Agenda packet — La Quinta City Council, September 17, 2024 (part 1 of 3)

CITY COUNCIL AGENDA Page 1 of 8 SEPTEMBER 17, 2024

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, SEPTEMBER 17, 2024
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via www.laquintaca.gov/livemeetings.

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

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 at the end of the agenda.

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)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 2 of 8 SEPTEMBER 17, 2024

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

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. HUNGER ACTION MONTH – SEPTEMBER 2024 – PRESENTATION BY FIND

FOOD BANK PRESIDENT AND CHIEF EXECUTIVE OFFICER DEBBIE ESPINOSA

AND DEVELOPMENT AND COMMUNITY RELATIONS MANAGER RACHEL

ANDERSON

2. PROCLAMATION IN RECOGNITION OF CONSTITUTION WEEK – SEPTEMBER 16-22, 2024, COMMEMORATING THE SIGNING OF THE UNITED STATES

CONSTITUTION

3. CERTIFICATE OF RECOGNITION HONORING LA QUINTA HIGH SCHOOL TEACHER

FRANK CEJA AS THE RECIPIENT OF THE AIR AND SPACE FORCES ASSOCIATION 2024 TEACHER OF THE YEAR AWARD

4. TALUS DEVELOPMENT PROJECT (FORMERLY SILVERROCK) – STATUS UPDATE

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

PAGE

1. APPROVE COUNCIL MEETING MINUTES DATED AUGUST 6, 2024 9

2. APPROVE COUNCIL SPECIAL MEETING MINUTES DATED AUGUST 6, 2024 27

3. APPROVE COUNCIL SPECIAL MEETING MINUTES DATED SEPTEMBER 9, 2024
29 4. EXCUSE ABSENCES OF (1) COMMISSIONER HUNDT FROM THE AUGUST 13, 2024, PLANNING COMMISSION MEETING, (2) COMMISSIONER HERNANDEZ FROM THE SEPTEMBER 10, 2024, PLANNING COMMISSION MEETING, AND (3) COMMISSIONERS LEE, MAST, AND WAY FROM THE AUGUST 14, 2024, FINANCIAL ADVISORY COMMISSION MEETING
31 CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 3 of 8 SEPTEMBER 17, 2024

5. AUTHORIZE OVERNIGHT TRAVEL FOR ONE TRAFFIC SIGNAL TECHNICIAN

TO ATTEND THE INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION CERTIFICATION PROGRAM IN ONTARIO, CALIFORNIA, OCTOBER 7-10, 2024
33 6. ADOPT ORDINANCE NOS. 616 AND 617 ON SECOND READING APPROVING (1) ZONE CHANGE 2017-0002 AND (2) DEVELOPMENT AGREEMENT 2021- 0001, RESPECTIVELY, FOR THE TRAVERTINE PROJECT CONSISTING OF 1,200 RESIDENTIAL UNITS, 45,000 SQUARE FOOT HOTEL WITH 100 VILLAS,

SPA AND WELLNESS CENTER AND OTHER COMMERCIAL AND
RECREATIONAL USES; CEQA: ENVIRONMENTAL IMPACT REPORT (EA 2017-0008, SCH # 2018011023) HAS BEEN PREPARED FOR THE PROPOSED PROJECT; LOCATION: SOUTH OF AVENUE 60, WEST OF MADISON STREET, AND NORTH OF AVENUE 64
37 7. ADOPT RESOLUTION TO APPROVE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 38083, LOCATED ON THE SOUTH SIDE OF AVENUE 54 BETWEEN MADISON AND MONROE STREETS [RESOLUTION NO. 2024-035]
237

8. ACCEPT ON-SITE IMPROVEMENTS ASSOCIATED WITH THE FLORESTA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 36762, LOCATED AT THE NORTHEAST CORNER OF AVENUE 52 AND JEFFERSON STREET
257

9. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE SOLTERRA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 37359,

LOCATED ON THE SOUTHWEST CORNER OF AUTO CENTRE DRIVE AND

LA QUINTA DRIVE
259

10. ACCEPT LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-03I, LOCATED AT THE CACTUS FLOWER DEVELOPMENT; AND

REALLOCATE FUNDING TO CITYWIDE IRRIGATION UPGRADE PROJECT NO. 2024-15
263

11. ACCEPT DUNE PALMS ROAD PAVEMENT REHABILITATION PROJECT NO. 2021-01, LOCATED ON DUNE PALMS ROAD, FROM MILES AVENUE TO FRED

WARING DRIVE
267

12. ACCEPT FISCAL YEAR 2022/23 PAVEMENT MANAGEMENT PLAN CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-15, LOCATED IN

VARIOUS LOCATIONS
271

13. AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR FISCAL YEAR 2024/25 PAVEMENT MANAGEMENT PLAN PROJECT NO. 2024-12 FOR FRED

WARING DRIVE AND MISCELLANEOUS LOCATIONS
275
CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 4 of 8 SEPTEMBER 17, 2024

14. ALLOCATE FUNDING AND AWARD CONTRACT TO GRANITE

CONSTRUCTION COMPANY FOR THE SILVERROCK TEMPORARY GOLF
CART PATH PAVING PROJECT NO. 2024-13
279

15. RATIFY AND APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VARIABLE SPEED SOLUTIONS, INC. FOR CIVIC CENTER LAKE PUMP REPLACEMENT PROJECT NO. 2024-16
283

16. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS DBA SOUTHWEST AQUATICS, INC. FOR LAKE MAINTENANCE SERVICES PROJECT NO. 2019-11;

AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS

VENDOR AS SELECT SOURCE FOR EXTRA LAKE MAINTENANCE SERVICES FOR FISCAL YEAR 2024/25
315

17. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR EMERGENCY

SERVICES COORDINATOR SERVICES WITH COUNTY OF RIVERSIDE

EMERGENCY MANAGEMENT DEPARTMENT
325

18. AUTHORIZE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $250,000 OF MATERIALS FOR FISCAL YEAR 2024/25
331

19. RECEIVE AND FILE FOURTH QUARTER FISCAL YEAR 2023/24 TREASURY REPORTS FOR APRIL, MAY, AND JUNE 2024
333

20. APPROVE DEMAND REGISTERS DATED AUGUST 2, 9, AND 16, 2024 399

21. APPROVE DEMAND REGISTERS DATED AUGUST 23, 30, AND SEPTEMBER 6, 2024
421

22. APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED JULY 5, AUGUST 9, AND SEPTEMBER 6, 2024
441

BUSINESS SESSION
PAGE

1. ADOPT RESOLUTION ADOPTING FACILITY NAMING POLICY
[RESOLUTION NO. 2024-036]
449

2. APPROVE DISTINGUISHED CITIZEN AWARD NOMINEE 459
STUDY SESSION – None
PUBLIC HEARINGS – None
CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 5 of 8 SEPTEMBER 17, 2024

DEPARTMENTAL REPORTS
PAGE

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT QUATERLY REPORT – APRIL-JUNE 2024 463

6. FINANCE

7. PUBLIC SAFETY
A. CODE COMPLIANCE QUARTERLY REPORT – APRIL-JUNE 2024 467 B. POLICE QUARTELRY REPORT – APRIL-JUNE 2024 469
C. FIRE QUARTERLY REPORT – APRIL-JUNE 2024 473

8. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

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

12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

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

14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

15. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

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

17. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

18. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey)

19. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey)

20. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

21. CVAG PUBLIC SAFETY COMMITTEE (Peña)

22. CVAG HOMELESSNESS COMMITTEE (Peña)

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

24. SUNLINE TRANSIT AGENCY (Peña)
CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 6 of 8 SEPTEMBER 17, 2024

25. ANIMAL CAMPUS COMMISSION (Sanchez)

26. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez)

27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

28. ART PURCHASE COMMITTEE (Sanchez & McGarrey)

29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez)

31. PLANNING COMMISSION MEETING MINUTES DATED:
 2023 - OCTOBER 10, NOVEMBER 14, DECEMBER 12
 2024 – JANUARY 9 AND 23, FEBRUARY 13, MARCH 12 AND 26, MAY 28, JUNE 11 AND 25
475

32. COMMUNITY SERVICES COMMISSION MEETING MINUTES DATED:
 2023 – JANUARY 25, MARCH 13, JUNE 12, SEPTEMBER 11, AND DECEMBER 11
 2024 – MARCH 11
531

33. ARTS AND COMMUNITY SERVICES COMMISSION:
 MAY 20, 2024 SPECIAL MEETING MINUTES
 JUNE 10, 2024 REGULAR QUARTERLY MEETING MINUTES
555

34. HOUSING COMMISSION MEETING MINUTES DATED JUNE 12, 2024 561

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on October 1, 2024, 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 13, 2024.

DATED: September 13, 2024
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 CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 7 of 8 SEPTEMBER 17, 2024

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)].  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.

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 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 CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 8 of 8 SEPTEMBER 17, 2024

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.].

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.
*** 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/86171130130
Meeting ID: 861 7113 0130
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.

CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 1 of 17 AUGUST 6, 2024

CITY COUNCIL

MINUTES
TUESDAY, AUGUST 6, 2024

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 Attorney Ihrke requested Council consider voting to add the following as Closed Session Item No. 2 on tonight’s agenda pursuant to Government Code section 54954.2, subdivision (b)(2) [Brown Act] due to multiple cases, officially called Voluntary Petitions for Non-Individuals Filing for Bankruptcy, filed in the United States District Court for the District of Delaware pursuant to Chapter 11 of the United State Bankruptcy Code, with the following DEBTOR PETITIONERS and case numbers:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC. 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657
The City is one of multiple named unsecured creditors in the SilverRock Phase I, LLC case, and all cases have debtor petitioners that are affiliates of SilverRock Development Company; collectively all debtor petitions are referred to herein as “SilverRock Development Company.” The City has several contracts with SilverRock Development Company for the development of the Talus project (formerly SilverRock Resort). All of the enumerated cases above were filed on Monday, August 5, 2024, after the required 72- hour publication and noticing requirements for posting the public meeting agenda per the Brown Act.

CONSENT CALENDAR ITEM NO. 1
9 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 2 of 17 AUGUST 6, 2024
Mr. Ihrke noted there is an immediate need for Council to receive an update, discuss, and possibly take action on the newly filed bankruptcy cases as follows:
 Federal laws are triggered when a voluntary bankruptcy petition is filed, including an automatic stay (or “freeze”) that potentially affects the ability to take actions affecting the assets of the debtor, including:
 The sale of real property owned by SilverRock Development Company, whether by foreclosure or otherwise;
 The ability to enter into and enforce contracts affecting the real property held by SilverRock Development Company, including (among other agreements) the Purchase, Sale, and Development Agreement (PSDA) with the City; and
 Pending litigation that parties may have against SilverRock Development Company, including the City’s lawsuit against all of the debtors and other named defendants, identified as Closed Session Item No. 1 on tonight’s agenda.
 Additionally, the filing of bankruptcy cases is relevant to Business Session Item No. 1 regarding Review Term Sheet Relating to Proposed Interim Agreement for Transfer of Developer Rights and Obligations for the Talus Project (formerly SilverRock Resort) on the Council’s August 6, 2024, published and noticed Special Meeting Agenda to be held at 4 p.m. this afternoon, as the bankruptcy filings may affect the ability for any parties, or persons or businesses that are not SilverRock Development Company, to enforce provisions by contract that affect the real property held by SilverRock Development Company.

Mr. Ihrke said, procedurally, in accordance with the Brown Act, since this matter came to the attention of staff subsequent to publishing the agenda packet on Friday, August 2, 2024, and because there is a need to take immediate action by the Council, and the City Attorney needs to update and receive direction from Council on the potential effects of the bankruptcy filings, Council may add the proposed Closed Session Item No. 2 on tonight’s agenda by a minimum four-fifth vote.

City Attorney Ihrke noted that at the conclusion of Closed Session, any action(s) taken will be reported out pursuant to the Brown Act.

MOTION – A motion was made and seconded by Mayor Pro Tem Peña/Councilmember Fitzpatrick to add Closed Session Item No. 2 to the agenda. Motion passed unanimously.

Mayor Evans said she will leave tonight’s Council meeting around 5 p.m. due to a conflicting meeting engagement and will turn over Presiding Officer duties to Mayor Pro Tem Peña in her absence, and will return and rejoin the meeting as soon as she is able to do so.
10 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 17 AUGUST 6, 2024

CLOSED SESSION

1. CONFERENCE WITH REAL LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9
NAME OF CASE: CITY OF LA QUINTA v. SILVERROCK DEVELOPMENT COMPANTY, ET AL.

CASE NUMBER: PENDING

2. Added at Confirmation of Agenda pursuant to Government Code Section 54954.2 (b)(2) [Brown Act] >>>
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION;
PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9
CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S.

Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC. 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:07 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
COUNCIL MEETING AT 4:11 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 1 – No new reportable action.

The authorization to initiate or intervene in litigation as reported out for Closed Session Item No. 2 from the July 2, 2024, Council meeting remains in place, and no new action was taken tonight for Closed Session Item No. 1 that requires additional reporting.

In accordance with Government Code section 54957.1, subdivision (a)(2), upon the formal commencement of or intervening in any litigation, the action, name of the parties, and other particulars of the litigation may be disclosed upon inquiry. 11 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 4 of 17 AUGUST 6, 2024
 Added at Confirmation of Agenda pursuant to the Brown Act >>> CLOSED SESSION ITEM NO. 2 – Council took the following action:

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/ McGarrey to authorize the City Attorney with the coordination of the City Attorney’s Office to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its respective affiliates. Motion passed unanimously.

At the request of Council, Mr. Ihrke further summarized the recent history relating to the Talus project (formerly SilverRock Resort) that led to SilverRock Development Company and its affiliates filing Chapter 11 bankruptcy. Mr. Ihrke summarized that late last year construction work at the Talus development remained stopped because contractors had not been paid. At that time, SilverRock Development Company indicated that it was working to line up what was defined as “recapitalization loans” with funding sources that led to Council approving Amendment No. 5 to the Purchase, Sale, and Development Agreement (PSDA), which is the main operative agreement for the development of the project. Among other provisions, Amendment No. 5 required that the recapitalization funding with the lenders had to close no later than June 30, 2024. In and around late April and early May of 2024, there were concerns that the recapitalization funding might not close by the June 30, 2024 deadline, so multiple parties, including the City, SilverRock Development Company (and its affiliates), and several other creditors, as well as a potential successor developer, entered into a Memorandum of Understanding and Agreement (MOU), executed May 24, 2024, that served as a backup plan in case the recapitalization funding did not close timely. When the recapitalization funding did not close by June 30, 2024, the MOU then allowed for the successor developer to work to pay off the creditors, but during that time, SilverRock Development Company frustrated the purpose by filing encumbrances, including deeds of trust and mechanics liens, that the City has alleged in its pending lawsuit as not being authorized and invalid encumbrances recorded against the portion of the Talus property currently held by SilverRock Development Company (or its affiliates). With the MOU expiring shortly and the City Manager and City Attorney learning late last night – the night before today’s Council meeting – that SilverRock Development Company and its various affiliates have filed for bankruptcy, these actions and occurrences led to the addition of Closed Session Item No. 2 on tonight’s agenda as an emergency item, with the action taken by Council as reported out by Mr. Ihrke.

PLEDGE OF ALLEGIANCE
Mayor Evans led the audience in the Pledge of Allegiance.

MAYOR EVANS RECESSED THE COUNCIL MEETING AT 4:15 P.M. TO

CONDUCT THE SPECIAL COUNCIL MEETING AND THE HOUSING

AUTHORITY SPECIAL MEETING
12 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 5 of 17 AUGUST 6, 2024
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 4:30 P.M. WITH

ALL MEMBERS PRESENT

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
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.

PUBLIC SPEAKER: Arlene Gotshalk, La Quinta – spoke of the multiple delivery means for emergency response information that is often confusing, outdated and inaccurate; suggested the City create a central emergency response website, and designate one City representative as spokesperson.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. PROCLAMATION IN RECOGNITION AND REMEMBRANCE OF KATHERINE

VOGTS FOR HER DEDICATION, KINDNESS, HEROISM, AND UNWAVERING

SPIRIT IN SERVING HER COMMUNITY
Mayor Evans and Councilmembers presented a Proclamation in recognition and remembrance of Katherin Vogts to members of her family.

CONSENT CALENDAR

1. APPROVE COUNCIL MEETING MINUTES DATED JUNE 5, 2024

2. EXCUSE ABSENCE OF COMMISSIONER BATAVICK FROM THE AUGUST 14, 2024, FINANCIAL ADVISORY COMMISSION

3. ACCEPT ON-SITE IMPROVEMENTS ASSOCIATED WITH THE POLO VILLAS RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 33085, LOCATED WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52

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

ADVERTISE FOR BID THE PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2024/25 FRED WARING DRIVE AND MISCELLANEOUS LOCATIONS
PROJECT NO. 2024-12

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

ADVERTISE FOR BID THE SILVERROCK TEMPORARY GOLF CART PATH PAVING PROJECT NO. 2024-13

6. AWARD CONTRACT FOR CONSTRUCTION OF THE EISENHOWER BASIN SLOPE REPAIR PROJECT NO. 2023-22, LOCATED ON THE WEST SIDE OF 13 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 6 of 17 AUGUST 6, 2024

EISENHOWER DRIVE BETWEEN AVENIDA FERNANDO AND COACHELLA DRIVE

7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH RY+AO FOR

DESIGN SERVICES FOR MAINTENANCE AND OPERATIONS YARD
PROJECT NO. 2018-05

8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH RAINY DAY

ROOFING FOR ON-CALL ROOFING SERVICES

9. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH BMO BANK, N.A. FOR BANKING AND MERCHANT SERVICES

10. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2024

11. APPROVE DEMAND REGISTERS DATED JULY 12, 19, AND 26, 2024 CONSENT CALENDAR – COMMENTS
ITEM NO. 5: Councilmember Fitzpatrick said the golf cart path at SilverRock is something that is needed, she is in support, and it is part of protecting the City’s investment.

City Manager McMillen added that the temporary nature of the golf paths, it is important to mitigate the dust, and given the uncertainty of the timeframe of the Talus development, the golf paths need to be in place to protect the City’s recent investment in a new golf cart fleet. This is the least expensive way to properly mitigate the dust.

ITEM NO. 7: Mayor Evans said the agreement with RY+AO is the first phase of the Corporate Yard project which will be brought back in phases, and this project is long overdue.

ITEM NO. 4: Councilmember Fitzpatrick said the City continues to make substantial investment in pavement management, streets resurfacing, and roadways infrastructure throughout the City; noted this item will approve another sizable expenditure for pavement management; inability to complete the paving of Highway 111 at this time is due to delays in federal funding, thus, the Pavement Management Program (PMP) schedule has been amended; noted the City will hold a community outreach meeting on Thursday, August 15, 2024, at 5 p.m., at City Hall and can be attended virtually, to discuss the City’s upcoming PMP, anticipated to begin construction in Fall of 2024; and encouraged the public to attend and comment.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as presented. Motion passed unanimously. 14 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 7 of 17 AUGUST 6, 2024

BUSINESS SESSION

1. RECEIVE AND FILE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR YEAR ENDED JUNE 30, 2023
Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office.

MAYOR EVANS SAID SHE HAD TO LEAVE THE COUNCIL MEETING DUE TO A CONFLICTING ENGAGEMENT, AND LEFT THE DAIS AT 5:03 P.M.

MAYOR PRO TEM PEÑA TOOK OVER PRESIDING OFFICER DUTIES
CONSULTANT: Lauryn Stapleton, Senior Manager with Eide Bailly LLP, auditing firm for the City – explained the auditors scope of work; reported that auditors provided an “unmodified opinion,” which is the highest level; and explained the role of the auditors and the findings.

Mayor Pro Tem Peña thanked staff for their efforts and dedication in serving the City; and noted the City has been awarded the Certificate of Achievement for Excellence in Financial Reporting by Government Finance Officers Association of the United States and Canada for the ACFR for 26 years in a row.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to receive and file the Annual Comprehensive Financial Report for the year ended June 30, 2023, as presented. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

STUDY SESSION – None

PUBLIC HEARINGS

1. ADOPT RESOLUTION TO APPROVE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE FISCAL YEAR 2024/25 PROPERTY TAX ROLL [RESOLUTION NO. 2024-032]
MAYOR PRO TEM PEÑA DECLARED THE PUBLIC HEARING OPEN AT 5:11 P.M.

Public Safety Deputy Director Mendez presented the staff report, which is on file in the Clerk’s Office.

PUBLIC SPEAKER: None
MAYOR PRO TEM PEÑA DECLARED THE PUBLIC HEARING CLOSED AT 5:13 P.M.

MOTION – A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to adopt Resolution No. 2024-032 as presented:
15 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 8 of 17 AUGUST 6, 2024

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 (Evans).

2. >>> Agenda reordered – this item was taken up after Departmental Reports:

PUBLIC HEARING ITEM NO. 2 WILL BE HEARD AT 6:00 P.M. OR SOON

THEREAFTER
DEPARTMENTAL REPORTS >>> taken out of Agenda order
All reports are on file in the City Clerk’s Office.

3. CITY CLERK – SHORT-TERM VACATION RENTAL QUARTERLY REPORT FOR APRIL TO JUNE 2024
City Clerk Radeva presented the departmental report, which is on file at the Clerk’s office.

Council discussed the number of complaints in PGA West and north La Quinta.

4. DESIGN AND DEVELOPMENT – SOUTHERN SPHERE OF INFLUENCE

OUTREACH UPDATE
Design and Development Director Castro presented the departmental report, which is on file at the Clerk’s office.

Council discussed the residency of survey respondents, and the responses received so far.

MAYOR PRO TEM PEÑA CALLED FOR A BRIEF RECESS AT 5:25 P.M.

MAYOR PRO TEM PEÑA RECONVENED THE COUNCIL MEETING AT 6:07 P.M. WITH COUNCILMEMBERS FITZPATRICK, McGARREY, AND SANCHEZ

PRESENT, AND MAYOR EVANS ABSENT

PUBLIC HEARINGS

2. ADOPT RESOLUTIONS TO (1) CERTIFY AN ENVIRONMENTAL IMPACT REPORT (EA 20217-0008, SCH # 2018011023) AND (2) APPROVE GENERAL PLAN AMENDMENT 2017-0002, SPECIFIC PLAN 2017-0004, AND TENTATIVE TRACT MAP 2017-0008 (TTM 37387)
INTRODUCE ORDINANCES TO APPROVE (1) ZONE CHANGE 2017-00002, AND (2) DEVELOPMENT AGREEMENT 2021-0001
PROJECT: TRAVERTINE – CONSISTING OF 1,200 RESIDENTIAL UNITS, 45,000 SQUARE FOOT HOTEL WITH 100 VILLAS, SPA AND
16 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 9 of 17 AUGUST 6, 2024

WELLNESS CENTER AND OTHER COMMERCIAL AND

RECREATIONAL USES
CEQA: AN ENVIRONMENTAL IMPACT REPORT (EA 2017-0008, SCH # 2018011023) HAS BEEN PREPARED FOR THE PROPOSED

PROJECT
LOCATION: SOUTH OF AVENUE 60, WEST OF MADISON STREET, AND NORTH OF AVENUE 64
[RESOLUTION NOS. 2024-033 AND 2024-034; ORDINANCE NOS. 616 AND 617] MAYOR PRO TEM PEÑA DECLARED THE PUBLIC HEARING OPEN AT 6:08 P.M.

Planning Director Flores presented the staff report, which is on file in the Clerk’s Office.

City Clerk Radeva said a HAND-OUT was received from Mark Rogers, Principal with TRG Land, and Applicant for the project, providing comments from the June 25, 2024, Planning Commission meeting deliberations of the project, specifically regarding the proposed raised roadway on Avenue 62 and infrastructure site improvements, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

APPLICANT PRESENTATION: Mark Rogers, Principal with TRG Land, and Applicant for the Travertine project – provided a history of the years and events leading to this project since 1988, the individual responsible for its vision, and changes to the original project.

PUBLIC SPEAKER: Judy Viera, La Quinta – not opposed to the project, but does oppose the elevated roadway on Avenue 62 due to the lighting, headlights and noise that would affect residents at Trilogy; and requested that if approval is granted, the City add a condition that only utilities be permitted over Avenue 62 and Dike No. 4.

PUBLIC SPEAKER: Sal Amezquita, La Quinta, representing Western States Regional Council of Carpenters – requested that the City require the developer to use contractors that hire locally, pay prevailing wages, and utilize apprentices from State certified apprentice programs when developing this project to help mitigate additional vehicle miles traveled when contractors use workers from out of the area.

PUBLIC SPEAKER: Bob Lasser, La Quinta (received donated time from JoAnn Thompson) – not opposed to the project, only opposed to the 36-foot-high elevated roadway on Avenue 62 over Dyke No. 4 due to its impact on adjacent Trilogy residents, and its inconsistency with the General Plan; and the primary project entrance should be moved to the Jefferson Street extension.

PUBLIC SPEAKER: Carolyn Winnor, La Quinta –Trilogy resident; opposed due to Avenue 62 elevated roadway; provided a handout entitled La Quinta Village Apartments vs.

Avenue 62 elevated roadway; requested that the project entrance be relocated to the Jefferson Street extension.
17 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 10 of 17 AUGUST 6, 2024
PUBLIC SPEAKER: Keith Boyle, La Quinta – Trilogy resident; opposed to the proposed elevated roadway on Avenue 62; the Environmental Impact Report (EIR) should be amended to have primary access at Jefferson Street extension; and supported following the Planning Commission recommendation for primary access.

PUBLIC SPEAKER: Sheila Warren, La Quinta (received donated time from Derek Wong) – Trilogy resident; provided a written handout included in the Agenda; explained the information provided in her handout; opposed to the elevated roadway due to noise and visual impact; and the solution is to make Avenue 62 for utilities only, and Jefferson Street extension the main entrance.

PUBLIC SPEAKER: Andrew Sincosky, La Quinta (received donated time from Raynette Sincosky) – did not wish to speak when called upon by Mayor Pro Tem.

PUBLIC SPEAKER: Bobbie Fleury, La Quinta (received donated time from Sandy Lanham) – Trilogy resident; provided a handout included in the Agenda; opposed to elevated roadway; supported using Avenue 62 for utilities only and Jefferson Street extension as the main entrance/exit.

PUBLIC SPEAKER: Mark Reider, La Quinta, representing the Trilogy residential community in his capacity of Homeowners Association President (received donated time from Phil Jamison) – the consensus of the HOA Board of Directors is to oppose the elevated roadway on Avenue 62; questioned the EIR vehicle count, and noise data; the absence of headlight impacts in the EIR; supports making Jefferson Street extension the primary access to this development; and Developer cost should not be a consideration in EIR review.

PUBLIC SPEAKER: Laura DuMaurier, La Quinta (received donated time from Holly Wong) – Trilogy resident; opposed to the proposed elevated roadway on Avenue 62 due to pollutants from the elevated roadway which was not addressed in the EIR; supported moving the entrance to Jefferson Street extension.

PUBLIC SPEAKER: Wendelyn Slipakoff, La Quinta (received donated time from Dennis Slipakoff– Trilogy resident; opposed to the project due to blocking of mountain and night sky views as well as the other issues mentioned by residents; and approvals should not be based on what is cheaper for a developer.

Planning Director Flores responded to Mayor Pro Tem’s earlier question: trips per day on Avenue 62 is 3,200.

PUBLIC SPEAKER: Alena Callimanis, La Quinta (received donated time from Judy Hovjacky) – opposed to the proposed elevated roadway on Avenue 62; provided photos depicting the negative visual, noise, fumes, and aesthetic impacts of the elevated roadway of Avenue 62 over Dike No. 4; not opposed to the utilities going over the Dike. 18 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 11 of 17 AUGUST 6, 2024
PUBLIC SPEAKER: Shaul Mezrahi, La Quinta – representing the Coral Canyon site, directly north of Travertine; has worked closely with the Travertine developers; in support of the development due to its benefits to the community expansion and housing.

PUBLIC SPEAKER: Maria Allgood, La Quinta – half owner/representative of the land labeled NAP on the Travertine project documents; supports the Travertine project, but concerned about the project’s effects on the property value and marketability of her property and the limitations of the 24-foot access easement; the proximity of the Jefferson Street extension after reconfiguration; allowable and prospective business intended for the tourist commercial area of the project; and the proximity and intent of the interconnector trail surrounding her property.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Alena Callimanis, La Quinta – comments regarding proposed elevated roadway on Avenue 62 over Dike No. 4.
 Desert Valley Builders Association – Gretchen Gutierrez, President – support of development and new local jobs.
 John Miller, La Quinta – opposed due to proposed elevated roadway on Avenue 62, noise, traffic, and infrastructure concerns, and impacts on local wildlife, specifically bighorn sheep.
 Mitchell Tsai Law – opposed due to improper processing of the draft EIR.  Cathy Morton, La Quinta – opposed due to proposed elevated roadway on Avenue 62 over Dike No. 4.
 John Perry, La Quinta – opposed and echoed comments provided by resident John Miller noted above.
 Sunrise Company – Randall Bone, Chief Executive Officer – support of future development in La Quinta.

MAYOR PRO TEM PEÑA CALLED FOR A BRIEF RECESS AT 7:45 P.M.

MAYOR PRO TEM PEÑA RECONVENED THE COUNCIL MEETING AT 7:54 P.M. WITH COUNCILMEMERBS FITZPATRICK, McGARREY, AND SANCHEZ

PRESENT, AND MAYOR EVANS ABSENT
Council questioned the Applicant regarding the need for the Avenue 62 elevated roadway and not the use of the Jefferson Street extension as primary access; why Avenue 62 is not used for utilities only; the status of the Coral Mountain project; fire truck access over Avenue 62 elevation; who would be permitted to use the hiking trails; and need to include the calculation for added police costs.

Council discussed its desire that developers hire local workers and pay prevailing wage; La Quinta will not gain any property tax from half this property until around 2040; landscaping plans on Jefferson Street and Avenue 62; and the importance of ensuring that the Development Agreement (DA) includes terms and provisions requiring the 19 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 12 of 17 AUGUST 6, 2024
homeowners’ association (HOA) of the proposed development to be responsible for the first level of monitoring, compliance, and enforcement of short-term vacation rentals (STVR) in its Covenants, Conditions, and Restrictions (CC&Rs).

City Attorney Ihrke said he had discussed, with legal counsel for the project, adding some of the STVR management provisions included in the recently approved DA for the Coral Mountain project into the draft DA for the Travertine project, which required the HOA to be responsible for timely collection and reporting of transient occupancy tax (TOT) and ensuring compliance with the City’s STVR Program regulations, and to have this requirement be reflected in the recorded CC&Rs. The DA for the proposed Travertine project already includes provisions that allow STVR uses for the residential component.

A summary of the additional STVR provisions, which will generally be the same or similar text from Section 5 and its subsections of the Coral Mountain DA and then incorporated and added to Section 6 of the DA for the Travertine project, is provided below so that Council may elect to introduce the ordinance tonight with these amendments to the DA read into the record on first reading of the ordinance. If the Council adopts the additional STVR provisions with the introduction of the ordinance for first reading tonight, then the text will be included with the ordinance when it is brought back for second reading.

City Attorney Ihrke provided the following summary of additional STVR provisions with reference to the Coral Mountain DA sections:

In order to ensure the timely collection and reporting of the applicable TOT, and compliance with the applicable operational requirements and conditions set forth in the STVR regulations, the Developer or it successor or assignee shall be the “authorized agent or representative” (as that term is defined in the STVR regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 of the La Quinta Municipal Code, as of the Effective Date of this Agreement) for all STVRs and STVR permits within the Project, including but not limited to applying for and managing all STVR permits, making all reservations and payments, and ensuring compliance with all other requirements of the STVR regulations, and shall do so exclusively through a central rental operator pursuant to the applicable section of the agreement, which shall be confirmed at the issuance and renewal of each STVR permit.

This obligation shall be included in the project’s CC&Rs, which are required under the DA to be recorded against the project. All CC&Rs recorded pursuant to the DA on any property within the project where residential uses are allowed shall expressly authorize STVRs for all residential units. All such CC&Rs shall state the operational requirements and standard conditions applicable to STVRs in that tract or planning area of the project.

The owner of the property is responsible for ensuring that these provisions would be complied with or, to the extent there may be successors to the current applicant, there would be the ability to comply with these requirements by procuring a contract to provide such services with an on-site rental management agent.
20 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 13 of 17 AUGUST 6, 2024
There would also be express provisions to allow for the owner to assign those obligations out in accordance with the DA notwithstanding any other prohibitions on transfers.

Coral Mountain Development Agreement text, cited for additional STVR provisions:

5.1 Short Term Vacation Rentals as a Permitted Use.

This Agreement does hereby provide that short-term vacation rentals are a permitted use in all Planning Areas within the Project and on the Site that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement, and this vested right shall inure to the benefit of Developer and all owners of residential units within the Project. As such, the rights and obligations under this Section 5 shall survive the sale of each residential unit to a third-party homebuyer and termination of this Agreement to each such unit. Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this provision or that would materially interfere with right to apply for and, with City staff approval, operate short-term vacation rentals in all residential units within the Project. Such short-term vacation rentals within the Project shall be subject to the ShortTerm Vacation Rental Regulations, including but not limited to violations and penalties for such violations for failing to comply with the City’s Short-Term Vacation Rental Regulations. (For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to this Agreement as Exhibit “G”. In the event Chapter 3.25 is repealed in its entirely, only then the provisions of Chapter 3.25 as attached to this Agreement shall govern the permitting, operation, and renewal of shortterm vacation rental permits in the Project and on the Site.) In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in the Short-Term Vacation Rental Regulations, the Developer or its successor or assignee shall be the “authorized agent or representative” (as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of the Short-Term Vacation Rental Regulations, and shall do so exclusively through a central rental operator pursuant to Section 5.3.1 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the “owner” (as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter

3.25 as of the Effective Date of this Agreement) shall remain ultimately obligated as the holder of the short-term vacation rental permit for any and all remedial actions necessary for compliance with the Short-Term Vacation Rental Regulations and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non-compliance; and, provided further, that the “owner” shall have a process 21 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 14 of 17 AUGUST 6, 2024
available, through an independent arbitrator or neutral decision-maker designated by the Developer or homeowner’s association (“HOA”) of which the short-term vacation rental unit owner is a member, to petition for a change of that owner’s “authorized agent or representative” because the owner demonstrates, with a preponderance of evidence, that the “authorized agent or representative,” designated by the Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of the Short-Term Vacation Rental Regulations for that owner’s short-term vacation rental unit. The CC&Rs as described in Section 3.8 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever an owner may petition the HOA for a change in that owner’s “authorized agent or representative” as required by this Section 5.1; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if an owner were to petition the HOA for a change in that owner’s “authorized agent or representative” as required by this Section 5.1.

5.3.1 Rental Management Program
Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to be, with an on-site rental management agent. Developer may assign this obligation to its successors in accordance with this Agreement.

Council discussed that this STVR provision is intended to be included in all new developments in the City; review and approval by other required agencies; ability of Imperial Irrigation District to provide power for the project; fire truck ease of access; easements and approvals needed to extend Jefferson Street; and plans for behind Dike No. 4 and flood control.

MAYOR PRO TEM PEÑA DECLARED THE PUBLIC HEARING CLOSED AT 8:26 P.M.

Council discussed the innovative, environmentally sensitive design of the project; reminiscent of The Reserve project in Palm Desert; as Jefferson Street extension is completed, the Avenue 62 elevated roadway use will reduce; new projects typically are opposed, including the Trilogy project; recognition that this is a responsible developer; seen as a great asset to the community; General Plan includes the original 1995 project, and the current project does not contradict the goals of the General Plan; the timing is the main issue; gave examples of opposition to all past developments in La Quinta; and the progressive initiatives that the City has enacted and been a leader on.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2024-033 making findings and approving a statement of overriding considerations pursuant to the Environmental Quality Act, certifying the 22 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 15 of 17 AUGUST 6, 2024
Environmental Impact Report (EA 2017-0008, SCH # 2018011023), and adopting a mitigation monitoring and reporting program for the Travertine project, as presented:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH # 2018011023) FOR THE TRAVERTINE PROJECT CONSISTING OF 1,200 RESIDENTIAL UNITS, 45,000 SQUARE FOOT HOTEL WITH 100 VILLAS, SPA,

AND WELLNESS CENTER AND OTHER COMMERCIAL AND RECREATIONAL USES; ADOPTING ENVIRONMENTAL FINDINGS AND STATEMENT OF

OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION

MONITORING AND REPORTING PROGRAM
CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2017-0008
PROJECT: TRAVERTINE
APPLICANT: TRG LAND
Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2024-034 approving General Plan Amendment 2017-0002, Specific Plan 2017-0004, and Tentative Tract Map 2017-0008 (TTM 37387) for the Travertine project subject to the Conditions of Approval, as presented:

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

CALIFORNIA, TO APPROVE A GENERAL PLAN AMENDMENT, SPECIFIC

PLAN AMENDMENT, AND TENTATIVE TRACT MAP TO ALLOW THE
DEVELOPMENT OF 1,200 RESIDENTIAL UNITS, 100 ROOM HOTEL ON 855 ACRES, LOCATED SOUTH OF AVENUE 60, NORTH OF AVENUE 64, WEST

OF MADISON STREET
CASE NUMBERS: GENERAL PLAN AMENDMENT 2017-0002
SPECIFIC PLAN 2017-0004
TENTATIVE TRACT MAP 2017-0008 (TTM 37387)
PROJECT: TRAVERTINE
APPLICANT: TRG LAND INC.

Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to take up Ordinance No. 616 by title and number only and waive further reading approving Zone Change 2017-0002 for the Travertine project, as presented. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

City Clerk Radeva read the following title of Ordinance No. 616 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, AMENDING THE ZONING MAP TO MODIFY THE AREA AND

LOCATIONS OF THE LOW DENSITY RESIDENTIAL, TOURIST COMMERCIAL,

AND OPEN SPACE ZONING DESIGNATIONS, REMOVE THE MEDIUM HIGH

DENSITY RESIDENTIAL, NEIGHBORHOOD COMMERCIAL AND GOLF

COURSE ZONING DESIGNATIONS AND ADD MEDIUM DENSITY
23 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 16 of 17 AUGUST 6, 2024

RESIDENTIAL ZONING DESIGNATION WITHIN THE TRAVERTINE SPECIFIC

PLAN AREA
CASE NUMBER: ZONE CHANGE 2017-0002
PROJECT: TRAVERTINE
APPLICANT: TRG LAND INC.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to introduce at first reading Ordinance No. 616 as presented. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to take up Ordinance No. 617 by title and number only and waive further reading approving Development Agreement 2021-0001 for the Travertine project, as amended, to include additional provisions under Article 6 related to short-term vacation rental management requirements as noted by the City Attorney’s comments above. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

City Clerk Radeva read the following title of Ordinance No. 617 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,

CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF LA QUINTA AND TRAVERTINE CORPORATION, LLC

RELATING TO THE TRAVERTINE PROJECT AND FINDING THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2017- 0008
CASE NUMBER: DEVELOPMENT AGREEMENT 2021-0002
PROJECT: TRAVERTINE
APPLICANT: TRG LAND INC.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to introduce at first reading Ordinance No. 617, as amended, to include additional provisions under Article 6 related to short-term vacation rental management requirements as noted by the City Attorney’s comments above. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

DEPARTMENTAL REPORTS >>> taken out of Agenda order, see above, after Public Hearing Item No. 1
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Fitzpatrick said as a reminder the City will hold a community outreach meeting on Thursday, August 15, 2024, at 5 p.m., at City Hall and can be attended virtually, to discuss the City’s upcoming PMP, anticipated to begin construction in Fall of 2024; and encouraged the public to attend and comment; and noted she visited La Quinta Park and toured the installation of the new, wonderful shade structure. 24 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 17 of 17 AUGUST 6, 2024

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2024, Mayor Pro Tem Peña reported on his participation in the following organization’s meeting:
 SUNLINE TRANSIT AGENCY
La Quinta’s representative for 2024, Councilmember Sanchez reported on his participation in the following organization’s meeting:
 ANIMAL CAMPUS COMMISSION

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers McGarrey/Sanchez to adjourn at 8:54 p.m. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Evans).

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
25 CLICK HERE to Return to Agenda
26 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 1 of 2 AUGUST 6, 2024

SPECIAL MEETING

CITY COUNCIL MINUTES

SPECIAL MEETING
TUESDAY, AUGUST 6, 2024

CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 4:15 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 – Confirmed

PLEDGE OF ALLEGIANCE

BUSINESS SESSION

1. REVIEW TERM SHEET RELATING TO PROPOSED INTERIM AGREEMENT

FOR TRANSFER OF DEVELOPER RIGHTS AND OBLIGATIONS FOR THE

TALUS PROJECT (FORMERLY SILVERROCK RESORT)
City Manager McMillen presented the staff report, which is on file at the Clerk’s Office; the City Manager explained that, due to SilverRock Development Company’s (SDC) bankruptcy filing on August 5, 2024, he requested that the recommended action be amended to authorize the City Manager to negotiate, on behalf of the City, an Interim Agreement with the parties to the Memorandum of Understanding and Agreement Relating to Default and Developer Requirements (Purchase, Sale, and Development Agreement) (MOU), executed on May 24, 2024, excluding SDC and its associated entities, and to bring it back to Council for consideration and approval after the general terms and conditions have been negotiated, consistent with the Term Sheet included as Attachment 1 to the staff report.

City Attorney Ihrke explained the anticipated timing to complete the above stated Interim Agreement negotiations and to obtain any signatures, is dependent on the bankruptcy case filed by SDC, which triggers certain federal laws, including an automatic stay on transactions that would transfer real properties owned by SDC, including by foreclosure; the City Attorney further explained that, while negotiations may be allowable under federal bankruptcy law during the automatic stay, the ability to enforce such Interim Agreement would likely not be allowed thereby lessening the immediate need to grant the City Manager signing authority for the Interim Agreement that arose when this Special Meeting was noticed; and, while the City may want to continue negotiations in order to protect the CONSENT CALENDAR ITEM NO. 2
27 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 2 of 2 AUGUST 6, 2024

SPECIAL MEETING
City’s interests as well as to draft provisions that may be relevant in the plan to exit out of bankruptcy, as long as the bankruptcy case remains pending, the ability to enforce such Interim Agreement would likely not be allowed thereby also giving time for any such Interim Agreement, once drafted, to return to the City Council for review and approval before signature by the City Manager.

Mayor Evans stated that the City will still have intention of moving forward with the negotiations on the Interim Agreement, but because of the bankruptcy case, the City Manager will prepare accordingly so that a potential agreement will come back to the Council for action.

Council Member Fitzpatrick also stated that, as part of the protection of the City’s interests, the City will also be protecting the site as discussed.

MOTION – A motion was made and seconded by Mayor Evans/Mayor Pro Tem Peña to authorize the City Manager to negotiate on behalf of the City an Interim Agreement based on the general terms and conditions of the Term Sheet and return to City Council for review and approval, when allowable, given the bankruptcy filing. Motion passed unanimously.

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Peña to adjourn at 4:20 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
28 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 1 of 2 SEPTEMBER 9, 2024

SPECIAL MEETING

CITY COUNCIL MINUTES

SPECIAL MEETING
MONDAY, SEPTEMBER 9, 2024

CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 3:47 p.m. by Mayor Evans.

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

PLEDGE OF ALLEGIANCE
Mayor Evans led the audience in the Pledge of Allegiance.

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

CLOSED SESSION

Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:51 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 5:46 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported no actions were taken on Closed Session Item No. 1 that require reporting pursuant to Government Code section 54957.1 (Brown Act). 29 CONSENT CALENDAR ITEM NO. 3 CLICK HERE to Return to Agenda CITY COUNCIL MINUTES Page 2 of 2 SEPTEMBER 9, 2024

SPECIAL MEETING
The authorization of the City Attorney with the coordination of the City Attorney’s Office to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting remains in place.

CONSENT CALENDAR – taken out of Agenda order >>>

1. RATIFY AND APPROVE PROFESSIONAL SERVICES AGREEMENT WITH

WHITEFORD, TAYLOR & PRESTON, LLP TO REPRESENT THE CITY AS

SPECIAL COUNSEL AND LOCAL DELAWARE COUNSEL IN CONNECTION

WITH THE SILVERROCK DEVELOPMENT COMPANY BANKRUPTCY CASES At the request of Council, City Manager McMillen explained on August 5, 2024, SilverRock Development Company and its affiliates filed multiple bankruptcy petitions in the United States Bankruptcy Court for the District of Delaware, thus the City retained Whiteford, Taylor & Preston, LLP as special local bankruptcy counsel, per the City Attorney’s recommendation and as required by federal court rules for appearing before the Delaware court, to represent the City in the bankruptcy proceedings, which are moving very quickly with a hearing already held on September 3, and another one scheduled for September 11, 2024; and noted the item before the Council is to ratify and approve the agreement, which was executed on August 17, 2024.

MOTION – a motion was made and seconded by Councilmembers Peña/Fitzpatrick to ratify and approve professional services agreement with Whiteford, Taylor & Preston, LLP to represent the City as special counsel and local Delaware counsel in connection with the SilverRock Development Company bankruptcy cases. Motion passed unanimously.

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers McGarrey/Sanchez to adjourn at 5:49 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
30 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: September 17, 2024

STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCES OF (1) COMMISSIONER HUNDT FROM THE AUGUST 13, 2024, PLANNING COMMISSION MEETING, (2) COMMISSIONER HERNANDEZ FROM THE SEPTEMBER 10, 2024, PLANNING COMMISSION MEETING, AND (3) COMMISSIONERS LEE, MAST, AND WAY FROM THE AUGUST 14, 2024, FINANCIAL ADVISORY COMMISSION MEETING

RECOMMENDATION
Excuse absences of (1) Commissioner Kevin Hundt from the August 13, 2024, Planning Commission meeting; (2) Commissioner Alfonso Hernandez from the September 10, 2024, Planning Commission Meeting; and (3) Commissioners David Lee, Ellen Way, and Shelley Mast from the August 14, 2024, Financial Advisory Commission meeting.

EXECUTIVE SUMMARY
 Commissioner Hundt requested to be excused from the August 13, 2024, Planning Commission meeting due to previously scheduled travel. Commissioner Hernandez requested to be excused from the September 10, 2024, Planning Commission meeting due to illness. Commissioners Hundt and Hernandez have one excused absence for fiscal year 2024/25.
 Commissioners Lee, Mast, and Way requested to be excused from the August 14, 2024, Financial Advisory Commission meeting due to medical recovery, previously scheduled travel, and bereavement, respectively. All three Commissioners have no excused or unexcused absences for fiscal year 2024/25.

FISCAL IMPACT
Absent members do not receive any meeting compensation.

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.”
CONSENT CALENDAR ITEM NO. 4
31 CLICK HERE to Return to Agenda

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

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
32 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: September 17, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR ONE TRAFFIC SIGNAL

TECHNICIAN TO ATTEND THE INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION CERTIFICATION PROGRAM IN ONTARIO, CALIFORNIA, OCTOBER 7-10, 2024

RECOMMENDATION
Authorize overnight travel for one Traffic Signal Technician to attend the International Municipal Signal Association certification program in Ontario, California, October 7-10, 2024.

EXECUTIVE SUMMARY
 The Traffic Signal Technician seeks additional knowledge in Public Works/Traffic with the opportunity to network.
 The program will cover Traffic Signal and Work Zone Traffic Control classes.

FISCAL IMPACT
Estimated expenses are $2,000, which includes program registration, travel, lodging, and meals for one attendee. Funds are available in fiscal year 2024/25 Engineering Services Travel and Training budget (Account No. 101-7006-60320).

BACKGROUND/ANALYSIS
The International Municipal Signal Association (IMSA) certification program offers multilevel certification classes covering specific topics related to traffic and will provide the opportunity to network with other agencies and vendors.

The Traffic Signal Technician has taken on additional duties and this program will provide additional resources and training to strengthen confidence in covering those tasks.

ALTERNATIVES
Council may elect not to authorize this request; however, since this will provide further information and training, Staff does not recommend this alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer CONSENT CALENDAR ITEM NO. 5
33 CLICK HERE to Return to Agenda
34 CLICK HERE to Return to Agenda
35 CLICK HERE to Return to Agenda
36 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: September 17, 2024

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NOS. 616 AND 617 ON SECOND READING APPROVING (1) ZONE CHANGE 2017-0002 AND (2) DEVELOPMENT AGREEMENT 2021-0001, RESPECTIVELY, FOR THE TRAVERTINE PROJECT CONSISTING OF 1,200 RESIDENTIAL UNITS, 45,000 SQUARE FOOT HOTEL WITH 100 VILLAS, SPA AND WELLNESS CENTER AND OTHER COMMERCIAL AND RECREATIONAL USES; CEQA: ENVIRONMENTAL IMPACT REPORT (EA2017-0008, SCH # 2018011023) HAS BEEN PREPARED FOR THE PROPOSED PROJECT; LOCATION: SOUTH OF AVENUE 60, WEST OF MADISON STREET, AND NORTH OF AVENUE 64

RECOMMENDATION
Adopt Ordinance No. 616 approving Zone Change 2017-0002 and Ordinance No. 617 approving Development Agreement 2021-0001, on second reading.

EXECUTIVE SUMMARY
 On August 6, 2024, Council adopted resolutions approving the Travertine project (Project) as follows: 1) Resolution No. 2024-033 certifying Environmental Impact Report (EIR) (SCH #2018011023) prepared for Environmental Assessment (EA) 2017-0008; and 2) Resolution No. 2024-034 approving General Plan Amendment (GPA) 2017-0002, Specific Plan (SP) 2017-0004, and Tentative Tract Map (TTM) 2017-0008 (TTM 27387).
 On August 6, 2024, Council introduced Ordinance Nos. 616 and 617 for first reading approving Zone Change (ZC) 2017-0002 and Development Agreement (DA) 2021-0001, respectively.
 If adopted on second reading, Ordinance Nos. 616 and 617 will go into effect 30 days after adoption, or on October 18, 2024.

FISCAL IMPACT
The project proposal is projected to have a low fiscal impact because the property taxes and transient occupancy taxes generated by the project are sufficient to offset associated costs of the development.

BACKGROUND/ANALYSIS
On August 6, 2024, Council held a duly noticed public hearing to consider the Project, consisting of a mixed-use development with 1,200 residential units; a 45,000 square foot boutique hotel with 100 villas, spa and wellness center; two community parks; yoga and CONSENT CALENDAR ITEM NO. 6
37 CLICK HERE to Return to Agenda
tennis courts; a resort/golf facility with a golf academy, clubhouse, and banquet restaurant; and a public trail system with staging areas and approximately 301 acres of natural open space.

Council subsequently adopted resolutions and introduced ordinances for first reading as follows:
 Resolution No. 2024-033 making findings and approving a statement of overriding considerations pursuant to the California Environmental Quality Act (CEQA); certifying the EIR (EA 2017-0008; SCH # 2018011023); and adopting a mitigation monitoring and reporting program for the Project.
 Resolution No. 2024-034 approved:
 GPA 2017-0002 which modified the layout of existing land use designations within the Project area and revised the General Plan Roadway Classifications removing Madison Street as a General Plan roadway and realigned the Jefferson Street and Avenue 62 roadways within and north of the Project.
 SP 2017-0004 which reorganized land use, address design guidelines and development standards for the Project, and repealed and replaced the 1995 Travertine Specific Plan.
 TTM 2017-0008 (TTM 37387) which subdivided the 855 acres into 38 lots for residential and commercial development and 73 lots for common area, open space, and utilities consistent with Planning Areas and defined main roadways and infrastructure corridors.
 Ordinance No. 616, if adopted, will adopt ZC 2017-0002 amending the Zoning Map (Exhibit A to Ordinance No. 616) to ensure consistency and reflect modifications in land uses adopted via the GPA for the Project, as detailed below in Table 1 below.

Table 1: General Plan Land Use Comparison
Existing
General Plan
Proposed
General Plan
General Plan Designation Acres Acres
Low Density Residential 382.2 318.0
Medium / High Residential 84.4 60.8
Tourist Commercial 30.9 84.5
Open Space - Recreation 365.3 55.9
Open Space – Natural 12.2 301.2
Major Community Facilities 4.1 --
General Commercial 10.0 --
Master Planned Roadways 20.1 35.0
Total 909.2 855.4
38 CLICK HERE to Return to Agenda
 Ordinance No. 617, if adopted, will approve DA 2021-0001 which includes the following terms and conditions:

1. Establishes a 50-year term for the DA.

2. Vests the Project approvals (the GPA, SPA, ZC, and TTM) and requires that the applicant develop the Project pursuant to such approvals.

3. Allows for residential units within the Project to be eligible for short-term vacation rental (STVR) permits, with provisions which require the once established Homeowners Association (HOA) to be responsible for timely collection and reporting of TOT and ensuring compliance with the City’s STVR program regulations (Chapter 3.25 of the La Quinta Municipal Code). This obligation shall be included in the Project’s Covenants, Conditions & Restrictions (CC&Rs), which are required under the DA to be recorded against the Project.

4. Requires compliance with the Project design features, conditions of approval in Project approvals, and mitigation measures in the EIR.

5. Identifies several public facilities and improvements of the Project to be dedicated or conveyed to the City, including the construction of part of the Jefferson Street/Avenue 62 circulation improvements.

6. Provides for the establishment of a Community Facilities District(s), also known as Mello-Roos Districts or “CFDs,” for the project area to fund various infrastructure needs, including but not limited to, the construction of a fire station, roadway improvements, and infrastructure upgrades.

7. Includes provisions relating to transfers and assignments to subsequent developers and property owners, defaults and remedies, and mortgage/private financing ability by secured real property interests.

8. Includes a Schedule of Performance relating to a Phasing Plan for the development of the Project.

If adopted on second reading, Ordinance Nos. 616 and 617 will go into effect 30 days after adoption, or on October 18, 2024.

AGENCY AND PUBLIC REVIEW
All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approvals. 39 CLICK HERE to Return to Agenda
Public Hearing Notice
The August 6, 2024, public hearing for this Project was advertised in The Desert Sun newspaper on July 17, 2024, distributed to properties within 1,000 feet of the Site, and emailed or mailed to all interested parties requesting notification of the project.

Tribal Consultation
In accordance with SB18 and AB52, Tribal Consultation was conducted with the Agua Caliente Band of Cahuilla Indians (ACBCI) and Torres Martinez Desert Cahuilla Indians (TMDCI). Mitigation measures in the EIR address ACBCI’s and TMDCI’s concerns regarding the site.

ALTERNATIVES
As council approved these ordinances at first reading, Staff does not recommend an alternative.

Prepared by:

Approved by:

Oscar Mojica, Deputy City Clerk
Monika Radeva, City Clerk
40 CLICK HERE to Return to Agenda
ORDINANCE NO. 616

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AMENDING THE ZONING MAP

TO MODIFY THE AREA AND LOCATIONS OF THE LOW

DENSITY RESIDENTIAL, TOURIST COMMERCIAL, AND

OPEN SPACE ZONING DESIGNATIONS, REMOVE THE

MEDIUM HIGH DENSITY RESIDENTIAL,

NEIGHBORHOOD COMMERCIAL AND GOLF COURSE

ZONING DESIGNATIONS AND ADD MEDIUM DENSITY

RESIDENTIAL ZONING DESIGNATION WITHIN THE

TRAVERTINE SPECIFIC PLAN AREA
CASE NUMBER: ZONE CHANGE 2017-0002
PROJECT: TRAVERTINE
APPLICANT: TRG LAND, INC
WHEREAS, the City Council of the City of La Quinta, California did, on August 6, 2024, hold a duly noticed Public Hearing to consider a request by TRG Land, Inc. for approval of General Plan Amendment 2017-0002, Zone Change 2017-0002, Specific Plan 2017-0004, Tentative Tract Map 2017-0008 (TTM 37387) and Development Agreement 2021-0001, and specifically the Zone Change would modify the area and locations of the Low Density Residential, Tourist Commercial, and Open Space zoning designations, remove the Medium High Density Residential, Neighborhood Commercial and Golf Course zoning designations and add Medium Density Residential zoning designation to the City’s Zoning Map within the Travertine Specific Plan area more particularly described as:

Assessor Parcel Numbers (APNs):
766-110-003, 766-110-004, 766-110-007, 766-110-009; 766-120-001, 766-120-002, 766-120-003, 766-120-006, 766-120-015, 766-120-016, 766-120-018, 766-120-021, 766-120-023; 753-040-014, 753-040-016, 753-040-017; 753-050-007, 753-050-029; 753-060-003; 764-280-057, 764-280-059, 754-280-061; and WHEREAS, the General Plan Amendment, Specific Plan Amendment and Tentative Tract Map were adopted by Council Resolution No. 2024-034, and the Development Agreement is being adopted by separate ordinance in accordance with state law; and
WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on July 17, 2024, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 1,000 feet of the site and emailed or mailed to all interested parties who have requested notification relating to the project; and
41 CLICK HERE to Return to Agenda
Ordinance No. 616
Zone Change 2017-0002
Project: Travertine
Adopted: September 17, 2024

Page 2 of 4 ends

WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2024-009 recommending City Council adoption of said Zone Change at a duly noticed Public Hearing on June 25, 2024; and WHEREAS, said Zone Change has complied with the requirements of “The Rules to Implement the California Environmental Quality Act of 1970” (CEQA) as amended (Resolution 1983-68). The City prepared an Environmental Impact Report (SCH #2018011023) for Environmental Assessment 2017-0008. The City Council has adopted Resolution 2024-033 certifying the Environmental Impact Report and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with air quality, greenhouse gas emissions, and transportation, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.220.010 of the La Quinta Municipal Code to justify approval of said Zone Change [Exhibit A]:

1. The Zone Change is consistent with the goals, objectives, and policies of the General Plan, as described in the attached Exhibit B.

2. Approval of the Zone Change will not create conditions materially detrimental to the public health, safety, and general welfare because the community will be entirely self-contained and of high quality and will include homes, a resort, and associated amenities, recreational facilities (parks, trails, golf facility), and perimeter improvements and streets consistent and complementary to improvements surrounding the site.

3. The Zone Change is compatible with the zoning and land use on adjacent properties, which consists of natural areas and planned communities. The proposed plan combines these two conditions to achieve compatibility and continues the pattern of master-planned communities envisioned in the General Plan for southern areas of La Quinta.

4. The Zone Change is suitable and appropriate for the subject property because similar land uses to those currently permitted will be developed and the Zone Change includes modifications necessary to address environmental constraints.

5. Approval of the Zone Change is warranted because the configuration of uses has changed to address environmental constraints as a result of follow-up technical studies for the site as required by the original Travertine Environmental Impact Report, and consistency with the conceptual plan for the project is required.
42 CLICK HERE to Return to Agenda
Ordinance No. 616
Zone Change 2017-0002
Project: Travertine
Adopted: September 17, 2024

Page 3 of 4 ends

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to this Ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on September 17, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
43 CLICK HERE to Return to Agenda
Ordinance No. 616
Zone Change 2017-0002
Project: Travertine
Adopted: September 17, 2024

Page 4 of 4 ends

________________________
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
44 CLICK HERE to Return to Agenda
Ordinance No. 616
Zone Change 2017-0002
Project: Travertine
Adopted: September 17, 2024

EXISTING ZONING DESIGNATIONS

EXHIBIT A
45 CLICK HERE to Return to Agenda

PROPOSED ZONING DESIGNATIONS
46 CLICK HERE to Return to Agenda
Ordinance No. 616 EXHIBIT B
Zone Change 2017-0002
Project: Travertine
Adopted: September 17, 2024
General Plan Consistency:

Land Use
•GOAL LU-1
Land use compatibility throughout the City.

Consistency Analysis: The Travertine Specific Plan provides diverse and high-quality housing, tourist commercial, resort and spa, skills golf course with club facilities, and park and recreation opportunities that meet the needs of its residents and bring tourism to the City. The Travertine Specific Plan establishes and maintains connections between existing neighborhoods and the Specific Plan neighborhoods. •GOAL LU-2
High quality design that complements and enhances the City.

Consistency Analysis: The Travertine Specific Plan provides many high-quality design elements that will ensure the following: a wide array of residential housing; integrates recreational uses; provides tourist commercial uses, preserves open space, and protects scenic views.
•GOAL LU-3
Safe and identifiable neighborhoods that provide a sense of place.

Consistency Analysis: The Travertine Specific Plan incorporates design guidelines that will ensure high quality architecture and landscaping. The residential enclaves will be cohesive in design and character and recreational facilities will be consistent with their surrounding neighborhood. The master-planned community of Travertine is designed to complement the surrounding development in the area, incorporating residential, tourist commercial, open space, and park areas into a cohesive plan complementary to uses in the vicinity of the project. This Specific Plan is designed such that compatible land uses, open space areas, landscaped manufactured slopes, and elevation changes serve as buffers between the planned Travertine community and surrounding open space land uses.
•GOAL LU-5
A broad range of housing types and choices for all residents of the City.

Consistency Analysis: The Travertine Specific Plan provides a mix of housing types that include medium, and low-density housing types, designed with enhanced architecture and landscaping, and access to pedestrian walkways, providing a walkable community for the residents.
47 CLICK HERE to Return to Agenda
Circulation
•GOAL CIR-2
A circulation system that promotes and enhances transit, alternative vehicle, bicycle, and pedestrian systems.

Consistency Analysis: The Specific Plan provides a master planned roadway system with a network of bicycle/pedestrian pathways designed to meet the needs of residents, safely and efficiently transport people and goods, and accommodate the projected residential growth within the community.

Livable Community
•GOAL SC-1
A community that provides the best possible quality of life for all its residents.

Consistency Analysis: The Travertine Specific Plan provides a master planned community that includes over 357 acres of open space (including natural, passive and active areas) which is served by a network of pedestrian, bike and hiking trails, will connect residents and visitors to amenities to meet both active and passive needs. Residents will also have two community parks as well as localized pocket parks within neighborhoods. Visitors and residents will have access to a golf academy, and resort/ spa facilities. Residences will be designed in conformance with high architectural standards. CEC Energy Efficient Standards (CBC Title 24) will be required for all residential and non-residential uses. Solar systems, both passive and active will take advantage of the year-round abundant sunshine. Green Building technology will be promoted to improve resource efficiency in the residential and tourist serving commercial uses.

Economic Development
• GOAL ED-1
A balanced and varied economic base which provides the City a fiscal stability to the City, and a broad range of goods and services to its residents and the region.

Consistency Analysis: The Travertine Specific Plan includes tourist commercial uses that will accommodate and attract residents of the city and visitors, offer new employment opportunities, and contribute to a strong and diversified economic base. The project developer will pay its reasonable fair-share of impact fees and improvement costs to fund the infrastructure improvements and other public facilities necessary to service the planned development
• GOAL ED-2
The continued growth of the tourism and Resort/Spa industries in the City. 48 CLICK HERE to Return to Agenda
Consistency Analysis: The Travertine Specific Plan allows for resident and tourist commercial uses that complement and support one another and will help maintain a strong sales and property tax base. The tourist commercial components of the Specific Plan will promote transient occupancy tax, retail, restaurants, and other support uses in a pedestrian-friendly environment which will enhance the fiscal growth potential and real estate values of the City and the Travertine community.

Parks, Recreation and Trails
• GOAL PR-1
A comprehensive system of parks and recreation facilities and services that meet the active and passive needs of all residents and visitors.

Consistency Analysis: The Travertine Specific Plan will provide many recreational opportunities, including: two community parks (totaling approximately 13 acres), 6 miles of walkable trails that circumnavigate the community and an additional 5 miles of trails interior to the project providing for a walkable community for the residents. Residential development areas will also have additional localized pocket park areas within the neighborhoods. On-street bike lanes will make it convenient to ride around the project for exercise and local transportation. A Class II bikeway will be constructed on the Jefferson Street/Avenue 62 as well as the Loop Streets for the use and enjoyment of La Quinta residents. These amenities will also provide access to the project’s, 55.9 acres of recreational open space, and 301 acres of natural open space (including the 152 acres of habitat preservation), as well as the resort/ spa and the golf academy.

Housing
• GOAL H-1
Provide housing opportunities that meet the diverse needs of the City’s existing and projected population.

Consistency Analysis: The Specific Plan is designed to provide a range of housing types and densities at varying price points that will help meet the anticipated demand for housing within different economic segments of the City. • GOAL H-5
Provide equal housing opportunities for all persons.

Consistency Analysis: The Specific Plan developer will encourage the enforcement of laws and regulations prohibiting discrimination in lending practices and in the for-sale or rental housing.
49 CLICK HERE to Return to Agenda
Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials.

Consistency Analysis: The Travertine Specific Plan incorporates sustainable design strategies that promote energy and water conservation measures. The project is designed to control water runoff and avoid contamination of water resources. All HOA maintained landscaped areas will be designed in a water-efficient manner and drought tolerant plants will be used throughout the individual neighborhoods, the resort/spa and golf course. Title 24 compliance is required for all construction.

Air Quality
• GOAL AQ-1
A reduction of air emissions generated within the City.

Consistency Analysis: The Travertine Specific Plan will expand routes for golf carts and neighborhood electric vehicles, and plan for accessing and recharging facilities at the resort/spa and the golf academy facility. The plan provides an extensive pedestrian and bicycle network of paths, approximately 11 miles of such trails in addition to the on-street bike lanes that will be provided, to allow safe and convenient access to recreational and community facilities. Proposed development air quality emissions and greenhouse gas emissions shall be analyzed under CEQA and adhere to the City’s GHG Reduction Plan.

All construction activities will minimize emission of all air quality pollutants, grading activities shall adhere to established fugitive dust criteria. The project will implement the air quality mitigation measures as identified in the project EIR.

Energy and Mineral Resources
• GOAL EM-2
The conservation and thoughtful management of local mineral deposits to assure the long-term viability of limited resources.

Consistency Analysis: The Travertine Specific Plan will preserve any local mineral resources identified by the Department of Mines and Geology and to the greatest extent possible designate those undeveloped lands as Open Space. The project will implement mineral deposit resource mitigation measures as identified in the project EIR if necessary.

Biological Resources
• GOAL BIO-1
The protection and preservation of native and environmentally significant biological resources and their habitats.

Consistency Analysis: The project has designated 152 acres of protected habitat area along the southern, western, and eastern boundaries of the site. This preserve area will • GOAL H-6
50 CLICK HERE to Return to Agenda
protect known biological resources, including the important habitat for the Bighorn Sheep.

The project will implement biological resource mitigation measures as identified in the project EIR. The designated habitat area also includes areas of cultural resources to be protected.

Cultural Resources
• GOAL CUL-1
The protection of significant archaeological, historic, and paleontological resources occur in the City.

Consistency Analysis: The Travertine Specific Plan will preserve any significant archaeological and historic resources to the greatest extent possible. The project has been redesigned to preserve all nine cultural resources identified that are within or intersect the project. The project will implement mitigation measures as identified in the project EIR.

Water Resources
• GOAL WR-1
Support the Coachella Valley Water District in its efforts to supply adequate domestic water to residents and businesses.

Consistency Analysis: The project will utilize drought tolerant landscaping on all HOA maintained slopes and parkways. The resort/wellness center and the golf academy and its facilities will predominately use water wise landscaping and judicially reduce the use of turf in the golf skills course area.

Open Space and Conservation
• GOAL OS-1
Preservation, conservation and management of the City’s open space lands and scenic resources for enhanced recreation, environmental and economic purposes.

Consistency Analysis: The Travertine plan preserves 301 acres for habitat and natural preservation purposes. The vistas of the Santa Rosa Mountains, Coral Mountain and other scenic resources will not be disrupted.

Noise
• GOAL N-1
A healthful noise environment which complements the City’s residential and Resort/Spa character.

Consistency Analysis: The project complements the City’s residential and Resort/Spa character. The project EIR addresses the potential impacts of noise associated with the 51 CLICK HERE to Return to Agenda
proposed development. The Specific Plan will incorporate appropriate design measures and adhere to all applicable restrictions and requirements identified in the EIR to ensure that the potential impacts are mitigated to below a level of significance Soils and Geology
• GOAL GEO-1
Protection of the residents’ health and safety, and of their property, from geologic and seismic hazards.

Consistency Analysis: The project EIR addresses the potential impacts of natural hazards associated with the proposed development. The Specific Plan will incorporate appropriate design measures and adhere to all applicable restrictions and requirements identified in the EIR to ensure that the potential impacts are mitigated to below a level of significance.

Flooding and Hydrology
• GOAL FH-1
Protection of the health and safety, and welfare of the community from flooding and hydrological hazards.

Consistency Analysis: The Specific Plan includes preservation and avoidance of the larger areas related to the identified Middle North and Middle South storm flows to address flooding concerns. Additionally, development has been sufficiently set back from the natural water courses to assure adequate protection of life, property, and habitat values. A reinforced flood protection barrier along the western and southern edge of development will provide flood protection for flows from the adjacent open space and directing the flows to downstream off-site areas along Dike No. 4 and the Guadalupe Dike thereby protecting the project from off-site flows.

Hazardous Materials
• GOAL HAZ-1
Protection of residents from the potential impacts of hazardous and toxic materials.

Consistency Analysis: Development of the project will be evaluated in the EIR and the project will implement all measures identified in the project EIR to protect the residents’ safety from potential impacts from hazardous and toxic material.

Emergency Services
• GOAL ES-1
An effective and comprehensive response to all emergency service needs. 52 CLICK HERE to Return to Agenda
Consistency Analysis: Fire protection and emergency response services to the Specific Plan Area will be provided by the City and County. The service levels of fire and police protection needed to adequately serve the Travertine community will be identified and addressed in the Environmental Impact Report being prepared in conjunction with this Specific Plan. Although Madison Street, south of Avenue 60, would be removed as a public right of way, it will be improved as an emergency vehicle accessway (EVA) for access into the Travertine community. During the phased construction of the community, interim solutions have been identified and will be implemented to ensure required access for fire and emergency services will be available at all times.

Water Sewer & Other Utilities
• GOAL UTL-1
Domestic water facilities and services which adequately serve the existing and long-term needs of the City.

Consistency Analysis: The domestic water needs will be provided by Coachella Valley Water District. The water assessment analysis for the Travertine community will be addressed in the Environmental Impact Report being prepared in conjunction with this Specific Plan.
• GOAL UTL-2
Sanitary sewer facilities and services which adequately serve the existing and long-term needs of the City.

Consistency Analysis: The sewer needs and facilities will be provided by Coachella Valley Water District. The sewer services assessment analysis for the Travertine community will be addressed in the Environmental Impact Report being prepared in conjunction with this Specific Plan.
53 CLICK HERE to Return to Agenda

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 616 which was introduced at a regular meeting on the 6th day of August 2024, and was adopted at a regular meeting held on the 17th day of September 2024, not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by Council Resolution No. 2022-27.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the 18th day of September, 2024, pursuant to Council Resolution No. 2022-027.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
54 CLICK HERE to Return to Agenda
ORDINANCE NO. 617

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA

QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND

TRAVERTINE CORPORATION LLC RELATING TO THE

TRAVERTINE PROJECT AND FINDING THAT THE PROJECT IS

CONSISTENT WITH ENVIRONMENTAL ASSESSMENT
2017-0008
CASE NUMBER:

DEVELOPMENT AGREEMENT 2021-0001
PROJECT: TRAVERTINE
APPLICANT: TRAVERTINE CORPORATION
WHEREAS, the City Council of the City of La Quinta, California did, on August 6, 2024, hold a duly noticed Public Hearing to consider a request by TRG Land, Inc. for approval of General Plan Amendment 2017-0002, Zone Change 2017-0002, Specific Plan 2017-0004, Tentative Tract Map 2017-0008 (TTM 37387) and Development Agreement 2021-0001, for the Travertine project, master-planned community on 855 acres located south of Avenue 60, north of Avenue 64, and west of Madison Street, more particularly described as:

Assessor Parcel Numbers (APNs):
766-110-003, 766-110-004, 766-110-007, 766-110-009; 766-120-001, 766-120-002, 766-120-003, 766-120-006, 766-120-015, 766-120-016, 766-120-018, 766-120-021, 766-120-023; 753-040-014, 753-040-016, 753-040-017; 753-050-007, 753-050-029; 753-060-003; 764-280-057, 764-280-059, 754-280-061; and WHEREAS, the General Plan Amendment, Specific Plan Amendment and Tentative Tract Map were adopted by Council Resolution No. 2024-034, and the Zone Change is being adopted by separate ordinance in accordance with state law; and WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and
WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on July 17, 2024 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 1,000 feet of the site, and emailed or mailed to all interested parties who have requested notification relating to the project; and
55 CLICK HERE to Return to Agenda
Ordinance No. 617
Development Agreement 2021-0001
Project: Travertine
Adopted: September 17, 2024

Page 2 of 4 ends

WHEREAS, the Planning Commission of the City of La Quinta, California did adopt Planning Commission Resolution 2024-009 recommending City Council approval of the Development Agreement at a duly noticed Public Hearing on June 25, 2024; and WHEREAS, said Development Agreement has complied with the requirements of “The Rules to Implement the California Environmental Quality Act of 1970” (CEQA) as amended (Resolution 1983-68). The City prepared an Environmental Impact Report (SCH #2018011023) for Environmental Assessment 2017-0008. The City Council has adopted Resolution 2024-033 certifying the Environmental Impact Report and making Findings to determine that the benefits of the proposed project outweigh the significant impacts associated with air quality, greenhouse gas emissions, and transportation, and adopted a Statement of Overriding Considerations as Exhibit A of said Resolution, detailing the findings in support of this determination; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.250.020 of the La Quinta Municipal Code to justify approval of said Development Agreement, included to this Ordinance as Exhibit A, and incorporated herewith by this reference:

1. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and the proposed Specific Plan.

2. The Development Agreement is compatible with the uses authorized in and the regulations prescribed in the proposed Specific Plan and implements the Specific Plan’s design features.

3. The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices because it will provide for public facilities and improvements that will benefit the project and the surrounding area.

4. The Development Agreement will not be detrimental to the health, safety, and general welfare, as it provides for the long-term orderly development of a master planned community.

5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values insofar as it will ensure that development occurring on the site will assure high quality development and generate revenues.

6. The Development Agreement will have a positive fiscal impact on the city by providing residences which will generate property tax revenue and by allowing Tourist Commercial uses and short-term vacation rentals which will generate Transient Occupancy Tax and Sales Tax revenues.
56 CLICK HERE to Return to Agenda
Ordinance No. 617
Development Agreement 2021-0001
Project: Travertine
Adopted: September 17, 2024

Page 3 of 4 ends

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case, and that the City Council hereby approves and incorporates herein by this reference Development Agreement 2021-0001 by the adoption of this Ordinance and authorizes the City Manager to execute the same in substantially the form presented to the City Council with the adoption of this Ordinance.

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 4. CORRECTIVE AMENDMENTS: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to this Ordinance to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on September 17, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
57 CLICK HERE to Return to Agenda
Ordinance No. 617
Development Agreement 2021-0001
Project: Travertine
Adopted: September 17, 2024

Page 4 of 4 ends

________________________
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
58 CLICK HERE to Return to Agenda
62779493.v7

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: City Clerk
WITH A CONFORMED COPY TO:

Travertine Corporation
c/o Hofmann Land Development Company, LLC
3000 Oak Rd, Suite 600
Walnut Creek, CA 94597
Attn: Lou Miramontes
Exempt Recording Requested
Per Govt. Code 6103
______________________________________________________________________________ (Space Above This Line for Recorder’s Use)

TRAVERTINE

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF LA QUINTA
and

TRAVERTINE CORPORATION
Ordinance No. 617
Development Agreement 2021-0001
Project: Travertine
Adopted: September 17, 2024

EXHIBIT A
59 CLICK HERE to Return to Agenda

TABLE OF CONTENTS
Page
i
62779493.v7

1. DEFINITIONS AND EXHIBITS...................................................................................... 3

1.1 Definitions.............................................................................................................. 3

1.2 Exhibits. ............................................................................................................... 11

2. MUTUAL BENEFITS AND ASSURANCES. ............................................................... 11

2.1 Purposes of Agreement........................................................................................ 11

2.2 Undertakings and Assurances Contemplated and Promoted by Development Agreement Act. ............................................................................. 12

3. OWNER’S OBLIGATIONS; FINANCING DISTRICTS; PUBLIC FACILITIES. ...... 13

3.1 In General............................................................................................................. 13

3.2 Financing District and Parameters. ...................................................................... 13

3.3 Dedication, Construction and Conveyance of Public Facilities........................... 14

3.4 Provision of Real Property Interests by CITY..................................................... 14

3.5 Fees and Payments............................................................................................... 15

3.6 Reimbursement of Costs...................................................................................... 15

3.7 Additional Facilities Financed by the Financing District. ................................... 15

3.8 Notice to CITY of Product Sales Release............................................................ 15

3.9 Employment of La Quinta Residents and the Hiring of Local Businesses.......... 15

4. REGULATIONS GOVERNING THE DEVELOPMENT OF THE PROPERTY. ........ 16

4.1 Applicable Rules.................................................................................................. 16

4.2 Development of the Project, Planned Development............................................ 19

4.3 Limitations, Reservations and Exceptions........................................................... 20

4.4 Further Assurances to OWNER Regarding Exercise of Reservations of Authority.............................................................................................................. 22

4.5 Regulation by other Public Agencies................................................................... 23

5. PERIODIC REVIEWS. ................................................................................................... 23

5.1 Annual Review..................................................................................................... 23

5.2 Standards for Annual Review. ............................................................................. 23

5.3 Certificate of Compliance. ................................................................................... 23

6. SHORT-TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES. ....... 23

6.1 Definition. ............................................................................................................ 24

6.2 Short-Term Vacation Rental Use......................................................................... 24 60 CLICK HERE to Return to Agenda
ii
62779493.v7

6.3 Provisions of the La Quinta Municipal Code. ..................................................... 25

6.4 Covenants, Conditions and Restrictions. ............................................................. 25

7. TRANSFERS AND ASSIGNMENTS; TERMINATION UPON LOT SALE............... 26

7.1 Transfer and Assignments of Rights and Interests. ............................................. 26

7.2 Termination of Agreement Upon Sale of Lots to Public. .................................... 28

8. TERM OF AGREEMENT............................................................................................... 29

8.1 Term..................................................................................................................... 29

8.2 Rights and Duties Following Termination........................................................... 29

9. AMENDMENT OR MODIFICATION TO THIS AGREEMENT................................. 30

10. PROCESSING OF REQUESTS AND APPLICATIONS............................................... 31

11. DEFAULT, REMEDIES AND ESTOPPEL CERTIFICATES. ..................................... 31

11.1 Remedies in General. ........................................................................................... 31

11.2 Termination of Agreement for Default by OWNER. .......................................... 32

11.3 Termination of Agreement for Default by CITY................................................. 32

11.4 Termination by OWNER Prior to Bond Sale. ..................................................... 32

11.5 Specific Performance. .......................................................................................... 33

11.6 Appointment of Referee....................................................................................... 34

11.7 Estoppel Certificates. ........................................................................................... 34

12. THIRD PARTY LITIGATION. ...................................................................................... 35

12.1 Indemnification. ................................................................................................... 35

12.2 Option to Terminate............................................................................................. 35

12.3 Defense of Third-Party Claims. ........................................................................... 36

12.4 Cooperation and Cost Control. ............................................................................ 36

12.5 No Recourse for Inability to Perform Due to Judicial Determinations. .............. 37

13. EFFECT OF AGREEMENT ON TITLE. ....................................................................... 37

13.1 Covenants Run With the Land............................................................................. 37

13.2 No Dedication or Lien. ........................................................................................ 38

13.3 Constructive Notice and Acceptance. .................................................................. 38

14. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.................................. 38

14.1 Mortgagee Protection........................................................................................... 38

14.2 Mortgagee Not Obligated. ................................................................................... 38

14.3 Notice of Default to Mortgagee; Right of Mortgagee to Cure............................. 39

14.4 Bankruptcy........................................................................................................... 39 61 CLICK HERE to Return to Agenda
iii
62779493.v7

15. MISCELLANEOUS PROVISIONS................................................................................ 39

15.1 Recordation of Agreement................................................................................... 39

15.2 Severability. ......................................................................................................... 39

15.3 Governing Law; Venue........................................................................................ 39

15.4 Section Headings. ................................................................................................ 40

15.5 Singular and Plural............................................................................................... 40

15.6 Time of Essence................................................................................................... 40

15.7 Waiver.................................................................................................................. 40

15.8 Force Majeure. ..................................................................................................... 40

15.9 Attorneys’ Fees. ................................................................................................... 40

15.10 Mutual Covenants. ............................................................................................... 41

15.11 Conveyances. ....................................................................................................... 41

15.12 Relationship of Parties. ........................................................................................ 41

15.13 Notices. ................................................................................................................ 41

15.14 Further Actions and Instruments.......................................................................... 42

15.15 Successors and Assigns........................................................................................ 42

15.16 Counterparts......................................................................................................... 42

15.17 Authority to Execute............................................................................................ 43

15.18 Entire Agreement................................................................................................. 43 62 CLICK HERE to Return to Agenda
1 62779493.v7

DEVELOPMENT AGREEMENT
(Govt. Code Sections 65864-65869.5)
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into this 17th day of September, 2024, by and between the City of La Quinta, a California municipal corporation and charter city organized under the Constitution of the State of California (“CITY”), and Travertine Corporation, LLC, a Minnesota company (“OWNER”). CITY and OWNER are collectively referred to herein as the “Parties” and individually as a “Party.”

RECITALS
This Agreement is entered into based upon the following facts:

A. When used in these Recitals, each of the terms defined in Section 1 of this Agreement shall have the meaning given to it therein.

B. Government Code Sections 65864-65869.5 (“Development Agreement Act”) authorize CITY to enter into binding development agreements with persons having legal or equitable interests in real property within its jurisdiction for the development of such real property, in order to, among other things: encourage and, provide for the development of public facilities in connection with the development of new housing; provide certainty in the approval of development projects; encourage investment in and commitment to comprehensive planning that will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to developers that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to their conditions of approval; and strengthen the public planning process and encourage private participation in comprehensive planning and reduce the economic costs of development.

C. Pursuant to Section 65865 of the Government Code, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.020, as may be amended from time to time) establishing procedures and requirements for such development agreements (“Development Agreement Ordinance”).

D. OWNER is the holder of a legal interest in that certain undeveloped land as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”) and shown on the depiction of the Property in the site map attached hereto and incorporated herein by this reference as Exhibit B (“Site Map”); and desires and intends to develop the Property for the uses and purposes set forth in the Development Plan, generally consisting of a planned community of residential, hospitality, open space, recreational amenities and other resident and visitor serving uses comprised generally of approximately 855 acres, up to 1,200 dwelling units, a 100 room resort and wellness spa, golf and associated recreational and commercial elements, private recreational areas in subdivided areas of the Project, approximately

55.9 acres of recreational open space, and approximately 301.2 acres of natural and preserved open space (collectively, the “Project”). The Project is more fully described in, and subject to (i) this Agreement, (ii) the Travertine Specific Plan, also known as Specific Plan No. SP2017-0004 (“Specific Plan”); (iii) the Environmental Impact Report prepared for the Project, considered and certified by the City Council and the Mitigation, Monitoring and Reporting Program adopted by the City Council on August 6, 2024, by City Council Resolution No. 2024-033 (“EIR”); (iv) General Plan Amendment No. GPA 2017- 0002 (“General Plan Amendment” or “GPA”); (v) Zone Change No. ZC 2017-0002 (“Zone Change”); (vi) Tentative Tract Map No. TTM 2017-0008 (“Tentative Tract Map” or “TTM,” and, collectively, the foregoing clauses (i)-(vi) and any and all conditions of approval attached thereto are referred to herein as the “Project Site Development Permits”); and (vii) any Subsequent Development Approvals issued for the Project; (viii) any future subdivision maps approved for the Project (collectively, the “Future Tract Maps”); and (ix) 63 CLICK HERE to Return to Agenda
2 62779493.v7
the conditions of approval associated with each and all of the foregoing approvals in clauses (i)- (viii) (collectively, referred to herein as “Conditions of Approval”). The documents, permits, approvals, and conditions described in the foregoing clauses (i)-(ix) are collectively referred to herein as the “Project Approvals,” and are, or when approved or issued shall be, on file with the City Clerk. The Development of the Property requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities, both on-site and off-site, of sufficient capacity to serve the residents and others using the Property as anticipated by the General Plan, the Specific Plan and this Agreement.

E. OWNER owns fee simple title to the Property, and by their execution of this Agreement, CITY and OWNER consent to recordation of this Agreement against the Property.

F. Consistent with Section 9.250.020 of the La Quinta Municipal Code, CITY and OWNER desire to enter into a binding agreement that shall be construed as a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for, and will secure the orderly development of, the Property, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Property, and assure attainment of the maximum effective utilization of resources within the CITY, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to CITY, OWNER desires to receive the assurance that it may proceed with Development of the Property in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein.

G. In anticipation of the Development of the Property, OWNER has made application to CITY for certain approvals, entitlements, findings and permits required for the Development Plan, including as noted above in Recital D above, an amendment to CITY’s general plan in effect prior to the date of this Agreement, a specific plan, zone change, a vesting tentative tract map, and this Agreement.

H. In accordance with State law and CITY charter, CITY has approved the amendment to and adopted the General Plan which considers and provides for the need for residential, commercial, industrial and other uses, and provides for the public services and circulation facilities that are necessary to meet the future needs of CITY and its population.

I. CITY has approved the Project and granted the Project Site Development Permits in order to protect the interests of City’s existing and anticipated citizens and the quality of their community and environment through the specific plan process. As part of the process of approving the Project and the Project Site Development Permits, CITY has undertaken, pursuant to the California Environmental Quality Act (“CEQA”), the required analyses of the environmental effects which may be caused by the Project and the Existing Development Approvals, and after making all appropriate findings and adopting a Statement of Overriding Considerations, certified a Final Environmental Impact Report for the Project.

J. As consideration for the assurances provided by this Agreement, CITY has requested that OWNER provide, and OWNER is willing to provide, various public benefits as described in Exhibit D of this Agreement. The public benefits set forth in Exhibit D include, but are not limited to, certain additional fee contributions and construction of certain public facilities that will benefit residents of CITY as well as future residents of the Property. CITY has determined that the public benefits for which OWNER is obligated, together with the Project Approvals approved and imposed by CITY on the Project, adequately provide for the health, safety, and welfare needs of the future residents of the Property subject to the provisions of this Agreement with respect to future monitoring programs.
64 CLICK HERE to Return to Agenda
3 62779493.v7
K. On May 28, 2024, and continued to June 25, 2024, pursuant to the requirements of the Development Agreement Act and City’s Development Agreement Ordinance, the CITY’s Planning Commission conducted a duly noticed public hearing on OWNER’s application for this Agreement.

L On August 6, 2024, pursuant to the requirements of the Development Agreement Act and City’s Development Agreement Ordinance, the City Council of CITY conducted a duly noticed public hearing on OWNER’s application for this Agreement.

M. The City Council of CITY has found and determined that this Agreement: (l) is consistent with CITY’s General Plan and the Specific Plan; (2) is in the best interests of the health, safety and general welfare of CITY, its residents and the public; (3) is entered into pursuant to and constitutes a present exercise of the police power by CITY; and (4) is entered into pursuant to and in compliance with the requirements of the Development Agreement Act and City’s Development Agreement Ordinance.

N. All actions taken by CITY have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.

O. In accordance with the Development Agreement Act and City’s Development Agreement Ordinance, the City Council has adopted Ordinance No. 617, finding this Agreement consistent with the General Plan and the Specific Plan and authorizing the execution of this Agreement, and such ordinance shall become effective on October 17, 2024.

P. The Parties desire to enter this Agreement regarding the development and use of the Property and intend that this Agreement be considered a Development Agreement as authorized by the Development Agreement Act.

AGREEMENT
NOW, THEREFORE, based upon the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions.

In addition to capitalized words and phrases elsewhere in this Agreement, the following capitalized words and phrases when used in this Agreement and the Exhibits attached hereto shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement and all amendments and modifications thereto between CITY and OWNER.

1.1.2 “Annual Review” means the annual review required pursuant to Section 5 below.

1.1.3 “Applicable Rules” means the rules, regulations, resolutions, ordinances, design, improvement, and construction standards and specifications, and officially adopted policies of the City of La Quinta in full force and effect as of the Effective Date of this Agreement implementing the Existing Land Use Regulations, including the City’s General Plan (and General Plan Amendment), Zoning Ordinance (as amended by the Zone Change), and the 65 CLICK HERE to Return to Agenda
4 62779493.v7
Specific Plan. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the Project plans are being processed for approval and/or under construction specified in Section 4.1 of this Agreement.

1.1.4 “Assignment and Assumption Agreement” means an agreement under which an assignment of OWNER’s rights and obligations under this Agreement are transferred to another person or entity as specified in Section 7.

1.1.5 “Bonds” means the bonds, notes or other evidence of indebtedness issued by or for the Financing District.

1.1.6 “Building and Improvement Standards” means regulations of CITY that are of general application and which establish regulations and standards for the building, construction and installation of structures and associated improvements such as and including, without limitation, CITY’s building, plumbing, mechanical, electrical, grading, swimming pool, sign and fire codes.

1.1.7 “CC&Rs” means the Declaration of Conditions, Covenants, and Restrictions described in Section 4.2 below.

1.1.8 “CEQA” means the California Environmental Quality Act, Sections 21000 through 21178 of the Public Resources Code, and the State CEQA Guidelines developed by the Office of Planning and Research and promulgated thereto (as may be amended from time to time).

1.1.9 “CFD” means a community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq. as may be amended from time to time).

1.1.10 “CFD Policy” means the Policy for Formation of Land Based Financing Districts adopted by the City (as may be amended from time to time), except to the extent any provision in any amendment to the CFD Policy directly conflicts with the rights vested under this Agreement to form and administer a CFD(s).

1.1.11 “CITY” and “City” means the geographical area within the boundaries of the City of La Quinta, a Charter law city and municipal corporation incorporated under the laws of the State of California, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. Unless otherwise specified herein or required by applicable law, any approval by City means an approval by the City Manager.

1.1.12 “City Attorney” means the City Attorney of CITY.

1.1.13 “City Clerk” means the City Clerk of CITY.

1.1.14 “City Council” means the City Council of CITY.

1.1.15 “City Manager” means the City Manager (or authorized designee) of CITY.

1.1.16 “Conditions of Approval” shall have the meaning set forth in Recital D of this Agreement. The Conditions of Approval include the Conditions of Approval for Project Site Development Permits.
66 CLICK HERE to Return to Agenda
5 62779493.v7

1.1.17 “Conditions of Approval for Project Site Development Permits” means the conditions of approval attached to the Project Site Development Permits as described in Recital D.

1.1.18 “CVWD” means the Coachella Valley Water District, a public water agency, formed and operating pursuant to State law.

1.1.19 “Davis-Stirling Act” means the Davis-Stirling Common Interest Development Act in California Civil Code Section 4000 et seq. (as may be amended from time to time).

1.1.20 “Developer” has the same meaning as OWNER as defined in this Agreement.

1.1.21 “Development” means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including without limitation: grading and construction of infrastructure and Public Facilities related to the Project (whether located within or outside the Property); construction of structures and buildings; and installation of landscaping. “Development” shall not include the maintenance, repair, reconstruction or redevelopment of any structures, improvements or facilities after completion of the initial construction thereof.

1.1.22 “Development Agreement Act” means Sections 65864 through 65869.5 of the California Government Code (as may be amended from time to time).

1.1.23 “Development Agreement Ordinance” shall have the meaning set forth in Recital C of this Agreement.

1.1.24 “Development Approval(s)” means, in general, site specific plans, maps, permits and other entitlements, whether discretionarily or ministerially issued, by the City for the use of and in connection with development and use of any real property located within the City, including but not limited to: specific plans, zone changes, general plan amendments, environmental impact report certifications or other environmental review determination, tentative and final subdivision tract maps, vesting tentative maps, conditional use permits, and grading, building, occupancy, and other similar permits.

1.1.25 “Development Exactions” means the requirements of CITY in connection with or pursuant to any Land Use Regulations or Development Approvals for the dedication of land or property for public use, the payment of fees or money in-lieu of such a dedication, or the construction or improvement of public facilities in order to lessen, offset, mitigate or compensate for the adverse impacts of the Project on environmental or other public concerns or interests or for the improvement, construction or acquisition of any public infrastructure, facilities or property. The term shall not include Processing Fees, Impact Fees, or assessments and taxes.

1.1.26 “Development Impact Fees” means any and all fees imposed and authorized pursuant to the Mitigation Fee Act, Section 66000 et seq. of the California Government Code, and any and all CITY ordinances, resolutions, and policies implementing the same, including but not limited to the La Quinta Municipal Code (all as may be amended from time to time).

1.1.27 “Development Plan” means the Specific Plan.
67 CLICK HERE to Return to Agenda
6 62779493.v7

1.1.28 “Discretionary Action” means an action which allows for the exercise of judgment, deliberation or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, to shape the project by requiring modifications which could respond to any of the concerns which might be identified by environmental review in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances, regulations, or other fixed standards and the agency has no discretionary authority to deny or shape the project.

1.1.29 “Discretionary Permits” means any permits, approvals, plans, Future Tract Maps, inspections, certificates, documents, and licenses that require a Discretionary Action, including, without limitation, site development permits, grading permits, stockpile permits, and encroachment permits.

1.1.30 “Economic Expectations” means the reasonable, investmentbased economic expectations with respect to the completion of the Project in accordance with the Applicable Rules and Project Site Development Permits, taking into consideration technical, financing, market and other factors.

1.1.31 “Effective Date” means the date that this Agreement is recorded in the Official Records of Riverside County, California.

1.1.32 “EIR” means the Final Environmental Impact Report prepared for the Travertine Specific Plan, State Clearinghouse Number 2018011023 certified by City Council Resolution No. 2024-033 on August 6, 2024.

1.1.33 “Estoppel Certificate” means the certificate provided at the request of either Party as further defined and described in Section 11.7.

1.1.34 “Existing Development Approvals” means those certain Development Approvals defined as the Project Site Development Permits but excluding this Agreement (i.e., clauses (ii) through (vi) in Recital D of this Agreement), which are applicable to the Property in effect on the Effective Date, listed as the “Existing Development Approvals” that are included as a part of the Existing Land Use Regulations listed on Exhibit C.

1.1.35 “Existing Land Use Regulations” means the Land Use Regulations in effect on the Effective Date of this Agreement, including: (a) the permitted uses of the Property, (b) the density and intensity of use, maximum height and setback requirements of proposed buildings, (c) provisions for the reservation and dedication of land for public purposes, (d) traffic study guidelines, (e) requirements for Development Exactions (excepting those subject to the City’s Reserved Powers and Reservation of Authority), and (f) standards regarding buildings and improvements, a list of which is set forth on Exhibit C. A digital archive or binder containing the Existing Land Use Regulations in effect on the Effective Date shall be available to each Party on the Vesting Date and thenafter maintained by each Party for future reference.

1.1.36 “Financing District” or “District” means one or more CFDs, authorized pursuant to State law and approved by the City Council pursuant thereto, for purposes of financing and/or acquiring one or more public improvements, public facilities, public services or public facilities fees within the CITY.

1.1.37 “Future Tract Maps” shall have the meaning set forth in Recital D of this Agreement.
68 CLICK HERE to Return to Agenda
7 62779493.v7

1.1.38 “General Plan” means the General Plan of CITY as said General Plan exists on the Effective Date of this Agreement (which includes the General Plan Amendment.

1.1.39 “General Plan Amendment” or “GPA” shall have the meaning set forth in Recital D of this Agreement.

1.1.40 “Impact Fees” means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed by the City on and in connection with new development, including Development Impact Fees and Quimby Fees.

Notwithstanding anything herein to the contrary, none of the following shall constitute Impact Fees: (i) Processing Fees, (ii) impact fees, linkage fees, exactions, assessments or fairshare charges or other similar fees or charges imposed by other governmental entities and which City is required to collect or assess pursuant to applicable law, including, without limitation, school district impact fees pursuant to Government Code Section 65995, fees required pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan, and the Transportation Uniform Mitigation Fee, or (c) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed as an impact fee on new development.

1.1.41 “Insubstantial Modification” shall have the meaning set forth in Section 9(a) of this Agreement.

1.1.42 “Land Use Regulations” means, in general, any regulations or policies of CITY governing the permitted uses of land, density and intensity of use and the design, improvement, and construction standards and specifications applicable to the development and use of any real property located within the City, including, but not limited to, City’s General Plan, Zoning Ordinance, Development Approvals, Development Exactions and all other ordinances, resolutions, rules and regulations adopted or utilized by CITY for the processing of development projects. The term Land Use Regulations does not include, however, regulations relating to the conduct of business, professions and occupations generally; taxes and assessments; regulations for the control and abatement of nuisances; encroachment and other permits and the conveyances of rights and interests that provide for the use of or entry upon public property; and, any exercise of the power of eminent domain.

1.1.43 “Ministerial Permits and Approvals” means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by CITY in order for OWNER to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, foundation permits, and other similar permits and approvals which are required by the La Quinta Municipal Code and Project plans and other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions or Discretionary Permits.

1.1.44 “Mitigation Measures” means the mitigation measures described in the EIR and in the Mitigation Monitoring and Reporting Program and Project Design Features, approved and adopted for the Project. The Mitigation Monitoring and Reporting Program and Project Design Features are set forth in in Exhibit I attached hereto and incorporated herein by this reference.

1.1.45 “Mortgage” means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security, contracted for in good faith and for fair value.

1.1.46 “Mortgagee” means the holder of the beneficial interest under a Mortgage, or the owner of the property, or interest therein, subject to a Mortgage. 69 CLICK HERE to Return to Agenda
8 62779493.v7

1.1.47 “New Laws” means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws, plans, policies, and guidelines of the CITY and its City Council, Planning Commission, and all other CITY boards, commissions, departments, agencies, and committees enacted or adopted after the Effective Date.

1.1.48 “OWNER” and “Owner” means Travertine Corporation, a Minnesota company, and its successors and assigns.

1.1.49 “Owner’s Obligations” means the obligations of OWNER to pay the sums, build and construct the improvements, dedicate the lands and improvements and undertake and perform the other actions described in Section 3 and the Description of Public Benefits described on Exhibit D.

1.1.50 “Parties” means collectively OWNER and CITY. Each shall be referred to in the singular as a “Party”.

1.1.51 “Planning Commission” means the CITY Planning Commission and the planning agency of the CITY pursuant to California Government Code Section 65867.

1.1.52 “Potential Public Properties” means the properties listed on Exhibit F which OWNER shall reserve for purchase by CITY.

1.1.53 “Processing Fees” means all processing fees and charges required by City to cover the City’s cost of processing permits and other land use entitlements and conducing the associated inspections, including, but not limited to, fees for filing land use applications, plan check fees, inspection fees, and other processing or administrative fees.

Processing Fees shall not include Impact Fees. The amount of the Processing Fees to be applied in connection with the development of the Project shall be the amount which is in effect on a Citywide basis at the time an application for the City action is made. Notwithstanding the language of this Section or any other language in this Agreement, OWNER shall not be exempt from the payment of fees, if any, imposed on a City-wide basis as part of City’s program for storm water pollution abatement mandated by the Federal Water Pollution Control Act of 1972 and subsequent amendments thereto, unless a waiver of these fees is provided by City in a subsequent agreement.

1.1.54 “Project” means the development project defined in Recital D of this Agreement and contemplated by the Development Plan with respect to the Property, including but not limited to on-site and off-site improvements, and as further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.55 “Project Approvals” shall have the meaning set forth in Recital D of this Agreement.

1.1.56 “Project Site Development Permits” shall have the meaning set forth in Recital D of this Agreement.

1.1.57 “Property” has the same meaning as set forth in Recital D and is further defined to mean those certain lands comprising approximately 855.4 acres of land within the boundaries of City, located southwest of Avenue 60, east, north and south of Avenue 62, and southwest of Madison Street, as more particularly described in Exhibit A and depicted on the Site Map in Exhibit B.

1.1.58 “Public Facilities” means those certain lands and facilities to be improved, constructed, and dedicated or conveyed to the public pursuant to Section 3.1, as 70 CLICK HERE to Return to Agenda
9 62779493.v7
described in Exhibit D, including, but not limited to, utility, infrastructure and transportation improvements, as well as fees required to be paid to mitigate the impact on public services as a result of the development of the Project.

1.1.59 “Public Works” means certain improvements constructed by OWNER or under the direction of OWNER that are considered to be a public work requiring the payment of prevailing wages under Labor Code Sections 1720 et seq. (as may be amended from time to time).

1.1.60 “Recorder’s Office” means the Office of Official Records for Riverside County, California.

1.1.61 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER in Section 4.1 and reserved to CITY therein and in Section 4.3.

1.1.62 “Reserved Powers” means the rights and authority excepted from this Agreement’s restrictions on City’s police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent, or materially impair OWNER’s ability to develop the Project in accordance with the Project Approvals; provided, however, that with respect to such New Laws which would conflict with this Agreement or prevent, or materially impair OWNER’s ability to develop the Project in accordance with the Project Approvals, such New Laws shall apply to the Project only if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a Citywide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) amendments to the amounts for Impact Fees, Processing Fees, and the amounts for fees or money in-lieu of dedication of land or property that constitute Development Exactions; (4) required by a non-City governmental entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non-City law or regulation would cause the City to sustain a significant loss of funds or loss of access to significant funding or other resources), or (5) necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement).

1.1.63 “Roadway Capacity Utilization” means the extent to which Traffic Generation from the Project as contemplated by the Development Plan will utilize the capacity of existing and planned future roads, freeways, freeway ramps and intersections in the City and surrounding area as more fully described in Section 4.3(b).

1.1.64 “Schedule of Performance” means the schedule for the development and phasing plan for the Project as set forth in Exhibit H attached hereto and incorporated into this Agreement by this reference.

1.1.65 “Short-Term Vacation Rentals Regulations” means Chapter 3.25 (or successor chapter and as may be amended from time to time) of the La Quinta Municipal Code that governs the application, permitting, renewal, use, operation, penalties, and other provisions relating to short-term vacation rentals in the City, in effect at the time during the Term of this 71 CLICK HERE to Return to Agenda
10 62779493.v7
Agreement, except to the extent any provision in Chapter 3.25 directly conflicts with the rights vested as set forth in Section 6 of this Agreement.

1.1.66 “Site” has the same meaning as “Property” as defined in this Agreement.

1.1.67 “Site Development Plan” shall have the meaning set forth in Section 9.180.020 of the La Quinta Municipal Code.

1.1.68 “Site Map” means the map of the Site and immediately adjacent properties, which is attached hereto as Exhibit B and incorporated herein by this reference.

1.1.69 “Specific Plan” shall have the meaning as set forth in Recital D of this Agreement.

1.1.70 “Statement of Overriding Considerations” shall mean the Statement of Overriding Conditions, adopted by the City pursuant to CEQA with the certification of the EIR.

1.1.71 “Subsequent Development Approval(s)” means any and all Development Approvals required or requested with respect to the Project following the Effective Date.

1.1.72 “Substantial Amendment(s)” shall have the meaning set forth in Section 9(b).

1.1.73 “Term” means the period of time for which the Agreement shall be effective in accordance with Section 8 of this Agreement.

1.1.74 “TOT” means Transient Occupancy Tax levied by the City, in accordance with Chapter 3.24 of the La Quinta Municipal Code (as may be amended from time to time) and applicable state law, and deposited into the City’s general fund after remittance by all operators (or other entities or individuals) subject to the tax.

1.1.75 “Traffic Generation” means the future traffic that will be generated by the Project as contemplated by the Development Plan as more fully described in Section 4.3(b).

1.1.76 “Transferee” means individually or collectively, OWNER’s successors in interest, assignees or transferees of all or any portion of the Site.

1.1.77 “Uniform Codes” means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi-state organization and which are applicable City-wide).

1.1.78 “Vesting Date” means the date after (i) the Effective Date of this Agreement, and (ii) the date of the expiration of the running of the applicable statute of limitations and referendum petition deadlines to challenge the adoption of all of the Project Site Development Permits, with no legal challenge or petition having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Owner and City. The City shall have the right to deliver 72 CLICK HERE to Return to Agenda
11 62779493.v7
to the Parties a written confirmation of the Vesting Date, but the Vesting Date shall be the date as set forth in the preceding sentence regardless of whether or when the City delivers such notice.

1.1.79 “Zone Change” shall have the meaning set forth in Recital D of this Agreement.

1.1.80 “Zoning Ordinance” means Title 9 of the La Quinta Municipal Code (as may be amended from time to time).

1.2 Exhibits.

The reference to a specified “Exhibit” in this Agreement is a reference to any one of the exhibits listed below, as determined by the accompanying letter designation, which exhibits are attached hereto and by this reference made a part hereof.

Exhibit A Legal Description of Property
Exhibit B Site Map / Depiction of the Property
Exhibit C Existing Land Use Regulations
Exhibit D Description of Public Benefits
Exhibit E Form of Grant Deed/Offer For Public Facilities Exhibit F Financing of Public Facilities and Potential Public Properties Exhibit G Chapter 3.25 of La Quinta Municipal Code as of Effective Date Exhibit H Schedule of Performance / Phasing Plan
Exhibit I Mitigation Monitoring and Reporting Program and Project Design Features

2. MUTUAL BENEFITS AND ASSURANCES.

2.1 Purposes of Agreement.

The Development Plan is the result of years of planning effort by both OWNER and CITY.

Because of this extended planning effort, the Development Plan includes a number of public facilities and other features that will significantly benefit the public as well as occupants of the Project. To secure these benefits, CITY and OWNER have mutually agreed to enter into this Agreement, which (a) assures the Parties’ participation in the construction, funding and dedication of numerous public facilities that will provide significant benefits for residents of CITY and service anticipated levels of occupancy within the Property, and (b) assures OWNER that the Development of the Property will be governed by the Existing Land Use Regulations and that the Development Exactions required in connection with the Development Plan will be those specified in this Agreement. The following is a list of some of the more significant public benefits listed on Exhibit D that are incorporated into the Development of the Project:
(a) Fiscal Contributions: generation of substantial annual revenue for CITY’s general fund and the CITY accounts, as well as substantial payments of Impact Fees, for use in enhancing fire and police equipment and staffing, school fees and library equipment; 73 CLICK HERE to Return to Agenda
12 62779493.v7
(b) Public Access and Open Space: provision of approximately 357.1 acres of open space, which includes (a) approximately 55.9 acres to be dedicated or used for public recreational, staging areas, gathering areas and trail purposes, open space uses including picnic tables, barbeques, golf practice facilities, and staging facilities for the public regional interpretative trail and (b) preservation of approximately 301.2 acres for conservation and preservation purposes together with endowment funding at no cost to CITY to ensure management and monitoring of the natural open space in perpetuity. In addition, the Project will provide pedestrian walkways, a network of interior trails suitable for pedestrian use and bike lanes, including Class II bike lanes located along both sides of Jefferson Street that will allow bicyclists and pedestrians access to surrounding parks, recreational trails, open space and commercial centers;
(c) Transportation and Traffic Improvements: construction of the extension and beautification of Jefferson Street (including widening, surfacing, curb and gutter placement, addition of Class II bike lanes located along both sides of Jefferson Street, and landscape improvements); installation of traffic signals and numerous right and left-turn lanes on a number of City streets; and construction of the extension and various other improvements to Avenue 62 that will reduce roadway flooding during storm events and stabilize slopes to improve public safety;
(d) Infrastructure Upgrades/Enhancements: construction and upgrades of domestic water system facilities, water tanks and pump stations; construction and extension of on-site and off-site sewers, storm drains, water, electricity, natural gas and other facilities; installation of water quality basins and use of biological filtering swales to enhance runoff to receiving waters at Dike 4;
(e) Use of Sustainable Features in Project Design: as described more fully in the Development Plan and EIR, incorporation of energy-efficient and conservationoriented features within the Project, including installing green roofs and solar panels on buildings within the Specific Plan, incorporating in-home batteries and EV charger stations to facilitate use of EVs, golf carts and other low-speed electric vehicles; requiring all single-family homes to be electric ready and include electrical circuits for space heating, water heating, ovens, clothes dryers; requiring electrical panels, branch circuits and transfer switches for battery storage; considering orientating buildings to reduce the development’s impact on the natural environment; implementing passive and active solar systems to take advantage of and consider the year-round abundant sunshine; implementing a water conservation strategy demonstrating a 20 percent reduction in indoor and outdoor water usage; implementation of 50 percent waste diversion in order to reduce the amount of waste disposal at landfills; requiring use of “green” building techniques, home features utilizing low-flow bathroom fixtures and that all household and other appliances be of the highest energy efficiency practicable at the time of purchase; requiring use of environmentally-conscious site planning, so that street, trail, park and housing locations are situated to minimize vehicular trips and reduce exhaust emissions; requiring that all landscaping be desert and other drought tolerant vegetation; requiring all HVAC systems to be Very High Efficiency HVAC (SEER 16/80% AFUE or 9HSPF) or greater efficiency; requiring all domestic hot water systems be Very High Efficiency Water (0.92 Energy Factors) with Enhanced Solar Pre-heat System (min. 0.35 Net Solar Fraction); and requiring all potable water fixtures to have EPA WaterSense Certification or greater efficiency.

2.2 Undertakings and Assurances Contemplated and Promoted by Development Agreement Act.

The mutual undertakings and assurances described above and provided in this Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and 74 CLICK HERE to Return to Agenda
13 62779493.v7
efficient development of infrastructure and facilities, in connection with the implementation of development projects as contemplated and promoted by the Development Agreement Act.

3. OWNER’S OBLIGATIONS; FINANCING DISTRICTS; PUBLIC FACILITIES.

3.1 In General.
(a) Public Benefits. It is acknowledged that a primary purpose of this Agreement is to provide for the accelerated and coordinated completion of Public Facilities and the other public benefits described in Exhibit D. Accordingly, when OWNER proceeds with Development of the Project, OWNER shall fully perform OWNER’s Obligations as set forth in and subject to the terms and conditions of Exhibit D and this Agreement, including but not limited to the undertakings in connection with the construction and dedication or conveyance of the Public Facilities. Notwithstanding anything to the contrary contained in this Agreement, CITY acknowledges and agrees that, other than for OWNER’s obligations with respect to the Jefferson Street circulation improvements described in Exhibit D, OWNER shall have no obligations with respect to any matter described in Exhibit D until the issuance by CITY to OWNER of the first Subsequent Development Approval for the Project after issuance of the mass grading permit for grading of the Project.
(b) Existing Conditions and Undertakings for Land Use and Development. Subject to the City’s Reserved Powers and Reservation of Authority, the OWNER shall be obligated to and shall perform all of the duties and obligations provided for or required by the Project Approvals, the Applicable Rules, and the Schedule of Performance, in connection with the Development of the Property and the Project.

3.2 Financing District and Parameters.
(a) Formation of Financing District(s). Upon the receipt of a written request (“Request”) by OWNER in a form and content consistent with the City’s CFD Policy, Subsection (c) below, and reasonably acceptable to CITY, CITY shall use its best efforts to form one or more Financing Districts in the form and type specified in the Request, which shall include the Property, or portion thereof, within its/their boundaries for the purpose of funding the planning, design, construction and/or acquisition of Public Facilities and/or Potential Public Properties, or to provide for operation and maintenance as agreed upon by OWNER and CITY, and shall cause the Financing District(s) to issue, from time to time, Bonds subject to market conditions to finance such activities (including, without limitation, all costs of forming and administering the Financing District(s) and issuing and selling such Bonds). Notwithstanding the foregoing, this Section is not intended to limit the ability of the Parties to create other forms of financing districts regarding the Project upon mutual agreement. In addition, if CITY elects to not act as the lead agency for the establishment of a Financing District, at Owner’s request, City agrees that another agency authorized to establish a Financing District, such as the California Statewide Communities Development Authority (“CSCDA”) may act as the lead agency in establishing the Financing District(s). In that event, City shall enter into a joint community facilities agreement with such other agency pursuant to Government Code Section 53316.2 authorizing such other agency to establish the Financing District consistent with the applicable provisions of Exhibit F.
(b) No Obligation to Form District(s). Notwithstanding the foregoing, the Parties acknowledge that nothing contained in this Agreement shall be construed as requiring CITY or its City Council to form a Financing District or cause a Financing District to issue Bonds. (c) Parameters Regarding Districts. In the event that one or more Financing Districts are formed to provide funding for the construction or acquisition of Public 75 CLICK HERE to Return to Agenda
14 62779493.v7
Facilities or Potential Public Properties, or both, the Parties agree that the parameters set forth in the CFD Policy and in Exhibit F shall govern the formation of each Financing District and issuance of Bonds.

3.3 Dedication, Construction and Conveyance of Public Facilities. (a) In General. The Public Facilities to be dedicated or conveyed (in the case of lands) or constructed by OWNER and dedicated or conveyed to CITY as described in Exhibit D, shall be completed in accordance with the provisions of Exhibit D and this Agreement, the Existing Development Approvals, the Schedule of Performance, and designs, specifications and standards promulgated by CITY in accordance with Existing Land Use Regulations, and dedicated or conveyed to CITY as set forth in Exhibit D, or substantially in the form set forth in Exhibit E attached hereto, or in any other form of dedication or conveyance agreement or document agreed in writing by CITY.
(b) Public Facilities; Subdivision Requirements. With respect to any such Public Facilities as to which only a preliminary phase is required to be completed under this Agreement as provided in Exhibit D, such Public Facilities shall be completed in connection with the Development of the Property as required by the Existing Land Use Regulations unless otherwise provided in this Agreement.
(c) Public Works; Prevailing Wages. To the extent improvements to be constructed by OWNER or under the direction of OWNER hereunder are considered to be a public works requiring the payment of prevailing wages under Labor Code Sections 1720 et seq. as may be amended from time to time (“Public Works”), OWNER shall cause the contractor and subcontractors to pay prevailing wages in the construction of the improvements as those wages are determined pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations and comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations.

3.4 Provision of Real Property Interests by CITY.

In any instance where OWNER is required by CITY to construct any Public Facilities on lands not owned by OWNER, as a condition precedent to the performance of such obligation, CITY shall provide or cause to be provided the real property rights and interests necessary for the construction of such Public Facilities. Costs associated with such acquisition or condemnation proceedings, if any, shall be OWNER’s responsibility, and may be included in the applicable Financing District.

Notwithstanding the foregoing paragraph in this Section 3.4, if OWNER owned any lands as all or any portion of the Property as of the Effective Date of this Agreement, and OWNER subsequently from the Effective Date sells, conveys, or in any manner transfers (whether for consideration or not) those lands to a Transferee, then CITY shall have no obligation to provide or cause to be provided the real property rights and interests necessary for the construction of such Public Facilities.

Nothing in this Section 3.4 or this Agreement is or may be deemed a representation or commitment by the CITY to initiate any condemnation proceedings of any lands or real property, nor a representation or commitment by the CITY to exercise its power of eminent domain. The CITY reserves all discretionary authority over whether to exercise its power of eminent domain, and any condemnation proceedings shall be in accordance with applicable state laws, including the “Eminent Domain Law” (Code of Civil Procedure, section 1230.010 et seq., as may be amended from time to time).
76 CLICK HERE to Return to Agenda
15 62779493.v7

3.5 Fees and Payments.

OWNER shall pay all fees and charges, including Impact Fees, Processing Fees, and payments of fees or money in lieu of a dedication of land that is otherwise a Development Exaction, in the amounts set by the City at the time when such payment for such fee or charge is due and payable to the City. Additionally, OWNER has agreed to pay fees to CITY to fund the provision of police, fire and other services set forth in Exhibit D.

3.6 Reimbursement of Costs.

Unless otherwise specifically provided in this Agreement, OWNER shall reimburse CITY for costs and expenses incurred by CITY on and after the Effective Date as necessary for the implementation of the Development Plan and this Agreement as follows:
(a) Standard Fees. OWNER shall reimburse CITY for the following items in accordance with CITY’s standard fee schedule in effect at the time when such payment for such fee is due and payable to the City: (i) plan check, issuance and inspection of building permits; (ii) inspections related to construction of Public Facilities; (iii) review and processing of documents related to the conveyance of Public Facilities from OWNER to CITY; (iv) review and processing of documents related to Subsequent Development Approvals as requested or submitted by OWNER; and, (v) environmental review in connection with Subsequent Discretionary Approvals as required by CEQA;
(b) Reasonably Necessary Costs. OWNER shall reimburse CITY for any and all reasonable costs and expenses, including reasonably necessary consulting and attorneys’ fees, incurred by CITY (“reasonably necessary costs”) in connection with the following items: (i) periodic compliance reviews pursuant to Section 5; (ii) formation of Financing Districts, the issuance of Bonds, and any other matters contemplated by or related to Section 3.2 and in accordance with Exhibit F; (iii) review and processing of OWNER’s request to approve an Assignment and Assumption Agreement as provided in Section 7; and, (iv) negotiation, purchase and financing of property for public use pursuant to Section 3.7.

3.7 Additional Facilities Financed by the Financing District.

OWNER shall cooperate with CITY regarding potential other facilities to be financed by a Financing District. Approval of any such facilities by CITY shall be contingent on CITY’s prior compliance with the CEQA.

3.8 Notice to CITY of Product Sales Release.

Subject to the reasonable cooperation of merchant builders within the Project, OWNER shall use good faith efforts to provide notice to CITY at least ten (10) days prior to advertising the initial sales release of each builder product type within the Project. CITY shall have the right, at its cost, to publish such information on its public access channel or through use of any other media source to residents of City. Such advance notice shall not affect in any manner the sales price, qualifications to purchase, or any other terms or conditions of sale for homes within the Project, all of which shall be established by each respective merchant builder in connection with the marketing and sale of their product.

3.9 Employment of La Quinta Residents and the Hiring of Local Businesses.

OWNER shall encourage its contractors and merchant builders who participate in the Development to make reasonable efforts to provide opportunities for employment to residents of the City possessing the proper qualifications and experience for available positions. OWNER shall 77 CLICK HERE to Return to Agenda
16 62779493.v7
also encourage its contractors and merchant builders to consider use or retention of properly qualified and experienced City residents and local businesses and vendors in the provision of goods and services used in connection with development of the Project. In no event is this policy meant to require that contractors and merchant builders contract for services or supplies with less competitive firms or to employ residents who are not properly qualified or experienced solely due to local residency.

4. REGULATIONS GOVERNING THE DEVELOPMENT OF THE PROPERTY.

4.1 Applicable Rules.

Subject to the City’s Reservations of Authority, and except as otherwise specified in this Agreement and the Project Approvals, the rules, regulations and official policies governing the permitted uses of the Property, the density and intensity of use of the Property, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Property are the Existing Land Use Regulations, including without limitation the General Plan and the Development Plan. (a) Permitted Uses. The uses permitted hereunder in accordance with the Existing Land Use Regulations are as set forth in the Development Plan. (b) Number of Units, Density and Intensity. The total number, density and intensity of units permitted hereunder in accordance with the Existing Land Use Regulations are as set forth in the Development Plan. The density of development may be distributed by OWNER disproportionately throughout the Property in accordance with and subject to the Development Plan. OWNER shall construct the Project on the Site only in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the residential portions of Project shall consist of residential single-family development specifically developed and available for residential purposes, and may be the residents’ primary residences or secondary residences, and/or may be used for short-term vacation rentals, with the following components:
(1) Annual permitting fees to be consistent with the City’s fee program;
(2) Any rental or occupancy of thirty (30) nights or less to be subject to the City’s then-current transient occupancy tax (TOT) for short-term vacation rentals; (3) Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as maybe approved by City policy or code) by the OWNER or OWNER’s authorized management company for the short-term vacation rentals at the Site; (4) Subject to applicable federal or state law or regulation, occupancy in any residence, including residences used as short-term vacation rentals, shall be capped at two (2) persons per bedroom, plus one (1) person; provided, however, that there may be an increase in occupancy allowances for permitted short-term vacation rentals as set forth in the Short-Term Vacation Rental Regulations in effect as of the date of the issued permit, or, if the Short-Term Vacation Rental Regulations (or relevant provisions regarding occupancy allowances are repealed for any reason during the Term of this Agreement), then the occupancy allowances 78 CLICK HERE to Return to Agenda
17 62779493.v7
for permitted short-term vacation rentals shall be the Short-Term Vacation Rental Regulations most recently in effect prior to being repealed and shall remain applicable for the balance of the Term of this Agreement; and
(5) All residences at the Site shall allow for transient occupancy, which means occupancy for thirty (30) days or less.
(6) In addition to the provisions in this Section 4.1, all shortterm vacation rentals shall comply with Section 6 of this Agreement. (c) Maximum Height and Size of Buildings. The maximum height and size of the buildings within the Property permitted hereunder in accordance with the Existing Land Use Regulations are as set forth in the Development Plan. (d) Golf Training Facility and Resort Component. Inclusion by City of parcels in the Development Plan for a golf training component shall have an underlying residential zoning designation to enable the parcel to be developed with residential land uses. If within three (3) years from the Effective Date, Owner is unsuccessful in marketing the golf training parcel to a commercial developer, Owner shall be entitled to develop the parcel with residential land uses. In such case, the number of residential units developed on said parcel shall be included in the maximum density permitted by the Specific Plan. “Marketing” for purposes of this provision shall mean undertaking reasonable efforts to advertise the property to commercial developers.
(e) Reservations and Dedication of Lands for Public Purposes and Undertaking to Participate in Completion of Roadways and Public Facilities. As provided in Section 3, OWNER is obligated to dedicate, sell or convey certain lands and construct and convey to CITY certain Public Facilities and to provide certain public benefits. (f) Timing of Development. The Parties acknowledge that the most efficient and economic Development of the Property depends upon numerous factors such as market orientation and demand, interest rates, competition and similar factors and that generally it will be most economically beneficial to the ultimate purchasers to have the rate of Development determined by OWNER. Accordingly, subject to the Schedule of Performance and Applicable Rules, the timing, sequencing and phasing of Development shall be as determined by OWNER in its sole subjective business judgment and discretion. The Schedule of Performance may be modified as an Insubstantial Modification pursuant to Section 9 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, the California Supreme Court held that a construction company was not exempt from a city’s growth control ordinance notwithstanding that the construction company and the city had entered into a consent judgment (tantamount to a contract under California law) establishing the company’s vested rights to develop its property in accordance with the zoning. The California Supreme Court reached this result on the basis that the consent judgment failed to address the timing of development. It is the intent of the Parties to avoid the result of the Pardee case by acknowledging and providing in this Agreement that OWNER shall have the vested right, subject to the Applicable Rules and Schedule of Performance, to develop the Property in such order and at such rate and at such time as OWNER deems appropriate within the exercise of OWNER’s sole subjective business judgment, notwithstanding the adoption of an initiative after the Effective Date of this Agreement by CITY’s electorate to the contrary.
(g) Moratoria; Phasing of Development. The Parties acknowledge and agree that the Applicable Rules contemplate and provide for the phasing of the Development of 79 CLICK HERE to Return to Agenda
18 62779493.v7
the Property, and that except as expressly provided in this Section 4, no initiative, referendum, moratorium, ordinance, resolution, or other Land Use Regulation or limitation on the conditioning, rate, timing or sequencing of the Development of the Property or any portion thereof shall apply to or govern the Development of the Property during the Term hereof whether affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building or site development plans or permits, occupancy permits, occupancy certificates or other entitlements to use to be approved, issued or granted by CITY. In the event of any such subsequent action, OWNER shall continue to be entitled to apply for and receive Subsequent Development Approvals in accordance with the Existing Land Use Regulations, subject only to the exercise of the Reservations of Authority set forth in Section 4.3 and other the terms of this Agreement.
(h) Development Exactions. In addition to and not in limitation of the foregoing (except and subject to the Reservations of Authority), CITY shall not require any further Development Exactions for the Project except those provided for in this Agreement or which are provided for or required by or pursuant to the Existing Land Use Regulations (including, but not limited to the existing General Plan, the Development Plan, and Existing Development Approvals) which include, but are not limited to, Development Exactions that may be required by CITY in accordance with its current subdivision standards and policies. (i) Dedications/Conveyances/Acquisitions. At the appropriate points in the Development of the Project and in accordance with Exhibit D, OWNER shall convey or irrevocably offer to dedicate to CITY or its successor, assignee, or designee the Public Facilities, including streets, rights-of-way, park land and other improvements as more fully set forth in Exhibit D.
(j) Expeditious Processing. CITY shall accept and timely process, in the normal and legal manner for processing such matters, all applications for future Ministerial Permits and Approvals, Discretionary Permits and Discretionary Action contemplated by, required under or necessary to affect the intent of this Agreement. Provided that the tentative tract map, parcel map and precise development plan and other applications are consistent with the Development Plan, CITY shall take final action on such applications within the time frames set forth in the Permit Streamlining Act, California Government Code Sections 65920 et seq. (as may be amended from time to time) unless an extension is agreed to by OWNER. (k) Subsequent Development Approvals. The Development Plan provides for CITY to process and consider subsequent discretionary approvals and permits for the Project, such as tentative subdivision maps, under the terms of the Existing Land Use Regulations. CITY acknowledges pursuant to Government Code Section 65865.2 that the conditions, terms, restrictions, and requirements for Subsequent Development Approvals processed with CITY for the Project shall not prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan and in this Agreement. Upon approval, a Subsequent Development Approval shall become part of the Existing Land Use Regulations.
(l) Amendments to Development Plan. The Parties anticipate that, from time to time, OWNER may request amendments to the Development Plan to respond to changing circumstances and conditions. CITY is under no obligation to approve any such application and may, in the exercise of its legislative discretion, approve, deny or propose conditions to or modifications in any such application by OWNER for an amendment to the Development Plan, including conditions or modifications that might otherwise be prohibited by the vested rights provided by this Agreement. OWNER will have a reasonable opportunity to review any such proposed conditions and modifications and withdraw its application for amendment to the Development Plan (in which case neither OWNER’s proposed amendments 80 CLICK HERE to Return to Agenda
19 62779493.v7
nor CITY’s proposed conditions or modifications will become effective). Any amendment to the Development Plan shall require an amendment to this Agreement in accordance with Government Code Section 65868. Notwithstanding the foregoing, the Parties specifically acknowledge that a minor deviation or change to the Development Plan which qualifies as substantial conformance pursuant to the provisions of Section 5.8 of the Development Plan, or may qualify as an Insubstantial Modification pursuant to Section 9(a) of this Agreement, shall not be considered an amendment to the Development Plan.
(m) Other Governmental Permits. Provided that OWNER pays the reasonable cost of such cooperation, CITY shall reasonably cooperate with OWNER in its efforts to obtain such additional permits and approvals by any other governmental or quasi-governmental agencies having jurisdiction over the Property, as long as such permits and approvals are consistent with this Agreement and with applicable regulatory requirements. CITY does not warrant or represent that any other governmental or quasi-governmental permits or approvals will be granted.
(n) Mitigation Measures and Further Mitigation. In connection with the issuance of any Subsequent Development Approvals that are subject to review under CEQA, CITY shall not impose any Project alternatives or mitigation measures beyond those referenced in the Existing Development Approvals, which includes the Mitigation Measures, unless determined to be necessary or appropriate to comply with the CITY’s CEQA obligations relating to future Discretionary Actions. The mitigation measures and mitigation monitoring plan set forth in the adopted Mitigation Monitoring and Reporting Program and EIR certified by CITY constitute additional benefits anticipated under this Agreement. The Mitigation Measures shall be enforced and monitored in the manner set forth in the Project Approvals. (o) Water Supply. Water supply for the Project has been the subject of the analysis required by Government Code Section 66473.7, Public Resources Code Section 21151.9 and Water Code Section 10631, et seq., and the reservoirs, pump stations and other facilities related to the provision of water to the Project are further described in the Development Plan and EIR.
(p) Vested Rights. During the Term of this Agreement, OWNER is provided and assured the vested right to the maximum extent allowed under this Agreement to carry out the Development and use of the Property in accordance with the Existing Land Use Regulations as provided in this Section 4.1.
(1) Project Entitlements/Density: OWNER is hereby granted the vested right to Development of the Project in accordance with this Agreement including, but not limited to, Existing Land Use Regulations and the Development Agreement Act. (2) Enforcement: Except to the extent this Agreement has been amended, modified, suspended or terminated in accordance with its terms, this Agreement shall be enforceable by either Party notwithstanding any change in any Applicable Rules.

4.2 Development of the Project, Planned Development
OWNER shall construct the Project on the Property as a “planned development” as defined in California Civil Code Section 4175 (or successor provision) pursuant to the Davis-Stirling Act, which, among other requirements, shall require the recording by OWNER of a declaration (and may at OWNER’s discretion have multiple) declaration(s) of covenants, conditions, and restrictions (“CC&Rs”) that, at a minimum, meets the requirements of a “declaration” as defined and described in the Davis-Stirling Act and to memorialize specified Conditions of Approval that 81 CLICK HERE to Return to Agenda
20 62779493.v7
are part of the Project Approvals. OWNER shall provide to City, no less than ninety (90) days prior to the anticipated date of recording, a copy of the proposed final draft of CC&Rs to be recorded against the Property and any subsequent CC&Rs covering a portion of the Property for review and approval, not to be unreasonably withheld, by the City Manager and City Attorney.

The Project shall have an “association” as defined and described in the Davis-Stirling Act, and may have multiple “associations” connected to the CC&Rs recorded against a portion of the Property as part of the Project.

OWNER shall construct the Project on the Property only in accordance with the Project Approvals, with CC&Rs recorded against the Property and any portions thereof to memorialize specified Conditions of Approval that apply to the various portions of the Property pursuant to the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time consistent with the terms hereof, the Project shall primarily consist of a residential single-family development specifically developed and available for residential purposes, and may be the residents’ primary residences or secondary residences, and/or may be used for short-term vacation rentals, with the following components:
(a) Annual permitting fees to be consistent with the City’s fee program;
(b) Any rental or occupancy of thirty (30) nights or less to be subject to the City’s then-current transient occupancy tax (TOT) for short-term vacation rentals; (c) Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as maybe approved by City policy or code) by the OWNER or OWNER’s authorized management company for the short-term vacation rentals at the Site; (d) Subject to applicable federal or state law or regulation, occupancy in any residence, including residences used as short-term vacation rentals, shall be capped at two (2) persons per bedroom, plus one (1) person; provided, however, that there may be an increase in occupancy allowances for permitted short-term vacation rentals as set forth in the Short-Term Vacation Rental Regulations in effect as of the date of the issued permit, or, if the Short-Term Vacation Rental Regulations (or relevant provisions regarding occupancy allowances) are repealed for any reason, then the occupancy allowances for permitted short-term vacation rentals shall be the Short-Term Vacation Rental Regulations most recently in effect prior to being repealed and shall remain applicable for the balance of the Term of this Agreement; and (e) All residences at the Site shall allow for transient occupancy, which means occupancy for thirty (30) days or less.

4.3 Limitations, Reservations and Exceptions.

Notwithstanding anything to the contrary set forth in Section 4.1 hereinabove or elsewhere in this Agreement, in addition to the Existing Land Use Regulations, only the following laws and regulations hereafter shall apply to and govern the Development and use of the Property (“Reservations of Authority”):
82 CLICK HERE to Return to Agenda
21 62779493.v7
(a) Future Regulations. Future CITY Land Use Regulations that are not in conflict with the Applicable Rules or which, if in conflict with the Applicable Rules, have been consented to in writing by OWNER in connection with their application to the Development of the Property;
(b) State and Federal Laws and Regulations. State and federal laws and regulations that conflict with the Applicable Rules or with OWNER’s vested rights set forth in this Agreement shall apply to the Development or use of the Property, together with any CITY ordinances, resolutions, regulations, and official policies necessary to enable CITY to comply with such overriding State and federal laws and regulations. Notwithstanding the preceding sentence, (i) Owner does not waive its right to challenge or contest the validity of any State, federal, or local laws, regulations or official policies; and (ii) in the event that any State or federal law or regulation prevents or precludes compliance with one or more provisions of this Agreement, the Parties agree to consider in good faith amending or suspending such provisions of this Agreement as may be necessary to comply with such State or federal laws, provided that no Party shall be bound to approve any amendment to this Agreement unless this Agreement is amended in accordance with the procedures applicable to the adoption of development agreements as set forth in the Development Agreement Act and each Party retains full discretion with respect to such an approval. The City shall process any amendments required by this Section in a timely manner;
(c) Public Health and Safety. Land Use Regulations that are adopted by CITY, which may be in conflict with the Applicable Rules, that are reasonably necessary in order to protect the public health and safety, so long as there is a reasonable relationship between the health and safety interest to be served by the adopted regulation and the nature and extent of the impairment of OWNER’s vested rights under this Agreement affected by said regulation.

Notwithstanding the preceding sentence, (i) Owner does not waive its right to challenge or contest the validity of any such Land Use Regulation adopted by CITY; and (ii) in the event that any such Land Use Regulation (or City ordinance, resolution or official policy undertaken pursuant thereto) prevents or precludes compliance with one or more provisions of this Agreement, the Parties agree to consider in good faith amending or suspending such provisions of this Agreement as may be necessary to comply with such Land Use Regulation, provided that no Party shall be bound to approve any amendment to this Agreement unless this Agreement is amended in accordance with the procedures applicable to the adoption of development agreements as set forth in the Development Agreement Act and each Party retains full discretion with respect to such an approval. The City shall process any amendments required by this Section in a timely manner; (d) Building and Improvement Standards. Present and future Building and Improvement Standards including those in the Uniform Codes, except that (taking into consideration the assurances to OWNER in this Section 4) any future amendment thereto that significantly reduces the amount of land within the Property that can be utilized for structures and improvements or significantly increases the amount of open space within the Project under the Development Plan shall not be considered a provision of any of the Building and Improvement Standards included within the exception provided by this Paragraph 4.3(d) and shall not apply to and govern the Development of the Project unless it complies with another exception under this Section 4.3;
(e) Taxes, Assessments, Fees and Charges. Subject to the provisions of Section 3.6 above, and consistent with the City’s Reserved Powers, any and all taxes, assessments, fees and charges of any kind, including Impact Fees, Processing Fees, and payments of fees or money in lieu of a dedication of land that is otherwise a Development Exaction, shall be in the amounts set by the City at the time when such payment for such tax, assessment, fee or charge is due and payable to the City, such as upon the delivery by the OWNER to the City of 83 CLICK HERE to Return to Agenda
22 62779493.v7
any application for a Subsequent Development Approval or issuance of a requested permit that constitutes a Subsequent Development Approval; and,
(f) Full Extent of Law. The Parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be so limited.

4.4 Further Assurances to OWNER Regarding Exercise of Reservations of Authority.
(a) Adoption of General Plan Amendment and Development Plan:

EIR. In approving and adopting the Existing Development Approvals, CITY considered the health, safety and welfare of the existing and future residents and populations of the City and prepared in this regard the EIR and other environmental documentation, as well as an extensive traffic impact report and other studies. The Development Plan conforms in all respects to the development studied in and contemplated by the EIR, and this Agreement shall not authorize any development or project which was not studied in and contemplated by such EIR. (b) Acknowledgment Regarding Traffic, Future Traffic Policies and Traffic Levels.
(1) Incorporation of Project Traffic Generation in City Traffic Model and Traffic Study. The Parties acknowledge that the EIR contains a detailed transportation impact study that analyzes the future trips that will be generated by the Project (“Traffic Generation”) and analyzes the extent to which such future Traffic Generation will affect the capacity of existing and planned future roads, freeways, freeway ramps, and intersections in the City and surrounding area (“Roadway Capacity Utilization”). CITY agrees that it will incorporate this Traffic Generation based on the trip generation rates in the EIR transportation impact analysis and Roadway Capacity Utilization based on maximum buildout under the Development Plan as part of CITY’s next traffic and transportation model update, and that CITY will include these same assumptions in future traffic and transportation studies that CITY or any other private development project under CITY’s jurisdiction may prepare regarding future development or roadway planning projects until all residential units authorized by the Existing Development Approvals have been constructed or this Agreement terminates, whichever comes first. (2) Incorporation of EIR Traffic and Transportation
Assumptions in Future Plans and Studies. CITY agrees that OWNER has, through the construction of the traffic and transportation improvements specified in the EIR and Mitigation Measures adopted in conjunction with the Development Plan, satisfied the requirements of the Existing Land Use Regulations pertaining to the Specific Plan’s Traffic Generation, as specifically noted in the EIR certified by CITY and the findings adopted by CITY. CITY also agrees that in conjunction with CITY’s approval of future discretionary Subsequent Development Approvals, CITY shall not require OWNER to provide, construct, fully fund or fair-share fund additional roadway right-ofway, capacity or improvements beyond those required in the EIR and this Agreement so long as OWNER implements the Development Plan without substantial change and within the scope of the assumptions and development schedule identified in the EIR and the EIR traffic study. (3) CEQA; Changes in Project and Mitigation Requirements.

The Parties acknowledge that CEQA may require additional environmental review for discretionary Subsequent Development Approvals. Further, CEQA may require additional mitigation to the extent that new significant environmental effects or a substantial increase in the severity of previously identified significant effects occur as a result of significant new information or substantial changes in the Project or the circumstances surrounding the Project. (California 84 CLICK HERE to Return to Agenda
23 62779493.v7
Public Resources Code Section 21166; CEQA Guidelines, 14 Cal. Code of Regs., Sections 15162 and 15183). Notwithstanding subsections (1) and (2) of this Section, OWNER shall be responsible for additional mitigation that may be required pursuant to CEQA to reduce significant impacts that result from substantial changes to the Development Plan requested by OWNER that require major revisions to the EIR, pursuant to Public Resources Code Section 21166 and CEQA Guidelines, 14 Cal. Code of Regs., Section15162. CITY and OWNER may at any time mutually agree on changes to the mitigation requirements or project design features without amending this Agreement subject to compliance with the requirements of CEQA.

4.5 Regulation by other Public Agencies.

The Parties acknowledge that (a) other public agencies not within the control of CITY possess authority to regulate aspects of the Development of the Property separately from or jointly with CITY and (b) this Agreement does not limit the authority of such other public agencies.

5. PERIODIC REVIEWS.

5.1 Annual Review.

During the Term of this Agreement, at least once every twelve (12) month period from the Effective Date of this Agreement, CITY shall review the good faith compliance of OWNER with the terms of this Agreement (“Annual Review”).

5.2 Standards for Annual Review.

During the Annual Review, OWNER shall be required to demonstrate good-faith compliance with the terms of this Agreement by submitting a performance report, if such report is requested by CITY. If CITY finds and determines in good faith that OWNER has not materially complied with the terms and conditions of this Agreement, then CITY may declare a default by OWNER in accordance with this Agreement. CITY may exercise its rights and remedies relating to any such event of default only after the period for curing a default as set forth in Section 11.2 has expired without cure of the default.

5.3 Certificate of Compliance.

With respect to each year in which CITY approves OWNER’s compliance with this Agreement, CITY shall, within thirty (30) days of receipt of written request from OWNER, provide OWNER with an Estoppel Certificate in accordance with Section 11.7 of this Agreement.

6. SHORT-TERM VACATION RENTALS/TRANSIENT OCCUPANCY TAXES.

Subject to the terms of this Agreement and this Section 6, any owner of a separate legal residential lot on the Property as part of the Project, and on which that separate legal residential lot has a residential dwelling, shall have a vested right to use the residential dwelling on that separate legal residential lot as a short-term vacation rental for the Term of this Agreement, and this vested right shall inure to the benefit of Owner and all owners of residential units within the Project. As such, the rights and obligations under Section 6 shall survive the sale of each residential unit to a third-party homebuyer and terminations of this Agreement to each such unit.

Except to the extent expressly provided otherwise in this Agreement, the City shall not impose on or apply to the Project (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with this provision or that would materially interfere with right 85 CLICK HERE to Return to Agenda
24 62779493.v7
to apply for and, with City staff approval, operate short-term vacation rentals in all residential units within the Project. All short-term vacation rentals shall be subject to the following:

6.1 Definition. As used in this Agreement, the term “short-term vacation rental” shall mean and refer to a “short-term vacation rental unit” as that term is defined in Section

3.25.030 of the La Quinta Municipal Code (or successor provision).

6.2 Short-Term Vacation Rental Use. Except as modified by this Article 6, all short-term vacation rentals shall comply with the Short-Term Vacation Rental Regulations in effect for the duration of the Term of this Agreement, including the penalties for violations. All short-term vacation rentals developed on the Property as part of the Project shall be permitted in accordance with the Short-Term Vacation Rental Regulations. No residential dwelling developed on the Property as part of the Project may be used for short-term vacation rental purposes unless the residential dwelling has a valid short-term vacation rental permit. If the Short-Term Vacation Rental Regulations (or any provisions therein) are repealed for any reason, then the Short-Term Vacation Rental Regulations (or applicable repealed provisions therein) that were most recently in effect prior to being repealed shall govern and shall remain applicable for the balance of the Term of this Agreement. For reference purposes only, the Short-Term Vacation Rental Regulations (Chapter 3.25 of the La Quinta Municipal Code) as it exists as of the Effective Date is attached as Exhibit G.

6.2.1 Short-Term Vacation Rental Centralized Management. In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in the ShortTerm Vacation Rental Regulations, the OWNER or its successor or assignee shall be the “authorized agent or representative” (as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of the Short-Term Vacation Rental Regulations, and shall do so exclusively through a central rental operator pursuant to Section 6.2.3 of this Agreement, which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the “residence owner” (in this context, means the owner of a residential unit with a short-term vacation rental permit, as that term is defined in the Short-Term Vacation Rental Regulations, or, if the definition is removed during the Term of this Agreement, as defined in Chapter 3.25 as of the Effective Date of this Agreement, and hereinafter defined as “residence owner”) shall remain ultimately obligated as the holder of the short-term vacation rental permit for any and all remedial actions necessary for compliance with the Short-Term Vacation Rental Regulations and this Agreement, including but not limited to the payment of any fines or recorded liens or any other violations for non-compliance; and, provided further, that the residence owner shall have a process available, through an independent arbitrator or neutral decision-maker designated by the residence owner or homeowner’s association (“HOA”) of which the residence owner is a member, to petition for a change of that residence owner’s “authorized agent or representative” because the residence owner demonstrates, with a preponderance of evidence, that the “authorized agent or representative,” designated by the OWNER or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of the 86 CLICK HERE to Return to Agenda
25 62779493.v7
Short-Term Vacation Rental Regulations for that residence owner’s short-term vacation rental unit. The CC&Rs as described in Section 4.2 of this Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever a residence owner may petition the HOA for a change in that residence owner’s “authorized agent or representative” as required by this Section 6.2.1; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if a residence owner were to petition the HOA for a change in that residence owner’s “authorized agent or representative” as required by this Section 6.2.1.

6.2.2 CC&Rs to Include Operational Requirements for Short-Term Vacation Rentals. All CC&Rs required to be recorded pursuant to Section 4.2 of this Agreement where residential uses are allowed and/or where residential dwellings are located shall expressly authorize short-term vacation rentals for all residential units. All such CC&Rs shall state the operational requirements and standard conditions applicable to short-term rentals for all residential dwellings subject to those CC&Rs.

6.2.3 Rental Management Program. OWNER shall be responsible for ensuring that, for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the residence owners of residential units to have the ability to make their units available for short-term rentals permitted by this Agreement and the CC&Rs. The contract or contracts may, but are not required to, be with an on-site rental management agent.

OWNER may assign this obligation in accordance with this Agreement, regardless of whether the obligation is incident of the transfer and assignment of the portions of the Property to which they relate and notwithstanding the limitations on assignment set out in Section 7.1(a)(1) of this Agreement.

6.3 Compliance with other City Municipal Codes. Short-term vacation rental uses are subject to all provisions of the La Quinta Municipal Code, including without limitation the City’s noise compliance provisions set forth in Sections 9.100.210 and 11.08.040 (or successor provisions) of the La Quinta Municipal Code, and the transient occupancy tax (TOT) provisions set forth in Chapter 3.24 (or successor chapter of provisions) of the La Quinta Municipal Code.

6.4 Covenants, Conditions and Restrictions. OWNER shall execute and record or cause to be recorded in the Recorder’s Office, against the Property and each separate legal residential parcel subdivided pursuant to Tentative Map 37387 and any Future Tract Maps, a declaration of covenants, conditions, and restrictions (in a form approved by the City Manager and City Attorney prior to its recording), which shall run with the land, and shall be binding upon, and place on notice, any and all owners of the separate legal residential lots of the requirements set forth in this Section 6. The declaration of covenants, conditions, and restrictions shall expressly provide that short-term vacation rentals are an allowed use for every residential dwelling within Project (i.e., within the homeowner’s association subject to the declaration). The 87 CLICK HERE to Return to Agenda
26 62779493.v7
requirements of this Section 6.4 may be satisfied by including the terms and conditions required herein in the CC&Rs required to be recorded pursuant to Section 4.2 of this Agreement.

7. TRANSFERS AND ASSIGNMENTS; TERMINATION UPON LOT SALE.

7.1 Transfer and Assignments of Rights and Interests.
(a) Rights and Interests Appurtenant. Except as otherwise provided in this Agreement, the rights and interests conveyed and provided herein to OWNER benefit and are appurtenant to the Property. OWNER has the right to sell, assign and transfer any and all of its rights and interests and to delegate any and all of its duties and obligations hereunder; provided, however, that such rights and interests may not be transferred or assigned except in strict compliance with the following conditions:
(1) Said rights and interests may be transferred or assigned only together with and as an incident of the transfer and assignment of the portions of the Property to which they relate, including any transfer or assignment pursuant to any foreclosure of a Mortgage or a deed in lieu of such foreclosure;
(2) In connection with the transfer or assignment by OWNER of all or any portion of the Property (other than a transfer or assignment by OWNER to a “Mortgagee” pursuant to Section 14, or to an “Affiliated Party” or a “Non-Assuming Transferee” as defined in Section 7.3 below), OWNER and the Transferee shall enter into a written agreement in a form that substantially complies with the provisions in Section 7.1(a)(4) below, and to be recorded in the Recorder’s Office (an “Assignment and Assumption Agreement”) regarding the respective interests, rights and obligations of OWNER and the Transferee in and under the Project Approvals.

Such Assignment and Assumption Agreement may: (i) release OWNER from obligations under the Project Approvals (including this Agreement) pertaining to that portion of the Property being transferred, as described in the Assignment and Assumption Agreement, provided that the Transferee expressly assumes such obligations; (ii) transfer to the Transferee vested rights to improve that portion of the Property and Project being transferred; and (iii) address any other matter deemed by OWNER to be necessary or appropriate in connection with the transfer or assignment;
(3) Except as provided in Section 7.3 below, OWNER shall obtain CITY’s prior written consent to any Assignment and Assumption Agreement, which consent shall not be unreasonably withheld, conditioned or delayed. CITY may refuse to give its consent only if, in light of the proposed Transferee’s reputation and financial resources, such Transferee would not in CITY’s reasonable discretion be able to perform the obligations proposed to be assumed by such Transferee. Such determination shall be made by the City Manager in consultation with the City Attorney and is appealable by OWNER directly to the City Council. (4) An Assignment and Assumption Agreement shall be binding on OWNER, CITY and the Transferee provided (i) OWNER is not then in default under this Agreement, (ii) OWNER has provided notice to CITY of such transfer, and CITY has approved the transfer, and (iii) the Transferee executes and delivers to CITY a written agreement in which (a) the name and address of the Transferee is set forth and (b) the Transferee expressly and unconditionally assumes each and every obligation of OWNER under this Agreement with respect to the Property, or portion thereof, being transferred (to the extent OWNER has not retained a continuing obligation), (c) OWNER no longer has any legal or equitable interest in the Property or the portion thereof sold or transferred, as applicable, and (d) CITY has satisfied itself of Transferee’s ability to assume those OWNER obligations under this Agreement being assigned.

Upon recordation of any Assignment and Assumption Agreement in the Recorder’s Office in 88 CLICK HERE to Return to Agenda
27 62779493.v7
compliance with this Agreement, OWNER shall be released from those obligations assumed by the Transferee therein.
(5) OWNER shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a Transferee pursuant to an Assignment and Assumption Agreement entered into and recorded pursuant to this Agreement. No breach or default hereunder by any person succeeding to any portion of OWNER’s obligations under this Agreement shall be attributed to OWNER, nor may OWNER’s rights hereunder be canceled or diminished in any way by any breach or default by any such person following OWNER’s release of obligations under the Project Approvals pursuant to an Assignment and Assumption Agreement assigning OWNER’s obligations to that Transferee in accordance with this Agreement.

Any attempt to assign or transfer any right or interest in this Agreement except in strict compliance with this Section 7, shall be null and void and of no force and effect. (b) Subject to Terms of Agreement. Following any such assignment or transfer of any of the rights and interests of OWNER under this Agreement, the exercise, use and enjoyment thereof shall continue to be subject to the terms of this Agreement to the same extent as if the Transferee were OWNER. The Transferee of any of the rights and interests of OWNER shall take said rights and interests subject to this Agreement and shall perform the duties and obligations of OWNER.
(c) Assignment and Assumption of OWNER’s Obligations. In connection with a transfer or assignment of rights and interests pursuant to Section 7.1(a) above, OWNER may enter into a written agreement with the transferee regarding the respective rights and obligations of OWNER and the transferee under this Agreement, including without limitation, provisions that purport to release OWNER from specified rights and obligations under this Agreement that relate to the transferred Property, provided that the transferee expressly assumes all such rights and obligations. OWNER shall have the right but not the obligation to deliver to CITY a fully executed Assignment and Assumption Agreement between OWNER and the transferee pursuant to which OWNER shall assign and delegate to the transferee, and the transferee shall accept, assume and agree to perform all of the OWNER’s Obligations under this Agreement that are allocable to the transferred Property (the “Assignment and Assumption Agreement”). Notwithstanding the foregoing, OWNER shall not be released from OWNER’s Obligations unless and until CITY consents in writing to the Assignment and Assumption Agreement, which consent shall not be unreasonably withheld, conditioned or delayed as provided in Subsection (d) below. If OWNER fails to seek CITY’s consent or CITY fails to consent to the Assignment and Assumption Agreement in the manner set forth in Subsection (d) below, then OWNER may nevertheless transfer to the transferee any and all rights and obligations relating to the transferred Property arising under this Agreement; however, with respect to CITY, OWNER shall not be released with respect to such OWNER’s Obligations. In the event CITY unreasonably withholds, conditions or delays any consent to the Assignment and Assumption Agreement, as prohibited by Subsection (d) below, then OWNER may nevertheless transfer to the transferee any and all rights and obligations relating to the transferred Property arising under this Agreement and, with respect to CITY, OWNER shall be released with respect to such OWNER’s Obligations.
(d) Release of OWNER. Except to the extent OWNER is in default under this Agreement prior to the transfer, then CITY will review and consider promptly any request by OWNER for CITY’s consent to an Assignment and Assumption Agreement. Upon the written consent of CITY to the Assignment and Assumption Agreement, which consent will not be unreasonably withheld, conditioned or delayed, OWNER shall be relieved of its legal duty to perform the assigned obligations of this Agreement set forth in such assumption. The 89 CLICK HERE to Return to Agenda
28 62779493.v7
withholding of CITY’s consent to any such Assignment and Assumption Agreement shall be deemed reasonable only if, in light of the proposed transferee’s reputation, experience and financial resources, such transferee would not in CITY’s reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. CITY’s consent to any such Assignment and Assumption Agreement shall be deemed unreasonably conditioned under circumstances where CITY seeks to impose conditions, standards or requirements on the transferee that are more stringent than what has been imposed on OWNER under this Agreement.

CITY’s consent to any such Assignment and Assumption Agreement shall be deemed unreasonably delayed under circumstances where CITY does not provide its consent within [ten (10)] business days after receipt of the Assignment and Assumption Agreement. (e) Effect of Noncompliance. From and after the CITY’s consent to the assumption of obligations under this Agreement by a transferee pursuant to this Section, noncompliance by any such transferee with the assumed terms and conditions of this Agreement shall entitle CITY to pursue any and all of its rights under this Agreement against such transferee; but, such noncompliance shall not be deemed a default or grounds for termination hereof with respect to, or constitute cause for CITY to initiate enforcement action against, other persons then owning or holding interests in the Property or any portion thereof and not themselves in default hereunder. Similarly, noncompliance by OWNER with respect to any terms and conditions of this Agreement not assumed by such transferee shall entitle CITY to pursue against OWNER any and all of CITY’s rights under this Agreement as to obligations retained by OWNER, but such noncompliance by OWNER shall not be deemed a default or grounds for termination hereof with respect to, or constitute cause for CITY to initiate enforcement action against, such transferee or other persons then owning or holding interests in the Property or any portion thereof and not themselves in default hereunder.
(f) Rights of Successors and Assigns. Any and all successors (including without limitation, those successors acquiring their interests in the Property and this Agreement by merger, consolidation, stock sale, pledge, corporate reorganization or other conveyance by business arrangement) and assigns of OWNER shall have all of the same rights, benefits and obligations of OWNER under this Agreement, to the extent acquired as part of the Property or permitted in this Section or both.

7.2 Termination of Agreement Upon Sale of Lots to Public.

Subject to meeting the requirements as Non-Assuming Transferees in Section 7.3 below, this Agreement shall terminate with respect to any individual residential lot, and such lot shall be released from and shall no longer be subject to this Agreement (without the execution or recordation of any further document or the taking of any further action). The Parties shall cooperate, at no cost to the non-requesting Party, in executing in recordable form any document that either Party (including any successor to the title of OWNER in and to any of the said lots) may submit to confirm the termination of this Agreement as to any such lot. Even if all of the lots in the Project are sold, and this Agreement is terminated with respect to each of such lots, this Agreement shall remain in effect and be binding upon CITY and OWNER.

7.3 Transfers to Affiliated Parties and Non-Assuming Transferees. (a) Affiliated Parties. OWNER, or any “Affiliated Party” of OWNER, may at any time and without City’s prior written consent, transfer all or any portion of its rights and obligations under this Agreement to any “Affiliated Party” of such transferor and, in connection with the transfer of any such obligations, be released from such obligations; provided, however, that OWNER and the Affiliated Party duly execute (in recordable form) an Assignment and Assumption Agreement in a form approved by the City, and OWNER deliver said agreement to the CITY to ensure, among other terms and conditions, the CITY has the current address and 90 CLICK HERE to Return to Agenda
29 62779493.v7
notice information for any Affiliated Party that assumes all or any portion of OWNER’s rights and obligations under this Agreement. Any Assignment and Assumption Agreement between OWNER and any Affiliated Party(ies) shall be recorded in the Recorder’s Office upon complete execution by the parties thereto after approval of the form by the City. As used herein, the term “Affiliated Party” shall mean any entity that owns fifty-one percent (51%) or a controlling interest, or both, in OWNER. The CITY shall have the right to request and review any and all articles of incorporation, bylaws, operating agreements, and other related governing documents of any Affiliated Party to confirm compliance with the requirements of this Section. (b) Non-Assuming Transferees. Except as otherwise required by OWNER, in OWNER’s sole discretion, the burdens, obligations and duties of OWNER under this Agreement shall terminate with respect to: (i) any single residential lot conveyed to a purchaser, or (ii) any property that has been established as one or more separate legal parcels and conveyed for open space, park, or similar nonresidential/noncommercial uses. Neither an Assignment and Assumption Agreement nor City’s consent shall be required in connection with clauses (i) and (ii) in the preceding sentence as long as OWNER continues to assume obligations with respect to the portion that is transferred, or can otherwise demonstrate bonds and/or other financial security will satisfy these obligations, and in such case the Transferee in such a transaction and its successors (“Non-Assuming Transferees”) shall be deemed to have no obligations under this Agreement (except for obligations which extend to the individual units, single residential parcels, and any other parcels or property subject to CC&Rs, which implement this Agreement). As to any single residential lot containing a residential dwelling within the Project, this Agreement shall terminate, and OWNER shall have no obligations with respect to that single residential lot upon the issuance by the City of a certificate of occupancy for the dwelling and the close of escrow of the initial sale of that dwelling, save and except only those rights and obligations expressly stated in this Agreement to survive termination. Nothing in this section shall exempt any property transferred to a Non-Assuming Transferee from payment of applicable taxes, assessments, fees and charges, or for compliance with applicable conditions of approval.

8. TERM OF AGREEMENT.

8.1 Term.

The term of this Agreement shall commence on the Effective Date and, except as set forth in Section 7.2, shall continue for fifty (50) years thereafter (the “Term”), unless this Agreement is (a) terminated as provided in Sections 11 and 12, or (b) modified or cancelled by mutual written consent of the Parties as provided in Section 9.

8.2 Rights and Duties Following Termination
(a) In General. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations required to have been performed prior to said termination, (ii) the indemnification provisions of Section 12, and (iii) any default in the performance of the provisions of this Agreement that has occurred prior to said termination.
(b) Survival of Terms. In the event that this Agreement is terminated for any reason other than the default of OWNER, the rights and duties of the Parties shall be as set forth in Section 8.2(a), except that CITY acknowledges in connection with certain fee programs, OWNER may have participated financially in excess of OWNER’s pro rata share in the cost of the Public Facilities, in which case CITY shall endeavor to cause other benefited undeveloped lands and owners thereof to be identified, and CITY shall, to the extent feasible, attempt to require such other landowners to reimburse to OWNER, through CITY, that portion 91 CLICK HERE to Return to Agenda
30 62779493.v7
of such costs incurred by OWNER in excess of its pro rata share (as reasonably determined by CITY) that has not been previously reimbursed by CITY or a Financing District. OWNER acknowledges that CITY may be limited in the manner in which it may collect or require such reimbursement and that CITY may be unable to cause OWNER to be reimbursed for such costs.

9. AMENDMENT OR MODIFICATION TO THIS AGREEMENT.

Subject to the provisions of Section 10, and except as expressly stated to the contrary herein, this Agreement may be amended or cancelled only by the mutual written consent of the Parties consistent with Government Code Section 65867-65868 (or successor provisions), the Development Agreement Ordinance, and the following terms:
(a) Insubstantial Modifications. The Parties acknowledge that refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to the details of the Project development and the performance of the parties under this Agreement.

The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, and thus desire to provide a streamlined method of approving insubstantial modifications to this Agreement. Therefore, any minor modification to this Agreement which does not modify (i) the Term of this Agreement; (ii) permitted uses of the Site, (iii) maximum density or intensity of use, except as specifically allowed in the Specific Plan, (iv) provisions for the reservation or dedication of land, (v) conditions, terms, restrictions or requirements for Subsequent Discretionary Actions, or (vi) monetary obligations of either OWNER or CITY (hereinafter an “Insubstantial Modification”), and that can be processed under CEQA as exempt from CEQA, or with the preparation of an Addendum to the EIR, and that does not require a public hearing prior to the parties executing a modification to this Agreement.

Either Party may propose an Insubstantial Modification, consent to which shall not be unreasonably withheld, conditioned, or delayed by the other Party. Consent shall be deemed unreasonably withheld, conditioned, or delayed where the other Party does not provide its consent within thirty (30) days. Upon the written request of OWNER for a modification to this Agreement, the City Manager or designee shall determine, in the CITY Manager’s sole discretion but not to be unreasonably withheld: (1) whether the requested modification constitutes an “Insubstantial Modification,” as defined herein; (2) whether the requested modification is consistent with Applicable Rules (other than that portion of this Agreement sought to be modified); and (3) whether the requested modification tends to promote the goals of this Agreement. If the CITY Manager or designee determines that the requested modification is an “Insubstantial Modification” that is consistent with Applicable Rules and tends to promote the goals of this Agreement, the proposed modification will be approved by the CITY as an Insubstantial Modification, and a written modification will be executed by the Parties, recorded in the Recorder’s Office, and attached to this Agreement. Any such Insubstantial Modification shall not be deemed an “amendment” to this Agreement under Government Code Section 65858.
(b) Substantial Amendments. Except as otherwise described in Section 9(a) of this Agreement, amendments to this Agreement shall be “Substantial 92 CLICK HERE to Return to Agenda
31 62779493.v7
Amendments” which require notice and a public hearing pursuant to California Government Code Section 65868.
(c) Incorporation of Insubstantial Modifications into Agreement. City approval of (1) Insubstantial Modifications to a Project Approval, as defined in Section 9(a) of this Agreement, in conformity with Applicable Rules and this Agreement, shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into the Project and vested under this Agreement. Likewise, City approval of any Insubstantial Modification to any Exhibit to this Agreement shall not require a modification or amendment to this Agreement and shall automatically be deemed to be incorporated into this Agreement and vested hereunder.
(d) Parties Required to Amend. Where a portion of OWNER’s rights or obligations have been transferred, assigned, and assumed pursuant to Section 7 of this Agreement, the signature of the person or entity to whom such rights or obligations have been assigned shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such Transferee hereunder. In no event shall the signature or consent of any Non-Assuming Transferee be required to amend this Agreement.

10. PROCESSING OF REQUESTS AND APPLICATIONS.

Upon completion by OWNER of all required preliminary actions and payment of processing fees, if any, CITY shall proceed to process and check all applications for the Development of the Project within the times set forth in the Permit Streamlining Act (Government Code Section 65920 et seq.), the Subdivision Map Act (Government Code Section 66410 et seq.), and other applicable provisions of law, as the same may be amended from time to time.

Notwithstanding the foregoing, as provided in Section 4, no subsequently adopted Land Use Regulation (including, without limitation, any moratorium or other phasing of development) shall be applicable to and shall delay the acceptance or processing of any such application except in strict accordance with the Existing Land Use Regulations or Land Use Regulations adopted by CITY pursuant to the Reservations of Authority. As provided above, the standards applied in approving or disapproving such applications shall be as set forth in the Existing Land Use Regulations, subject to the Reservations of Authority.

11. DEFAULT, REMEDIES AND ESTOPPEL CERTIFICATES.

Unless canceled as provided herein, or modified or suspended pursuant to Government Code Section 65869.5 or terminated pursuant to this Section, this Agreement is enforceable according to its terms by either Party hereto.

11.1 Remedies in General.
(a) The Parties acknowledge that CITY would not have entered into this Agreement if it were to be liable in monetary damages of any kind whatsoever under or with respect to this Agreement, Project Approvals, or the application of any matters relating to any rights vested by virtue of this Agreement. As such, the Parties agree that declaratory and injunctive relief, mandate, and specific performance shall be OWNER’s sole and exclusive judicial remedies against CITY with respect to enforcement of the terms, provisions and conditions of this Agreement.
93 CLICK HERE to Return to Agenda
32 62779493.v7
(b) CITY shall not be liable for any monetary damages to OWNER, or to any Transferee of OWNER or any other person or entity, and OWNER covenants not to sue or bring any proceeding against CITY for any monetary damages, or claim any monetary damages against CITY, including but not limited to:
(1) any breach of, or which arises out of, this Agreement; (2) the taking, impairment or restriction of any right or interest conveyed or provided under this Agreement or pursuant hereto, including but not limited to claims for loss of use, pre-condemnation or condemnation damages, regulatory or actual taking of real property, severance damages, lost profits, and/or diminution in value of the Property or any portion thereof, or for any delay or inability of OWNER to develop or use the Property or any portion thereof arising under this Agreement;
(3) damages arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement, the Project Approvals, the Applicable Rules, or any future amendments or enactments thereto, or the Project, or any Development Approvals sought in connection with the Development of the Project or any component thereof, or use of a parcel or any portion thereof; and (4) Development and Development-related activities, including construction of improvements by OWNER or OWNER’s contractors or subcontractors, on the Property or any portion thereof.
(c) Notwithstanding the above, OWNER may be entitled to an award of attorney’s fees pursuant to Section 15.9 of this Agreement.

11.2 Termination of Agreement for Default by OWNER.

CITY may terminate this Agreement by written notice to OWNER for any failure of OWNER to perform any material duty or obligation of OWNER under, or to comply in good faith with the terms and conditions of, this Agreement (hereinafter referred to as “default”); provided however, CITY may terminate this Agreement pursuant to this Section only after providing written notice to OWNER of the default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within thirty (30) days after the effective date of such notice or, in the event that such default cannot be cured within such 30-day period but can be cured within a longer time, has failed to commence within such 30-day period the actions necessary to bring itself into compliance and to pursue diligently such steps to completion.

11.3 Termination of Agreement for Default by CITY.

OWNER may terminate this Agreement by written notice to CITY for any default by CITY under this Agreement after written notice to CITY advising of the nature of default by CITY and, where the default can be cured, CITY has failed to take such actions and cure such default within thirty (30) days after the effective date of such notice or, in the event that such default cannot be cured within such 30-day period but can be cured within a longer time, has failed to commence within such 30-day period the actions necessary to bring itself into compliance and to pursue diligently such steps to completion.

11.4 Termination by OWNER Prior to First Bond Sale.

Provided that OWNER is not in material default under this Agreement and notwithstanding any provisions in this Agreement to the contrary, OWNER shall have the right to terminate this 94 CLICK HERE to Return to Agenda
33 62779493.v7
Agreement by providing written notice to CITY in the event that OWNER reasonably determines, prior to the first sale of Bonds by any Financing District formed by CITY after Request by OWNER pursuant to Section 3.2 of this Agreement, that Development of the Project will not meet the Economic Expectations of OWNER and/or has become economically infeasible due to changed market conditions, increased Development costs, conditions to future discretionary approvals imposed by governmental entities, or similar factors. In the event of any such termination by OWNER, OWNER acknowledges that CITY may, in its discretion, restore the General Plan and other Land Use Regulations of the Property to the condition that existed prior to the adoption of the Existing Development Approvals. OWNER shall deliver to CITY no later than one hundred twenty (120) days prior to the anticipated City approval date, at a noticed public meeting of the City Council, for the first sale of Bonds by a Financing District written notice of OWNER’s determination whether to exercise its option to termination this Agreement under this Section 11.4, and, if OWNER does not timely deliver said notice to CITY, or OWNER does not expressly terminate this Agreement by reference to this Section in said notice, then OWNER shall be deemed to have elected not to terminate this Agreement, and the first sale of Bonds by the Financing District may proceed to closing. In no event shall OWNER have the right to terminate this Agreement pursuant to this Section 11.4 (a) after the first sale of Bonds by a Financing District, or (b) within 120 days of and on the actual City approval date, at a noticed public meeting of the City Council, for the first sale of Bonds by the Financing District. Upon sale and issuance of any Bonds by any Financing District, OWNER (and any Transferee of OWNER) shall have the obligation for payment of the Bonds pursuant to the CFD, CFD Policy, and any other applicable laws and contractual requirements arising from the sale and issuance of the Bonds.

Notwithstanding anything in this Section or Section 12.2 to the contrary, the termination of this Agreement shall not occur if the first sale and issuance of Bonds by a CFD occurs prior to OWNER exercising its rights pursuant to this Section 11.4, and OWNER shall have no right to terminate this Agreement for any second or subsequent sale of Bonds by a CFD formed by CITY after Request by OWNER pursuant to Section 3.2 of this Agreement.

11.5 Specific Performance.

The Parties acknowledge that monetary damages and remedies at law generally are inadequate due, in part, to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun and specific performance is a particularly appropriate remedy for the enforcement of this Agreement and should be available to both Parties based on the following reasons and facts:
(a) the unavailability of monetary damages against CITY provided in Section 11.1 above;
(b) OWNER’s Obligations provided for in this Agreement were bargained for by CITY and given in return for assurances by CITY to OWNER regarding the Existing Land Use Regulations (except as specified to the contrary herein, including the City’s Reservations of Authority) applicable to the Development of the Property, which assurances were in turn relied upon by OWNER in undertaking OWNER’s Obligations; (c) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun; after such implementation, OWNER may be prevented from other choices it may have had to utilize the Property, or portions thereof, and to provide other benefits to CITY.

OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this 95 CLICK HERE to Return to Agenda
34 62779493.v7
Agreement, and it is not possible to determine the sums of money that would adequately compensate OWNER for such efforts;
(d) The inability of OWNER to recover and receive back its capital investment in the Public Facilities to be provided to CITY as part of OWNER’s Obligations and to re-plan and provide for different uses of the Property once such facilities and infrastructure have been completed; and,
(e) The use of the Property for the purposes and uses described in the Development Plan is unique.

Further, the Parties acknowledge that for the reasons set forth above (particularly because of the lack of monetary damages available to OWNER), in connection with any judicial proceeding regarding the performance of this Agreement, rights, or the interests and duties of the Parties hereunder, it is appropriate for, and the Parties shall cooperate in requesting (whether by stipulations or otherwise) the court to proceed expeditiously and to retain jurisdiction until the underlying conflict or dispute has been fully resolved.

11.6 Appointment of Referee.

A Party initiating legal action hereunder may request that such action be heard by a referee appointed by the Riverside County Superior Court pursuant to the reference procedures of California Code of Civil Procedure Section 638 et seq. OWNER and CITY, in such case, shall use their best efforts to agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief, as permitted pursuant to this Agreement and appropriate under the circumstances of the controversy. The referee shall be a retired judge from either the California Superior Court, the California Court of Appeal, the California Supreme Court, the United States District Court or the United States Court of Appeals with significant and recent experience in resolving land use and real property disputes.

If OWNER and CITY are unable to agree upon a referee within ten (10) days of a written request to do so by any Party, any Party may seek to have a referee appointed pursuant to Section 640 of the California Code of Civil Procedure. The cost and fees of such proceeding including the referee’s fees and the court reporter’s fees (exclusive of the attorney’s fees and cost of the Parties) shall be borne equally by the Parties; provided, however, that the costs and fees for such proceeding, including any initiation fee, shall be ultimately borne in accordance with Section 15.9 of this Agreement. Any referee selected pursuant to this Section shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. The statement of decision of the referee shall be binding upon the parties, and upon filing of the statement of decision with the clerk of the court (or with the judge where there is no clerk), judgment may be entered thereon in the same manner as if the action had been tried by the court. The decision of the referee shall be appealable as if rendered by the court. In the event that an alternative method of resolving disputes concerning the application, enforcement or interpretation of development agreements is provided by legislative or judicial action after the Effective Date, the Parties may, by mutual agreement, select such alternative method.

11.7 Estoppel Certificates.

Either Party may at any time deliver written notice to the other Party requesting an estoppel certificate (the “Estoppel Certificate”) stating:
(a) The Agreement is in full force and effect and is a binding obligation of the Parties;
96 CLICK HERE to Return to Agenda
35 62779493.v7
(b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments (including Substantial Amendments and Insubstantial Modifications);
(c) That there has been no default in the performance of the requesting Party’s obligations under the Agreement or, if a default does exist, the nature and amount of any default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The City Manager may sign Estoppel Certificates on behalf of CITY, subject to review by the City Clerk and City Attorney. Any officer of OWNER may sign on behalf of OWNER. An Estoppel Certificate may be relied on by Transferees and Mortgagees of OWNER.

In the event that OWNER requests an Estoppel Certificate from CITY, OWNER may be required reimburse CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto, including reasonable attorneys’ fees for researching, preparing, and issuing an Estoppel Certificate.

12. THIRD PARTY LITIGATION.

12.1 Indemnification.

OWNER shall indemnify, defend, protect and hold harmless CITY, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind (“Third Party Claim”) and all costs and expenses incurred therewith subject to the limitations of this Section 12, that (a) alleges or results in any loss, liability, damage, compensation, fine, penalty, order, judgment, remedial action or requirement arising from the acts, omissions or operations of OWNER or OWNER’s agents, contractors, subcontractors and employees pursuant to this Agreement, including but not limited to the failure or alleged failure to pay prevailing wages for any Public Works constructed by or under the direction of OWNER or OWNER’s contractors and/or subcontractors pursuant to Section 3.3(c) above; or (b) seeks to attack, challenge, set aside, void, or annul the certification of the EIR, this Agreement or the ordinance approving this Agreement, any and all Project Approvals, the formation of the CFD or issuance of bonds thereunder, the dedication or conveyance of Potential Public Properties or Public Facilities pursuant to this Agreement, or any Subsequent Development Approvals. Notwithstanding the above, OWNER’s obligations under the preceding sentence shall not apply to Third Party Claims arising solely from (i) the intentional wrongful acts or willful misconduct of CITY or (ii) CITY’s breach of its obligations under this Agreement. With regard to alleged or actual failure to pay prevailing wages, OWNER, in giving this indemnification, acknowledges the provisions of California Labor Code Section 1781 and specifically waives any protection, rights or claims against CITY that may accrue to OWNER pursuant to California Labor Code Section 1781.

Nothing in this Section 12.1 shall be construed to relieve contractors or subcontractors of OWNER from their respective obligations to comply with applicable prevailing wage and labor laws.

12.2 Option to Terminate.

If, prior to the Vesting Date, a Third Party Claim is timely filed challenging any of the Project Site Development Permits, or, if, within the time periods for the filing of lawsuits, a Third Party Claim is timely filed challenging (i) the formation of a CFD, (ii) the Financing District’s approval of the first sale of Bonds by a CFD, or (iii) a sale, dedication or conveyance of any Potential Public Properties or Public Facilities which sale, dedication or conveyance occurs within the time period for filing a lawsuit challenging the Finance District’s approval of the first sale of those Bonds to finance said sale, dedication, or conveyance, then the Parties shall meet and confer concerning the potential impact of the Third Party Claim on this Agreement and the Development 97 CLICK HERE to Return to Agenda
36 62779493.v7
of the Project. Within thirty (30) days of such meeting, if OWNER determines that such Third Party Claim may have an unacceptable adverse impact on the Project, OWNER’ rights under this Agreement, or OWNER’s reasonable investment-based Economic Expectations in connection with the Project, OWNER may in its reasonable discretion terminate this Agreement by sending the CITY a written notice of such termination, and the Parties shall thereafter be relieved of any further obligations under this Agreement but subject to the OWNER’s obligations that survive any termination of this Agreement. OWNER acknowledges and agrees that if this Agreement is terminated by OWNER, CITY shall have no obligation to defend against such Third Party Claim and, at CITY’s discretion, may restore the General Plan and other Land Use Regulations for the Property to the conditions that existed prior to the adoption of the Existing Development Approvals. If OWNER terminates this Agreement pursuant to this Section 12.2, OWNER shall undertake all actions as are reasonable or necessary in order to have the Third Party Claim dismissed or otherwise finally resolved by entry of final judgment and decision on any appeals, and, (a) to the extent that CITY incurs any costs or attorneys’ fees in assisting OWNER in having the Third Party Claim dismissed or otherwise decided, or (b) if OWNER fails to have such claim dismissed or otherwise decided, and CITY incurs any costs or attorneys’ fees in having such claim dismissed or otherwise decided, OWNER shall be responsible for all reasonable legal expenses of CITY, including court costs and reasonable attorneys’ fees, incurred by CITY in so doing.

Notwithstanding anything in this Section or Section 11.4 to the contrary, the termination of this Agreement shall not occur if the first sale and issuance of Bonds by a CFD occurs prior to the dismissal or other resolution of any Third Party Claim challenging either the first sale of Bonds by a CFD or a sale, dedication or conveyance of any Potential Public Properties or Public Facilities which sale, dedication or conveyance is financed by that first sale of those Bonds. Furthermore, and notwithstanding any provisions in this Section or Section 11.4 to the contrary, OWNER’s indemnification and duty to defend obligations to the CITY in this Agreement, including in Section

12.1 and 12.3, shall survive any termination of this Agreement.

12.3 Defense of Third-Party Claims.

In the event of a Third-Party Claim, and if OWNER does not elect to terminate this Agreement pursuant to its rights under Section 12.2, OWNER shall defend CITY against the Third-Party Claim at OWNER’s expense with legal counsel reasonably approved by CITY; provided, however, that CITY may, in its discretion and upon notice to OWNER, select the legal counsel if OWNER is in default under this Agreement. With respect to any Third-Party Claim, if OWNER asks CITY to participate in the defense of that Third Party Claim, CITY shall participate and fully cooperate in a timely manner in the defense of said Third Party Claim. Even if not requested to do so, CITY may elect to participate in the defense of any Third-Party Claim. In either circumstance, CITY may select legal counsel reasonably approved by OWNER to represent CITY in the defense of such Third-party Claim and OWNER shall reimburse CITY for the reasonable costs and fees of that defense.

12.4 Cooperation and Cost Control.

Within ten (10) days after receiving or being notified of a Third-Party Claim, CITY shall notify OWNER of same. The Parties shall, in timely manner, fully cooperate with each other and their respective counsel (if CITY has retained counsel pursuant to Section 12.2 or 12.3 above) in defending against any Third-Party Claim, including the preparation of any applicable administrative record, the coordination of pleadings and briefs filed in the course of litigation, and the control of costs, expenses, and fees incurred in defending against the Third-Party Claim.

Among other reasonable means of controlling litigation costs, expenses and fees, in any action involving a Third-Party Claim for which OWNER is indemnifying CITY and OWNER is not in default under this Agreement, counsel for OWNER may be deemed lead counsel and counsel for CITY (if CITY has retained counsel pursuant to Section 12.2 or 12.3 above) shall make a good faith effort to avoid duplication of legal services and of other costs and expenses. The Parties shall 98 CLICK HERE to Return to Agenda
37 62779493.v7
cooperate in the preparation of any required administrative record in a reasonable and costeffective manner and shall consult with each other in good faith to ensure that unnecessary costs are not incurred in defending against a Third-Party Claim. So long as OWNER is not in default under this Agreement, CITY shall not enter into a settlement agreement as to any Third-Party Claim or otherwise compromise the defense of same without OWNER’s written consent. OWNER shall also have the right, subject to CITY’s consent not to be unreasonably withheld or delayed, to settle any such Third Party Claim, provided that OWNER may not settle such claim on terms that would reduce any of CITY’s rights under this Agreement or constitute an amendment or modification of this Agreement, the Existing Land Use Regulations, or the Development Plan, unless such amendment or modification is approved in advance by CITY in accordance with applicable legal requirements, and CITY reserves its full legislative discretion with respect to making such an approval.

12.5 No Recourse for Inability to Perform Due to Judicial Determinations.

CITY shall have no liability for general, special, or compensatory damages to OWNER, nor may the performance of CITY be compelled by OWNER (or any successor or assignee or Transferee of OWNER) for any failure of CITY to perform under this Agreement, or for the inability of OWNER to develop the Property as contemplated by the Development Plan and Schedule of Performance, which failure to perform or inability to develop is the result of a judicial determination that this Agreement, the General Plan, the Existing Development Approvals, or any Subsequent Development Approvals are invalid or inadequate or not in compliance with law, or that this Agreement or any of CITY’s actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the provisions of this Section 12.5, OWNER shall have the right to obtain a refund or return of any deposit made with CITY or fees paid to CITY in connection with the Development of the Project or other payments made under this Agreement to the extent that such deposit or fees or other payments have not been used by CITY in connection with its review or other actions related to the Project.

13. EFFECT OF AGREEMENT ON TITLE.

13.1 Covenants Run With the Land.
(a) Subject to the provisions of Sections 7 and 13 of this Agreement:
(1) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective Transferees, heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns; (2) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; (3) Each covenant to do or refrain from doing some act on the Property hereunder (A) is for the benefit of and is a burden upon every portion of the Property, (B) runs with the Property and every portion thereof, and (C) is binding upon each Party and each successive owner during its ownership of all or any portion of the Property, and each person having any interest therein derived in any manner through any owner of the Property, or any portion thereof, and shall benefit each Party and the Property hereunder, and each other person succeeding to an interest in all or any portion of the Property.
99 CLICK HERE to Return to Agenda
38 62779493.v7
(b) Notwithstanding any of the foregoing and subject to the provisions in Section 7 of this Agreement, any Transferee or Mortgagee which acquires any right or interest in or with respect to the Property or any portion thereof shall take and hold such rights and interests subject to this Agreement and shall not have been deemed to have assumed the OWNER’s Obligations or the other affirmative duties and obligations of OWNER hereunder except:
(1) To the extent that any of such Transferees or Mortgagees have expressly assumed any of the duties or obligations of OWNER hereunder; (2) If any such Transferee or Mortgagee accepts, holds, or attempts to exercise or enjoy the rights or interests of OWNER hereunder, it shall have assumed the obligations of OWNER and shall comply with the provisions in Section 7 of this Agreement to perfect such assumption the obligations of OWNER; and (3) Subject to any Transferee or Mortgagee complying with Section 7 of this Agreement, then, to the extent that the performance of any duty or obligation by OWNER is a condition precedent to the performance of a covenant by CITY, it shall continue to be a condition to performance by CITY hereunder.

13.2 No Dedication or Lien.

Nothing herein shall be construed as a dedication or transfer of any right or interest in, or as creating a lien with respect to, the title to the Property.

13.3 Constructive Notice and Acceptance.

Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Property.

14. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.

14.1 Mortgagee Protection.

This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property, or any portion thereof, by a Mortgagee (whether under or pursuant to a Mortgage, foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise), shall be subject to all of the terms and conditions contained in this Agreement.

14.2 Mortgagee Not Obligated.

Notwithstanding the provisions of Section 13.1(a) above, and unless expressly assumed by a Mortgagee pursuant to Section 13.1(b) and Section 7 of this Agreement, no Mortgagee shall have an obligation or duty under this Agreement to perform OWNER’s Obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; except that to the extent that any covenant to be performed by OWNER is a condition to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder.
100 CLICK HERE to Return to Agenda
39 62779493.v7

14.3 Notice of Default to Mortgagee; Right of Mortgagee to Cure.

If CITY receives notice from a Mortgagee requesting a copy of any notice of default given OWNER hereunder and specifying the address for service thereof, and records a copy of each request in the Recorder’s Office in the manner required under Civil Code Section 2924(b) with respect to Requests for Notices of Default (“Notice of Default”), then CITY shall deliver to such Mortgagee, concurrently with service thereon to OWNER, any notice given to OWNER with respect to any claim by CITY that OWNER has not complied in good faith with the terms of this Agreement or has committed an event of default. Each Mortgagee shall have the right (but not the obligation) to cure or remedy the claim of default or noncompliance set forth in CITY’s notice during the remaining cure period allowed OWNER pursuant to Section 11.2 of this Agreement; provided however that in the event that CITY does not deliver the Notice of Default to Mortgagee at the same time as such notice is delivered to OWNER, Mortgagee shall have the same cure rights as OWNER pursuant to Section 11.2 for the full cure period beginning upon the delivery of the Notice of Default to the Mortgagee. If the default is of a nature that can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or noncompliance within thirty (30) days after obtaining possession. If any such default or noncompliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure.

14.4 Bankruptcy.

Notwithstanding the foregoing provisions of Section 14, if any Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving OWNER, the times specified in Section 14.3 for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition, provided that such Mortgagee is proceeding expeditiously to terminate such prohibition and in no event for a period longer than one year.

15. MISCELLANEOUS PROVISIONS.

15.1 Recordation of Agreement.

This Agreement and any amendment or cancellation hereof shall be recorded in the Recorder’s Office by the Clerk of the City Council within the period required by Section 65868.5 of the Government Code.

15.2 Severability.

If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement, unless and to the extent the rights and obligations of any Party have been materially altered or abridged by such holding. Nothing contained in this Subsection shall be deemed to diminish OWNER’s right to terminate under Sections 11 and 12.2 above.

15.3 Governing Law; Venue.

This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles. 101 CLICK HERE to Return to Agenda
40 62779493.v7
Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of Riverside County, or the United States District Court for the Central District of California, and the Parties waive all provisions of law providing for the removal or change of venue to any other court.

15.4 Section Headings.

All Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

15.5 Singular and Plural.

As used herein, the singular of any word includes the plural.

15.6 Time of Essence.

Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

15.7 Waiver.

Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by any other Party, or the failure by a Party to exercise its rights upon the default of another Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

15.8 Force Majeure.

No Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond such Party’s control, government regulations or court actions (such as restraining orders or injunctions) beyond such Party’s control (each, an “Event of Force Majeure”). If any such events shall occur, the term of this Agreement and the time for performance by a Party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years or for a period that would cause this Agreement or the provisions hereof to be void as violating the rule against perpetuities.

Notwithstanding anything to the contrary in this Agreement, an extension of time for an Event of Force Majeure shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause, or shall commence to run from the date such notice is subsequently given. Times of performance under this Agreement may also be extended in writing by the mutual agreement of CITY and OWNER.

Furthermore, an Event of Force Majeure expressly does not include an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the Development of the Site, or because of economic or market conditions.

15.9 Attorneys’ Fees.

In any judicial proceeding, reference, mediation or other dispute resolution proceeding between the Parties seeking enforcement of any of the terms and provisions of this Agreement 102 CLICK HERE to Return to Agenda
41 62779493.v7
against the other Party, the prevailing Party in such proceeding shall recover its reasonable costs and expenses (as determined by a court or referee or other neutral arbitrator/mediator overseeing any dispute resolution proceeding) including but not limited to expert witness fees, attorneys’ fees, costs of investigation and preparation prior to the administrative or judicial hearing, and its contribution for the costs of the referee as provided in Section 11.6. The right to apply for recovery of such costs and expenses shall accrue upon commencement of the proceeding, regardless of whether the dispute is prosecuted to a final judgment or decision.

15.10 Mutual Covenants.

The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

15.11 Conveyances.

Conveyances of the Property or portions thereof required or permitted pursuant to the terms of this Agreement (including without limitation any open space or park lands to be conveyed to CITY), shall not include any mineral, oil, gas, hydrocarbon or other substances of every type and nature, in, under or on the Property excepted and reserved by and unto Hofmann Development Company under which OWNER acquired its ownership interest in the Property.

15.12 Relationship of Parties.

CITY and OWNER hereby renounce the existence of any form of agency, joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making CITY and OWNER joint venturers, partners or agents of one another.

15.13 Notices.

Any notice required or provided for under this Agreement shall be in writing and delivered in person to an officer of any Party, or sent by Federal Express, private commercial delivery or courier service for next business day delivery, or may be deposited in the United States mail, duly certified or registered, return receipt requested, with postage prepaid, and addressed to the other Party, as follows:

If to CITY: City of La Quinta
78495 Calle Tampico
La Quinta, California 92253
Attn: City Clerk
Attn: Director of Design & Development Dept.

Email: [email protected]
Phone: (760) 777-7000
with a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attn: William H. Ihrke, Esq.

Email: [email protected]
Phone: (714) 641-5100
If to OWNER: Travertine Corporation
c/o Hofmann Land Development Company, LLC
103 CLICK HERE to Return to Agenda
42 62779493.v7
3000 Oak Rd, Suite 600
Walnut Creek, CA 94597
Attn: Louis Miramontes
Email: [email protected]
Phone: (925) 588-2000
with a copy to: TRG Land, LLC
893 Production Place
Newport Beach, CA 92663
Attn: Mark Rogers
Email: [email protected]
Phone: (949) 722-0634
with a copy to: Nossaman
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
Attn: Gregory W. Sanders, Esq.

Fax: (949) 833-7878
Phone: (949) 833-7800
Notice may also be given by electronic mail (“E-mail”) or facsimile transmission (“Fax”) to any Party at the respective Fax number if given above and marked “RUSH - PLEASE DELIVER IMMEDIATELY,” provided receipt of such transmission shall be confirmed by follow-up notice within seventy-two (72) hours by another method authorized above. Any Party hereto may from time to time, by written notice to the other Parties as required herein, designate a different address that shall be substituted for the one above specified. Notice by any method shall be deemed served or delivered only upon actual receipt at the address, E-mail address or Fax number listed above.

Any notice given as required herein shall be deemed given upon receipt or, if sent by United States mail as provided above, seventy-two (72) hours after deposit in the United States mail or upon receipt.

15.14 Further Actions and Instruments.

Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The Parties may, by mutual agreement, make such interpretations, clarifications, or minor modifications to the provisions of this Agreement as may be necessary to resolve ambiguities that may arise in the implementation of this Agreement without amending this Agreement so long as such additional or different requirements are consistent with the general intent and purpose of this Agreement.

15.15 Successors and Assigns.

Subject to the provisions of Sections 7 and 14, the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and assigns.

15.16 Counterparts.

This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if each of the Parties had executed the same instrument.
104 CLICK HERE to Return to Agenda
43 62779493.v7

15.17 Authority to Execute.

OWNER represents and warrants that: (a) it is duly organized and existing; (b) it is duly authorized to execute and deliver this Agreement; (c) by so executing this Agreement, OWNER is formally bound to the provisions of this Agreement; (d) OWNER’s entry into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which OWNER is bound; and (e) there is no existing or threatened litigation or legal proceeding of which OWNER is aware that could prevent OWNER from entering into or performing its obligations set forth in this Agreement.

15.18 Entire Agreement.

This Agreement, together with its exhibits, sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter contained herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein and no testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. [Signature Page Attached]
105 CLICK HERE to Return to Agenda
44 62779493.v7
[Signature Page to Development Agreement]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above.

CITY:

CITY OF LA QUINTA,
a California municipal corporation
By: __________________________
Jon McMillen, City Manager
ATTEST:
______________________________
Monika Radeva, City Clerk
APPROVED AS TO FORM:
______________________________
William H. Ihrke, City Attorney
OWNER:

TRAVERTINE CORPORATION,
a Minnesota company
By:_________________________________
Name: ______________________________
Title: _______________________________
By:_________________________________
Name: ______________________________
Title: _______________________________
106 CLICK HERE to Return to Agenda
45 62779493.v7

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

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

WITNESS my hand and official seal.

Notary Public
107 CLICK HERE to Return to Agenda
A46
62779493.v7

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

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

WITNESS my hand and official seal.

Notary Public

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

WITNESS my hand and official seal.

Notary Public
108 CLICK HERE to Return to Agenda
A1
62779493.v7

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

LEGAL DESCRIPTION
PARCEL 1: (APN'S: 766-110-003 AND 766-120-001)
THE WESTERLY 300.00 FEET OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF;
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 33;
THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF, 1452.00 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID WESTERLY LINE, 300.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES, 1452.00 FEET TO THE SOUTHERLY LINE OF SAID SECTION 33;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE 300.00 FEET TO THE POINT OF BEGINNING;

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE UNITED STATES OF AMERICA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 33, THE NORTHWEST CORNER OF SAID SECTION 33 BEARS NORTH 00 DEG 01' 00" WEST, 920.00 FEET; THENCE NORTH 89 DEG 26' 27" EAST 300 FEET;
THENCE SOUTH 00 DEG 01' 00" EAST 400.00 FEET;
THENCE SOUTH 89 DEG 29' 45" WEST 300.00 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4;
THENCE NORTH 00 DEG 01' 00" WEST 400.00 FEET ALONG THE WEST LINE OF SAID SECTION 33 TO THE POINT OF BEGINNING;

ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 33, DISTANT THEREON SOUTH 0 DEG 01' 00" EAST, 1320.00 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE NORTH 89 DEG 29' 45" EAST, 300.00 FEET TO THE EASTERLY LINE OF THE WESTERLY 300.00 FEET OF SAID SECTION 33;
ALSO EXCEPTING THEREFROM THE WESTERLY 30.00 FEET THEREOF.

PARCEL 2: (APN: 766-110-004)
THE NORTH 3/5 OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY. THE SOUTH LINE OF SAID NORTH 3/5 BEING PARALLEL TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33; EXCEPT THE WESTERLY 300.00 FEET THEREOF.

PARCEL 3: (APN: 766-110-007)
THE WEST 3/5TH OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN 109 CLICK HERE to Return to Agenda
A2
62779493.v7

BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY. THE EAST LINE OF SAID WEST 3/5 BEING PARALLEL TO THE WEST LINE

OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 33;
EXCEPTING THEREFROM THE NORTHERLY 100.00 FEET OF THE WESTERLY 400.00 FEET THEREOF;

ALSO EXCEPTING THEREFROM AN UNDIVIDED HALF INTEREST IN AND TO ALL

OIL, GAS AND HYDROCARBON SUBSTANCES AND ALL MINERALS, WHETHER

METALLIC OR NON-METALLIC, IN, UNDER OR ON, OR WHICH MAY BE PRODUCED,

EXTRACTED OR REMOVED FROM SAID LANDS, WHICH INTEREST IS SO LIMITED,

HOWEVER, THAT THE OWNERS THEREOF HAVE NO RIGHT OF INGRESS, EGRESS OR

REGRESS IN, OVER OR ACROSS, OR RIGHT TO DRILL, EXPLORE FOR, MINE OR

REMOVE SAID OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND

MINERALS BY OPERATIONS ON THE SURFACE OF SAID LAND, BUT HAVE THE

RIGHT TO EXPLORE FOR, MINE AND REMOVE SAID OIL, GAS AND OTHER

HYDROCARBON SUBSTANCES AND MINERALS FROM SAID REAL PROPERTY A

DEPTH OF FIVE HUNDRED FEET OR MORE BELOW THE SURFACE OF SAID REAL

PROPERTY BY SLANT DRILLING, SHAFTS, TUNNELS, OR OTHER MEANS OR OPERATIONS ON OR FROM LAND OTHER THAN SAID LAND.

PARCEL 3A:

A NON-EXCLUSIVE EASEMENT OVER, UNDER AND UPON EACH OF THE TWO STRIPS

OF REAL PROPERTY HEREINAFTER DESCRIBED FOR THE CONSTRUCTION,

MAINTENANCE, REPAIR, REPLACEMENT AND USE FOR ALL PEDESTRIAN AND

VEHICULAR TRAFFIC OF A ROAD AND OF WATER AND ELECTRICITY

TRANSMISSION PIPES, LINES AND ALL EQUIPMENT AND FACILITIES, AND OTHER UTILITIES;
SAID STRIPS OF REAL PROPERTY ARE DESCRIBED AS FOLLOWS:

THE WESTERLY 30.00 FEET AND THE SOUTHERLY 30.00 FEET OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO

BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF;
EXCEPTING THEREFROM THE NORTHERLY AND EASTERLY 30.00 FEET THEREOF.

PARCEL 4: (APN: 766-110-009)

THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY THEREOF;

EXCEPTING THEREFROM AN UNDIVIDED HALF INTEREST IN AND TO ALL OIL, GAS

AND HYDROCARBON SUBSTANCES AND ALL MINERALS, WHETHER METALLIC OR

NON-METALLIC, IN, UNDER OR ON, OR WHICH MAY BE PRODUCED, EXTRACTED

OR REMOVED FROM SAID LANDS, WHICH INTEREST IS SO LIMITED, HOWEVER,

THAT THE OWNERS THEREOF HAVE NO RIGHT OF INGRESS, EGRESS OR REGRESS

IN, OVER OR ACROSS, OR RIGHT TO DRILL, EXPLORE FOR, MINE OR REMOVE SAID

OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS BY

OPERATIONS ON THE SURFACE OF SAID LAND, BUT HAVE THE RIGHT TO EXPLORE

FOR, MINE AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON SUBSTANCES

AND MINERALS FROM SAID REAL PROPERTY A DEPTH OF FIVE HUNDRED FEET OR 110 CLICK HERE to Return to Agenda
A3
62779493.v7

MORE BELOW THE SURFACE OF SAID REAL PROPERTY BY SLANT DRILLING,

SHAFTS, TUNNELS, OR OTHER MEANS OR OPERATIONS ON OR FROM LAND OTHER THAN SAID LAND.

PARCEL 5: (APN: 766-120-002)
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 33;
THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF, 1452.00 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID WESTERLY LINE, 300.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES, 1452.00 FEET TO THE SOUTHERLY LINE OF SAID SECTION 33;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE 300.00 FEET TO THE POINT OF BEGINNING.

PARCEL 6: (APN: 766-120-003)
THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF;
EXCEPTING THEREFROM THE WESTERLY 300 FEET THEREOF;
ALSO EXCEPTING AN UNDIVIDED THREE-SIXTHS (3/6) INTEREST IN AND TO ALL

OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES, AND ALL MINERALS,

WHETHER METALLIC OR NONMETALLIC, IN, UNDER OR ON OR WHICH MAY BE PRODUCED, EXTRACTED OR REMOVED FROM SAID REAL PROPERTY.

PARCEL 7: (APN: 766-120-015)

THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER, AND THE WEST 880 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.

PARCEL 8: (APN: 753-050-007)

THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 7 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.

PARCEL 9: (APN: 753-040-017)

THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 7 SOUTH, RANGE 7 EAST, SAN BERNARDINO

BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.

PARCEL 10: (APN: 753-040-014)

THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 7 SOUTH, RANGE 7 EAST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.

PARCEL 11: (APN: 753-050-029)
111 CLICK HERE to Return to Agenda
A4
62779493.v7

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

PARCEL 12: (APN: 753-060-003)
ALL OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE

AND MERIDIAN,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF; EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4;
THENCE SOUTH 89 DEG 50' 58" EAST ALONG THE SOUTHERLY LINE OF SAID SECTION 4 A DISTANCE OF 2644.21 FEET TO THE SOUTH QUARTER CORNER OF SECTION 4;
THENCE SOUTH 89 DEG 49' 39" EAST CONTINUING ALONG SAID SOUTHERLY LINE OF SECTION 4 A DISTANCE OF 1091.02 FEET;
THENCE NORTH 01 DEG 08' 54" WEST A DISTANCE OF 301.93 FEET; THENCE NORTH 26 DEG 40' 44" WEST A DISTANCE OF 583.47 FEET; THENCE NORTH 18 DEG 03' 05" WEST A DISTANCE OF 913.94 FEET; THENCE NORTH 62 DEG 19' 09" WEST A DISTANCE OF 523.06 FEET; THENCE NORTH 55 DEG 53' 25" WEST A DISTANCE OF 545.46 FEET; THENCE SOUTH 86 DEG 15' 16" WEST A DISTANCE OF 668.56 FEET; THENCE SOUTH 74 DEG 18' 58" WEST A DISTANCE OF 248.98 FEET; THENCE SOUTH 47 DEG 47' 20" WEST A DISTANCE OF 285.54 FEET; THENCE SOUTH 37 DEG 17' 03" WEST A DISTANCE OF 352.51 FEET; THENCE SOUTH 89 DEG 55' 17" WEST A DISTANCE OF 268.28 FEET; THENCE SOUTH 73 DEG 28' 11" WEST A DISTANCE OF 330.60 FEET; THENCE SOUTH 44 DEG 46' 57" WEST A DISTANCE OF 235.15 FEET; THENCE SOUTH 28° 57' 52" WEST A DISTANCE OF 399.38 FEET; THENCE SOUTH 13 DEG 40' 56" WEST A DISTANCE OF 38.51 FEET MORE OR LESS TO THE WESTERLY LINE OF SAID SECTION 4;
THENCE SOUTH 00 DEG 55' 20" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 999.40 FEET TO THE POINT OF BEGINNING;

EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERAL DEPOSITS,

TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE THE SAME, ACCORDING TO THE PROVISIONS OF THE ACT OF CONGRESS APPROVED JUNE 1, 1938 (52 STAT. 609), AS RESERVED IN THE PATENT RECORDED SEPTEMBER 18, 1992 AS INSTRUMENT NO. 352836 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 13: (APN: 753-040-016)

THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 7 SOUTH, RANGE 7 EAST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.

EXCEPTING THEREFROM 1/2 OF ALL MINERAL RIGHTS BY DEED RECORDED DECEMBER 12, 1984 AS INSTRUMENT NO. 84-265643 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL 14: (APN'S: 766-120-006 AND 766-120-016)

THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST

QUARTER, AND THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE 112 CLICK HERE to Return to Agenda
A5
62779493.v7
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.

EXCEPTING THEREFROM, THAT PORTION CONVEYED TO COACHELLA VALLEY WATER DISTRICT, PER DOCUMENT RECORDED NOVEMBER 12, 2008 AS INSTRUMENT NO. 2008-0597136, OF OFFICIAL RECORDS.

PARCEL 15: (APN: 766-120-018)
BEING A PORTION OF PROPERTY AS DESCRIBED IN PARCEL 3 OF QUITCLAIM DEED RECORDED MARCH 2, 2006 AS INSTRUMENT NO. 2006-0152345, OFFICIAL RECORDS

OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN (S.B.M.), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL "A"

COMMENCING AT THE CENTER-SOUTH ONE SIXTEEN CORNER OF SAID SECTION 33;
THENCE NORTH 89°46'28" EAST 880.00 FEET ALONG THE NORTH LINE OF THE SOUTH ONE HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89°46'28" EAST 121.48 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00°11'01" EAST 660.95 FEET;

THENCE ALONG THE SOUTH LINE OF THE NORTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 SOUTH LINE SOUTH 89°47'10" WEST 121.48 FEET;
THENCE LEAVING SAID SOUTH LINE NORTH 00°11'01" WEST 660.92 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 16: (APN: 766-120-021)

BEING A PORTION OF PROPERTY AS DESCRIBED IN QUITCLAIM DEED RECORDED MARCH 12, 2008 AS INSTRUMENT NO. 2008-0121018, OFFICIAL RECORDS OF

RIVERSIDE COUNTY, STATE OF CALIFORNIA, LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN (S.B.M.), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL "A"

COMMENCING AT THE SOUTHEAST CORNER OF THAT REAL PROPERTY AS DESCRIBED IN SAID INSTRUMENT NO. 2008-0121018, ALSO BEING A POINT ON THE EAST SECTION LINE OF SAID SECTION 33;
THENCE SOUTH 89°47'10" WEST 129.91 FEET ALONG THE NORTH LINE OF THE

SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89°47'10" WEST 224.62 FEET

TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 113 CLICK HERE to Return to Agenda
A6
62779493.v7
802.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 38°23'25" WEST;

THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 360.07 FEET THROUGH A CENTRAL ANGLE OF 25°43'25", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 64°06'50" EAST;
THENCE SOUTH 00°14'08" EAST 277.63 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 17: (APN: 766-120-023)

THAT PORTION OF THE PROPERTY DESCRIBED IN QUITCLAIM DEED RECORDED MARCH 2, 2006 AS
INSTRUMENT NO. 2006-0152345, AS PARCEL 5, OFFICIAL RECORDS, RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN (S.B.M.), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33;
THENCE NORTH 00°14'08" WEST 661.28 FEET ALONG THE EAST LINE OF SAID SECTION 33 TO THE SOUTHEAST CORNER OF SAID PROPERTY, ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EAST LINE SOUTH 89°47'10" WEST 129.91 FEET ALONG THE SOUTH LINE OF SAID PROPERTY;
THENCE LEAVING SAID SOUTH LINE NORTH 00°14'08" WEST 661.25 FEET TO A POINT ON THE NORTH LINE OF SAID PROPERTY;
THENCE NORTH 89°46'28" EAST 129.92 FEET ALONG SAID NORTH LINE TO THE

NORTHEAST CORNER THEREOF, ALSO BEING A POINT ON THE EAST LINE OF SAID SECTION 33;
THENCE SOUTH 00°14'08" EAST 661.28 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL 18: (APN: 764-280-057)

THAT PORTION OF THE PROPERTY DESCRIBED IN GRANT DEED RECORDED FEBRUARY 10, 2005 AS INSTRUMENT NO. 2005-0113798, OFFICIAL RECORDS,

RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN (S.B.M.), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 34; THENCE NORTH 89°48'23" EAST 101.24 FEET ALONG CENTER SECTION LINE OF SAID SECTION 34; THENCE LEAVING SAID CENTER SECTION LINE SOUTH 00°12'45" WEST

10.19 FEET;
THENCE SOUTH 20°12'35" EAST 13.99 FEET;
THENCE SOUTH 00°37'20" WEST 248.84 FEET;
THENCE SOUTH 01°19'43" EAST 90.88 FEET;
114 CLICK HERE to Return to Agenda
A7
62779493.v7
THENCE SOUTH 00°09'35" WEST 228.86 FEET;
THENCE SOUTH 02°58'47" WEST 61.50 FEET;
THENCE SOUTH 01°34'58" WEST 8.01 FEET TO THE SOUTHERLY PROPERTY LINE AS DESCRIBED WITHIN SAID GRANT DEED;
THENCE SOUTH 89°48'15" WEST 98.67 FEET ALONG SAID SOUTHERLY PROPERTY

LINE TO A POINT ON THE CENTERLINE OF MADISON STREET, ALSO BEING THE WEST LINE OF SAID SECTION 34;
THENCE NORTH 00°14'08" WEST 661.28 FEET ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING.

PARCEL 19: (APN'S: 764-280-059 AND 764-280-061)

THAT PORTION OF THE PROPERTIES AS DESCRIBED IN GRANT DEEDS RECORDED FEBRUARY 18, 1997 AS INSTRUMENT NO. 053692 AND 053694, BOTH OFFICIAL

RECORDS, RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN (S.B.M.), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34;
THENCE NORTH 00º14'08" WEST 30.00 FEET ALONG THE CENTERLINE OF MADISON STREET, ALSO BEING THE WEST LINE OF SAID SECTION 34 TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00º14'08" WEST 1953.83 FEET ALONG SAID CENTERLINE TO A POINT ON THE NORTHERLY LINE OF SAID INSTRUMENT NO. 053692;
THENCE LEAVING SAID CENTERLINE NORTH 89º48'15" EAST 98.67 FEET ALONG SAID NORTHERLY LINE;
THENCE SOUTH 01º34'58" WEST 156.30 FEET; THENCE SOUTH 00º29'17" WEST 362.12 FEET; THENCE SOUTH 01º36'06" WEST 205.42 FEET; THENCE SOUTH 00º56'31" EAST 180.24 FEET; THENCE SOUTH 00º04'19" EAST 631.61 FEET; THENCE SOUTH 01º10'49" WEST 168.30 FEET; THENCE SOUTH 03º03'00" EAST 25.26 FEET; THENCE SOUTH 00º46'14" WEST 176.88 FEET;
THENCE SOUTH 27º28'20" EAST 54.03 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF AVENUE 62 AS DESCRIBED BY DEED RECORDED APRIL 17, 1959 AS INSTRUMENT NO. 32692, OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 89º47'50" WEST 101.67 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.
115 CLICK HERE to Return to Agenda
B-1
62779493.v7

EXHIBIT B

SITE MAP
116 CLICK HERE to Return to Agenda
62779493.v7

EXHIBIT C

EXISTING LAND USE REGULATIONS
A. Existing Development Approvals:

1. Environmental Impact Report State Clearing House No. (SCH#) 2018011023, certified by City Council Resolution No. 2024-033.

2. General Plan Amendment No. GPA 2017-0002, adopted by City Council Resolution No. 2024-034.

3. Specific Plan No. SP 2017-0004, adopted by City Council Resolution No. 2024-034.

4. Zone Change No. ZC 2017-0002, adopted by City Council Ordinance No. 616 (2024).

6. Tentative Subdivision Tract Map No. 37387, adopted by City Council Resolution No. 2024-034.

B. Other Existing Land Use Regulations:

1. Charter for the City of La Quinta

2. General Plan of the City of La Quinta

3. The La Quinta Zoning Ordinance [Title 9 of the La Quinta Municipal Code] applicable to the Property (including but not limited to the zoning regulations attached as Appendix 1 to Specific Plan No. SP 2017-0004 that permit the use of portions of the Property for the Operations and Servicing Activities for CVWD)

4. The La Quinta Greenhouse Gas Reduction Plan, adopted February 19, 2013 * * *
[Note: City and Owner to determine how to best maintain copies of the above documents for future reference as referenced in the Agreement.]
117 CLICK HERE to Return to Agenda
D-1
62779493.v7

EXHIBIT D

DESCRIPTION OF PUBLIC BENEFITS
The public benefits to be received by CITY and its residents as a result of this Agreement include, without limitation, the following:

1. Fiscal Contributions
A. Expansion of Real Property Tax Base and Resulting Revenues: Development of the Project is projected to increase the property tax base within the City by $630.7 million, and would generate nearly $6.0 million per year in new General Fund revenue for the City at full buildout of the project (and thereafter) (not including inflation and appreciation). Based on the Travertine Specific Plan (“TSP” or “Specific Plan”) as proposed and the July 27, 2023 Fiscal Impact Analysis (“2023 FIA”), projected increased revenue sources to CITY in 2023 values include, but are not limited to:
i. Increased Property Tax Revenues: Increased annual property taxes to the City of approximately $1.4 million (not including inflation and appreciation) at full buildout. ii. Construction Related Fee Revenue: The City will receive a projected $11,599,949.00 in estimated revenues [according to the 2023 FIA] to pay for plan check, inspections and other building/infrastructure fees.
iii. Transient Occupancy Tax: The City will receive approximately $980,000 per year in transient occupancy taxes from TSP resort uses and approximately $2.2 million per year in transient occupancy taxes from TSP short-term rentals. iv. Positive Fiscal Impacts: While there are no anticipated deficits to the General Fund caused by the Project, should any project related deficit occur, such amounts will be reimbursed by OWNER pursuant to Paragraph 1.B below and Section 3.7 of the Agreement. v. Net Positive Revenue Impact: Projected $2.0 million annual net positive impact to the City’s revenues (at full buildout of the project, not including inflation and appreciation)
B. Fire, Police and Emergency Services: OWNER will cause the following contributions for emergency services to CITY to be paid by OWNER or a Financing District if and when duly established in accordance with the Agreement:
i. Development related public safety expenditures: OWNER will cause the difference to be paid into the CITY’s general fund. If this fiscal impact to CITY’s general fund caused by the Project occurs, it will be funded through payment of an annual “Annual Impact Fee”.

The Annual Impact Fee may be paid either by the OWNER or through a Financing District. The amount of the Annual Impact Fee will be determined by the CITY on an annual basis throughout the Term of the Agreement, comparing the annual revenues received into the City’s General Fund generated from the Project and the revenues estimated in the 2023 FIA. The CITY will calculate the amount for the Annual Impact Fee in such a manner so that any Impact Fees that have been paid by OWNER at the time when those Impact Fees were due and payable to the CITY are accounted for as contributing revenues that had been estimated in the 2023 FIA. The CITY and OWNER will coordinate in good faith for the process under which the Annual Impact Fee will be calculated by the CITY and paid by OWNER.
118 CLICK HERE to Return to Agenda
D-2
62779493.v7
ii. New Fire Station Servicing Project and Surrounding Area: Development of the Project and the Property has been identified pursuant to that certain Fire Access Master Plan (Approved 9/22/2020) as requiring the construction, equipping and placing in service of a new fire station. The Conditions of Approval for Project Site Development Permits, Condition No. 82, requires the participation of each and every landowner in contributing its fair share of the cost of construction of a fire station to serve the project. Payment of each landowner’s fair share contribution, if not otherwise agreed upon by the OWNER and the CITY and memorialized in a recorded covenant pursuant to Condition No. 82, shall be accomplished through the Financing District.

C. School Facilities Modernization: Pursuant to and at the times provided in separate agreements with the Coachella Valley Unified School District and the Desert Sands Unified School District (collectively, “Districts”), OWNER will pay school impact fees of approximately $4.79 / square foot (residential fee) for such staffing and/or expansion and modernization of school facilities as may be identified by the District and agreed to by OWNER.

D. County Library Equipment: Prior to issuance of a certificate of occupancy for the first residential dwelling unit within the Project, OWNER will contribute the required fee, estimated to be approximately $466,783.00 [according to the 2023 FIA], to the County of Riverside Public Library.

2. Dedication/Preservation of Public Park, Trails and Open Space A. Public Facilities: OWNER will convey 0.9 gross acres to CITY for use as a public facility (such as trail head parking).

B. Improvement of Trail Head Parking:

C. Trails: As provided in the TSP, OWNER will develop a publicly-accessible trail system on over 6.4 acres within the Project, providing connectivity to open space, surrounding public recreation facilities, and trails. The trail system, which will include a scenic promenade and network of sidewalks and multi-use trails, will be constructed in phases as the Project is developed. The trail system shall remain accessible to the general public in perpetuity and shall be made available in the same manner as if it were a public trail system, subject to such reasonable rules and regulations as established from time to time by the homeowner’s association responsible for ownership and maintenance of the trail system.

D. Open Space Preservation; Habitat Reserve: As provided in the TSP, approximately 301.2 acres of land within the Project will be used for open space uses. Of the 301.2 acres, there will be approximately 2.3 acres dedicated to domestic water facilities owned and operation by CVWD. Furthermore, there will be approximately 100 additional acres purchased which will provide habitat for Peninsular bighorn sheep (Ovis canadensis nelsoni), a federally-designated threatened species, and other species ( “Habitat Reserve”). The Habitat Reserve will be managed and monitored in perpetuity under an endowment funded by OWNER at no cost to CITY. The Habitat Reserve will be restricted by a conservation easement, deed restriction or similar restriction to ensure its preservation as a habitat area as required by the United States Fish and Wildlife Service or other applicable resource agency.

E. Maintenance Responsibilities Regarding Park, Trails and Open Space: Paragraph 5 below provides a breakdown of the various maintenance responsibilities of the Parties regarding roadways, infrastructure, park, open space and other improvements. 119 CLICK HERE to Return to Agenda
D-3
62779493.v7
F. Financing District: All reasonable costs of CITY related to the formation of any Financing District contemplated by this Agreement will be paid by OWNER or reimbursed by the Financing District as more specifically described in Exhibit F. Any such Financing District may include all or a portion of the Project. CITY shall not be responsible for any Financing District obligations except as otherwise provided in Exhibit F.

3. Circulation Improvements
A. Public and Private Streets within Project: The extension of Jefferson Street and Avenue 62 (as shown on the TSP) and any streets with a back-of-curb to back-of-curb width of 36 feet wide or greater shall be acquired by, or conveyed to CITY in as public rights-of-way from back-of-curb to back-of-curb upon completion of construction in compliance with plans therefor approved by CITY. Other streets within the Project may be maintained by a homeowner’s association at no cost to CITY, and, if any such street is private, CITY will permit it to be gated.

B. Construction and Funding of Circulation Improvements. The construction and funding for the circulation improvements referenced in Paragraph 3.C (the “Jefferson Street Improvements”), Paragraphs 3.D (the “Avenue 62 Improvements”), and 3.E below (the “Other Circulation Improvements”) shall be as follows:
i. Jefferson Street Improvements: No later than prior to the issuance of the 601st certificate of occupancy for a residential dwelling unit within the Project, OWNER shall substantially complete OWNER’s share of the Jefferson Street Improvements (based upon the segment of roadway specified in this Paragraph 3 and as further illustrated on Exhibit D-1 attached hereto, which segment is the same as what is specified in Appendix M.1, Section 4.16 of the EIR,) as said improvements are described in the Traffic Study for the Travertine Residential Project, La Quinta dated September 27, 2021 (the “Traffic Report”). In the event that construction of OWNER’s share of the Jefferson Street Improvements requires that OWNER also construct any portion of CITY’s share of said improvements as described in the Traffic Report (the “City Portion”), then OWNER shall set up separate accounting for the construction of the City Portion and construct the City Portion at OWNER’s cost, subject to reimbursement by CITY through one or more of the following: (a) payment to OWNER by CITY from its general fund or other funds available to CITY in the amount of the actual cost of the CITY Portion constructed by OWNER (the “CITY Share”), (b) issuance by CITY to OWNER of credits equal to the CITY Share to be applied against payment of Development Impact Fees, as defined in the Agreement, or (c) payment by CITY of funds deposited by OWNER for the Other Circulation Improvements specified in Paragraph 3.E below from the escrow account established pursuant to Paragraph 3.B(iii) below.

CITY shall pay the CITY Share to OWNER or issue the Development Impact Fees credits to OWNER within thirty (30) days of CITY’s receipt of OWNER’s invoice for the CITY Share, together with backup information substantiating how the CITY Share of the actual construction costs of the CITY Portion was determined.
ii. Avenue 62 Improvements. Prior to City’s certification of grading for Phase A of the Project, OWNER shall substantially complete, the Avenue 62 Improvements described in Paragraph 3.D below.
iii. Other Circulation Improvements. The Other Circulation Improvements described in Paragraph 3.E below shall be constructed by CITY at such time as determined by CITY. The parties agree that CITY shall determine the order of priority in which it constructs the Other Circulation Improvements. OWNER’s “Fair Share” of the Other Circulation Improvements shall be the portion of the cost of such improvements based upon the segment of roadway as specified in this Paragraph 3 and as further illustrated on Exhibit D-1 attached hereto. OWNER shall either (a) pay or cause (through a public Financing District) its Fair Share of the cost of the 120 CLICK HERE to Return to Agenda
D-4
62779493.v7
Other Circulation Improvements (which cost is based upon the estimated price for each such improvement in the Traffic Report, including the contingency) by depositing said Fair Share into an escrow account established by City for all Other Circulation Improvements prior to the issuance of the rough grading permit for the Project, or (b) pay its Fair Share of the cost of the Other Circulation Improvements based upon the contract price for each Other Circulation Improvement within thirty (30) days after OWNER’s receipt of written notice from CITY that CITY has acquired the necessary right-of-way and has awarded a construction contract for the Other Circulation Improvements. (For OWNER payments pursuant to subsection (b) of the preceding sentence, if City constructs the Other Circulation Improvements pursuant to separate contracts for one of more of said improvements, then OWNER shall pay CITY the amount of OWNER’s Fair Share for the applicable improvement to be constructed within thirty (30) days after OWNER’s receipt of written notice from CITY that CITY has acquired the necessary right-of-way and has awarded a construction contract for each such Other Circulation Improvement.) Upon construction and/or payment of its share of the Circulation Improvements as provided in subsections (i), (ii) and (iii) above, OWNER shall be deemed to have fully satisfied its obligations with respect to the construction and funding of the Circulation Improvements described above.

C. Jefferson Street Improvements. The Jefferson Street Improvements are generally described as follows:
i. Widening/Surfacing: Jefferson Street will be extended, widened and resurfaced to a 40-foot-wide roadway, from Avenue 58 and extending across Guadalupe Creek Diversion Dike to include one lane in each direction, with 40’ pavement section with sidewalk on the west side.
ii. Sidewalks, Landscaping and Related Improvements: In connection with the Jefferson Street roadwork, new curb, gutter, sidewalk and landscape improvements will be installed. A 6-foot-wide sidewalk and related landscape improvements will be constructed within the SP area.
iii. Bike Lanes: A Class II bike lane will be completed within the road right-ofway providing access to other areas of CITY. iv. Bus Stops: Additional bus stops or turnouts are proposed along Jefferson Boulevard near the Project site.

D. Avenue 62 Improvements: Development of the Project will also include the following improvements that will improve circulation and safety on Avenue 62. i. Culvert/Drainage Improvements: Construction of drainage-related infrastructure adjacent to Avenue 62 to reduce or minimize flooding on Avenue 62 during storm events.

E. Surrounding Roadway Improvements: Construction and/or Fair Share contribution of roadway improvements outlined in the Traffic Report.

F. Maintenance Responsibilities for Circulation Improvements: Paragraph 5 below provides a breakdown of the various maintenance responsibilities of the Parties regarding roadways, infrastructure, park, open space and other improvements.

4. Backbone Infrastructure and Related Benefits: Following issuance of the first permit for mass grading of the Project and at such times as provided in the Project Approvals or as 121 CLICK HERE to Return to Agenda
D-5
62779493.v7
required by applicable agencies in connection with such Development, OWNER will provide the following:

A. Water Reservoirs: OWNER will construct two new onsite water reservoirs, as well as install a new pump station to service the 0.6-million-gallon reservoir. These improvements will enhance the fire-flow capabilities of the water service system in this area of CITY. This will benefit both residents of the Project and residents of the City of La Quinta northerly of the Project.

B. Water Quality Basins: OWNER will construct a number of water quality basins, bioswales, water quality filtration inlets, detention basins and similar features designed to enhance water runoff from the Project. This will enhance water quality to receiving waters, reduce pollutant runoff, and promote groundwater recharge.

C. Maintenance Responsibilities for Backbone Infrastructure: See Pargarph 5 below for breakdown of the various maintenance responsibilities of the Parties regarding roadways, infrastructure, park, open space and other improvements.

5. Maintenance Responsibilities. Other than for the public walkway and landscaping along Jefferson Street and Avenue 62 (which will be maintained by CITY), OWNER shall provide for ongoing maintenance of all landscaping (including all common area landscaping and landscaping within public rights-of-way within the Project boundary), trails, walkways and protected open space installed or located within the Project, including but not limited to all public rights-of-way (except for the Public Facilities) through a homeowner’s association or other financing mechanism at no cost to CITY. CITY shall maintain, at its sole cost and expense, the curbs and pavement between the curbs, the storm drain lines installed within the open space to service the Project, as well as other sewer and storm drains as shown on the attached “maintenance responsibility” exhibits. Depictions showing the respective maintenance obligations of OWNER and CITY as described above, as well as maintenance responsibilities not specified above of OWNER, CITY and other responsible parties, are attached hereto as Exhibits D-2 and D-3.

6. Incorporation of Sustainable Features in Development A. Landscaping: OWNER will install substantial landscape material, including trees, shrubs, and ground cover on the Project site during Development of the Project. This will facilitate absorption of greenhouse gases.

B. Home Design: OWNER will ensure implementation of project design features and compliance with all greenhouse gas emissions mitigation measures identified in the Project Approvals.

C. Community Facilities Design: OWNER will incorporate all project design features and ensure compliance with all greenhouse gas emissions mitigation measures identified in the Project Approvals.

D. Site Planning: In connection with site planning for the Project, the Project proposes resource efficient building design by installing green roofs and solar panels, considering the solar orientation of the buildings to reduce environmental impacts, and implementing passive and active solar systems to take advantage of local climate conditions. In addition, the incorporation and design of the internal roadways, sidewalks and multi-use trail system will enhance and encourage residents to walk or bike to nearby resort, retail, golf training facility and recreational facilities.

E. Project Design Features (PDFs): OWNER will incorporate the following design features and attributes for promoting energy efficiency and sustainability, which shall be 122 CLICK HERE to Return to Agenda
D-6
62779493.v7
enforceable by the City pursuant to the terms of this Agreement and the EIR Mitigation Monitoring and Reporting Program.
• Pedestrian connections shall be provided to surrounding areas consistent with the City’s General Plan. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. The project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The project would minimize barriers to pedestrian access and interconnectivity.
• The project will include improved design elements to enhance walkability and connectivity. Improved street network characteristics within a neighborhood include street accessibility, usually measured in terms of average block size, proportion of four‐ way intersections, or number of intersections per square mile. Design is also measured in terms of sidewalk coverage, building setbacks, street widths, pedestrian crossings, presence of street trees, and a host of other physical variables that differentiate pedestrian‐oriented environments from auto‐oriented environments.
• The project will design building shells and building components, such as windows; roof systems: electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet Title 24 Standards in effect at the time of construction. 2019 Title 24 standards are expected to result in 30% less energy for non-residential buildings and 53% less energy use for residential use due to lighting upgrades. • The project is required to comply with SCAQMD Rule 445, which prohibits the use of wood burning stoves and fireplaces in new development.
• Using electricity generated from photovoltaic (PV) systems displaces electricity demand which would ordinarily be supplied by the local utility. Since zero GHG emissions are associated with electricity generation from PV systems, the GHG emissions reductions from this PDF are equivalent to the emissions that would have been produced had electricity been supplied by the local utility. A minimum of 15% of the project’s electricity demand will be generated on‐site.
• In order to reduce the amount of waste disposed at landfills, the project would be required to implement a 65% waste diversion as required by AB 939.

The following PDFs are part of the project, but no numeric credit has been taken for their implementation to provide a conservative analysis:
• Specified use of Energy Star appliances.
• Installation of water‐efficient plumbing fixtures.
• Installation of light‐emitting diode (LED) technology within homes. • Use of drought‐tolerant plants in landscape design.
• Installation of water‐efficient irrigation systems with smart sensor controls. • Lighting sources contribute to GHG emissions indirectly, via the production of the electricity that powers these lights. Public street and area lighting includes: streetlights, pedestrian pathway lights, area lighting for parks and parking lots, and outdoor lighting 123 CLICK HERE to Return to Agenda
D-7
62779493.v7
around public buildings. Lighting design should consider the amount of light required for the area intended to be lit. Lumens are the measure of the amount of light perceived by the human eye. Different light fixtures have different efficacies or the amount of lumens produced per watt of power supplied. This is different than efficiency, and it is important that lighting improvements are based on maintaining the appropriate lumens per area when applying this measure. Installing more efficacious lamps will use less electricity while producing the same amount of light, and therefore reduces the associated indirect GHG emissions.
* * *
124 CLICK HERE to Return to Agenda
D-8
62779493.v7
EXHIBIT D-1
Owner’s Circulation and Public Benefit Improvements

1. Increased Habitat Area and Open Space - Approximately 357.1 acres of open space, which includes (a) approximately 55.9 acres to be dedicated or used for public recreational, staging areas, gathering areas and trail purposes, open space uses including picnic tables, barbeques, golf practice facilities, and staging facilities for the public regional interpretative trail and (b) 301.2 acres of natural open space uses, consistent with the TSP.

2. Public Trails and Staging Area - The Project will provide approximately 5 miles of public trail with a small staging area with parking located at the eastern project entry south of Ave

62. The trail will incorporate educational elements highlighting native desert ecology and floral and faunal species, including Peninsular bighorn sheep.

3. Jefferson Street Improvements - On‐site, Jefferson Street should be constructed from the North Loop intersection to the northerly Project boundary at its ultimate full section width, with curb and gutters. The 601st certificate of occupancy shall not be issued until Jefferson Street from Avenue 60 (the project boundary of the Travertine Development) to Avenue 58 is constructed.

4. Avenue 62 Roadway Improvements – The Project will be responsible to construct interim cross‐section improvements along Avenue 62 west of Monroe Street and extending across Dike No. 4 to include one lane in each direction, with 40’ pavement section with sidewalk on the north side.

5. Madison EVA – The Project will be responsible to construct 1 mile of roadway improvements to Madison Street from Ave 60 to the SP boundary as an emergency vehicular access to include one lane in each direction, with 24’ pavement section.

6. CVWD Water Tanks and Access Road – Two on-site reservoirs (Zone 335 and Zone 425) and access to be constructed. The volume of the upper tank will be 600 thousand gallons and the lower tank will be a volume of 2.65 million gallons.

7. Up to Five (5) CVWD Well Sites – The project will develop up to five well sites located within a 2-mile radius of the project site.

8. TOT – Revenue from Resort uses and Short-Term Vacation Rentals. * * *
125 CLICK HERE to Return to Agenda
D-9
62779493.v7
EXHIBIT D-2
Depiction of Landscape and Street Maintenance Responsibilities 126 CLICK HERE to Return to Agenda
D-10
62779493.v7
EXHIBIT D-3
Depiction of Storm Drain Maintenance Responsibilities
127 CLICK HERE to Return to Agenda
62779493.v7

EXHIBIT E

FORM OF GRANT DEED/OFFER FOR PUBLIC FACILITIES
[attached]
128 CLICK HERE to Return to Agenda
E-1

RECORDING REQUESTED BY
AND RETURN TO:

City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
(Space Above For Recorder’s Use)
Exempt recording fee pursuant to Govt. Code § 6103.

GRANT OF EASEMENT AND AGREEMENT
[form may be modified or substituted for specific conveyance and/or type of public use] THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the “Agreement”) is made this __________ day of ____________________, 20___, by ____________________, a __________________ (hereinafter referred to as the “Grantor”).

RECITALS
A. Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly known as ____________________, La Quinta, California, which property is identified by Riverside County Assessor Parcel Number(s) ______________ and more particularly described in Exhibit C attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”).

B. Grantor desires to grant to the City of La Quinta, a California municipal corporation and charter city (the “City”), a perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for [ INSERT AS APPLICABLE: right-of-way, public street, utility purposes and ancillary uses] .

AGREEMENT
NOW, THEREFORE, Grantor and City agree as follows:

1. GRANT; DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A and depicted in Exhibit B (the “Easement Area”).

2. PURPOSE. The easement is for a perpetual and irrevocable easement in, on, under and across the Easement Area for right-of-way, public street, utility purposes and ancillary uses.

3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with 129 CLICK HERE to Return to Agenda
E-2
this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder. [Previous sentence may not be applicable in all instances (i.e., where conditions of approval require owner maintenance).] Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor’s sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement.

4. DURATION; SUCCESSORS AND ASSIGNS; RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein.

5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property.

6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page]
130 CLICK HERE to Return to Agenda
E-3
Executed this __________ day of ____________, 20___, at La Quinta, California. “Grantor”
_____________________________,
a California non-profit corporation
By:

Its:

By:

Its:
“City”
CITY OF LA QUINTA, a California municipal
corporation and charter city
By:

City Manager
Attest:

City Clerk

APPROVED AS TO FORM
_________________________________
City Attorney
131 CLICK HERE to Return to Agenda
E-4

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On _________________________, before me, ________________________________, a notary public, personally appeared ___________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

Signature

STATE OF CALIFORNIA )
) ss.

Witness my hand and official seal.

Signature
132 CLICK HERE to Return to Agenda
E-5

EXHIBIT A
(Legal Description of Easement Area Attached)
133 CLICK HERE to Return to Agenda
E-6

EXHIBIT B
(Depiction of Easement Area Attached)
134 CLICK HERE to Return to Agenda
E-7

EXHIBIT C
(Legal Description of Property Attached)
135 CLICK HERE to Return to Agenda
F-1
62779493.v7

EXHIBIT F

FINANCING OF PUBLIC FACILITIES AND POTENTIAL PUBLIC PROPERTIES CITY and OWNER acknowledge that the Development Agreement contemplates the establishment by City Council or another agency authorized to establish a Financing District or one or more Financing Districts. It is expected a single Financing District will be established under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Mello-Roos CFD Act”), and City’s CFD Policy, to finance the acquisition of Potential Public Properties and the acquisition and construction of Public Facilities necessary to meet increased demands placed upon local agencies as the result of the development of the Property or as referenced elsewhere in the Development Agreement.

CITY and OWNER shall use good faith efforts to establish one or more Financing Districts that include the Property, subject to the Goals and Policies, except to the extent any such goal or policy is waived by action of the City Council, applicable State law and the following general considerations:

A. General Parameters.
i. Formation Advance. Upon written demand of CITY’s Finance Director, OWNER will advance amounts necessary (in an amount at least as much as required by the City’s CFD Policy) to pay all reasonable costs and expenses of CITY to evaluate and structure one or more proposed Financing Districts that include the Property, to the end that CITY will not be obligated to pay any costs related to the formation or implementation of the proposed Financing District(s) from its own general fund. CITY staff will provide OWNER with a Deposit/Advances Agreement and a preliminary budget for such costs at such time as OWNER decides to move forward with the formal process of establishing the Financing District(s), and will advise OWNER from time to time as to any necessary modifications to that budget. ii. Reimbursement of Advance. If requested by OWNER, each Financing District will provide for the reimbursement to OWNER of any advances by OWNER described in Subparagraph A.i. above, and any other costs incurred by OWNER that are directly related to the Financing District(s), such as the costs of legal counsel, financial advisors, special tax consultants, engineers and other persons retained by OWNER. OWNER agrees to promptly submit to CITY a detailed accounting of all such costs incurred by OWNER upon written request, but in any event at least thirty (30) days prior to the issuance of any Bonds for the Financing District. Such other costs will be reimbursed to OWNER, without interest, only from the proceeds of Bonds issued for the applicable Financing District, and then only to the extent that CITY’s bond counsel determines that such reimbursement is permitted under relevant State law, and CITY’s Finance Director determines, with the assistance of CITY’s Financial Advisor, that such costs are reasonable and necessary to the formation of the applicable Financing District, or otherwise were incurred in furtherance of the purposes of the applicable CFD.
iii. Selection of Financing Team. Pursuant to the City’s CFD Policy, the CITY has a right of first refusal to select the financing team, including bond counsel, underwriter, appraiser, absorption consultant, financial advisor, special tax consultant and other consultants deemed necessary by the CITY to accomplish any Financing District financing. The CITY will select the financing team in consultation with OWNER.

B. Financing District Boundaries. It is expected the Financing District will only include the Property or portions thereof. The Financing District may include more improvement areas designated pursuant to Section 53350 of the Government Code (each, an “Improvement Area”) corresponding to grading phases of the Property, or as otherwise desirable to reflect the 136 CLICK HERE to Return to Agenda
F-2
62779493.v7
manner and phasing of construction to occur on the Property, for purposes of financing of, or contributing to the financing of, Public Facilities, and the acquisition of Potential Public Properties.

Each Improvement Area shall be authorized to finance all or any of the Public Facilities and Potential Public Properties regardless of the location of the Public Facilities or Potential Public Properties.

C. Public Facilities and Properties.
i. Public Facilities Construction Schedule. OWNER shall submit to CITY a description of, and proposed construction schedule for, any Public Facilities to be financed by the Financing District (except with respect to facilities to be financed at the option of CITY, as described elsewhere in the Development Agreement), including the priority and financing needs relative to the proposed Public Facilities. CITY will disburse available Financing District Proceeds (defined below) in accordance with such priorities, and as otherwise provided in this Development Agreement and the “Acquisition Agreement” (defined below). ii. Expenditure of Financing District Proceeds. Any Public Facilities to be financed must (i) be permitted under Section 53313.5 of the Government Code and must be necessary to meet increased demands placed upon local agencies as the result of development occurring in the Financing District, or (ii) be specifically authorized for financing elsewhere in this Development Agreement.
iii. Construction of Public Facilities. The Public Facilities financed with the Financing District Proceeds shall be constructed in accordance with all applicable prevailing wage laws. Except as expressly set forth in the Development Agreement with respect to certain CITY facilities, it is expected that OWNER will be responsible for the construction of Public Facilities to be financed by the Financing District. CITY will determine, following consultation by CITY staff with OWNER, the bidding requirements and other terms applicable to the construction of Public Facilities, including the possible acquisition of discrete portions or phases of facilities as permitted by Section 53313.51 of the Government Code. CITY and OWNER will enter into an acquisition agreement setting forth the requirements for Public Facilities to be financed by the Financing District (the “Acquisition Agreement”).
iv. List of Potential Public Properties. Throughout the Term of the Development Agreement, the CITY and OWNER may identify and keep an active list of properties on, adjacent to, or (to the maximum extent permitted by the Mello-Roos CFD Act) within the vicinity the Property, that would provide for public services or public use consistent with the Mello-Roos CFD Act and the Development Agreement. Such list of properties shall be identified as “Potential Public Properties” that may be subject to acquisition with Financing District Proceeds. The CITY shall be the custodian of and maintain any list of Potential Public Properties. v. Public Facilities Owned By Other Governmental Entities. If any of the Public Facilities proposed to be financed by a community facilities district will be owned or operated by a governmental entity other than CITY, CITY will use reasonable efforts to enter into joint community facilities agreements with respect to such facilities as may be required by Section 53316.2 of the Government Code; however, CITY shall not be required to indemnify or pay the costs of any such governmental entity except with respect to costs or claims arising from the CITY’s negligence or willful misconduct or relating to the CITY’s Public Facilities. Nothing in this Exhibit shall prevent OWNER from facilitating the execution of any such joint communities facilities agreement by offering to provide any such indemnity or to pay such costs. 137 CLICK HERE to Return to Agenda
F-3
62779493.v7
D. Rate and Method of Apportionment of Special Taxes.
i. Payment of Administrative Costs. The payment of actual initial and annual administrative costs of CITY to be incurred in connection with the Financing District shall be adequately assured, through the inclusion in any special tax methodology of appropriate provision for such costs as estimated by CITY, to the end that CITY’s general fund shall never be called upon to provide for initial or any annual administrative costs related to the Financing District. ii. Rate and Method of Apportionment. The rate and method of apportionment of special taxes (the “RMA”) for the Financing District and/or each Improvement Area within the Financing District must comply with the requirements of Section 53321(d) of the Government Code, but may establish different tax rates for different categories of property. CITY will consider any categories of property suggested by OWNER, but the apportionment of special taxes must be reasonable as determined by CITY. Given that undeveloped property (i.e., parcels without a building permit) has less of an impact on public facilities than developed property (i.e., parcels with a building permit), it is expected that special taxes will be levied first on developed property to its maximum special tax rate, and then on undeveloped property, as necessary to pay Financing District administrative costs and debt service on outstanding Bonds. iii. Maximum Annual Tax Rate. CITY shall not be under any obligation of any kind to approve an RMA which includes a maximum special tax rate applicable to residential parcels which, when added to all current and projected annual special taxes, real property taxes and other amounts due to public agencies that are secured by liens on such parcels (including but not limited to, liens imposed by any other community facilities district or financing district to fund school district obligations with respect to the Property), is expected to exceed two percent (2.0%) of the estimated market value of such parcels upon completion of expected public and private improvements. CITY and OWNER will cooperate in good faith to establish an RMA for each Improvement Area that will satisfy all applicable requirements of the California Government Code and that are consistent with the preceding sentence and with Subparagraph D.ii above. It is acknowledged that residential parcels will be developed over an extended period of time and that the pricing information determined as of the date of formation of the Financing District may reflect price appreciation that may not be achieved or may be exceeded such that changes to maximum special tax rates in the RMAs may be appropriate from time to time. In light of the foregoing, each RMA will include provisions authorizing an administrative reduction in the maximum special tax rates in one or more tax categories prior to the issuance of Bonds as requested by OWNER to reduce the special tax rates in one or more tax categories. In addition, CITY will, at the written request of OWNER, undertake proceedings pursuant to Section 53331 et seq. of the California Government Code to increase maximum special tax rates in the event of significant increases in expected sales prices of developed residential parcels, similar in lot size and square footage, from those used as a basis for the special tax rates in any RMA then in effect. iv. Annual Tax Increases. At OWNER’s request, each RMA shall provide for an annual increase in the maximum special tax up to 2% per year. Each RMA will allow for prepayment, in whole or in part, of the special tax applied to Bonds with fixed expiration dates, pursuant to a methodology acceptable to CITY.
v. Additional Special Taxes on Developed Properties. Each RMA may provide, at CITY’s discretion, a separate annual special tax on developed property of up to $50 per residential unit (subject to increases as described in D.iv. above) (the “Additional Special Tax”), to be applied to the financing of construction and/or acquisition costs of public facilities designated by CITY in addition to those described in C.i. above, and in addition to any financing for the acquisition and/or construction of Potential Public Properties. 138 CLICK HERE to Return to Agenda
F-4
62779493.v7
vi. Direct Levy of Developed Property Special Taxes. Each RMA shall provide for the levy of special taxes on developed property to pay directly for the Public Facilities and Potential Public Properties. Prior to the issuance of Bonds, the Financing District shall levy special taxes on developed property at the maximum special tax rate and the amount collected each year shall first be applied to pay Financing District annual administrative costs and the remainder shall be deposited in a discrete, interest-earning special tax fund (the “Special Fund”) and disbursed to pay for Public Facilities and Potential Public Properties pursuant to the Acquisition Agreement. The amounts deposited in the Special Fund and the net proceeds of Bonds shall be referred to as “Financing District Proceeds.” The Financing District may, as directed by the City, also levy the Additional Special Tax on developed property at any time.

E. Financing Considerations.
i. Financial Viability. The financial viability of any Improvement Area will be of material concern to CITY. CITY will consider written requests by OWNER as to the size, term and timing of any particular issuance of Financing District Bonds, as well as the advice of any financial consultant or underwriter employed by it in connection therewith. ii. Security. Each series of Bonds shall be secured solely by (a) special taxes, (b) proceeds of the Bonds issued that are placed in a bond fund or reserve fund for the financing, (c) tax increment revenues of any Infrastructure Financing District (IFD), if formed, but only to the extent specifically directed and agreed to by OWNER, CITY and the IFD, and (d), if required, credit enhancement. No CITY general funds or other CITY revenues or assets and no tax increment revenues of the IFD shall be pledged to the repayment of any public financing, except that tax increment revenues may be so pledged to the extent explicitly directed and agreed to by OWNER, CITY and the IFD. Both Parties acknowledge that the security for the bonded indebtedness of the Financing District is non-recourse as to CITY and as to OWNER. iii. Debt Ratio. Except as otherwise authorized by the City Council in accordance with Section 53345.8 of the Government Code, the value of the real property that is subject to the special tax to pay debt service on the Bonds (determined in a manner consistent with the requirement of Section 53345.8 of the Government Code) shall be at least four (4) times the aggregate direct and overlapping debt secured by liens on the real property or such higher value to lien ratio as is necessary to market the Bonds at rates comparable to those for similar financings in the public debt market at the time the bonds are issued. The value of any real property included in a community facilities district shall be determined by CITY in a manner consistent with the third sentence of Subparagraph D.iii. above and Section 53345.8 of the California Government Code prior to each issuance of debt obligations for a Financing District. iv. Credit Enhancement. Following consultation with the bond underwriter, CITY’s financial advisor and OWNER, CITY may require a letter of credit from a financial institution acceptable to CITY for up to two years of debt service on a series of Bonds (except the portion of such debt service that is payable from special taxes on completed structures) to the extent that CITY determines such credit enhancement is appropriate in the circumstances or reasonably necessary to market the bonds at reasonable interest rates. The amount of such letter of credit shall be reduced as OWNER conveys property to others and/or structures are completed; and such letter of credit will be released: (a) at such time as the development of the Property has progressed so that annual special tax levies on developed property are sufficient to pay the annual debt service on the Bonds and annual administrative costs in order to provide security for the repayment of the bonds and (b) if and to the extent that substitute letter of credit or other form of credit enhancement (from a financial institution, and in a form, acceptable to CITY) is delivered to CITY.
139 CLICK HERE to Return to Agenda
F-5
62779493.v7
v. Provision of Financial Information. OWNER understands that CITY will have disclosure obligations under state and federal securities laws to prospective purchasers of debt incurred in connection with any community facilities district financing, and OWNER agrees to provide CITY with any financial and other information reasonably requested in connection with such disclosure obligations; provided, however, that if any such financial or other information is requested to be provided regarding OWNER’s parent corporation, such information shall be limited to publicly available information provided by OWNER’s parent corporation to state and federal governmental agencies in compliance with applicable securities laws. In addition, to the extent determined necessary by disclosure counsel for any community facilities district bonds to be issued, OWNER will execute and comply with its obligations under a continuing disclosure agreement intended to satisfy the requirements of applicable Federal securities laws.

F. Disclosure to Future Landowners. OWNER shall comply with all applicable laws as to the disclosure of the existence of any community facilities district to the purchasers of any portion of the Property within the community facilities district. Any and all such disclosure documentation shall be filed by OWNER with CITY’s Finance Director. The CITY may require the OWNER to submit to prospective purchasers of all or a portion of the Property, in addition to any disclosure required under applicable law, either: (a) a mutually acceptable form of disclosure statement or (b) a disclosure statement that indicates it has been prepared by CITY and that CITY is solely responsible for its contents.

G. Best Efforts Undertaking. Although CITY agrees to use its best efforts to form one or more Financing Districts in accordance with the foregoing, it shall incur no monetary liability for its failure to form any such Financing District. CITY expects that CITY staff will meet and confer with OWNER from time to time with respect to all major aspects of the community facilities district prior to its formation, but the final decisions regarding all aspects of any Financing District shall be subject to the review and approval of City Council. * * *
140 CLICK HERE to Return to Agenda
62779493.v7

EXHIBIT G
CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE as of EFFECTIVE DATE [to be inserted at recording]
141 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 142 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 143 CLICK HERE to Return to Agenda

!"#$%
&# &"'
( 144 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 145 CLICK HERE to Return to Agenda

!"#$%
&# &"' () 146 CLICK HERE to Return to Agenda

!"#$%
&# &"' (( 147 CLICK HERE to Return to Agenda

!"#$%
&# &"' () 148 CLICK HERE to Return to Agenda

!"#$%
&# &"' () 149 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 150 CLICK HERE to Return to Agenda

!"# $%&
'$
'#( ) 151 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 152 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 153 CLICK HERE to Return to Agenda

!"#$%
&# &"'
( 154 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 155 CLICK HERE to Return to Agenda

!"#$%
&# &"' () 156 CLICK HERE to Return to Agenda

!"#$%
&# &"' (( 157 CLICK HERE to Return to Agenda

!"#$%
&# &"' () 158 CLICK HERE to Return to Agenda

!"#$%
&# &"' () 159 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 160 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 161 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 162 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 163 CLICK HERE to Return to Agenda

!"#$%
&# &"'
( 164 CLICK HERE to Return to Agenda

!"#$%
&# &"' ( 165 CLICK HERE to Return to Agenda

!"#$%
&# &"' () 166 CLICK HERE to Return to Agenda

!"#$%
&# &"' (( 167 CLICK HERE to Return to Agenda
62779493.v7

EXHIBIT H

SCHEDULE OF PERFORMANCE / PHASING PLAN
[attached]
168 CLICK HERE to Return to Agenda
TRAVERTINE 8/1/2024
PROJECT COMPONENT LAND USE START COMPLETION*
MASTER SITE IMPROVEMENTS - Backbone N.A. 42 months within Vesting Date 18 months after Start DatePHASES RESIDENTIAL1A & 1B 600 24 months within Vesting Date 36 months - 72 months after Start Date2 308 54 months within Vesting Date 36 months after Start Date3 292 78 months within Vesting Date 37 months after Start Date Note: Schedule contingent on obtaining license agreements from Bureau of Reclamation for the crossings of Madison Street and Avenue 62 at Dike #4 and Bureau of Land Management for the crossing of Jefferson Street at the Guadalupe Dike.*Completion defined as 70% of C-of-O's issued, and are the outside deadlines permissible under this Agreement, subject to the terms of this agreement.Note: If Developer provides evidence reasonably satisfactory to the City that then existing market conditions do not allow for the development on economically feasible terms and orderly absorption of such product type to the point of completion as specified above, then such period shall be extended for up to five 1-year periods to be approved by the City Manager.**Vesting Date is defined as the later of (i) the Effective Date of the Development Agreement and (ii) the running of all applicable status of limitations and referendum petition deadlines with no legal challenges or petitions having been filed or submitted, or if filed or submitted, successfully resolved to the satisfaction of Developer City. 169
CLICK HERE to Return to Agenda
PA-15A
PA-14
PA-13
PA-10
PA-12
PA-11
PA-19
PA-20

MADISON ST
EVA
AVENUE 62
WATER
TANKS
Dike 4
Dike 2
AVENUE 60
CORAL
CANYON
(FUTURE)
Coral
Mountain
Martinez
Rock Slide
BooHoff Trail

MONROE ST
NAP
AVENUE 58

MADISON ST
N
2026 - 2027
Phase 1A - Construction
170 CLICK HERE to Return to Agenda

MADISON ST
EVA
AVENUE 62
WATER
TANKS
Dike 4
Dike 2
AVENUE 60
CORAL
CANYON
(FUTURE)
Coral
Mountain
Martinez
Rock Slide
BooHoff Trail

MONROE ST
NAP
AVENUE 58

MADISON ST
PA-15A
PA-14
PA-13
PA-10
PA-12
PA-11
PA-19
PA-20
PA-5
PA-15B PA-7 PA-8 PA-9 PA-18
N
2028 - 2029
Phase 1B - Construction
171 CLICK HERE to Return to Agenda

MADISON ST
EVA
AVENUE 62
WATER
TANKS
Dike 4
Dike 2
AVENUE 60
CORAL
CANYON
(FUTURE)
Coral
Mountain
Martinez
Rock Slide
BooHoff Trail

MONROE ST
NAP
AVENUE 58

MADISON ST
PA-15A
PA-14
PA-13
PA-10
PA-12
PA-11
PA-19
PA-20
PA-5
PA-15B PA-7 PA-8
PA-9 PA-18
PA-16
PA-6
PA-4
N
2029 - 2030
Phase 2 - Construction
172 CLICK HERE to Return to Agenda

MADISON ST
EVA
AVENUE 62
WATER
TANKS
Dike 4
Dike 2
AVENUE 60
CORAL
CANYON
(FUTURE)
Coral
Mountain
Martinez
Rock Slide
BooHoff Trail

MONROE ST
NAP
AVENUE 58

MADISON ST
PA-15A
PA-14
PA-13
PA-10
PA-12
PA-11
PA-19
PA-20
PA-5
PA-15B PA-7 PA-8
PA-9 PA-18
PA-16
PA-6
PA-4
PA-1 PA-17
PA-2
PA-3
N
2031 - 2032
Phase 3 - Construction
173 CLICK HERE to Return to Agenda
62779493.v7

EXHIBIT I

MITIGATION MONITORING AND REPORTING PROGRAM AND PROJECT

DESIGN FEATURES
[attached]
174 CLICK HERE to Return to Agenda
FINAL ENVIRONMENTAL IMPACT REPORT
Travertine Specific Plan et al, La Quinta CA

4.0 Mitigation Monitoring and Reporting Program
Travertine Final EIR 4‐1 July 2024
Chapter 4.0 Mitigation Monitoring and Reporting Program

4.1 Introduction
If mitigation measures are required or incorporated into a project as part of the CEQA process, the lead agency must adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the project’s mitigation measures. Sections 15097 and 15126.4(a)(2) of the CEQA Guidelines provide that a project’s mitigation measures must be enforceable through permit conditions, agreements, or other mechanisms. CEQA and the CEQA Guidelines further provide that the MMRP must be adopted at the time of project approval. However, while the MMRP does not have to be included in the EIR, for the sake of maximizing public transparency, a copy of the proposed Project’s MMRP has been included in this Final EIR below.

In light of the foregoing, this Chapter contains the proposed Project’s MMRP. The MMRP was prepared to provide a program for not only monitoring and reporting on the Project’s mitigation measures, but also enforcing compliance with respect to the implementation of each mitigation measure adopted for the Project. The purpose of the mitigation measures is to mitigate or avoid significant environmental effects of the Project.

4.2 Monitoring Authority
The City may delegate duties and responsibilities for monitoring compliance with the objective performance standards established by any given mitigation measure to designated environmental monitors or consultants as deemed necessary. The City may also delegate such duties and responsibilities to certain responsible agencies, affected jurisdictions, enforcement and regulatory agencies of the state or county, special districts and other agencies. The same duties and responsibilities may also be delegated to qualified private entities which accept the delegation. The City’s Development Services (or equivalent positions of other designated agencies or entities) must ensure that the officials delegated the duties or responsibilities to monitor any given set of mitigation measures are qualified to assume such duties and responsibilities.

Any deviation from the procedures identified under the MMRP shall require prior approval or authorization by the City. Moreover, any deviations from any of the established monitoring procedures set forth in the MMRP and any remedial actions taken to correct such deviations shall be reported immediately to the City by the assigned environmental monitor or consultant.

Notwithstanding any such delegation, the City shall remain responsible for monitoring the implementation of all of the project’s mitigation measures in accordance with the project’s MMRP.

CITY COUNCIL RESOLUTION 2024-033

EXHIBIT B
175 CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐2 July 2024

4.3 Enforcement Responsibility
The mitigation measures for the proposed project will primarily apply prior to or during construction of the project in all phases of development the project. The City shall be responsible for enforcing each mitigation measure, albeit the City may assign such enforcement responsibilities to a qualified environmental monitor. The assigned environmental monitor for each construction activity shall report any problems with enforcement to the City and appropriate agencies.

The MMRP prepared for the proposed project will be fully enforceable through permit conditions, agreements, or other measures.

4.4 Mitigation Monitoring Table
Table 4‐1, Travertine Specific Plan Amendment Mitigation Monitoring and Reporting Program, below identifies for each mitigation measure: (1) the potential impact on the environment that the mitigation measure is focused on; (2) a description of the mitigation measure; (3) the entity responsible for monitoring the mitigation measure; (4) the timing for implementing the measure; and (5) the anticipated level of significance of the impact at issue after mitigation.

176 CLICK HERE to Return to Agenda

4.0  MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR    4‐
3 July 2024
Table 4‐1
Travertine Specific Plan Amendment Mitigation Monitoring and Reporting Program Potential Impacts on
the Environment
Mitigation Measure Responsible for
Monitoring Timing
Level of
Significance
After
Mitigation
Section 4.1, Aesthetics
c.   Visual character or
scenic quality
d.   Light and glare
AES‐1 In order to reduce the proposed substation’s impact on the existing visual character and reduce the potential degradation of scenic quality of the surrounding area, the Project applicant shall use one or more of the following or comparable techniques: perimeter barriers, landscaping appropriate for the substation facility. Additionally, glare shall be controlled through the use of non‐reflective surfaces, dulling finishes to help blend the structures with the surroundings and reduce glare and color contrast, or comparable methods subject to the approval of IID.

See BIO‐12, BIO‐17, and BIO‐30
City Council/
Planning
Commission
IID
Public Works
Department
Project Applicant
During review of
Substation
Less than
Significant
Section 4.2, Air Quality
b. Result in a
cumulatively considerable net increase if any criteria pollutant AQ‐1 The General Contractor and all sub‐contractors shall ensure that during Project and off‐site utility construction activities, off‐road diesel construction equipment rated at 50 horsepower (hp) or greater, complies with EPA/CARB Tier 4 off‐road emissions standards or equivalent and shall ensure that all construction equipment is tuned and maintained in accordance with the manufacturer’s specifications.

City Planning &
Public Works
Department
Project Contractor
During ground
disturbing
activities &
construction
Less than
Significant
177
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐
4 July 2024
a. Conflict with
implementation of applicable air quality plan
AQ‐2 The Project applicant must comply with South
Coast AQMD Rule 445 (Wood‐Burning Devices), as amended, by explicitly prohibiting the use of wood burning stoves and fireplaces in the proposed new development.

City Planning &
Public Works
Department
Project Contractor
Prior to the
approval of
grading plans
Less than
Significant
Mitigation Measures to Reduce VOC from Mobile
Sources:

AQ‐3 The Project operator shall provide and/or accommodate facilities within the Project property such as bicycle parking and storage, to encourage bicycle use instead of driving as a method to reduce or otherwise eliminate certain vehicle trips within the Project area.

AQ‐4 The Project operator of the on‐site resort facilities shall implement procedures to accommodate remote work or telecommuting, as applicable to the work sectors, as a method to reduce commercial vehicle miles traveled.

AQ‐5 The Project operator shall encourage the use of low emission vehicles to reduce the reliance on gasoline or diesel fuel by providing charging stations and designated parking for emissions free vehicles.

Mitigation Measures to Reduce VOCs from Consumer
Products:

AQ‐6 The Project operator shall utilize “Super‐ Compliant” or otherwise non‐aerosol dispersal/application methods (and/or low VOC products) in all Commercial Buildings including the Hotel, Spa and Golf Training City Planning &
Public Works
Department
Project Applicant/
Contractor
During operation Less than Significant
178
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐
5 July 2024
Facility. This includes but is not limited to: air fresheners, cooking spray, floor maintenance products, furniture maintenance products, degreaser, oven cleaners, toilet care products. Project operators can refer to the CARB Consumer Product Program web site for the most current information.

AQ‐7 The Project operator shall utilize low VOC products to the greatest degree possible on all landscape maintenance activities associated with the Commercial Buildings, Golf Training grounds and Common Landscape Areas. These shall be applied with non‐aerosol measures where possible. Applicable products include insecticides, pesticides, pool/spa disinfectants, grill cleaners. Project operators can refer to the CARB Consumer Product Program web site for the most current information.

AQ‐8 The Project operator shall require all commercial products to be diluted as directed.

AQ‐9 The Project operator shall use low‐solvent or solvent‐free paints for all commercial buildings and common area monumentation or walls (including repairs.) AQ‐10 The Project operator shall minimize the use of
pesticides with high organic solvent contents, and/or the use of emulsions and water‐based formulations.

Section 4.3, Biological Resources
BIO‐1 Because USFWS has determined that fences
could block wildlife movement, fences will not be used as an initial deterrent to USFWS Prior to issuance
of permit
Less than
Significant
179
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐
6 July 2024
a. Substantial adverse
effect on any candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service unauthorized access; however, a fencing contingency plan will be developed to address any future indirect Project impacts. Following the formation of the HOA and before the completion of the habitat interface golf course, the Project applicant will establish a three‐person committee, with representatives from USFWS, CDFW, and the HOA to monitor and assess the future need for a buffer fence. The committee will be charged with assessing whether a future fence is needed based on whether a fence is needed to prevent human access to sheep habitat or keep bighorn sheep off the project site. In addition, if USFWS finds evidence that a fence is necessary to prevent human access to prevent human access to sheep habitat or keep bighorn sheep off the project site, USFWS may require the construction of the fence at its sole discretion. To avoid complications in the installation of a future fence, the Project applicant would be required to provide wildlife fence easements at the exterior boundary of the golf course or trail corridor, whichever is the outer most perimeter of the project, create an HOA as the legally responsible party for fence installation, and provide or identify a dedicated source of funds to construct the fence prior to recording the first final map.

Consistent with the terms of the Project
Biological Opinion, upon either a three‐person committee or USFWS’s unilateral determination that a fence is necessary based on the criteria specified in the Biological City Planning
Department
Project Applicant/
Developer
180
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐
7 July 2024
Opinion, an 8‐foot‐tall wildlife fence constructed of tubular steel and painted to blend in with the desert environment shall be installed where the Project interfaces with Coral Mountain along the northern boundary and extend southward along the western and southern boundary of proposed development to preclude PBS from entering the Project and humans from entering the sheep habitat. The fence shall extend to where Avenue 62 intersects with the eastern Project boundary.

BIO‐2 All lighting located within the development footprint shall conform with the requirements outlined in the Travertine Specific Plan and the MSHCP.

City Planning
Commission/City
Council
Project Applicant
Prior to approval Less than Significant
BIO‐3 Where the Project is located adjacent to the
SRSJM Conservation Area along its western edge, a minimum buffer of 74 feet shall be incorporated between SRSJM undeveloped native desert areas and private homeowner parcels and public gathering areas. Each private homeowner parcel along this western edge shall have fencing at the top of slope with Lexan panels to dampen noise to an appropriate level.

City Planning
Commission/City
Council
Project Applicant
Prior to approval Less than Significant
BIO‐4 All plant species identified as invasive by the CVMSHP, or that are known to be toxic to PBS, will be prohibited from inclusion in Project landscaping including areas adjacent to proposed open space. Prior to site disturbance a Project‐specific list of prohibited plant species will be prepared by a qualified biologist for use in developing the Project Landscape Plan. This will include City Planning
Commission/City
Council
Project Applicant
Prior to approval
of landscape
plan
Less than
Significant
181
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐
8 July 2024
plants identified as invasive by the California Invasive Plant Council (Cal‐IPC) and the CVMSHCP. The City shall review the landscape palette prior to planting.

BIO‐5 The final design and location of natural trails will be approved by the USFWS and the City to minimize disturbance to PBS. Unauthorized trails currently in use on the Property will be closed to minimize impacts to bighorn sheep and replaced with the trail proposed as part of the Project. The nature trail will be closed to equestrian and bicycle use. Other than this trail, no additional trails would be proposed or allowed as part of the Project. To restrict human access to surrounding hills, including: (a) placement of “no trespass” signs at legally enforceable intervals along the trail and habitat/development interface, with legally enforceable language; (b) development of CC&Rs and educational materials that explain to residents and members the ecology of bighorn sheep and the rules concerning unauthorized hiking into sheep habitat.

USFWS
City Planning
Commission/City
Council
Project Applicant
Final Design Less than Significant
BIO‐6 Project proponent shall permanently protect

19.7 acres in Section 5 as bighorn sheep habitat. Prior to recording the first final map, Project proponent also has committed to acquire an additional approximately 100 acres of bighorn sheep habitat in Section 5 that also are strategically located to fragment larger blocks of land into smaller units with reduced development potential. All lands proposed for conservation in Section 5 will be approved by the Service and protected in perpetuity consistent with California Civil City Planning
Commission/City
Council
Project Applicant
Prior to
recording the
first final map
Less than
Significant
-
182
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐
9 July 2024
Code Section 815, et seq. For more detail, please refer to the Section 5 Addendum to the Travertine Biological Assessment.

BIO‐7 Project proponent shall establish a $500,000
endowment with the Center for Natural Lands Management (CNLM) to be managed by the U.S. Fish and Wildlife Service to assist with the long‐term management of bighorn sheep. Of this total, $100,000 will be provided upon issuance of the first grading permit, with the balance of $400,000 paid in installments of $100,000 per year over the succeeding four years. Long‐term maintenance and monitoring activities shall be outlined in a long‐term management plan and submitted to CDFW and USFWS for review and approval.

CNLM
USFWS
Project Applicant
Prior to approval Less than Significant
BIO‐8 Project proponent shall provide an additional $100,000 to the CNLM endowment above to support the gathering of information on the effects of the regional trails system on bighorn sheep, including trails in and around the Project site.

CNLM
Project Applicant
Prior to approval Less than Significant
183
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐10 July 2024
BIO‐9      The Jefferson Street extension through Section 32 will be constructed using active and passive design features to prevent public roadside parking and foot access into bighorn sheep habitat (e.g., boulders, k‐rail, berm, narrow road shoulder, bar ditch, and restrictive signage), subject to review and approval by the U.S. Fish and Wildlife Service.

BIO‐10 Within the project boundary, approximately
100 yards at the west end of the newly constructed Jefferson Street Loop in the southwest comer of Section 33, where it connects with the Avenue 62 alignment, will be left as undeveloped desert. The distance in some places will be less than 100 yards but other features such as “manufactured slopes” and “property fences” will be used, as shown in Figure 4 – BO Conservation Measure #7 of the Project Biological Opinion. This design feature, in combination with enhanced native landscaping, will discourage unauthorized vehicle access into bighorn sheep habitat in Section 5 adjacent to the Travertine project boundary.

USFWS
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐11 No exotic plants known to be toxic to PBS, or invasive in desert environments, will be used in project landscaping.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐12 The Project shall not provide direct public access from internal streets to hillside sheep habitat.

City Planning
Commission/City
Council
Project
Prior to approval Less than Significant
184
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐11 July 2024
Applicant/Developer
BIO‐13     The Project Nature Trail will form the southern and western perimeters of the Project.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐14 To deter bighorn sheep access to the project site, natural landscaping and property fences around residential areas would reduce noise, light, and visual impacts on surrounding hills.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐15 The best management practices shall be used to
preclude the establishment of potential disease vectors at open water features (i.e., water bodies will be designed with steep, unvegetated slopes and deep enough water to prevent establishment of emergent wetland vegetation).

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐16 CC&R's and Project Specific Plan conditions shall prohibit activities that emit noise above specified levels (not to exceed 60 dB(A) for sensitive receptors or 75 dB(A) for nonresidential receptors (per City Ordinance 9.100.210 Noise Control). For example, only quiet electric golf carts will be used for service and maintenance.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐17 Outdoor lighting will be down‐shielded and directed away from the hillsides in accordance with the City municipal code.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
185
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐12 July 2024
BIO‐18 To increase public awareness regarding the sensitivity of PBS in the region, educational materials will be provided to homeowners and made available to users of the public facilities within the Travertine development. This material will be prepared in cooperation with the U.S. Fish and Wildlife Service and CDFW. In addition, the Project proponent will provide within the project an area dedicated as an interpretive center concerning the bighorn sheep.

City Planning
Commission/City
Council
Project
Applicant/Developer
During operation Less than Significant
BIO‐19 The two water reservoirs will be constructed
of steel or concrete and buried underground to the extent possible, or screened by landscaped berms. Any tank appurtenances (e.g., valves) remaining above‐ground will be painted with non‐reflective paint colored to blend with the surrounding habitat and to prevent light from being reflected toward sheep habitat in the Santa Rosa Mountains.

City Planning
Commission/City
Council
CVWD
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐20 Dogs and other pets are not allowed within the National Monument and appropriate signage at the designated trailhead parking areas and any other access points will be installed to prohibit dogs along the Nature Trail. CC&Rs and club rules will require pets to remain on a leash while outside enclosed areas, and will prohibit pets from entering the hills at any time. The Project proponent will consult with USFWS during the drafting of Rules & Regulations concerning appropriate rules and regulations to protect bighorn sheep. The Master Declaration of Conditions, Covenants and Restrictions will incorporate rules and regulations specifically addressing bighorn City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
186
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐13 July 2024
sheep, which rules and regulations may be modified, amended or deleted only with the express written consent of USFWS. Violators of CC&Rs and club rules will be subject to increasingly severe penalties. Compliance with the local “leash law” will also be enforced pursuant to City ordinance and the project’s Specific Plan conditions.” A variety of other measures will be implemented to restrict human access to surrounding hills, including training personnel to monitor and control human access to adjacent hills.

BIO‐21 The acreage of the Project Site that is located within the MSHCP Conservation Area shall be dedicated to Conservation in perpetuity.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval Less than Significant
BIO‐22 Prior to the issuance of grading permits, the
project proponent will provide a no‐interest $2,000,000 loan to the CVCC or its designee upon mutually agreeable terms to acquire essential bighorn sheep habitat in the project area. This provision may be revised or substituted for in a manner of equal or greater benefit to the Plan upon mutual agreement of CVCC, the Wildlife Agencies, and the Project proponent.

City Planning
Commission/City
Council
CVCC/Wildlife
Agencies
Project
Applicant/Developer
Prior to the
issuance of
grading permits
Less than
Significant
BIO‐23 A Qualified Biologist will prepare and present to each employee (including temporary, contractors, and subcontractors) a Worker Environmental Awareness Program (WEAP) prior to the worker’s initiation of work on the Project site. Workers shall also be advised by the Qualified Biologist of the special‐status Qualified Biologist
City Planning
Commission/City
Council
Project
Prior to grading
or construction
activities
Less than
Significant
187
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐14 July 2024
wildlife species in the Project site, the steps to avoid impacts to the species and the potential penalties for taking such species. At a minimum, the WEAP will include the following information: occurrence of the listed and sensitive species in the area, their general ecology, sensitivity of the species to human activities, legal protection afforded to these species, penalties for violations of federal and State laws, reporting requirements, and Project features and mitigation measures designed to reduce the impacts to these species and promote continued successful occupation of habitats within the Project area. Included in this WEAP will be color photographs of the listed species, which will be shown to the employees. Following the WEAP, the photographs will be posted in the contractor and resident engineer office, where they will remain through the duration of the Project. The contractor, resident engineer, and the Qualified Biologist will be responsible for ensuring that employees are aware of the listed species and observe reporting and mitigation and avoidance requirements. A record of all trained personnel will be kept with the construction foreman onsite. If new construction personnel are added to the project, the construction foreman will ensure that new personnel receive WEAP training before they start working.

Applicant/Developer
BIO‐24 Prior to issuance of grading permit, a qualified biologist will be designated to monitor construction activities and advise Qualified Biologist
City Planning
Prior to issuance
of grading permit
Less than
Significant
188
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐15 July 2024
construction personnel of the sensitive biological resources on site that may be impacted by, and conversely, that must be avoided during site development. A biological monitor will be on site to monitor avoidance activities and to monitor all clearing and grubbing activities, as well as grading, excavation, and/or other ground‐disturbing activities in jurisdictional areas to ensure that impacts do not exceed the limits of grading and to minimize the likelihood of inadvertent impacts on special‐status species. The monitor will flush avian species and remove and relocate, if possible, non‐avian species to a safe location outside of the immediate construction zone (generally 1,000 feet or more onto public lands, when feasible). Where appropriate, the biological monitor will mark/flag the limits of environmental sensitive areas (ESAs) to restrict project activities near the areas. These restricted areas will be monitored to protect the species during construction. The biological monitor will ensure that all biological mitigation measures, BMPs, avoidance and protection measures described in the relevant project permits, approvals, licenses, and environmental reports, and CEQA documents, are in place and are adhered to. Monitoring will cease when the sensitive habitats and jurisdictional areas have been cleared or impacted.  The biological monitor will ensure that construction activities will maintain measures to prevent accidental trapping of wildlife into Commission/City
Council
Project
Applicant/Developer
189
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐16 July 2024
excavated areas and inspect excavated areas daily to detect the presence of trapped wildlife. All deep or steep‐walled excavated areas should be covered with plywood or other weight bearing material and will be furnished with escape ramps at a 3:1 slope or are surrounded with exclusionary fencing in order to prevent wildlife from entering them. Trapped wildlife should be relocated out of harm’s way to a suitable habitat outside of the project area.  The biological monitor will have the authority to temporarily halt all construction activities and all non‐emergency actions if ESAs and special‐status species are identified and will be directly impacted. The monitor will notify the appropriate resource agency and consult if needed. If needed, and if possible, the biological monitor will relocate the individual outside of the work area where it will not be harmed. Work can continue at the location if the project proponent and the consulted resource agency determine that the activity will not result in impacts on the species.  All biological monitor observations of special‐status species will be documented and mapped in monitoring logs. Monitoring logs will be completed for each day of monitoring. All special‐status species recordings will be submitted to the CNDDB. The biological monitors will be responsible for documenting compliance with avoidance measures, the results of the surveys and the ongoing monitoring, and will provide a copy of the monitoring reports for impact areas to 190
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐17 July 2024
the County EPD and any permitting agencies that require reporting.

The appropriate agencies will be notified if a
dead or injured protected species is located within the project site. Written notification will be made within 15 days of the date and time of the finding or incident (if known) and will include: location of the carcass, a photograph, cause of death (if known), and other pertinent information.

BIO‐25 Prior to issuance of grading permits and commencement of any ground‐disturbing activities or vegetation removal the following measures would be implemented to avoid impacts on ESAs, surrounding habitats, and special status species and wildlife:
a. Project footprint would be set at the
minimum size to accomplish necessary work, and the footprint will be of a size/area no greater than is identified in the CEQA documentation, to minimize impacts on sensitive biological resources. b. Specifications for the project boundary,
limits of grading, project related parking, storage areas, laydown sites, and equipment storage areas would be mapped and clearly marked in the field with temporary fencing, signs, stakes, flags, rope, cord, or other appropriate markers. All markers would be maintained until the completion of activities in that area.

Qualified Biologist
City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to issuance
of grading permit
and
commencement
of any ground
disturbing
activities or
vegetation
removal
Less than
Significant
191
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐18 July 2024
c. To minimize the amount of disturbance,
the construction/laydown activities, parking, staging, storage, spoil management, and equipment access will be restricted to designated areas. Designated areas will comprise existing disturbed areas (parking lots, access roads, graded areas, etc.) to the extent possible. d. Designated staging areas will be
enclosed with temporary security fencing. All staging areas will comply with conditions in the Stormwater Pollution Prevention Plan SWPPP), which provides BMPs to avoid or mitigate erosion impacts during construction. e. Project‐related work limits would be
defined and work crews would be restricted to designated work areas. Disturbance beyond the actual construction zone will be prohibited without site‐specific surveys. If sensitive biological resources are detected in an area to be impacted, then appropriate measures would be implemented to avoid impacts (i.e., flag and avoid, erect orange construction fencing, biological monitor present during work, etc.). However, if avoidance is not possible and the sensitive biological resources would be directly impacted by project activities, the biologist would mark and/or stake the site(s) and map the individuals on an aerial map and with a 192
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐19 July 2024
Global Positioning System (GPS) unit. The biologist would then contact the appropriate resource agencies to develop additional avoidance, minimization and/or mitigation measures prior to commencing project activities. f. ESAs would be identified, mapped,
clearly marked in the field, and avoided to the maximum extent practicable in order to avoid and minimize impacts on sensitive biological resources. g. Existing roads and trails would be
utilized wherever possible to avoid unnecessary impacts. Project related vehicle traffic would be restricted to established roads, staging areas, and parking areas. Travel outside construction zones will be prohibited. h. Monitoring would occur periodically
during the length of construction activities to ensure project limits, designated areas (parking, storage, etc.), and ESAs are still clearly marked. i. Signs will be installed on boundaries of
the Project Site and other strategic locations to notify the public of the sensitive biological resources identified onsite and prohibit entry into key high value habitat areas. 193
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐20 July 2024
BIO‐26 Prior to construction, the construction area and adjacent habitat within 500 feet of the construction area, or to the edge of the property if less than 500 feet, will be surveyed by a Qualified Biologist for burrows that could be used by burrowing owl. Two (2) surveys will be conducted, with one survey to be conducted between 14 and 30 days prior to site disturbance, and a second survey to be conducted within 24 hours of site disturbance, following methods described in the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 2012). If a burrow is located, the Qualified Biologist will determine if an owl is present in the burrow. If the burrow is determined to be occupied, the burrow will be flagged and a 160‐foot buffer during the non‐breeding season and a 250‐foot buffer during the breeding season, or a buffer to the edge of the property boundary if less than 500 feet, will be established around the burrow. The buffer will be staked and flagged. No construction will be permitted within the buffer until the young are no longer dependent on the burrow.  If the burrow is unoccupied, the burrow will be made inaccessible to burrowing owls, and construction activities may proceed. If either a nesting or escape burrow is occupied, burrowing owls shall be relocated pursuant to accepted protocols and in coordination with the Wildlife Agencies (CDFW and USFWS). A burrow is assumed occupied if records indicate that, based on surveys conducted Qualified Biologist
City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to issuance
of grading permit
and
commencement
of any ground
disturbing
activities or
vegetation
removal
Less than
Significant
194
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐21 July 2024
following protocol, at least one burrowing owl has been observed occupying a burrow on site during the past three years. If there are no records for the site, surveys must be conducted to determine, prior to construction, if burrowing owls are present. Determination of the appropriate method of relocation, such as eviction/passive relocation or active relocation, shall be based on the specific site conditions (e.g., distance to nearest suitable habitat and presence of burrows within that habitat) in coordination with the Wildlife Agencies. Active relocation and eviction/passive relocation require the preservation and maintenance of suitable burrowing owl habitat determined through coordination with the Wildlife Agencies.

BIO‐27 Prior to the start of construction activities in modeled Le Conte’s thrasher habitat in the SRSJM Conservation Area, surveys will be Conducted by a Qualified Biologist on the construction site and within 500 feet of the construction site, or to the property boundary if less than 500 feet. If nesting Le Conte’s thrashers are found, a 500‐foot buffer, or to the property boundary if less than 500 feet, will be established around the nest site. The buffer will be staked and flagged. No construction will be permitted within the buffer during the breeding season (January 15 through June 15) or until the young have fledged.

Qualified Biologist
City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to the start
of construction
activities during
nesting season
Less than
Significant
BIO‐28 Vegetation clearing shall be conducted outside of the peak nesting season, which is generally identified as February 1 through August 31, to Qualified Avian
Biologist Outside of nesting season Less than Significant 195
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐22 July 2024
the greatest extent feasible. Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or ground‐disturbing activities. Pre‐construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre‐construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the established buffers, which shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

City Planning
Commission/City
Council
Project
Applicant/Developer
BIO‐29 Drainage and Toxics: Project stormwater runoff
will be conveyed eastward toward the Dike 4
City Planning
Commission/City
Prior to approval
of grading plans
Less than
Significant
196
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐23 July 2024
impound and away from Project surrounding open space, and SRSJM Conservation Area. Stormwater retention basins are designed to provide requisite water quality treatment, including bio‐remediation. Subsequent engineering will include preparation of a SWPPP that will ensure against increased runoff and protect water quality during and post‐construction.

Council
Project
Applicant/Developer
BIO‐30 Artificial Lighting: Night lighting shall be directed away from adjacent open space and SRSJM Conservation Area to protect wildlife from direct night lighting. Light fixtures adjacent to open space will be shielded and utilize low intensity lighting. No nighttime lighting will be utilized on the nature trail and a curfew will be established for trail use from sunrise to sunset. Notice of the trail curfew will be posted at each trail entry point. If night lighting is required during construction, shielding shall be incorporated to ensure ambient lighting adjacent conservation lands are not increased. Throughout construction and the lifetime operations of the Project, the City and Project proponent shall eliminate all nonessential lighting throughout the Project area, including the selected offsite field utilities parcel, and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the greatest extent possible, and does not result City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval
of Architectural
Review
Less than
Significant
197
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐24 July 2024
in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark‐Sky Association standards at http://darksky.org/). The City and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler.

BIO‐31 Noise: The Project will incorporate setbacks, as specified in the Specific Plan to minimize the effects of noise on wildlife.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval
of Tract Map
Less than
Significant
BIO‐32 Unauthorized Access: The Project will
incorporate signage, fencing, gates, and similar measures and barriers to inform the hiking public and to avoid or minimize unauthorized access to adjacent open space lands.

City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to approval
of Architectural
Review
Less than
Significant
198
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐25 July 2024
BIO‐33 California Desert Native Plants Act: The
applicant will collect California Desert Native Plan Act protected plants, including California barrel cactus (Ferocactus cylindraceus), Gander's buckhorn cholla (Cylindropuntia ganderi), Englemann’s hedgehog cactus (Echinocereus engelmannii), cottontop cactus (Echinocactus polycephalus), beavertail cactus (Opuntia basilaris), branched pencil cholla (Cylindropuntia ramossissima), ocotillo (Fouquieria splendens), catclaw (Acacia greggii), blue paloverde (Parkinsonia florida), and smoke tree (Psorothamnus spinosus)  and
prioritize reuse of plant materials onsite. A permit from the Agriculture Commissioner of the County of Riverside shall be obtained prior to collection and relocation of these species.

Riverside County
Agriculture
Commissioner
City Planning
Commission/City
Council
Project
Applicant/Developer
Prior to and
during collection
of California
Native plants
Less than
Significant
BIO‐34 A general biological field survey to document
existing conditions and the suitability of habitats within the utility field parcels to support special‐status wildlife species such as burrowing owl, which could potentially occur on‐site. Regardless of focused survey findings, if suitable habitat for burrowing owl is present, two (2) separate preconstruction surveys are required prior to any ground disturbance, one no less than 14 days prior to disturbance, and the other within 24 hours prior to ground disturbance.

Should take of burrowing owl be expected, a
relocation plan and extensive coordination to move animals offsite can be expected.

Qualified Biologist
City Planning
Department
Project Applicant/
Developer
Prior to any
ground
disturbance, one
no less than 14
days prior to
disturbance, and
the other within
24 hours prior to
ground
disturbance
Less than
Significant
BIO‐35: Le Conte’s Thrasher. Le Conte’s thrasher
focused surveys shall be performed by a
Qualified Avian
Biologist
Prior to
vegetation
Less than
Significant
199
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐26 July 2024
qualified avian biologist prior to vegetation removal or ground‐disturbing activities following methods outlined on pages 6‐8 of the LeConte’s Thrasher (Toxostoma lecontei) Status and Nest Site Requirements in the Coachella Valley (Hargrove, L. P. et al. 20204), including the broadcast of song and calls by a qualified avian biologist with an appropriate permit. If active nests are found during the pre‐construction nesting bird surveys, the qualified biologist shall inform CDFW and shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the established buffers, which shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

City Planning
Department
Project Applicant/
Developer
removal or
ground
disturbance
BIO‐36: Burrowing Owl Avoidance: No less than 60 days prior to the start of Project‐related activities, a burrowing owl habitat assessment shall be conducted within the Project site and surrounding area, including Qualified Biologist
City Planning
Department
Project Applicant/
No less than 60
days prior to the
start of Project‐
related activities
Less than
Significant
200
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐27 July 2024
the selected off‐site utility field parcel, by a qualified biologist according to the specifications of the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012 or most recent version).

Suitable habitat for burrowing owl has been
identified within the Project site; therefore, focused burrowing owl surveys shall be conducted by a qualified biologist according to the Staff Report on Burrowing Owl Mitigation prior to vegetation removal or ground‐disturbing activities. Focused burrowing owl surveys shall also be conducted in all areas identified through a habitat assessment as being suitable habitat for burrowing owls at the selected off‐site utility field parcel. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and Developer
201
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐28 July 2024
relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval.

Preconstruction burrowing owl surveys shall
be conducted no less than 14 days prior to the start of Project‐related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities.

BIO‐37: All operation and maintenance activities relating to the Project’s water tank facilities
CVWD During operation
of water tanks
Less than
Significant
202
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐29 July 2024
will be designed and conducted in a manner consistent with the applicable mitigation measures in the 2015 Operations and Maintenance Manual for Coachella Valley Water District Covered Activities and Facilities Within Conservation Areas. Avoidance and minimization measures include, but are not limited to: (i) the number of access routes, number and size of staging areas, and the total area of any operations and maintenance activities shall be limited to the minimum necessary to achieve the project goal; (ii) routes and boundaries outside the normal access roads shall be clearly delineated through fencing or flagging; (iii) if any CVWD employee inadvertently impacts a listed species or sensitive habitat during operations and maintenance activities, CVWD shall report the activity within 24 hours to CDFW.

City Planning
Department
Project Applicant/
Developer
b. Have a Substantial
Adverse Effect on any Riparian Habitat or Other Sensitive Natural Community Identified in Local or Regional Plans, Policies, Regulations or by the California Department of Fish and Wildlife Service BIO‐38 Prior to the issuance of grading or building permits for the project, and prior to initiating any work that may impact jurisdictional waters identified in the Travertine Project Biological Resources Assessment, the Project‐specific Delineation of State and Federal Jurisdictional Waters, Michael Baker
International, and the off‐site utility field assessment prepared by Michael Baker International, dated March 2022, June 2021, and June 2022, respectively, the Project proponent shall provide notice to CDFW and obtain a Lake and Streambed Alteration Agreement as required pursuant to California Fish and Game Code sections 1602‐1616.

City Planning
Department
Project Applicant/
Developer
CDFW
Prior to issuance
of grading or
building
permits/initiating
any work
Less than
Significant
203
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐30 July 2024
BIO‐39 Impacts to CDFW jurisdictional waters shall be
mitigated pursuant to a Habitat Mitigation and Monitoring Plan (HMMP) which will be prepared to identify specific on‐site and/or off‐site mitigation activities that will be implemented to compensate for unavoidable impacts to CDFW jurisdictional areas. The HMMP will identify the mitigation program coordinated with and approved by CDFW, set mitigation success criteria, and guide a five‐year qualitative and quantitative mitigation monitoring program to track mitigation success. Annual reports will be submitted to CDFW each year for five years, summarizing mitigation performance against the success criteria.  Impacts to non‐riparian waters will be mitigated at a minimum 1:1 ratio. Impacts to riparian vegetation will be mitigated at a minimum 2:1 ratio. The HMMP will identify the mitigation program coordinated with and approved by CDFW, set mitigation success criteria, and guide a five‐year qualitative and quantitative mitigation monitoring program to track mitigation success. Annual reports will be submitted to CDFW each year for five years, summarizing mitigation performance against the success criteria.

City Planning
Department
Project Applicant/
Developer
CDFW
Prior to issuance
of grading or
building
permits/initiating
any work
Less than
Significant
BIO‐40 Prior to construction of the Project, including the offsite utility field, a jurisdictional delineation should be conducted to determine the presence or absence and potential regulatory status of any jurisdictional features should it be determined they may be impacted by installation of water wells and the electric Regulatory
Specialist
City Planning
Department
Project Applicant/
Developer
Prior to
construction
Less than
Significant
204
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐31 July 2024
power substation within a proposed impact area. If Impacts to jurisdictional features are identified, the Project proponent shall comply with the regulatory requirements of the USACE, RWQCB and CDFW, as applicable, regarding required regulatory permits, including a Section 1602 Streambed Alteration Agreement, Section 404 Permit, Section 401 Water Quality Certification. Prior to issuance of a grading permit, the Project proponent shall implement the recommendations of the Project Drainage Study (DEIR, Appendix J.3) and in accordance with the recommendations of the Project Drainage Plan prior to issuance of a grading permit obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency. The Project Proponent shall obtain a Letter of Map Revision (LOMR) prior to issuance of the first Certificate of Occupancy.

4.4 Cultural Resources
a. Adverse change to
Historical Resources
b. Adverse change to
Archaeological Resources
CR‐1 Prior to any ground‐disturbing activities, the
Project applicant shall retain a qualified archaeologist, defined as an archaeologist that meets the Secretary of Interior’s Standards for professional archaeology, to carry out all mitigation measures related to cultural resources. Tribal monitoring of site disturbance will also be accommodated.

Qualified
Archaeologist
City Planning
Department
Project Applicant/
Developer
Prior to any
ground‐
disturbing
activities
Less than
Significant
CR‐2 The Project applicant shall assign a
compliance officer for the Project to ensure mitigation measures are in place and followed for the duration of Project construction. The Compliance Officer
City Planning
Department
Prior to any
ground‐
disturbing
activities
Less than
Significant
205
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐32 July 2024
compliance officer should prepare a monthly compliance report for distribution to the City, BOR, BLM, and interested Native American groups. The compliance officer may be the same person as the Project archaeologist or may be another qualified individual designated by the Project applicant.

Project Applicant/
Developer
CR‐3 Prior to the commencement of ground
disturbance, a Tribal Cultural Resources Monitoring and Mitigation Plan (Monitoring Plan) shall be prepared. The Monitoring Plan shall include, but not be limited to: principles and procedures for the identification of cultural resources monitoring protocols consistent with CR‐1, CR‐2 and CR‐7 for ground‐disturbing activities, a worker training program consistent with CR‐6, and discovery and processing protocols for inadvertent discoveries of cultural resources consistent with CR‐7 and CR‐8. The plan shall detail protocols for determining circumstances in which additional or reduced levels of monitoring (e.g., spot checking) may be appropriate. Fencing with a buffer shall be placed around resources to be avoided. The Monitoring Plan shall also establish a protocol for communicating with the lead agencies and interested Native American parties.

Qualified
Archaeologist
City Planning
Department
Project Applicant/
Developer
Prior to the
commencement
of ground
disturbance
Less than
Significant
CR‐4 Prior to ground‐disturbing activities in any areas outside the APE described in the Project EIR, Exhibit 4.5‐1, including but not limited to locations proposed for the off‐site utility field, a supplemental study including an updated records search at the EIC, updated Sacred Lands File search, and pedestrian survey, shall Qualified
Archaeologist
City Planning
Department
Project Applicant/
Prior to any
ground‐
disturbing
activities
Less than
Significant
206
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐33 July 2024
be conducted. If resources are identified and cannot be avoided, they shall be assessed for their eligibility for the NRHP and CRHR. Avoidance and minimization measures identified as a result of the study shall be incorporated into the Monitoring Plan.

Developer
CR‐5 In the event of unanticipated discovery of
NRHP‐ and CRHR‐eligible resources within the APE or the off‐site utility field, where operationally feasible, such resources shall be protected from direct project impacts by project redesign (i.e., relocation of the ground disturbance, ancillary facilities, or temporary facilities or work areas). Avoidance mechanisms shall include temporary fencing and designation of such areas as environmentally sensitive areas (ESAs) for the duration of the proposed Project. ESAs shall include the boundary of each historic property plus a 30‐meter (98‐foot) buffer around the resource.

City Planning
Department
Project Applicant/
Developer
During any
ground‐
disturbing
activities
Less than
Significant
CR‐6 Prior to the commencement of ground‐
disturbing activities, typically at the Project kick‐off, the qualified archaeologist or their designee will provide cultural sensitivity training to construction crews. The training will provide information on signs of potential cultural resources, regulatory requirements for the protection of cultural resources and the proper procedures to follow should unanticipated cultural resources discoveries be made during construction. Workers will be provided contact information and protocols to follow if inadvertent discoveries are made. Workers will be shown examples of the types Qualified
Archaeologist
City Planning
Department
Project Applicant/
Developer
Prior to any
ground‐
disturbing
activities
Less than
Significant
207
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐34 July 2024
of tribal cultural resources that might be encountered and that would require notification of the project archaeologist. The Project archaeologist shall create a training video, PowerPoint presentation, or printed literature that can be shown to new workers and contractors for continuous training throughout the life of the Project.

CR‐7 Prior to ground disturbance, an
archaeological monitor, working under the supervision of the qualified archaeologist, and Native American monitors from the Agua Caliente Band of Cahuilla Indians and the Torres Martinez Desert Cahuilla Indians, shall be retained to monitor ground‐disturbing activities. Monitoring will take place within or near ESAs or in other areas agreed upon by the archaeologist, City, and Native American monitor, and as identified in the Monitoring Plan. Monitoring activities will include examining the excavation of native soils as well as the disposal of spoils in certain areas. The duration, timing and location of the monitoring shall be determined by the City in consultation with the qualified archaeologist and Native American monitors as outlined in the Monitoring Plan. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer. Additionally, fencing with a buffer Qualified
Archaeologist
Native American
Monitors
City Planning
Department
Project Applicant/
Developer
Prior to any
ground‐
disturbing
activities
Less than
Significant
208
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐35 July 2024
shall be required around resources to be avoided.

CR‐8 In the event that cultural resources are
exposed during excavation, work in the immediate vicinity of the find must stop until a qualified archaeologist can evaluate the significance of the find. Ground‐disturbing activities may continue in other areas. For discoveries located outside of BLM land, if the City determines, in consideration of the subsequent analysis by the qualified archaeologist, that the resource is a protected resource under CEQA (Section 15064.5f; PRC 21082) additional work such as testing or data recovery may be warranted prior to resumption of ground‐disturbing activity in the location of discovery. For discoveries located on BLM‐land, if the BLM determines, in consideration of the subsequent analysis by the qualified archaeologist, that the resource is protected under Section 106 of the NHPA, additional work such as testing or data recovery may be warranted prior to resumption of ground‐disturbing activity in the location of discovery. Should any tribal cultural resources be encountered, additional consultation with California Native American Heritage Commission (NAHC)–listed tribal groups should be conducted in coordination with the City and/or with the BLM and BOR if the discovery occurs on federal lands.

Qualified
Archaeologist
City Planning
Department
Project Applicant/
Developer
Prior to any
ground‐
disturbing
activities
Less than
Significant
c. Disturb human
remains
CR‐9 If human remains are encountered, pursuant
to State of California Health and Safety Code Section 7050.5, no further disturbance shall occur until the Riverside County Coroner has County Coroner
During any
ground‐
disturbing
activities
Less than
Significant
209
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐36 July 2024
made a determination of origin and disposition pursuant to PRC Section 5097.98. The Riverside County Coroner must be notified of the find immediately. Additional procedures for responding to the unanticipated discovery of human remains are outlined below.

Modern Remains If the Coroner’s Office determines the remains are of modern origin, the appropriate law enforcement officials will be called by the Coroner and conduct the required procedures. Work will not resume until law enforcement has released the area. Archaeological Remains If the remains are determined to be archaeological in origin, the appropriate protocol is determined by whether the discovery site is located on federally or non‐federally owned or managed lands. Remains Discovered on Federally Owned or Managed Lands After the Coroner has determined that the remains are archaeological or historic in age, the appropriate BLM Palm Springs Field Office or BOR archaeologist must be called. The archaeologist will initiate the proper procedures under the Archaeological Resources Protection Act and the Native American Graves Protection and Repatriation Act (NAGPRA). If the remains can be determined to be Native American, the steps as outlined in NAGPRA, 43 Code of Federal City Planning
Department
Project Applicant/
Developer
210
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐37 July 2024
Regulations [CFR] 10.6 Inadvertent discoveries, must be followed. Resumption of Activity: The activity that resulted in the discovery of human remains on federal lands may resume after a written, binding agreement is executed between the BLM or BOR and federally recognized affiliated Indian Tribe(s) that adopts a recovery plan for the excavation or removal of the human remains, funerary objects, sacred objects, or objects of cultural patrimony following 43 CFR Section 10.3(b)(1) of these regulations. The disposition of all human remains and NAGPRA items shall be carried out following 43 CFR 10.6. Remains Discovered on Non‐Federally Owned/Managed Lands After the Coroner has determined the
remains on non‐federally owned or managed lands are archaeological, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation or discovery, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the California NAHC by telephone within 24 hours. The NAHC will notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours after accessing the site of the discovery to make recommendations to the landowner for treatment or disposition of the human remains. If the MLD does not make recommendations within 48 hours, the 211
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐38 July 2024
landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendent may request mediation by the NAHC Section 4.6, Geology and Soils a. Expose people or
structures to potential substantial adverse effects involving:
ii. Strong seismic
ground shaking
d. located on expansive
soil
GEO‐1 The Project developer shall implement the
seismic design criteria and parameters, in accordance with ASCE 7‐16 and 2019 CBC, as set forth in the Project geotechnical evaluation.

GEO‐2 The design of foundation and slabs (including
bearing pressure recommendations) shall be in conformance with the recommendations of the Project structural engineer and as set forth in the Project geotechnical evaluation.

City Engineering
Department
Project Applicant/
Developer
During… Less than Significant
iii. Seismic‐related
ground failure, including liquefaction
c. Located on an
Unstable Geologic Unit
GEO‐3 Grading and excavations shall be performed
in accordance with the City of La Quinta Code and regulations and the General Earthwork and Grading Specifications set forth in the Geotechnical Evaluation. Clearing and grubbing of the site shall include removal of any pavement or concrete, turf, landscaping, miscellaneous trash and debris, and disposal of deleterious material offsite. The soil engineering properties of imported soil (if any) shall be evaluated and certified by the Project geologist for use at the development site.

GEO‐4 Unsuitable earth materials shall be removed
prior to placement of compacted fill.

Project Geologist
City Engineering
Department
Project Applicant/
Developer
During grading
and excavating
Less than
Significant
212
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐39 July 2024
Unsuitable materials at the site include undocumented fills and weathered alluvial fan deposits as set forth in the Project geotechnical evaluation and as otherwise directed by the Project geologist.  Excavation and grading to carry Project‐serving roadways over the Dike No. 4 levee for the proposed Avenue 62 and Madison Street extensions, as well the Jefferson Street extension over the Dike No. 2 levee, should bench into competent existing fills on the sides with minimal removals on the top (1 to 2 feet). Grading on the levee fill shall be performed under the direction and concurrence of the US Bureau of Reclamation and CVWD.

GEO‐5 Where project soils require, they shall be overexcavated during grading to be replaced with compacted fill, as set forth in the Project geotechnical evaluation. The proposed grading is anticipated to expose cut and fill transitions at finish grade. Shallow fill areas and cut portions of lots should be overexcavated and replaced with compacted fill to provide a minimum of 4 feet of uniform fill cap over each lot. Streets should be overexcavated 2 feet below subgrade to provide uniform fill below the pavement section. Alternatively, and as recommended by the Project geologist, streets may be overexcavated 2 feet below the deepest utility to reduce the amount of oversize materials encountered and facilitate utility excavation/installation. 213
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐40 July 2024
iv. landslides GEO‐4 Unsuitable earth materials shall be removed prior to placement of compacted fill. Unsuitable materials at the site include undocumented fills and weathered alluvial fan deposits as set forth in the Project geotechnical evaluation and as otherwise directed by the Project geologist.

Project Geologist
City Engineering
Department
Project Applicant/
Developer
During grading
and excavating
Less than
Significant
GEO‐6 Rockfall hazard analysis should be performed
during the design phase if structures are planned within 100 feet of these hillsides (i.e., Coral Mountain and Martinez Rockslide) once plans are further developed to evaluate this hazard and provide site‐specific mitigation recommendations (i.e., impact walls or berms/channels), as required.

Project Geologist
City Engineering
Department
Project Applicant/
Developer
During design
phase
Less than
Significant
GEO‐7 Slopes shall be engineered for stability,
including during seismic events, to reduce potential slope failure hazards, as set forth in the Project geotechnical evaluation.

GEO‐8 Manufactured Slope Maintenance and
Protection. To reduce the erosion and surficial slumping potential of the graded slopes, permanent manufactured slopes shall be protected from erosion by concrete lining, riprap, groundcover planting or other appropriate method (i.e., jute matting, polymer coating, etc.) as approved by the Project geologist. These measures shall be applied as soon as practicable. Drainage shall be designed and maintained to collect surface waters and direct them away from manufactured slopes and as required by the Project geologist.

Project
Geotechnical
Engineer
City Engineering
Department
Project Applicant/
Developer
During design
phase
Less than
Significant
214
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐41 July 2024
GEO‐9 Structural setbacks, including those for
retaining walls, shall be established as prescribed by the Project geotechnical engineer. b. Erosion GEO‐10 The project proponent shall comply with the most current Construction General Permit
(CGP) (Order No. 2009‐0009‐DWQ as amended by 2010‐0014‐DWQ and 2012‐0006‐DWQ). Compliance with the CGP involves the development and implementation of a Project‐specific Stormwater Pollution Prevention Plan (SWPPP), which is designed to reduce potential adverse impacts to surface water quality during the period of construction. The SWPPP may include, but is not limited to, the following BMPs:
 Temporary Soil Stabilization: sandbag
barriers, straw bale barriers, sediment traps, and fiber rolls;  Temporary Sediment Control: hydraulic
mulch and geotextiles;
 Wind Erosion Control: watering of the
construction site, straw mulch;
 Tracking Control: staging/storage area
and street sweeping;
 Non‐stormwater Management: clear
water diversion and dewatering; and
 Waste Management and Materials
Pollution Control: vehicle and equipment cleaning, concrete waste management, and contaminated soil management.

City Planning &
Engineering
Department
Project Applicant/
Developer
Prior to the
issuance of
grading permits
Less than
Significant
215
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐42 July 2024
d. located on expansive soil
GEO‐11 Expansion Potential. The expansion potential
of the on‐site soils is low to very low. In accordance with the Project geotechnical evaluation recommendations, additional laboratory testing shall be performed following completion of grading operations to verify the expansion potential of the near‐surface soils.

City Public Works
Department
Project Developer
Following
completion of
grading
operations
Less than
Significant
f. Destroy a unique
paleontological resource or site or unique geologic feature GEO‐12 A qualified professional paleontologist shall prepare a Paleontological Resources Monitoring and Mitigation Plan and a Worker’s Environmental Awareness Program to train the construction crew, both to be implemented during development.

Qualified
Paleontologist
Prior to
development
Less than
Significant
Section 4.7,Greenhouse Gas Emissions a. GHG Emissions that may Significantly Impact the Environment
GHG‐1: Prior to the issuance of occupancy permits, the project applicant shall purchase a minimum of approximately 408,720 MTCO2e credits (approximately 13,624 MTCO2e per year for 30 years). The purchase of carbon credits must be made from a CARB‐approved carbon registry with independent third‐party verification. Examples of approved registries include the American Carbon Registry, Climate Action Reserve, and Verra. The applicant shall submit documentation of the offset purchase to the City demonstrating that it mitigates a minimum of approximately 13,624 MTCO2e per year (408,720 MTCO2e over a 30‐year period), prior to any occupancy of the site. Alternatively, the project applicant may submit a GHG reduction plan to the City for approval that achieves an equal level of GHG reduction outlined herein. The GHG plan City Planning
Department
Project Applicant
Prior to the
issuance of
occupancy
permits
Significant and
Unavoidable
216
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐43 July 2024
must include enforceable actions that reduce GHG emissions to at or below the total mitigated values presented herein.

GHG‐2 All residences shall incorporate roof‐top solar panels, in‐home batteries and EV charger stations to facilitate use of EVs, golf carts and other low‐speed electric vehicles (LSEVs).

GHG‐3 All planned single‐family homes to be electric‐ ready and shall include electrical circuits for space heating, water heating, cooking/ovens, and clothes dryers, electrical panel, branch circuits, and transfer switch for battery storage.

GHG‐4 Dedicated circuits and panels in residential and commercial buildings shall be provided to easily convert from natural gas to electric in the future.

GHG‐5 All non‐residential components of the
development where vehicle parking is provides shall also provide EV chargers.

GHG‐6 All household and other appliances shall be of
the highest energy efficiency rating, such as Energy Star, practicable at the time of purchase.

GHG‐7 To limit and reduce energy use associated with water consumption, all project landscaping shall be desert and other drought tolerant vegetation. The use of turf shall be kept to a minimum.

GHG‐8 All HVAC systems shall be Very High Efficiency HVAC (SEER 16/80% AFUE or 9 HSPF) or greater efficiency. 217
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐44 July 2024
GHG‐9 All domestic hot water systems shall be Very High Efficiency Water Heater (0.92 Energy Factor) with Enhanced Solar Pre‐heat System (min. 0.35 Net Solar Fraction).

GHG‐10 All potable water fixtures shall have EPA WaterSense Certification or greater efficiency.

Section 4.9, Hazards and Hazardous Materials a&b. The proposed Project would result in SI related to the transport, use, or disposal of hazardous materials during construction and operation; d. sites listed pursuant
to Government Code Section 65962.5.

HAZ‐1 Prior to grading, Limited Phase II Subsurface
Investigation shall be required. The Limited Phase II Subsurface Investigation shall be conducted by an Environmental Professional as defined in Section 312.10 of 40 CFR Part 312.  Per Section 312.10, an Environmental
Professional is an environmental consultant that has an accredited education in earth or natural science, at least five years of formal training under another environmental professional, a professional state license, and maintains expert knowledge in the environmental geology, sustainability, and engineering fields.  If chemicals exceeding regulatory
thresholds are identified during the Phase II study, the Project will develop a Soils Management Plan. The Phase II study will be conducted pursuant to ASTM E1903‐19 industry standards.

HAZ‐2 A site‐specific Soils Management Plan (SMP)
shall be developed by an Environmental Professional for the Project property if Environmental
Professional
City Planning &
Engineering
Department
Project Applicant
Prior to grading Less than Significant
218
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐45 July 2024
chemical levels exceeding regulatory thresholds are identified during the Limited Phase II Subsurface Investigation. The SMP shall be implemented during excavation and grading of the Project, and describe the protocol for managing (potentially contaminated) soils and disposing of (potentially hazardous) debris, as well as guidelines for handling known and/or undocumented subsurface features if discovered.

HAZ‐3 All agricultural related debris, materials, and
foundations shall be removed and hauled to an appropriate landfill prior to land disturbance in the previous vineyard area. If significant soil staining is found at previous storage locations, stained soil shall be excavated and disposed of in an approved landfill.

City Planning &
Engineering
Department
Project Applicant
During grading Less than Significant
HAZ‐4 In compliance with the Construction General
Permit (CGP) (Order No. 2009‐009‐DWQ as amended by 2010‐0014‐DWQ and 2012‐0006‐DWQ), the Project shall develop and implement a project‐specific Stormwater Pollution Prevention Plan (SWPPP) for construction of the project. The SWPPP shall include comprehensive handling, storage, and management procedures for building materials, especially those that are hazardous and toxic. The designation of staging areas for activities (i.e., fueling and maintaining vehicles, mixing paints, plaster, mortar, etc.), and storage of hazardous materials (i.e., paints, solvents, pesticides, fuels, oils, etc.) shall be determined in the SWPPP. Best City Planning &
Engineering
Department
Project Applicant/
Developer
Prior to the
issuance of
grading permits
Less than
Significant
219
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐46 July 2024
management practices (BMPs) are required in the SWPPP that demonstrate proper material delivery and storage; material use; and spill prevention and control. The SWPPP may include, but is not limited to, the following BMPs:
 Temporary Soil Stabilization: sandbag
barriers, straw bale barriers, sediment traps, and fiber rolls;  Temporary Sediment Control: hydraulic
mulch and geotextiles;
 Wind Erosion Control: watering of the
construction site, straw mulch;
 Tracking Control: staging/storage area
and street sweeping;
 Non‐stormwater Management: clear
water diversion and dewatering; and
 Waste Management and Materials
Pollution Control: vehicle and equipment cleaning, concrete waste management, and contaminated soil management.

Lastly, and upon project completion of construction, all hazardous materials shall be removed from the project site and a Notice of Termination (NOT) shall be filed with the Regional Water Quality Control Board.

HAZ‐5 Prior to the development of the golf facility storage and maintenance facilities, the applicant shall provide a Hazardous Materials Business Plan (HMBP) to the Riverside County Fire Department for review and approval, if necessary. The HMBP shall be kept up to date RCFD
City Planning &
Engineering
Department
Prior to the
development of
the golf facility
Less than
Significant
220
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐47 July 2024
in a location on‐site and be available for review by the Riverside County Fire Department, as needed.

Project Applicant/
Developer
HAZ‐6 Should any component of the proposed
Project require the storage or handling of hazardous materials in quantities greater than or equal to 55 gallons of a liquid substance, 500 pounds of a solid substance, or 200 cubic feet of compressed gas, it shall be required to follow the procedures established in Chapter 6.95 of the HSC, which requires any business handling and/or storing a hazardous material shall obtain a permit from the DEH and electronically submit a business plan in the Statewide Informational Management System, under the administration of the County of Riverside DEH.

County of Riverside
DEH
City Planning
Department
Project Applicant/
Developer
Prior to business Less than Significant
HAZ‐7 If onsite wells are determined to be
inoperable, they shall be properly capped and abandoned prior to grading activities in the existing wellsite areas.

City Planning &
Engineering
Department
Project Applicant/
Developer
Prior to grading Less than Significant
HAZ‐8 The Project shall consult an asbestos inspection consultant for a comprehensive asbestos survey prior to demolition of the project site.

City Planning &
Engineering
Department
Project Applicant/
Developer
Prior to
demolition
Less than
Significant
Section 4.10 Hydrology and Water Quality
HWQ‐1 The Operations and Maintenance (O&M) plan
shall include provisions to monitor and remove sediment along the west bank to maintain the CVWD Prior to approval
of final design
Less than
Significant
221
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐48 July 2024
civ. Impede or redirect
flood flows
d. risk release of
pollutants due to project inundation
required conveyance and freeboard conditions. Other aspects of the bank maintenance shall be identified based on the final design configuration of the systems. A Flood Control Facilities Operations and Maintenance Manual for the proposed improvements shall be prepared and submitted to CVWD for review and approval. The manual shall meet the requirements of Section 5.8.9 of the Development Design Manual.

City Public Works
and Engineering
Department
Project
Applicant/Developer
Section 4.11, Noise a. Generation of noise
levels in excess of established standards
b. Generation of
excessive groundborne vibration
NOI‐1 Grading and building plans shall require
project construction activities comply with the City of La Quinta Municipal Code requirements pertaining to construction noise.

NOI‐2 During all project site construction, the
construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receivers nearest the project site.

NOI‐3 The construction contractor shall locate
equipment staging in areas that will create the greatest distance between construction‐related noise sources and noise‐sensitive receivers nearest the project site during all project construction.

NOI‐4 The construction contractor shall limit
construction haul truck deliveries to the hours permitted by the City of La Quinta. The contractor shall also design delivery routes to City Planning &
Public Works
Department
Project Applicant/
Developer
Prior to the
approval of
grading plans
and/or issuance
of building
permits
Less than
Significant
222
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐49 July 2024
minimize the exposure of sensitive land uses or residential dwellings to delivery truck‐related noise.

NOI‐5 Prior to water well drilling, the construction contractor shall provide a temporary 24‐foot‐high noise barrier capable of reducing noise during well construction activities to 80 dBA Leq or less.

City Planning &
Public Works
Department
Project Applicant/
Developer
Prior to water
well drilling Less than Significant
Section 4.14, Public
Services a. Fire Protection
PS‐1: Travertine Fire Master Plan (FMP) was
developed to analyze emergency access to the Project and determine and implement strategies at the Project site to improve RCFD and CAL Fire operations and service delivery. The FMP and Addendum FMP were required to be prepared to address adequate fire protection for the area and mitigate potentially unacceptable response times in the interior of the Project. The FMP further states that conformance to the full circulation plan is required for any additional development beyond Phase 1 of the Project. The later phases of development would include the improvement of Jefferson Street, which would provide emergency access to the Project. Full buildout of the Project is evaluated in the Addendum FMP. The Project applicant shall implement the safety measures established in the Travertine Fire Master Plan which include the following:
 approved emergency access points;
RCFD
City Fire & Building
Department
Project
Applicant/Developer
Prior to issuance
of Occupancy
Permit
Less than
Significant
223
CLICK HERE to Return to Agenda

4.0   MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR   4‐50 July 2024
 roadway design standards for fire
protection vehicles;
 minimum water quantity and
pressure necessary for firefighting;
All developer plans showing fire system connections shall provide information on the type of fire system that is being installed for the development (e.g., wet‐pipe fire sprinkler systems, deluge fire sprinkler systems and dry pipe and precaution fire systems).  A fire flow of 2,375 gallons per minute for 2‐hour duration at 20 psi shall be required at the Project in accordance with Appendix B of the California Fire Code. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from the hydrant shall be provided. Minimum fire flow for all residential structures shall be 875 gallons per minute for a 1‐hour duration at 20 psi operating pressure. Fire hydrant spacing shall be in accordance with Appendix C of the California Fire Code. Both requirements must be available prior to placing any combustible materials on the job site.  The fire system plans shall be submitted to CVWD to review the complexity and type of proposed fire system.

PS‐2: The Addendum to the Fire Master Plan ensures adequate fire protection for the area through the following enhanced mitigation measures.  building construction standards;
224
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐51 July 2024
 emergency power facilities for the
proposed booster stations;
 an area of refuge;  optic‐con sensors located to open gates ahead of fire engine arrival;
 implementation of a community
emergency response team (FEMA) programs; and
HOA/community training for CPR and AED and risk reduction programs.

Section 4.13, Transportation
a. Conflict with an
applicable plan or policy addressing the circulation system c. Increase hazards
due to a geometric design feature
d. Result in inadequate
emergency access
Mitigation Measures
TRA‐1 Project mitigation may include a combination
of a fair share of fee payments to the affected jurisdiction, construction of specific improvements and reimbursement to the Project proponent to account for proponent fair share of improvement, or a combination of these approaches. The Summary of 2040 Intersection Improvements (Table 4.16‐26) are set forth below, are feasible and will mitigate Project impacts for all three access options discussed above to levels that are less than significant. The following improvements are recommended by the TIA:
 Monroe Street at Avenue 52(#14) –
Install traffic signal control; Provide separate northbound left turn lane, provide second northbound through lane.

City Public Works
Department
Project Applicant
Prior to the
issuance of
grading and
building permits.

Less than
Significant
225
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐52 July 2024
 Monroe Street at Avenue 60 (#10) –
Construct traffic signal improvements for eventual reimbursement via the City of La Quinta.

In addition to General Plan geometrics,
provide the following lanes:
 SB Approach: Provide separate
right turn lane
 EB Approach: Provide separate
right turn lane with right turn overlap phase
 WB Approach: Provide 2nd through
lane
 Madison Street at Avenue 58 (#1) –
Install traffic signal control; provide second eastbound through lane.

In addition to General Plan geometrics,
provide the following lanes:

EB Approach: Convert inside through lane into 2nd left turn lane.  Madison Street at Avenue 54 (#3) –
Install traffic signal control; Convert eastbound de facto right turn lane into free right turn lane.  Jefferson Street at Avenue 50 (#8) –
Provide second westbound through lane. (This intersection is located in both the City of La Quinta and the City of Indio. The proposed improvement is in the City of Indio.) 226
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐53 July 2024
 Jefferson Street at Avenue 54 (#6) –
Install traffic signal control, convert 2nd
eastbound through lane into right turn lane, provide westbound right turn overlap phasing.  Monroe Street at Avenue 58 (#11) –
Install traffic signal control, provide separate northbound left turn lane, provide separate northbound right turn lane, provide separate southbound left turn lane, provide separate eastbound left turn lane, provide separate westbound left turn lane; Provide separate northbound left turn lane.

In addition to General Plan geometrics,
provide the following lanes:
 NB Approach: Provide 2nd left turn
lane, add right turn overlap phase to right turn lane
 SB Approach: Provide 2nd left turn
lane
 EB Approach: Provide separate
right turn lane
 Monroe Street at Airport Blvd (#12) –
Install traffic signal control
 Monroe Street at Avenue 54 (#13) –
Install traffic signal control, provide separate southbound left turn lane, provide separate westbound left turn lane; provide second northbound through lane, provide second southbound through lane. 227
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐54 July 2024
 Jefferson Street at Avenue 52 (#7) –
reconstruct the current roundabout design to incorporate 2 circulating lanes around the center island to accommodate an additional through lane in the northbound and southbound directions.  Jackson Street at Avenue 58 (#18) –
Install traffic signal control (This intersection is located in the County of Riverside).  Jackson Street at Airport Boulevard
(#19) – Install traffic signal control. (This
intersection is located in the County of Riverside).
 Monroe Street at Avenue 62 (#9) –
Install traffic signal control, provide northbound shared left‐through‐right lane, provide separate eastbound left turn lane, provide separate westbound right turn lane. (This intersection is located in the City of La Quinta at the northwest corner, and in the County of Riverside at the northeast, southwest and southeast corners).

In addition to General Plan geometrics, provide the following lanes:
 SB Approach: Provide 2nd left turn
lane, add right turn overlap phase to existing right turn lane  EB Approach: Convert through‐
right lane into left‐through‐right lane
228
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐55 July 2024
 WB Approach: Provide separate
left turn lane
 Jackson Street at Avenue 62 (#16) –
Install traffic signal control. (This intersection is located in the County of Riverside.)  Jackson Street at Avenue 60 (#17) –
Provide traffic signal. (This intersection is located in the County of Riverside.) TRA‐2: Traffic Control Plan
Prior to obtaining a grading permit, the applicant shall prepare and submit the City of La Quinta for review and approval detailed construction traffic management plans, including street closure information, detour plans, haul routes, and staging plans as necessary for any off‐site work that would encroach on public right‐of‐way. The construction traffic management plans shall include the following elements, as appropriate:
 Provisions for temporary traffic control
during all construction activities adjacent to public right‐of‐way to improve traffic flow on public roadways (e.g., flag person);  Construction‐related vehicles shall not
park on surrounding public streets;
 Provision of safety precautions for
pedestrians and bicyclists through such measures as alternate routing and protection barriers; 229
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐56 July 2024
 Schedule construction‐related deliveries
to reduce travel during peak travel periods;
 Obtain the required permits for truck
haul routes from the County of Riverside, the City of Rancho Mirage, the City of Palm Desert, and Cathedral City prior to the issuance of any permit for the project; and  Obtain a Caltrans transportation permit
for use of oversized transport vehicles on Caltrans facilities.  Outline adequate measures to ensure
emergency vehicle access during all aspects of the project’s construction, including, but not limited to, the use of flagmen during partial closures to streets surrounding the project site to facilitate the traffic flow until construction is complete.

Include the implementation of security measures during construction in areas that are accessible to the general public to help reduce any increased demand on law enforcement services, including fencing construction areas, providing security lighting, and providing security personnel to patrol construction sites. 230
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐57 July 2024
Section 4.17, Tribal Cultural Resources
a. Cause substantial
adverse change in significance of tribal cultural resource that is i. A site listed in the
CRHR or Local Register, Tribal Cultural Resources
ii. A resource
determined to be significant to a California Native American tribe.

See CR‐1 through CR‐9
Qualified
Archaeologist
Native American
Monitors
City Planning
Department
Project Applicant/
Developer
Prior to and
during ground
disturbing
activities
Less than
Significant
Section 4.18, Utilities and Service Systems a. stormwater impact See HWQ‐1 CVWD
City Public Works
and Engineering
Department
Project
Applicant/Developer
Prior to approval
of final design
Less than
Significant
231
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐58 July 2024
Table 4‐2 Travertine Specific Plan Amendment Project Design Features Project Design Features

4.1 Aesthetics
PDF AES‐1 All construction equipment will be stored onsite within a designated area that is fenced with opaque construction fencing in order to reduce temporary visual impacts. Construction waste will be stored in an area that is accessible to weekly refuse pick up. All construction waste will be taken to a recycling center.

PDF AES‐2 The Avenue 62 crossing over Dike No. 4 shall include a concrete barrier at the edge of the right‐of‐way of Avenue 62 over Dike No. 4. The concrete barrier shall be embossed in an aesthetically pleasing manner to further blend the crossing of Avenue 62 with its surroundings.

4.2 Air Quality
PDF AQ‐1 To reduce water demands and associated energy use, subsequent development proposals within the Project property would be required to implement a Water Conservation Strategy and demonstrate a minimum 20% reduction in indoor and outdoor water usage, consistent with the current CalGreen Building Code performance standards for residential and non‐residential land uses, achieved in part through the schedule of plumbing fixtures and fixture fittings that will reduce indoor use and efficient irrigation systems for outdoor use.

PDF AQ‐2 In order to reduce the amount of waste disposed at landfills, the Project would be required to implement a 50% waste diversion as required by AB 939.

4.2 Air Quality
PDF BIO‐1 Prior to issuance of a grading permit, the Project proponent shall implement the recommendations of the Project Drainage Study (DEIR, Appendix J.3) and in accordance with the recommendations of the Project Drainage Plan prior to issuance of a grading permit obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency. The Project Proponent shall obtain a Letter of Map Revision (LOMR) prior to issuance of the first Certificate of Occupancy.

4.6 Energy Resources
PDF ENR‐1 The Project shall, consistent with the Specific Plan Amendment incorporate complementary land uses near one another in order to decrease VMTs since trips between land use types are shorter and may be accommodated by non‐auto modes of transport. 232
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐59 July 2024
PDF ENR‐2 The Project property includes sidewalk connections, trail networks (i.e., strolling trails, Community Grand Loop trail, and interconnector trails), and a Class II bike path. The sidewalk connections, trails, and bike paths would minimize barriers to pedestrian access and interconnectivity.

PDF ENR‐3 The Project will be required to implement Title 24’s Residential Mandatory Measures and Appliance Energy Efficiency Standards (Title 20) in effect at the time of construction, which require the installation of solar photovoltaic systems to newly constructed, low‐rise residential buildings, high efficiency lighting, and application of energy efficient design building shells and building components, such as windows, roof systems, electrical lighting systems, and heating, ventilating and air conditioning systems.

PDF ENR‐4 The Project will install water‐efficient plumbing fixtures and irrigation systems, LED technology, and drought‐ tolerant plants in landscaping.

4.8 Greenhouse Gas Emissions
PDF GHG‐1 The Project will consider the solar orientation of buildings to reduce impact of the development with natural environment.

PDF GHG‐2 The Project will implement passive and active solar systems to take advantage and consider the year‐around abundant sunshine.

4.8 Greenhouse Gas Emissions
PDF HWQ‐1 The Grand Loop Trail may from, time to time, be declared temporarily closed due to heightened public safety concerns, with entry restricted or prohibited. Public safety conditions may include, but are not limited to, wet conditions, natural debris, or seasonal closure.

PDF HWQ‐2 Prior to grading, recordation, or other final approval, the Project proponent shall obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit). Project construction shall comply with all applicable requirements specified in the Construction General Permit, including but not limited to, preparation of a Stormwater Pollution Prevention Plan (SWPPP), a signed certification statements, and any other compliance‐related documents required by the permit, to the State Water Resources Control Board.
233
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐60 July 2024
PDF HWQ‐3 Prior to issuance of a grading permit, the Project proponent shall implement the recommendations of the Project Drainage Study (DEIR, Appendix J.3) and in accordance with the recommendations of the Project Drainage Plan prior to issuance of a grading permit obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency. The Project Proponent shall obtain a Letter of Map Revision (LOMR) prior to issuance of the first Certificate of Occupancy.

4.11 Land Use and Planning
PDF LU‐1 Consistent with the Travertine Specific Plan Amendment, the Project will offer a variety of housing and recreational amenities. The housing sizes and styles will be designed to meet the needs of all age groups. The recreational amenities will include a 5‐mile‐long public trail that will be developed around the perimeter of the Project property; a central private spine trail that bisects the residential areas of the property; on‐street bike paths; preservation of natural open space; additional private parks located within the development area; a skills golf course and golf academy; and a resort and spa with restaurants, shops and activities.

4.14 Public Services
PDF PS‐1 The Project and residential areas shall be gated, with the intention of increasing community security and minimizing potential crimes, and consistent with standard operations of resort communities, the proposed resort will incorporate private security services to maximize security of the overall Project. Additionally, lighting features throughout the Project will enhance security and maximize visibility within the Project streets, intersections, and other crosswalks.

PDF PS‐2 All water mains and fire hydrants providing the required fire flows will be constructed in accordance with the City Fire Code Appendix B and Appendix C in effect at the time of development.

4.16 Transportation
PDF TR‐1 The project will implement marketing strategies to optimize interaction between on‐site resort and residential uses.

Information sharing and marketing are important components to successful trip reduction strategies. Marketing strategies will include:
 Resident member benefits that include use of the resort amenities  Event promotions
234
CLICK HERE to Return to Agenda

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Travertine Final EIR 4‐61 July 2024
 Publications
PDF TR‐2 The Project property includes sidewalk connections and would minimize barriers to pedestrian access and interconnectivity.
235
CLICK HERE to Return to Agenda

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 617 which was introduced at a regular meeting on the 6th day of August 2024, and was adopted at a regular meeting held on the 17th day of September 2024, not being less than 5 days after the date of introduction thereof.

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the 18th day of September, 2024, pursuant to Council Resolution No. 2022-027.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
236 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: September 17, 2024

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 38083, LOCATED ON THE SOUTH SIDE OF AVENUE 54 BETWEEN MADISON AND

MONROE STREETS

RECOMMENDATION
Adopt a resolution approving the Final Tract Map and Subdivision Improvement Agreement for a residential development associated with Tract Map No. 38083; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• Toll West Coast, LLC (Developer), has requested approval of Final Tract Map No. 38083.
• This is a ministerial action that occurs when the conditions of development are satisfied or secured through agreement.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The project is a residential development within Griffin Ranch located on the south side of Avenue 54 between Madison and Monroe Streets surrounding the Merv Griffin Estate (Attachment 1). The Final Tract Map subdivides 20 existing approximately one-acre vacant residential lots into 37 approximately half-acre lots. The tentative tract map for this project was approved by the Planning Commission on May 24, 2022. The Developer seeks approval of the Final Tract Map (Attachment 2) and Subdivision Improvement Agreement (Attachment 3). The Developer has executed the Subdivision Improvement Agreement and submitted bonds to secure the completion of on-site improvements and restoration of off-site street frontage for the temporary construction entrance on Avenue

54. The Final Tract Map has passed technical review by the City Surveyor and has been signed by the Developer.

ALTERNATIVES – Staff does not recommend an alternative action.

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

2. Tract Map 38083

3. Subdivision Improvement Agreement
CONSENT CALENDAR ITEM NO. 7
237 CLICK HERE to Return to Agenda
RESOLUTION 2024 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF

FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT ASSOCIATED WITH TRACT MAP NO. 38083
WHEREAS, the Planning Commission approved Tentative Tract Map No. 38083, as permitted under the Subdivision Map Act, on May 24, 2022, subject to conditions of approval; and
WHEREAS, the developer has completed the conditions of approval or secure the incomplete improvements with a Subdivision Improvement Agreement and bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. That the City Council does hereby grant approval of Final Tract Map and Subdivision Improvement Agreement associated with Tract Map No. 38083, as referenced in the title of this Resolution, for the reasons set forth in this Resolution.

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 17th day of September 2024, 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
238 CLICK HERE to Return to Agenda
Resolution No. 2024 – XXX
Tract Map No. 38083
Adopted: September 17, 2024

Page 2 of 2 ends

La Quinta City CouncilSeptember 17, 2024

La Quinta City Council
September 17, 2024