Agenda packet — La Quinta City Council, August 4, 2026 (part 3 of 4)

fails to reimburse IID for any exceedances hereunder no later than one-hundred eighty (180) calendar days following the date of mailing of notice of the Final Cost, then, subject to Section 8(a), IID may elect to allocate any electrical capacity realized from such Capacity Reduction as set forth in Section 89(b), Section 89(b)(i) and Section 109, as IID may deem appropriate under the circumstances in IID’s sole and absolute discretion.

7. Term. The Parties agree that this Agreement and the Capacity Reservation Period (defined below) will remain in effect for a period of Twenty (20) calendar years from the date of completion (in-service) of the New Facility unless extended by mutual written agreement of the Parties.

8. Reservation of Capacity. Each Developer has provided IID with each Developer’s respective development plan or schedule of electrical service needs that will use new electrical capacity from the New Facility for each Development. Each Developer’s plans involve a phased-in usage of the New Facility as further identified in Exhibit A attached hereto and incorporated herein by reference. Each Developer acknowledges and agrees that the capacity reservation is based upon the plan of service provided to IID by each Developer. Subject to Section 78(a), for a period of twenty (20) years from the date of completion (in-service) of the New Facility, IID shall reserve capacity in the New Facility for each Developer in the quantity outlined in Exhibit A (the “Capacity Reservation Period”). On an annual basis, beginning the first full year following completion (in-service) of the New Facility, IID and each Developer will review each Developers’ respective usage of their reserved capacity for its Development. Any deviation in use outside of that identified in Exhibit A will result in a change in available capacity, if any, available in future identified phases. For example, if a Party (other than IID) has a total capacity reservation of 1000 kVA and is intended to be phased-in over four years at 250 kVA per year, and in the first year the total capacity used is 500 kVA, then as to such Party, there would only be 500 kVA of reserved capacity remaining for such Party for the remainder of the capacity reservation period. Such annual review of remaining capacity shall not operate to reduce the overall capacity reserved to any Participant hereunder as set forth on Exhibit “A”, only that such review shall determine the balance of such reserved capacity remaining for such Participant when accounting for all prior usage or transfer or assignment of such capacity by or from such Participant. Notwithstanding the foregoing, the Capacity Reservation Period shall not be applicable to the Reliability Band which is to be allocated permanently to IID for purposes of maintaining electrical system reliability and native-load resiliency. a. Capacity Maintenance Fee. If upon the tenth (10th) anniversary of the date of completion (in-service) of the New Facility any Developer has not then used or caused to be used at least fifty percent (50%) of the capacity reserved for said Developer, then, to extend Developer’s reservation of the balance of the capacity then un-used for an additional ten (10) years, Developer shall pay to IID a one-time capacity maintenance fee in an amount equal to one-hundred dollars ($100.00) multiplied by the total capacity (measured in kVA) then remaining on reserve for such Developer (the “Capacity Maintenance Fee”). Developer shall pay such Capacity Maintenance Fee to IID no later than sixty (60) days of mailing of notice thereof to each Developer which may then be subject to the Capacity Maintenance Fee. If Developer fails to pay any portion of the Capacity Maintenance Fee as and when due, IID may terminate the remaining reserved capacity held by IID from the New Facility for the benefit of such Developer hereunder and may, Subject to Section 89(a), elect to allocate any electrical capacity realized from such termination as set forth in either Section 89(b) or Section 89(b)(i) or Section 109, as IID deems appropriate under the circumstances in IID’s sole and absolute discretion. 312 CLICK HERE to Return to Agenda

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Developers acknowledge and agree the Capacity Maintenance Fee is intended to address and compensate for IID’s on-going operational costs associated with operation of the New Facility prior to becoming fully subscribed with new electrical service customers. Under no circumstances shall City or County be required to pay a Capacity Maintenance Fee, including the situation in which IID has reallocated to City or County capacity to be funded by City or County pursuant to Section 89(ba) of this Agreement. b. Transfer or Assignment of Capacity Reservation by Developer. Developers may transfer or assign all or a portion of its capacity reservation only in connection with (i) a transfer of all or any pro rata portion of the specific Development site or project for which Developer’s development plan was prepared and submitted to IID as identified herein, or (ii) in connection with Developer’s pledge of its capacity reservation hereunder in connection with the pledge of Developer’s specific development site or project identified herein for purposes of obtaining financing therefor; provided, however, Developer shall first obtain the written concurrence of IID for such transfer or assignment, and which transfer or assignment, if so approved by IID, is to be evidenced using the form of Consent to Assignment attached hereto as Exhibit “G” and incorporated herein by this reference (the “Form of Assignment”) as the same may be amended by IID from time to time. c. Transfer or Assignment of Capacity Reservation by City or County. City or County may transfer or assign all or a portion of any capacity reserved to it hereunder provided (i) such capacity is not already allocated to other otherwise assigned to a particular development site or project or proposed use and (ii) City or the County shall first consult with IID and obtain IID’s advance concurrence therefor as evidenced by IID’s delivery of a duly executed Form of Assignment (as defined above) therefor such transfer or assignment.
d. Prohibition on Transfer or Assignment. In no event may any capacity reserved hereunder to any Party (other than IID) be transferred or assigned pursuant to either of Section 87(ab) or 87(bc) if the assignee receiving such capacity reservation intends or seeks to make use of such reserved capacity in a location remote from or otherwise not electrically integrated to the New Facility as determined in IID’s sole and absolute discretion.

9. Complete Participation. The Parties acknowledge and agree that collective participation by each Developer, the City and the County (the “Participants”) as outlined herein this Agreement is absolutely necessary for the complete funding and construction of the New Facility to meet the electrical requirements of each Developer, the City and the County.

Unless otherwise set forth in this Agreement, each and every payment made hereunder by each Developer, the City and the County, including any paid pursuant to the Milestone Payment and Reimbursement Schedule shown on Exhibit “F”, attached hereto and incorporated herein by this reference, or otherwise, is paid unconditionally and is nonrefundable, provided, however, IID shall apply such payments as set forth in Section

8. In the event one or more Developers fails to pay any monetary sum or otherwise perform any obligation as and when due under this Agreement, IID may declare such Party in default of this Agreement by sending notice thereof to such Party(s) and thereafter providing such Party(s) thirty (30) days to cure such breach. If any Party shall fail to cure such breach following notice and the passage of such thirty-day cure period, IID shall be entitled to immediately terminate this Agreement as to such Party and retain any and all sums then paid by such Party and which such sums IID shall be entitled to apply as follows: first: (1) toward any sums outstanding to City pursuant to Section 56(a) of this 313 CLICK HERE to Return to Agenda

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Agreement, (2) toward any outstanding financial sums, including, without limitation, any Construction Costs, owing under any contract to which IID has entered into pursuant to this Agreement to facilitate the development and construction of the New Facility; then, (3) toward any financial sums outstanding hereunder this Agreement owed to IID for any portion of the Work completed, including, for example, any engineering work or study, prior to such termination; and then, (4) to any other Construction Costs as and when the same may become due in the ordinary course pursuant to this Agreement. In the event of such termination, IID will allocate to such terminated Developer(s) only a pro rata share of the electrical capacity to be realized from the New Facility on the basis of such amounts actually paid by such terminated Developer(s) as the same bears against the Final Cost of the New Facility utilizing the methodology set forth in Section 910(b). The obligation of each Developer, including any to which this Agreement is terminated pursuant to this Section 89, to pay any monetary sum incurred or committed to be incurred or to otherwise be paid pursuant to this Agreement will survive termination of this Agreement. a. City or County Contribution. In the event IID terminates this Agreement as to one or more Developers prior to the Construction Costs being funded in full pursuant to this Agreement, then prior to application of the procedures set forth in Section 89(b) or 89(b)(i) or Section 910, City or the County, at its election, may fund or otherwise perform any obligation of such terminated Developer(s), or such portion thereof as City or the County may desire to elect. In such event, IID will reallocate to City or the County the associated capacity from the New Facility which will be funded by City or the County hereunder this Section 98(a), on a pro rata basis. Upon termination of this Agreement as to any Developer(s), IID will notify City or the County of such termination and thereafter, City or the County shall have no less than forty-five (45) calendar days in which to make its election, if any, as City or the County may desire pursuant to this Section 89(a) to fund or perform the obligation of such terminated Developer(s) or portion thereof and receive therefor a corresponding reservation of capacity from the New Facility. In the event City or County makes any election to participate in the payment of any sum or performance of any obligation of a terminated Developer(s) hereunder, upon such election, and unless otherwise set forth herein, City or the County shall be subject to each and every provision hereof this Agreement as if City or the County were a Developer. In the event City and County each elect to fund or otherwise perform any obligation of such terminated Developer(s) and such elections by each of City and County, collectively, would result in overlap of such obligations, and City and County are unable to agree amongst themselves as to how to resolve such overlap with respect to their respective allocations of the balance of such Construction Costs and any corresponding capacity from the New Facility pursuant to this Section 9(a) on or before the expiration of the foregoing forty-five (45) calendar day period, then such Constriction Costs and corresponding capacity from the New Facility shall be allocated amongst City and County as follows: City: Sixty-Five Percent (65%), and County: Thirty-Five Percent (35%).
b. Substitute Developer. In the event IID terminates this Agreement as to one or more Developers prior to the Construction Costs being funded in full by any Participant pursuant to this Agreement, and provided the City or the County have not made an election to participate in place of any terminated Developer(s) pursuant to Section 89(a), or City or the County elects to participate in place of any terminated Developer but only as to a portion thereof such obligation of the terminated Developer(s), then IID may, in is sole and absolute discretion, accept one or more substitute developer(s) to participate in this Agreement, on a pro rata basis, in place of any Developer(s) to which this Agreement has been terminated as to the balance of any electrical capacity, or portion thereof, that was 314 CLICK HERE to Return to Agenda

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to be allocated to such terminated Developer(s) hereunder and which is not elected by City or the County pursuant to Section 89(a). In the event of any such substitution, IID shall notify such substitute developer(s) of the balance of the pro rata cost such substitute developer(s) shall be obligated to pay hereunder as a substituted developer together with the total amount of electrical capacity to be allocated to such substituted developer pursuant to this Section 98(b). Such substitute developer(s) shall have forty-five (45) calendar days in which to agree to accept such financial obligation and execute and deliver a counterpart of this Agreement to City, County and IID. IID will also provide notice to the other participating Developers. Nothing herein shall preclude any of the Developers, City or County from participation as a substitute party to any terminated Developers pursuant to this Section 89(ab).
i. Reallocation of Construction Costs. In the event IID does not accept one or more substitute developers to replace any Developers to which this Agreement has been terminated as set forth in Section 98(b), IID may reallocate the balance of any Construction Costs then remaining to be paid hereunder by and amongst all remaining Developers on a pro rata basis; provided, however, the IID Contribution shall not be adjusted pursuant to any reallocation and shall instead continue to remain seventeen percent (17%) of the Construction Costs. In such event, IID will prepare an Updated Milestone Payment and Reimbursement Schedule and deliver the same to Developers, City and the County (as may be applicable). IID will also reallocate to the Developers, City and County (as may be applicable) the excess capacity realized from such termination on the same pro rata basis and which excess capacity each Party (other than IID) may then use or otherwise assign or transfer pursuant to the terms and conditions of this Agreement.

10. Future Use by Third Parties. If following payment in full of the Final Cost, the (i) Developer(s) respective use of the New Facility, in aggregate, is less than the full added capacity of the New Facility, or (ii) upon termination of this Agreement as to any Developer as permitted hereunder and any resulting reduction in any allocated capacity thereto, including any termination for failure to pay any amount due hereunder, including, without limitation, the Capacity Maintenance Fee, then, IID may make any additional and/or remaining capacity available to prospective third-party customers of IID for their respective electrical service needs. In such event, each Developer, the City and the County may be eligible for reimbursement for a portion of the New Facility cost from such third-party customer(s) in accordance with their pro rata share of the Final Cost of the New Facility.

Reimbursement would be available only from third-party customer(s) paid to and through IID as set forth in Section 10(a)9. For purposes of this Agreement, the phrases “third-party customer(s) shall mean customers other than the Developers set forth on Exhibit “A” that connect to and/or otherwise make use of the New Facility. Notwithstanding the foregoing, the Parties anticipate that substantively all of the new electrical capacity to be created by development and construction of the New Facility is or will be fully subscribed and allocated for use by Developers and IID such that no excess or unreserved capacity is anticipated from the New Facility. No reimbursement shall be due and owing to any Developer hereunder if such fees are collected from such third-party customer(s) following expiration of the term of this Agreement.
a. Collection of Reimbursement from Third-party Customer(s). For the term of this Agreement, IID shall impose a charge upon all third-party users, if any, making use of the New Facility on the basis of such customer(s) pro rata share of the Construction Costs.

Funds shall be collected from any and all third-party customer(s) at the time a third-party customer applies to IID for electrical service. In no event shall IID be obligated to reimburse 315 CLICK HERE to Return to Agenda

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Developers for any third-party customer(s) use of the New Facility, unless and until such third-party customer(s) use the New Facility and provide compensation to IID therefor pursuant to this Section 109(a). Notwithstanding the foregoing, the Parties anticipate that substantively all of the new electrical capacity to be created by development and construction of the New Facility is or will be fully subscribed and allocated for use by Developers and IID hereunder such that no excess or unreserved capacity is anticipated from the New Facility.
b. Methodology for Reimbursement. Reimbursement, if any is to occur hereunder, will be based upon the pro rata use of the New Facility by each Developer and third-party customer(s), if any, all on the basis of the Final Cost and without adjustment therefor for inflation, or interest thereon. A determination of use shall be based upon a pro rata charge on the third-party customer(s)’ load requirements based on a kVA usage or such other methodology as determined by IID, in its reasonable discretion, that will provide Developers with similar reimbursement from said third-party customer(s). This methodology shall also apply to City and the County to the extent IID has reallocated to City or County capacity to be funded by City or County pursuant to Section 89(ba) of this Agreement.
c. IID Not Liable for Reimbursement. With exception for the IID Contribution and any obligation to remit any reimbursement hereunder either (1) to City or County pursuant to Section 56(a), or (2) a Developers and/or City or County, or all three as may be applicable, for any fees paid by any third-party customer(s) of IID hereunder this Section 109 for use of any excess capacity from the New Facility, in no event shall IID be liable to the City, County or each Developers, or any of them, for reimbursement for any portion of the cost of the New Facility, including, without limitation, the Final Cost. d. This Section 10 and its provisions are intended only to address use and reimbursement of excess capacity realized from the New Facility in excess of the amounts otherwise allocated pursuant to this Agreement. Notwithstanding the foregoing, the Parties anticipate that substantively all of the new electrical capacity to be realized from the New Facility is or will be fully subscribed and allocated for use by the Participants and IID hereunder such that no excess or unreserved capacity is anticipated from the New Facility. No provision of this Section 10 concerning reimbursement from third-party customer(s) for use of the New Facility shall be applicable to any transfer or assignment by any Participant pursuant to Section 98(b) or 98(c), as applicable, including as to any value given or exchanged by and between such Participant and any transferee or assignee thereof as may be permitted under this Agreement.

11. Payment and Accounting. IID shall create a segregated account designated for sums it collects from third-party customer(s) which use the New Facility and shall, not more than twice annually, disburse reimbursement to each Developer and/or City or County, or all of them, as may be applicable, together with an accounting of collections and disbursements of such funds, including any to cover administrative costs associated with this Agreement.

Such reimbursement shall also include any interest accrued from the segregated account utilized by the IID hereunder. The Parties (and their successors and assignees) agree and acknowledge that the payments made pursuant to this Agreement by each Developer, the City and the County shall be the only payments required of the Participants for the New Facility.

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for each Developers shall terminate on the first of the following to occur: (i) the capacity reserved has been used by each Developer or their transferee or assignee; or (ii) upon termination of such reserve capacity, or portion thereof, by IID for failure of each Developer to pay any amounts required hereunder, including, without limitation, the Capacity Maintenance Fee or upon such other default of such Developer; or, (iii) 20 years from date of completion (in-service) of the New Facility. IID’s obligation to reserve capacity for the City or County, as applicable, shall terminate only once the capacity reserved has been used by City or County, as applicable, or their transferee or assignee.

13. Ownership of the New Facility. The Parties acknowledge and agree that IID solely shall own the New Facility, including all appurtenant equipment, rights, and associated interests made, given, granted or arising in connection therewith, including any manufacturer’s warranties upon any of the foregoing, including any which may be acquired pursuant to this Agreement. In accordance with the recitals contained hereinabove, the Parties acknowledge that at all times hereafter the date of this Agreement, the New Facility will be owned, operated and maintained by IID as an integral part of the Avenue 58 Facility and which New Facility shall not be subject to any physical or legal separation therefrom the Avenue 58 Facility under any circumstance. The Parties (not including IID) shall not acquire any ownership rights in the Avenue 58 Facility or the New Facility, including by virtue of this Agreement. Upon completion of the New Facility, IID shall operate and maintain the New Facility as part of its electric system in accordance with good utility practice. The Parties (and their successors and assignees) agree and acknowledge that the payments made pursuant to this Agreement by the Developers, and where applicable, City and County, shall be the only payments required for the development and construction of the New Facility, and that any successors or assigns of IID shall be bound by the terms of this Agreement with respect to the New Facility.

14. IID Not Liable for Delays. In no event shall IID be responsible under the terms of this Agreement for any delay in completion (in-service) of the New Facility, provided, however, IID will make all commercially reasonable efforts to avoid delay in completion (in-service) of the New Facility.

15. Indemnification and Hold Harmless Agreement.
a. As between IID, Agencies and Developers. Developers, separately and severally, shall at all times indemnify, defend, protect and hold harmless IID and each Agency, and their respective Boards, Councils, officers, executives, officials, employees, contractors, agents and representatives from and against any and all suits, causes of action, claims, charges, damages, demands, judgments, civil fines, penalties, costs and expenses (including without limitation, attorneys’ fees, and costs of experts and consultants), or losses of any kind or nature whatsoever including, without limitation, business interruption, impairment of contract, death, bodily injury or personal injury to any person, and damage, destruction or loss of use of any property (financial, physical, or intellectual) or, without limitation, any claims or suits made or brought in connection with any administrative or legal proceeding challenging any aspect of the CEQA compliance undertaken by IID pursuant to Section 2 of this Agreement (collectively, “Claims”), arising out of, incident to or directly or indirectly related to: (i) the acts, errors or omissions, performance or nonperformance of any of the Developers their employees, agents, contractors, or representatives, under or in connection with this Agreement; and (ii) the acts, errors, or omissions, or performance of IID, or any Agency, or any of 317 CLICK HERE to Return to Agenda

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their respective officers, executives, directors, employees, contractors agents or representatives, when such acts or omissions are in combination with the acts, errors, or omissions of any Developer. This duty to defend, indemnify, protect and hold harmless shall not extend to any Claims arising from the gross negligence or willful misconduct of IID or any Agency, or their respective officers, directors, employees, contractors or agents.
b. As between IID and Agencies. No Agency nor any of their Board, Council, officers, executives, directors, employees, contractors, agents or representatives thereof shall be responsible for any damage or liability occurring by reason of any act or omission of IID under or in connection with the Work performed by IID under this Agreement. Pursuant to Government Code Section 895.4, IID shall fully indemnify and hold each Agency harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of IID under or in connection with the Work performed by IID pursuant to this Agreement. Likewise, neither IID nor its Board, or any officer, executive, director, executive, employee, contractor, agent or representatives thereof shall be responsible for any damage or liability occurring by reason of any act or omission of any Agency under or in connection with this Agreement, and pursuant to Government Code Section 895.4, each Agency, individually, shall fully indemnify and hold IID harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of each such Agency under or in connection with this Agreement.

16. Authority. Each signatory of this Agreement represents that s/he is authorized to execute this Agreement on behalf of the Party for which s/he signs. Each Party represents that it has legal authority to enter into this Agreement and to perform all obligations under this Agreement. If Developers is a business entity, it represents that it is duly organized and authorized to do business in the State of California and if a foreign-organized entity, authorized or otherwise qualified to do business in the State of California.

17. Waiver. The failure of a Party to this Agreement, on any occasion, to insist upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party. Any waiver at any time by either Party of its rights with respect to this Agreement shall not be deemed a continuing waiver or a waiver with respect to any other failure to comply with any other obligation, right, duty of this Agreement. Any waiver of this Agreement shall, if requested, be provided in writing.

18. Amendment. This Agreement may be amended or modified only by a written instrument executed by each Party to this Agreement.

19. Headings. The paragraph headings used in this Agreement are intended for convenience only and shall not be used in interpreting this Agreement or in determining any of the rights or obligations of the Parties to this Agreement.

20. Integration; Incorporation of Recitals and Exhibits. This Agreement is intended by the Parties to be the final expression of their agreement with respect to the subject matter of this Agreement and the complete and exclusive statement of the terms of this Agreement between the Parties, and supersedes any prior understandings between the Parties, whether oral or written. Each and every of the recitals set forth hereinabove and exhibits referenced hereinabove are hereby incorporated herein this Agreement as is though set 318 CLICK HERE to Return to Agenda

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forth herein and contain integral terms and conditions of this Agreement. a. Administrative Updating of Exhibits. The Parties hereto acknowledge that the exhibits referenced hereinabove and incorporated herein by the above reference may be updated or adjusted over time to reflect changes in names, addresses, and other matters addressed in this Agreement or its incorporated exhibits and agree that the Parties shall have the right to make such administrative updates notwithstanding that such update shall not be interpreted by the Parties to be an amendment of this Agreement unless such update is expressly intended to constitute an amendment or modification of this Agreement in compliance with Section 18 hereof.

21. Partial Invalidity. If, after the date of execution of this Agreement, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the Term of this Agreement, such provision shall be fully severable and the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law. However, in lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

22. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors of the respective Parties to this Agreement. This Agreement and obligations hereunder may not be assigned without the prior written consent of the other Party.

23. Compliance with Law. In performing their respective obligations under this Agreement, the Parties shall comply with and conform to all applicable laws, rules, regulations and ordinances.

24. Third-party Beneficiaries. This Agreement shall not create any right or interest in any nonParty or in any member of the public as a third-party beneficiary.

25. Notices. All notices, requests, demands or other communications required or permitted under this Agreement shall be in writing unless provided otherwise in this Agreement and shall be deemed to have been duly given and received on: (i) the date of service if served personally or served by electronic mail on the Party to whom notice is to be given at the address(es) provided below, (ii) on the first day after mailing, if mailed by Federal Express, U.S. Express Mail, or other similar overnight courier service, postage prepaid, and addressed as provided below, or (iii) on the third day after mailing if mailed to the Party to whom notice is to be given by first class mail, registered or certified, postage prepaid, addressed as follows:

To IID: Imperial Irrigation District
Attn: General Manager
P.O. Box 937
333 E. Barioni Blvd.

Imperial, CA 92251
With a Copy to: Imperial Irrigation District
Attn: General Counsel
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P.O. Box 937
333 E. Barioni Blvd.

Imperial, CA 92251
To City: City of La Quinta
Attn: City Manager
78-495 Calle Tampico
La Quinta, CA 92253
To the Financing Authority: La Quinta Financing Authority Attention: Executive Director
78-495 Calle Tampico
La Quinta, CA 92253
To County: County of Riverside
Attention: Chief Operating Officer
4080 Lemon Street
Riverside, CA 92501
To Developers: See Exhibit “A”

26. Default. Unless otherwise provided for in this Agreement, prior to the initiation of any legal action for a default of this Agreement, the Parties shall meet to discuss resolution of the alleged default before initiating litigation. Each Party shall bear its own attorneys’ fees and costs incurred in connection with meeting to resolve the alleged default, unless the Parties agree in writing otherwise.

27. Governing Law; Venue. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of California, as if executed and to be performed wholly within the State of California, and without regard to principles of conflicts of law.

Any action or proceeding arising out of or relating to this Agreement shall be brought in State court located in the County of San Diego, California or Federal court located in the County of San Diego California. Each Party irrevocably agree to submit to the exclusive jurisdiction of such courts in the State of California for the purpose of litigating any dispute arising out of or relating to this Agreement and waive any defense of forum non conveniens (or a similar doctrine pertaining to venue).

28. Multiple Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. The words “execution,” “execute,” “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Agreement shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law.

29. No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. No Party shall 320 CLICK HERE to Return to Agenda

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have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind another Party.

30. Satisfaction of Capacity Condition in Will Serve Letter. To the extent any Developer’s Development is conditioned by IID to establish new electric system capacity to facilitate retail electric service to all or any part of Developer’s Development, Developer’s execution and performance of its obligations hereunder this Agreement, including, without limitation, payment of Developer’s pro rata share of the Construction Costs, then IID will, where requested by such Developer, issue a Will Serve Letter or any amendment, addendum or extension of any prior-issued Will Serve Letter (each a “WSL”) indicating that such Developers obligation to establish new system capacity for its identified Development is or will be satisfied pursuant to the construction and commissioning of the New Facility pursuant to this Agreement. Such WSL, is and will be expressly conditioned upon all of the following: (i) such Developer remaining a Party to this Agreement and otherwise performing all obligations arising hereunder, including, without limitation, payment of the Milestone Payments, (ii) Developer’s compliance with IID’s Regulations and DEPG, and (iii) Developer’s establishment of any Customer Distribution Facilities or such other service requirements, including, without limitation, such distribution service line extensions or modifications as may be required to transmit any reserved capacity hereunder this Agreement to such Developer’s Development as identified in said WSL. Notwithstanding the foregoing, to the extent any Developer’s Development requires electrical service capacity in excess of the capacity to be reserved to such Developer for its Development pursuant to this Agreement, then IID may include within such requested WSL additional conditions for the establishment of new system capacity to serve the balance of any Developer’s Development which cannot be served by the capacity reserved to such Developer hereunder. IID reserves the right to modify or otherwise supersede such WSL, including, for example, in the event this Agreement is terminated as to such Developer in accordance with the terms and conditions of this Agreement.

31. IID’s Regulations and Developer Energy Planning Guide. This Agreement is subject to IID’s Regulations (“Regulations”) and Developer Energy Planning Guide (“DEPG”) and Substation Guidelines (“Substation Guidelines”) all as may be amended from time-to-time.

In the event of any conflict between the provisions of this Agreement and any of the foregoing documents, the foregoing documents shall govern and control.

Regulations: https://www.iid.com/power/rates-regulations/regulations DEPG: https://www.iid.com/home/showpublisheddocument/14229/638808431962130000 [Signature page follows.]
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IN WITNESS WHEREOF, the Parties hereto, have caused this Agreement to be duly executed and delivered as of the date first above written.

IID:

IMPERIAL IRRIGATION DISTRICT
By:___________________________________
Name and Title:

PARTICIPANTS:
“Financing Authority”

LA QUINTA FINANCING AUTHORITY
By: _______________________________
Jon McMillen, Executive Director
ATTEST:
__________________________________
Monika Radeva, Authority Secretary
APPROVED AS TO FORM:
__________________________________
Authority Counsel
“City”

CITY OF LA QUINTA
By: _______________________________
Jon McMillen, City Manager
ATTEST:
__________________________________
Monika Radeva, City Clerk
APPROVED AS TO FORM:
__________________________________
City Attorney
COUNTY:

COUNTY OF RIVERSIDE
By: _________________________
Name and Title: ________________________
DEVELOPERS:
[Developer signature page attached.]
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DEVELOPER SIGNATURE PAGE:

CM WAVE DEVELOPMENT, LLC,
a Delaware limited liability company
By:___________________________________
Its: ___________________________________

LA QUINTA MALAGA, LLC
a Delaware limited liability company
By:___________________________________
Its: ___________________________________

PROJECT LQ, LLC
a California limited liability company
By:___________________________________
Its: ___________________________________

SUNRISE LQ, LLC
a Delaware limited liability company
By:___________________________________
Its: ___________________________________

BARTON LAND LA QUINTA, LLC
a California limited liability company
By:___________________________________
Its: ___________________________________
DAKOTA DUNES, INC.
a California corporation
By:___________________________________
Its: ___________________________________

TRAVERTINE CORPORATION
a Minnesota corporation
By:___________________________________
Its: ___________________________________
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DEVELOPER SIGNATURE PAGE (Continued):

SANTA ROSA 60 INVESTORS, LLC
a California limited liability company
By:___________________________________
Its: ___________________________________
GRIFFIN RANCH INVESTORS, L.P.
a Delaware limited partnership
By:___________________________________
Its: ___________________________________
RMG GRIFFIN 90, LLC
a California limited liability company
By:___________________________________
Its: ___________________________________
[End of Developer Signature Page.]
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EXHIBIT A

SCHEDULE OF DEVELOPERS/PARTICIPANTS
Developer: CM Wave Development, LLC
Project: The Club at Coral Mountain
Description: 325 SFR Dwelling Units, Commercial/Retail
Location: S/W corner of Madison and Avenue 58 (Coral Mountain APN: __)TTM39058.) Estimated kVA: 6,008.0
Address for Notices:

CM Wave Development, LLC
Attn: Meriwether, Garret Simon
P.O. Box 4579
Boulder, CO 80306
Email: [email protected]
Developer: La Quinta Malaga, LLC
Project: Estate Collection at Coral Mountain
Description: 54 SFR Dwelling Units
Location: S/W corner Madison and Avenue 60 (Final Map No. 33597, Lots 1-53 and 57.APN:
__)
Estimated kVA: 1,080.0
Address for Notices:

Diversified Pacific
Attn: Nolan Leggio, Vice President Forward Planning
10621 Civic Center Drive
Rancho Cucamonga, CA 91730
Email: [email protected]
Developer: Project LQ, LLC
Project: Bellasera
Description: 320 SFR Dwelling Units
Location: S/E corner of Monroe and Avenue 60 (Lots 1 through 125, inclusive, and letter lots “A” through “O” inclusive, “Q” through “CC”, inclusive, of Amended Tract No. 31733 in the City of La Quinta, County of Riverside, State of California, per map recorded in Book 423, Pages 61 through 72, inclusive of maps, in the office of the County Recorder of said County; and Lots 1 through 12, inclusive, 14 through 196, inclusive and letter lots “A” through “Z” inclusive and “AA” through “QQ” inclusive of Amended No. 2 Tract No. 31732 in the City of La Quinta, County of Riverside, State of California, as per map recorded in Book 456, Pages 97 through 106, insclucsive of maps, in the office of the County Reocorder of said County.)APN: __) Estimated kVA: 5,887.0
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Address for Notices:

Paydar Properties, Inc.

P.O. Box 9025
La Jolla, CA 92038
Email: [email protected]
Developer: Sunrise LQ, LLC
Project: Andalusia Country Club
Description: 130 SFR Dwelling Units
Location: South of Avenue 58 b/t Monroe and Madison (the eastern portion of the City of La Quinta Specific Plan (20030067), as amended.APN: __)
Estimated kVA: 2,600.0
Address for Notices:

Sunrise LQ, LLC
Attn: Randall Bone, Julie Bloom and Nolan Sparks
300 Eagle Dance Circle
Palm Desert, CA 92211
Email: [email protected]; [email protected]; [email protected] Developer: Barton Land La Quinta, LLC
Project: Schumacher Property
Description: 392 SFR Dwelling Units
Location: N/E corner of Monroe and Avenue 60 (APN:764-240-021, 022, 026 & 027. __) Estimated kVA: 5,000.0
Address for Notices:

Barton Land, La Quinta, LLC
Attn: Phillip Barton
878 W. Main Street
Winters, CA 95694
Email: [email protected]
Developer: Dakota Dunes, Inc.

Project: Calle Conchita
Description: 20 SFR Dwelling Units
Location: Madison and Calle Conchita (APN:766-080-009, 766-090-003, 004, 010, 011, 013, 014, & 015. __)
Estimated kVA: 991.0
Address for Notices:
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Dakota Dunes, Inc.

Attn: David Turner
78-100 Main Street, Suite 206
La Quinta, CA 92253
Email: [email protected]
Developer: Travertine Corporation
Project: Travertine (Phase 1 only)
Description: 6300+/- SFR Dwelling Units and Commercial/Retail Location: Madison and Avenue 60 (APN:766-110-003, 004, 007 & 009, 766-120-001, 002, 003, 006, 015, 016, 018, 021, & 023, 753-040-014, 016 & 017, 753-050-007 & 029, 753-060-003, 764-280-057 & 059 and 764-028-061 __)
Estimated kVA: 10698.0 (Portion of Phase 1 only)
Address for Notices:

Hofmann Land Development Company, LLC
Attn: Mark Rogers
898 Production Place
Newport Beach, CA 92663
Email: [email protected] & [email protected]
Developer: Santa Rosa 60 Investors, LLC
Project: Santa Rosa 60 (Phases 1 and 2 only)
Description: 231 SFR Dwelling Units
Location: South of Avenue 60, ¼ mile east of Monroe (APN: 764-290-003. __) Estimated kVA: 3,620.0 (Phases 1 and 2 only)
Address for Notices:

Santa Rosa 60 Investors, LLC
Attn: Thomas J. Tokheim, Managing Member
38 Clancy Ln S, Rancho Mirage, CA 92270
Email: [email protected]
DeveloperParticipant: City of La Quinta GRIFFIN RANCH INVESTORS, L.P.

Project: The Estates at Griffin LakeUndefined; multiple separate developments within the City of La Quinta within IID’s electric service boundary
Description: 78 SFR Dwelling Units and ClubhouseCapacity allocation to serve project(s) within City of La Quinta
Location: Avenue 54, west of Monroe Street (APN: __)TBD; City of La Quinta within IID’s electric service boundary
Estimated kVA: 42,116370.0
Address for Notices:
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See Section 25 of this Agreement.

Developer: RMG GRIFFIN 90, LLC
Project: Enclave at Griffin Ranch
Description: 90 SFR Dwelling Units
Location: Avenue 54, west of Monroe Street (APN: __)
Estimated kVA: 1,746.0
[End of Schedule of Developers/Participants]
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EXHIBIT B

SCHEMATIC REPRESENTATION OF NEW FACILITY
[Attached.]
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EXHIBIT C

ESTIMATE OF CONSTRUCTION COSTS
[Attached.]
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EXHIBIT D
CONSTRUCTION MILESTONE SCHEDULE1
Q2, 2026 – IID initiates engineering and long lead-time equipment procurement activities.

Includes initial engineering of long lead-time equipment specification and initial New Facility designs and schematics.

Q3, 2026 – IID completes balance of preliminary engineering for Engineering Procurement and Construction agreement(s).

Q4, 2026 – IID solicits, evaluates and awards Engineering Procurement and Construction agreement(s). Includes balance of engineering of equipment specification and New Facility designs and schematics and coordination with EPC contractor for EPC design and construction.

Q3, 2027 – Initial construction commences and balance of equipment ordered.

Q3, 2028 – IID completes construction, testing and commissioning of the New Facility.

Q4, 2028 – Commence service connections from the New Facility. 1 Construction Milestone dates subject to change based upon availability of materials and labor and other supply chain-related impacts and delays to performance and completion of construction activities relating thereto.
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EXHIBIT E

MAP OF CUSTOMER DISTRIBUTION FACILITIES
[Attached.]
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EXHIBIT F
MILESTONE PAYMENT AND REIMBURSEMENT SCHEDULE2
*Total good faith, high level cost estimate: $23,249,000.00

1. Amount Due 30 days after Execution: $6,775,340.003

2. Amount Due September 30, 2026: $1,100,000.00

3. Amount Due December 31, 2026: $2,678,965.00

4. Amount Due March 31, 2027: $2,975,000.00

5. Amount Due June 30, 2027: $1,750,000.00

6. Amount Due September 30, 2027: $2,756,596.00

7. Amount Due December 31, 2027: $150,000.00

8. Amount Due March 31, 2028: $2,600,000.00

9. Amount Due June 30, 2028: $2,463,099.00
* Each Party’s pro-rata share of each of the above Milestone Payments is shown on Exhibit F-1, attached hereto and incorporated herein by this reference. 2 IID shall be under no obligation to perform any activity under this Agreement unless City, County and/or each Developer, as the case may be, shall have deposited adequate funds to pay for such work. Further, since IID has no control over the cost of labor or material, the estimated costs set forth in this Milestone Payment and Reimbursement Schedule above are furnished only for the convenience of the City, County and each Developer. They are intended to reflect the costs of similar materials and similar work performed under favorable conditions. Because of the unforeseen contingencies and other factors, the actual costs may be considerably higher or lower. Therefore, the estimate costs are not a warranty by IID of the actual costs to complete all of the milestone activities listed above for the estimated cost also shown above. The estimated deposits above are not a warranty by IID of the actual cost to complete the work required by IID; City, County and each Developer will be required to pay the actual cost on the terms set forth in this Agreement.
3 Total high level estimated project costs are $23,249,000.00 however, the initial deposit amount of $5,086,870.00 was advanced by City and shall be subject to partial reimbursementpayment pursuant to City’s election to participate in this Agreement as a Participant as to 4,116KVA of reserved electrical capacity. Of the initial sum of $5,086,870, City shall be reimbursed as set forth in Section 6(a) from the proceeds paid to IID under the Milestone Payment #1 in the amount of $4,508,208.60, with the unreimbursed portion of said initial deposit amount ($578,661.46) being applied toward the City’s Milestone Payment #1 in accordance with the Milestone Payment and Reimbursement Schedule. Following repayment of the sum advanced by the City hereundeThereafter, each Developer, or City, or County at City’s or County’s election as set forth in this Agreement, as the case may be, will make the milestone payments for the remaining estimated project costs as reflected in the Milestone Payment and Reimbursement Schedule.
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EXHIBIT F-1

MILESTONE PAYMENT ALLOCATION BY PARTY
Milestone Payment #1 $6,775,340.00
CM Wave Development, LLC $844,654.54
La Quinta Malaga, LLC $151,835.37
Project LQ, LLC $827,643.35
Sunrise LQ, LLC $365,529.59
Barton Land La Quinta, LLC $702,941.53
Dakota Dunes, Inc. $139,323.01
Travertine $1,504,013.69
Santa Rosa 60 Investors, LLC $508,929.66
Griffin Ranch Investors, LP $333,194.28
RMG Griffin 90, LLC $245,467.18
City of La Quinta
$5780,661.46.00
County of Riverside $0.00
Imperial Irrigation District $1,151,807.80
Milestone Payment #2 $1,100,000.00
CM Wave Development, LLC $137,132.60
La Quinta Malaga, LLC $24,651.00
Project LQ, LLC $134,370.78
Sunrise LQ, LLC $59,345.00
Barton Land La Quinta, LLC $114,125.00
Dakota Dunes, Inc. $22,619.58
Travertine Corporation $244,181.85
Santa Rosa 60 Investors, LLC $82,626.50
Griffin Ranch Investors, LP $54,095.25
RMG Griffin 90, LLC $39,852.45
City of La Quinta
$93,947.000.00
County of Riverside $0.00
Imperial Irrigation District $187,000.00
Milestone Payment #3 $2,678,965.00
CM Wave Development, LLC $333,975.85
La Quinta Malaga, LLC $60,035.61
Project LQ, LLC $327,249.64
Sunrise LQ, LLC $144,530.16
Barton Land La Quinta, LLC $277,942.62
Dakota Dunes, Inc. $55,088.23
Travertine Corporation $594,686.03
Santa Rosa 60 Investors, LLC $201,230.46
Griffin Ranch Investors, LP $131,744.80
RMG Griffin 90, LLC $97,057.56
City of La Quinta
$228,802.360.00
County of Riverside $0.00
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Imperial Irrigation District $455,424.05
[Continued on next page.]
Milestone Payment #4 $2,975,000.00
CM Wave Development, LLC $370,881.35
La Quinta Malaga, LLC $66,669.75
Project LQ, LLC $363,411.87
Sunrise LQ, LLC $160,501.25
Barton Land La Quinta, LLC $308,656.25
Dakota Dunes, Inc. $61,175.67
Travertine Corporation $660,400.91
Santa Rosa 60 Investors, LLC $223,467.13
Griffin Ranch Investors, LP $146,303.06
RMG Griffin 90, LLC $107,782.76
City of La Quinta
$$254,085.830.00
County of Riverside $0.00
Imperial Irrigation District $505,750.00
Milestone Payment #5 $1,750,000.00
CM Wave Development, LLC $218,165.50
La Quinta Malaga, LLC $39,217.50
Project LQ, LLC $213,771.69
Sunrise LQ, LLC $94,412.50
Barton Land La Quinta, LLC $181,562.50
Dakota Dunes, Inc. $35,985.69
Travertine Corporation $388,471.13
Santa Rosa 60 Investors, LLC $131,451.25
Griffin Ranch Investors, LP $86,060.63
RMG Griffin 90, LLC $63,401.63
City of La Quinta
$0.00149,462.25
County of Riverside $0.00
Imperial Irrigation District $297,500.00
Milestone Payment #6 $2,756,596.00
CM Wave Development, LLC $343,653.80
La Quinta Malaga, LLC $61,775.32
Project LQ, LLC $336,732.67
Sunrise LQ, LLC $148,718.35
Barton Land La Quinta, LLC $285,996.84
Dakota Dunes, Inc. $56,684.57
Travertine Corporation $611,918.83
Santa Rosa 60 Investors, LLC $207,061.71
Griffin Ranch Investors, LP $135,562.50
RMG Griffin 90, LLC $99,870.09
City of La Quinta
$235,432.590.00
County of Riverside $0.00
Imperial Irrigation District $468,621.32
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[Continued on next page.]
Milestone Payment #7 $150,000.00
CM Wave Development, LLC $18,699.90
La Quinta Malaga, LLC $3,361.50
Project LQ, LLC $18,323.29
Sunrise LQ, LLC $8,092.50
Barton Land La Quinta, LLC $15,562.50
Dakota Dunes, Inc. $3,084.49
Travertine Corporation $33,297.53
Santa Rosa 60 Investors, LLC $11,267.25
Griffin Ranch Investors, LP $7,376.63
RMG Griffin 90, LLC $5,434.43
City of La Quinta $12,811.050.00
County of Riverside $0.00
Imperial Irrigation District $25,500.00
Milestone Payment #8 $2,600,000.00
CM Wave Development, LLC $324,131.60
La Quinta Malaga, LLC $58,266.00
Project LQ, LLC $317,603.65
Sunrise LQ, LLC $140,270.00
Barton Land La Quinta, LLC $269,750.00
Dakota Dunes, Inc. $53,464.45
Travertine Corporation $577,157.10
Santa Rosa 60 Investors, LLC $195,299.00
Griffin Ranch Investors, LP $127,861.50
RMG Griffin 90, LLC $94,196.70
City of La Quinta $222,058.200.00
County of Riverside $0.00
Imperial Irrigation District $442,000.00
Milestone Payment #9 $2,463,099.00
CM Wave Development, LLC $307,064.70
La Quinta Malaga, LLC $55,198.05
Project LQ, LLC $300,880.47
Sunrise LQ, LLC $132,884.19
Barton Land La Quinta, LLC $255,546.52
Dakota Dunes, Inc. $50,649.32
Travertine Corporation $546,767.34
Santa Rosa 60 Investors, LLC $185,015.68
Griffin Ranch Investors, LP $121,129.05
RMG Griffin 90, LLC $89,236.85
City of La Quinta $2100.00,365.90
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County of Riverside $0.00
Imperial Irrigation District $418,726.83
[End of schedule.]
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EXHIBIT G

FORM OF ASSIGNMENT
[Attached.]
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ASSIGNMENT AND TRANSFER OF ELECTRICAL CAPACITY
This Assignment and Transfer of Electrical Capacity ("Agreement") is made and entered into as of this ___ day of __________, 20__, by and between Assignor and Assignee, on the terms and conditions set forth herein below. Notwithstanding any provision herein, no assignment or transfer of electrical capacity as contemplated herein shall be effective until the consent of the Imperial Irrigation District (“IID”) therefor is obtained.

Assignor:

Name: ___________________________________________
Address: _________________________________________
City/State/Zip: ___________________________________
Contact Number: _________________________________
Project Name: ____________________________________
Location of Use: __________________________________
Assignee:

Name: ___________________________________________
Address: _________________________________________
City/State/Zip: ___________________________________
Contact Number: _________________________________
Re: Assignment and transfer of electrical capacity (___MVA) associated with:

Project Name: ____________________________
Account or Project ID: ___________________________
Location of Use: __________________________________
Assigned Capacity: ___________ MVA
Agreement

1. Assignment. The Assignor hereby assigns, transfers, and sets over to the Assignee all rights, title, and interest in and to the above-referenced electrical capacity, the same being ___ MVA, which capacity is made available to Assignee solely from the Imperial Irrigation District’s Avenue 58 Substation, located north of Avenue 58, west of Monroe Street, La Quinta, California, and which electrical capacity shall be available for use solely for the Project at the Location of Use identified above

2. Effective Date. This assignment shall take effect on the ___ day of __________, 20__, subject to written consent of IID, as provided below.

3. Representations and Warranties. The Assignor represents and warrants that it has full authority to assign the electrical capacity subject to the consent of IID, as provided below, that such capacity is free from liens, claims, or encumbrances, and that no prior conflicting assignments exist with respect to the electrical capacity assigned hereunder

4. Assumption by Assignee. The Assignee accepts the assignment subject to the limitations set forth herein and as may be imposed by IID in connection with the use of such reserved capacity, including pursuant to IID’s Regulations and Developer Energy Planning Guide, as each may be amended from time to time, and Assignee further agrees to assume all rights, duties, and 339 CLICK HERE to Return to Agenda

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obligations associated with the assigned capacity as of the Effective Date subject to such limitations.

5. Bound by Terms and Use Limitation. The Assignee acknowledges and agrees to be bound by all applicable utility rules, agreements, and conditions relating to the electrical capacity. The assigned electrical capacity may only be used at the location specified above and only in the amount stated herein. Any unauthorized use or reassignment is strictly prohibited unless approved in writing by IID.

6. Governing Law; Venue. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of California, as if executed and to be performed wholly within the State of California, and without regard to principles of conflicts of law. Any action or proceeding arising out of or relating to this Agreement shall be brought in State court located in the County of San Diego, California and/or Federal court located in the County of San Diego, California. Each Party irrevocably agree to submit to the exclusive jurisdiction of such courts in the State of California for the purpose of litigating any dispute arising out of or relating to this Agreement and waive any defense of forum non conveniens (or a similar doctrine pertaining to venue).

7. Signatures. The undersigned have all requisite authority to execute this Agreement and undertake all obligations arising therefrom or in connection therewith.

Assignor:

Signature: _____________________________
Name: ________________________________
Title (if applicable): ______________________
Date: _________________________________
Assignee:

Signature: _____________________________
Name: ________________________________
Title (if applicable): ______________________
Date: _________________________________
Consent of Imperial Irrigation District
The undersigned, as an authorized representative of the Imperial Irrigation District, hereby consents to the assignment and transfer of the electrical capacity described herein.

Signature: ________________________________________
Name: ___________________________________________
Title: ____________________________________________
Date: ____________________________________________
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City of La Quinta
CITY COUNCIL MEETING: August 4, 2026

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT

WITH THE COUNTY OF RIVERSIDE, FOR FIRE PROTECTION, FIRE PREVENTION,

RESCUE, FIRE MARSHAL, AND MEDICAL EMERGENCY SERVICES, TO ADOPT THE

MUNICIPAL STAFFING MODEL AND MODIFY STAFFING LEVELS AT FIRE STATIONS 32 AND 70

RECOMMENDATION
Approve Amendment No. 1 to Cooperative Agreement with the County of Riverside, for fire protection, fire prevention, rescue, fire marshal, and emergency medical services, to adopt the Municipal Staffing Model and modify staffing levels at Fire Stations 32 and 70.

EXECUTIVE SUMMARY
 The City contracts with the Riverside County Fire Department (County Fire) for fire protection and emergency medical services. The contract includes fire staffing for all 3 City fire stations.
 The California Department of Forestry and Fire Protection (CalFire) and County Fire recommend adopting the municipal staffing model, which is the industry standard for fire service staffing. This model staffs a Fire Captain position to a fire station 24 hours a day, which is intended to enhance firefighter safety, improve operational efficiency, and align staffing levels with cities throughout California.  In October 2023, Council approved changes to staffing levels at Fire Station 93 to gradually initiate the transition to the municipal staffing model among the 3 fire stations located in the City.
 As CalFire and County Fire continue to promote adoption of the municipal staffing model throughout the state. County Fire has requested that the City transition the 2 remaining Fire Stations 32 and 70 from the current traditional staffing model to the municipal staffing model.

FISCAL IMPACT
Per County Fire, the net annual increase for the current contract in fiscal year (FY) 2026/27 is estimated at $293,700 (Attachment 1). However, because the estimated fire service costs are calculated using the top step of the salary range and staffing changes will occur gradually as positions are filled and personnel complete training, staff does not anticipate expenditures to exceed the current budget amount of $11,330,000 in FY 2026/27. The total BUSINESS SESSION ITEM NO. 1
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cost includes fire station staffing, fire marshal office, and support services, including the fire engines located at each fire station and the ladder truck.

Funds are allocated in the General Fund – Fire Budget (Account No. 101-2002-60139 and 60140) for FY 2026/27.

BACKGROUND/ANALYSIS
The City contracts County Fire, which in turns contracts with CalFire to provide fire suppression, prevention, protection and emergency medical services. The City is serviced by 3 fire stations – 32, 70, and 93. In October 2023, fire station 93 was approved by Council to transition from traditional staffing model to municipal staffing model. Fire stations 32 and 70 currently continue to operate under traditional staffing; however, County Fire has requested that the City transition these 2 stations to municipal staffing to align with similar cities.

Under the traditional staffing model, each engine is staffed with 3 personnel, consisting of 1 Company Officer – either a Captain or an Engineer, 1 Firefighter, and 1 Firefighter Paramedic.

Under the municipal staffing model, each engine is staffed with 3 personnel, consisting of 1 Captain, 1 Engineer, and 1 Firefighter Paramedic.

The traditional staffing model provides a Captain for one 72-hour shift a week, leaving less experienced staff without the support of a Captain for approximately 96 hours during a 7- day period. For this reason, CalFire and County Fire have adopted municipal staffing throughout the State of California. This model provides a Fire Captain 24 hours a day, 7- days a week, per station/engine, thus providing leadership, guidance, and oversight on a continuous basis.

Per CalFire and County Fire the municipal staffing model provides better management at each fire station and engine. A Fire Captain is available during all shifts to coordinate work, perform managerial and administrative functions, and mentor fire station staff. In addition, in critical incidents, a Captain’s experience can help minimize risks and increase fire staff effectiveness.

On May 7, 2024, Council approved the City’s current Cooperative Agreement for fire services with County Fire for FYs 2024/29. If approved, the proposed amendment will adopt municipal staffing at all 3 City fire stations modifying staffing, as detailed in Attachment 1.

ALTERNATIVE
Council may elect to modify, delay, or deny this request.

Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director Attachments: 1. Staffing changes recommended by County Fire 342 CLICK HERE to Return to Agenda
ATTACHMENT 1
Staffing changes recommended by Riverside County Fire Department Current/Traditional Staffing
Station 93 Station 70 Station 32 Relief Total
Captains 2 1 1 2 6
Engineers 1 1 1 3 6
Engineer Medics 1 0 0 1 2
Fire Fighter II 2 2 2 0 6
Fire Fighter II/Medics 0 2 2 3 7
Total 6 6 6 9 27
Municipal Staffing
Station 93 Station 70 Station 32 Relief Total
Captains 3 3 3 0 9
Engineers 3 3 3 0 9
Engineer Medics 0 0 0 0 0
Fire Fighter II 0 0 0 0 0
Fire Fighter II/Medics 3 3 3 0 9
Total 9 9 9 0 27
Staffing Changes Cost Per
Position
Addition or Reduction Cost
Captain $308,877 3 $926,631
Engineer $271,546 3 $814,638
Engineer Medic $304,729 -2 -$609,458
FFII $234,791 -6 -$1,408,746
FFII/Medics $264,371 2 $528,742
Subtotal $251,807
Estimated support staff
increase $44,864
Truck Agreement Change -$2,972
Estimated Total for
Municipal Staffing $293,700*
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*Because estimated fire service costs are calculated using the top step of the salary range, and staffing changes will occur gradually as positions are filled and personnel complete training, staff does not expect expenditures to exceed the current budget amount of $11,330,000. in FY 2026/27. However, due to this staffing change, the fire budget is projected to be approximately 2.7% higher in subsequent years than if the City continued to staff stations using the traditional staffing model.

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City of La Quinta
CITY COUNCIL MEETING: August 4, 2026

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AGREEMENT FOR

PURCHASE AND SALE AND ESCROW INSTRUCTIONS WITH GATHER CAPITAL INC FOR THE SALE OF APPROXIMATELY 3.55 ACRES OF SURPLUS LAND LOCATED

ON THE SOUTH SIDE OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA, AND EAST OF DESERT CLUB DRIVE; AND NORTH AND SOUTH SIDES OF MAIN STREET (APNS: 770-123-011, 770-124-010, AND 770-124-012) FOR DEVELOPMENT OF A HOTEL PROJECT; CEQA: THE PROJECT IS CONSISTENT WITH THE CITY’S GENERAL PLAN ENVIRONMENTAL IMPACT REPORT CERTIFIED FEBRUARY 19, 2013, AND CATEGORICALLY EXEMPT AS SALE OF SURPLUS LAND PURSUANT TO SECTION 15312 OF CEQA GUIDELINES

RECOMMENDATION
Adopt a Resolution to approve an Agreement for Purchase and Sale and Escrow Instructions with Gather Capital Inc. for the sale of approximately 3.55 acres of surplus land, located on the south side of Calle Tampico, north of Avenida La Fonda, and east of Desert Club Drive; and north and south sides of Main Street (APNs: 770-123-011, 770- 124-010, and 770-124-012) for development of a hotel project; authorize the City Manager to execute the agreement, and all necessary implementing documents, substantially in the form attached, allowing for minor and non-substantive modifications; and find that the proposed agreement is consistent with the City’s General Plan Environmental Impact Report certified February 19, 2013 under the California Environmental Quality Act.

EXECUTIVE SUMMARY
 The City proposes selling 3.55 acres of surplus land (Property) to Gather Capital Inc. (Buyer) for an upscale hotel located near Old Town La Quinta.  Closing of escrow is contingent upon a companion Development Agreement; confirmation of adequate parking and available electrical capacity; and Buyer obtaining entitlements, building permits, and City-approved financing within 18 months.
 The California Department of Housing and Community Development (HCD) issued a letter dated November 27, 2024, confirming the City's compliance with the Surplus Land Act (Gov. Code § 52200 et seq.) (SLA), allowing disposition of the Property.

BUSINESS SESSION ITEM NO. 2
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FISCAL IMPACT
Approximately $2,551,527 of sale proceeds will be deposited in Account No. 101-0000- 45000 (Sale of Other Assets).

BACKGROUND/ANALYSIS
The Property consists of 3 parcels, APN 770-123-011 (1.47 acres), APN 770-124-010 (1.92 acres), and APN 770-124-012 (0.16 acres), totaling approximately 3.55 acres, located south of Calle Tampico, north of Avenida La Fonda, east of Desert Club Drive, and on the north and south sides of Main Street, within the Village Commercial (VC) zoning district. Any development on the Property must comply with La Quinta Municipal Code (LQMC) Section 9.70.100, which governs VC-zoned development intended to serve residents and guests while maintaining connections to La Quinta's artistic and architectural heritage and desert environment.

Following HCD's November 27, 2024, determination that the City satisfied Surplus Land Act (Gov. Code § 52200 et seq.), the City and Buyer began negotiations of the Agreement for Purchase and Sale and Escrow Instructions (PSA) to determine project feasibility. The project, to be designed by Hannouche Architects, envisions a modern interpretation of the La Quinta Village’s architectural heritage, comprising an upscale, full-service hotel of approximately 150-180 guest rooms, including 20 cabanas, with customary hospitality amenities such as food and beverage facilities, a gym, meeting and event space, a ballroom, a pool, and ancillary retail space. Once operations stabilize, $1.46 million in annual Transient Occupancy Tax (TOT) revenue are estimated after hotel operations stabilize (targeted fiscal year 2029/30 opening).

Closing of escrow is contingent upon a companion Development Agreement; confirmation of adequate parking and available electrical capacity; and Buyer obtaining entitlements, building permits, and City-approved financing within 18 months.

The 18-month outside closing date under the PSA establishes 2 key milestones tied to release of the earnest money deposit. Within 6 months of opening of escrow, the Buyer must submit a complete design review package and all required project entitlement applications. During the same period, the parties must execute and notarize the companion Development Agreement (approved under Government Code § 65864 et seq. and applicable LQMC provisions), and Imperial Irrigation District must confirm adequate electrical capacity for the project.

Within 6 months following project entitlement, Buyer shall submit complete construction drawings and all required building and ministerial permit applications for City review and approval. By mutual agreement with the City, Buyer may extend the closing date for up to 60 days beyond the 18-month milestone solely to obtain any outstanding approvals or address unresolved issues, if any.

At closing, in addition to the grant deed and development agreement being recorded, the City will record an Affordable Housing Contingency Covenant, using HCD-approved form 346
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language, to satisfy the Surplus Land Act's affordable housing contingency requirement under Government Code § 54233.

The Property shall be conveyed "as is, where is, with all faults." In the event of a City default, Buyer's sole remedy shall be specific performance. In the event of a Buyer default, the earnest money deposit shall serves as liquidated damages. The City retains the right, through the close of escrow and without Buyer’s consent, to continue issuing temporary use permits for surface parking of recurring City-sponsored public events on the Property, including the La Quinta Art Celebration.

ENVIRONMENTAL REVIEW
The proposed PSA, should all conditions be met by the close of escrow, would allow for the development of a luxury hotel project with amenities but does not obligate the City to approve a project or authorize any construction or physical alteration of the environment.

Hotels are a permitted use in the Village Commercial zone and that use is consistent with the Village Commercial General Plan designation established in the City’s 2035 General Plan adopted February 19, 2013. It can be determined that the proposed PSA is consistent with the 2035 General Plan Environmental Impact Report which can be found on the City’s website at the following link 2035 La Quinta General Plan - EIR.

Even if the proposed PSA were not consistent with the 2035 General Plan EIR, the approval of the PSA would be categorically exempt pursuant to Section 15312 of the CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). Class 12 of projects exempt from further review under the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.) (CEQA) consist of sales of surplus government property, except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4) of the CEQA Guidelines. As noted above, the Property has been approved by HCD a “surplus land” under the SLA, and the proposed PSA is the arrangement to consummate that sale. Furthermore, the Property is not located in an area identified in Section 15206(b)(4). Therefore, the proposed PSA is also categorically exempt from further CEQA review pursuant to Section 15312.

As the specifics of the project design are completed and applications for entitlements are presented to the City for review, City staff will assess and determine whether any supplemental environmental review is necessary. At this time, however, no new environmental documentation is required.

ALTERNATIVES
Council may elect not to approve the Agreement.

Prepared by: Doug Kinley, Senior Management Analyst
Approved by: Gilbert Villalpando, Director of Business Unit & Housing Development Attachment: 1. Resolution No. 2026-XXX inclusive of the Agreement for Purchase and Sale and Escrow Instructions with Gather Capital Inc. as Exhibit A 347
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RESOLUTION NO. 2026 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, APPROVING AN AGREEMENT

FOR PURCHASE AND SALE AND ESCROW

INSTRUCTIONS BY AND BETWEEN THE CITY OF LA
QUINTA AND GATHER CAPITAL INC. FOR THE SALE OF
APPROXIMATELY 3.55 ACRES OF SURPLUS LAND

LOCATED ON THE SOUTH SIDE OF CALLE TAMPICO,

NORTH OF AVENIDA LA FONDA, AND EAST OF DESERT

CLUB DRIVE, AND ON THE NORTH AND SOUTH SIDES

OF MAIN STREET, IDENTIFIED AS ASSESSOR'S PARCEL
NUMBERS 770-123-011, 770-124-010, AND 770-124-012;

AND FINDING THE AGREEMENT IS CONSISTENT WITH
THE CITY’S 2035 GENERAL PLAN ENVIRONMENTAL
IMPACT REPORT CERTIFIED FEBRUARY 19, 2013

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT, AND CATEGORICALLY EXEMPT AS A SALE OF
SURPLUS LAND PURSUANT TO SECTION 15312 OF

CEQA GUIDELINES
WHEREAS, the City of La Quinta is a municipal corporation and charter city under the Constitution and laws of the State of California (“City”); and WHEREAS, the City is the owner of that certain real property comprised of approximately 3.55 acres, located on the south side of Calle Tampico, north of Avenida La Fonda, and east of Desert Club Drive, and on the north and south sides of Main Street, identified as Assessor’s Parcel Numbers 770-123-011 (1.47 acres), 770-124-010 (1.92 acres), and 770-124-012 (0.16 acres) (“Property”), within the Village Commercial (VC) zoning district; and
WHEREAS, the California Department of Housing and Community Development (“HCD”) issued a letter dated November 27, 2024, confirming that the City had fully complied with the requirements of the Surplus Land Act (Gov. Code, § 52200 et seq.) (“SLA”) for purposes of disposing of the Property as surplus land; and WHEREAS, Buyer proposes to develop the Property with an upscale, full-service hotel of approximately 150-180 guest rooms, including 20 cabanas, together with customary hospitality amenities, designed by Hannouche Architects to reflect a modern interpretation of the La Quinta Village’s architectural heritage (“Project”); and WHEREAS, the City and Buyer have negotiated an Agreement for Purchase and Sale and Escrow Instructions (“Agreement” or “PSA”), attached hereto as Exhibit “A” and incorporated herein by this reference; and
WHEREAS, the Agreement provides that Buyer’s obligation to close escrow is contingent upon, among other things, the City and Buyer executing a companion Development Agreement pursuant to Government Code Section 65864 et seq., confirmation of adequate electrical capacity from Imperial Irrigation District, Buyer ATTACHMENT 1
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obtaining all necessary project entitlements and permits within the timeframes set forth in the Agreement, and recordation of an Affordable Housing Contingency Covenant in HCDapproved form, in satisfaction of the SLA’s affordable housing contingency requirement under Government Code Section 54233; and
WHEREAS, pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”) and implementing guidelines in Title 14, Section 15000 et seq., of the California Code of Regulations (“CEQA Guidelines”) the proposed Agreement, should all conditions be met by the close of escrow, would allow for the development of a luxury hotel project with amenities but does not obligate the City to approve a project or authorize any construction or physical alteration of the environment. Hotels are a permitted use in the Village Commercial zone and that use is consistent with the Village Commercial General Plan designation established in the City’s 2035 General Plan adopted February 19, 2013. It can be determined that the proposed Agreement is consistent with the 2035 General Plan Environmental Impact Report. Even if the proposed Agreement were not consistent with the 2035 General Plan EIR, the approval of the Agreement would be categorically exempt pursuant to Section 15312 of the CEQA Guidelines. Class 12 of projects exempt from further review under CEQA consist of “sales of surplus government property, except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4)” of the CEQA Guidelines. The Property has been approved by HCD a “surplus land” under the SLA, and the proposed Agreement is the arrangement to consummate the sale of the Property. Furthermore, the Property is not located in an area identified in Section 15206(b)(4). Therefore, the proposed Agreement is also categorically exempt from further CEQA review pursuant to Section 15312. As the specifics of the project design are completed and applications for entitlements are presented to the City for review, City staff will assess and determine whether any supplemental environmental review is necessary.

At this time, however, no new environmental documentation is required; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

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

SECTION 1. The foregoing recitals are true and correct and constitute the findings of the City Council in this matter and are incorporated herein by this reference.

SECTION 2. The City Council hereby approves the Agreement for Purchase and Sale and Escrow Instructions by and between the City of La Quinta and Gather Capital Inc., attached hereto as Exhibit “A” and incorporated herein by this reference (“Agreement”), for the sale of the Property identified as Assessor’s Parcel Numbers 770- 123-011, 770-124-010, and 770-124-012.

SECTION 3. The City Council hereby authorizes the City Manager to execute the Agreement, and all necessary implementing documents, substantially in the form attached hereto, allowing for minor and non-substantive changes, and to take such other 349
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Gather Capital Inc Purchase and Sale and Escrow Instructions Agreement – 3.55 acres of Surplus Land Adopted: August 4, 2026

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and further actions, and execute such other and further documents, as are necessary and proper in order to implement this Resolution and consummate the transactions contemplated by the Agreement on behalf of the City.

SECTION 4. The City Council hereby finds that the approval of the Agreement is consistent with the City’s 2035 General Plan Environmental Impact Report prepared and adopted pursuant to CEQA and the CEQA Guidelines. The proposed Agreement, should all conditions be met by the close of escrow, would allow for the development of a luxury hotel project with amenities that is consistent with the 2035 General Plan and Environmental Impact Report. The City Council hereby further finds that, even if the proposed Agreement was not consistent with the 2035 General Plan EIR, the approval of the Agreement would be categorically exempt pursuant to Section 15312 of the CEQA Guidelines.

SECTION 5. This Resolution shall take effect upon its adoption, and the City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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AGREEMENT FOR PURCHASE AND SALE

AND ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of ______________, 2026 (“Effective Date”) by and between the CITY OF LA QUINTA, a California municipal corporation and charter city (“Seller” or “City”), and GATHER CAPITAL INC., a California corporation (“Buyer” or “Developer”).

Seller and Buyer are periodically referred to in this Agreement individually as a “party” and collectively as the “parties.”
R E C I T A L S:

A. Seller is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, comprising approximately 3.55 acres (or 154,638sq. ft.) with Assessor’s Parcel Number (“APN”) 770-123-011 (1.47 acres), 770-124-010 (1.92 acres), and 770-124-012 (0.16 acres), more particularly described in the legal description attached hereto as Exhibit “A” and incorporated herein by this reference (the “Property”).

B. The California Department of Housing and Community Development (“HCD”) determined that the City has fully complied with the requirements of the Surplus Land Act (Gov.

Code, § 52200 et seq.) (“SLA”) for the purposes of disposing of the surplus land that constitutes the Property, as noted in its letter dated November 27, 2024.

C. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein.

D. Buyer intends to develop the Property in a single phase of construction, with no phasing of development, with an upper-upscale, full-service hotel and related resort, hospitality, and ancillary uses, consisting of approximately 150-180+/- guest rooms and customary hotel amenities which may include food and beverage facilities, recreational amenities, meeting and event space, ancillary retail space, and other related improvements, all as may be approved through the applicable entitlement and permitting process (the “Project”).

E. The Property is located within the Village Commercial (VC) zoning district, and any development must comply with the purpose, standards and requirements set forth in La Quinta Municipal Code Chapter 9.70, Section 9.70.100, which promotes development that serves residents and guests, maintains connections to La Quinta’s artistic and architectural heritage, and embraces the desert environment.

F. Buyer and Seller previously entered into that certain Exclusive Negotiating Agreement effective November 1, 2024 (the “ENA”). This Agreement supersedes the ENA, and any terms and conditions from the ENA that are to remain operative are expressly set forth in this Agreement.

G. Seller acknowledges and agrees that Buyer’s obligation to close escrow is expressly contingent on obtaining all necessary City permits and entitlements for Buyer to construct and operate the Project on the Property; provided, however, that nothing herein shall be construed by RESOLUTION NO. 2026-XXX

EXHIBIT A
ADOPTED: AUGUST 4, 2026
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Buyer, or any other party, to constitute Seller’s intent or commitment to (a) approve any future development or use on the Property, or (b) approve any permit or entitlement that may be required under State law or the City’s Municipal Code for the development and use of the Property.

H. Among other Buyer’s Conditions to Closing, Buyer’s obligation to purchase the Property and develop the Project is contingent upon the availability of sufficient parking, which the Parties acknowledge and agree will require the construction of a parking structure that would be a separate and independent project funded and led by the City (the “Parking Structure Project”).

I. Among other Buyer’s Conditions to Closing, Buyer’s obligation to purchase the Property and develop the Project is contingent upon the City executing and entering into a separate agreement with a third party for the construction of the Parking Structure Project (the “City Parking Structure Construction Agreement”).

J. The parties acknowledge that the Parking Structure Project may not be completed prior to the completion and commencement of operations of the Project. Accordingly, the parties anticipate that, if necessary, the City will provide or cause to be provided alternative parking facilities sufficient to satisfy the operational parking requirements of the Project until the Parking Structure Project is completed and available for use.

K. Among other Buyer’s Conditions to Closing and Seller’s Conditions to Closing, Buyer’s obligation to purchase the Property and develop the Project, and Seller’s obligation to sell the Property, are contingent upon the City and Developer executing and entering into a separate, companion statutory development agreement (the “Development Agreement”) to be reviewed and approved in accordance with Government Code section 65864 et seq. (“State DA Act”) and applicable provisions of the La Quinta Municipal Code. Among other mutually agreed upon terms and conditions, the Development Agreement will vest with Buyer (or Buyer’s permitted successors and assigns) the right to develop, use, and operate the Project on the Property, as well as set forth a schedule of performance for the permitting, financing, and development of the Project. The approval of the Development Agreement is a condition to closing the Escrow as more particularly set forth in this Agreement.

A G R E E M E N T:

NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows:

1. PROPERTY. Subject to all of the terms, conditions, and provisions of this Agreement, and for the consideration herein set forth, Seller hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from Seller all of Seller’s right, title and interest in the Property, together with all improvements thereon, and all rights, privileges, and easements appurtenant to the Property, including without limitation, all of Seller’s interests in the Property. 352 CLICK HERE to Return to Agenda
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2. PURCHASE PRICE.

2.1 Amount. The purchase price which Seller agrees to accept, and Buyer agrees to pay for the Property is the sum of SIXTEEN DOLLARS AND FIFTY CENTS PER SQUARE FOOT ($16.50/sq.ft.) (“Purchase Price”). The total square footage of the Property shall be subject to confirmation by the Title Company (defined below), and the final Purchase Price shall be calculated based thereon if different than the square footage identified in Recital A of this Agreement. As of the Effective Date, the Purchase Price is anticipated to be Two Million Five Hundred Fifty One Thousand Five Hundred Twenty Seven Dollars ($2,551,527.00) for an estimated area of 154,638 square feet (3.55 acres), but this is subject to adjustment as set forth in this Section 2.1.

2.2 Earnest Money Deposit. Concurrent with its opening of the Escrow, Buyer shall deposit into Escrow an earnest money deposit in the amount of ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00)] (“Earnest Money Deposit”). The Escrow Holder shall deposit the Earnest Money Deposit into an interest-bearing account. All interest earned on such funds shall be added to the original principal amount of the Earnest Money Deposit and be considered part of the same. The Earnest Money Deposit shall be nonrefundable to Buyer upon the conclusion of the Due Diligence Period, unless Seller defaults under this Agreement and Buyer chooses as a remedy not to pursue specific performance as provided herein, in which case the refunding of the Earnest Money Deposit shall be Buyer’s exclusive remedy hereunder. Upon the Close of Escrow, the Earnest Money Deposit shall be credited toward the Purchase Price and paid to the Seller as part of the Purchase Price.

2.3 Independent Consideration from Buyer. A portion of the Earnest Money Deposit in the amount of One Hundred Dollars ($100.00) (the “Independent Consideration”) shall be deposited into Escrow and shall be non-refundable to Buyer under any circumstances as independent consideration for the rights extended to Buyer under this Agreement. The Independent Consideration shall be released to Seller immediately following Buyer’s deposit of the Independent Consideration into Escrow (as defined in Section 4.1 below), and, upon the Close of Escrow, the Independent Consideration shall be applicable towards the Purchase Price.

2.4 Deposit of Purchase Price. The Buyer shall deposit the Purchase Price, less the Earnest Money Deposit, with the Escrow Holder, plus Buyer’s closing costs and subject to adjustment for prorations and other charges, in good funds prior to the “Close of Escrow” (as defined in Section 7.1 below).

3. DUE DILIGENCE; BUYER’S INVESTIGATIONS; DOCUMENT AND PROPERTY REVIEW.

3.1 Due Diligence Period. Buyer’s due diligence with respect to the Property shall commence on the Effective Date and shall expire six (6) months after the Opening of Escrow (the “Due Diligence Period”) unless said Due Diligence Period is extended for an extension period mutually agreed upon by the Parties (with each mutually agreed-upon extension a “Due Diligence Extension Period(s)”) and any such Due Diligence Extension Period subject to Buyer’s extension rights set forth in Section 4.4 of this Agreement.
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3.1.1 Seller shall provide Buyer with any Phase I Environmental Site Assessment for the Property previously prepared and in the possession of Seller within ten (10) days of the Effective Date. During the Due Diligence Period, Buyer may (i) undertake a Phase I and/or Phase II Environmental Site Assessment, at Buyer’s cost and expense, to determine if there are any Hazardous Materials (as defined in Section 11.1.3 below) present on, around, or under the Property, and (ii) make such other investigations as it deems necessary to determine whether the Property is suitable for Buyer’s intended use as the Project; provided, however, Buyer must receive Seller’s prior written consent for any invasive or destructive testing performed on the Property by Buyer, and Buyer must comply with Section 3.1.3 of this Agreement. Seller shall be entitled to receive copies of all reports, tests, and studies of the Property prepared by, on behalf of or for, Buyer (collectively, the “Due Diligence Documents”) within ten (10) days of Buyer’s receipt of same.

3.1.2 In the event that Hazardous Materials are present on the Property or the Property is not suitable for Buyer’s intended use as the Project (as determined by Buyer in its sole discretion), Buyer shall have the right to terminate this Agreement by delivery of written notice thereof to Seller prior to the expiration of the Due Diligence Period (“Disapproval Notice”). Upon Buyer’s termination of this Agreement, Escrow Holder shall return the Earnest Money Deposit less the Independent Consideration to Buyer, and Buyer shall provide to Seller all Due Diligence Documents.

3.1.3 Subject to this Section and Section 6 of this Agreement, Seller hereby grants Buyer and its agents, employees, contractors and other representatives a limited license during the Due Diligence Period to enter upon the Property to make such inspections, tests, and other examinations of the Property as Buyer deems necessary in order for Buyer to determine whether the Property will be suitable for Buyer’s intended use (the “Due Diligence Entry Right”); provided, however, that Buyer shall provide Seller at least twenty-four (24) hours’ notice prior if Buyer only seeks to inspect and walk the Property with no physical tests or similar examinations that would disturb or alter the physical condition of the Property, and if Buyer seeks to perform any physical tests or similar examinations that would disturb or alter the physical condition of the Property, then Buyer shall provide Seller at least five (5) days’ prior written notice prior to Buyer, its agents, employees, contractors and/or other representatives entering upon the Property, and Seller shall reasonably consider any such request and shall endeavor to provide a response to Buyer within three (3) days thereafter receipt. Representatives of Seller shall have the right to accompany Buyer during any such entry.
(a) Whenever entering the Property pursuant to the Due Diligence Entry Right, Buyer shall (1) conduct all examinations and/or investigations between the hours of 7:00 a.m. and 3:00 p.m. on a Monday through Friday (excluding Staterecognized holidays) in a diligent, expeditious, and safe manner and not allow any dangerous or Hazardous Materials to occur on the Property during or after the additional examinations and/or investigations; (2) obtain any required governmental permits and comply with all applicable laws and governmental regulations; (3) keep the Property free and clear of all materialmen’s liens, lis pendens and other liens arising out of the entry and additional examinations and/or investigations pursuant to the Right Of Entry License; and (4) upon Seller’s request, provide to Seller, prior to initial entry, a certificate of insurance evidencing that 354 CLICK HERE to Return to Agenda
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Buyer and/or the persons entering the Property have procured and have in effect commercial general liability insurance and any other insurance in the amounts that satisfies the requirements of Seller’s risk manager or designee. (b) In addition to Buyer’s obligations under Section 6 of this Agreement, Buyer shall indemnify, hold harmless, an defend (with counsel of Seller’s choosing) Seller and the Property from any and all liability, claims, damages and expenses (including but not limited to attorneys’ fees and costs of any administrative or judicial proceeding) caused by or resulting from Buyer’s exercise of the Due Diligence Entry Right and/or Buyer’s (or its agents, employees, contractors and other representatives) entry onto the Property prior to the Close of Escrow. Buyer’s indemnity shall survive the Close of Escrow or earlier termination of this Agreement.

3.1.4 No later than the 5:00 p.m. (PST) on the last day of the Due Diligence Period, Buyer shall deliver written notice to Seller if Buyer does not accept the physical condition of the Property (the “Due Diligence Non-Acceptance Notice”). Buyer shall have completed any and all investigations of the Property that require the performance of any physical tests or similar examinations that would disturb or alter the physical condition of the Property, and Buyer shall have completed its review of the Phase I Environmental Site Assessment as well as any and all other Due Diligence Documents. If Buyer timely delivers the Due Diligence Non-Acceptance Notice to Seller and Escrow Holder, then Buyer shall have the right to terminate this Agreement and cancel the Escrow, in which case Escrow Holder shall return to Buyer the Ernest Money Deposit (less the Independent Consideration and any incurred costs for the Escrow), and the parties shall be relieved of any further obligations to perform under this Agreement. If Buyer fails to timely deliver the Due Diligence Non-Acceptance Notice, then Buyer shall be deemed to have accepted the physical condition of the Property and this Agreement, and the parties’ respective obligations herein, shall remain operative.

3.2 Additional Due Diligence Materials. Seller has heretofore provided Buyer with documents relating to the condition of the Property. Within ten (10) business days following the Effective Date, Seller shall provide to Buyer copies of all surveys, tract maps, Phase I reports, leases, rental agreements, contracts or other agreements encumbering the Property, and other information which Seller may have in its possession or under its control but which was not previously made available to Buyer and other information which Seller may have in its possession or under its control but which was not previously made available to Buyer. Without limiting the foregoing, such materials (collectively, the “Due Diligence Materials”) shall include, to the extent in Seller’s possession or control, all title reports and title exception documents, easements, covenants, conditions, restrictions, development agreements and amendments thereto, utility studies, power availability information, parking studies, government approvals, permit applications, site plans, engineering reports, geotechnical reports, environmental reports, and all other documents or information affecting the Property or the Project. During the Due Diligence Period, Buyer may, at its sole discretion and cost and in compliance with this Agreement, order a survey, including an ALTA survey that meets the minimum provisions in Section 9.1 of this Agreement, an environmental analysis, and such other studies and reports as may be required by Buyer. 355 CLICK HERE to Return to Agenda
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3.3 Evidence of Financial Capability; Financing the Project. As one of Seller’s Conditions to Closing, Buyer shall have submitted to Seller and obtained Seller’s approval of evidence that Buyer (a) has obtained as of the Closing Date construction financing from a commercial lender necessary to undertake the acquisition of the Property and the construction of the Project (“Acquisition and Construction Loan”); (b) if desired by Buyer, has obtained “mezzanine” financing in a form reasonably acceptable to Seller; and (c) has sufficient liquidity (available cash) and/or obtained sufficient equity capital to cover the difference between (1) the sum of the construction financing and the mezzanine financing, and (2) the total cost of acquiring the Property and developing the Project (“Buyer’s Equity Contribution”).

3.3.1 Within sixty (60) days following Seller's Approval of the Project Entitlements pursuant to Section 4.4.3 of this Agreement, Buyer shall deliver to Seller a development budget for the Project together with evidence reasonably demonstrating Buyer's anticipated and committed sources of funding for the acquisition and development of the Project (the "Buyer's Financing Documents").

4. ESCROW.

4.1 Opening of Escrow. Closing of the sale of the Property shall take place through an escrow (“Escrow”) to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Stewart Title Company of California at its office located 73- 020 El Paseo, Ste 103, Palm Desert, CA 92260, with Escrow Officer to be Tamara Blackford (a.k.a.

Tamara Castro) e-mail address [email protected], or such other escrow company or escrow officer as mutually agreed upon by Buyer and Seller (the “Escrow Holder”). The opening of the Escrow (the “Opening of Escrow”) shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. Escrow Holder shall immediately distribute to Buyer and Seller fully executed copies of this Agreement and provide each of the parties with written confirmation of the date of the Opening of Escrow. Escrow Holder shall also provide title insurance services related to this Agreement.

4.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the standard preprinted form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder’s standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling.

4.3 Seller Extension. In the event that all funds or any documents and releases, as required by this Agreement or any amendment to Agreement, have not been submitted to Escrow Holder prior to the Closing Date, Seller may extend the Closing Date specified in Section 7.1 below, but not for more than a period of thirty (30) additional calendar days per each Seller extension until either the Escrow is in a position to close or Seller exercises its rights to terminate this Agreement and cancel the Escrow; provided, however, that if Buyer exercises its right to a Buyer’s extension of the Closing Date as provided in Section 4.4 below, then the Seller shall recognize Buyer’s extension of the Closing Date as long as Buyer has performed and is not in material default of this Agreement.
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4.4 Buyer Extension. Subject to the Outside Closing Date provisions in Section 7.1 below, in the event there is not an “Approval” or there is not a “Final Resolution of an Entitlement Challenge” (as defined below), which prevents Buyer from being able to construct and operate the Project on the Property, Buyer may extend the Closing Date according to the following:

4.4.1 Milestone Dates; Refunding and Non-Refunding of Earnest Money Deposit. The parties acknowledge and agree that time is of the essence under this Agreement, and that applying for and processing the ”Project Entitlements” and “Building/Ministerial Permits” (each as defined in Section 12.3 of this Agreement). As such, and notwithstanding any other provisions of this Agreement to the contrary, the refunding and non-refunding of the Earnest Money Deposit shall be subject to the following provisions:
(a) The Earnest Money Deposit shall initially be fully refundable to Buyer, except as otherwise expressly provided herein.
(b) First Milestone Deposit Release. Buyer shall submit to Seller a complete design review package and all applications for the Project Entitlements within six (6) months following the Opening of Escrow (the “First Milestone Date”). Notwithstanding the foregoing, if Seller has not delivered all Due Diligence Materials required under this Agreement within the time frame provided by Section 3.2, the First Milestone Date shall be extended on a day-for-day basis until such Due Diligence Materials are delivered. Fifty Thousand Dollars ($50,000.00) of the Earnest Money Deposit shall be released to Seller upon the occurrence of all of the following:
(i) Buyer has submitted a complete design review package and applications for the Project Entitlements on or before the First Milestone Date; (ii) Seller has Approved (as defined in Section 4.4.3 below), in accordance with all applicable federal, state, and City laws, the Project’s design review package and applications for the Project Entitlements, required for the Project to proceed to applications for the Building/Ministerial Permits; (iii) If there is an Entitlement Challenge, there is a Final Resolution of an Entitlement Challenge (as defined in Section 4.4.3 below); (iv) Buyer has approved the Development Agreement as approved by the Seller in accordance with applicable state and City laws, and Buyer and Seller have executed and notarized the Development Agreement; provided, however, that if Buyer refuses, fails to, or unreasonably delays the execution and notarizing of the Development Agreement that had been negotiated in good faith and where the Parties had reached mutual agreement on all material terms thereof, then, notwithstanding any provisions in this Agreement to the contrary, the Fifty Thousand Dollars ($50,000.00) of the Earnest Money Deposit identified with the First Milestone Date shall be released to Seller;
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(v) Seller shall have provided document(s) or other evidence, customarily provided by the Imperial Irrigation District (“IID”) to inform a consumer of electrical power from IID in the City of the availability and/or capacity for availability of electrical power, that electrical power service meeting the Power Requirement (as defined in Section 12.1.2 below) is available or will be available to serve the Project. Such evidence may include, to the extent available from IID: (i) confirmation of available electrical capacity, (ii) identification of any required on-site or off-site utility improvements, infrastructure upgrades, easements, or facilities necessary to serve the Project, (iii) an estimated timeline for completion of such improvements and commencement of electrical service, (iv) an estimate of the costs associated with such electrical power facilities and improvements, and (v) identification of the person or entity that would be responsible for payment of such costs;
(vi) Buyer shall have approved, in its reasonable discretion, said document(s) or other evidence from IID relating to the Power Requirement.

Buyer shall have the right to determine, in its reasonable discretion, whether the electrical service, costs associated with the delivery of the electrical power services, and timing of delivery of said electrical power services are acceptable to Buyer; and
(vii) Seller is not in material default under this Agreement.

Upon satisfaction of the foregoing conditions in clauses (i)-(vii) of this Section 4.4.1(b), such Fifty Thousand Dollars ($50,000.00) of the Earnest Money Deposit shall be released to Seller and shall thereafter be non-refundable to Buyer.

The date upon which Escrow Holder releases this Fifty Thousand Dollars ($50,000.00) of the Earnest Money Deposit shall be the “First Milestone Earnest Money Deposit Release Date” and shall be memorialized by delivery of written notice thereof from Escrow Holder to Buyer and Seller.
(c) Second Milestone Deposit Release. Buyer shall submit to Seller complete construction drawings and applications for the Building/Ministerial Permits within six (6) months following satisfaction of the conditions set forth in Section 4.4.1(b) above (the “Second Milestone Date”). The remaining Fifty Thousand Dollars ($50,000.00) of the Earnest Money Deposit shall be released to Seller upon the occurrence of all of the following:
(i) Buyer has submitted complete construction drawings and applications for the for the Building/Ministerial Permits on or before the Second Milestone Date;
(ii) Seller has Approved the Building/Ministerial Permits; (iii) If there is a Building Permit Challenge, there is a Final Resolution of the Building Permit Challenge (as defined in Section 4.4.3 below); and 358 CLICK HERE to Return to Agenda
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(iv) Seller is not in material default under this Agreement.

Upon satisfaction of the foregoing conditions in clauses (i)-(iv) of this Section 4.4.1(c), the remaining Fifty Thousand Dollars ($50,000.00) of the Earnest Money Deposit shall be released to Seller and thereafter shall be non-refundable.

The date upon which Escrow Holder releases this remaining Fifty Thousand Dollars ($50,000.00) of the Earnest Money Deposit shall be the “Second Milestone Earnest Money Deposit Release Date” and shall be memorialized by delivery of written notice thereof from Escrow Holder to Buyer and Seller. (d) Upon the Close of Escrow, any portion of the Earnest Money Deposit remaining in Escrow shall be credited against the Purchase Price and released to Seller. Any portion of the Earnest Money Deposit previously released to Seller pursuant to Sections 4.4.1(a) and 4.4.1(b) above shall likewise be credited against the Purchase Price upon the Close of Escrow.

4.4.2 Buyer’s Extensions and Notices. In the event the Escrow is not in a condition to proceed to Closing (as defined in Section 7.1 below) because either (I) not all of the Conditions to Closing (as defined in Section 12.3 below) have been met or waived by the applicable party, or (II) there is not an “Approval” or there is not a “Final Resolution of an Entitlement Challenge” or “Final Resolution of a Building Permit Challenge,” as applicable (each, as defined in Section 4.4.3 below), then Buyer shall have the right to extend the Closing Date specified in Section 7.1 according to the following (each, a “Buyer’s Extension Period”):
(a) If the Escrow is not in a condition to close on or before the “18- Month Milestone Date” as defined in Sections 12.2.1 below, and provided Buyer and Seller mutually agree to extend the Outside Closing Date, Buyer may extend the Closing Date for a period not to exceed sixty (60) days from the 18-Month Milestone Date (“Buyer’s Extension Period”) solely for the purpose of obtaining a remaining “Approval” or a “Final Resolution of an Entitlement Challenge” or “Final Resolution of a Building Permit Challenge: (as defined below), by delivering to Seller and Escrow Holder written notice of said extension “Buyer’s Extension Notice”) no later than five (5) business days prior to the then-scheduled Closing Date. Subject to Buyer’s compliance with Section 4.4.1 above, upon timely delivery of a Buyer’s Extension Notice, the Closing Date shall automatically be extended for the length of Buyer’s Extension Period.
(b) Notwithstanding any provisions in this Section 4.4.2 to the contrary, Buyer and Seller may mutually agree, with written confirmation delivered to Escrow Holder, to an extension of the Closing Date.

4.4.3 Approvals and Final Resolution of Entitlement Challenge. For purposes of this Agreement, “Approval” or “Approved” shall mean the City has taken final action to approve the Project Entitlements or Building/Ministerial Permits, as applicable, and identified as part of the Conditions to Closing in Section 12.3 of this Agreement for the development and use of the Property as the Project. For purposes of this Agreement, “Final Resolution of an Entitlement Challenge” shall mean that, for the Approval of any of the Project Entitlements for which the City 359 CLICK HERE to Return to Agenda
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has taken final action to approve for the Project, either: (1) applicable periods for the filing of a judicial challenge or referendum petition (“Entitlement Challenge”) against the Project Entitlements (including any challenge under the California Environmental Quality Act (“CEQA”)) have expired without the filing of an Entitlement Challenge, or (2) if an Entitlement Challenge is filed, such Entitlement Challenge is resolved on terms satisfactory to the Parties, in their respective reasonable discretion. For purposes of this Agreement, “Final Resolution of a Building Permit Challenge” shall mean that, for the Approval of any of the Building/Ministerial Permits for which the City has taken final action to approve for the Project, either: (1) applicable periods for filing with the City an administrative appeal (“Building Permit Challenge”) of the Building/Ministerial Permit have expired without the filing of a Building Permit Challenge, or (2) if a Building Permit Challenge is filed, such Building Permit Challenge is resolved on terms satisfactory to the Parties, in their respective reasonable discretion.

4.4.4 Reservation of Discretionary Authority and Compliance with Laws.

Nothing in this Section or elsewhere in this Agreement shall be construed as abrogating or otherwise affecting any and all discretionary review authority that any official, board, commission, or council of the City has under law.

5. TITLE MATTERS. If not previously delivered to Buyer, then, within five (5) business days after the Effective Date, Seller shall cause to be prepared and delivered to Buyer the preliminary title report, ORDER NO: 2893611, dated as of March 31, 2026, as of 7:30 a.m., from Stewart Title of California, Inc., 11870 Pierce St, Ste 100, Riverside, CA 92505 (the “Title Company”), with title officer Gary Ferguson, or such other title company or title officer as mutually agreed upon by Buyer and Seller (“Title Officer”), describing the state of title of the Property, together with copies of all exceptions specified therein and with all easements plotted (the “Preliminary Title Report”). Buyer may, at its sole cost and expense, obtain a current survey of the Property (a “Survey”). Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property (except as otherwise provided in Section 10 below). Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained) within thirty (30) days after the Opening of Escrow (“Buyer’s Objection Notice”).

Buyer’s approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer’s sole and absolute discretion. For purposes of this Section, Buyer shall have the right, in its sole and absolute discretion, to object to any title exception, easement, covenant, condition, restriction, agreement, encroachment, or survey matter that may adversely affect the financing, entitlement, development, construction, operation, parking, access, utility service, use, or value of the Project, and any such objection shall be deemed a proper objection under this Agreement. Buyer’s failure to provide Seller with a Buyer’s Objection Notice within said period shall constitute Buyer’s approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained).

Seller shall have a period of ten (10) days after receipt of Buyer’s Objection Notice in which to deliver written notice to Buyer (“Seller’s Notice”) of Seller’s election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement, in which event the provisions of Section 12.2 below shall apply. Seller’s failure to provide Buyer with Seller’s Notice within said period shall constitute Seller’s election not to remove the objectionable 360 CLICK HERE to Return to Agenda
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items on the Preliminary Title Report. If Seller notifies Buyer of its election not to remove the objectionable items, or is deemed to have elected not to remove the objectionable items, Buyer shall have the right, by written notice delivered to Seller within ten (10) days after (a) Buyer’s receipt of Seller’s Notice, or (b) the date Seller is deemed to have elected not to remove the objectionable items, to terminate this Agreement and cancel the Escrow, in which case Escrow Holder shall return the Earnest Money Deposit, less the Independent Consideration, to Buyer, and Buyer and Seller shall have no further obligation hereunder (except for provisions that survive termination of this Agreement). Buyer’s failure to give Seller notice of termination shall be deemed Buyer’s election to accept the Property subject to the objectionable items. All exceptions to title shown on the Preliminary Title Report, other than those which Seller may agree to remove pursuant to this Section 5, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing.

Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer’s review and Seller’s response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed.

On and after the Effective Date, Seller shall not create and record in the Recorder’s Office any new easement, covenant, restriction, encumbrance, statutory development agreement (other than the Development Agreement with Buyer), reciprocal easement agreement, public utility easement agreement, or other exception to title insurance affecting the Property without Buyer’s prior written consent, which shall not be unreasonably withheld or delayed; provided, however, that Seller shall continue to have the right, until the Close of Escrow, to create, enter into, and/or issue temporary use agreements, licenses, and permits (collectively, “Temporary Use Licenses”) for surface parking, ingress and egress for said surface parking, and ancillary uses with said surface parking (collectively, “Temporary Parking Use”), and for City events, City-sponsored events, seasonal and annual regional events, and other similar temporary events (collectively, “Temporary Event(s)”) that are open to the public and/or available for the public to attend by purchasing admission. By way of example only and not limitation, “Temporary Events” that shall continue to have the right to apply for and obtain a Temporary Use License from Seller without the need for Buyer’s prior consent include, but are not limited to: the La Quinta Art Celebration, Art on Main Street, Certified Farmer’s Market at Old Town La Quinta, City of La Quinta Tree Lighting Celebration, Utility Company Events such as the Imperial Irrigation District Shade Tree For All event, and other related programs or events.

6. RIGHT OF ENTRY. Beginning on the Effective Date up to and including the Closing Date, Seller grants Buyer, its agents, contractors, employees, and representatives, the right to enter into and upon the Property at reasonable times for the purposes related to Buyer’s visual inspection of the Property (the “General Right of Entry License”). Buyer shall not disturb the physical condition of the Property, or do any intrusive testing of the Property without the prior written consent of Seller, which consent shall not be unreasonably withheld or delayed and shall be governed by Sections 3.1.1-3.1.4 (above) pursuant to Buyer’s Due Diligence Entry Right. Any costs, expenses, or charges incurred or related to Buyer’s activities under this General Right of Entry License shall be at the sole cost and expense of Buyer and at no cost and expense to Seller. 361 CLICK HERE to Return to Agenda
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Buyer shall, at its own cost and expense entirely, repair any damage to the Property resulting from any such entry, whether part of the Due Diligence Entry Right or this General Right of Entry License, and shall restore the Property to its condition prior to such entry. Buyer agrees to indemnify, defend and hold Seller and the Property harmless from any and all claims, liabilities, liens, actions, judgments, costs, expense, or charges (including without limitation attorneys’ fees and costs) solely to the extent they arise out of (a) the acts or omissions of Buyer or its agents, employees, consultants, contractors or representatives while physically present on the Property pursuant to Buyer’s inspection and due diligence rights under this Agreement, or (b) physical damage to the Property actually caused by Buyer or its agents, employees, consultants, contractors or representatives during such entry whether pursuant to the Due Diligence Entry Right or General Right of Entry License. Buyer’s indemnity shall survive the Close of Escrow or earlier termination of this Agreement. Notwithstanding anything to the contrary contained in this Agreement: (i) Buyer’s indemnification obligations in this Section 6 shall not apply to (and Seller shall remain solely responsible for) any pre-existing conditions or latent defects on, under or relating to the Property, (ii) Buyer shall have no obligation to remediate, abate, remove, or cure any hazardous or environmental condition that was not caused by Buyer or its agents, and (iii) Buyer shall have no indemnity obligation other than as expressly set forth in this Agreement.

7. CLOSE OF ESCROW.

7.1 Close of Escrow; Closing Date. Provided that all of the Buyer’s Conditions to Closing as set forth in Section 12.1 and Seller’s Conditions to Closing as set forth in Section 12.2 have been satisfied or waived by the appropriate party in writing, the sale of the Property shall close on or before eighteen (18) months after the Opening of Escrow (the “Outside Closing Date”), subject to any extension exercised pursuant to Section 4.3 and Section 4.4 of this Agreement or by written agreement by the Parties extending the Outside Closing Date. Notwithstanding the foregoing, if Buyer and Seller agree to advance the Closing, and so long as all of “Buyer’s Conditions to Closing” and all of “Seller’s Conditions to Closing” (as those terms are defined in Section 12) have been satisfied or waived by the appropriate party in writing, Seller and Buyer may elect to authorize the Closing before the Outside Closing Date. The terms “Close of Escrow”, “Closing Date” and the “Closing” are used herein to mean the time Seller’s grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside (“Recorder’s Office” or “Official Records”). Subject to the foregoing, in no event shall the Closing Date occur later than eighteen (18) months following the Opening of Escrow without the City Manager’s or designee’s written consent. If either Buyer or Seller, respectively, has not satisfied or waived the required Buyer’s Conditions to Closing and Seller’s Conditions to Closing pursuant to Section 12.1.1 or 12.2.1 that are required to be completed within six (6) months of the Opening of Escrow, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and cancel the Escrow. If Escrow is not in a condition to close by the Outside Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and cancel the Escrow. Upon the termination of this Agreement and cancellation of the Escrow, the Earnest Money Deposit, less the Independent Consideration, shall be distributed to the parties pursuant to Section 4.4.1 of this Agreement. No termination of this Agreement shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 362 CLICK HERE to Return to Agenda
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7.2 Recordation; Release of Funds and Documents.

7.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed (in the form attached hereto as Exhibit “B”) transferring title to the Property to Buyer (“Grant Deed”); (ii) the Development Agreement (as defined in Section 12.1.1 of this Agreement); (iii) an affordable housing covenant with text included substantially similar to the form provided by HCD to comply with Government Code section 54233 of the SLA, which HCD-approved text is attached hereto as Exhibit “C” (the “Affordable Housing Contingency Covenant”); and (iv) such other and further documents as may be directed jointly by Buyer and Seller.

7.2.2 Upon the Closing, Escrow Holder shall deliver: (i) the Purchase Price to Seller, less any amount to Closing costs attributable to Seller, if any, and any property taxes and/or assessments allocable to Seller pursuant to Section 10 below; (ii) the original executed and notarized Grant Deed to Buyer; (iii) the original executed and notarized Development Agreement and Affordable Housing Contingency Covenant to Seller; and (iv) conformed copies of all recorded documents to both Buyer and Seller.

7.2.3 Escrow Holder is authorized to request from Seller a fully executed copy of the Grant Deed at any time prior to the Close of Escrow, for submission to Buyer for the sole purpose of Buyer’s acceptance of same, in order to place such Grant Deed in a form ready for recording at the Close of Escrow. If Buyer receives such an executed Grant Deed prior to Close of Escrow, Buyer is authorized only to affix its acceptance thereon, or perform such other acts as are required to place the Grant Deed in a recordable form, but may not record the Grant Deed at any time prior to the Close of Escrow.

8. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.

8.1 Buyer’s Obligations. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following:
(a) The Purchase Price, less the Earnest Money Deposit; and (b) A countersigned copy of the Development Agreement, executed by an authorized signatory for Buyer and acknowledged by a licensed notary public; (c) A countersigned copy of the Affordable Housing Contingency Covenant, executed by an authorized signatory for Buyer and acknowledged by a licensed notary public; and (d) Any and all additional funds, instruments or other documents required from Buyer, Escrow Holder, or Title Company (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement and consummate the transaction.

8.2 Seller’s Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following:
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(a) The executed and acknowledged Grant Deed, subject only to the Permitted Exceptions (defined hereafter), and any prior submission to Buyer for acceptance, as provided in Paragraph 6.2.3 above;
(b) A countersigned copy of the Development Agreement (as defined in Section 12.1.1 of this Agreement), executed by an authorized signatory for Seller and acknowledged by the La Quinta City Clerk;
(c) A countersigned copy of the Affordable Housing Contingency Covenant, executed by an authorized signatory for Seller and acknowledged by the La Quinta City Clerk; (d) A Certificate of Non-Foreign Status (the “Non-Foreign Affidavit”), substantially in the form attached hereto as Exhibit “D”, executed by an authorized signatory for Seller; and
(e) All other funds, items, and instruments required from Seller, Escrow Holder, or Title Company (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the provisions of this Agreement and consummate the transaction.

9. TITLE INSURANCE POLICY.

9.1 Title Policy. The Title Policy shall insure fee simple title to the Property in Buyer and shall contain such special endorsements as Buyer may reasonably require (the “Endorsements”). At the Closing Date, the Title Company, as insurer, shall issue a CLTA owner’s standard coverage policy of title insurance (“Title Policy”), in favor of Buyer, as insured, for the Property, with liability in the amount of the Purchase Price, subject only to the following (the “Permitted Exceptions”):
(a) non-delinquent real property taxes, subject to Seller’s obligations to pay certain taxes pursuant to Section 10 below;
(b) all applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; (c) covenants, conditions, restrictions and reservations of record that do not interfere with the Buyer’s proposed use of the Property, as determined in the sole and absolute discretion of Buyer;
(d) easements or rights-of-way over the Property for public or quasi-public utility or public street purposes;
(e) title exceptions in the Preliminary Title Report approved or deemed approved by Buyer pursuant to Section 5 of this Agreement; (f) any other exceptions approved by Buyer; and
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(g) the standard printed conditions and exceptions contained in the CLTA standard owner’s policy of title insurance regularly issued by the Title Company.

9.2 Payment for Title Policy. Buyer shall be responsible for all charges for the Title Policy, and Surveys if elected by Buyer. At Buyer’s election, Buyer may increase the coverage to an Extended Coverage Owner’s Policy of Title Insurance. Buyer shall bear the expense of the additional premium for any extended coverage and all Endorsements.

10. REAL PROPERTY TAXES AND ASSESSMENTS. Upon Buyer’s acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes due to Buyer’s status as a public agency. Seller shall be responsible for paying (through Escrow at Closing) any real and personal property taxes and assessments which may be of record as of the Closing Date and/or have accrued against the Property prior to (and including) the Closing Date (notwithstanding whether such taxes and/or assessments are due and payable as of the Closing Date).

11. REPRESENTATIONS AND WARRANTIES.

11.1 Seller Representations and Warranties. Seller hereby makes the following representations and warranties to Buyer, each of which (i) is material and relied upon by Buyer in making its determination to enter into this Agreement, and (ii) is true in all respects as of the date hereof and shall be true in all respects on the date of Closing:

11.1.1 Eminent Domain. To the best of Seller’s actual knowledge there are no existing, proposed, or contemplated eminent domain proceedings that would materially and adversely affect the Property.

11.1.2 Litigation. Seller has no actual knowledge of pending or threatened litigation or filing of a petition under any Federal Bankruptcy Law or any federal or state insolvency laws or laws for composition of indebtedness or for the reorganization of debtors, which does or will affect the Property and there are no actions or proceedings pending or, to the best of Seller’s knowledge, threatened against Seller before any court or administrative agency that would limit or prevent Seller’s ability to sell the Property.

11.1.3 Hazardous Materials. To the best of Seller’s knowledge (without any obligation of Seller to further investigate), the Property has not at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term “Hazardous Materials” shall mean (i) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as “hazardous wastes,” “hazardous materials,” “hazardous substances,” “toxic substances,” “pollutants,” “contaminants,” “radioactive materials,” or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act (“TSCA”), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 9601, et seq.; the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 365 CLICK HERE to Return to Agenda
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300 et seq.; the Clean Air Act (“CAA”), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter-Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters (collectively the “Environmental Laws”); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any Environmental Law, now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB’s) and (I) ureaformaldehyde.

11.2 Buyer Representations and Warranties. Buyer hereby makes the following representations and warranties to Seller, each of which (i) is material and relied upon by Seller in making its determination to enter into this Agreement, and (ii) is true in all respects as of the date hereof and shall be true in all respects on the date of Closing:

11.2.1 Buyer consists of GATHER CAPITAL INC., a California corporation. This Agreement and all other documents executed by Buyer which are to be delivered to Seller at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Buyer, are and at the time of Closing will be legal, valid, and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Buyer is subject.

11.2.2 Buyer has no actual knowledge of pending or threatened litigation or filing of a petition under any Federal Bankruptcy Law or any federal or state insolvency laws or laws for composition of indebtedness or for the reorganization of debtors, which does or will affect Buyer’s authority and right to purchase the Property and develop the Project; and there are no actions or proceedings pending or, to the best of Buyer’s knowledge, threatened against Buyer before any court or administrative agency in any way connected with the legality, validity or enforceability of this Agreement or Buyer’s ability to purchase of the Property and develop the Project.

11.3 Property Sold “As Is”; Release. Buyer acknowledges that, as of the expiration of the Due Diligence Period, it will have had ample opportunity to inspect or examine the Property and become fully familiar with the physical condition and state of repair of the Property. Subject to the provisions of this Agreement, including without limitation, Section 11.1, Buyer shall accept the Property “AS IS, WHERE IS, WITH ALL FAULTS” and in its present condition, subject to reasonable use, wear, tear and natural deterioration between the Effective Date and the Close of Escrow, without any reduction in the Purchase Price for any change in such condition by reason thereof subsequent to the Effective Date.
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12. CONDITIONS PRECEDENT TO CLOSING.

12.1 Conditions Precedent to Buyer’s Obligations. The obligations of Buyer under this Agreement to purchase the Property and close the Escrow to take all right, title, and interest to the Property shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, “Buyer’s Conditions to Closing”):

12.1.1 Within six (6) months after the Opening of Escrow (i.e., the First Milestone Date):
(a) The parties have negotiated in good faith and executed, in a form for recording in the Riverside County Recorder’s Office (“Recorder’s Office”), the Development Agreement as approved by City Council and enacted by ordinance pursuant to California Government Code section 65864 et seq. and the La Quinta Municipal Code. The parties shall diligently and in good faith negotiate the Development Agreement and use commercially reasonable efforts to finalize, process, and present the Development Agreement for approval within the time periods contemplated by this Agreement; (b) The City has solicited bids and has awarded the Parking Structure Construction Agreement pursuant to applicable City law; and (c) Seller shall have provided, and Buyer shall have approved, in accordance with Section 4.4.1(b) above, the document(s) or other evidence, customarily provided by IID to inform a consumer of electrical power from IID in the City of the availability and/or capacity for availability of electrical power, that electrical power service meeting the Power Requirement (as defined in Section 12.1.2 below) is available or will be available to serve the Project.

In the event that any of the above 6-months Buyer’s Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer on or before the First Milestone Date (as defined in Section 4.4.1 above), Buyer may terminate this Agreement, whereupon the Earnest Money Deposit less the Independent Consideration shall be returned pursuant to Section 4.4.1 above, and neither Party shall have any further obligation hereunder (except for those obligations that expressly survive termination).

12.1.2 Within eighteen (18) months after the Opening of Escrow (the “18-Month Milestone Date”):
(a) Seller has Approved (as defined Section 4.4.3 above) the Project Entitlements and Building/Ministerial Permits (as defined in Section 12.3 below) and, if applicable, there has been a Final Resolution of an Entitlement Challenge and Final Resolution of a Building Permit Challenge (as defined in Section 4.4.3 above); (b) On the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 9.1 above insuring fee title to the Property as being vested in Buyer or other vestee designated by Buyer in writing for vesting purposes only, subject only to the Permitted Exceptions;
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(c) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement;
(d) Except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date;
(e) Delivery to Escrow Holder of all reconveyances of any deeds of trust, if any;
(f) Approval by Buyer of the physical and environmental condition of the Property pursuant to Section 3.1.1-3.1.4 of this Agreement; (g) Approval by Buyer of the condition of title to the Property, subject to and the Permitted Exceptions approved by Buyer and Seller pursuant to this Agreement; (h) Acknowledgement by Buyer that there are no current or pending litigation matters against or threatened against the Property, to Seller’s knowledge; (i) This Agreement shall not have been terminated by Buyer as a result of any damage or casualty to the Property pursuant to Section 18, or condemnation of the Property pursuant to Section 17, of this Agreement;
(j) Seller shall have delivered to Escrow Holder the documents required under this Agreement;
(k) Seller shall have taken actions reasonably necessary to ensure that electrical power service with a minimum capacity of 2,500 amps is available to the Property for the development, construction, and operation of the Project acceptable to Buyer (the “Power Requirement”);
(l) The Development Agreement contains parking provisions satisfactory to Buyer in its reasonable discretion, including the City's obligation to provide interim parking if the Parking Structure Project is not operational upon the date on which the hotel component of the Project receives certificate of occupancy from the City. In the event the Parking Structure Project has not been completed and made available for use prior to the issuance of a certificate of occupancy for the hotel component of the Project, Seller shall provide, or cause to be provided, alternative parking facilities reasonably acceptable to Buyer and located within a reasonable proximity to the Property, in a quantity sufficient to satisfy the parking requirements applicable to the Project and the anticipated operational needs of the hotel, until such time as the Parking Structure Project is completed and available for use, all as more particularly set forth in the Development Agreement. Seller's obligation to provide interim parking shall survive Closing until the Parking Structure Project is completed and operational.; and (m) Seller is not in material default of any term or condition of this Agreement.
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In the event that any of the above 18-month Buyer’s Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer on or before the 18- Month Milestone Date, Buyer may terminate this Agreement, whereupon any portion of the Earnest Money Deposit (less the Independent Consideration) that either has not been released or is not subject to being released to Seller (and non-refundable to Buyer) pursuant to the First Milestone Date and Second Milestone Date provisions in Sections 4.4.1(b) and 4.4.1(c) above, shall be returned to Buyer, and neither Party shall have any further obligation hereunder (except for those obligations that expressly survive termination).

12.2 Conditions Precedent to Seller’s Obligations. The obligations of Seller under this Agreement to sell the Property and close the Escrow to convey all right, title, and interest to the Property to Buyer shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent (“Seller’s Conditions to Closing”):

12.2.1 Within six (6) months after the Opening of Escrow (i.e., the First Milestone Date):
(a) The parties have negotiated in good faith and executed, in a form for recording in the Recorder’s Office, the Development Agreement as approved by City Council and enacted by ordinance pursuant to California Government Code section 65864 et seq. and the La Quinta Municipal Code. The parties shall diligently and in good faith negotiate the Development Agreement and use commercially reasonable efforts to finalize, process, and present the Development Agreement for approval within the time periods contemplated by this Agreement; and
(b) Buyer has deposited and allowed for the release of the Earnest Money Deposit in accordance with Section 4.4.1 of this Agreement.

In the event that any of the above 6-month Seller’s Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller on or before the First Milestone Date (as defined in Section 4.4.1 above), Seller may terminate this Agreement, whereupon the Earnest Money Deposit less the Independent Consideration shall be returned pursuant to Section 4.4.1 above, and neither Party shall have any further obligation hereunder (except for those obligations that expressly survive termination).

12.2.2 Within the 18-Month Milestone Date:
(a) Seller has approved, which approval shall not be unreasonably withheld, conditioned, or delayed, Buyer’s evidence of financial capacity and ability to perform under this Agreement, and Buyer is in a position, upon the Close of Escrow for the Property, to receive financing for the acquisition, development, and completion of construction of the Project as set forth in the evidence of financial capacity and ability provided to Seller; (b) Buyer has obtained and been issued the Project Entitlements and Building/Ministerial Permits (as defined in Section 12.3 below) and, if applicable, there has been a Final Resolution of an Entitlement Challenge and Final Resolution of a Building Permit Challenge (as defined in Section 4.4.3 above);
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(c) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less any offsets against Seller specifically provided for in this Agreement) accruing to Seller pursuant to this Agreement; (d) Delivery to Escrow Holder, in a form for recording in the Recorder’s Office, of the Affordable Housing Contingency Covenant, executed and acknowledged by Buyer and Seller
(e) Delivery to Escrow Holder, in a form for recording in the Recorder’s Office, the Development Agreement, executed and acknowledged by Buyer and Seller; (f) Except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date;
(g) The Planning Commission has reported on the Property’s conformity with the Seller’s adopted general plan pursuant to subdivision (a) of Government Code section 65402; and
(h) Buyer is not in material default of any term or condition of this Agreement.

In the event that any of the above 18-month Seller’s Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller on or before the 18- Month Milestone Date, Seller may terminate this Agreement, whereupon any portion of the Earnest Money Deposit (less the Independent Consideration) that either has not been released or is not subject to being released to Seller (and non-refundable to Buyer) pursuant to the First Milestone Date and Second Milestone Date provisions in Sections 4.4.1(b) and 4.4.1(c) above, shall be returned to Buyer, and neither Party shall have any further obligation hereunder (except for those obligations that expressly survive termination).

12.3 Conditions Precedent to Closing; Definitions. Buyer’s Conditions to Closing and Seller’s Conditions to Closing, collectively, shall be the “Conditions to Closing” for purposes of this Agreement. For purposes of this Agreement, the “Project Entitlements” shall mean, individually and collectively, the discretionary permits, licenses, approvals and entitlements identified specifically in the Conditions to Closing over which the City has jurisdiction to review and decide and are required for or in furtherance of the development of the Project on the Property.

For avoidance of doubt, the Project Entitlements specifically are: (a) the Development Agreement, (b) subdivision map subdividing the Property for the purposes of the Project, (c) a Site Development Permit (“SDP”), (d) any Conditional Use Permit (“CUP”), (e) any conditions of approval attached to any subdivision map, SDP, and/or CUP, and (f) the required environmental review document for compliance with the California Environmental Quality Act (CEQA). For purposes of this Agreement, the “Building/Ministerial Permits” shall mean, individually and collectively, the ministerial permits and licenses for the physical construction of the Project consistent with the Project Entitlements.
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13. NOTICE OF DEFAULT. Upon a default by either Seller or Buyer under this Agreement, the non-defaulting party shall notify the defaulting party and Escrow Holder in writing of such default. If the non-defaulting party gives such notice, the notice shall set forth with specificity the alleged default and the defaulting party shall have ten (10) days to cure any monetary default and thirty (30) days to cure any non-monetary default. If the defaulting party does not cure the default within the applicable ten (10)-day or thirty (30)-day period of the receipt of such notice, the nondefaulting party: (a) may declare by delivering written notice to Escrow Holder and the other party that the defaulting party is in “material default,” and (b) may elect to terminate this Agreement and pursue the remedies provided in Section 14 below.

14. WAIVER OF DAMAGES, SPECIFIC PERFORMANCE. Except as provided in the paragraph immediately below, in the event a party defaults under this Agreement, the nondefaulting party’s sole and exclusive remedy will be for specific performance of this Agreement.

EACH PARTY HEREBY WAIVES ANY RIGHT TO PURSUE DAMAGES RESULTING

FROM A DEFAULT OR BREACH OF THIS AGREEMENT, AND IN NO EVENT SHALL

THE DEFAULTING PARTY BE LIABLE FOR DAMAGES FOR A DEFAULT OR BREACH OF DEFAULTING PARTY’S OBLIGATION UNDER THIS AGREEMENT, ALL OF WHICH

RIGHTS ARE HEREBY WAIVED AND RELINQUISHED BY THE NON-DEFAULTING PARTY. The parties agree that the foregoing limitation on their respective remedies and measure of damages is reasonable under all of the circumstances of this Agreement, and is a material consideration for the parties entering into this Agreement.

Seller’s Initials Buyer’s Initials

NOTWITHSTANDING THE PREVIOUS PARAGRAPH, IF BUYER SHOULD DEFAULT

UNDER THIS AGREEMENT, SELLER AND BUYER AGREE THAT SELLER WILL INCUR

DAMAGES BY REASON OF SUCH DEFAULT WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN.

THEREFORE, SELLER AND BUYER, IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER’S DAMAGES WOULD BE IN THE EVENT OF SUCH DEFAULT BY

BUYER HAVE AGREED BY PLACING THEIR INITIALS BELOW THAT THE EARNEST MONEY DEPOSIT SHALL CONSTITUTE A REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677 OF THE CALIFORNIA CIVIL CODE FOR A BREACH PRIOR TO THE CLOSING. THIS PROVISION DOES NOT APPLY TO OR LIMIT IN ANY WAY EITHER PARTY’S INDEMNITY OBLIGATIONS.

Seller’s Initials Buyer’s Initials
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15. POSSESSION. Possession of the Property, free from all tenancies, parties in possession and occupants, shall be delivered by Seller to Buyer on the Closing Date, subject only to the Permitted Exceptions.

16. ALLOCATION OF COSTS; PRORATIONS.

16.1 Buyer’s Costs. Buyer shall pay the following costs in connection with the Closing:

16.1.1 One Hundred Percent (100%) of escrow fees or similar charges of Escrow Holder;

16.1.2 Any documentary transfer taxes associated with the conveyance;

16.1.3 All charges for the Title Policy, and Surveys if elected by Buyer, including the additional costs for an extended ALTA owner’s policy of title insurance, plus any title endorsements requested by Buyer; and

16.1.4 The cost of recording the Grant Deed and any other recording charges.

16.2 Seller’s Costs. Seller shall pay the following costs in connection with the Closing:

16.2.1 The costs for a standard ALTA owner’s policy of title insurance.

16.3 Miscellaneous Costs. Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, attorneys’ fees, shall be borne and paid by the party incurring same.

16.4 Personal Property. Seller shall remove all personal property from the Property prior to the Close of Escrow. All personal property remaining with the Property after the Close of Escrow shall become the property of Buyer and Buyer may sell or dispose of said property without liability or recourse to Seller or any person or entity claiming under Seller, and Buyer shall have no duty to account for such property. Personal property shall be defined as those items not attached to the realty.

16.5 Real Estate Taxes and Special Assessments. General real estate taxes and assessments payable for the tax year prior to the tax year in which the Closing occurs and all prior years, if any, shall be paid by Seller. All non-delinquent taxes and assessments applicable to the Property, including, without limitation, all property taxes and assessments shall be prorated as of the Close of Escrow on the basis of the actual number of days of the month that have elapsed as of the Close of Escrow and based upon a three hundred sixty-five (365) day year.

17. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity (other than the City of La Quinta) shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement. Buyer and Seller each shall have the right to terminate this Agreement by providing written notice to the other party. Upon such termination, the Escrow shall be cancelled and Escrow 372 CLICK HERE to Return to Agenda
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Holder shall return the Earnest Money Deposit pursuant to Section 4.4.1 of this Agreement. Upon termination of the Agreement, neither party shall have any further obligations under this Agreement. Alternatively to terminating this Agreement and cancelling the Escrow, either Buyer or Seller may elect to proceed with the Closing, in which case the proceeds from an award of condemnation of the Property (or portion thereof), less the costs and expenses (including professional consultants’ and attorneys’ fees) incurred by Seller in connection with any eminent domain proceeding brought by any other governmental entity, shall be assigned to Buyer.

18. DAMAGE. If the Property is damaged or destroyed by any casualty (a “Casualty”) after the Effective Date, but prior to the Closing, and the costs to repair or restore same shall exceed Fifteen Thousand Dollars ($15,000.00) (as reasonably determined by Seller and Buyer), then either Buyer or Seller shall have the right to terminate this Agreement by delivery of written notice thereof to the other party within sixty (60) days of the incident giving rise to the Casualty. In the alternative, if a Casualty shall occur prior to the Closing, and if neither party exercises its right to terminate this Agreement, then Buyer shall proceed with the Closing and Seller shall submit claims and apply the proceeds from any applicable casualty insurance coverage to repair the damage caused on account of any such Casualty. To the extent any damage from the Casualty has been repaired by Seller (or Seller’s contractors or other agents) prior to the Closing, Seller shall assign to Buyer any claims and the proceeds from any approved claims from Seller’s casualty insurance provider for the purpose of completing any remaining repairs after the Close of Escrow, and Seller shall provide Buyer with a credit against the Purchase Price in an amount equal to any deductible under such casualty insurance coverage which has not already been paid by Seller. Seller agrees to execute any documents reasonably necessary to effectuate the provisions of this Section 18.

19. COVENANTS OF SELLER. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date:
(a) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear); (b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein without the prior consent of Buyer; excepting, however, that Seller shall have the right until the Close of Escrow to open and use the Property as a vehicular surface parking lot for special events and temporary purposes, and to open and use the Property for other seasonal or temporary uses consistent with past practice, without the obligation to obtain prior consent of Buyer; (c) Prior to Closing, Seller shall maintain Seller’s existing insurance on the Property; and
(d) Prior to the Closing, Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Property.
(e) MISCELLANEOUS.

19.1 Administration of Agreement. Seller shall maintain authority of this Agreement and the authority to implement this Agreement through its City Manager (or duly authorized designee). 373 CLICK HERE to Return to Agenda
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The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter certain amendments or implementing documents in furtherance of this Agreement on behalf of Seller so long as such actions do not result in any increased costs or a reduction in sales proceeds to Seller or increase the risk of liability to Seller.

Such approvals, interpretations, waivers, implementing documents, and/or amendments may include extensions of time to perform.

19.2 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors, and assigns. Buyer may assign or transfer this Agreement to an entity that directly is controlled by, or is under common control with, Buyer (an “Affiliate”) with Seller’s prior written consent, which consent and approval shall not be unreasonably withheld if Buyer delivers to Seller reasonable documentation supporting the assignee is an Affiliate and Buyer and assignee execute an assignment and assumption agreement In a form reasonably acceptable by Seller. For purposes of this Section, an Affiliate shall also include any single-purpose entity formed for the acquisition, ownership, financing, development, construction, operation, or disposition of the Project, and any joint venture entity in which Buyer or an Affiliate of Buyer owns a direct or indirect interest. Except as provided in the previous sentence, Buyer shall not voluntarily or by operation of law assign or transfer this Agreement, or any right, interest or obligation under this Agreement, to any other person or entity without Seller’s express prior written consent and approval, which consent and approval may be given or withheld by Seller in its sole and absolute discretion. Seller may not assign this Agreement or any interest or right hereunder or under the Escrow without Buyer’s express prior written consent and approval, which consent and approval shall not be unreasonably withheld by Buyer. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship.

19.3 Actual Knowledge. The term “actual knowledge” with regard to Seller shall mean the actual knowledge of Seller’s City Manager and Design and Development Director, without any duty to investigate. The term “actual knowledge” with regard to Buyer shall mean the actual knowledge of Buyer’s President or CEO, without any duty to investigate.

19.4 Notices. All notices under this Agreement shall be effective upon personal delivery, upon delivery by reputable overnight courier service that provides a receipt with the date and time of delivery, upon e-mail delivery with confirmation of receipt by the sender, or five (5) business days after deposit in the United States mail, registered, certified, postage fully prepaid, and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:

To Seller: City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
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and to:

City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
and to:

City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: Gilbert Villalpando, Director of Housing Development e-mail copy to: [email protected]
with copy to:

Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, California 92612
Attn: William H. Ihrke, Esq.
e-mail copy to: [email protected]
To Buyer: Gather Capital Inc.
924 Walnut Ave.

Santa Cruz, CA 95060
Attn: Jon Sisk
e-mail copy to: [email protected]
with copy to:

JD Sanchez
JD Sanchez, Attorney at Law
4101 McGowen Street, Suite 110-234
Long Beach, CA 90808
e-mail copy to: [email protected]

19.5 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto.

19.6 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement.

19.7 Choice of Laws; Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law, without regard to conflicts of law principles. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Seller shall be made in accordance with California law. Service 375 CLICK HERE to Return to Agenda
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of process on Buyer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California.

19.8 Attorneys’ Fees. In any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provisions of this Agreement or in connection with the Property, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorneys’ fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs.

19.9 Nonliability of Buyer and Seller Officials. No officer, official, member, employee, agent, or representative of Buyer or Seller shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. Notwithstanding the preceding sentence, if Buyer’s Financing Documents include or require a personal guaranty to be executed and enforceable against one or more of Buyer’s officers, officials, members, employees, agent, or representative, then nothing in this Section 19.9 shall limit or prevent said personal guaranty from remaining in full force and effect according to its own terms.

19.10 Gender; Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates.

19.11 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto.

19.12 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein.

19.13 Time Period Computations. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and California state or national holidays unless the reference is to business days, in which event such weekends and holidays shall be excluded in the computation of time and provide that if the last date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday, Sunday or California state or national holiday, such act or notice shall be deemed to have been timely performed or given on the next succeeding day which is not a Saturday, Sunday or California state or national holiday.

19.14 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by the party to be charged. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any other breach or default unless expressly provided herein or in the waiver.

19.15 Broker’s Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney’s fees) in any manner 376 CLICK HERE to Return to Agenda
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connected with a claim asserted by any individual or entity for any commission or finder’s fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder’s fee.

19.16 Duplicate Originals. This Agreement may be executed in any number of duplicate originals or counterparts, all of which shall be of equal legal force and effect.

19.17 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

19.18 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference:

Exhibit “A” Legal Description of Property
Exhibit “B” Grant Deed
Exhibit “C” Affordable Housing Contingency Covenant
Exhibit “D” Non-Foreign Affidavit

19.19 Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.

19.20 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto.

19.21 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. [END -- SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above.

BUYER:

GATHER CAPITAL INC., a California
corporation
By:

Jon Sisk, CEO
[signatures continue on next page]
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SELLER:

CITY OF LA QUINTA, a California
municipal corporation and charter city
By:

Jon McMillen, City Manager
ATTEST:

Monika Radeva, City Clerk
APPROVED AS TO FORM:

William H. Ihrke, City Attorney
[signatures continue on next page]
[end of signatures]
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Stewart Title of California, Inc. agrees to act as Escrow Holder in accordance with the terms of this Agreement that are applicable to it.

STEWART TITLE OF CALIFORNIA, INC.

By:

Name:

Its: Escrow Officer
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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
The real property and improvements thereon situated in the State of California, County of Riverside, City of La Quinta, are described as follows:

Parcel A: [APNs: 770-124-010 and 770-124-012]
Being Lots 68, 69, 70, 71, 75, 76, and 77 Desert Club Tract Unit No. 4, in the City of La Quinta, County of Riverside, State of California, as shown by Map filed for Record on November 6, 1946 in Book 21 of Maps, Page 60, Records of the Riverside County Recorder, and situated in the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, excepting therefrom that portion of said Lot 75 more particularly described as follows:

Beginning at the Southwest corner of said Lot 75, said point being the beginning of a non-tangent curve concave Southerly and having a radius of 425.00 feet, a radial line of said curve from said point bears S 11°14'11" E;
Thence Easterly along the curved South line of said Lot 75 an arc distance of 44.51 feet through a central angle of 06°00'03", a radial line of said curve from said point bears S 05°14'08" E; Thence leaving said South line of Lot 75, N 00°05'00" W a distance of 120.99 feet to its intersection with the North line thereof; said intersection point distant thereon S 89°51'30" W,

55.96 feet from the Northeast corner of said Lot 75;
Thence S 89°51'30" W along the Northerly line of said Lot 75 a distance of 44.04 feet to the Northwest corner thereof;
Thence S 00°05'00" E a distance of 127.26 feet along the West line of said Lot 75 to the point of beginning.

Parcel B: [APN: 770-123-011]
Parcel A of Parcel Merger No. 2011-505 as shown and described in Grant Deed recorded January 23, 2012 as Instrument No. 2012-0027545 of Official Records, described as follows:

Lots 62, 63, 64, 65 and 66 Desert Club Tract No. 4, in the City of La Quinta, County of Riverside, State of California, as per Map recorded November 6, 1946 in Book 21, Page 60, Records of Riverside County, California.

Excepting the Northerly 20 feet of said Lots 62, 63 and 64 by Final Order of Condemnation recorded March 9, 1993 as Instrument No. 88003 of Official Records. 381 CLICK HERE to Return to Agenda
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Also excepting the Northerly 20 feet of said Lot 66 by Deed recorded May 4, 1993 as Instrument No. 165658 of Official Records.

Also excepting the Northerly 20 feet of said Lot 65 by final order of condemnation recorded February 5, 2004 as Instrument No. 2004-85089 of Official Records.

FOR INFORMATIONAL PURPOSES ONLY: APN: 770-123-011, 770-124-010, 770-124-012 (End of Legal Description)
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EXHIBIT “B”

FORM OF GRANT DEED
[SEE ATTACHED]
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RECORDING REQUESTED BY AND:

WHEN RECORDED MAIL TO:

City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
Space above this line for Recorder’s Use
Exempt from Recordation Fee per Gov. Code § 27383
MAIL TAX STATEMENTS TO:

City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
The undersigned declares exemption under the following:

Exempt from recording fee pursuant to Government Code
Section 27383; recorded by a municipality
Order No.

Escrow No.

GRANT DEED
[TO BE CORRECTED, IF NECESSARY, ON CLOSING FOR LEGAL COMPLIANCE] FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the following: CITY OF LA QUINTA, a California municipal corporation and charter city (the “GRANTOR”), hereby grants, conveys, and transfers to GATHER CAPITAL INC., a California corporation (“GRANTEE”), the real property in the City of La Quinta, County of Riverside, State of California, described on Attachment No. 1 attached hereto and incorporated herein by reference (the “Property”)
[continued on following page]
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The Property conveyed hereby is subject to all matters of record.

GRANTOR:

CITY OF LA QUINTA, a California
municipal corporation and charter city
By:

Jon McMillen, City Manager
ATTEST:

Monika Radeva, City Clerk
APPROVED AS TO FORM:

William H. Ihrke, City Attorney
[end of signatures]
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Riverside )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature (Seal)
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ATTACHMENT NO. 1 TO GRANT DEED

LEGAL DESCRIPTION OF THE PROPERTY
The real property and improvements thereon situated in the State of California, County of Riverside, City of La Quinta, are described as follows:

Excepting the Northerly 20 feet of said Lots 62, 63 and 64 by Final Order of Condemnation recorded March 9, 1993 as Instrument No. 88003 of Official Records. 387 CLICK HERE to Return to Agenda
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Also excepting the Northerly 20 feet of said Lot 66 by Deed recorded May 4, 1993 as Instrument No. 165658 of Official Records.

Also excepting the Northerly 20 feet of said Lot 65 by final order of condemnation recorded February 5, 2004 as Instrument No. 2004-85089 of Official Records.

FOR INFORMATIONAL PURPOSES ONLY: APN: 770-123-011, 770-124-010, 770-124-012 (End of Legal Description)
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EXHIBIT “C”

AFFORDABLE HOUSING CONTINGENCY COVENANT
[attached]
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The language set forth below may be contained in a larger recorded covenant document depending on the future project proposed on the Property pursuant to disposition subject to the California Surplus Land Act, or may be recorded as a stand-alone covenant.

Sample Covenant or Restriction to be Recorded
(per Government Code Section 54233)
Not less than One-Hundred Percent (100%) of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
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EXHIBIT “D”

AFFIDAVIT OF NON-FOREIGN ENTITY
TO: GATHER CAPITAL INC., a California corporation (“Buyer”) The Internal Revenue Code of 1954 (“Code”) (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person.

To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit “A” to the Agreement for Purchase and Sale and Escrow Instructions dated _______________, 202__, and incorporated herein by reference (“Property”), that the undersigned (“Seller”) hereby certifies the following:

1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and

2. The U.S. taxpayer identification number for Seller is _____________________; and

3. The address for mailing purposes of Seller is: __________________________________; and

4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both.

Under penalty of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller.
[signatures on next page]
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SELLER:

CITY OF LA QUINTA, a California
municipal corporation and charter city
By:

Jon McMillen, City Manager
ATTEST:

Monika Radeva, City Clerk
APPROVED AS TO FORM:

William H. Ihrke, City Attorney
[end of signatures]
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22421893.19 a07/30/26

AGREEMENT FOR PURCHASE AND SALE AND

ESCROW INSTRUCTIONS

BY AND BETWEEN

CITY OF LA QUINTA
(“SELLER”)
AND
GATHER CAPITAL INC.
(“BUYER”)
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TABLE OF CONTENTS
Page
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22421893.19 a07/30/26 -i1. PROPERTY ...................................................................................................................... 2

2. PURCHASE PRICE ......................................................................................................... 3

2.1 Amount ................................................................................................................. 3

2.2 Earnest Money Deposit ......................................................................................... 3

2.3 Independent Consideration from Buyer ................................................................ 3

2.4 Deposit of Purchase Price ..................................................................................... 3

3. DUE DILIGENCE; BUYER’S INVESTIGATIONS; DOCUMENT AND
PROPERTY REVIEW...................................................................................................... 3

3.1 Due Diligence Period ............................................................................................ 3

3.2 Additional Due Diligence Materials ..................................................................... 5

3.3 Evidence of Financial Capability; Financing the Project ..................................... 6

4. ESCROW .......................................................................................................................... 6

4.1 Opening of Escrow ............................................................................................... 6

4.2 Escrow Instructions ............................................................................................... 6

4.3 Seller Extension. ................................................................................................... 6

4.4 Buyer Extension .................................................................................................... 7

5. TITLE MATTERS .......................................................................................................... 10

6. RIGHT OF ENTRY ........................................................................................................ 11

7. CLOSE OF ESCROW .................................................................................................... 12

7.1 Close of Escrow; Closing Date ........................................................................... 12

7.2 Recordation; Release of Funds and Documents ................................................. 13

8. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER ........... 13

8.1 Buyer’s Obligations ............................................................................................ 13

8.2 Seller’s Obligations ............................................................................................. 13

9. TITLE INSURANCE POLICY ...................................................................................... 14

9.1 Title Policy .......................................................................................................... 14

9.2 Payment for Title Policy ..................................................................................... 15

10. REAL PROPERTY TAXES AND ASSESSMENTS .................................................... 15

11. REPRESENTATIONS AND WARRANTIES............................................................... 15

11.1 Seller Representations and Warranties ............................................................... 15

11.2 Buyer Representations and Warranties ............................................................... 16

11.3 Property Sold “As Is”; Release ........................................................................... 16 394 CLICK HERE to Return to Agenda
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22421893.19 a07/30/26 -ii12. CONDITIONS PRECEDENT TO CLOSING ............................................................... 17

12.1 Conditions Precedent to Buyer’s Obligations ..................................................... 17

12.2 Conditions Precedent to Seller’s Obligations ..................................................... 19

12.3 Conditions Precedent to Closing; Definitions..................................................... 20

13. NOTICE OF DEFAULT................................................................................................. 21

14. WAIVER OF DAMAGES, SPECIFIC PERFORMANCE ............................................ 21

15. POSSESSION ................................................................................................................. 22

16. ALLOCATION OF COSTS; PRORATIONS ................................................................ 22

16.1 Buyer’s Costs ...................................................................................................... 22

16.2 Seller’s Costs. Seller shall pay the following costs in connection with the Closing .......................................................................................................... 22

16.3 Miscellaneous Costs............................................................................................ 22

16.4 Personal Property ................................................................................................ 22

16.5 Real Estate Taxes and Special Assessments ....................................................... 22

17. CONDEMNATION ........................................................................................................ 22

18. DAMAGE ....................................................................................................................... 23

19. COVENANTS OF SELLER........................................................................................... 23

19.1 Administration of Agreement ............................................................................. 23

19.2 Assignment ......................................................................................................... 24

19.3 Actual Knowledge .............................................................................................. 24

19.4 Notices ................................................................................................................ 24

19.5 Fair Meaning ....................................................................................................... 25

19.6 Headings ............................................................................................................. 25

19.7 Choice of Laws; Litigation Matters .................................................................... 25

19.8 Attorneys’ Fees ................................................................................................... 26

19.9 Nonliability of Buyer and Seller Officials .......................................................... 26

19.10 Gender; Number.................................................................................................. 26

19.11 Survival ............................................................................................................... 26

19.12 Time of Essence .................................................................................................. 26

19.13 Time Period Computations ................................................................................. 26

19.14 Waiver or Modification....................................................................................... 26

19.15 Broker’s Fees ...................................................................................................... 26

19.16 Duplicate Originals ............................................................................................. 27

19.17 Severability ......................................................................................................... 27

19.18 Exhibits ............................................................................................................... 27

19.19 Authority ............................................................................................................. 27

19.20 Entire Agreement; Amendment .......................................................................... 27 395 CLICK HERE to Return to Agenda
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22421893.19 a07/30/26 -iii19.21 Counterparts ........................................................................................................ 27

EXHIBITS
Exhibit “A” Legal Description of Property
Exhibit “B” Form of Grant Deed
Exhibit “C” Affordability Covenant
Exhibit “D” Form of Affidavit of Non-Foreign Entity
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City of La Quinta
CITY COUNCIL MEETING: August 4, 2026

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND

REGULATORY MASTER FEE SCHEDULE

RECOMMENDATION
Adopt a Resolution to update the City’s current user and regulatory Master Fee Schedule.

EXECUTIVE SUMMARY
• Staff annually reviews user and regulatory fees as part of the City’s normal course of operations.
• Fees were most recently updated in August 2025. As part of that update, Council authorized annual fee adjustments, whereby fees would be increased based on the annual change in the regional Consumer Price Index for the Riverside, San Bernardino, Ontario region (CPI).
• The annual change in CPI was 3.09%. Accordingly, most fees are proposed to be adjusted by 3.09%. Similar, to other organizations, the City faces inflationary pressures. The fee adjustment is intended to recognize this while continuing to prioritize collaboration between the City, the development community, and other fee payers.
• Several minor refinements are proposed to specific fee categories to enhance fee schedule clarity, and more closely align fees to the City’s current costs of service. • If adopted, the proposed Master Fee Schedule (MFS) would take effect October 3, 2026.

FISCAL IMPACT
Based on historical revenues and permit volume, the new fee schedule may generate an additional $90,000 in annual revenue.

BACKGROUND/ANALYSIS
Each year, staff reviews user and regulatory fees as a basis for recovering allowable costs of certain City services. Periodically (generally every 5 to 7 years), the City conducts a comprehensive fee study; the last one was completed in July 2025. In the interim years, PUBLIC HEARING ITEM NO. 1
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fees are primarily adjusted by the annual change in CPI for the region. Regional CPI is based on the most recent annual change in the Consumer Price Index for All Urban Consumers in the Riverside, San Bernardino, Ontario Region. The annual timeframe used is March to March.

Fee adjustments are made to improve the correlation between the City’s cost of providing services and the fees imposed to recover those costs. If fees remain unchanged while the City’s costs increase, the City’s cost recovery levels will decrease.

The following table summarizes the proposed updates to the fee schedule.

Fee Category Summary of Primary Proposed Changes
1 Building Fees • 3.09% increase to reflect CPI change
• Clarify/add additional fee descriptions/
categories to improve fee schedule clarity
2 Planning Fees • 3.09% increase to reflect CPI change
• Adjust initial deposit to recover City Attorney time
associated with development agreement review
• Clarify/add additional fee descriptions/
categories to improve fee schedule clarity
• Remove unused fee categories
3 Public Works Fees • 3.09% increase to reflect CPI change 4 Fire Fees • 3.09% increase to reflect CPI change
5 NPDES Inspection Fees • 3.09% increase to reflect CPI change 6 STVR Permit Fees • 3.09% increase to reflect CPI change • Clarify/add additional fee descriptions/
categories to improve fee schedule clarity
7 Medical Cannabis Delivery
Permit Fees
• 3.09% increase to reflect CPI change
8 False Alarm Response • 3.09% increase to reflect CPI change 9 Vehicle Impound Fees • 3.09% increase to reflect CPI change 10 Code Enforcement • 3.09% increase to reflect CPI change • Clarify/add additional fee descriptions/
categories to improve fee schedule clarity
• Remove unused fee categories
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11 Bingo Permit • No change (limited by State)
12 Film/Photography Permit • 3.09% increase to reflect CPI change 13 Administrative Fees • No change (limited by State)
• Add pass-through fee for returned payments
14 Appeal Fees • No change
15 Facility Rental Rates • No change
16 SilverRock Rental Rates • 3.09% increase to reflect CPI change 17 Parking Lot Rental Rates • 3.09% increase to reflect CPI change (rounded to nearest $0.25 per space)
18 Technology Enhancement Fee • No change
19 Credit Card Transaction Fee • No change
• Attachment 2 identifies current fees, proposed fees, and proposed fee change percentage.
• Attachment 3 includes cost of service analysis supporting any non-CPI fee adjustments.
• Attachment 4 provides the source data for the annual CPI adjustment.

If Council adopts the resolution, the updated Master Fee Schedule will go into effect on October 3, 2026.

AGENCY AND PUBLIC REVIEW
Notice regarding the proposed fee changes was provided in accordance with Government Code Sections 66016 and 6062(a). Interested stakeholders, the Building Industry Association of Southern California – Riverside County Chapter (BIA), Desert Valleys Builders Association (DVBA), and the Southern California Gas Company (SC Gas) received notice of these recommendations on July 20, 2026. Public Hearing notices were also published in The Desert Sun on July 24 and 29, 2026. 399 CLICK HERE to Return to Agenda

ALTERNATIVES
Council may elect to adjust fees by a different amount than recommended by staff; or Council may elect not to adjust the proposed fees.

Prepared by: Oscar Mojica, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
Attachments:

1. Resolution 2026-XXX

2. Fee Schedule Showing Current Fees, Proposed Fees, and Proposed Fee Change Percentage

3. Cost of Service Analysis

4. Regional CPI Table – Riverside-San Bernardino-Ontario 2025-2026 400 CLICK HERE to Return to Agenda
ATTACHMENT 1
RESOLUTION NO. 2026 - xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, ADOPTING A REVISED

MASTER FEE SCHEDULE OF VARIOUS USER AND

REGULATORY FEES
WHEREAS, this action is exempt under the California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) Rates Tolls Fares and Charges; and
WHEREAS, the City Council adopted Resolution No. 2025-021 on August 5, 2025, updating the City’s Master Fee Schedule of various user and regulatory fees; and WHEREAS, the City Council desires that annually the fees be increased based on the all-urban consumers Consumer Price Index (CPI) for Riverside – San Bernardino – Ontario region; and
WHEREAS, the City commissioned ClearSource Financial Consulting to conduct the analysis to determine the user and regulatory fee update, which is included in the staff report and available for public review; and
WHEREAS, the City Council hereby finds that the supporting documents, along with the most recently completed comprehensive study completed in August 2025, provide adequate evidence to conclude that the adjusted fees are set at amounts that do not exceed the estimated reasonable cost to provide the service.

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

SECTION 1. Each recital, set forth above, is hereby adopted as a specific finding of this City Council.

SECTION 2. Resolution No. 2025-021 is hereby superseded, and revised fees as listed in the Master Fee Schedule attached hereto as “Exhibit A,” and incorporated herewith by this reference, are hereby adopted.

SECTION 3. Annually on July 1 the City Manager or their designee shall update and promulgate a new fee schedule whereby all fees are increased based on the allurban consumers CPI for Riverside – San Bernardino – Ontario computed from March of the previous year to March of the current year. If the CPI does not change or goes down in a given year, no change shall be made to the Master Fee Schedule that year.

SECTION 4. This Resolution shall become effective upon adoption. The fees imposed by this Resolution shall go into effect October 3, 2026. 401 CLICK HERE to Return to Agenda
Resolution No. 2026 – xxx
Master Fee Schedule – Update of User and Regulatory Fees Adopted: August 4, 2026

Page 2 of 2 ends

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of August 2026, the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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City of La Quinta
Master Fee Schedule
- Effective October 3, 2026 -
Resolution No. 2026 – xxx
Master Fee Schedule – Update of User and Regulatory Fees Adopted: August 4, 2026

EXHIBIT A
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Table of Contents
Contents Page
1 Building Fees - Mechanical, Plumbing, and Electrical 1 2 Building Fees - Miscellaneous Items 4
3 Building Fees - New Construction 8
4 Building Fees - Other Fees 9
5 Planning Fees 11
6 Public Works Fees 15
7 Fire Fees 21
8 NPDES Ongoing Inspection Fees 24
9 Short-Term Vacation Rental Permit Fees 25
10 Medical Cannabis Delivery Application Fees 26
11 False Alarm Response Fees 27
12 Vehicle Impound Cost Recovery Fees 28
13 Code Compliance Cost Recovery Fees 29
14 Film/Photography Permit Fees 30
15 Bingo Permit Fees 31
16 Administrative Fees 32
17 Appeal Fees 33
18 Facility Use Fees 34
19 SilverRock Event Site Facility Rental Fees 36
20 Parking Lot and Open Space Rental Fees 37
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Fees
Fee Description Permit Plan Check Total Notes
Permit Issuance
1 Permit Issuance (Mechanical, Plumbing, Electrical) $129.93 $129.93 Mechanical
2 Installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance
$58.13 $34.19 $92.32
3 Installation or relocation of each suspended heater, recessed wall heater, or floormounted unit heater$34.19 $17.10 $51.29 4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC $34.19 $6.84 $41.03
5 Installation or relocation of each boiler, condenser, compressor, or each absorption system
$51.29 $41.03 $92.32
6 Air-handling unit, including attached ducts $54.71 $17.10 $71.80 7 Evaporative cooler, other than portable-type $17.10 $17.10 $34.19 8 Ventilation fan connected to a single-duct $17.10 $6.84 $23.93 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood
$17.10 $6.84 $23.93
10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed
$61.54 $51.29 $112.83
Mechanical Change-Out
11 Condenser Only $61.54 $34.19 $95.74
12 Furnace Only $54.71 $44.45 $99.16
13 Other Equipment $58.13 $51.29 $109.41
14 Packaged Unit $54.71 $44.45 $99.16
15 Repair / Alteration $15.91 $6.36 $22.27
16 Split-System $68.38 $102.57 $170.96
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Mechanical, Plumbing, and Electrical 405 CLICK HERE to Return to Agenda
Fees
Fee Description Permit Plan Check Total Notes
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Mechanical, Plumbing, and Electrical Plumbing
17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection)
$20.51 $17.10 $37.61
18 Sewer Connection / Septic Abandonment $41.03 $23.93 $64.96 19 Rainwater systems, per drain (inside building)
a) First 10 $17.10 $17.10 $34.19
b) Each Additional $3.42 $3.42 $6.84
20 Water heater and/or vent $23.93 $10.26 $34.19
21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps $51.29 $17.10 $68.38
22 Installation, alteration, or repair of water piping and/or water-treating equipment, drainage or vent piping, each fixture
$17.10 $20.51 $37.61
23 Backflow protective device other than atmospheric-type vacuum breakers $17.10 $6.84 $23.93 24 Gas piping system - 1 to 4 outlets $23.93 $34.19 $58.13 25 Gas piping system - 5 or more outlets $51.29 $34.19 $85.48 26 Solar (Thermal) $34.19 $34.19 $68.38
Electrical
New Construction
27 Residential - First 1,000 SF (includes livable and non-livable SF) $239.34 $85.48 $324.82 28 Residential - Each Additional 1,000 SF (includes livable and non-livable SF) $20.51 $6.84 $27.35 29 Non-Residential - First 2,000 SF $188.05 $119.67 $307.72 30 Non-Residential - Each Additional 2,000 SF $58.13 $13.68 $71.80 Solar (Photovoltaic)
31 Solar (PV) Less than 10kW $34.19 $51.29 $85.48 [a]
32 Solar (PV) Greater than 10kW $51.29 $68.38 $119.67 [a] 33 Each Additional String (>20) $10.26 $0.85 $11.11 [a] Receptacle, Switch, and Lighting Outlets
34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20
$41.03 $23.93 $64.96
35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional
$3.42 $3.42
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Fees
Fee Description Permit Plan Check Total Notes
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Mechanical, Plumbing, and Electrical Lighting Fixtures
36 Lighting fixtures, sockets, or other lamp-holding devices - first 20 $34.19 $41.03 $75.22 37 Lighting fixtures, sockets, or other lamp-holding devices - each add'l $3.42 $3.42 38 Pole or platform-mounted light replacement, repair or alteration - first 10 $34.19 $37.61 $71.80 39 Pole or platform-mounted light replacement, repair or alteration - each additional $3.42 $0.85 $4.27 Residential Appliances
40 Fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens; counter-mounted cooking tops; electric ranges; self-contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating, each $17.10 $20.51 $37.61
Non-Residential Appliances
41 Residential appliances and self-contained, factory-wired, non-residential appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each
$34.19 $41.03 $75.22
Power Apparatus
42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each
$34.19 $41.03 $75.22
Signs, Outline Lighting, and Marquees
43 Signs, outline lighting systems, or marquees, each $54.71 $78.64 $133.35 Services
44 Services, each $41.03 $17.10 $58.13
Temporary Power Services
45 Temporary service power pole or pedestal, including all pole or pedestal-mounted receptacle outlets and appurtenances, each
$41.03 $23.93 $64.96
Miscellaneous Apparatus, Conduits, and Conductors
46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified
$41.03 $37.61 $78.64
[a] Plan review fees will be waived if approved real time code review software is used. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. 407 CLICK HERE to Return to Agenda
Fees
Fee Description Permit Plan Check Total Notes
Addition
1 Residential Addition
a) Residential Addition - Up to 100 SF $205.15 $259.86 $465.00 [a] b) Residential Addition - Each Additional 500 SF $116.25 $34.19 $150.44 [a] c) Structural Review bill hourly (1 hour min.) [a]
2 Non-Residential Addition
a) Non-Residential Addition - Up to 100 SF $198.31 $290.63 $488.94 [a] b) Non-Residential Addition - Each Additional 500 SF $92.32 $41.03 $133.35 [a] c) Structural Review bill hourly (1 hour min.) [a]
Antenna
3 Dish > 2 Ft $51.29 $188.05 $239.34
4 Cellular/Mobile Phone $205.15 $290.63 $495.78
5 Equipment Shelter $51.29 $136.77 $188.05
Awning/Canopy (Supported by Building)
6 Awning/Canopy $34.19 $324.82 $359.01
Balcony Addition
7 Balcony Addition $205.15 $256.44 $461.59
Block Wall
8 Block Wall - First 100 LF $85.48 $102.57 $188.05
9 Block Wall - Each Add'l 50 LF $20.51 $0.00 $20.51
10 Retaining / Combination Wall - Each 50 LF $20.51 $0.00 $20.51 Carport
11 Carport - First $136.77 $153.86 $290.63
12 Carport - Each Additional $102.57 $51.29 $153.86
Compliance Survey/Special Inspection
13 Compliance Survey/Special Inspection $102.57 $290.63 $393.20 Demolition
14 Demolition $34.19 $119.67 $153.86
15 Demolition - Interior $51.29 $136.77 $188.05
16 Demolition - Exterior $51.29 $153.86 $205.15
Fence (Over 7' From Finished Grade)
17 Fence - First 100 LF $75.22 $95.74 $170.96
18 Fence - Each Additional 50 LF $20.51 $0.00 $20.51
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
408 CLICK HERE to Return to Agenda
Fees
Fee Description Permit Plan Check Total Notes
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
Fireplace
19 Fireplace $205.15 $307.72 $512.87
Flag (Over 20ft)/Lighting Pole
20 Flag/Lighting Pole - First $51.29 $136.77 $188.05
21 Flag/Lighting Pole - Each Additional $20.51 $6.84 $27.35 Grading
22 Residential Precise Grading (Tract Homes) - Per Home $188.05 $188.05 [b] 23 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF $51.29 $51.29 $102.57 24 Residential Precise Grading (Custom Home) - Lot > 7,000 SF $51.29 $256.44 $307.72 Manufactured and Factory Built Housing Fees
25 Manufactured Home (MH) $160.70 $263.27 $423.97 [c]
26 Commercial Modular (CM) + (SPCM) $211.99 $263.27 $475.26 [c] 27 Factory Built Housing (FBH) $317.98 $263.27 $581.26 [c] Partition
28 Partition $102.57 $188.05 $290.63
Patio Cover / Covered Porch / Lattice
29 Standard, Open, Pre-Engineered (First) $136.77 $136.77 $273.53 30 Standard, Enclosed, Pre-Engineered (First) $170.96 $188.05 $359.01 31 Special Design (First) $188.05 $239.34 $427.39
32 Each Additional $68.38 $51.29 $119.67
Pool / Spa
33 Swimming Pool / Spa $273.53 $136.77 $410.30
34 Detached Spa / Water Feature $273.53 $0.00 $273.53
35 Gunite Alteration $273.53 $136.77 $410.30
36 Equipment Change-out Alone $34.19 $129.93 $164.12
Remodel
37 Non-Structural Review - Up to 100 SF $82.06 $205.15 $287.21 [a] 38 Non-Structural Review - Each Additional 500 SF $51.29 $27.35 $78.64 [a] 39 Structural Review bill hourly (1 hour min.) [a]
Replacement of Plans/Job Card
40 Replacement of Job Copy of Approved Plans $0.00 $290.63 $290.63 41 Replacement of Inspection Record Card $0.00 $51.29 $51.29 Re-Roof
42 Re-Roof - Up to 2,000 SF $68.38 $140.19 $208.57
43 Re-Roof - Each Additional 1,000 SF $17.10 $0.00 $17.10 409 CLICK HERE to Return to Agenda
Fees
Fee Description Permit Plan Check Total Notes
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
Sign
44 Monument Sign - First $102.57 $188.05 $290.63
45 Monument Sign - Each Additional $34.19 $0.00 $34.19
46 Wall/Awning Sign - First $34.19 $123.09 $157.28
47 Wall/Awning Sign - Each Additional $34.19 $34.19 $68.38 Storage Racks
48 Storage Racks - First 100 LF $34.19 $136.77 $170.96
49 Storage Racks - Each Additional 100 LF $17.10 $0.00 $17.10 Stucco Application
50 Stucco Application - First 500 SF $34.19 $105.99 $140.19 51 Stucco Application - Each Additional 500 SF $10.26 $0.00 $10.26 Temporary Trailer
52 Temporary Trailer $205.15 $205.15 $410.30
Utility Release
53 Electrical Utility Release $105.99 $0.00 $105.99
Window / Sliding Glass Door / Other Fenestration
54 Retrofit/Repair - Up to 7 $85.48 $85.48 $170.96
55 Retrofit/Repair - Each Additional 5 $17.10 $0.00 $17.10 56 New/Alteration - First $136.77 $157.28 $294.05
57 New/Alteration - Each Additional $13.68 $17.10 $30.77 410 CLICK HERE to Return to Agenda
Fees
Fee Description Permit Plan Check Total Notes
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
Administrative
58 Plan Check Initial Deposit - For Various Non-OTC Items a) Miscellaneous Items $0.00 $205.15 $205.15 [d]
b) New Construction varies [d],[e]
59 Plan Check / Permit Extension Processing $0.00 $137.45 $137.45 60 Plan Check / Revisions (per hour) bill hourly (15 min. minimum) 61 Change of Contractor, Architect, Owner Processing $0.00 $137.45 $137.45 62 Request/Research for Alternative Methods/Product Review bill hourly (1 hour min.) 63 Temporary Certificate of Occupancy $615.45 $0.00 $615.45 [f] 64 Disabled Access Compliance Inspection $0.00 $205.15 $205.15 65 Partial Inspection Fee $102.57 $0.00 $102.57 [g]
66 Re-inspection Fee $102.57 $0.00 $102.57 [g]
67 Excess Plan Check Fee bill hourly (30 min. minimum) [h] 68 Investigation Fee for Work Commenced Without a Permit equal to permit fee 69 Investigation Fee for Work Covered Prior to Inspection 70 Request for Phased Approval Permit Issuance – Plan Check $0.00 $410.30 $410.30 [i] 71 Refunds
a) Fees Erroneously Paid or Collected by the City [j]
b) All Others
i) Fees Prior to Work Being Commenced [k],[l]
ii) 180 Days After Payment of Fees [m]
[d] Non-Refundable Initial Deposit. For projects that request permit issuance the initial deposit amount will be credited against total fees. [e] Initial deposit varies depending on project details. [f] Per issuance, each extension will be assessed fee at each occurrence. [j] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [k] No fees are refundable once the work covered by them is commenced. [l] No refunds shall be issued in the event total fees requested for refund total less than $100. [m] Whether work has commenced or not, no fees are refundable more than 180 days after their payment. [a] Fee is intended to capture structural and non-structural reviews. Mechanical, Electrical, and Plumbing review and inspection fees are collected separately.
no refund
up to 80% refund
* In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including the cost of structural engineering review services.
bill hourly (30 min. minimum)
100% refund
[i] At the discretion of the building official, only applicable after a submittal has been reviewed for code compliance and subject to partial inspection fees.
[c] Multifamily Manufactured Housing (MFMH) will be based on Manufactured and Factory Built Housing Fee Schedule. For multiple structures, see "Plan Check for Multiple Structures - Each Additional" under the New Construction category. Mechanical / Electrical / Plumbing fees not included. [g] The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See re-inspection fee and partial inspection fee for applicable fees. [h] The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services.
[b] Plan review fees for Residential Precise Grading (Tract Homes) are identified as part of the Public Works fee schedule and based on the number of sheets submitted for plan review. See Public Works fee schedule. 411 CLICK HERE to Return to Agenda
Fee Description Fee - Permit *
New Construction
1 $1 - $10,000 $205.15 for the first
$5,000, plus
$65.65 for each additional $1,000 or fraction thereof,
to and including $10,000
2 $10,001 - $25,000 $533.39 for the first
$10,000, plus
$15.50 for each additional $1,000 or fraction thereof,
to and including $25,000
3 $25,001 - $200,000 $765.89 for the first
$25,000, plus
$10.28 for each additional $1,000 or fraction thereof,
to and including $200,000
4 $200,000 and Up $2,564.36 for the first
$200,000, plus
$5.14 for each additional $1,000 or fraction thereof
Fee Description Fee - Plan Check *
(Project Valuation)
5 $1 - $10,000 $205.15 for the first
$5,000, plus
$109.41 for each additional $1,000 or fraction thereof, to and including $10,000
6 $10,001 - $25,000 $752.21 for the first
$10,000, plus
$25.07 for each additional $1,000 or fraction thereof,
to and including $25,000
7 $25,001 - $200,000 $1,128.32 for the first
$25,000, plus
$4.34 for each additional $1,000 or fraction thereof,
to and including $200,000
8 $200,000 and Up $1,887.37 for the first
$200,000, plus
$3.47 for each additional $1,000 or fraction thereof
Fee Description
Fee - Plan Check for
Multiple Structures - Each Additional **
(Project Valuation)
9 All Valuations $68.38
Fee Description Fee
10 Building Department Staff $205 per hour
11 City Attorney / Other Legal Review 100% of actual costs 12 Outside Service Providers 100% of actual costs
For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity.

City of La Quinta
Master Fee Schedule
Schedule of Building Fees - New Construction
* The new construction fees identified in this fee schedule include the cost of structural engineering review services currently conducted by outside service providers. Additional fees will be collected for the provision of all plan review services beyond second review. * The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See re-inspection fee and partial inspection fee for applicable fees. * The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services.
** Fee applies when multiple identical units are submitted for review and permitted at the same time. For tract construction, "at the same time" refers to construction sequence sheets that are submitted and processed together. Each phase submitted separately will be charged the full plan check fee for each model type in that phase, with the multiple identical structure fee applied to any additional identical structures in that phase. 412 CLICK HERE to Return to Agenda
Fee Description Fee Notes
Strong Motion Instrumentation (SMI) Fee Calculation
1 Residential $0.50 or valuation x .00013
2 Commercial $0.50 or valuation x .00028
Art In Public Places (AIPP) Fee Calculation [a]
3 Residential $20.00 or 1/4 of 1% of value exceeding $200,000 4 Commercial $20.00 or 1/2 of 1% of value
Building Standards Administration Special Revolving Fund (SB 1473) Fee Calculation
[b]
5 Valuation:
a) $1 - $25,000 $1
b) $25,001 - $50,000 $2
c) $50,001 - $75,000 $3
d) $75,001 - $100,000 $4
e) Every $25,000 or fraction thereof above $100,000 Add $1 Technology Enhancement Fee
6 Technology Enhancement Fee (percent of permit fee) 5% [a] Source: La Quinta Municipal Code 2.65.060.
[b] Source: California Health and Safety Code Section 18931.6 City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Other Fees
413 CLICK HERE to Return to Agenda
Building Valuation Data
Occupancy and Type
Cost per Sq
Ft Avg Occupancy and Type
Cost per Sq
Ft Avg Occupancy and Type
Cost per Sq
Ft Avg Occupancy and Type
Cost per Sq
Ft Avg
1 APARTMENT HOUSES: 7 DWELLINGS: 13 JAILS: Type III-B $26.70 Type I-A or I-B * $72.50 Type V - Masonry $60.80 Type I-A or I-B $130.00 Type V-A $27.10 (Good) $89.00 (Good) $78.00 Type III-A $116.90 20 RESTAURANTS:

Type V - Masonry Type V - Wood Frame $54.30 Type V-A $88.00 Type III-A $78.80 (or Type III) $58.80 (Good) $77.90 14 LIBRARIES: Type III-B $76.20 (Good) $71.80 Basements - Type I-A or I-B $95.40 Type V-A $72.00 Type V - Wood Frame $51.60 Semi-Finished $16.20 Type II-A $68.90 Type V-B $69.10 (Good) $65.90 (Good) $18.50 Type II-B $65.50 21 SCHOOLS:

Type I - Basement Garage $30.80 Unfinished $12.20 Type III-A $72.70 Type I-A or I-B $90.90 2 AUDITORIUMS: (Good) $14.30 Type III-B $69.20 Type II-A $61.20 Type I-A or I-B $85.80 8 FIRE STATIONS: Type V-A $68.20 Type III-A $65.70 Type II-A $61.50 Type I-A or I-B $92.80 Type V-B $65.20 Type III-B $62.30 Type II-B $58.80 Type II-A $60.50 15 MEDICAL OFFICES: Type V-A $61.20 Type III-A $64.60 Type II-B $57.50 Type I-A or I-B * $97.40 Type V-B $58.40 Type III-B $61.70 Type III-A $66.70 Type II-A $74.60 22 SERVICE STATIONS:

Type V-A $61.40 Type III-B $63.80 Type II-B $71.20 Type II-B $54.40 Type V-B $58.50 Type V-A $62.20 Type III-A $78.60 Type III-A $56.60 3 BANKS: Type V-B $59.20 Type III-B $75.70 Type V-A $48.10 Type I-A or I-B * $121.40 9 HOMES FOR THE ELDERLY: Type V-A $72.90 Canopies $22.60 Type II-A $88.20 Type I-A or I-B $85.00 Type V-B $70.00 23 STORES:

Type II-B $85.60 Type II-A $68.40 16 OFFICES**: Type I-A or I-B * $67.40 Type III-A $97.70 Type II-B $65.20 Type I-A or I-B * $87.20 Type II-A $40.60 Type III-B $94.30 Type III-A $71.20 Type II-A $57.80 Type II-B $39.80 Type V-A $87.90 Type III-B $68.20 Type II-B $55.20 Type III-A $49.60 Type V-B $85.00 Type V-A $68.60 Type III-A $62.40 Type III-B $46.80 4 BOWLING ALLEYS: Type V-B $65.70 Type III-B $59.60 Type V-A $41.60 Type II-A $41.10 10 HOSPITALS: Type V-A $57.80 Type V-B $38.40 Type II-B $38.30 Type I-A or I-B * $133.50 Type V-B $54.90 24 THEATERS:

Type III-A $44.90 Type III-A $109.40 17 PRIVATE GARAGES: Type I-A or I-B $89.80 Type III-B $41.90 Type V-A $103.50 Wood Frame $19.60 Type III-A $64.60 Type V-A $30.50 11 HOTELS AND MOTELS: Masonry $22.00 Type III-B $61.60 5 CHURCHES: Type I-A or I-B * $82.20 Open Carports $13.30 Type V-A $60.40 Type I-A or I-B $81.20 Type III-A $71.00 18 18. PUBLIC BUILDINGS: Type V-B $57.40 Type II-A $60.20 Type III-B $67.60 Type I-A or I-B * $101.40 25 WAREHOUSES***:

Type II-B $57.20 Type V-A $62.90 Type II-A $80.90 Type I-A or I-B $40.40 Type III-A $65.50 Type V-B $59.90 Type II-B $77.60 Type II-A or V-A $23.60 Type III-B $62.50 12 INDUSTRIAL PLANTS: Type III-A $83.80 Type II-B or V-B $22.20 Type V-A $60.80 Type I-A or I-B $46.60 Type III-B $81.10 Type III-A $27.10 Type V-B $58.00 Type II-A $32.10 Type V-A $76.70 Type III-B $25.90 6 CONVALESCENT HOSPITALS: Type II-B $29.40 Type V-B $73.80 Type I-A or I-B * $113.80 Type III-A $35.30 19 PUBLIC GARAGES: EQUIPMENT Type II-A $77.20 Type III-B $32.80 Type I-A or I-B * $39.60 26 AIR CONDITIONING:

Type III-A $80.10 Tilt-up $24.10 Type I or II Open Parking * $30.00 Commercial $3.50 Type V-B $75.10 Type V-A $33.00 Type II-B $23.20 Residential $2.90 Type V-B $30.20 Type III-A $29.90 SPRINKLER SYSTEMS: $1.70 * Add 0.5 percent to total cost for each story over three. ** Deduct 20 percent for shell-only buildings.
*** Deduct 11 percent for mini-warehouses.

Note: Building valuation data transcribed from Building Standards, July-August 1994 and adapted to 2007 CBC Types of Construction. Revised 3/5/2009. 414 CLICK HERE to Return to Agenda
Fee Description Fee * Notes
Temporary Use / Special Event Permit
1 Temporary Use Permit $615
2 Special Event Permit $615
Minor Use
3 Minor Use Permit $615
4 Minor Use Permit - Amendment $615
Conditional Use
5 Conditional Use Permit $8,206 [a]
6 Conditional Use Permit - Planned Unit Development $8,206 [a] 7 Conditional Use Permit - Amendment $4,000 [a]
8 Conditional Use Permit - Time Extension $2,154 [a]
Expedited Review Fee
9 Expedited Review Fee 1.5x standard fee [b]
Site Development
10 Development Agreement
a) Staff Review $4,103 [c]
b) City Attorney Deposit $15,000 [c]
11 Development Agreement - Amendment
a) Staff Review $2,051 [c]
b) City Attorney Deposit $7,500 [c]
12 Site Development Permit - Planning Commission $11,693 [a] 13 Site Development Permit - Administrative $9,745 [a]
14 Site Development Permit - Amendment $5,949 [a]
15 Site Development Permit - Time Extension $2,154 [a]
16 Modification by Applicant $615
17 Minor Adjustment $615
18 Underground Waiver $3,077
19 Variance $3,077
Landscape Plan
20 Final Landscape Plan $2,462
Housing
21 Senate Bill (SB) 330 Application Review $1,641
Conceptual Design Review
22 Conceptual Design Review $3,077 [d]
City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
415 CLICK HERE to Return to Agenda
Fee Description Fee * Notes
City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
Signs
23 Sign Permit - Temporary Commercial Banner $50
24 Sign Permit $467
25 Sign Permit - Political Campaign Signs $467
a) Code Compliance Deposit $200 [e]
26 Sign Program $3,693
27 Sign Program Amendment $1,231
Residential Flagpole
28 Residential Flagpole $65
Zoning
29 Zone Change $12,001
30 Director's Determination $800
31 Zoning Letter - Basic Property Information $533
32 Zoning Letter - Basic Property Information with Additional Research Required $1,744 33 Zoning Text Amendment $12,104
Street Name Change
34 Street Name Change $2,359
Historical Structures
35 Landmark Designation / Certificate of Appropriateness / Dedesignation $1,734 36 Mills Act Agreement $1,231
Environmental Review
37 Recordation of Exemption $205
38 Initial Study (ND/MND) $4,103
39 Environmental Impact Report $11,283
General/Specific Plan
40 Specific Plan $13,642
41 Specific Plan - Amendment $6,154
42 General Plan Amendment $13,335
416 CLICK HERE to Return to Agenda
Fee Description Fee * Notes
City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
Map
43 Tentative Parcel Map $6,462 [a]
44 Tentative Parcel Map - Waiver $1,744 [a]
45 Tentative Parcel Map - Amendment $3,898 [a]
46 Tentative Parcel Map - Revision $3,898 [a]
47 Tentative Parcel Map - Time Extension $1,231 [a]
48 Tentative Tract Map $10,668 [a]
49 Tentative Tract Map - Amendment $5,129 [a]
50 Tentative Tract Map - Revision $5,129 [a]
51 Tentative Tract Map - Time Extension (CC or PC) $2,359 [a] 52 Tentative Tract Map - Time Extension (Admin) $1,333 [a] 53 Tentative Condominium Map $10,668 [a]
54 Amended Final Parcel Map (Entitlement Support) $5,129 55 Amended Final Tract Map (Entitlement Support) $8,206 56 Certificate of Compliance $1,333
Large Lot - Qualified and Certified
57 Large Lot - Qualified and Certified $1,500
Zoning Clearance - Planning Plan Check
58 Zoning Clearance - Planning Plan Check
a) Alterations/Additions - Residential $103
b) New Construction - Single Family Residential $308
c) New Construction - 2-4 Residential Units $308
d) New Construction - 5+ Residential Units $615
e) New Construction - Non-Residential $410
f) Alterations/Additions - Non-Residential $205
59 Planning Fence Review $154
60 Accessory Dwelling Unit or Guesthouse $410
Planning Final Inspection
61 Planning Final Inspection $103
62 Technology Enhancement Fee
63 Technology Enhancement Fee (percent of permit fee) 5% 417 CLICK HERE to Return to Agenda
Fee Description Fee * Notes
City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
Fee Description Fee * Notes
64 Planning Department Staff (per hour) $205
65 City Attorney or Other Legal Review 100% pass-through of actual costs [c] 66 Outside Service Providers 100% pass-through of actual costs [a] Abandoned applications pursuant to LQMC Section 9.200.070 may be re-activated upon payment of an Application Reactivation Fee of 50% of the current application fee.
[f] Note applicable to all fees: All fees have been calculated based upon average number of staff hours. Should a project take significantly more staff time to complete, staff hours above original assumptions may be charged at current hourly rates. [e] In addition to the fee shown for Sign Permit - Political Campaign Signs, the City shall collect a $200 deposit to ensure compliance with the conditions of the permit, including the proper placement and removal of all signs. If the conditions of the permit are complied with, the deposit is refundable.
[b] Request for expedited service is subject to Design & Development Department Director approval. It is dependent on staff availability and workload.
[c] In addition to the fee shown for Development Agreement, the City shall collect an initial deposit to offset City Attorney costs and may require an additional deposit(s) to capture 100% of pass-through costs. [d] 50% of fee may be credited toward entitlement application submittal.

Note: If multiple applications are received concurrently from the same applicant for projects that require similar application review and are generally similar except for location, one project location shall pay 100% of application review fee(s), the fee(s) for each project application at other locations shall be 50% of the original fee(s).
* In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers and specialized legal review required to process the specific application.

For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. 418 CLICK HERE to Return to Agenda
Fee Description Fee * Unit Notes
Land Subdivision
1 Parcel Map:
a) Final Parcel Map
i) Initial Sheet $3,180 per sheet
ii) Each Additional Sheet $923 per sheet
b) Final Parcel Map - Amendment
i) Initial Sheet $3,180 per sheet
ii) Each Additional Sheet $923 per sheet
c) Substantial Conformance Review
i) Initial Sheet $3,744 per sheet
ii) Each Additional Sheet $1,641 per sheet
2 Tract Map:
a) Final Tract Map
i) Initial Sheet $3,385 per sheet
ii) Each Additional Sheet $1,026 per sheet
b) Final Tract Map - Amendment
i) Initial Sheet $3,385 per sheet
ii) Each Additional Sheet $1,026 per sheet
c) Substantial Conformance Review
i) Initial Sheet $3,744 per sheet
ii) Each Additional Sheet $1,641 per sheet
3 Reversion to Acreage:
a) Initial Sheet $3,488 per sheet
b) Each Additional Sheet $923 per sheet
4 Lot Line Adjustment/Parcel Merger
a) Lot Line Adjustment $2,462 per request
b) Parcel Merger $2,462 per request
5 Street Dedication/Vacation
a) Land Action Documents
(ROW/Easements/Grant Deeds)
$2,513 per request
b) Vacation of Street/Public ROW $3,077 per request
6 Land Survey
a) Record of Survey $667 per request
b) Certificate of Correction $872 per request
City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
419 CLICK HERE to Return to Agenda
Fee Description Fee * Unit Notes
City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
Grading / Project Improvements
7 Plan Review (First 3 Reviews):
a) Rough Grading
i) Initial Sheet $1,898 per sheet
ii) Each Additional Sheet $1,026 per sheet
iii) Revisions - Initial Sheet $1,463 per sheet
iv) Revisions - Each Additional Sheet $1,026 per sheet
b) Precise Grading - Commercial
i) Initial Sheet $2,308 per sheet
ii) Each Additional Sheet $1,436 per sheet
iii) Revisions - Initial Sheet $1,873 per sheet
iv) Revisions - Each Additional Sheet $1,436 per sheet
c) Precise Grading - Tract Homes
i) Initial Sheet $1,333 per sheet
ii) Each Additional Sheet $256 per sheet
iii) Revisions - Initial Sheet $796 per sheet
iv) Revisions - Each Additional Sheet $256 per sheet
d) Precise Grading - Custom Home [a]
e) PM10
i) Initial Sheet $639 per sheet
ii) Each Additional Sheet $0 per sheet
iii) Revisions - Initial Sheet $492 per sheet
iv) Revisions - Each Additional Sheet $0 per sheet
f) Street Improvements
i) Initial Sheet $2,103 per sheet
ii) Each Additional Sheet $1,231 per sheet
iii) Revisions - Initial Sheet $1,668 per sheet
iv) Revisions - Each Additional Sheet $1,231 per sheet
g) Storm Drain
i) Initial Sheet $2,103 per sheet
ii) Each Additional Sheet $1,231 per sheet
iii) Revisions - Initial Sheet $1,668 per sheet
iv) Revisions - Each Additional Sheet $1,231 per sheet
h) Signing and Striping
i) Initial Sheet $1,898 per sheet
ii) Each Additional Sheet $1,026 per sheet
iii) Revisions - Initial Sheet $1,463 per sheet
iv) Revisions - Each Additional Sheet $1,026 per sheet
420 CLICK HERE to Return to Agenda
Fee Description Fee * Unit Notes
City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
i) Traffic Signal
i) Initial Sheet $1,692 per sheet
ii) Each Additional Sheet $821 per sheet
iii) Revisions - Initial Sheet $1,258 per sheet
iv) Revisions - Each Additional Sheet $821 per sheet
j) Sidewalk
i) Initial Sheet $1,487 per sheet
ii) Each Additional Sheet $615 per sheet
iii) Revisions - Initial Sheet $1,052 per sheet
iv) Revisions - Each Additional Sheet $615 per sheet
k) Traffic Control Plan $103 per sheet
l) Record Drawings Review
i) Initial Sheet $1,077 per sheet
ii) Each Additional Sheet $205 per sheet
m) Hydrology Report $2,205 per report
i) Revisions $1,026 per report
n) Traffic Study $1,692 per study
o) WQMP Report
i) With Prior Entitlement $2,000 per report
ii) Without Prior Entitlement $2,411 per report
iii) Revisions $1,026 per report
p) SWPPP $2,308 per plan
i) Revisions $821 per plan
q) Sewer and Water
i) Initial Sheet $1,436 per sheet
ii) Each Additional Sheet $615 per sheet
iii) Revisions - Initial Sheet $1,026 per sheet
iv) Revisions - Each Additional Sheet $615 per sheet
8 Plan Review (>3 Reviews) $205 per hour
9 Expedited Plan Review Fee 1.5x standard fee [b]
421 CLICK HERE to Return to Agenda
Fee Description Fee * Unit Notes
City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
10 Permit Inspection
a) Rough Grading
i) First 3 Acres $4,103
ii) Each Additional Acre $1,026
iii) Last One Acre $513
b) Precise Grading
i) First 3 Acres $4,103
ii) Each Additional Acre $1,026
iii) Last One Acre $513
c) Precise Grading - Tract Homes $189 [c]
d) Precise Grading - Custom Homes $103 [c]
e) PM10
i) < 10 Acres $4,924 [d]
ii) 10 - 50 Acres $7,385 [d]
iii) 51 - 200 Acres $9,847 [d]
iv) > 200 Acres $14,771 [d]
f) Street Improvements - Off-Site
i) First 1,000 LF $6,565
ii) Each Additional 1,000 LF $5,744
iii) Last 1,000 LF $3,693
g) Street Improvements - On-Site
i) First 1,000 LF $4,513
ii) Each Additional 1,000 LF $3,693
iii) Last 1,000 LF $2,462
h) Storm Drain
i) First 1,000 LF $3,898
ii) Each Additional 1,000 LF $3,077
iii) Last 1,000 LF $2,051
i) Signing and Striping
i) First 1,000 LF $2,051
ii) Each Additional 1,000 LF $1,231
iii) Last 1,000 LF $615
j) Traffic Signal $5,539
k) NPDES $2,462
l) Bond Reduction Request $2,770
m) Final Inspection/Acceptance $3,693
n) Traffic Control Only
i) One Day $412
ii) Two - Five Days $825
iii) Each Additional Day (Up to 10 Days) $412
iv) 11+ Days $4,821
422 CLICK HERE to Return to Agenda
Fee Description Fee * Unit Notes
City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
o) Cut/Bore $923
p) Driveway
i) Residential $207
ii) Commercial $1,333
q) Excavation / Trenching
i) First 100 LF $923
ii) Each Additional 100 LF $410
iii) Last 100 LF $205
r) Sidewalk
i) First 100 Lineal Feet $889
ii) Each Additional 100 Lineal Feet $628
iii) Last 100 Lineal Feet $209
s) Sewer and Water $1,641
t) Night Work $513
11 Research/Administrative
a) Subdivision Improvement Agreement (SIA) $2,462 per request b) SIA - Time Extension $1,436 per request
c) Assignment & Assumptions Agreement $2,667 per request d) Flood Plain Research/FEMA App $1,231 per request
e) Bid Protest Review $837
f) City Planting of Memorial Tree $410
12 Reactivation of Permit
a) Reactivation of an Expired Permit / Permit Extension 10% of original permit fee each 13 Technology Enhancement Fee
Technology Enhancement Fee (percent of permit fee) 5%
14 Transportation Permits
a) Annual $90 each
b) Single Event $16 each
15 Refunds
a) Refunds for Plan Checks
i) If plan check has not begun 90% refund [e]
ii) If 1st plan check has begun 60% refund [e]
iii) If 2nd plan check has begun 30% refund [e]
iv) Past 2nd plan check no refund [e]
b) Refunds for Permits - Permit issued and no work has
commenced
Up to 90% of original permit fee [f]
423 CLICK HERE to Return to Agenda
Fee Description Fee * Unit Notes
City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
Fee Description Fee Unit Notes
16 Public Works Personnel $205 per hour
17 City Attorney or Other Legal Review 100% pass-through of actual cost 18 Outside Service Providers 100% pass-through of actual cost * In addition to the fees identified in this schedule, the City will pass-through to the applicant any discrete costs incurred from the use of outside service providers required to process the specific application. Exception for contract traffic engineering and plan review consulting costs, which are included in the fees listed above.
[e] Upon request of the applicant, the director may authorize refunding a percentage of fees paid with the following schedule. If any portion of the plan check fee has been paid out by the city to another agency or consultant for services rendered in connection with the plan check, no refund of that portion of the fee shall be made.
[f] Upon request of the applicant, the director may authorize refunding of not more than 50% of fees paid when no work has been done under an issued permit. In no case shall the refund exceed the cost of services provided to date of cancellation of permit issuance.

For simple revisions and/or service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [b] Expedited Plan Review request is subject to City Engineer approval. It is dependent on staff availability and workload. [c] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section.
[d] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro-rated based on the number of months permitted.
424 CLICK HERE to Return to Agenda
Fee *
Fee Description Plan Review
Permit /
Inspection Total Notes
Construction-Related Fire Review and Inspection Fees
1 New Multi-Residential (Hotel, Motel, Apartments, Condominiums) $615 $410 $1,026 2 New Commercial / Industrial $615 $513 $1,128
3 Residential Addition / Remodel $103 $103 $205
4 Commercial Tenant Improvement $308 $205 $513
5 Commercial / Industrial Addition or Remodel $308 $308 $615 6 New Single Family Dwelling (Access/Water) $103 $103 $205 [a] 7 Automatic Suppression System $410 $410 $821
8 Kitchen Hood Suppression System $308 $205 $513
9 Fire Suppression System - Existing Modifications $205 $205 $410 10 Fire Alarm Systems $718 $615 $1,333
11 Fire Alarm-Monitoring and Tenant Improvements $308 $205 $513 12 Fire Sprinkler Systems - Single Family Detached
a) 1-50 Sprinkler Heads $308 $205 $513 [a]
b) 51-100 Sprinkler Heads $308 $308 $615 [a]
c) Over 100 Sprinkler Heads $308 $410 $718 [a]
13 Fire Sprinkler Systems - Tract Master Plan $308 $0 $308 14 Fire Sprinkler Systems - Tract Production Home $0 $205 $205 15 Fire Sprinkler Systems - Multi-Family 3 or more units $410 $308 $718 [b] 16 Fire Sprinkler Systems - Commercial / Industrial 0 - 35,000 SF $513 $308 $821 17 Fire Sprinkler Systems - Commercial / Industrial 35,001 - 75,000 SF $615 $359 $974 18 Fire Sprinkler Systems - Commercial / Industrial 75,001 - 120,000 SF $718 $513 $1,231 19 Fire Sprinkler Systems - Commercial / Industrial > 120,000 SF $821 $718 $1,539 20 Fire Sprinkler Systems - Tenant Improvement
a) up to 10 $205 $205 $410
b) 10 or more $205 $410 $615
21 Fire Pumps $410 $410 $821
22 Fire Standpipe Systems $308 $410 $718
23 Smoke Controls Systems $718 $615 $1,333
24 Private Fire Mains $410 $410 $821
25 Fire Protection Water Supply - Existing System Modifications $205 $205 $410 26 Water Storage $410 $615 $1,026
27 Public Hydrant System $205 $205 $410
28 Energy Storage Systems $205 $205 $410
29 Emergency Responder Radio Coverage $308 $308 $615
30 AST - Fuel Storage Tank $205 $205 $410
City of La Quinta
Master Fee Schedule
Schedule of Fire Fees
425 CLICK HERE to Return to Agenda
Fee *
Fee Description Plan Review
Permit /
Inspection Total Notes
City of La Quinta
Master Fee Schedule
Schedule of Fire Fees
31 Fuel Dispensers $205 $205 $410
32 Hazardous Materials - HMIS / H-OCC $308 $410 $718
33 High-piled Combustible Storage $308 $410 $718
34 Solar PV Power System (Commercial) $205 $205 $410
35 Special Event Structure / Tent $205 $205 $410
36 Gas Detection System $205 $205 $410
37 Plan Revision Submittals - each $205 $0 $205
38 Plan Resubmittals (in Excess of 3 Reviews) - each $205 $0 $205 39 Failed or Additional Field Inspections (Excessive) - each $0 $205 $205 State Mandated Inspections
40 R-1 Occupancies (Hotels & Motels)
a) < 25 units $0 $205 $205
b) 26 - 50 units $0 $308 $308
c) 51 - 75 units $0 $410 $410
d) 76 - 100 units $0 $513 $513
e) > 100 units $0 $615 $615
f) Per Additional 10 Units $0 $31 $31
41 R-2 (Ex. Apartment)
a) 3 - 16 units $0 $205 $205
b) 17 - 25 units $0 $308 $308
c) 26 - 50 units $0 $410 $410
d) 51 - 75 units $0 $513 $513
e) 76 - 100 units $0 $615 $615
f) > 100 units $0 $718 $718
g) Per Additional 10 Units $0 $31 $31
42 R-2.1/R-4 Occupancies (Residential Care Facilities)
a) Care Facility Commercial 0 - 50 Clients $0 $308 $308 b) Care Facility Commercial 51 - 100 Clients $0 $410 $410 c) Care Facility Commercial 101 - 150 Clients $0 $513 $513 d) Care Facility 151 or more Clients $0 $615 $615
43 Other Occupancies - High Rise Building $0 $1,641 $1,641 44 Defensible Space Inspection Fee (per hour) $0 $205 $205 45 Reinspection fee: Charge for 3rd reinspection and each subsequent reinspection (per hour)
$0 $205 $205
Operational Permit
46 Exhibits & Tradeshows $103 $205 $308
47 Fire Operational Permit (per hour) bill hourly bill hourly per hour 426 CLICK HERE to Return to Agenda
Fee *
Fee Description Plan Review
Permit /
Inspection Total Notes
City of La Quinta
Master Fee Schedule
Schedule of Fire Fees
Other
48 Tract access/Hydrant inspection $0 $205 $205
49 Fire Access Gate Assembly $205 $205 $410
50 Special Event Permit $205 $308 $513
51 Pyrotechnic Permit (Review & Standby Charge) $205 $1,026 $1,231 52 Fire Safety Officer Standby - Events bill hourly bill hourly per hour 53 Fire Miscellaneous (per hour) bill hourly bill hourly per hour 54 Fire Permit Extensions (Admin Processing) $0 $103 $103 55 Expedited Plan Review 1.5x Plan Review Fee
Technology Enhancement Fee
56 Technology Enhancement Fee (percent of permit fee) n/a n/a 5% Fee Description Fee * Notes
57 City Assigned Fire Safety Specialist $205 per hour
58 Other County Fire Services
59 City Attorney or other legal review 100% of actual costs 60 Outside Service Providers 100% of actual costs
[a] Fee will not apply for all submittals. Before applying fees, Fire Department will review project submittal to determine if review is necessary or if review fees have been collected as part of the development planning process. [b] Fee is per building.
* In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review.

See County Fees
427 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
NPDES Ongoing Inspection Fee
1 Food Establishment Facilities $61 per year
2 Hazardous Waste/Materials Facilities $130 per year
3 Digital Follow-Up Inspections, If Required $110 each
Code Compliance
4 Code Compliance Follow-Up, If Required $171 per hour
City of La Quinta
Master Fee Schedule
Schedule of NPDES Ongoing Inspection Fees
428 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
1 Homeshare STVR Permit [a]
Homeshare STVR Permit - Less than 5 Bedrooms $300 per year Homeshare STVR Permit - 5 Bedrooms or More $550 per year 2 Primary Residence Short-Term Vacation Permit [a]
Primary Residence STVR Permit - Less than 5 Bedrooms $750 per year Primary Residence STVR Permit - 5 Bedrooms or More $1,250 per year Primary Residence STVR Permit - Multi-Unit Lock-Off $750 per year [d] 3 General Short-Term Vacation Rental Permit [a]
General STVR Permit - Less than 5 Bedrooms $1,000 per year General STVR Permit - 5 Bedrooms or More $1,250 per year General STVR Permit - Multi-Unit Lock-Off $1,000 per year [d] 4 General Short-Term Vacation Rental Permit (subject to annual mitigation fees) [a],[b] General STVR Permit - Less than 5 Bedrooms (subject to annual mitigation fees) $300 per year General STVR Permit - 5 Bedrooms or More (subject to annual mitigation fees) $550 per year General STVR Permit - Multi-Unit Lock-Off (subject to annual mitigation fees) $550 per year [d] 5 General Short-Term Vacation Rental Permit (Village Hospitality Home) [a],[b],[c] General STVR Permit - Less than 5 Bedrooms (Village Hospitality Home) $300 per year General STVR Permit - 5 Bedrooms or More (Village Hospitality Home) $550 per year General STVR Permit - Multi-Unit Lock-Off (Village Hospitality Home) $550 per year [d] 6 Technology Enhancement Fee (percent of permit fee) 5% [a] If special inspection is required, amount will be billed in half-hour increments based on the hourly rate of the department providing the services. [d] The permit fees adopted for "5 Bedrooms or More" STVR permit subtypes within each STVR permit category shall apply to all "Multi-Unit" STVR permit subtypes for residential dwellings with 5 bedrooms or more. [c] Any unit defined and permitted as a "Village Hospitality Home" pursuant to Sections 9.280.030 and 9.80.020 of the La Quinta Municipal Code, respectively.

City of La Quinta
Master Fee Schedule
Schedule of Short-Term Vacation Rental Permit Fees
[b] A residential dwelling within a residential project subject to a mitigation fee, paid annually to the city to offset revenue losses caused by the development of the residential project, pursuant to a development agreement with the city, or pursuant to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), under which short-term vacation rentals are a permitted use.
429 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
Medical Cannabis Delivery Services Application
1 Medical Cannabis Delivery Service Application
a) Delivery Service Application - New $718 per year
b) Delivery Service Application - Renewal $718 per year Technology Enhancement Fee
2 Technology Enhancement Fee (percent of permit fee) 5% City of La Quinta
Master Fee Schedule
Schedule of Medical Cannabis Delivery Application Fees
430 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
False Alarm Response
1 Police False Alarm Response [a]
a) 1st False Alarm Response No Charge each
b) 2nd False Alarm Response No Charge each
c) 3rd False Alarm Response $103 each
d) 4th False Alarm Response $180 each
e) 5th and Each Additional False Alarm Response $206 each 2 Fire False Alarm Response [a]
a) 1st False Alarm Response No Charge each
b) 2nd False Alarm Response No Charge each
c) 3rd False Alarm Response $103 each
d) 4th False Alarm Response $412 each
e) 5th and Each Additional False Alarm Response $825 each [a] Based on number of false alarms in a 365 day period.

City of La Quinta
Master Fee Schedule
Schedule of False Alarm Response Fees
431 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
1 Vehicle Impound Cost Recovery Fee $309 each
City of La Quinta
Master Fee Schedule
Schedule of Vehicle Impound Cost Recovery Fees
432 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
1 Code Compliance Hourly Rates
a) Code Compliance Hourly Rate $171 per hour [a],[b]
b) Code Compliance Hourly Rate - For Outside Agency
Reimbursement Request
$124 per hour [c]
2 Pool Drain Permit
a) First and Second Inspection $28
b) Third Inspection $28
3 Special Sales Event Permit (Garage Sale) $10
4 Home Occupation Permit
a) Permit $214
b) Address Change $86
5 Massage Establishment Inspection $342 [d]
6 Code Compliance Inspection $171 [d]
[b] Hourly rate for Code Compliance staff per hour for time expended after 30 days. [d] If special inspection is required, amount will be billed in half-hour increments based on the hourly rate of the department providing the services.

City of La Quinta
Master Fee Schedule
Schedule of Code Compliance Cost Recovery Fees
[a] Hourly rate for Code Compliance inspections required or requested for which no other fees are listed, requests for special event support, etc. [c] Hourly rate for outside agency reimbursement request is a reduced rate because the City may request direct reimbursement of various fleet and technology related costs.
433 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
Film/Photography Permit
1 Cast and Crew Totaling One to Three Persons:
a) Permit Issuance Fee
i) Private Property $128 per permit
ii) Private Property with Staging in Public Right of Way $171 per permit iii) Public Property $171 per permit
b) Location Use Fee
i) Private Property $0 per day
ii) Private Property with Staging in Public Right of Way $129 per day [a] iii) Public Property $206 per day [a];[b]
2 Cast and Crew Totaling Four or More Persons:
a) Permit Issuance Fee
i) Private Property $299 per permit
ii) Private Property with Staging in Public Right of Way $471 per permit iii) Public Property $556 per permit
b) Location Use Fee
i) Private Property $0 per day
ii) Private Property with Staging in Public Right of Way $309 per day [a] iii) Public Property $619 per day [a];[b]
Other Fees, If Applicable
3 Pre-Application Meeting (upon request) $342 per meeting 4 City Film Monitor (as needed) $171 per hour
5 Violations:
a) Filming/Photography without a Permit 2 times applicable fees b) Violation of Permit $513 per violation, per day
[a] Proposed fee is a market-based rate for exclusive private use of public space/facilities. [b] Does not include any applicable facility rental fees that may apply.

City of La Quinta
Master Fee Schedule
Schedule of Film/Photography Permit Fees
Note: The City Manager may waive fees for bona fide student film/photography projects and projects with 501(c)(3) Federal Income Tax Status; however, the permitting process for filming/photography is still required for these projects. 434 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes 1 Bingo Permit
a) Initial $50 per permit
b) Renewal $50 per permit
City of La Quinta
Master Fee Schedule
Schedule of Bingo Permit Fees
435 CLICK HERE to Return to Agenda
Fee Description Fee * Unit Notes
1 Black and White Copy - up to 8.5 x 14 $0.15 per single-sided page 2 Black and White Copy - 11 x 17 $0.20 per single-sided page 3 Color Copy - up to 8.5 x 14 $0.25 per single-sided page 4 Color Copy - 11 x 17 $0.50 per single-sided page
5 Oversized Sheets (Plans/Maps) $3.00 per sheet [a]
6 CD/DVD/Flash Drive $5.00 per unit
7 Agency Credit Card / E-Check Service Fee
a) Credit Card pass-through % of fees paid [b]
b) E-Check pass-through per transaction [c]
c) Returned Payment pass-through per transaction [d]
8 Processing Fee for Receipt of Non-Sufficient Funds
a) First from Payee $25.00 per occurrence [e]
b) Each Subsequent from Payee $35.00 per occurrence [e] [a] If more than two sheets are requested, the City will typically process the request using an outside vendor service. [e] Set by State (Civil Code Section 1719).
[d] Pass-through for returned payments due to invalid payment information processed using GovOS Pay is currently $25. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts. [c] Pass-through for payments processed using Tyler EnerGov is currently $1.95. Pass-through for payments processed using GovOS Pay is currently $1.00. Pass-through for payments processed using RecTrak is currently $1.00. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts.

City of La Quinta
Master Fee Schedule
Schedule of Administrative Fees
* In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service. * In addition to the fees identified in this schedule, if a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, costs will include the cost of producing the copy, including construction, programming and computer services.
[b] Pass-through for payments processed using Tyler EnerGov is currently 3.75% with a $2.50 minimum. Pass-through for payments processed using GovOS Pay is currently 3% with a $0.50 minimum. Pass-through for payments processed using RecTrak is currently 2.95%. Pass-through for payments processed using ERP Pro 10 (Tyler Incode) is currently 3%. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts.
436 CLICK HERE to Return to Agenda
Fee Description Fee Unit Notes
1 Appeal to Hearing Officer of Administrative Citation $25 per appeal [a] 2 Appeal of an Administrative Decision to City Manager $250 per appeal [a] 3 Appeal to Construction Board of Appeals $1,500 per appeal [a] 4 Appeal to Planning Commission $1,500 per appeal [a]
5 Appeal to City Council $1,500 per appeal [a]
City of La Quinta
Master Fee Schedule
Schedule of Appeal Fees
[a] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission or City Council. 437 CLICK HERE to Return to Agenda
Fee Description
Class I
(per season) Class II Class III Class IV

SPORTS FACILITIES
1 Sports Complex Baseball Diamonds/ Football Field or La Quinta Park Baseball Diamonds (with or without field lights)
$10 per resident/
$15 per nonresident
$25/hour
(per field)

N/A N/A
2 La Quinta Park or Colonel Mitchell Paige Soccer Fields (with or without field lights)
$10 per resident/
$15 per nonresident
$25/hour
(per field)

N/A N/A
3 Sports Complex, La Quinta Park, and Colonel Mitchell Paige Sports Fields (per field)
N/A N/A $25/hour
($40/hour with
lights)
$35/hour
($55/hour with
lights)
4 Sports Complex or La Quinta Park Snack Bar Use $200.00 N/A N/A N/A 5 La Quinta Boys & Girls Club Gymnasium N/A $25/hour $35/hour $45/hour 6 Tennis Courts/Pickleball Courts (per court) N/A $5/hour $5/hour $10/hour 7 SRR Golf Course Resident Card (for 3 year period) $150 PARKS
8 Civic Center Campus, Gazebo, Amphitheater (Up to 50 people max; TUP may be required)
N/A $75/hour $125/hour $175/hour
9 Civic Center Campus (Non-profit event with 100+ people; TUP required)
N/A $150/hour N/A N/A
10 Cove Oasis Trailhead (Up to 50 people max; TUP may be required) N/A $75/hour $125/hour $175/hour 11 Fritz Burns or La Quinta Park Party (Up to 50 people max; TUP may be required)
N/A $50 (4 hours) $65 (4 hours) $90 (4 hours)
12 Fritz Burns or La Quinta Park (Non-profit event with 100+ people; TUP required)
N/A $100.00 N/A N/A

BUILDINGS
13 Wellness Center Multi-Purpose Room (max capacity is 200) $55/hour $75/hour $125/hour $175/hour 14 Museum Meeting Room (Meetings only; max capacity is 65) N/A $50/hour $50/hour $50/hour 15 Museum Meeting Room & Courtyard (max capacity is 150) N/A $75/hour $125/hour $175/hour 16 Wellness Center and Museum Kitchen $10/hour $20/hour $25/hour $30/hour City of La Quinta
Master Fee Schedule
Schedule of Facility Use Fees
438 CLICK HERE to Return to Agenda
Fee Description
Class I
(per season) Class II Class III Class IV
City of La Quinta
Master Fee Schedule
Schedule of Facility Use Fees
17 Wellness Center Multi-Purpose Room
Museum Meeting Room & Courtyard
$500.00
18 La Quinta Park & Sports Complex snack bars $350.00
19 Civic Center Campus (Non-profit events with 100 people or more) $200.00 20 Museum Meeting Room
Fritz Burns Tennis Courts (per court)
Fritz Burns or La Quinta Park (Non-profit events w/ 100+ people) $100.00
21 Fritz Burns or La Quinta Park Party $50.00

CLASSIFICATIONS
Class I: 501(c) 3 recreation organizations serving LQ youth (18 and under) Class II: LQ non-profit organizations, community-based organizations, competitive youth sports leagues, (DSUSD - Sports Complex Use Only) Class III: LQ residents (DSUSD - for all other facilities other than the Sports Complex) Class IV: LQ business and profit organizations; non-city residents, organizations, and businesses Cove Oasis Trailhead
Civic Center Campus, Gazebo, Amphitheater (50
people or less)
SECURITY DEPOSITS (Refundable upon post conditions after use) Sports Fields
Boys & Girls Club Gym
439 CLICK HERE to Return to Agenda
Fee Description Notes

SILVERROCK EVENT SITE
(4-Hour Minimum Rental)
1 Permit Processing Fee (per application)
2 Facility Rental Fee (per hour)
3 Security Deposit
a) One Day Event
b) Event Lasting Two or More Days
Fee Description Class II Class III Class IV
Security
Deposit Notes
1 SilverRock - Up to 50 people max; TUP may be
required
$75/hour $125/hour $175/hour $100
2 SilverRock - Non-profit events with 100+ people;
TUP required
$150/hour N/A N/A $200
3 SilverRock Meeting Room $50/hour $50/hour $50/hour $100

CLASSIFICATION
Non-Profit: 501(c)3 tax organization.

Class II: LQ non-profit organizations, community-based organizations Class III: LQ residents (DSUSD - for all other facilities other than the Sports Complex) Class IV: LQ business and profit organizations; non-city residents, organizations, and businesses City of La Quinta
Master Fee Schedule
Schedule of SilverRock Event Site Facility Rental Fees
Entire Park Area Rental
Non-Profit All Others
$132 $132
$280 $280
$500 $500
$1,000 $1,000
Partial Park Area Rental
440 CLICK HERE to Return to Agenda
Fee Description Fee Notes
Parking Lot / Open Space Use Fees [a],[b]
1 Daily Use Rate Per Space
a) Per Hour Rate $2.00 [c]
b) Maximum Per Day $16
2 Daily Use Rate Per Area
a) Per Quarter Acre
i) Hourly Rate $63 [c]
ii) Maximum Per Day $504
b) Per Acre
i) Hourly Rate $250 [c]
ii) Maximum Per Day $2,000
[c] Four-hour minimum.

City of La Quinta
Master Fee Schedule
Use of Public Property - Parking Lots and Open Space
[a] Public property use rental is facilitated by obtaining the relevant use permit approval from the Community Services, Design and Development, and Public Safety Departments.
[b] As part of permit review and review of potential impacts on the community and facilities, staff will determine if there is a need for a security deposit. Security deposit amount will be determined based on use requirements and will be refundable assuming conditions of rental/use are met. 441 CLICK HERE to Return to Agenda
Schedule Showing Current Fees, Proposed Fees, and Proposed Fee Change Percentage ATTACHMENT 2
442 CLICK HERE to Return to Agenda
Table of Contents
Contents Page
1 Building Fees - Mechanical, Plumbing, and Electrical 1 2 Building Fees - Miscellaneous Items 5
3 Building Fees - New Construction 10
4 Building Fees - Other Fees 12
5 Planning Fees 14
6 Public Works Fees 19
7 Fire Fees 27
8 NPDES Ongoing Inspection Fees 31
9 Short-Term Vacation Rental Permit Fees 32
10 Medical Cannabis Delivery Application Fees 33
11 False Alarm Response Fees 34
12 Vehicle Impound Cost Recovery Fees 35
13 Code Compliance Cost Recovery Fees 36
14 Film/Photography Permit Fees 37
15 Bingo Permit Fees 38
16 Administrative Fees 39
17 Appeal Fees 40
18 Facility Use Fees 41
19 SilverRock Event Site Facility Rental Fees 43
20 Parking Lot and Open Space Rental Fees 44
443 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes Permit Issuance
1 Permit Issuance (Mechanical, Plumbing, Electrical) $126.03 $126.03 $129.93 $129.93 3.09% Mechanical
2 Installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance
$56.38 $33.17 $89.55 $58.13 $34.19 $92.32 3.09%
3 Installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater
$33.17 $16.58 $49.75 $34.19 $17.10 $51.29 3.09%
4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC
$33.17 $6.63 $39.80 $34.19 $6.84 $41.03 3.09%
5 Installation or relocation of each boiler, condenser, compressor, or each absorption system
$49.75 $39.80 $89.55 $51.29 $41.03 $92.32 3.09%
6 Air-handling unit, including attached ducts $53.07 $16.58 $69.65 $54.71 $17.10 $71.80 3.09% 7 Evaporative cooler, other than portable-type $16.58 $16.58 $33.17 $17.10 $17.10 $34.19 3.09% 8 Ventilation fan connected to a single-duct $16.58 $6.63 $23.22 $17.10 $6.84 $23.93 3.09% 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood
$16.58 $6.63 $23.22 $17.10 $6.84 $23.93 3.09%
10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed
$59.70 $49.75 $109.45 $61.54 $51.29 $112.83 3.09%
Mechanical Change-Out
11 Condenser Only $59.70 $33.17 $92.87 $61.54 $34.19 $95.74 3.09% 12 Furnace Only $53.07 $43.12 $96.18 $54.71 $44.45 $99.16 3.09% 13 Other Equipment $56.38 $49.75 $106.13 $58.13 $51.29 $109.41 3.09% 14 Packaged Unit $53.07 $43.12 $96.18 $54.71 $44.45 $99.16 3.09% 15 Repair / Alteration $49.75 $6.63 $56.38 $15.91 $6.36 $22.27 -60.50% 16 Split-System $66.33 $99.50 $165.83 $68.38 $102.57 $170.96 3.09% City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Mechanical, Plumbing, and Electrical 444 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Mechanical, Plumbing, and Electrical Plumbing
17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection)
$19.90 $16.58 $36.48 $20.51 $17.10 $37.61 3.09%
18 Sewer Connection / Septic Abandonment $39.80 $23.22 $63.02 $41.03 $23.93 $64.96 3.09% 19 Rainwater systems, per drain (inside building)
a) First 10 $16.58 $16.58 $33.17 $17.10 $17.10 $34.19 3.09% b) Each Additional $3.32 $3.32 $6.63 $3.42 $3.42 $6.84 3.09% 20 Water heater and/or vent $23.22 $9.95 $33.17 $23.93 $10.26 $34.19 3.09% 21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps $49.75 $16.58 $66.33 $51.29 $17.10 $68.38 3.09%
22 Installation, alteration, or repair of water piping and/or water-treating equipment, drainage or vent piping, each fixture
$16.58 $19.90 $36.48 $17.10 $20.51 $37.61 3.09%
23 Backflow protective device other than atmospheric-type vacuum breakers $16.58 $6.63 $23.22 $17.10 $6.84 $23.93 3.09% 24 Gas piping system - 1 to 4 outlets $23.22 $33.17 $56.38 $23.93 $34.19 $58.13 3.09% 25 Gas piping system - 5 or more outlets $49.75 $33.17 $82.92 $51.29 $34.19 $85.48 3.09% 26 Solar (Thermal) $33.17 $33.17 $66.33 $34.19 $34.19 $68.38 3.09% Electrical
New Construction
27 Residential - First 1,000 SF (includes livable and non-livable SF) $232.17 $82.92 $315.08 $239.34 $85.48 $324.82 3.09% 28 Residential - Each Additional 1,000 SF (includes livable and non-livable SF) $19.90 $6.63 $26.53 $20.51 $6.84 $27.35 3.09% 29 Non-Residential - First 2,000 SF $182.42 $116.08 $298.50 $188.05 $119.67 $307.72 3.09% 30 Non-Residential - Each Additional 2,000 SF $56.38 $13.27 $69.65 $58.13 $13.68 $71.80 3.09% Solar (Photovoltaic)
31 Solar (PV) Less than 10kW $33.17 $49.75 $82.92 $34.19 $51.29 $85.48 3.09% [a] 32 Solar (PV) Greater than 10kW $49.75 $66.33 $116.08 $51.29 $68.38 $119.67 3.09% [a] 33 Each Additional String (<>20) $9.95 $0.83 $10.78 $10.26 $0.85 $11.11 3.09% [a] 445 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Mechanical, Plumbing, and Electrical Receptacle, Switch, and Lighting Outlets
34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20 $39.80 $23.22 $63.02 $41.03 $23.93 $64.96 3.09%
35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional $3.32 $3.32 $3.42 $3.42 3.09%
Lighting Fixtures
36 Lighting fixtures, sockets, or other lamp-holding devices - first 20 $33.17 $39.80 $72.97 $34.19 $41.03 $75.22 3.09% 37 Lighting fixtures, sockets, or other lamp-holding devices - each add'l $3.32 $3.32 $3.42 $3.42 3.09% 38 Pole or platform-mounted light replacement, repair or alteration - first 10 $33.17 $36.48 $69.65 $34.19 $37.61 $71.80 3.09% 39 Pole or platform-mounted light replacement, repair or alteration - each additional
$3.32 $0.83 $4.15 $3.42 $0.85 $4.27 3.09%
Residential Appliances
40 Fixed residential appliances or receptacle outlets for same, including wallmounted electric ovens; counter-mounted cooking tops; electric ranges; selfcontained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating, each
$16.58 $19.90 $36.48 $17.10 $20.51 $37.61 3.09%
Non-Residential Appliances
41 Residential appliances and self-contained, factory-wired, non-residential appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each $33.17 $39.80 $72.97 $34.19 $41.03 $75.22 3.09%
Power Apparatus
42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each
$33.17 $39.80 $72.97 $34.19 $41.03 $75.22 3.09%
Signs, Outline Lighting, and Marquees
43 Signs, outline lighting systems, or marquees, each $53.07 $76.28 $129.35 $54.71 $78.64 $133.35 3.09% 446 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Mechanical, Plumbing, and Electrical Services
44 Services, each $39.80 $16.58 $56.38 $41.03 $17.10 $58.13 3.09% Temporary Power Services
45 Temporary service power pole or pedestal, including all pole or pedestalmounted receptacle outlets and appurtenances, each$39.80 $23.22 $63.02 $41.03 $23.93 $64.96 3.09% Miscellaneous Apparatus, Conduits, and Conductors
46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified
$39.80 $36.48 $76.28 $41.03 $37.61 $78.64 3.09%
[a] Plan review fees will be waived if approved real time code review software is used. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application.
447 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes Addition
1 Residential Addition
a) Residential Addition - Up to 100 SF $199.00 $252.07 $451.07 $205.15 $259.86 $465.00 3.09% [a] b) Residential Addition - Each Additional 500 SF $112.77 $33.17 $145.93 $116.25 $34.19 $150.44 3.09% [a] c) Structural Review bill hourly (1 hour min.) bill hourly (1 hour min.) n/a [a] 2 Non-Residential Addition
a) Non-Residential Addition - Up to 100 SF $192.37 $281.92 $474.28 $198.31 $290.63 $488.94 3.09% [a] b) Non-Residential Addition - Each Additional 500 SF $89.55 $39.80 $129.35 $92.32 $41.03 $133.35 3.09% [a] c) Structural Review bill hourly (1 hour min.) bill hourly (1 hour min.) n/a [a] Antenna
3 Dish > 2 Ft $49.75 $182.42 $232.17 $51.29 $188.05 $239.34 3.09% 4 Cellular/Mobile Phone $199.00 $281.92 $480.92 $205.15 $290.63 $495.78 3.09% 5 Equipment Shelter $49.75 $132.67 $182.42 $51.29 $136.77 $188.05 3.09% Awning/Canopy (Supported by Building)
6 Awning/Canopy $33.17 $315.08 $348.25 $34.19 $324.82 $359.01 3.09% Balcony Addition
7 Balcony Addition $199.00 $248.75 $447.75 $205.15 $256.44 $461.59 3.09% Block Wall
8 Block Wall - First 100 LF $82.92 $99.50 $182.42 $85.48 $102.57 $188.05 3.09% 9 Block Wall - Each Add'l 50 LF $19.90 $19.90 $20.51 $20.51 3.09% 10 Retaining / Combination Wall - Each 50 LF $19.90 $19.90 $20.51 $20.51 3.09% Carport
11 Carport - First $132.67 $149.25 $281.92 $136.77 $153.86 $290.63 3.09% 12 Carport - Each Additional $99.50 $49.75 $149.25 $102.57 $51.29 $153.86 3.09% Compliance Survey/Special Inspection
13 Compliance Survey/Special Inspection $99.50 $281.92 $381.42 $102.57 $290.63 $393.20 3.09% City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
448 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
Demolition
14 Demolition $33.17 $116.08 $149.25 $34.19 $119.67 $153.86 3.09% 15 Demolition - Interior $49.75 $132.67 $182.42 $51.29 $136.77 $188.05 3.09% 16 Demolition - Exterior $49.75 $149.25 $199.00 $51.29 $153.86 $205.15 3.09% Fence (Over 7' From Finished Grade)
17 Fence - First 100 LF $72.97 $92.87 $165.83 $75.22 $95.74 $170.96 3.09% 18 Fence - Each Additional 50 LF $19.90 $19.90 $20.51 $20.51 3.09% Fireplace
19 Fireplace $199.00 $298.50 $497.50 $205.15 $307.72 $512.87 3.09% Flag (Over 20ft)/Lighting Pole
20 Flag/Lighting Pole - First $49.75 $132.67 $182.42 $51.29 $136.77 $188.05 3.09% 21 Flag/Lighting Pole - Each Additional $19.90 $6.63 $26.53 $20.51 $6.84 $27.35 3.09% Grading
22 Residential Precise Grading (Tract Homes) - Per Home $182.42 $182.42 $188.05 $188.05 3.09% [b] 23 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF $49.75 $49.75 $99.50 $51.29 $51.29 $102.57 3.09% 24 Residential Precise Grading (Custom Home) - Lot > 7,000 SF $49.75 $248.75 $298.50 $51.29 $256.44 $307.72 3.09% Manufactured and Factory Built Housing Fees
25 Manufactured Home (MH) $160.70 $263.27 $423.97 [c]
26 Commercial Modular (CM) + (SPCM) $211.99 $263.27 $475.26 [c] 27 Factory Built Housing (FBH) $317.98 $263.27 $581.26 [c] Partition
28 Partition $99.50 $182.42 $281.92 $102.57 $188.05 $290.63 3.09% Patio Cover / Covered Porch / Lattice
29 Standard, Open, Pre-Engineered (First) $132.67 $132.67 $265.33 $136.77 $136.77 $273.53 3.09% 30 Standard, Enclosed, Pre-Engineered (First) $165.83 $182.42 $348.25 $170.96 $188.05 $359.01 3.09% 31 Special Design (First) $182.42 $232.17 $414.58 $188.05 $239.34 $427.39 3.09% 32 Each Additional $66.33 $49.75 $116.08 $68.38 $51.29 $119.67 3.09% 449 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
Pool / Spa
33 Swimming Pool / Spa $265.33 $132.67 $398.00 $273.53 $136.77 $410.30 3.09% 34 Detached Spa / Water Feature $265.33 $265.33 $273.53 $273.53 3.09% 35 Gunite Alteration $265.33 $132.67 $398.00 $273.53 $136.77 $410.30 3.09% 36 Equipment Change-out Alone $33.17 $126.03 $159.20 $34.19 $129.93 $164.12 3.09% Remodel
37 Non-Structural Review - Up to 100 SF $79.60 $199.00 $278.60 $82.06 $205.15 $287.21 3.09% [a] 38 Non-Structural Review - Each Additional 500 SF $49.75 $26.53 $76.28 $51.29 $27.35 $78.64 3.09% [a] 39 Structural Review bill hourly (1 hour min.) bill hourly (1 hour min.) n/a [a] Replacement of Plans/Job Card
40 Replacement of Job Copy of Approved Plans $281.92 $281.92 $290.63 $290.63 3.09% 41 Replacement of Inspection Record Card $49.75 $49.75 $51.29 $51.29 3.09% Re-Roof
42 Re-Roof - Up to 2,000 SF $66.33 $135.98 $202.32 $68.38 $140.19 $208.57 3.09% 43 Re-Roof - Each Additional 1,000 SF $16.58 $16.58 $17.10 $17.10 3.09% Sign
44 Monument Sign - First $99.50 $182.42 $281.92 $102.57 $188.05 $290.63 3.09% 45 Monument Sign - Each Additional $33.17 $33.17 $34.19 $34.19 3.09% 46 Wall/Awning Sign - First $33.17 $119.40 $152.57 $34.19 $123.09 $157.28 3.09% 47 Wall/Awning Sign - Each Additional $33.17 $33.17 $66.33 $34.19 $34.19 $68.38 3.09% Storage Racks
48 Storage Racks - First 100 LF $33.17 $132.67 $165.83 $34.19 $136.77 $170.96 3.09% 49 Storage Racks - Each Additional 100 LF $16.58 $16.58 $17.10 $17.10 3.09% Stucco Application
50 Stucco Application - First 500 SF $33.17 $102.82 $135.98 $34.19 $105.99 $140.19 3.09% 51 Stucco Application - Each Additional 500 SF $9.95 $9.95 $10.26 $10.26 3.09% 450 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
Temporary Trailer
52 Temporary Trailer $199.00 $199.00 $398.00 $205.15 $205.15 $410.30 3.09% Utility Release
53 Electrical Utility Release $102.82 $102.82 $105.99 $105.99 3.09% Window / Sliding Glass Door / Other Fenestration
54 Retrofit/Repair - Up to 7 $82.92 $82.92 $165.83 $85.48 $85.48 $170.96 3.09% 55 Retrofit/Repair - Each Additional 5 $16.58 $16.58 $17.10 $17.10 3.09% 56 New/Alteration - First $132.67 $152.57 $285.23 $136.77 $157.28 $294.05 3.09% 57 New/Alteration - Each Additional $13.27 $16.58 $29.85 $13.68 $17.10 $30.77 3.09% Administrative
58 Plan Check Initial Deposit - For Various Non-OTC Items a) Miscellaneous Items $199.00 $199.00 $205.15 $205.15 3.09% [c][d] b) New Construction varies varies n/a [c],[d][d],[e]
59 Plan Check / Permit Extension Processing $133.33 $133.33 $137.45 $137.45 3.09% 60 Plan Check / Revisions (per hour) bill hourly (15 min. minimum) bill hourly (15 min. minimum) n/a 61 Change of Contractor, Architect, Owner Processing $133.33 $133.33 $137.45 $137.45 3.09% 62 Request/Research for Alternative Methods/Product Review bill hourly (1 hour min.) bill hourly (1 hour min.) n/a 63 Temporary Certificate of Occupancy $597.00 $597.00 $615.45 $615.45 3.09% [e][f] 64 Disabled Access Compliance Inspection $199.00 $199.00 $205.15 $205.15 3.09% 65 Partial Inspection Fee $99.50 $0.00 $99.50 $102.57 $102.57 3.09% [f][g] 66 Re-inspection Fee $99.50 $99.50 $102.57 $102.57 3.09% [f][g] 67 Excess Plan Check Fee bill hourly (30 min. minimum) bill hourly (30 min. minimum) n/a [g][h] 68 Investigation Fee for Work Commenced Without a Permit equal to permit fee equal to permit fee n/a 69 Investigation Fee for Work Covered Prior to Inspection bill hourly (30 min. minimum) bill hourly (30 min. minimum) n/a 70 Request for Phased Approval Permit Issuance – Plan Check $398.00 $398.00 $410.30 $410.30 3.09% [h][i] 71 Refunds
a) Fees Erroneously Paid or Collected by the City n/a [i][j] b) All Others
i) Fees Prior to Work Being Commenced n/a [j][k],[l]
ii) 180 Days After Payment of Fees n/a [k][m]
100% refund 100% refund
up to 80% refund up to 80% refund
no refund no refund
451 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Permit Plan Check Total Permit Plan Check Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Miscellaneous Items
[d][e] Initial deposit varies depending on project details. [e][f] Per issuance, each extension will be assessed fee at each occurrence. [h][i] At the discretion of the building official, only applicable after a submittal has been reviewed for code compliance and subject to partial inspection fees. [l] No refunds shall be issued in the event total fees requested for refund total less than $100. [i][j] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [j][k] No fees are refundable once the work covered by them is commenced. [k][m] Whether work has commenced or not, no fees are refundable more than 180 days after their payment. [b] Plan review fees for Residential Precise Grading (Tract Homes) are identified as part of the Public Works fee schedule and based on the number of sheets submitted for plan review. See Public Works fee schedule.
[c] Multifamily Manufactured Housing (MFMH) will be based on Manufactured and Factory Built Housing Fee Schedule. For multiple structures, see "Plan Check for Multiple Structures - Each Additional" under the New Construction category. Mechanical / Electrical / Plumbing fees not included. [f][g] The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See reinspection fee and partial inspection fee for applicable fees. [g][h] The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services. [c][d] Non-Refundable Initial Deposit. For projects that request permit issuance the initial deposit amount will be credited against total fees. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including the cost of structural engineering review services. [a] Fee is intended to capture structural and non-structural reviews. Mechanical, Electrical, and Plumbing review and inspection fees are collected separately. 452 CLICK HERE to Return to Agenda
Fee Description Current Fee - Permit * Proposed Fee - Permit * Change New Construction
1 $1 - $10,000 $199.00 for the first
$5,000, plus
$63.68 for each additional $1,000 or
fraction thereof, to and including
$10,000
$205.15 for the first
$5,000, plus
$65.65 for each additional $1,000 or
fraction thereof, to and including
$10,000

3.09%
2 $10,001 - $25,000 $517.40 for the first
$10,000, plus
$15.04 for each additional $1,000 or
fraction thereof, to and including
$25,000
$533.39 for the first
$10,000, plus
$15.50 for each additional $1,000 or
fraction thereof, to and including
$25,000

3.09%
3 $25,001 - $200,000 $742.93 for the first
$25,000, plus
$9.97 for each additional $1,000 or
fraction thereof, to and including
$200,000
$765.89 for the first
$25,000, plus
$10.28 for each additional $1,000 or
fraction thereof, to and including
$200,000

3.09%
4 $200,000 and Up $2,487.50 for the first
$200,000, plus
$4.98 for each additional $1,000 or
fraction thereof
$2,564.36 for the first
$200,000, plus
$5.14 for each additional $1,000 or
fraction thereof

3.09%
Fee Description Current Fee - Plan Check * Proposed Fee - Plan Check * Change (Project Valuation)
5 $1 - $10,000 $199.00 for the first
$5,000, plus
$106.13 for each additional $1,000 or
fraction thereof, to and including
$10,000
$205.15 for the first
$5,000, plus
$109.41 for each additional $1,000 or
fraction thereof, to and including
$10,000

3.09%
6 $10,001 - $25,000 $729.67 for the first
$10,000, plus
$24.32 for each additional $1,000 or
fraction thereof, to and including
$25,000
$752.21 for the first
$10,000, plus
$25.07 for each additional $1,000 or
fraction thereof, to and including
$25,000

3.09%
7 $25,001 - $200,000 $1,094.50 for the first
$25,000, plus
$4.21 for each additional $1,000 or
fraction thereof, to and including
$200,000
$1,128.32 for the first
$25,000, plus
$4.34 for each additional $1,000 or
fraction thereof, to and including
$200,000

3.09%
8 $200,000 and Up $1,830.80 for the first
$200,000, plus
$3.37 for each additional $1,000 or
fraction thereof
$1,887.37 for the first
$200,000, plus
$3.47 for each additional $1,000 or
fraction thereof

3.09%
Fee Description
Current Fee - Plan Check for
Multiple Structures - Each Additional **
Proposed Fee - Plan Check for
Multiple Structures - Each Additional ** Change
(Project Valuation)
9 All Valuations $66.33 $68.38 3.09%
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - New Construction
453 CLICK HERE to Return to Agenda
City of La Quinta
Master Fee Schedule
Schedule of Building Fees - New Construction
Fee Description Current Fee Proposed Fee Change
10 Building Department Staff $199 per hour $205 per hour 3.09% 11 City Attorney / Other Legal
Review
100% of actual costs 100% of actual costs n/a
12 Outside Service Providers 100% of actual costs 100% of actual costs n/a * The new construction fees identified in this fee schedule include the cost of structural engineering review services currently conducted by outside service providers. Additional fees will be collected for the provision of all plan review services beyond second review. * The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See re-inspection fee and partial inspection fee for applicable fees.
* The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services. ** Fee applies when multiple identical units are submitted for review and permitted at the same time. For tract construction, "at the same time" refers to construction sequence sheets that are submitted and processed together. Each phase submitted separately will be charged the full plan check fee for each model type in that phase, with the multiple identical structure fee applied to any additional identical structures in that phase.

For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity.
454 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Notes
Strong Motion Instrumentation (SMI) Fee Calculation
1 Residential $0.50 or valuation x .00013 $0.50 or valuation x .00013 n/a 2 Commercial $0.50 or valuation x .00028 $0.50 or valuation x .00028 n/a Art In Public Places (AIPP) Fee Calculation [a]
3 Residential $20.00 or 1/4 of 1% of value exceeding $200,000 $20.00 or 1/4 of 1% of value exceeding $200,000 n/a 4 Commercial $20.00 or 1/2 of 1% of value $20.00 or 1/2 of 1% of value n/a Building Standards Administration Special Revolving Fund (SB 1473) Fee Calculation
[b]
5 Valuation:
a) $1 - $25,000 $1 $1 n/a
b) $25,001 - $50,000 $2 $2 n/a
c) $50,001 - $75,000 $3 $3 n/a
d) $75,001 - $100,000 $4 $4 n/a
e) Every $25,000 or fraction thereof above $100,000 Add $1 Add $1 n/a Technology Enhancement Fee
6 Technology Enhancement Fee (percent of permit fee) 5% 5% n/a [a] Source: La Quinta Municipal Code 2.65.060.
[b] Source: California Health and Safety Code Section 18931.6 City of La Quinta
Master Fee Schedule
Schedule of Building Fees - Other Fees
455 CLICK HERE to Return to Agenda
Building Valuation Data
Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg 1 APARTMENT HOUSES: 7 DWELLINGS: 13 JAILS: Type III-B $26.70 Type I-A or I-B * $72.50 Type V - Masonry $60.80 Type I-A or I-B $130.00 Type V-A $27.10 (Good) $89.00 (Good) $78.00 Type III-A $116.90 20 RESTAURANTS:

Note: Building valuation data transcribed from Building Standards, July-August 1994 and adapted to 2007 CBC Types of Construction. Revised 3/5/2009. 456 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes Temporary Use / Special Event Permit
1 Temporary Use Permit - Minor (Standard) $597 $615 3.09% 2 Temporary Use Permit - Minor
(Requests Requiring Additional Effort)
bill per hour, with $597 base fee bill per hour, with base fee 3 Temporary Use Permit - Major (Standard) $2,587
4 Temporary Use Permit - Major
(Requests Requiring Additional Effort)
bill per hour, with $2,587 base fee bill per hour, with base fee 2 Special Event Permit $615
Minor Use
3 Minor Use Permit bill per hour, with $597 base fee bill per hour, with $615 base fee 3.09% 4 Minor Use Permit - Amendment bill per hour, with $597 base fee bill per hour, with $615 base fee 3.09% Conditional Use
5 Conditional Use Permit $7,960 bill per hour, with $8,206 3.09% [a] 6 Conditional Use Permit - Planned Unit Development $7,960 bill per hour, with $8,206 3.09% [a] 7 Conditional Use Permit - Amendment bill per hour, with $3,881 base fee bill per hour, with $4,000 base fee 3.09% [a] 8 Conditional Use Permit - Time Extension $2,090 $2,154 3.09% [a] Expedited Review Fee
9 Expedited Review Fee 1.5x
standard
fee

1.5x
standard
fee
n/a [a][b]
City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
457 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
Site Development
10 Development Agreement bill per hour, with $2,388 base fee a) Staff Review $4,103 71.82% [b][c]
b) City Attorney Deposit $15,000 [b][c]
11 Development Agreement - Amendment
a) Staff Review $2,051 [b][c]
b) City Attorney Deposit $7,500 [b][c]
12 Site Development Permit - Planning Commission $11,343 bill per hour, with $11,693 3.09% [a] 13 Site Development Permit - Administrative $9,453 bill per hour, with $9,745 3.09% [a] 14 Site Development Permit - Amendment $5,771 bill per hour, with $5,949 3.09% [a] 15 Site Development Permit - Time Extension $2,090 $2,154 3.09% [a] 16 Modification by Applicant bill per hour, with $597 base fee bill per hour, with $615 base fee 3.09% 17 Minor Adjustment bill per hour, with $597 base fee bill per hour, with $615 base fee 3.09% 18 Underground Waiver bill per hour, with $2,985 base fee bill per hour, with $3,077 base fee 3.09% 19 Variance bill per hour, with $2,985 base fee bill per hour, with $3,077 base fee 3.09% Landscape Plan
20 Final Landscape Plan $2,388 $2,462 3.09%
Housing
21 Senate Bill (SB) 330 Application Review $1,592 $1,641 3.09% Conceptual Design Review
22 Conceptual Design Review $2,985 $3,077 3.09% [c][d]
Signs
23 A-Frame Sign Permit - Temporary Commercial Banner $50 n/a 24 Sign Permit $453 $467 3.09%
25 Sign Permit - Political Campaign Signs $467 n/a
a) Code Compliance Deposit $200 n/a [e]
26 Sign Program bill per hour, with $3,582 base fee bill per hour, with $3,693 base fee 3.09% 27 Sign Program Amendment $1,194 $1,231 3.09%
458 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
Residential Flagpole
28 Residential Flagpole $65 $65
Zoning
29 Zone Change $11,642 $12,001 3.09%
30 Director's Determination $776 $800 3.09%
31 Zoning Letter - Basic Property Information $517 $533 3.09% 32 Zoning Letter - Basic Property Information with Additional Research Required
$1,692 $1,744 3.09%
33 Zoning Text Amendment $11,741 $12,104 3.09%
Street Name Change
34 Street Name Change $2,289 $2,359 3.09%
Historical Structures
35 Landmark Designation / Certificate of Appropriateness / Dedesignation
$1,682 $1,734 3.09%
36 Mills Act Agreement $1,194 $1,231 3.09%
Environmental Review
37 Recordation of Exemption $199 $205 3.09%
38 Initial Study (ND/MND) bill per hour, with $3,980 base fee bill per hour, with $4,103 base fee 3.09% 39 Environmental Impact Report $10,945 $11,283 3.09%
General/Specific Plan
40 Specific Plan $13,234 $13,642 3.09%
41 Specific Plan - Amendment $5,970 $6,154 3.09%
42 General Plan Amendment $12,935 $13,335 3.09%
459 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
Map
43 Tentative Parcel Map $6,269 $6,462 3.09% [a]
44 Tentative Parcel Map - Waiver $1,692 $1,744 3.09% [a] 45 Tentative Parcel Map - Amendment bill per hour, with $3,781 base fee bill per hour, with $3,898 base fee 3.09% [a] 46 Tentative Parcel Map - Revision bill per hour, with $3,781 base fee bill per hour, with $3,898 base fee 3.09% [a] 47 Tentative Parcel Map - Time Extension $1,194 $1,231 3.09% [a] 48 Tentative Tract Map $10,348 $10,668 3.09% [a]
49 Tentative Tract Map - Amendment bill per hour, with $4,975 base fee bill per hour, with $5,129 base fee 3.09% [a] 50 Tentative Tract Map - Revision bill per hour, with $4,975 base fee bill per hour, with $5,129 base fee 3.09% [a] 51 Tentative Tract Map - Time Extension (CC or PC) $2,289 $2,359 3.09% [a] 52 Tentative Tract Map - Time Extension (Admin) $1,294 $1,333 3.09% [a] 53 Tentative Condominium Map $10,348 $10,668 3.09% [a]
54 Amended Final Parcel Map (Entitlement Support) bill per hour, with $4,975 base fee bill per hour, with $5,129 base fee 3.09% 55 Amended Final Tract Map (Entitlement Support) $7,960 $8,206 3.09% 56 Certificate of Compliance $1,333 n/a
Large Lot - Qualified and Certified
57 Large Lot - Qualified and Certified $1,500 $1,500 0.00% Zoning Clearance - Planning Plan Check
58 Zoning Clearance - Planning Plan Check
a) Alterations/Additions - Residential $100 $103 3.09%
b) New Construction - Single Family Residential $299 $308 3.09% c) New Construction - 2-4 Residential Units $299 $308 3.09% d) New Construction - 5+ Residential Units $597 $615 3.09% e) New Construction - Non-Residential $398 $410 3.09%
f) Alterations/Additions - Non-Residential $199 $205 3.09% 59 Planning Fence Review $398 $154 -61.34%
60 Accessory Dwelling Unit or Guesthouse $398 $410 3.09% 460 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Planning Fees
Planning Final Inspection
61 Planning Final Inspection $100 $103 3.09%
62 Technology Enhancement Fee
63 Technology Enhancement Fee (percent of permit fee) 5% 5% n/a Fee Description Current Fee * Proposed Fee * Change Notes 64 Planning Department Staff $199 per hour $205 per hour 3.09% 65 City Attorney or Other Legal Review pass-through of 100% of actual costs pass-through of 100% of actual costs n/a [c] 66 Outside Service Providers pass-through of 100% of actual costs pass-through of 100% of actual costs n/a [a] Abandoned applications pursuant to LQMC Section 9.200.070 may be re-activated upon payment of an Application Reactivation Fee of 50% of the current application fee.

Note: If multiple applications are received concurrently from the same applicant for projects that require similar application review and are generally similar except for location, one project location shall pay 100% of application review fee(s), the fee(s) for each project application at other locations shall be 50% of the original fee(s). * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers and specialized legal review required to process the specific application.

For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity.
[e] In addition to the fee shown for Sign Permit - Political Campaign Signs, the City shall collect a $200 deposit to ensure compliance with the conditions of the permit, including the proper placement and removal of all signs. If the conditions of the permit are complied with, the deposit is refundable. [a][b] Request for expedited service is subject to Design & Development Department Director approval. It is dependent on staff availability and workload. [b][c] In addition to the fee shown for Development Agreement, the City shall collect a $15,000 an initial deposit to offset City Attorney costs and may require an additional deposit(s) to capture 100% of passthrough costs. [c][d] 50% of fee may be credited toward entitlement application submittal. [d][f] Note applicable to all fees: All fees have been calculated based upon average number of staff hours. Should a project take significantly more staff time to complete, staff hours above original assumptions may be charged at current hourly rates.
461 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes Land Subdivision
1 Parcel Map:
a) Final Parcel Map
i) Initial Sheet $3,085 per sheet $3,180 per sheet 3.09% ii) Each Additional Sheet $896 per sheet $923 per sheet 3.09% b) Final Parcel Map - Amendment
i) Initial Sheet $3,085 per sheet $3,180 per sheet 3.09% ii) Each Additional Sheet $896 per sheet $923 per sheet 3.09% c) Substantial Conformance Review
i) Initial Sheet $3,632 per sheet $3,744 per sheet 3.09% ii) Each Additional Sheet $1,592 per sheet $1,641 per sheet 3.09% 2 Tract Map:
a) Final Tract Map
i) Initial Sheet $3,284 per sheet $3,385 per sheet 3.09% ii) Each Additional Sheet $995 per sheet $1,026 per sheet 3.09% b) Final Tract Map - Amendment
i) Initial Sheet $3,284 per sheet $3,385 per sheet 3.09% ii) Each Additional Sheet $995 per sheet $1,026 per sheet 3.09% c) Substantial Conformance Review
i) Initial Sheet $3,632 per sheet $3,744 per sheet 3.09% ii) Each Additional Sheet $1,592 per sheet $1,641 per sheet 3.09% 3 Reversion to Acreage:
a) Initial Sheet $3,383 per sheet $3,488 per sheet 3.09% b) Each Additional Sheet $896 per sheet $923 per sheet 3.09% 4 Lot Line Adjustment/Parcel Merger
a) Lot Line Adjustment $2,388 per request $2,462 per request 3.09% b) Parcel Merger $2,388 per request $2,462 per request 3.09% 5 Street Dedication/Vacation
a) Land Action Documents
(ROW/Easements/Grant Deeds)
$2,438 per request $2,513 per request 3.09%
b) Vacation of Street/Public ROW $2,985 per request $3,077 per request 3.09% City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
462 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
6 Land Survey
a) Record of Survey $647 per request $667 per request 3.09% b) Certificate of Correction $846 per request $872 per request 3.09% Grading / Project Improvements
7 Plan Review (First 3 Reviews):
a) Rough Grading
i) Initial Sheet $1,841 per sheet $1,898 per sheet 3.09% ii) Each Additional Sheet $995 per sheet $1,026 per sheet 3.09% iii) Revisions - Initial Sheet $1,419 per sheet $1,463 per sheet 3.09% iv) Revisions - Each Additional Sheet $995 per sheet $1,026 per sheet 3.09% b) Precise Grading - Commercial
i) Initial Sheet $2,239 per sheet $2,308 per sheet 3.09% ii) Each Additional Sheet $1,393 per sheet $1,436 per sheet 3.09% iii) Revisions - Initial Sheet $1,817 per sheet $1,873 per sheet 3.09% iv) Revisions - Each Additional Sheet $1,393 per sheet $1,436 per sheet 3.09% c) Precise Grading - Tract Homes
i) Initial Sheet $1,294 per sheet $1,333 per sheet 3.09% ii) Each Additional Sheet $249 per sheet $256 per sheet 3.09% iii) Revisions - Initial Sheet $772 per sheet $796 per sheet 3.09% iv) Revisions - Each Additional Sheet $249 per sheet $256 per sheet 3.09% d) Precise Grading - Custom Home [a]
e) PM10
i) Initial Sheet $620 per sheet $639 per sheet 3.09%
ii) Each Additional Sheet $0 per sheet $0 per sheet n/a iii) Revisions - Initial Sheet $478 per sheet $492 per sheet 3.09% iv) Revisions - Each Additional Sheet $0 per sheet $0 per sheet n/a f) Street Improvements
i) Initial Sheet $2,040 per sheet $2,103 per sheet 3.09% ii) Each Additional Sheet $1,194 per sheet $1,231 per sheet 3.09% iii) Revisions - Initial Sheet $1,618 per sheet $1,668 per sheet 3.09% iv) Revisions - Each Additional Sheet $1,194 per sheet $1,231 per sheet 3.09% 463 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
g) Storm Drain
i) Initial Sheet $2,040 per sheet $2,103 per sheet 3.09% ii) Each Additional Sheet $1,194 per sheet $1,231 per sheet 3.09% iii) Revisions - Initial Sheet $1,618 per sheet $1,668 per sheet 3.09% iv) Revisions - Each Additional Sheet $1,194 per sheet $1,231 per sheet 3.09% h) Signing and Striping
i) Initial Sheet $1,841 per sheet $1,898 per sheet 3.09% ii) Each Additional Sheet $995 per sheet $1,026 per sheet 3.09% iii) Revisions - Initial Sheet $1,419 per sheet $1,463 per sheet 3.09% iv) Revisions - Each Additional Sheet $995 per sheet $1,026 per sheet 3.09% i) Traffic Signal
i) Initial Sheet $1,642 per sheet $1,692 per sheet 3.09% ii) Each Additional Sheet $796 per sheet $821 per sheet 3.09% iii) Revisions - Initial Sheet $1,220 per sheet $1,258 per sheet 3.09% iv) Revisions - Each Additional Sheet $796 per sheet $821 per sheet 3.09% j) Sidewalk
i) Initial Sheet $1,443 per sheet $1,487 per sheet 3.09% ii) Each Additional Sheet $597 per sheet $615 per sheet 3.09% iii) Revisions - Initial Sheet $1,021 per sheet $1,052 per sheet 3.09% iv) Revisions - Each Additional Sheet $597 per sheet $615 per sheet 3.09% k) Traffic Control Plan $100 per sheet $103 per sheet 3.09% l) Record Drawings Review
i) Initial Sheet $1,045 per sheet $1,077 per sheet 3.09% ii) Each Additional Sheet $199 per sheet $205 per sheet 3.09% m) Hydrology Report $2,139 per report $2,205 per report 3.09% i) Revisions $995 per report $1,026 per report 3.09%
n) Traffic Study $1,642 per study $1,692 per study 3.09% o) WQMP Report
i) With Prior Entitlement $1,940 per report $2,000 per report 3.09% ii) Without Prior Entitlement $2,338 per report $2,411 per report 3.09% iii) Revisions $995 per report $1,026 per report 3.09%
464 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
p) SWPPP $2,239 per plan $2,308 per plan 3.09%
i) Revisions $796 per plan $821 per plan 3.09%
q) Sewer and Water
i) Initial Sheet $1,393 per sheet $1,436 per sheet 3.09% ii) Each Additional Sheet $597 per sheet $615 per sheet 3.09% iii) Revisions - Initial Sheet $995 per sheet $1,026 per sheet 3.09% iv) Revisions - Each Additional Sheet $597 per sheet $615 per sheet 3.09% 8 Plan Review (>3 Reviews) $199 per hour $205 per hour 3.09% 9 Expedited Plan Review Fee 1.5x standard fee 1.5x standard fee n/a [b] 465 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
10 Permit Inspection
a) Rough Grading
i) First 3 Acres $3,980 $4,103 3.09%
ii) Each Additional Acre $995 $1,026 3.09%
iii) Last One Acre $498 $513 3.09%
b) Precise Grading
i) First 3 Acres $3,980 $4,103 3.09%
ii) Each Additional Acre $995 $1,026 3.09%
iii) Last One Acre $498 $513 3.09%
c) Precise Grading - Tract Homes $183 $189 3.09% [c]
d) Precise Grading - Custom Homes $100 $103 3.09% [c]
e) PM10
i) < 10 Acres $4,776 $4,924 3.09% [d]
ii) 10 - 50 Acres $7,164 $7,385 3.09% [d]
iii) 51 - 200 Acres $9,552 $9,847 3.09% [d]
iv) > 200 Acres $14,328 $14,771 3.09% [d]
f) Street Improvements - Off-Site
i) First 1,000 LF $6,368 $6,565 3.09%
ii) Each Additional 1,000 LF $5,572 $5,744 3.09%
iii) Last 1,000 LF $3,582 $3,693 3.09%
g) Street Improvements - On-Site
i) First 1,000 LF $4,378 $4,513 3.09%
ii) Each Additional 1,000 LF $3,582 $3,693 3.09%
iii) Last 1,000 LF $2,388 $2,462 3.09%
h) Storm Drain
i) First 1,000 LF $3,781 $3,898 3.09%
ii) Each Additional 1,000 LF $2,985 $3,077 3.09%
iii) Last 1,000 LF $1,990 $2,051 3.09%
466 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
i) Signing and Striping
i) First 1,000 LF $1,990 $2,051 3.09%
ii) Each Additional 1,000 LF $1,194 $1,231 3.09%
iii) Last 1,000 LF $597 $615 3.09%
j) Traffic Signal $5,373 $5,539 3.09%
k) NPDES $2,388 $2,462 3.09%
l) Bond Reduction Request $2,687 $2,770 3.09%
m) Final Inspection/Acceptance $3,582 $3,693 3.09%
n) Traffic Control Only
i) One Day $400 $412 3.09%
ii) Two - Five Days $800 $825 3.09%
iii) Each Additional Day (Up to 10 Days) $400 $412 3.09% iv) 11+ Days $4,677 $4,821 3.09%
o) Cut/Bore $896 $923 3.09%
p) Driveway
i) Residential $201 $207 3.09%
ii) Commercial $1,294 $1,333 3.09%
q) Excavation / Trenching
i) First 100 LF $896 $923 3.09%
ii) Each Additional 100 LF $398 $410 3.09%
iii) Last 100 LF $199 $205 3.09%
r) Sidewalk
i) First 100 Lineal Feet $863 $889 3.09%
ii) Each Additional 100 Lineal Feet $609 $628 3.09%
iii) Last 100 Lineal Feet $203 $209 3.09%
s) Sewer and Water $1,592 $1,641 3.09%
t) Night Work $498 $513 3.09%
467 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
11 Research/Administrative
a) Subdiv'n Subdivision Improvement Agreem't Agreement
(SIA)
$2,388 per request $2,462 per request 3.09%
b) SIA - Time Extension $1,393 per request $1,436 per request 3.09% c) Assignment & Assumptions Agreement $2,587 per request $2,667 per request 3.09% d) Flood Plain Research/FEMA App $1,194 per request $1,231 per request 3.09% e) Bid Protest Review $812 $837 3.09%
f) City Planting of Memorial Tree $398 $410 3.09%
12 Reactivation of Permit
a) Reactivation of an Expired Permit / Permit Extension 10% of original permit fee each 10% of original permit fee each n/a 13 Technology Enhancement Fee
Technology Enhancement Fee (per permit percent of permit fee)
5% 5% n/a
14 Transportation Permits
a) Annual $90 each $90 each 0.00%
b) Single Event $16 each $16 each 0.00%
15 Refunds
a) Refunds for Plan Checks
i) If plan check has not begun 90% refund 90% refund n/a [e] ii) If 1st plan check has begun 60% refund 60% refund n/a [e] iii) If 2nd plan check has begun 30% refund 30% refund n/a [e] iv) Past 2nd plan check no refund no refund n/a [e]
b) Refunds for Permits - Permit issued and no work has
commenced
Up to 90% of original
permit fee
Up to 90% of original
permit fee
n/a [f]
468 CLICK HERE to Return to Agenda
Fee Description Current Fee * Proposed Fee * Change Notes City of La Quinta
Master Fee Schedule
Schedule of Public Works Fees
Fee Description Current Fee * Proposed Fee * Change Notes 16 Public Works Personnel $199 per hour $205 per hour 3.09% 17 City Attorney or Other Legal Review 100% pass-through of actual cost
100% pass-through of actual
cost
n/a
18 Outside Service Providers 100% pass-through of actual cost
100% pass-through of actual
cost
n/a
* In addition to the fees identified in this schedule, the City will pass-through to the applicant any discrete costs incurred from the use of outside service providers required to process the specific application.

Exception for contract traffic engineering and plan review consulting costs, which are included in the fees listed above. [e] Upon request of the applicant, the director may authorize refunding a percentage of fees paid with the following schedule. If any portion of the plan check fee has been paid out by the city to another agency or consultant for services rendered in connection with the plan check, no refund of that portion of the fee shall be made. [f] Upon request of the applicant, the director may authorize refunding of not more than 50% of fees paid when no work has been done under an issued permit. In no case shall the refund exceed the cost of services provided to date of cancellation of permit issuance.

For simple revisions and/or service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity.
[a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [b] Expedited Plan Review request is subject to City Engineer approval. It is dependent on staff availability and workload. [c] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [d] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro-rated based on the number of months permitted. 469 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Plan Check Permit Total Plan Check Permit Total Change Notes Construction-Related Fire Review and Inspection Fees
1 New Multi-Residential (Hotel, Motel, Apartments, Condominiums) $597 $398 $995 $615 $410 $1,026 3.09% 2 New Commercial / Industrial $597 $498 $1,095 $615 $513 $1,128 3.09% 3 Residential Addition / Remodel $100 $100 $199 $103 $103 $205 3.09% 4 Commercial Tenant Improvement $299 $199 $498 $308 $205 $513 3.09% 5 Commercial / Industrial Addition or Remodel $299 $299 $597 $308 $308 $615 3.09% 6 New Single Family Dwelling (Access/Water) $100 $100 $199 $103 $103 $205 3.09% [a] 7 Automatic Suppression System $398 $398 $796 $410 $410 $821 3.09% 8 Kitchen Hood Suppression System $299 $199 $498 $308 $205 $513 3.09% 9 Fire Suppression System - Existing Modifications $199 $199 $398 $205 $205 $410 3.09% 10 Fire Alarm Systems $697 $597 $1,294 $718 $615 $1,333 3.09% 11 Fire Alarm-Monitoring and Tenant Improvements $299 $199 $498 $308 $205 $513 3.09% 12 Fire Sprinkler Systems - Single Family Detached
a) 1-50 Sprinkler Heads $299 $199 $498 $308 $205 $513 3.09% [a] b) 51-100 Sprinkler Heads $299 $299 $597 $308 $308 $615 3.09% [a] c) Over 100 Sprinkler Heads $299 $398 $697 $308 $410 $718 3.09% [a] 13 Fire Sprinkler Systems - Tract Master Plan $299 $0 $299 $308 $0 $308 3.09% 14 Fire Sprinkler Systems - Tract Production Home $0 $199 $199 $0 $205 $205 3.09% 15 Fire Sprinkler Systems - Multi-Family 3 or more units $398 $299 $697 $410 $308 $718 3.09% [b] 16 Fire Sprinkler Systems - Commercial / Industrial 0 - 35,000 SF $498 $299 $796 $513 $308 $821 3.09% 17 Fire Sprinkler Systems - Commercial / Industrial 35,001 - 75,000 SF $597 $348 $945 $615 $359 $974 3.09% 18 Fire Sprinkler Systems - Commercial / Industrial 75,001 - 120,000 SF $697 $498 $1,194 $718 $513 $1,231 3.09% 19 Fire Sprinkler Systems - Commercial / Industrial > 120,000 SF $796 $697 $1,493 $821 $718 $1,539 3.09% 20 Fire Sprinkler Systems - Tenant Improvement
a) up to 10 $199 $199 $398 $205 $205 $410 3.09%
b) 10 or more $199 $398 $597 $205 $410 $615 3.09%
City of La Quinta
Master Fee Schedule
Schedule of Fire Fees
470 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Plan Check Permit Total Plan Check Permit Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Fire Fees
21 Fire Pumps $398 $398 $796 $410 $410 $821 3.09%
22 Fire Standpipe Systems $299 $398 $697 $308 $410 $718 3.09% 23 Smoke Controls Systems $697 $597 $1,294 $718 $615 $1,333 3.09% 24 Private Fire Mains $398 $398 $796 $410 $410 $821 3.09% 25 Fire Protection Water Supply - Existing System Modifications $199 $199 $398 $205 $205 $410 3.09% 26 Water Storage $398 $597 $995 $410 $615 $1,026 3.09%
27 Public Hydrant System $199 $199 $398 $205 $205 $410 3.09% 28 Energy Storage Systems $199 $199 $398 $205 $205 $410 3.09% 29 Emergency Responder Radio Coverage $299 $299 $597 $308 $308 $615 3.09% 30 AST - Fuel Storage Tank $199 $199 $398 $205 $205 $410 3.09% 31 Fuel Dispensers $199 $199 $398 $205 $205 $410 3.09%
32 Hazardous Materials - HMIS / H-OCC $299 $398 $697 $308 $410 $718 3.09% 33 High-piled Combustible Storage $299 $398 $697 $308 $410 $718 3.09% 34 Solar PV Power System (Commercial) $199 $199 $398 $205 $205 $410 3.09% 35 Special Event Structure / Tent $199 $199 $398 $205 $205 $410 3.09% 36 Gas Detection System $199 $199 $398 $205 $205 $410 3.09% 37 Plan Revision Submittals - each $199 $0 $199 $205 $0 $205 3.09% 38 Plan Resubmittals (in Excess of 3 Reviews) - each $199 $0 $199 $205 $0 $205 3.09% 39 Failed or Additional Field Inspections (Excessive) - each $0 $199 $199 $0 $205 $205 3.09% 471 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Plan Check Permit Total Plan Check Permit Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Fire Fees
State Mandated Inspections
40 R-1 Occupancies (Hotels & Motels)
a) < 25 units $0 $199 $199 $0 $205 $205 3.09%
b) 26 - 50 units $0 $299 $299 $0 $308 $308 3.09%
c) 51 - 75 units $0 $398 $398 $0 $410 $410 3.09%
d) 76 - 100 units $0 $498 $498 $0 $513 $513 3.09%
e) > 100 units $0 $597 $597 $0 $615 $615 3.09%
f) Per Additional 10 Units $0 $30 $30 $0 $31 $31 3.09%
41 R-2 (Ex. Apartment)
a) 3 - 16 units $0 $199 $199 $0 $205 $205 3.09%
b) 17 - 25 units $0 $299 $299 $0 $308 $308 3.09%
c) 26 - 50 units $0 $398 $398 $0 $410 $410 3.09%
d) 51 - 75 units $0 $498 $498 $0 $513 $513 3.09%
e) 76 - 100 units $0 $597 $597 $0 $615 $615 3.09%
f) > 100 units $0 $697 $697 $0 $718 $718 3.09%
g) Per Additional 10 Units $0 $30 $30 $0 $31 $31 3.09%
42 R-2.1/R-4 Occupancies (Residential Care Facilities)
a) Care Facility Commercial 0 - 50 Clients $0 $299 $299 $0 $308 $308 3.09% b) Care Facility Commercial 51 - 100 Clients $0 $398 $398 $0 $410 $410 3.09% c) Care Facility Commercial 101 - 150 Clients $0 $498 $498 $0 $513 $513 3.09% d) Care Facility 151 or more Clients $0 $597 $597 $0 $615 $615 3.09% 43 Other Occupancies - High Rise Building $0 $1,592 $1,592 $0 $1,641 $1,641 3.09% 44 Defensible Space Inspection Fee (per hour) $0 $199 $199 $0 $205 $205 3.09% 45 Reinspection fee: Charge for 3rd reinspection and each subsequent reinspection (per hour)
$0 $199 $199 $0 $205 $205 3.09%
Operational Permit
46 Exhibits & Tradeshows $100 $199 $299 $103 $205 $308 3.09% 47 Fire Operational Permit (per hour) bill hourly bill hourly per hour bill hourly bill hourly per hour n/a 472 CLICK HERE to Return to Agenda
Current Fee Proposed Fee
Fee Description Plan Check Permit Total Plan Check Permit Total Change Notes City of La Quinta
Master Fee Schedule
Schedule of Fire Fees
Other
48 Tract access/Hydrant inspection $0 $199 $199 $0 $205 $205 3.09% 49 Fire Access Gate Assembly $199 $199 $398 $205 $205 $410 3.09% 50 Special Event Permit $199 $299 $498 $205 $308 $513 3.09% 51 Pyrotechnic Permit (Review & Standby Charge) $199 $995 $1,194 $205 $1,026 $1,231 3.09% 52 Fire Safety Officer Standby - Events bill hourly bill hourly per hour bill hourly bill hourly per hour n/a 53 Fire Miscellaneous (per hour) bill hourly bill hourly per hour bill hourly bill hourly per hour n/a 54 Fire Permit Extensions (Admin Processing) $0 $100 $100 $0 $103 $103 3.09% 55 Expedited Plan Review 1.5x Plan Review Fee 1.5x Plan Review Fee n/a Technology Enhancement Fee
56 Technology Enhancement Fee (percent of permit fee) n/a n/a 5% n/a n/a 5% n/a Fee Description Current Fee Proposed Fee Change Notes
57 City Assigned Fire Safety Specialist $199 per hour $205 per hour 3.09% 58 Other County Fire Services n/a
59 City Attorney or other legal review 100% of actual costs 100% of actual costs n/a 60 Outside Service Providers 100% of actual costs 100% of actual costs n/a [b] Fee is per building.

See County Fees See County Fees
[a] Fee will not apply for all submittals. Before applying fees, Fire Department will review project submittal to determine if review is necessary or if review fees have been collected as part of the development planning process.
* In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review.

For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity.
473 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Unit Notes NPDES Ongoing Inspection Fee
1 Food Establishment Facilities $59 $61 3.09% per year
2 Hazardous Waste/Materials Facilities $126 $130 3.09% per year 3 Digital Follow-Up Inspections, If Required $107 $110 3.09% each Code Compliance
4 Code Compliance Follow-Up, If Required $166 $171 3.09% per hour City of La Quinta
Master Fee Schedule
Schedule of NPDES Ongoing Inspection Fees
474 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Unit Notes 1 Homeshare STVR Permit [a]
Homeshare STVR Permit - Less than 5 Bedrooms $300 $300 0.00% per year Homeshare STVR Permit - 5 Bedrooms or More $550 $550 0.00% per year 2 Primary Residence Short-Term Vacation Permit [a]
Primary Residence STVR Permit - Less than 5 Bedrooms $750 $750 0.00% per year Primary Residence STVR Permit - 5 Bedrooms or More $1,250 $1,250 0.00% per year Primary Residence STVR Permit - Multi-Unit Lock-Off $750 $750 0.00% per year [c][d] 3 General Short-Term Vacation Rental Permit [a]
General STVR Permit - Less than 5 Bedrooms $1,000 $1,000 0.00% per year General STVR Permit - 5 Bedrooms or More $1,250 $1,250 0.00% per year General STVR Permit - Multi-Unit Lock-Off $1,000 $1,000 0.00% per year [c][d] 4 General Short-Term Vacation Rental Permit (subject to annual mitigation fees) [a];[b] General STVR Permit - Less than 5 Bedrooms (subject to annual mitigation fees) $300 $300 0.00% per year General STVR Permit - 5 Bedrooms or More (subject to annual mitigation fees) $550 $550 0.00% per year General STVR Permit - Multi-Unit Lock-Off (subject to annual mitigation fees) $550 $550 0.00% per year [c][d] 5 General Short-Term Vacation Rental Permit (Village Hospitality Home) [a],[b],[c] General STVR Permit - Less than 5 Bedrooms (Village Hospitality Home) $300 n/a per year General STVR Permit - 5 Bedrooms or More (Village Hospitality Home) $550 n/a per year General STVR Permit - Multi-Unit Lock-Off (Village Hospitality Home) $550 n/a per year [d] 6 Technology Enhancement Fee (per permit percent of permit fee) 5% 5% n/a [c] Any unit defined and permitted as a "Village Hospitality Home" pursuant to Sections 9.280.030 and 9.80.020 of the La Quinta Municipal Code, respectively. [c][d] The permit fees adopted for "5 Bedrooms or More" STVR permit subtypes within each STVR permit category shall apply to all "Multi-Unit" STVR permit subtypes for residential dwellings with 5 bedrooms or more.

City of La Quinta
Master Fee Schedule
Schedule of Short-Term Vacation Rental Permit Fees
[a] If special inspection is required, amount will be billed in half-hour increments using the billing based on the hourly rate of the department providing the services. [b] A residential dwelling within a residential project subject to a mitigation fee, paid annually to the city to offset revenue losses caused by the development of the residential project, pursuant to a development agreement with the city, or pursuant to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), under which short-term vacation rentals are a permitted use.
475 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Unit Notes Medical Cannabis Delivery Services Application
1 Medical Cannabis Delivery Service Application
a) Delivery Service Application - New $697 $718 3.09% per year b) Delivery Service Application - Renewal $697 $718 3.09% per year Technology Enhancement Fee
2 Technology Enhancement Fee (percent of permit fee) 5% 5% n/a City of La Quinta
Master Fee Schedule
Schedule of Medical Cannabis Delivery Application Fees
476 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Unit Note False Alarm Response
1 Police False Alarm Response [a]
a) 1st False Alarm Response No Charge No Charge n/a each b) 2nd False Alarm Response No Charge No Charge n/a each c) 3rd False Alarm Response $100 $103 3.09% each
d) 4th False Alarm Response $175 $180 3.09% each
e) 5th and Each Additional False Alarm Response $200 $206 3.09% each 2 Fire False Alarm Response [a]
a) 1st False Alarm Response No Charge No Charge n/a each b) 2nd False Alarm Response No Charge No Charge n/a each c) 3rd False Alarm Response $100 $103 3.09% each
d) 4th False Alarm Response $400 $412 3.09% each
e) 5th and Each Additional False Alarm Response $800 $825 3.09% each [a] Based on number of false alarms in a 365 day period.

City of La Quinta
Master Fee Schedule
Schedule of False Alarm Response Fees
477 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Unit Notes 1 Vehicle Impound Cost Recovery $300 $309 3.09% each
City of La Quinta
Master Fee Schedule
Schedule of Vehicle Impound Cost Recovery Fees
478 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Unit Note 1 Code Compliance Hourly Rates
a) Code Compliance Hourly Rate $166 $171 3.09% per hour [a],[b] b) Code Compliance Hourly Rate - For Outside Agency
Reimbursement Request
$120 $124 3.09% per hour [c]
2 Pool Drain Permit
a) First and Second Inspection $27 $28 3.09%
b) Third Inspection $27 $28 3.09%
3 Special Sales Event Permit (Garage Sale) $10 $10 n/a
4 Home Occupation Permit
a) Permit $194 $214 10.45% per permit
b) Address Change $83 $86 3.09% per permit
5 Massage Establishment Inspection $342 n/a [d]
6 Code Compliance Inspection $171 n/a [d]
5 Estate Home Inspection $194
[a] Hourly rate for Code Compliance inspections required or requested for which no other fees are listed, requests for special event support, etc. [b] Hourly rate for Code Compliance staff per hour for time expended after 30 days. [c] Hourly rate for outside agency reimbursement request is a reduced rate because the City may request direct reimbursement of various fleet and technology related costs. [d] Additional inspection time will be billed in half-hour increments based on the hourly rate of the department providing the services.

City of La Quinta
Master Fee Schedule
Schedule of Code Compliance Cost Recovery Fees
479 CLICK HERE to Return to Agenda
Fee Description Current Fee Proposed Fee Change Unit Note Film/Photography Permit
1 Cast and Crew Totaling One to Three Persons:
a) Permit Issuance Fee
i) Private Property $125 $128 3.09% per permit
ii) Private Property with Staging in Public Right of Way $166 $171 3.09% per permit iii) Public Property $166 $171 3.09% per permit
b) Location Use Fee
i) Private Property $0 $0 0.00% per day
ii) Private Property with Staging in Public Right of Way $125 $129 3.09% per day [a] iii) Public Property $200 $206 3.09% per day [a];[b]
2 Cast and Crew Totaling Four or More Persons:
a) Permit Issuance Fee
i) Private Property $291 $299 3.09% per permit
ii) Private Property with Staging in Public Right of Way $457 $471 3.09% per permit iii) Public Property $540 $556 3.09% per permit
b) Location Use Fee
i) Private Property $0 $0 0.00% per day
ii) Private Property with Staging in Public Right of Way $300 $309 3.09% per day [a] iii) Public Property $600 $619 3.09% per day [a];[b]
Other Fees, If Applicable
3 Pre-Application Meeting (upon request) $332 $342 3.09% per meeting 4 City Film Monitor (as needed) $166 $171 3.09% per hour 5 Violations:
a) Filming/Photography without a Permit 2 times applicable fees 2 times applicable fees n/a b) Violation of Permit $498 $513 3.09% per violation,
per day
[a] Proposed fee is a market-based rate for exclusive private use of public space/facilities. [b] Does not include any applicable facility rental fees that may apply.

62.00 77.00 139.00 x $205 $205 = $211.99 $263.27 $475.26 $211.99 $263.27 $475.26 100% 100% 100% 3 Factory Built Housing (FBH) 93.00 77.00 170.00 x $205 $205 = $317.98 $263.27 $581.26 $317.98 $263.27 $581.26 100% 100% 100% ATTACHMENT 3
482 CLICK HERE to Return to Agenda
City of La Quinta
User and Regulatory Fee Study
Planning Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description Svc Time FBHR
Target
Hourly Rate
Cost of Svc at
FBHR
Cost of Svc at
Target Hrly
Rate Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Type Note
Temporary Use / Special Event Permit
1 Temporary Use Permit 12.00 x $212 $205 = $2,548 $2,462 $597 23% $615 24% 2 Special Event Permit 12.00 x $212 $205 = $2,548 $2,462 $615 24% Site Development
3 Development Agreement
a) Staff Review 20.00 x $212 $205 = $4,247 $4,103 $2,388 56% $4,103 97% b) City Attorney Deposit $15,000
4 Development Agreement - Amendment
a) Staff Review 10.00 x $212 $205 = $2,124 $2,051 $2,051 97% b) City Attorney Deposit $7,500
Signs
5 Sign Permit - Temporary Commercial Banner 0.50 x $212 $205 = $106 $103 $50 47% Map
6 Certificate of Compliance 6.50 x $212 $205 = $1,380 $1,333 $1,333 97% Zoning Clearance - Planning Plan Check
7 Planning Fence Review 1.50 x $212 $205 = $319 $308 $398 125% $154 48% 483 CLICK HERE to Return to Agenda
City of La Quinta
User and Regulatory Fee Study
Code Compliance Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description Svc Time
Fully-Burdened
Hourly Rate
Est. Cost of
Service Current Fee
Current Cost
Recovery Proposed Fee [a]
Proposed Cost
Recovery Note
1 Home Occupation Permit
a) Permit 1.25 x $171 = $214 $194 91% $214 100%
2 Massage Establishment Inspection 2.00 x $171 = $342 $342 100% [a] 3 Code Compliance Inspection 1.00 x $171 = $171 $171 100% [a] [a] Additional inspection time will be billed in half-hour increments based on the hourly rate of the department providing the services. 484 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: August 4, 2026

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE THE PROPERTY LOCATED AT 54355 AVENIDA BERMUDAS AS A QUALIFIED AND CERTIFIED LARGE LOT PURSUANT TO SECTION 3.25.057 OF THE LA QUINTA MUNICIPAL CODE

RECOMMENDATION
Adopt a resolution to approve the property located at 54355 Avenida Bermudas as a Qualified and Certified Large Lot pursuant to Section 3.25.057 of the La Quinta Municipal Code.

EXECUTIVE SUMMARY
 Effective May 20, 2021, Section 3.25.055 of the La Quinta Municipal Code (LQMC) established a ban on the issuance of new short-term vacation rental (STVR) permits for properties located within non-exempt areas in the city.  Effective January 4, 2024, Section 3.25.057 of the LQMC provides that properties may apply for and be approved as a “Qualified and Certified Large Lot,” as defined, and shall be exempted from the ban on the issuance of new STVR permits in nonexempt areas as set forth in LQMC Section 3.25.055, if certain criteria are met.  The property located in the Cove, at 54355 Avenida Bermudas (Property), depicted in the enclosed vicinity map as Attachment 2, has met all required criteria for a Qualified and Certified Large Lot and seeks exemption from the ban.

FISCAL IMPACT
If the Property is approved as Qualified and Certified Large Lot, it will be eligible to obtain an STVR permit, which would generate 10% transient occupancy tax for the City on STVR stays in accordance with Chapter 3.24 of the LQMC.

BACKGROUND/ANALYSIS
The City has the authority to regulate residential uses operating within the city. LQMC Chapter 3.25 regulates the City’s STVR Program, including but not limited to STVR permitted uses, STVR processing and permitting procedures, and other related STVR requirements, violations, and fines.

PUBLIC HEARING ITEM NO. 2
485 CLICK HERE to Return to Agenda
Effective May 20, 2021, Section 3.25.055 of the LQMC established a ban on the issuance of new STVR permits for properties located within non-exempt areas in the City.

Effective January 4, 2024, Section 3.25.057 of the LQMC provides that properties may apply for and be approved as a “Qualified and Certified Large Lot,” as defined, and shall be exempted from the ban on the issuance of new STVR permits in non-exempt areas as set forth in Section 3.25.055 of the LQMC, if certain criteria are met.

The Property submitted a Qualified and Certified Large Lot application (LLQC 2026-0001) seeking exemption from the ban, and has met all required criteria as follows:
1) The Property has a “lot area,” as defined, comprised of a single parcel of .6088 acres, or 26,519 square feet, which is greater than the “lot area” requirement of no less than 25,000 square feet pursuant to Section 3.25.057(A)(1) of the LQMC.

On February 9, 2026, Certificate of Parcel Merger No. 2025-0006 (DOC # 2026- 0040750), included as Attachment 3, was recorded in the Official Records of Riverside County merging 3 contiguous lots identified as assessor parcel numbers (APNs) 774-254-018, 774-254-022, and 774-254-022. As of this writing, the County has not yet issued an APN for the merged single parcel; therefore, 3 Riverside County Parcel Reports are included as Attachment 4. 2) The Property is comprised of a single-family residence with 2,717 square feet of living area.
3) The total number of approved bedrooms shall be established at the issuance of an STVR permit and shall be verified at least annually during the STVR permit renewal. County records identify the Property as having 3 bedrooms, however, building permit AR 1996-08-033, authorized a garage conversion to add additional living space to the Property, and was deemed complete in February 1997 (Attachment 5). During the on-site inspection all 4 bedrooms were confirmed to meet applicable egress and safety standards.
4) The Property shall be subject to the allowed daytime and overnight occupancy limits established pursuant to Section 3.25.070(B) of the LQMC based on the approved number of bedrooms upon issuance of an STVR permit. For reference, a 4 bedroom property is allowed 8 to 10 overnight occupants, and 8 to 16 daytime occupants.
5) The Property is located in the Cove, which is not within a residential project, governed by a homeowners’ association (HOA), and there are no applicable HOA conditions, covenants, and restrictions (CC&Rs) or any other applicable governing documents that may restrict the use of the Property as an STVR unit. 6) The use of the Property as an STVR unit is not prohibited or otherwise inconsistent with any recorded instruments governing the use of the Property. 486 CLICK HERE to Return to Agenda
487
7) On-site inspection of the Property was conducted on July 13, 2026, (the inspection report is enclosed as Attachment 6) by the City’s Municipal Code Compliance Office to verify:
a. The locations of outdoor gathering/living spaces and entertainment areas, including but not limited to any pool(s), spa(s), BBQ areas, courtyard(s), are as shown in enclosed “Exhibit A – Site and Parking Plan” to the proposed Resolution; and the physical distance and their proximity to neighboring properties is unlikely to cause a disturbance.
b. There is adequate on-site parking for use of the Property as an STVR unit, in accordance with Section 3.25.050(F) of the LQMC, also shown in enclosed “Exhibit A – Site and Parking Plan” to the Resolution – 3 parking spaces would be required for this Property based on the allowed number of overnight guests (8 to 10 people), if an STVR permit were to be issued for the 4 bedrooms; and the City’s Good Guest and Good Neighbor brochures recommend 4 parking spaces. The Property has 2 garage spaces and 3 driveway spaces available, which exceed both, the required and recommended parking.
8) The single parcel is not, nor will the single parcel ever be for the duration of the Property’s approval as a Qualified and Certified Large Lot, subject to a subdivision, lot-line adjustment, lot merger, or any other alteration of the single parcel under the Subdivision Map Act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of the LQMC, which would result in the single parcel no longer being in compliance with the original approval by the City under Section 3.25.057 of the LQMC pursuant to the proposed Resolution.
9) Council authorizes the City Manager, or designee(s), to execute a land use covenant (Notice, Agreement, and Covenant Affecting Real Property), enclosed as Attachment 7, in a form approved by the City Attorney and executed by the owner of the Property, memorializing the terms and conditions applicable to the Property, for the duration of the Property’s approval as a Qualified and Certified Large Lot for use as an STVR unit, with said land use covenant to include the proposed Resolution granting Council approval of the Property as Qualified and Certified Large Lot, along with all exhibits, and conditions of approval, if any, imposed by Council at the public hearing. The executed land use covenant shall be recorded against the Property in the Riverside County Recorder’s Office no later than 60 days after the adoption of the proposed Resolution, or such later date as may be mutually agreed upon by the owner of the Property and the City Manager.
10) As of this writing, there are a total of 4 active STVR permits within a 500-foot radius from the Property; the parcels are highlighted and shown in the site map included as Attachment 8.

CLICK HERE to Return to Agenda
The Property was previously permitted as an STVR (from 2017 – 2020), however, due to change of ownership the STVR permit was closed in November 2020, in accordance with LQMC section 3.25.060, subsection (F). The Property is currently being rented long-term and is managed by the applicant’s authorized representative, Megan Guerra, owner of Sunshine Property Management. There are no recorded disturbance complaints for the Property under the current ownership.

AGENCY AND PUBLIC REVIEW
Public Hearing Notice
This item was advertised in The Desert Sun newspaper on July 17, 2026; and public hearing notices were mailed to all property owners within 500 feet of the Property. As of this writing, no public comments have been received.

ENVIRONMENTAL REVIEW
The Design and Development Department has determined this project to be exempt from environmental review pursuant to California Environmental Quality Act Section 15061(b)(3) – Common Sense Exemption and Section 15301 – Existing Facilities.

ALTERNATIVES
Council may elect not to adopt the proposed Resolution and not to approve the Property as a Qualified and Certified Large Lot.

Prepared by: Olivia Rodriguez, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
Attachments:

1. Resolution No. 2026-XXX

2. Vicinity Map, including 500-foot radius

3. Certificate of Parcel Merger No. 2025-0006

4. Riverside County Parcel Reports for APNs 774-254-022, 774-254-023, and 774- 254-018

5. Garage Conversion Permit AR 1996-08-033

6. Property Inspection Report, dated July 13, 2026

7. Notice, Agreement, and Covenant Affecting Real Property

8. Site map of active STVR permits within 500 ft from the Property 488 CLICK HERE to Return to Agenda
RESOLUTION NO. 2026 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, APPROVING THE PROPERTY
LOCATED AT 54355 AVENIDA BERMUDAS, LA QUINTA,
CALIFORNIA, AS A “QUALIFIED AND CERTIFIED LARGE
LOT” PURSUANT TO SECTION 3.25.057 OF THE LA

QUINTA MUNICIPAL CODE
CASE NUMBER:

LARGE LOT QUALIFIED AND CERTIFIED 2026-0001
APPLICANT: ROCHELLE HANDY
OWNER: ROCHELLE HANDY, TRUSTEE OF THE HANDY FAMILY
TRUST DATED JULY 1, 2001
WHEREAS, the City has the authority to regulate residential uses, including STVR uses, operating within the City; and
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) regulates short-term vacation rentals (STVRs) in the City, including but not limited to STVR permitted uses, STVR processing and permitting procedures, and other related STVR requirements, violations, and fines; and
WHEREAS, effective May 20, 2021, Section 3.25.055 of the LQMC established a ban on the issuance of new STVR permits for properties located within non-exempt areas in La Quinta; and
WHEREAS, effective January 4, 2024, Section 3.25.057 of the LQMC provides that properties may apply for and be approved as a “Qualified and Certified Large Lot,” as defined, and shall be exempted from the ban on the issuance of new STVR permits in non-exempt areas as set forth in Section 3.25.055 of the LQMC, if certain criteria are met; and
WHEREAS, the City Council of the City of La Quinta, California, did, on August 4, 2026, hold a duly noticed Public Hearing to consider a request for approval of the property located in the Cove at 54355 Avenida Bermudas, La Quinta, California (the “Property”), as a “Qualified and Certified Large Lot,” as defined, in accordance with LQMC Section

3.25.057; and
WHEREAS, the City published a public hearing notice in The Desert Sun newspaper on July 17, 2026, as prescribed by the LQMC and State Planning and Zoning Law (Gov. Code Section 65000 et seq.); public hearing notices were also mailed to all property owners within 500 feet of the Property; and
ATTACHMENT 1 489 CLICK HERE to Return to Agenda
Resolution No. 2026 – XXX
Qualified and Certified Large Lot – 54355 Avenida Bermudas Adopted: August 4, 2026

Page 2 of 4 ends

La Quinta City CouncilAugust 4, 2026

La Quinta City Council
August 4, 2026