CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
JUNE 11, 2025
4:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
4:30 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
June 11, 2025 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS: NONE
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of May 21, 2025, May 22, 2025 and May 28, 2025.
B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
June 11, 2025 City Council Regular Meeting Agenda 3
B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
RECOMMENDATION:
Appoint Stasik “Harrison” Winderbaum to the Administrative Appeals Board for a term ending June 30, 2028.
1. Waive the requirements of the Palm Springs Municipal Code 2.06.010(c) and reappoint Todd Burke to the Airport Commission for a term ending June 30, 2026. Reappoint Samantha McDermott to the Airport Commission for a term ending June 30, 2028.
2. Appoint Gary Brackett to the Library Board for a term ending June 30, 2028.3.
Appoint Alexandra Phillips to the Parks and Recreation Commission for a term ending June 30, 2028.
4. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 05-10-25
TOTALING $2,620,083.33 AND ACCOUNTS PAYABLE WARRANTS DATED 05-08-25 TOTALING $8,243,498.52 IN THE AGGREGATE AMOUNT OF $10,863,581.85 DRAWN ON BANK OF AMERICA."
D. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING; REVIEW
AND APPROVAL OF REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2025-2026
RECOMMENDATION:
Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2025-2026; and
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS
SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING.”
2. June 11, 2025 City Council Regular Meeting Agenda 4
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2111 APPROVING THE 2025 FIRE HAZARD SEVERITY ZONE MAP, AMENDMENTS TO CHAPTER
8.04 (FIRE CODE) OF THE PALM SPRINGS MUNICIPAL CODE, AND THE AMENDMENT OF APPENDIX S – VEGETATION MANAGEMENT GUIDELINE RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2111 entitled, “ AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES WITHIN THE
CITY OF PALM SPRINGS BASED ON MAPS PROVIDED BY THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION, AMENDING CHAPTER
8.04 OF THE PALM SPRINGS MUNICIPAL CODE, AND APPROVING
AMENDMENTS TO THE PALM SPRINGS FIRE DEPARTMENT VEGETATION MANAGEMENT GUIDELINES."
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2112 APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895-SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08-ACRE UNDEVELOPED SITE LOCATED AT THE
SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2112 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895-SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08-ACRE UNDEVELOPED
SITE LOCATED AT THE SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19.”
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2113 AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE
PREVENTION, MODIFYING FLOODPROOFING AND FREEBOARD
REQUIREMENTS FOR MECHANICAL AND UTILITY EQUIPMENT, AND FOR
MANUFACTURED HOMES
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2113 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION, MODIFYING
FLOODPROOFING AND FREEBOARD REQUIREMENTS FOR MECHANICAL AND UTILITY EQUIPMENT, AND FOR MANUFACTURED HOMES”
June 11, 2025 City Council Regular Meeting Agenda 5
H. APPROVE THREE-YEAR LEASE AGREEMENT NO. 25L155 WITH PACIFIC
CASTLE RIMROCK, LLC FOR TEMPORARY LIBRARY LOCATION FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION, PROJECT NO. 16-08
RECOMMENDATION:
Approve Lease Agreement No. 25L155 with Pacific Castle Rimrock, LLC subject to final City Manager and City Attorney approval as to form, for the lease of 6,001 square feet storefront, effective July 1, 2025 through June 30, 2028, with two (2) consecutive six-month options to extend by the Lessee in an amount not to exceed $514,166.00.
1. Authorize the City Manager or designee to execute all necessary documents.2.
I. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID STATE HIGHWAY MANHOLE REPAIRS, CITY PROJECT 24-04
RECOMMENDATION:
Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the State Highway Manhole Repairs, City Project 24-04, (“the Project”); and;
1. Authorize the City Manager to execute all necessary documents.2.
J. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 3400 EAST TAHQUITZ CANYON WAY (APN:677-280-010, AIRPORT PROPERTY)
RECOMMENDATION:
Authorize the City Manager to execute a Grant of Easement (Attachment A) to Southern California Edison to underground electrical supply system across a portion of the property identified by Assessor’s Parcel Number 677-280-010 within Airport Parking Lot B.
June 11, 2025 City Council Regular Meeting Agenda 6
K. AWARD OF A CONSTRUCTION CONTRACT WITH SKANSKA USA BUILDING IN THE AMOUNT OF $71,774,497 AND THE ACCEPTANCE OF THE FEDERAL
AVIATION ADMINISTRATION (FAA) AND TRANSPORTATION SECURITY
ADMINISTRATION (TSA) GRANT AWARDS FOR THE FUNDING OF THE
PROJECT FOR AIRPORT BAGGAGE HANDLING SYSTEM IN-LINE SCREENING “THE PROJECT”, AIRPORT PROJECT PSP-04
RECOMMENDATION:
Award a construction contract to Skanska USA Building in the amount of $71,774,497 for Airport Baggage Handling System In-Line Screening, Airport Project PSP-04;
1. Authorize the City Manager or designee to approve and execute construction contract change orders up to a total amount of $7,177,449 with all change orders reported to the City Council;
2. Approve acceptance of Federal Aviation Administration Airport Terminal Program (ATP) Grant No. 3-06-0181-070-2025 for Baggage Handling Airport Project in the amount of approximately $6,000,000;
3. Approve acceptance of Federal Aviation Administration Airport Infrastructure Grant (AIG) Grant No. 3-06-0181-071-2025 for Baggage Handling Airport Project in the amount of approximately $21,552,776;
4. Approve acceptance of Federal Aviation Administration Airport Improvement Program (AIP) Grant No. 3-06-0181-072-2025 for Baggage Handling Airport Project in the amount of approximately $7,963,213;
5. Approve acceptance of Department of Homeland Security Transportation Security Administration Grant for Baggage Handling Airport Project in the amount of approximately $24,184,932.24; and
6. Authorize the City Manager or designee to execute all necessary documents.7.
L. ACCEPTANCE OF THE AIRPORT TAXIWAY REHABILITATION, CITY PROJECT 21-27
RECOMMENDATION:
Accept the public works improvement identified as the Airport Taxiway Rehabilitation, City Project 21-27, as completed in accordance with the plans and specifications;
1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Airport Taxiway Rehabilitation, City Project 21-27; and
2. Authorize the City Manager to execute all necessary documents.3.
June 11, 2025 City Council Regular Meeting Agenda 7
M. ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROJECT (CYCLE 8), FEDERAL-AID PROJECT NO. HSIPL-5282 (047), CITY PROJECT NO. 16-18
RECOMMENDATION:
Accept the public works improvement identified as the Highway Safety Improvement Project (Cycle 8), City Project No. 16-18 (“Project”), as completed in accordance with the plans and specifications; and
1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Highway Safety Improvement Project (Cycle 8), City Project No. 16-18.
2. N. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L118 WITH WORLDWIDE FLIGHT SERVICES, INC. FOR TERMINAL USE
SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve the Airport Non-Exclusive Operating and Lease Agreement No. 25L118 with Worldwide Flight Services, Inc. for the lease of 240 square feet of office space at $133.04 per square foot per year, effective March 1, 2025 through February 28, 2026, with two (2) one-year options to extend.
1. Authorize the City Manager or designee to execute all necessary documents.2.
O. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L134 WITH UNITED SERVICE ORGANIZATIONS, INC. FOR HANGAR AND
OFFICE SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATIONS:
Approve the Non-Exclusive Operating and Lease Agreement No. 25L134 with United Service Organizations, Inc. for the lease of 4,000 square feet of hangar and office space and eight (8) assigned parking spaces adjacent to the Palm Springs International Airport, effective April 1, 2025 through March 31, 2026, with two (2) one-year options to extend by the Lessee.
1. Authorize the City Manager or designee to execute all necessary documents.2.
P. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L133 WITH WEST AVIATION SERVICES – SAN DIEGO, INC. DBA SIERRA
AVIATION GROUP FOR TERMINAL OFFICE SPACE AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve the Airport Non-Exclusive Operating and Lease Agreement No. 25L133 with West Aviation Services – San Diego, Inc. dba Sierra Aviation Group for the lease of 345 square feet of office space at $133.04 per square foot per year, effective March 1, 2025 through February 28, 2026, with two (2) one-year options to extend.
1. June 11, 2025 City Council Regular Meeting Agenda 8 Authorize the City Manager or designee to execute all necessary documents.2.
Q. ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2025-26
RECOMMENDATION:
Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY JULI SAVITT-CAVNAR AND ADAM CAVNAR FOR HISTORIC SITE DESIGNATION OF “THE RICHARD AND SIGNE HOLECHEK RESIDENCE” LOCATED AT 2395 PEBBLE BEACH DRIVE (APN 681-242-008), CASE HSPB #163 (SY)
RECOMMENDATION:
Open the public hearing and receive public testimony. 1.
Close the public hearing and adopt Resolution entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE RICHARD AND SIGNE HOLECHEK RESIDENCE
LOCATED AT 2395 PEBBLE BEACH DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #163, SUBJECT TO CONDITIONS (APN 681-242-008).”
2. 3. BUSINESS & LEGISLATIVE:
A. GENERAL FUND, CAPITAL, AND AIRPORT DRAFT BUDGET FOR FISCAL YEARS 2025-26 AND 2026-27
RECOMMENDATION:
Provide direction to staff on any changes to the draft fiscal year 2025-26 and draft fiscal year 2026-27 budgets.
B. INTRODUCE AND CONDUCT FIRST READING OF AN ORDINANCE
June 11, 2025 City Council Regular Meeting Agenda 9
B. INTRODUCE AND CONDUCT FIRST READING OF AN ORDINANCE
ENTITLED, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.92 OF THE PALM SPRINGS MUNICIPAL CODE,
STRICTLY REGULATING CO-OWNED HOUSING UNITS, AND DETERMINING
SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”
RECOMMENDATION:
Introduce and conduct a first reading by title only, of an ordinance entitled "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.92 OF THE PALM SPRINGS MUNICIPAL CODE, STRICTLY
REGULATING CO-OWNED HOUSING UNITS, AND DETERMINING SUCH
ACTION TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 6:30 p.m., on June 5, 2025, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
City Clerk
June 11, 2025 City Council Regular Meeting Agenda 10
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
June 11, 2025 City Council Regular Meeting Agenda 11
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
4:30 P.M. CLOSED SESSION
Attachments
Closed Session Agenda
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CLOSED SESSION AGENDA
Wednesday, June11, 2025 – 4:30 p.m.
PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.
CONFERENCE WITH LABOR NEGOTIATORS G.C § 54957.6
City Negotiators:
Employee
Organization:
Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of May 21, 2025, May 22, 2025 and May 28, 2025.
Attachments
Item 1A
City of Palm Springs Page 1
Wednesday, May 21, 2025
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was c alled to order by Mayor deHarte on Wednesday, May 21, 2025, at 11:35 a.m.
ROLL CALL:
Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, David Ready and Mayor Pro Tem Naomi Soto, and Mayor Ron deHarte
Absent: None.
PUBLIC TESTIMONY: None.
1. INTERVIEW AND APPOINT APPLICANTS TO THE HISTORIC SITE PRESERVATION BOARD, MEASURE "J" OVERSIGHT COMMISSION AND HUMAN RIGHTS COMMISSION.
The City Council i nterviewed the applicants for the Historic Site Preservation Board, Measure “J” Oversight Commission, and Human Rights Commission, and by consensus appointed the following members:
• Motion by Mayor deHarte, Second by Council Member Bernstein, c arried 5-0; to appoint Michael Paonessa and Eric McCready to the Historic Site Preservation Board for terms ending June 30, 2028. Eric McCready is to attend the last Historic Site Preservation Board meeting in June.
• Motion by Mayor Pro Tem Soto, Second by Council Member Ready , carried 5-0; to appoint Jason Kravetz to the Measure “J” Oversight Commission with a term ending June 30, 2028. Appoint Paul Travis , as an alternate, to the Measure “J” Oversight Commission with a term ending June 30, 2026.
• Motion by Mayor Pro Tem Soto, Second by Council Member Ready , carried 5-0; Reappoint Scott Nevins to the Human Rights Commission with a term ending June 30, 2028. Appoint Malakai Strong to the Human Rights Commission with a term ending June 30, 2027.
Item 1A - Page 1
City Council Minutes May 21, 2025
City of Palm Springs Page 2
ADJOURNMENT:
The City Council adjourned the meeting of Wednesday, May 21, 2025, at 4:20 p.m.
Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:
Item 1A - Page 2
City of Palm Springs DRAFT MINUTES Page 1
Thursday, May 22, 2025
Minutes of the Special Joint Study Session of the City Council and Measure “J” Oversight Commission
of the City of Palm Springs
CALL TO ORDER:
A Special Joint Study Session of the Palm Springs City Council and Measure “J” Oversight Commission was called to order by Mayor deHarte on Thursday, May 22, 2025, at 5:30 PM.
PLEDGE OF ALLEGIANCE:
Mayor deHarte led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, and David Ready; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.
Absent: None.
Commissioners Shara L. Cabreros, Larry Isaak, Janice Shon, La Toya Thigpen, Lauren Wolfer, Vice Chair Andrea Davis, and Chair Peter W. Sipkins Jason Kravetz (Alternate)
Absent: Commissioners Linda Futterer, Clifford Hopkins, Jack Newby (Alternate)
City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PUBLIC COMMENT: Michael Shaw, Carol Moore, Clark Dugger, Gailya Brown, Jonathan Lorenzo Yorba, Vaughan Davies, Michael Koth, Edwin Ramoran, Tom Dolle, Isabel Chapman, and Oscar Rodas, all provided oral testimony.
1. MEASURE J FUND BUDGET FOR FISCAL YEARS 2025-26 AND 2026-27 MOTION BY COUNCILMEMBER BERNSTEIN, SECONDED BY NAOMI SOTO to accept the Measure “J” fund Budget
Item 1A - Page 3
City Council Minutes May 22, 2025
City of Palm Springs DRAFT MINUTES Page 2
**CITY COUNCIL RECESSED AT 7:47 PM AND RESUMED AT 7:57 PM.**
2. GENERAL FUND, CAPITAL, AND AIRPORT DRAFT BUDGET FOR FISCAL YEARS 2025-26 AND 2026-27
RECEIVED AND FILED
3. CONSIDERATION OF POTENTIAL EMERGENCY RELIEF FOR THE AMERICAN
REPRODUCTIVE CENTER
Received and Filed
ADJOURNMENT:
The City Council adjourned the regular meeting of Thursday, May 22, 2025, at 10:25 p.m.
Respectfully submitted,
_________________________
Brenda Pree, MMC, CERA
City Clerk
DRAFT MINUTES PRESENTED TO CITY COUNCIL: 5/22/2025
Item 1A - Page 4
City of Palm Springs DRAFT MINUTES Page 1
Wednesday, May 28, 2025
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Wednesday, May 28, 2025, at 5: 43 p.m.
PLEDGE OF ALLEGIANCE:
Ben Miller, a Palm Springs High School student, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, and David Ready ; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.
Absent: None.
City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Melissa Cain, Police Captain; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS :
A. CITY UPDATE ON RESPONSE AND RECOVERY RELATED TO THE TRAGIC EVENTS OF MAY 17, 2025
Paul Alvarado, Fire Chief, Mike Villegas, Polic e Lieutenant, Wayne Olson, Chief Economic Development Officer, Flinn Fagg, Deputy City Manager, Amy Blaisdell, Chief Communications Officer provided a presentation.
Item 1A - Page 5
City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 2
PROCLAMATIONS:
Mayor deHarte announced the issuance of the following proclamations:
• Ron Oliver Day was recognized on May 23, as he received the 479th star on the Palm Springs Walk of Stars. Ron was acknowledged for his outstanding contributions to the entertainment industry, as well as his meaningful impact on our community.
• National Poppy Day was also celebrated on May 23, honoring those who have served and died for our country in all wars. The red poppy is a nationally recognized symbol of sacrifice worn by Americans since World War I. It reminds Americans of the sacrifices made by our veterans while protecting our freedom
• Pearl Devers was recognized for her work and determination for reparative justice and to help improve the quality of life for the survivors and descendants of Palm Springs Section 14.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar I tems Nos. 1.K, 1.N, 1.P, 1.Q and 1.R.
Public Hearing Item 2.B was continued to a date uncertain.
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of May 28, 2025, was called to order by Mayor deHarte at 4:00 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION G.C §54956.9(d)(4)
One (1) matter
CONFERENCE WITH LEGAL COUNSEL—SIGNIFICANT EXPOSURE TO LITIGATION G.C §54956.9(d)(2)
One (1) matter
CONFERENCE WITH LABOR NEGOTIATORS G.C § 54957.6
City Negotiators:
Employee
Organization:
Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
Item 1A - Page 6
City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 3
CONFERENCE WITH LABOR NEGOTIATORS G.C § 54957.6
City Negotiators:
Employee
Organization:
Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
PUBLIC TESTIMONY:
Dora Benton, Nyla Alimohammadi, and Abigail Rust provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER READY SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the Consent Calendar with removal of Consent Calendar Items Nos.
1.K, 1.N, 1.P, 1.Q, and 1.R.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the City Council meeting minutes of May 14, 2025.
B. ACCEPTANCE OF RESIGNATION FROM THE PUBLIC ARTS COMMISSION
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the resignation of Thomas Burns from the Public Arts Commission, effective immediately.
C. RATIFY THE PURCHASE OF TWO ENFORCER PUMPER TRUCKS IN AN AMOUNT NOT TO EXCEED $2,347,459.86
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 TO
1. Ratify the purchase of two enforcer pumper trucks in an amount not to exceed $2,347,459.86, inclusive of 10% ($213,405.44) contingency.
2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus, and waive the equipment requirements of 7.08.02 (5) of the municipal code and approve the surplus equipment to go straight to auction;
3. Authorize the city manager or designee to execute all necessary documents.
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City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 4
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2025
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5 -0 to receive and file the report of staff authorized agreements and purchase orders for the period of April 1 through April 30, 2025
E. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 to adopt Resolution No. 25307 entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 04-26-25 TOTALING $2,705,820.65 AND ACCOUNTS PAYABLE WARRANTS DATED 04-24-25 TOTALING $7,910,685.67 IN THE AGGREGATE AMOUNT OF $10,616,506.32 DRAWN ON BANK OF AMERICA."
F. APPROVE FACILITY USE AGREEMENT WITH PLAZA THEATRE FOUNDATION
FOR NON-EXCLUSIVE USE OF WELWOOD MURRAY MEMORIAL LIBRARY AND PATIO
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 TO
1. Approve Facility Use Agreement No. 25L139 with the Plaza Theatre Foundation for a temporary, non-exclusive use permit for a term of five (5) years with two (2) five -year extensions.
2. Authorize the City Manager or designee to execute all necessary documents
G. ACCEPTANCE OF THE BOGERT TRAIL SEWAGE LIFT STATION, CITY PROJECT 18-18
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 TO
1. Accept the public works improvement identified as Bogert Trail Sewage Lift Station, City Project 18-18 (“Project”), as completed in accordance with the plans and specifications; and
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Bogert Trail Sewage Lift Station, City Project No. 18-18
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City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 5
H. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH DUDEK, A CALIFORNIA CORPORATION; ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, A CALIFORNIA CORPORATION; BERG & ASSOCIATES, INC., A CALIFORNIA CORPORATION; NV5, INC., A CALIFORNIA CORPORATION; AND SOUTHSTAR ENGINEERING & CONSULTING, INC., A CALIFORNIA
CORPORATION, FOR ON- CALL CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0 TO
1. Approve a Professional Services Agreement with Dudek, a California corporation, to provide “On-call” Construction Management & Inspection services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $3,000,000;
2. Approve a Professional Services Agreement with Engineering Resources of Southern California, Inc., a California corporation, to provide “On-call” Construction Management & Inspection services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $3,000,000;
3. Approve a Professional Services Agreement with Berg & Associates, a California corporation, to provide “On-call” Construction Management & Inspection services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $3,000,000;
4. Approve a Professional Services Agreement with NV5, Inc., a California corporation, to provide “On-call” Construction Management & Inspection services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $3,000,000;
5. Approve a Professional Services Agreement No with Southstar Engineering & Consulting, a California corporation, to provide “On-call” Construction Management & Inspection services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $3,000,000; and
6. Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value.
I. APPROVE CONTRACT CHANGE ORDER NO. 8 WITH STEVE P. RADOS, INC. IN THE AMOUNT OF $910,948.95 AND APPROVE AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MWH CONSTRUCTORS, INC. (A9141), IN THE AMOUNT OF $192,045 FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 & 21-07
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 TO
1. Approve Contract Change Order No. 8 in the amount of $910,948.95 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07;
2. Approve Amendment No. 4 in the amount of $192,045 to PSA No. A9141, for a new not-to- exceed amount of $2,053,072 with MWH for the WWTP Digester No. 2 and Filtrate Pump Station, City Projects No. 20-25 and 21-07;
Item 1A - Page 9
City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 6
3. Appropriate $1,102,993.95 from the Wastewater Fund balance; and
4. Authorize the City Manager or designee to execute all necessary documents J. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH ALBERT A.
WEBB ASSOCIATES, A CALIFORNIA CORPORATION, CAROLLO ENGINEERS, A
DELAWARE CORPORATION, AND TKE ENGINEERING, A CALIFORNIA
CORPORATION, FOR ON- CALL WASTEWATER ENGINEERING DESIGN
SERVICES
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 TO
1. Approve a Professional Services Agreement with Albert A. Webb Associates, a California corporation, to provide “On-call” Wastewater Engineering Design Services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000;
2. Approve a Professional Services Agreement with Carollo Engineers, Inc., a Delaware corporation, to provide “On-call” Wastewater Engineering Design Services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000;
3. Approve a Professional Services Agreement with TKE Engineering, Inc., a California corporation, to provide “On-call” Wastewater Engineering Design Services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and
4. Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value.
K. REJECT ALL BIDS RECEIVED FOR THE DEMUTH PARK PICKLEBALL COURT EXPANSION PROJECT, CITY PROJECT 22-24
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar
L. A REQUEST BY ABIGAIL RUST, FOR APPROVAL OF AN ART MURAL TITLED, “THE STARS ARE OUR ANCESTORS” LOCATED ON THE SECOND LEVEL OF
THE THOMPSON PALM SPRINGS HOTEL, ON THE NORTH ELEVATION OF THE SOUTH BUILDING AT 414 NORTH PALM CANYON DRIVE, ZONE CBD, (APN: 513- 081-049, CASE MUR 2025-0001)
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 to adopt Resolution No. 25308 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “THE STARS ARE OUR ANCESTORS” LOCATED ON THE SECOND LEVEL NEAR THE HOTEL’S ENTRANCE, OF THE EXISTING HOTEL BUILDING AT 414 NORTH PALM CANYON DRIVE, ZONE CBD, (APN:513 -081-049) (CASE MUR 2025-0001).
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City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 7
M. A REQUEST BY CRA MANAGEMENT, LLC, OWNER / APPLICANT FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (“PCN”) FOR A TYPE 48 ALCOHOL LICENSE FOR A COCKTAIL LOUNGE USE LOCATED AT 180 EAST PALM CANYON DRIVE (ZONE C- 1, GENERAL PLAN “TOURIST RESORT COMMERCIAL”, CENSUS TRACT 448.05, CASE PCN-2025-0001)
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 to adopt Resolution No. 25309 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING
THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF A TYPE 48 ALCOHOL LICENSE FOR A COCKTAIL LOUNGE LOCATED AT 180 EAST PALM CANYON DRIVE, CENSUS TRACT 448.05.”
N. ADOPT A RESOLUTION AUTHORIZING APPLICATION TO AND PARTICIPATION
IN THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT PROHOUSING DESIGNATION PROGRAM
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar
O. ADOPTION OF ORDINANCE APPROVING 2025 FIRE HAZARD SEVERITY ZONE MAP, AMENDMENTS TO CHAPTER 8.04 (FIRE CODE) OF THE PALM SPRINGS MUNICIPAL CODE, AND THE AMENDMENT OF APPENDIX S – VEGETATION
MANAGEMENT GUIDELINES
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0 to waive the reading of the Ordinance text in its entirety and read by title only, conduct the first reading, and introduce Ordinance No. 2111 entitled, “ AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING FIRE
HAZARD SEVERITY ZONES WITHIN THE CITY OF PALM SPRINGS BASED ON
MAPS PROVIDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, AMENDING CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, AND APPROVING AMENDMENTS TO THE PALM SPRINGS FIRE DEPARTMENT VEGETATION MANAGEMENT GUIDELINES”
P. CONSENT AND REAFFIRMATION OF DESERT COMMUNITY ENERGY
GUARANTY
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar
Q. APPROVAL OF PROGRAMS TO ASSIST WITH BUILDING REPAIR AND RECONSTRUCTION EFFORTS RELATED TO THE MAY 17TH TERRORIST
ATTACK, INCLUDING THE APPROVAL OF A DISASTER OVERLAY ZONE, A
REDUCED FEE SCHEDULE FOR PERMITS, AND EXPEDITED REVIEW
PROCESSES FOR PERMITS AND APPLICATIONS
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar
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City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 8
R. LETTER OF INTEREST REGARDING HISTORIC TAX CREDITS FOR THE PLAZA
THEATRE
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar
EXCLUDED CONSENT CALENDAR:
K. REJECT ALL BIDS RECEIVED FOR THE DEMUTH PARK PICKLEBALL COURT EXPANSION PROJECT, CITY PROJECT 22-24
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER READY, CARRIED 5-0 TO
1. Reject the construction bids received on April 22, 2025, for the Demuth Park Pickleball Court Expansion Project, City Project No. 22-24; and
2. Authorize Staff to re-bid the Project.
N. ADOPT A RESOLUTION AUTHORIZING APPLICATION TO AND PARTICIPATION
IN THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT PROHOUSING DESIGNATION PROGRAM
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0 to
1. Adopt Resolution No. 25310, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM”; and
2. Direct staff to submit the application to HCD and participate in the Program.
P. CONSENT AND REAFFIRMATION OF DESERT COMMUNITY ENERGY
GUARANTY
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0 TO
1. Adopt Resolution No. 25311 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSENT
AND REAFFIRMATION OF GUARANTY OF THE OBLIGATIONS OF DESERT
COMMUNITY ENERGY UNDER A CREDIT AGREEMENT WITH RIVER CITY BANK.”
2. Authorize the City Manager, in consultation with the City Attorney, to negotiate and take such actions necessary and appropriate to finalize and execute the Consent and Reaffirmation of Guaranty and associated documents.
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City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 9
Q. APPROVAL OF PROGRAMS TO ASSIST WITH BUILDING REPAIR AND RECONSTRUCTION EFFORTS RELATED TO THE MAY 17TH TERRORIST
ATTACK, INCLUDING THE APPROVAL OF A DISASTER OVERLAY ZONE, A
REDUCED FEE SCHEDULE FOR PERMITS, AND EXPEDITED REVIEW
PROCESSES FOR PERMITS AND APPLICATIONS
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5 -0 to adopt Resolution No. 25312 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING
A DISASTER OVERLAY ZONE, ADOPTING A FEE SCHEDULE FOR THE DISASTER
OVERLAY ZONE AREA, AND ADOPTING AN EXPEDITED REVIEW PROCESS FOR
CITY PERMITS AND APPLICATIONS RELATED TO RECOVERY AND
RECONSTRUCTION EFFORTS.”
R. LETTER OF INTEREST REGARDING HISTORIC TAX CREDITS FOR THE PLAZA
THEATRE
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR DEHARTE , CARRIED 5-0 to
1. Approve the accompanying Letter of Interest and terms of financing as outlined.
2. Authorize City Manager to sign Letter of Interest.
2. PUBLIC HEARINGS:
A. A REQUEST BY THE ALTUM GROUP, ON BEHALF OF SUN COMMUNITY
FEDERAL CREDIT UNION, FOR A CHANGE OF ZONE TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895 SQUARE FOOT BANK WITH AN AUXILIARY DRIVE-THRU FACILITY ON A 1.08 -ACRE UNDEVELOPED SITE
LOCATED AT THE SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19 (CASE COZ-2024-0001)
Rich Malakoff and Jason Patty provided oral testimony.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0 to
1. Open the public hearing and receive public testimony.
2. Close the public hearing, introduce and waive further reading of Ordinance No. 2112 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO
‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895-SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08-ACRE
UNDEVELOPED SITE LOCATED AT THE SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19.” Item 1A - Page 13
City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 10
B. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, ADDING A NEW SECTION 4.10.130 TO CHAPTER
4.10 OF TITLE 4 OF THE PALM SPRINGS MUNICIPAL CODE RELATED TO THE
ESTABLISHMENT OF A REGISTRY OF RESIDENTIAL RENTAL PROPERTIES
WITHIN THE CITY
This item was continued to a date uncertain in conjunction with the acceptance of the acceptance of the agenda.
C. JOINT ITEM OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AND THE PALM SPRINGS FINANCING AUTHORITY. AUTHORIZE ISSUANCE OF LEASE
REVENUE BONDS TO FUND LIBRARY RENOVATIONS AND SWIM CENTER
Juanita Garner, Nanci Morrison, and Bill Wylie provided oral testimony.
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0 to
1. Open the public hearing and receive public testimony to hear and consider information concerning the approval of the lease financing by the City and the City of Palm Springs Financing Authority in order to provide financing to the Library and Swim Center renovation projects; and
2. Acting as the City Council, adopt Resolution No. 25313 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING
PROCEEDINGS AND AGREEMENTS RELATING TO THE FINANCING OF
PUBLIC CAPITAL IMPROVEMENTS, APPROVING ISSUANCE AND SALE OF
BONDS BY THE CITY OF PALM SPRINGS FINANCING AUTHORITY,
APPROVING AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS”; and
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0 to
3. Acting as the Financing Authority Board, adopt Resolution No. FA-46 entitled,” A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM
SPRINGS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF ITS
REVENUE BONDS IN THE ORIGINAL PRINCIPAL AMOUNT OF NOT TO EXCEED $40,000,000 IN CONNECTION WITH THE FINANCING OF PUBLIC
CAPITAL IMPROVEMENTS IN THE CITY OF PALM SPRINGS AUTHORIZING
AND DIRECTING EXECUTION OF AN INDENTURE OF TRUST, A LEASE
AGREEMENT, AN AGENCY AGREEMENT, AND AUTHORIZING AN OFFICIAL
STATEMENT AND OTHER OFFICIAL ACTIONS AND EXECUTION OF
RELATED DOCUMENTS”.
4. Authorize the City Manager and Director of Finance & Treasurer to execute all necessary documents.
Item 1A - Page 14
City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 11
**The City Council recessed from 7:51 PM to 7:58 PM.**
3. BUSINESS & LEGISLATIVE:
A. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION, MODIFYING FLOODPROOFING
AND FREEBOARD REQUIREMENTS FOR MECHANICAL AND UTILITY
EQUIPMENT AND FOR MANUFACTURED HOMES
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0 to
1. Waive the reading of the ordinance text in its entirety and read by title only;
2. Conduct first reading and introduce Ordinance No. 2113 entitled, “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD
DAMAGE PREVENTION, MODIFYING FLOOD PROOFING AND FREEBOARD
REQUIREMENTS FOR MECHANICAL AND UTILITY EQUIPMENT, AND FOR MANUFACTURED HOMES.”
B. AUTHORIZE CONTRACT NEGOTIATIONS FOR CONVENTION CENTER AND
TOURISM MANAGEMENT SERVICES
MOTION BY MAYOR DEHARTE, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0 to
1. Authorize staff to enter into contract negotiations with Global Spectrum LLC dba OVG360 for convention center and tourism management services;
2. Authorize the City Manager to transfer subcontracted services for the Palm Springs Convention Center Agreement for Tourism and Management Services from AEG to the City, and execute Assignment, Assumption, & Consent Agreements as needed.
PUBLIC COMMENT:
Jane Dod, Daryl Terrell, provided non-agenda oral testimony. Aria Yamasaki Prior was called but did not provide testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmember Garner and Bernstein provided an update regarding the City Council’s special meeting in Sacramento on May 27, 2025. Councilmember Garner requested staff to prepare a legislative platform item by the first regular meeting in July. Councilmember Ready has requested a discussion item regarding secondary street infrastructure. Mayor deHarte has requested a revision to the City’s flag policy in regard to POW (Prisoner of War) flag. Councilmember Bernstein and Mayor Pro Tem Soto provided testimony.
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City Council Minutes May 28, 2025
City of Palm Springs DRAFT MINUTES Page 12
ADJOURNMENT:
The City Council adjourned the regular meeting of Wednesday, May 28, 2025, at 9:24 p.m.
Respectfully submitted,
_________________________
Brenda Pree, MMC, CERA
City Clerk
DRAFT MINUTES PRESENTED TO CITY COUNCIL: 6/11/2025
Item 1A - Page 16
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
RECOMMENDATION:
Appoint Stasik “Harrison” Winderbaum to the Administrative Appeals Board for a term ending June 30, 2028.
1. Waive the requirements of the Palm Springs Municipal Code 2.06.010(c) and reappoint Todd Burke to the Airport Commission for a term ending June 30, 2026. Reappoint Samantha McDermott to the Airport Commission for a term ending June 30, 2028.
2. Appoint Gary Brackett to the Library Board for a term ending June 30, 2028.3.
Appoint Alexandra Phillips to the Parks and Recreation Commission for a term ending June 30, 2028.
4. Attachments
Item 1B
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:
1. A ppoint Stasik “Harrison” Winderbaum to the Administrative Appeals Board for a term ending June 30, 2028.
2. Waive the requirements of the Palm Springs Municipal Code 2.06.010(c) and reappoint Todd Burke to the Airport Commission for a term ending June 30, 2026 .
Reappoint Samantha McDermott to the Airport Commission for a term ending June 30, 2028.
3. A ppoint Gary Brackett to the Library Board for a term ending June 30, 2028.
4. A ppoint Alexandra Phillips to the Parks and Recreation Commission for a term ending June 30, 2028.
BACKGROUND:
The City Council appointed Mayor deHarte and Mayor Pro Tem Soto to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions . At this time , the Ad Hoc committee has pending interviews scheduled for additional board and commission appointments and will provide a memorandum of their recommendations in advance of the June 11, 2025 C ouncil meeting. Pending appointments are two alternate positions for the Administrative Appeals Board, Airport Commission, Public Arts, and the VillageF est Board. The next open recruitment is scheduled for March 2026 through April 2026.
FISCAL IMPACT:
None.
Item 1B - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Appointments to Various Boards and Commissions
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Board & Commission Rosters
Item 1B - Page 2
ATTACHMENT A
Item 1B - Page 3
Administrative Appeals Board
Member Original Appointment Expires
Patrick Basile* – 3 April 8, 2021 June 30, 2027
David Parker – 2 June 29, 2023 June 30, 2026
Lauren Hein – 3 June 13, 2024 June 30, 2027
Edwin Koren – 2 June 13, 2024 June 30, 2027
Stasik Winderbaum (alt) – 5 June 13, 2024 June 30, 2026 VACANT June 30, 2025
VACANT (alt) June 30, 2026
Airport Commission
Member
Original Appointment Expires
Geoffrey Kiehl– City of La Quinta July 9, 2024 June 30, 2027 Keith Young – City of Rancho Mirage March 2, 2023 July 1, 2027 Christian Samlaska – City of Cathedral City July 9, 2024 June 30, 2027 Kevin Wiseman – City of Palm Desert Jan. 13, 2022 June 30, 2025 Dirk Voss – City of Desert Hot Springs Jan. 21, 2025 January 21, 2027 Denise Delgado – City of Coachella Jan. 25, 2023 December 31, 2025 Rick Wise – City of Indio April 1, 2023 April 1, 2026
Margaret Park – County of Riverside July 01, 2023 June 30, 2026 Robert Berriman – City of Indian Wells July 01, 2023 June 30, 2026 Kevin Corcoran* – 5 Dec. 19, 2018 June 30, 2027
Todd Burke* – 4 June 19, 2019 June 30, 2025
David Feltman* – 4 June 19, 2019 June 30, 2025
Tracy Martin – 1 May 25, 2023 June 30, 2026
Daniel Caldwell – 5 May 25, 2023 June 30, 2026
J Craig Fong – Outside PS May 25, 2023 June 30, 2026
Dave Banks – 5 Sept. 14, 2023 June 30, 2026
Samantha McDermott – 2 June 13, 2024 June 30, 2025
Robert (Ken) Hedrick – 5 June 13, 2024 June 30, 2027
Bryan Ebensteiner - 2 June 13, 2024 June 30, 2027
Library Board
Member
Original Appointment Expires
Al Jones* – 3 July 22, 2021 June 30, 2027
David Norgard* – 2 July 22, 2021 June 30, 2027
Juanita Garner* – 5 July 23, 2020 June 30, 2026
Deborah Schwarz – 5 May 25, 2023 June 30, 2026
VACANT June 30, 2025
Item 1B - Page 4
Parks & Recreation Commission
Member Original Appointment Expires
Michael Finland* – 5 July 22, 2021 June 30, 2027
John Miraglia* – 2 April 8, 2021 June 30, 2027
Johnny Coladonato* – 1 March 7, 2018 June 30, 2025
Donald Admire – Sphere of PS May 25, 2023 June 30, 2026 Jodi Diaz (PSUSD) – 2 July 10, 2023 June 30, 2026
Rod Davis – 4 July 24, 2023 June 30, 2026
Jase Nagaia – Outside City Sept. 14, 2023 June 30, 2026 Charlie Roddy – 2 June 13, 2024 June 30, 2026
Meredith Fine – 3 June 13, 2024 June 30, 2026
Nancy Ferguson – 5 June 13, 2024 June 30, 2027
Bond Shands – 4 Feb 27, 2025 June 30, 2027
Public Arts Commission
Member
Original Appointment Expires
Gary Armstrong* – 5 June 24, 2021 June 30, 2027
Shawnda Thomas Faveau* – Outside Feb. 13, 2020 June 30, 2025 Carlos Silveira – 1 June 29, 2023 June 30, 2026
Lauri Kibby – 3 June 13, 2024 June 30, 2026
Natasia Gascon – 2 June 13, 2024 June 30, 2027
Jim Lande – 2 July 9, 2024 June 30, 2027
Tina Gonsalves – 4 July 9, 2024 June 30, 2027
Michelle Loya – 1 Feb. 27, 2025 June 30, 2026
VACANT June 30, 2026
VillageFest Board
Member
Original Appointment Expires
Greg Roberts* – 1 June 24, 2021 June 30, 2027 (Retail) Celia Garton* – 1 July 10, 2019 June 30, 2025 (Retail) Daniel Gonnella* – 1 July 10, 2019 June 30, 2025 (Retail) Cheryl Idell – 5 May 25, 2023 June 30, 2026 (Retail)
David Anderson – 2 April 8, 2021 June 30, 2026 (At Large) Carlos Antonio Alvarez – 3 June 29, 2023 June 30, 2026 (Retail) Mitchell Battersby – 4 July 24, 2023 June 30, 2026 (Retail)
*Not eligible for reappointment to a subsequent full term, PSMC 2.06.010 (c) Item 1B - Page 5
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 05-10-25 TOTALING $2,620,083.33 AND ACCOUNTS PAYABLE WARRANTS DATED 05-08-25 TOTALING $8,243,498.52 IN THE AGGREGATE AMOUNT OF $10,863,581.85 DRAWN ON BANK OF AMERICA."
Attachments
Item 1C
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 05-10-25 TOTALING $2,620,083.33 AND
ACCOUNTS PAYABLE WARRANTS DATED 05- 08-25
TOTALING $8,243,498.52 IN THE AGGREGATE AMOUNT
OF $10,863,581.85 DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and
WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 11TH DAY OF JUNE, 2025
.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Item 1C - Page 1
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 11 th day of June, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of June, 2025.
Brenda Pree, MMC, CERA
City Clerk
Item 1C - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
TOTAL 2,620,083.33
DEFERRED COMP: NATIONWIDE 36,970.13
ICMA RHS CONTRIBUTION 27,762.50
CA DCCS 5,818.82
STATE TAXES 122,230.17
VENDOR WIRE PYMTS 6,865.48
DEFERRED COMP: ICMA 457 106,358.68
FEDERAL TAXES 361,365.08
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423031-423044 28,761.34
LIABILITY CHECK REGISTER 2024030-2024042 37,479.38
PAYROLL DIRECT DEPOSITS 1,886,471.75
PAY DATE 5/16/2025
June 11, 2025
PAYROLL PERIOD ENDING 5/10/2025
06 11 25 (2) Payroll Wires and Warrants Memo for PPE 051025 | 061125 |5/28/2025 | 3:59 PM (AM) 1 | 1 Item 1C - Page 3
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/08/2025 14:35
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2023729 05/08/2025 PRINTED 100436 3CMA 400.00 2023730 05/08/2025 PRINTED 104375 4LEAF INC 15,960.00 2023731 05/08/2025 PRINTED 101208 ABM AVIATION INC 104,641.48 2023732 05/08/2025 PRINTED 100024 ACE PRINTING 120.18 2023733 05/08/2025 PRINTED 101263 ACTION PARK ALLIANCE 39,262.50 2023734 05/08/2025 PRINTED 104045 ADVEXURE LLC 450.00 2023735 05/08/2025 PRINTED 104389 AECOM TECHNICAL SERVICES 144,847.13 2023736 05/08/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 206,315.00 2023737 05/08/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2023738 05/08/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,526.72 2023739 05/08/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 108,708.49 2023740 05/08/2025 PRINTED 100403 AETNA 20,355.75 2023741 05/08/2025 PRINTED 104401 HEALTH AND HUMAN RESOURCE 1,117.20 2023742 05/08/2025 PRINTED 103203 AMBER C STANFORD 2,446.00 2023743 05/08/2025 PRINTED 104599 MAMCO INC 866,026.60 2023744 05/08/2025 PRINTED 105281 SONA ALEKSANYAN 800.00 2023745 05/08/2025 PRINTED 101327 US SECURITY ASSOCIATES IN 157,096.12 2023746 05/08/2025 PRINTED 103797 ALLISON MECHANICAL INC 51,797.21 2023747 05/08/2025 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 93,408.75 2023748 05/08/2025 PRINTED 100912 ALPHA MEDIA LLC 3,996.00 2023749 05/08/2025 PRINTED 016646 VERONICA ALVARADO 125.00 2023750 05/08/2025 PRINTED 100572 AMAZON COM 31.67 2023751 05/08/2025 PRINTED 103781 AMAZON.COM SALES INC 5,720.52 2023752 05/08/2025 PRINTED 104248 AMS.NET INC 12,870.67 2023753 05/08/2025 PRINTED 104726 ACCENTURE LLP 10,400.00 2023754 05/08/2025 PRINTED 016414 DESTINY ARCE 110.57 2023755 05/08/2025 PRINTED 103528 ARCHITECTURAL RESOURCES G 30,359.43 2023756 05/08/2025 PRINTED 103716 ARROWHEAD SCIENTIFIC INC/ 1,061.69 2023757 05/08/2025 PRINTED 104903 ERIC ARROYO 2,250.00 2023758 05/08/2025 PRINTED 100370 AT&T CORP 309.74 2023759 05/08/2025 PRINTED 100365 AT&T / PACIFIC BELL TELEP 20,092.59 2023760 05/08/2025 PRINTED 100765 MUNISERVICES / AVENU INSI 2,912.50 2023761 05/08/2025 PRINTED 103897 AXON ENTERPRISE INC 8,750.93 2023762 05/08/2025 PRINTED 016416 ERIK AYALA 778.54 2023763 05/08/2025 PRINTED 100413 B & H PHOTO 289.35 2023764 05/08/2025 PRINTED 100502 BADGE FRAME INC 1,410.32 2023765 05/08/2025 PRINTED 103994 BANNER BANK 6,708.14 2023766 05/08/2025 PRINTED 104386 BERG AND ASSOCIATES INC 8,762.72 2023767 05/08/2025 PRINTED 100366 BIO TOX LABORATORIES 3,957.00 2023768 05/08/2025 PRINTED 101696 BLACK AND WHITE EMERGENCY 8,433.92 2023769 05/08/2025 PRINTED 015747 AMY BLAISDELL 563.03 2023770 05/08/2025 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 664,497.64 2023771 05/08/2025 PRINTED 100128 BRODART CO 2,025.81 2023772 05/08/2025 PRINTED 105280 DAMIAN BROWN 65.00 2023773 05/08/2025 PRINTED 105257 JENNIFER BROWN 7,022.00 2023774 05/08/2025 PRINTED 100351 BRUDVIK INC 673.00 2023775 05/08/2025 PRINTED 104912 BUDGET HOLDINGS INC 22,456.00 2023776 05/08/2025 PRINTED 105270 JESSICA KARCHER 900.00 2023777 05/08/2025 PRINTED 101681 CALIFORNIA BARRICADE RENT 584.00 2023778 05/08/2025 PRINTED 101193 CANYON COPY AND PRINT 963.58 2023779 05/08/2025 PRINTED 100551 CAPIO 95.00 2023780 05/08/2025 PRINTED 016155 JAVIER CARRILLO 805.34 Item 1C - Page 4
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/08/2025 14:35
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2023781 05/08/2025 PRINTED 016211 LOIS CASMAN 552.00
2023782 05/08/2025 PRINTED 104992 CAT CITY AUTO BODY INC 3,123.28 2023783 05/08/2025 PRINTED 100112 CDW GOVERNMENT INC 2,226.92 2023784 05/08/2025 PRINTED 103619 CHANDLER ASSET MANAGEMENT 15,239.40 2023785 05/08/2025 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2023786 05/08/2025 PRINTED 100573 CLEAN ENERGY FUELS 3,248.69 2023787 05/08/2025 PRINTED 016076 PATRICK CLIFFORD 519.01 2023788 05/08/2025 PRINTED 100308 CLINICAL LABORATORY OF SA 40.00 2023789 05/08/2025 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 79,520.00 2023790 05/08/2025 PRINTED 105267 GISELA COLON 800.00
2023791 05/08/2025 PRINTED 104778 COMMONWEALTH BUSINESS BAN 66,072.54 2023792 05/08/2025 PRINTED 103834 COMPUTERSHARE TRUST COMPA 2,500.00 2023793 05/08/2025 PRINTED 104051 CONVERGINT TECHNOLOGIES L 37.72 2023794 05/08/2025 PRINTED 100205 NANCY K BOHL INC 1,200.00 2023795 05/08/2025 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 11,402.50 2023796 05/08/2025 PRINTED 100196 COUNTY OF RIVERSIDE 13,841.91 2023797 05/08/2025 PRINTED 100007 CPS HUMAN RESOURCE SERVIC 277.00 2023798 05/08/2025 PRINTED 100490 COACHELLA VALLEY CONSERVA 46,708.20 2023799 05/08/2025 PRINTED 104945 CVL ECONOMICS LLC 52,995.00 2023800 05/08/2025 PRINTED 100115 DANIELS TIRE SERVICE INC 5,113.68 2023801 05/08/2025 PRINTED 100318 DATA TICKET INC 6,089.21 2023802 05/08/2025 PRINTED 016095 MICHAEL DELGADO 1,228.00 2023803 05/08/2025 PRINTED 100265 DELL MARKETING LP 20,160.90 2023804 05/08/2025 PRINTED 100067 DEMCO 156.08
2023805 05/08/2025 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 1,876.98 2023806 05/08/2025 PRINTED 103589 DESERT ARC 180.00
2023807 05/08/2025 PRINTED 103589 DESERT ARC LANDSCAPING 21,576.00 2023808 05/08/2025 PRINTED 100048 DESERT FIRE EXTINGUISHER 1,119.00 2023809 05/08/2025 PRINTED 100150 DESERT PUBLICATIONS INC 393.30 2023810 05/08/2025 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 2,682.28 2023811 05/08/2025 PRINTED 016209 JORGE DIAZ 1,125.00
2023812 05/08/2025 PRINTED 104812 DIGITALRADIUS 40,460.50 2023813 05/08/2025 PRINTED 100254 DOKKEN ENGINEERING 11,897.07 2023814 05/08/2025 PRINTED 101244 DOWNS ENERGY 33,409.86 2023815 05/08/2025 PRINTED 100393 GERGIS YOUSEF 3,677.51 2023816 05/08/2025 PRINTED 100294 DUDEK 126,883.87
2023817 05/08/2025 PRINTED 100054 DESERT WATER AGENCY 28,831.05 2023818 05/08/2025 PRINTED 100054 DESERT WATER AGENCY 60,351.12 2023819 05/08/2025 PRINTED 100054 DESERT WATER AGENCY 2,088.93 2023820 05/08/2025 PRINTED 100054 DESERT WATER AGENCY 18,585.24 2023821 05/08/2025 PRINTED 100054 DESERT WATER AGENCY 3,142.01 2023822 05/08/2025 PRINTED 104000 ECH TOOLS LLC (MATCO TOOL 11,556.08 2023823 05/08/2025 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 8,458.00 2023824 05/08/2025 PRINTED 100305 EISENHOWER MEDICAL CENTER 800.00 2023825 05/08/2025 PRINTED 105260 ELDERBERRY PROPERTIES 6,663.50 2023826 05/08/2025 PRINTED 100274 ENGINEERING RESOURCES OF 29,177.85 2023827 05/08/2025 PRINTED 100226 ENTERPRISE RENT A CAR 860.87 2023828 05/08/2025 PRINTED 016023 EDMAN ESCALLADA 1,150.00 2023829 05/08/2025 PRINTED 016590 BENJAMIN EYE 170.99
2023830 05/08/2025 PRINTED 015933 FLINN FAGG 2,494.66
2023831 05/08/2025 PRINTED 100081 FEDERAL EXPRESS CORPORATI 16.90 2023832 05/08/2025 PRINTED 103451 FIESTA FORD INC 59,030.42 Item 1C - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/08/2025 14:35
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2023833 05/08/2025 PRINTED 100035 FIRST AMERICAN TITLE INSU 4,500.00 2023834 05/08/2025 PRINTED 016230 SARAH FISHKETA 634.13 2023835 05/08/2025 PRINTED 101194 FLEX ADVANTAGE 672.00 2023836 05/08/2025 PRINTED 015746 ROBERT FONTES 78.33 2023837 05/08/2025 PRINTED 103949 FRESHWORKS INC 1989 489.90 2023838 05/08/2025 PRINTED 105193 FRONTIER AIRLINES INC 45,000.00 2023839 05/08/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,129.51 2023840 05/08/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 8,338.74 2023841 05/08/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,891.30 2023842 05/08/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 485.93 2023843 05/08/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 81.36 2023844 05/08/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 851.26 2023845 05/08/2025 PRINTED 101683 FS.COM INC 1,693.38 2023846 05/08/2025 PRINTED 100158 GALLS LLC 1,292.14 2023847 05/08/2025 PRINTED 100742 THE GREATER COACHELLA VAL 360.00 2023848 05/08/2025 PRINTED 100169 GENSLER 14,650.00 2023849 05/08/2025 PRINTED 105269 PETER GLADSTONE 195.00 2023850 05/08/2025 PRINTED 103948 PUSH MEDIA INC 134,354.64 2023851 05/08/2025 PRINTED 016678 NICHOLAS GONZALEZ 408.40 2023852 05/08/2025 PRINTED 016033 DENISE GOOLSBY 286.77 2023853 05/08/2025 PRINTED 103824 GOVOS INC 7,500.00 2023854 05/08/2025 PRINTED 104989 ADAM A CAMPOS 523.00 2023855 05/08/2025 PRINTED 104516 GROUP 4 ARCHITECTURE RESE 18,598.80 2023856 05/08/2025 PRINTED 016554 DEAN GRUBL 37.26 2023857 05/08/2025 PRINTED 105261 ERIC WAYNE GRUVER 485.00 2023858 05/08/2025 PRINTED 101672 GULF CALIFORNIA BROADCAST 1,655.00 2023859 05/08/2025 PRINTED 104807 HARDY AND HARPER INC 26,030.00 2023860 05/08/2025 PRINTED 101343 HARRIS AND ASSOCIATES INC 194,858.68 2023861 05/08/2025 PRINTED 104383 HD SUPPLY INC 13,450.09 2023862 05/08/2025 PRINTED 102960 HI GRADE MATERIALS CO 1,034.27 2023863 05/08/2025 PRINTED 015917 JENNIFER HILL 35.14 2023864 05/08/2025 PRINTED 105265 BRENDAN A HOLMES 3,000.00 2023865 05/08/2025 PRINTED 016154 JASMINE HUGHES 2,120.00 2023866 05/08/2025 PRINTED 016478 THOMAS IBARRA 489.50 2023867 05/08/2025 PRINTED 100494 IMAGE360 - PALM DESERT 2,892.87 2023868 05/08/2025 PRINTED 101421 IMPRESSION DESIGN GROUP 475.08 2023869 05/08/2025 PRINTED 100483 INFOSAT 226.38 2023870 05/08/2025 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 301.25 2023871 05/08/2025 PRINTED 104575 INVESTMENT CONCEPTS 4,429.60 2023872 05/08/2025 PRINTED 104575 INVESTMENT CONCEPTS 2,450.00 2023873 05/08/2025 PRINTED 104575 INVESTMENT CONCEPTS 3,571.33 2023874 05/08/2025 PRINTED 104575 INVESTMENT CONCEPTS 10,082.75 2023875 05/08/2025 PRINTED 101727 IRON MOUNTAIN 264.56 2023876 05/08/2025 PRINTED 016711 JOSHUA JAMIESON 1,615.68 2023877 05/08/2025 PRINTED 105273 CONNIE EILEEN SLADE 4,800.00 2023878 05/08/2025 PRINTED 100444 JESSUP AUTO PLAZA 140.42 2023879 05/08/2025 PRINTED 105284 KALURA TRATTORIA INC 500,000.00 2023880 05/08/2025 PRINTED 015875 REGINA KAYS 641.37 2023881 05/08/2025 PRINTED 100336 KEENAN AND ASSOCIATES 19,299.00 2023882 05/08/2025 PRINTED 105275 STEPHANIE KELLEY-LYNCH 6,200.00 2023883 05/08/2025 PRINTED 103525 KGAY PSP CORPORATION 2,000.00 2023884 05/08/2025 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 2,030.00 Item 1C - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/08/2025 14:35
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2023885 05/08/2025 PRINTED 101606 KINCAID INDUSTRIES INC 69,173.42 2023886 05/08/2025 PRINTED 101200 KOA CORPORATION 139,413.63 2023887 05/08/2025 PRINTED 105114 KOCH FILTER CORPORATION 4,189.92 2023888 05/08/2025 PRINTED 101475 LA PRENSA HISPANA INC 2,295.00 2023889 05/08/2025 PRINTED 016014 JASON LAMB 1,160.00 2023890 05/08/2025 PRINTED 105282 LUIS LARA 398.93 2023891 05/08/2025 PRINTED 103753 LIFE INSURANCE COMPANY OF 49,474.95 2023892 05/08/2025 PRINTED 101260 THE LLOYD PEST CONTROL 143.00 2023893 05/08/2025 PRINTED 103805 M BREY ELECTRIC INC 25,927.00 2023894 05/08/2025 PRINTED 011022 JAIME MACIAS 199.02 2023895 05/08/2025 PRINTED 011071 MICHAEL MAIDMENT 1,441.92 2023896 05/08/2025 PRINTED 103401 MARKS ARCHITECTS 36,360.00 2023897 05/08/2025 PRINTED 104667 MARRS SERVICES INC 9,724.00 2023898 05/08/2025 PRINTED 015732 ALEJANDRO MARTINEZ 1,500.00 2023899 05/08/2025 PRINTED 104365 MEDIWASTE DISPOSAL LLC 175.00 2023900 05/08/2025 PRINTED 105068 MELTWATER NEWS US IN 8,820.00 2023901 05/08/2025 PRINTED 105279 ISMAEL MENDOZA 65.00 2023902 05/08/2025 PRINTED 101798 MIDWEST TAPE INC 5,961.43 2023903 05/08/2025 PRINTED 103926 MUNICIPAL INFORMATION SYS 2,413.00 2023904 05/08/2025 PRINTED 100079 MOHICA TOWING 880.00 2023905 05/08/2025 PRINTED 104649 MOSAIC PUBLIC PARTNERS LL 2,500.00 2023906 05/08/2025 PRINTED 101855 MOTOWORX GARAGE 3,830.74 2023907 05/08/2025 PRINTED 104922 MAURO P GARCIA 41,701.43 2023908 05/08/2025 PRINTED 101304 MWH CONSTRUCTORS INC 38,439.00 2023909 05/08/2025 PRINTED 015653 DAMIEN MYERS 364.50 2023910 05/08/2025 PRINTED 015319 PEDRO NANEZ 1,228.00 2023911 05/08/2025 PRINTED 103465 DESERT AREA CORPORATION 9,795.45 2023912 05/08/2025 PRINTED 100704 NATIONAL TESTING NETWORK 1,000.00 2023913 05/08/2025 PRINTED 104463 NEIGHBORHOOD PARTNERSHIP 2,600.00 2023914 05/08/2025 PRINTED 101453 NETFILE INC 4,750.00 2023915 05/08/2025 PRINTED 101704 NORTH AMERICAN RESCUE LLC 2,830.70 2023916 05/08/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 13,600.81 2023917 05/08/2025 PRINTED 104266 OFRS INC 83,490.78 2023918 05/08/2025 PRINTED 100926 PALM GROVE GROUP LLC 148,360.09 2023919 05/08/2025 PRINTED 104201 PALM PACIFIC CONSTRUCTION 800.00 2023920 05/08/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,776.74 2023921 05/08/2025 PRINTED 105158 TEMECULA AUTO GLASS N TIN 1,351.37 2023922 05/08/2025 PRINTED 016296 FEDERICO PAZ 542.00 2023923 05/08/2025 PRINTED 104525 UNITED TACTICAL SYSTEMS L 2,026.81 2023924 05/08/2025 PRINTED 016643 CHASE PETERS 1,397.60 2023925 05/08/2025 PRINTED 105188 PISTONBONES PRINTING 1,630.98 2023926 05/08/2025 PRINTED 101434 PLACEWORKS 7,363.75 2023927 05/08/2025 PRINTED 103521 PLAZA TOWING INC 2,100.00 2023928 05/08/2025 PRINTED 105180 NAOMI MARX 9,000.00 2023929 05/08/2025 PRINTED 105190 PORTER AIRLINES (CANADA) 32,036.65 2023930 05/08/2025 PRINTED 105264 SPECIALTY PUBLICATIONS OF 1,250.00 2023931 05/08/2025 PRINTED 105053 PRECISION GARAGE DOORS AN 4,720.50 2023932 05/08/2025 PRINTED 101674 PROCAST PRODUCTS INC 513.48 2023933 05/08/2025 PRINTED 101292 PROFESSIONAL MEDICAL WARE 4,886.92 2023934 05/08/2025 PRINTED 100596 PROPER SOLUTIONS INC 20,215.45 2023935 05/08/2025 PRINTED 101580 QUINN POWER SYSTEMS 61,843.73 2023936 05/08/2025 PRINTED 104826 RAFTELIS FINANCIAL CONSUL 13,900.00 Item 1C - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/08/2025 14:35
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2023937 05/08/2025 PRINTED 100213 RIVERSIDE COUNTY LAW ENFO 50.00 2023938 05/08/2025 PRINTED 101739 REFRIGERATION SUPPLIES DI 7,265.98 2023939 05/08/2025 PRINTED 105004 RENEWELL FLEET SERVICE LL 24,230.13 2023940 05/08/2025 PRINTED 015842 RICHARD SALOMON 1,160.00 2023941 05/08/2025 PRINTED 100501 RIVERSIDE COUNTY TREASURE 121.39 2023942 05/08/2025 PRINTED 105192 PUBLIC SERVICE LAW CORPOR 7,547.20 2023943 05/08/2025 PRINTED 103591 RM BROADCASTING LLC 1,587.80 2023944 05/08/2025 PRINTED 103678 ROADRUNNER PRINTING AND S 2,902.78 2023945 05/08/2025 PRINTED 016605 ROXANNE RODRIGUEZ 70.57 2023946 05/08/2025 PRINTED 015021 ROSA ROMO 503.96 2023947 05/08/2025 PRINTED 105032 RPMAYER AND ASSOCIATES LL 15,586.28 2023948 05/08/2025 PRINTED 104059 SAME DAY EXPRESS LLC 3,100.00 2023949 05/08/2025 PRINTED 101429 SANBORN ARCHITECTURE GROU 5,000.00 2023950 05/08/2025 PRINTED 102484 RESORTS PALM SPRINGS LLC 77,501.55 2023951 05/08/2025 PRINTED 016650 ASHLYNN SAUERWEIN 897.60 2023952 05/08/2025 PRINTED 101542 SC COMMERCIAL 12,489.64 2023953 05/08/2025 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 4,971.20 2023954 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 106.39 2023955 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 18,002.08 2023956 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 40.58 2023957 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 166.94 2023958 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,217.51 2023959 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,491.84 2023960 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 48.80 2023961 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,293.46 2023962 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 205.04 2023963 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 98.39 2023964 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 114.21 2023965 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 129.64 2023966 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,679.04 2023967 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24,215.81 2023968 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 103.12 2023969 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 203.83 2023970 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 50.52 2023971 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 676.66 2023972 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 88.25 2023973 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,806.51 2023974 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,178.75 2023975 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 29.34 2023976 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 29,121.44 2023977 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,169.78 2023978 05/08/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,193.53 2023979 05/08/2025 PRINTED 105278 KIANA SCHWINGEL 65.00 2023980 05/08/2025 PRINTED 104407 R & R B INC 8,179.69 2023981 05/08/2025 PRINTED 100435 THE SHREDDERS 63.00 2023982 05/08/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,153.10 2023983 05/08/2025 PRINTED 104322 SOUTHERN CONTRACTING COMP 268,460.60 2023984 05/08/2025 PRINTED 105082 SOUTHERN PACIFIC ENTERPRI 9,120.00 2023985 05/08/2025 PRINTED 100577 SPARKLETTS - DS SERVICES 71.94 2023986 05/08/2025 PRINTED 100577 SPARKLETTS - DS SERVICES 146.88 2023987 05/08/2025 PRINTED 100120 SPOK INC 52.10 2023988 05/08/2025 PRINTED 100284 STANTEC CONSULTING SVCS I 21,179.00 Item 1C - Page 8
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City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/08/2025 14:35
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2023989 05/08/2025 PRINTED 103901 STEVE P RADOS INC 127,454.60 2023990 05/08/2025 PRINTED 015207 KYLE STJERNE 7.00 2023991 05/08/2025 PRINTED 104878 SVT FLEET LLC 19,424.72 2023992 05/08/2025 PRINTED 101651 TIMOTHY F HENDERSHOTT 1,119.38 2023993 05/08/2025 PRINTED 100915 TECHNOLOGY ANGELZ LLC 600.00 2023994 05/08/2025 PRINTED 103046 TERRACON CONSULTANTS INC 1,723.00 2023995 05/08/2025 PRINTED 101852 TESLA ENERGY OPERATIONS I 2,036.63 2023996 05/08/2025 PRINTED 104579 THOMAS S KLISE COMPANY 875.30 2023997 05/08/2025 PRINTED 103602 TIMBERLINE GSE INC 274,500.00 2023998 05/08/2025 PRINTED 104771 AUBREE ENRIQUEZ 1,720.69 2023999 05/08/2025 PRINTED 104308 WS CHIEF CORNERSTONE INC 1,775.00 2024000 05/08/2025 PRINTED 101391 TRANSUNION RISK AND ALTER 512.00 2024001 05/08/2025 PRINTED 102712 TSG ENTERPRISES, INC. 2,697.00 2024002 05/08/2025 PRINTED 100386 U S CUSTOMS SERVICE 5,113.02 2024003 05/08/2025 PRINTED 100386 U S CUSTOMS AND BORDER PR 1,298.00 2024004 05/08/2025 PRINTED 100396 ULINE 12,951.70 2024005 05/08/2025 PRINTED 104834 UNIFIRST CORPORATION 358.22 2024006 05/08/2025 PRINTED 100405 UNION PACIFIC RAILROAD CO 2,055.00 2024007 05/08/2025 PRINTED 104368 UNIVERSAL GREEN LLC 75,950.00 2024008 05/08/2025 PRINTED 101784 V AND V MANUFACTURING 431.30 2024009 05/08/2025 PRINTED 100200 VALLEY LOCK AND SAFE 8,280.79 2024010 05/08/2025 PRINTED 100066 VALLEY MAIL DELIVERY 3,290.00 2024011 05/08/2025 PRINTED 103893 VALLEY VOICE MEDIA 2,975.00 2024012 05/08/2025 PRINTED 104021 VECTOR RESOURCES INC 3,062.36 2024013 05/08/2025 PRINTED 015572 ROBERTO VELAZQUEZ 617.23 2024014 05/08/2025 PRINTED 100267 VEOLIA WATER NORTH AMERIC 16,453.05 2024015 05/08/2025 PRINTED 104034 VERDE FACILITIES SERVICES 2,291.42 2024016 05/08/2025 PRINTED 100144 VERIZON WIRELESS 14,113.09 2024017 05/08/2025 PRINTED 100144 VERIZON WIRELESS 4,159.05 2024018 05/08/2025 PRINTED 100144 VERIZON WIRELESS 133.91 2024019 05/08/2025 PRINTED 104950 VETERANS COMMUNICATION SE 52,020.95 2024020 05/08/2025 PRINTED 100121 VISIT GREATER PALM SPRING 186,509.26 2024021 05/08/2025 PRINTED 104723 DOUGLAS KENZY 3,600.00 2024022 05/08/2025 PRINTED 105063 VIVID ACCENT PAINTING CO 51,360.00 2024023 05/08/2025 PRINTED 101220 WATERLINE TECHNOLOGIES IN 2,648.22 2024024 05/08/2025 PRINTED 100222 WEST COAST ARBORISTS INC 4,200.00 2024025 05/08/2025 PRINTED 105268 WEST COAST SELF STORAGE G 7,000.00 2024026 05/08/2025 PRINTED 100223 WILLIAMS SCOTSMAN INC 453.60 2024027 05/08/2025 PRINTED 016057 KYLE WILSON 1,228.00 2024028 05/08/2025 PRINTED 104533 WITMER PUBLIC SAFETY GROU 731.86 2024029 05/08/2025 PRINTED 104635 WOODCLIFF CORPORATION 1,255,378.28 301 CHECKS CASH ACCOUNT TOTAL 8,243,498.52 .00 Item 1C - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/08/2025 14:35
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
301 CHECKS FINAL TOTAL 8,243,498.52 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 10
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CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING; REVIEW AND
APPROVAL OF REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2025-2026
RECOMMENDATION:
Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2025-2026; and
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.”
2. Attachments
Item 1D
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE
PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT
DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC
HEARING; REVIEW AND APPROVAL OF REPORT OF THE TOURISM
BUSINESS IM PROVEMENT DISTRICT (TBID) ADVISORY BOARD,
FISCAL YEAR 2025-2026
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
The City Council will consider adopting a Resolution of Intention (Attachment A) to levy and collect assessments for the Palm Springs Small Hotel Tourism Business Improvement District and setting the public hearing for June 25, 2025.
RECOMMENDATION:
1. Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2025-2026; and
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.”
STAFF ANALYSIS:
On November 16, 2016, the City Council adopted Ordinance No. 1903 establishing the Palm Springs Small Hotel Tourism Business Improvement District (TBID), and on November 2, 2016, adopted Resolution No. 24127 authorizing the levy of assessments.
TBID is a special benefit assessment district that was established by the City Council, under existing State Law
1, for the specific purpose of funding improvements and activities 1 Parking and Business Improvement Area Law of 1989, Cal Streets and Highways Code §36500et seq.
Item 1D - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Small Hotel Tourism BID
to improve a specific business area and promote tourism within the area in question. The TBID assessment is not on real property, and therefore not subject to Proposition 218.
This mechanism is also in place on larger hotels with an assessment to fund the Greater Palm Springs Convention and Visitors Bureau (GPSCVB) . The establishment and function of the TBID do not impact or pertain to the current GPSCVB assessment.
The TBID Advisory Board has submitted its report for Fiscal Year 2025- 26 (Attachment B) and is recommending the continuation of the 1% assessment on room revenue . The boundaries of the district are citywide, but the assessments would be limited to hotels of 49 rooms or less, of which there are approximately 98 small hotels in Palm Springs.
The activities authorized by Ordinance No. 1903 include: (i) the promotion of tourism within the District; (ii) the promotion of public events that’s benefit hotel and motel businesses operating in the District; (iii) furnishing of music in any public plac e in the District; and (iv) activities that benefit hotel and motel businesses located and operating in the District. The report is on file with the City Clerk’s Office and contains a full and detailed description of: (i) the activities to be provided for the 2025/26 fiscal year; (ii) the boundaries of the District; and (iii) the proposed assessments to be levied upon the businesses within the area for that fiscal year.
In order to levy the assessments, state law requires that the City Council first approve the attached report, then adopt a resolution of intention, declaring the City Council’s intent to levy and collect the assessments. Among other things, the resolution of intention must fix a time and place for a public hearing to be held by the City Council on the levy of the proposed assessments for the fiscal year. That public hearing must be held not less than 10 days after the adoption of the resolution of intention. In addition, state law requires the City Clerk to give notice of the public hearing by causing the resolution of intention to be published in a newspaper of general circulation in the City, not less than 7 days before the public hearing.
The attached resolution of intention contains the information required by state law.
FISCAL IMPACT:
Based upon the current assessment information, the assessment will generate approximately $880,000 in FY 2025- 26 of restricted funds, for the specific purpose of advancing the TBID’s interests.
The City incurred costs in establishing the TBID in FY 2017-18 and will continue to incur costs in annually sustaining the TBID. These annual costs include mailings, hearings, notifications, related staff and research time. TBID administration includes col lection, distribution, and auditing of the assessment, annual report preparation, and City staff time. All administrative staff time and costs are reimbursed from the proceeds of the assessment.
Item 1D - Page 2
City Council Staff Report
June 11, 2025 -- Page 3
Small Hotel Tourism BID
The Director of Finance estimates the cost to proces s monthly assessment returns and payments, collection of monthly assessment returns, annual administrative costs to prepare the notices, and conducting the public hearing to renew the TBID will be approximately $50,000 for FY 2025-26.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Proposed Resolution of Intent
B. Annual TBID Report for FY 2025-26
Item 1D - Page 3
ATTACHMENT A
Item 1D - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY ASSESSMENTS FUNDING THE
PALM SPRINGS SMALL HOTEL TOURISM BUSINESS
IMPROVEMENT DISTRICT, AND SETTING JUNE 25, 2025,
FOR THE PUBLIC HEARING
WHEREAS, the City of Palm Springs is a charter city organized and existing under the laws of the State of California (the “City”); and
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code sections 36500 et seq. (the “Act”) authorizes the City to improve a specific business area and promote tourism within the area in question, and to impose assessments on businesses for those purposes; and WHEREAS, on November 16, 2016, the City Council of the City adopted Ordinance 1903, adding Chapter 5.83 to the Palm Springs Municipal Code, and establishing the Palm Springs Small Hotel Tourism Business Improvement District (the “TBID”); and WHEREAS, on June 11, 2025, the Council considered and approved an annual TBID report identifying activities planned for fiscal year 202 5-26 and consistent with the requirements of Ordinance 1903 and the Act.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council hereby approves the recitals above as true and correct findings, incorporates those findings herein inclusive of all defined terms, and pursuant to the Act, declares its intention to levy and collect assessments within the TBID, a citywide district limited to hotels of forty -nine (49) rooms or less, for fiscal year 2025-26.
2. The programs funded by the TBID shall be for the promotion of the business activity of designated motel and hotels within the district. TBID activities shall include the promotion of tourism in the district, the promotion of public events that benefit motels and hotels operating in the district, the furnishing of music in any public place in the district, and activities that benefit hotel and motel businesses in the district, and possible physical improvements.
3. No changes are proposed as to the TBID’s boundaries, which are co-extensive with the City limits of the City of Palm Springs, or as to the method and basis of levying assessments as established in Ordinance 1903 for fiscal year 2016-17, to wit, the assessm ent shall be at the rate of one percent (1%) of each day's daily gross revenue of room rents received by hotels and motels subject to the assessment for Fiscal Year 2025-26, from July 1, 2025, through June 30, 2026.
Item 1D - Page 5
Resolution No.
New hotel and motel businesses established during fiscal year 202 5-26 within the TBID shall not be exempt from the levy of the assessment.
4. All interested parties should refer to the annual report on file with the City Clerk of the City of Palm Springs, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, prepared by the TBID Advisory Board, and presented to the City Council concurrent with this resolution, which report can also be found online at http://www.palmspringsca.gov. The report contains a detailed description of the activities to be provided for fiscal year 202 5-26, the boundaries of the TBID, and the proposed assessments to be levied upon the businesses within, and subject to, assessments in the TBID for fiscal year 2025-26.
5. NOTICE IS HEREBY GIVEN that Thursday, June 25, 2025, at the hour of 5:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chambers of the City of Palm Springs located at 3200 E. Tahquitz Canyon Way, Palm Springs, California, is fixed as the time and place for a public hearing on the levy of the proposed assessments for fiscal year 2025-26.
At the aforesaid public hearing, the testimony of any and all interested persons for or against the levying of assessments for fiscal year 202 5-26 or the furnishing of specified types of improvements or activities in fiscal year 202 4-25 in the TBID shall be heard and considered by the City Council. Protests against the levying of assessments for fiscal year 202 5-26, the extent of the area of the TBID, or the furnishing of specified types of improvements or activities may be made orally or in writing by any interested person. Each written protest must be filed with the City Clerk, 3200 E. Tahquitz Canyon Way, Palm Springs, California, at or before the time fixed for the public hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest inconsistent with this Resolution shall not be counted in determining a majority protest.
6. If written protests against the levying of assessments for fiscal year 202 5-26 are received from the owners of businesses in the TBID which would pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protest to less than fifty percent (50%), then no further proceedings to levy the proposed assessment may be taken by the City Council for a period of one (1) year from the date of the finding of a majority protest by the City Council. If the majority protest is against the furnishing of a specified Item 1D - Page 6
----
Resolution No.
type or types of improvement or activity within the TBID, then those types of improvements or activities shall be eliminated.
7. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Written protests shall be filed with the clerk at or before the time fixed for hearing.
8. The City Clerk shall give notice of the public hearing pursuant to California Streets and Highways Code Section 36523 by causing the publishing of this Resolution of intention in a newspaper of general circulation in the City once, for at least seven days before the public hearing.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 11
TH DAY OF JUNE 2025.
Scott C. Stiles
City Manager
ATTEST:
Brenda Pree
City Clerk
Item 1D - Page 7
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, B RENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 11 th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of June, 2025.
Brenda Pree, MMC, CERA
City Clerk
Item 1D - Page 8
ATTACHMENT B
Item 1D - Page 9
PALM SPRINGS SMALL HOTEL TOURISM
BUSINESS IMPROVEMENT DISTRICT
“TBID”
CITY OF PALM SPRINGS, CALIFORNIA
REPORT OF THE TBID ADVISORY BOARD
FISCAL YEAR 2025-2026
Introduction
The Advisory Board of the Palm Springs Small Hotel Business Improvement District (the “TBID”), has caused this report to be prepared pursuant to Section 36533 of the Parking and Business Improvement Law of 1989 (Section 36500 and following of the California Streets and Highways Code) (the “Law”).
This report is for the TBID for Fiscal Year 2025-2026, commencing July 1, 2025 and ending June 30, 2026.
As required by the Law, this report contains the following information:
(1) Any proposed changes in the boundaries of the TBID or in any benefit zones within the TBID;
(2) The improvements and activities to be provided for Fiscal Year 2025-2026; (3) An estimate of the cost of providing the improvements and the activities for that fiscal year;
(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2025-2026.
(5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
(6) The amount of any contributions to be made from sources other than assessments levied pursuant to the Law.
Item 1D - Page 10
Advisory Board Report Fiscal Year 2025-2026. Page 2 SECTION 1: Proposed changes in the boundaries of the TBID or in any benefit zones within the TBID.
The boundaries of the TBID are the City Limits of the City of Palm Springs.
These boundaries will continue for Fiscal Year 2025- 2026. There are no benefit zones within the TBID.
SECTION 2: The improvements and activities to be provided for Fiscal Year 2025-2026.
No improvements are proposed to be provided for Fiscal Year 2025-2026. The activities listed in Addendum ‘A’ to this Report are proposed to be provided annually. Not all of these activities may be provided during that Fiscal Year, though work may be done on any or all of the activities during the Fiscal Year.
SECTION 3: An estimate of the cost of providing the improvements and the activities for Fiscal Year 2025-2026.
The total cost of providing the activities is estimated to be $ 1,358,000.00. The budget for providing the activities is set forth in Addendum ‘A’ to this Report.
SECTION 4: The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2025-2026.
Except where otherwise defined in this Report, all capitalized terms shall have the meanings set forth in the Palm Springs Municipal Code. Additionally, the following terms shall have the following meanings:
A. “Gross Occupancy Revenue” means the total Rent received from Transients by a Hotel and Motel Business.
B. “Hotel and Motel Business” means any Operator of a Hotel.
C. “Transient Occupancy Tax” means the tax imposed by the City in the Municipal Code.
The Assessment will be levied against each Hotel and Motel Business in the City consisting of 49 rooms or less. No other business shall be subject to the Assessment.
The Assessment will be calculated as a percentage of each day’s Gross Occupancy Revenue. The rate of the Assessment will be set annually by resolution of the City Council adopted pursuant to Section 36535 of the Law. For Fiscal Year 2025-2026 the rate is recommended to be one percent (1.0%).
Item 1D - Page 11
Advisory Board Report Fiscal Year 2025-2026 Page 3 The Assessment calculated based on each day’s Gross Occupancy Revenues shall be paid to the City no later than the date on which the Hotel and Motel Business is required, pursuant to the Palm Springs Municipal Code, to remit to the City the Transient Occupancy Tax collected by the Hotel and Motel Business on that day.
New Hotel and Motel Businesses established in the District after the beginning of any fiscal year shall not be exempt from the levy of the assessment for that fiscal year but shall instead be subject to the assessment.
SECTION 5: The amount of any surplus or deficit revenues to be carried over from a previous fiscal year
It is projected that $ 485,180.00 in TBID revenues will be carried over from Fiscal Year 2024-2025 to Fiscal Year 2025-2026 to fund activities of the TBID.
SECTION 6: The amount of any contributions to be made from sources other than assessments levied pursuant to the Law.
Assessment Proceeds are estimated to be approximately $ 880,000.00 for Fiscal Year 2024-2025. There are no contributions expected from other funding sources.
Assessment proceeds will be spent only on activities authorized in the resolutions of the City Council of the City of Palm Springs establishing the TBID and/or levying the assessments.
Submitted by: Michael C. Green, President, on behalf of the TBID Advisory Board to the Office of the City Clerk on May 14, 2025.
Item 1D - Page 12
Activities, Programs and Services
To be Funded by
Palm Springs Small Hotel TBID
Fiscal Year 2025-2026
Addendum "A"
Projected Budget
Est. Carry-Over from 2024-2025 $ 485,180.00
Estimated collections for 2025-2026 $ 880,000.00
Total Estimated Budget (2025-2026) $ 1,365,180.00
Advertising and Direct Marketing
Ad Media $ 600,000.00
PPC $ 85,000.00
Social Media $ 35,000.00
New Media Opps./Summer Splash $ 50,000.00
Creative Development/Project Direction $ 25,000.00 Agency Fees $ 42,000.00
Photography $ 15,000.00
Video Production $ 50,000.00
Print Collateral/Printing $ 5,000.00
Website Development/Programming $ 35,000.00 Database Research and Development $ 10,000.00
Public Relations
PR Agency Fees $ 42,000.00
Newsletters, Paid Articles & Blogs $ 50,000.00 Fams and Missions $ 30,000.00
Social Media Content, Sprout $ 18,000.00
Media Monitoring $ 15,000.00
Special Programs/Artist in Residence $ 120,000.00
Promotions and Events $ 30,000.00
Office Supplies/Postage $ 1,000.00
Research $ 50,000.00
Administration $ 50,000.00
Costs of collecting and administering the assessment
(reimbursed to the city of Palm Springs)
Total Projected Spending for 2025-2026 (Budgeted) $ 1,358,000.00 Fund Balance $ 7,180.00
Item 1D - Page 13
Addendum "B"
Projected Spending Activities, Programs and Services
of the
Palm Springs Small Hotel TBID
Fiscal Year 2024-2025
Advertising and Direct Marketing
Ad Media $ 600,000.00
PPC $ 85,000.00
Social Media $ 35,000.00
New Opportunities, Summer Splash $ 69,237.00 Creative Development/Project Direction $ 20,000.00 Agency Fees $ 36,000.00
Video Production $ 50,000.00
Photography $ 11,000.00
Print Collateral/Printing $ 0
Website Development/Programming $ 50,000.00 Database Research and Development $ 21,000.00
Public Relations
Newsletters, Paid Articles & Blogs $ 30,000.00 Fams and Missions $ 5,000.00
PR Agency Fees $ 36,000.00
Media Monitoring $ 15,000.00
Special Programs/Artist in Residence $ 0
Promotions and Events $ 0
Office Supplies/Postage $ 1,000.00
Research $ 50,000.00
Administration $ 50,000.00
Costs of collecting and administering the assessment
(reimbursed to the city of Palm Springs)
Total Projected Spending for 2024-2025 (Budgeted) $ 1,139,237.00
Carry-over from Fiscal Year 2023-2024 $ 740,245.00
Projected Assessment Collections for 2024-2025 (Per TBID Estimate) $ 884,172.00 $ 1,624,417.00
<$ 1,139,237.00 >
Projected Carry-over (Based on Projected Assessment Collections) $ 485,180.00
1 Item 1D - Page 14
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 2111 APPROVING THE 2025 FIRE HAZARD SEVERITY ZONE MAP, AMENDMENTS TO CHAPTER
8.04 (FIRE CODE) OF THE PALM SPRINGS MUNICIPAL CODE, AND THE AMENDMENT OF APPENDIX S – VEGETATION MANAGEMENT GUIDELINE RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2111 entitled, “ AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES WITHIN THE CITY
OF PALM SPRINGS BASED ON MAPS PROVIDED BY THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION, AMENDING CHAPTER
8.04 OF THE PALM SPRINGS MUNICIPAL CODE, AND APPROVING
AMENDMENTS TO THE PALM SPRINGS FIRE DEPARTMENT VEGETATION MANAGEMENT GUIDELINES."
Attachments
Item 1E
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2111 APPROVING THE 2025 FIRE HAZARD SEVERITY ZONE MAP,
AMENDMENTS TO CHAPTER 8.04 (FIRE CODE) OF THE PALM SPRINGS MUNICIPAL CODE, AND THE AMENDMENT OF APPENDIX S –
VEGETATION MANAGEMENT GUIDELINE
FROM: Scott C. Stiles, City Manager
BY: Office of the City Clerk
SUMMARY:
The Palm Springs Fire Department recommends the City Council adopt, by ordinance, the 2025 Fire Hazard Severity Zone (FHSZ) Map for the Local Responsibility Area (LRA), amendments to Chapter 8.04 (Fire Code) of the Palm Springs Municipal Code, and amendments to Appendix S – Vegetation Management Guidelines for implementation.
These actions are part of the City's commitment to enhance wildfire resilience and community safety.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2111 entitled, “ AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF PALM
SPRINGS BASED ON MAPS PROVIDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, AMENDING CHAPTER 8.04 OF THE PALM
SPRINGS M UNICIPAL CODE, AND APPROVING AMENDMENTS TO THE PALM SPRINGS FIRE DEPARTMENT VEGETATION MANAGEMENT GUIDELINES."
STAFF ANALYSIS:
On May 28, 2025, Ordinance N o. 2111 was introduced for first reading, in conjunction with the consent calendar:
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0 to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 2111 entitled, “ AN ORDINANCE OF THE CITY OF PALM Item 1E - Page 1
Item 1E - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Second Reading & Adoption – Ordinance No. 2111
SPRINGS, CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES WITHIN
THE CITY OF PALM SPRINGS BASED ON MAPS PROVIDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, AMENDING CHAPTER 8.04
OF THE PALM SPRINGS MUNICIPAL CODE, AND APPROVING AMENDMENTS TO
THE PALM SPRINGS FIRE DEPARTMENT VEGETATION MANAGEMENT
GUIDELINES”
City Attorney’s Summary: This Ordinance adopts the updated 2025 Fire Hazard Severity Zone Map for the City of Palm Springs consistent with state law and the City’s goals of enhancing public safety, climate resilience, and responsible land management. This Ordinance also proposes amendments to the City’s Fire Code and the City Fire Department’s Vegetation Management Guidelines regarding the same subject matter.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Ordinance No. 2111
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Item 1E - Page 2
ATTACHMENT A
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Item 1E - Page 3
ORDINANCE NO. 2111
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY
ZONES WITHIN THE CITY OF PALM SPRINGS BASED ON
MAPS PROVIDED BY THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION, AMENDING
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, AND APPROVING AMENDMENTS TO THE PALM
SPRINGS FIRE DEPARTMENT VEGETATION
MANAGEMENT GUIDELINES
City Attorney’s Summary
This Ordinance adopts the updated 2025 Fire Hazard Severity Zone Map for the City of Palm Spr ings consistent with state law and the City’s goals of enhancing public safety, climate resilience, and responsible land management. This
Ordinance also proposes amendments to the City’s Fire Code and the City Fire Department’s Vegetation Management
Guidelines regarding the same subject matter.
WHEREAS, Government Code Section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones (“FHSZs”) based on consistent statewide criteria and severity of fire hazard that is expected to prevail in those areas; and
WHEREAS, on March 24, 2025, the California Department of Forestry and Fire Protection published a new Local Responsibility Area Fire Hazard Severity Zone Map for the City; and
WHEREAS, the Palm Springs Fire Department has reviewed the FHSZ map and believes it accurately represents the fire hazard zones within the City; and
WHEREAS, within 30 days of receiving the transmission from the State Fire Marshal identifying the FHSZs, the City made the information availabl e for public review and comment; and
WHEREAS, the City Council desires to designate by ordinance the FHSZs in its jurisdiction recommended by the State Fire Marshal pursuant to Government C ode Section 51178; and
WHEREAS, the City Council deems it desirable to amend Appendix S – Vegetation Management Guidelines to reflect new vegetation clearance requirements and best practices for wildfire mitigation and enforcement in designated zones and further desires to adopt corresponding amendments to the Chapter 8.04 (Fire Code) of the Palm Springs Municipal Code regarding the same; and
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Ordinance No. 2111
WHEREAS, based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed Ordinance complies with the California Environmental Quality Act for the reasons set forth in this Ordinance; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. The City Council finds that the proposed actions are not a project subject to the California Environmental Quality Act (“CEQA”). (State CEQA Guidelines, § 15060(c)(3).) Section 15378 of the State CEQA Guidelines provides that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not qualify as a project subject to CEQA. Here, the proposed actions constitute an organization or administrative activity that will not result in direct or indirect physical changes in the environment because it involves the designation of FHSZs in the Local Responsibility Areas as recommended by the Office of the State Fire Marshal and amendments to the City’s Fire Code and vegetation management guidelines concerning the same subject matter. Accordingly, the proposed actions are not a project subject to CEQA.
Even if the proposed actions do qualify as a project subject to CEQA, they would be exempt from CEQA because it can be seen with certainty that there is no possibility that the proposed actions in question may have a significant effect on the environment for the same reasons referenced above. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 3. The City Council hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. The map, approved by the City, is attached hereto as Attachment “B” entitled “City of Palm Springs Fire Hazard Severity Zones” dated March 24, 2025, and hereby incorporated by reference. The official map is also located electronically on the following website:
https://calfire.app.box.com/s/wahuw9ny7cgn89xpxh7092ur50r1pwvj/file/181097524525
4. SECTION 4. The following portions of Section 8.04.510 (California Fire Code – Additions, Amendments and Deletions) of the Palm Springs Municipal Code are hereby amended in their entirety to read as follows with deletions in strikethrough text. Except as otherwise expressly provided in this Section 4, all other remaining provisions of Section 8.04.510 shall remain unchanged and continue in full force and effect:
11) Amend subsection 304.1.2, Vegetation, to read as follows:
Item 1E - Page 5
Item 1E - Page 5
Ordinance No. 2111
304.1.2 Vegetation. Weeds, grass, vines or other growth, as determined by the Fire Code Official, that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.
Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with PSFD Appendix S "Vegetation Management in Fire Hazard Severity Zones."
24) Add new Section 321, Fuel modification requirements for new construction, to read as follows:
Section 321 Fuel modification requirements for new construction
321.1 Fuel modification requirements for new construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of PSFD Appendix S "Vegetation Management in Fire Hazard Severity Zones."
35) Amend subsection 501.1, Scope, to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the Fire Code Official, with PSFD Appendix S "Vegetation Management in Fire Hazard Severity Zones."
80) Amend subsection 4906.3, Requirements, to read as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation "General Guideline to Create Defensible Space").
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. PSFD's Appendix S (Vegetation Management in Fire Hazard Severity Zones).
81) Add new Section 4908, Fuel Modification Requirements for New Construction to read as follows:
SECTION 4908 FUEL MODIFICATION REQUIREMENTS FOR NEW
CONSTRUCTION
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Item 1E - Page 6
Ordinance No. 2111
4908.1 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following:
1. Preliminary fuel modification plans shall be submitted to and approved by the Fire Code Official prior to or concurrently with the approval of any tentative map.
2. Final fuel modification plans shall be submitted to and approved by the Fire Code Official prior to the issuance of a grading permit.
3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of PSFD Appendix S "Vegetation Management in Severity Zones."
1.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.
4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the Fire Code Official.
5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.
98) Add Appendix "S", Vegetation Management in Very High Fire Hazard Severity Zones.
SECTION 5. Section 8.04.520 (Reserved) is hereby amended in its entirety to read as follows:
Section 8.04.520 Fire Hazard Severity Zones.
The Local Responsibility Area Fire Hazard Severity Zones map for the City of Palm Springs dated March 24, 2024, as identified by the State Fire Marshal, is hereby adopted by the City of Palm Springs and incorporated herein for all purposes.
SECTION 6 . The City Council hereby approves the amended Appendix S – Vegetation Management Guidelines, attached hereto as Attachment “C” and incorporated herein by reference, as an official City document for public safety and enforcement in designated zones.
SECTION 7. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development and the State Board of Forestry and Fire Protection within 30 days of adoption and take any necessary and proper actions to post all notices required under Government Code Section 51179.
SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared Item 1E - Page 7
Item 1E - Page 7
Ordinance No. 2111
invalid or unconstitutional.
SECTION 9. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Palm Springs, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. The City Clerk is the custodian of the record of proceedings.
SECTION 10. This Ordinance takes effect thirty days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 28TH DAY OF MAY, 2025.
RON DEHARTE
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1E - Page 8
Item 1E - Page 8
Ordinance No. 2111
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2111 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 28, 2025 and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 1E - Page 9
Item 1E - Page 9
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 2112 APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895-SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08-ACRE UNDEVELOPED SITE LOCATED AT THE
SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2112 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895-SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08-ACRE UNDEVELOPED SITE
LOCATED AT THE SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19.”
Attachments
Item 1F
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 211 2 APPROVING CASE COZ -2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO
‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895 -SF BANK AND AN AUXILIARY DRIVE -THRU FACILITY AT A 1.08 -ACRE
UNDEVELOPED SITE LOCATED AT THE SOUTHEAST CORNER OF
EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P,
SECTION 19
FROM: Scott C. Stiles, City Manager
BY: Office of the City Clerk
SUMMARY:
The purpose of this hearing is to consider a Change of Zone application for a proposed new 2,895 square foot bank and an auxiliary drive -thru facility on a 1.08 -acre undeveloped site located at the southeast corner of East Ramon Road and South Calle Santa Cruz. The application proposes to amend the current zone designation of ‘Professional’ (P) to ‘Service/Manufacturing’ (M -1). At its April 22, 2025 meeting, the Planning Commission voted unanimously to recommend approval of the application to the City Council, subject to conditions of approval.
RECOMMENDATION :
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 211 2 entitled, “ AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO
‘SERVICE/MANUFACTURING’ (M -1) FOR A PROPOSED NEW 2,895 -SF BANK AND AN AUXILIARY DRIVE- THRU FACILITY AT A 1.08 -ACRE UNDEVELOPED SITE
LOCATED AT THE SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19.”
Item 1F - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Second Reading & Adoption – Ordinance No. 2112
STAFF ANALYSIS:
On May 28, 2025, Ordinance No. 2112 was introduced for first reading as noted below:
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0 to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 2112 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M -1) FOR A PROPOSED NEW 2,895 -SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08-ACRE UNDEVELOPED SITE
LOCATED AT THE SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19.”
City Attorney’s Summary: This Ordinance amends the zoning designation of property located at the southeast corner of E. Ramon Road and S. Calle Santa Cruz from “Professional” (P) to “Service/Manufacturing” (M -1) for the construction of a bank and auxiliary drive-thru facility.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Ordinance No. 2112
Item 1F - Page 2
AT
TACHMENT A
Item 1F - Page 3
ORDINANCE NO. 2112
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CASE COZ -2024-0001,
CHANGE OF ZONE, TO AMEND THE CURRENT ZONE
DESIGNATION OF ‘PROFESSIONAL’ (P) TO
‘SERVICE/MANUFACTURING’ (M -1) FOR A PROPOSED
NEW 2,895- SF BANK AND AN AUXILIARY DRIVE -THRU
FACILITY AT A 1.08 -ACRE UNDEVELOPED SITE
LOCATED AT THE SOUTHEAST CORNER OF EAST
RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE
P, SECTION 19.
City Attorney’s Summary
This Ordinance amends the zoning designation of property located at the southeast corner of E. Ramon Road and S.
Calle Santa Cruz from “Professional” (P) to
“Service/Manufacturing” (M-1) for the construction of a bank and auxiliary drive-thru facility.
WHEREAS, Sun Community Federal Credit Union, (the “Applicant”) has filed COZ- 2024-0001 (Change of Zone), CUP-2024-0009 (Conditional Use Permit), DP-2024-0005 (Major Development Permit), AR -2024-0054 (Architectural Review), and AMM -2024- 0056 (Administrative Minor Modifications) applications in accordance with Sections
94.07.00 (Change of Zone), 94.02.00 (Conditional Use Permit), 94.04.01 (Development Permit), 94.04.00 (Architectural Review), and 94.06.01 (Administrative Minor Modifications) and of the P alm Springs Zoning Code for the construction of a 2,895- SF bank and auxiliary drive- thru facility at a 1.08- acre undeveloped site located at the southeast corner of East Ramon Road and South Calle Santa Cruz, Zone P; and
WHEREAS, the Applicant has requested a Change of Zone to change the site’s current ‘Professional’ (P) zoning designation to ‘Service/Manufacturing’ (M-1); and
WHEREAS, the Applicant has requested Major Development Permit, Conditional Use Permit, and Administrative Minor Modifications approval for the construction of a new 2,895-SF bank with a reduced yard setback of 22.6 feet instead of the code- required 25 feet along the East Ramon Road frontage, in addition to an auxiliary drive- thru facility; and
WHEREAS, the approval authority of the Administrative Minor Modifications application is the Director of Planning Services, and the application is excluded from the purview of the Planning Commission’s review; and
Item 1F - Page 4
Ordinance No. 2112
WHEREAS, on April 22, 2025, a public hearing to consider Cases COZ-2024- 0001, CUP-2024-0009, and DP -2024-0005 was held by the Planning Commission in accordance with applicable law; the Planning Commission voted unanimously to approve CUP-2024-0009 and DP-2024-0005 subject to conditions of approval and recommended approval of COZ-2024-0001 to the City Council; and
WHEREAS, the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and
WHEREAS, on May 28, 2025, the City Council held a duly noticed public hearing on the Project in accordance with applicable law. The City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the IS/MND prepared for the project and all written and oral testimony presented, and found the IS/MND to be in compliance with CEQA and found that any potentially significant environmental impacts outlined in the report will be adequately mitigated to less than significant levels; and
WHEREAS, at the conclusion of the May 28, 2025 public hearing, the City Council introduced and waived further reading of this Ordinance adopting the final MND and to change the current zoning designation of the subject property from ‘Professional’ (P) to ‘Service/Manufacturing’ (M-1).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . That the recitals reflected above are true and correct , and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.
SECTION 2 . That the conditions required to approve a change of zone, as established by Zoning Code Section 94.07.00(A) have been met, as follows:
1. The proposed change of zone is in conformity with the general plan map and report.
The site’s General Plan land use designation is O (Office), which is intended for the development of professional offices, office operation- related retail uses, and hotels as a part of a business or corporate park (Palm Springs 2024 General Plan, page 2-16). The Service/Manufacturing (M -1) Zone is “… intended to provide for the development of service industries for commercial and hotel uses… ” (PSZC Section 92.17.00.A). Since the M -1 Zone is intended to provide services that support commercial activities and the operation of professional offices is generally associated with commercial services, the proposed Change of Zone is in Item 1F - Page 5
Ordinance No. 2112
conformity with the General Plan.
2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council.
In the M -1 Zone, a variety of service and manufacturing- related activities are permitted. The site meets the minimum lot size requirement of the M-1 Zone, and the site is easily accessible from two major thoroughfares, a collector street, and a local street. Due to its proximity to the streets, the site has logistical advantage to support the service and manufacturing uses that are permitted in the zone. The abutting parcels to the east are City-owned parcels that are currently vacant, and the north side of East Ramon Road are City -owned parcels that are a part of the airport. The site is closely located to other parcels that are zoned M -1, and a mix of uses that are permitted in the M -1 Zone and the General Plan O (Office) land use designation area is observed in the site’s vicinity. Therefore, it is suitable for the uses that are permitted in the zone.
3. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents.
The M -1 Zone allows more diversified land uses compared to the P Zone.
Therefore, the proposed M -1 Zone designation is desirable for the site which is located in the P and M -1 Zone transitional area and has been undeveloped for years. The Change of Zone will expand the viability of the site in terms of its development potential by providing new and additional opportunities. The site is adjacent to professional office uses on its west and south sides. While a variety of land uses are allowed in the M -1 Zone, the site’s O (Office) General Plan land use designation will encourage service- oriented uses, rather than manufacturing or lighting industrial uses, which would be more compatible with the existing land uses within the immediate surroundings.
SECTION 3. That the zoning amendment is hereby approved subject to conditions of approval attached as Exhibit “A”.
SECTION 4. That following independent review and analysis, the Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s CEQA Guidelines and that, with the incorporation of mitigation measures, the implementation of the project will have a less than significant impact on the environment.
SECTION 5. Pursuant to California Law, this Ordinance was introduced at first reading on May 28, 2025 and adopted following second reading on _____, 2025 for the approval of Case COZ -2024-0001 Change of Zone and the Mitigated Negative Declaration.
Item 1F - Page 6
Ordinance No. 2112
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
RON DEHARTE
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1F - Page 7
Ordinance No. 2112
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2112 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 28, 2025 and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 1F - Page 8
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 2113 AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE
PREVENTION, MODIFYING FLOODPROOFING AND FREEBOARD
REQUIREMENTS FOR MECHANICAL AND UTILITY EQUIPMENT, AND FOR
MANUFACTURED HOMES
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2113 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION, MODIFYING FLOODPROOFING
AND FREEBOARD REQUIREMENTS FOR MECHANICAL AND UTILITY
EQUIPMENT, AND FOR MANUFACTURED HOMES”
Attachments
Item 1G
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 211 3 AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD
DAMAGE PREVENTION, MODIFYING FLOODPROOFING AND
FREEBOARD REQUIREMENTS FOR MECHANICAL AND UTILITY
EQUIPMENT, AND FOR MANUFACTURED HOMES
FROM: Scott C. Stiles, City Manager
BY: Office of the City Clerk
SUMMARY:
The proposed Ordinance will amend the Palm Springs Municipal Code to clarify freeboard and floodproofing requirements for mechanical and utility equipment and for manufactured homes.
RECOMMENDATION :
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2113 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION, MODIFYING FLOODPROOFING
AND FREEBOARD REQUIREMENTS FOR MECHANICAL AND UTILITY
EQUIPMENT, AND FOR MANUFACTURED HOMES ”
STAFF ANALYSIS:
On May 28, 2025, Ordinance No. 2113 was introduced for first reading as noted below:
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0 to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 21113 entitled, ““AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION, MODIFYING
FLOOD PROOFING AND FREEBOARD REQUIREMENTS FOR MECHANICAL AND UTILITY EQUIPMENT, AND FOR MANUFACTURED HOMES.”
Item 1G - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Second Reading & Adoption – Ordinance No. 2113
City Attorney’s Summary: The Community Rating System (CRS) is a voluntary program that provides flood insurance premium discounts to communities that implement programs and measures that exceed the minimum floodplain management requirements of the National Flood Insurance program (NFIP). The CRS credits community efforts that exceed the minimum floodplain management requirements of the NFIP. The Federal Emergency Management Agency requested certain amendments to Chapter 8.68 to modify floodproofing and freeboard requirements for mechanical and utility equipment and for manufactured homes to exceed those requirements. This ordinance accomplishes those requested amendments.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Ordinance No. 2113
Item 1G - Page 2
AT
TACHMENT A
Item 1G - Page 3
ORDINANCE NO. 2113
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL
CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION,
MODIFYING FLOODPROOFING AND FREEBOARD
REQUIREMENTS FOR MECHANICAL AND UTILITY
EQUIPMENT, AND FOR MANUFACTURED HOMES
City Attorney’s Summary
The Community Rating System (CRS)is a voluntary program that provides flood insurance premium discounts to
communities that implement programs and measures that
exceed the minimum floodplain management requirements of the National Flood Insurance program (NFIP). The CRS
credits community efforts that exceed the minimum floodplain management requirements of the NFIP. The Federal
Emergency Management Agency requested certain
amendments to Chapter 8.68 to modify floodproofing and
freeboard requirements for mechanical and utility equipm ent and for manufactured homes to exceed those requirements.
This ordinance accomplishes those requested amendments.
WHEREAS, on March 12, 2008, the Palm Springs City Council adopted Ordinance No. 1739, repealing Sections 93.17.00 through 93.17.18 of the Palm Springs Zoning Code, and adopting Chapter 8.68 “Flood Damage Prevention” of the Palm Springs Municipal Code; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has requested certain amendments to the ordinance to modify floodproofing and freeboard requirements for mechanical and utility equipment and for manufactured homes;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. SECTION 8.68.170 AMENDED. Section 8.68.170 ( Standards of Construction) of Chapter 8.68 ( Flood Damage Prevention) of Title 8 (Buildings and Construction) of the Palm Springs Municipal Code is hereby amended to read as follows:
“8.68.170. Standards of Construction.
(a) [Text unchanged]
(b) Construction Materials and Methods.
All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
Item 1G - Page 4
Ordinance No. 2113
(1) With flood resistant materials; and utility equipment resistant to flood damage for areas below the base flood elevation;
(2) Using materials that minimize flood damage;
(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located a minimum of one -foot above Base Flood Elevation (BFE) so as to prevent water from entering or accumulating within the components during conditions of flooding; and (4) Within all Special Flood Hazard Areas (SFHA) zones, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(c) Elevation and Floodproofing.
(1) Residential Construction [Text unchanged]
(2) Nonresidential Construction [Text unchanged]
(3) Flood Openings [Text unchanged]
(4) Manufactured Homes [Text unchanged]
(5) Garages and Low Cost Accessory Structures.
(A) Attached Garages. [Text unchanged]
(B) Detached Garages and Accessory Structures.
(i)”Accessory structures” used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 8.68.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and construc ted in accordance with the following requirements:
a. [Text unchanged]
b. [Text unchanged]
c. [Text unchanged]
d. Any mechanical and utility equipment in the accessory structure must be elevated one-foot above the BFE or floodproofed;
e. [Text unchanged]
(ii) [Text unchanged]
(6) Crawlspace Construction. [Text unchanged]”
SECTION 2. SECTION 8.68.20 0 AMENDED. Section 8.68. 200 (Standards of Construction) of Chapter 8.68 (Flood Damage Prevention) of Title 8 (Buildings and Construction) of the Palm Springs Municipal Code is hereby amended to read as follows:
“8.68.200. Standards for manufactured homes.
(a) [Text unchanged]
(b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1- 30, AH and AE on the city’s flood insurance rate map that are not subject to the provisions of Section 8.68.200(a) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement, and be elevated so that the lowest floor of the manufactured home is at least two- feet above the base flood elevation.
Item 1G - Page 5
Ordinance No. 2113
Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.”
SECTION 3. CEQA. This action is exempt from environmental review under Section 15308 of the California Environmental Quality Act because it is an action by a regulatory agency for the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The regulations will prevent flooding that can harm groundwater, wildlife and plants, sensitive habitats, and human health. In addition, adoption of these standards is mandatory to conform to federal regulations required by the National Flood Insurance Program. As a result, the adoption of thi s ordinance is a ministerial action that is statutorily exempt from CEQA under Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268.
SECTION 4. The Mayor shall sign and the City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____
TH DAY OF ______________, 2025.
RON DE HARTE
MAYOR
ATTEST:
BRENDA PREE
CITY CLERK
Item 1G - Page 6
Ordinance No. 2113
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2113 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on 28
th day of May 2025 and adopted
at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2025.
BRENDA PREE
CITY CLERK
Item 1G - Page 7
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
APPROVE THREE-YEAR LEASE AGREEMENT NO. 25L155 WITH PACIFIC
CASTLE RIMROCK, LLC FOR TEMPORARY LIBRARY LOCATION FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION, PROJECT NO. 16-08
RECOMMENDATION:
Approve Lease Agreement No. 25L155 with Pacific Castle Rimrock, LLC subject to final City Manager and City Attorney approval as to form, for the lease of 6,001 square feet storefront, effective July 1, 2025 through June 30, 2028, with two (2) consecutive six-month options to extend by the Lessee in an amount not to exceed $514,166.00.
1. Authorize the City Manager or designee to execute all necessary documents.2.
Attachments
Item 1H
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: APPROVE THREE-YEAR LEASE AGREEMENT NO. 25L155 WITH
PACIFIC CASTLE RIMROCK, LLC FOR TEMPORARY LIBRARY
LOCATION FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION ,
PROJECT NO. 16-08
FROM: Scott C. Stiles, City Manager
BY: Library
SUMMARY:
This action will approve a three (3) year lease agreement for 6,001 square foot storefront, located at 4721 East Palm Canyon Drive, Suite A-E, Palm Springs, CA 92264 between the City of Palm Springs and Pacific Castle Rimrock, LLC for the temporary library location for Palm Springs Public Library Renovation Project 16-08, Main Library Renovations with a base rent of $2.31/square foot, with an increase annually of three (3%) percent with a not-to-exceed total of $514,166.00.
RECOMMENDATION:
1) Approve L ease Agreement No. 25L155 with Pacific Castle Rimrock, LLC (Attachment A) subject to final City Manager and City Attorney approval as to form, for the lease of 6,001 square feet storefront, effective July 1, 2025 through June 30, 2028, with two (2) consecutive six-month options to extend by the Lessee in an amount not to exceed $514,166.00.
2) Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Pacific Castle Rimrock , LLC is a limited liability company registered in the State of Delaware. The Public Integrity Disclosure form will be provided prior to the June 11, 2025 meeting as Attachment B.
Item 1H - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Lease Agreement-Temporary Library Location
BACKGROUND:
On September 29, 2022, the City Council accepted $6,569,942 in matching grant funds from the California State Library under the Building Forward Grant Program for the Palm Springs Public Library Renovation, with a grant completion deadline of March 31, 2026.
On January 11, 2024, the City Council approved the Scope of Work for the Library renovation project.
On May 28, 2025, the City Council authorized the issuance of lease revenue bonds to fund Library and Swim Center renovation projects in an amount not to exceed $40,000,000.
STAFF ANALYSIS:
To complete this renovation project in a timely manner, library operations must relocate to a temporary site within the city of Palm Springs. The new facility, situated in a high- traffic shopping center, offers convenient parking and access to public transportation. The shopping center owners have made several improvements to the space, including new exterior windows and doors, fresh interior paint, carpet, and updated window shades.
A formal lease agreement (Attachment A) has been developed with the assistance of the City’s on-call real estate brokerage firm, CBRE. Rental rates for the temporary library include an annual rental increase of three (3%) percent as detailed in section 1.10 of the lease agreement.
The City of Palm Springs is responsible for additional tenant improvements, including the installation of a service counter, library furnishings, signage, and computers. Any construction or electrical work not covered by the lease agreement will also be managed by the City. The City is responsible for insurance, utilities, janitorial, and ongoing maintenance of city-owned equipment on site.
Although the temporary library is not centrally located, l ibrary staff will conduct outreach at community centers, local schools, and other community partner facilities throughout the city.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not Item 1H - Page 2
City Council Staff Report
June 11, 2025 -- Page 3
Lease Agreement-Temporary Library Location
result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item supports City Council Broad Strategic Goal, Improve Infrastructure and Facilities.
FISCAL IMPACT:
Sufficient funding will be provided via the issuance of Library Renovation General Obligation Bond.
The City of Palm Springs shall be responsible for basic utility costs, including water, gas, heat, electricity, and sewer. City of Palm Springs will also be responsible for other costs, including telephone, broadband internet, and other telecommunication and security services. Additional tenant improvements to the interior space will be at the expense of the City of Palm Springs.
REVIEWED BY:
Library Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Draft Pacific Castle Rimrock Lease Agreement No. 25L155 B. Public Integrity Disclosure (to be provided prior to June 11, 2025 meeting)
Item 1H - Page 3
ATTACHMENT A
Item 1H - Page 4
DRAFT TEMPORARY LIBRARY LEASE AGREEMENT
In consideration of the rents and covenants hereinafter set forth, Landlord (as defined below) hereby leases to Tenant (as defined below), and Tenant hereby leases from Landlord, the following described Premises upon the following terms and conditions:
ARTICLE 1
FUNDAMENTAL LEASE PROVISIONS
1.1 Landlord: Pacific Castle Rimrock, LLC, a Delaware limited liability company
1.2 Tenant: City of Palm Springs
1.3 Tenant's Trade Name: Palm Springs Public Library (§4.1)
1.4 Effective Date: ______________________ (date of full execution of Lease). (§3.1)
1.5 Premises: That certain space commonly known as Space A -E located at 4721 E. Palm Canyon Drive, Palm Springs, CA 92264, having approximately 6,001 sq. ft. of Floor Area, shown in the location identified on the site plan attached hereto as Exhibit A.
(§2.1, §2.2;
Ex A)
1.6 Permitted Use of Premises: Subject to all other terms and conditions of this Lease, the Premises shall be used and occupied only for primary operation of a public library and general office space, and for no other purpose. Any other uses, to the extent approved by Landlord, shall be lawful and not in violation of any other tenant’s exclusive use rights.
(§4.1)
1.7 Radius: Two (2) Miles (§4.7)
1.8 Lease Term: Commencing on the Effective Date and expiring t hirty-six (36) months after the Rent Commencement Date.
(§3.1)
1.9 Rent Commencement Date : The earlier of: (i) the date that Landlord delivers possession of the Premises to Tenant with Landlord’s Work substantially completed, and (ii) July 19, 2025.
(§5.1)
1.10 Minimum Annual Rental: (§5. 2)
Months of Lease
Term
Dollars Per
Month**
Dollars Per Annum** Annual Rent***
Per Square Foot
of Floor Area
1 – 12* $13,862.31
$166,347.72 $27.72***
13-24 $14,277.38 $171,328.55 $28.55 25-36 $14,707.45 $176,489.41 $29.41
*(plus prorated Minimum Rent for any partial month prior to first full calendar month of Lease Term)
** Minimum rent will increase annually by three (3%) percent ***(based upon square footage of the Premises equal to the square footage set forth in Article 1.5)
Item 1H - Page 5
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1.11 Addresses for Notices: (§ 20.16)
To Landlord: Pacific Castle
2601 Main Street, Suite 900
Irvine, CA 92614
(949) 475-4588 Telephone
(949) 475-4585 Facsimile
To Tenant: At the address of the Premises
and:
1.12 Security Deposit: N/A (Art. 17)
1.13 Promotional Fund Charge: N/A (Art. 20)
1.14 Landlord's Broker: Progressive Real Estate (Heather Sharp) (§20.10) Tenant's Broker: CBRE (Philip J. Woodford and Brian Hutcherson)
1.15 Guarantor. Check the applicable blanks:
(_X___) None
(____) See separate Guaranty of Lease Rider attached to this Lease
1.16 Option(s) to Extend: Check the applicable blank:
(____) None
(__X__) See Extension Option Rider attached to this Lease
1.17 Construction Allowance: Check the applicable blank:
(_X__) None
(____) See Construction Allowance Rider attached to this Lease
1.18 Percentage Rental: Check the applicable blank:
(__X__) None
(_____) See Percentage Rental Rider (for Gross Sales Reporting Purposes Only) attached to this Lease solely for the purpose of showing gross sales reporting requirements
( N/A % ) Insert Percentage, if applicable
1.19 Hazardous Material Rider: Check the applicable blank:
(__X__) None
(___)
Item 1H - Page 6
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The foregoing provisions of this Article 1 summarize for convenience only certain key terms of the Lease delineated more fully in the Articles and Sections which follow. In the event of a conflict between the provisions of this Article 1 and the balance of the Lease, the latter shall control.
ARTICLE 2
PREMISES
2.1 Lease of Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, as of the Effective Date, at the rental and upon the covenants and conditions hereinafter set forth, the commercial space referred to herein as the Premises and described in Section 1.5. Said commercial space shall not include, and Landlord hereby reserves a non- exclusive easement for the installation, relocation, restoration and maintenance of, such conduits, facilities, and structures as may be located in the Premises (including the air space above the finished ceiling in the Premises) for the common use and benefit of Landlord and other tenants. The Premises shall be constructed in accordance with Exhibit B. The Floor Area of the Premises is set forth in Section 1.5. Prior to the Commencement Date, or as soon thereafter as is practicable and from time to time thereafter at Landlord’s sole option, Landlord’s architect may determine and certify in writing to Tenant and Landlord the actual rentable square footage of the Premises and the Shopping Center, respectively, and thereupon Tenant’s Minimum Annual Rent shall be adjusted accordingly. In the event that Tenant disputes Landlord's measurement, Tenant may have the Premises measured at Tenant's expense. If Tenant's measurement differs from Landlord's by less than three percent (3%), the parties agree to split the difference. If the two measurements differ by more than three percent (3%), either party has the right to request a remeasurement by a third -party independent engineer/surveyor whose measurement shall be binding upon the parties and whose cost would be equally shared by Landlord and Tenant. When so finally mutually acknowledged or determined, the revised rentable square footage of the Premises shall be used to determine Tenant’s Minimum Annual Rent.
2.2 Shopping Center. The Premises are contained within a shopping center which Landlord and/or others intend to construct and/or have constructed as shown on the site plan on Exhibit A, hereinafter referred to as the "Shopping Center." Tenant acknowledges that the site plan shown on Exhibit A ("Site Plan") is tentative and that Landlord has the right at any time to expand, reduce, remove, demolish, renovate or construct any existing or new improvements at the Shopping Center (other than the Premises), including without limitation the right to change the shape, size, location, number, design or extent of such improvements, and the right to change the occupants of the Shopping Center.
2.3 Definition of "Floor Area". The term "Floor Area ", as used throughout this Lease, shall mean and include the square footage of the Premises (or, where applicable, of all premises located in a building or buildings of the Shopping Center), measured from the exterior surface of exterior building walls (and extensions thereof, in the case of openings, decks and/or patios), and from the center line of interior demising walls. The Floor Area shall be measured without deduction for the width of or space occupied by air -conditioning units that exclusively serve and are located within the Premises and/or by columns, sprinkler risers, roof drains, structural braces, expansion joints and/or shear walls in the Premises. Tenant acknowledges that it may be necessary for Landlord to utilize a portion of the Floor Area at any time to accommodate shafts, ducts and pipes to serve other tenants and Landlord reserves the right to utilize such portion for said purposes, as Landlord shall specify, provided such portion is located adjacent to an interior wall other than the storefront and does not exceed one percent (1%) of the Floor Area.
ARTICLE 3
TERM
3.1 Duration of Lease Term. This Lease shall become legally binding as of the Effective Date, and shall remain in full force and effect thereafter until the expiration of the Lease Term, unless sooner terminated as Item 1H - Page 7
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provided in this Lease. Said Lease Term shall commence on either the Rent Commencement Date, if such date is the first day of the month or, in all other cases, on the first day of the calendar month following the Rent Commencement Date. Notwithstanding the foregoing, however, Tenant shall have the one (1) time right to terminate this Lease upon delivering at least ninety (90) days’ advance written notice to Landlord at any time following the thirtieth (30
th) month of the Lease Term , provided that Tenant shall pay to Landlord any and all amounts due under this Lease through to the termination date provided in Tenant’s termination notice.
3.2 Acceptance of the Premises. Landlord agrees to deliver to Tenant, and Tenant agrees to accept from Landlord, possession of the Premises upon substantial completion of the Landlord's Work, if applicable. The term "substantial completion of the Landlord's Work" is defined as completion of Landlord's Work as specified in Exhibit B to the point wherein Tenant's contractor may commence the construction of Tenant's Work as specified in Exhibit B. Landlord's notification of the substantial completion of the Landlord's Work in accordance with said Exhibit B shall be conclusive and binding upon the parties hereto. Tenant shall commence the construction of Tenant's Work as described in Exhibit B promptly upon substantial completion of the Landlord's Work and shall diligently prosecute such construction to completion and, subject to Section 2 0.4, shall open the Premises for business within the time specified in Section 1.9.
3.3 Holding Over. If, after the expiration or earlier termination of the Lease Term, Tenant remains in possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, upon all of the provisions of this Lease (except as to Term and Minimum Annual Rental), but the monthly installments of Minimum Annual Rental payable by Tenant shall be increased to one hundred twenty -five percent (125%) of the monthly installments of Minimum Annual Rental payable by Tenant at the expiration of the Lease Term, prorated on a daily basis. Acceptance by Landlord of rental after such expiration or earlier termination shall not result in a renewal or extension of this Lease. The provisions of this Section 3.3 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law.
3.4 Surrender of the Premises. At the expiration of the Lease Term or earlier termination of the Lease, Tenant shall remove all of its Personal Property , built-ins, shelving, book-drops, and book- returns from the Premises, repair any and all damage to the Premises caused by such removal, and surrender possession of the Premises to Landlord in broom clean condition and good state of repair, except ordinary wear and tear, damage or destruction covered by Article 12, and any repair Landlord is obligated to perform pursuant to the Lease.
ARTICLE 4
POSSESSION, USE AND OPERATION
4.1 Permitted Uses. Tenant shall use the Premises solely for the purpose or purposes specified in Section 1.6 (and for no other purpose whatsoever) (" Permitted Use") and shall operate its business on the Premises using only the exact trade name specified in Section 1.3 and no other trade name whatsoever (" Trade Name"). At Tenant's sole expense, Tenant shall procure, maintain and hold available for Landlord's inspection any governmental license or permit required for the proper and lawful conduct of Tenant's business. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to a change in Tenant's Permitted Use provided, however, the parties agree that it shall be reasonable under this Lease and under any applicable law for Landlord to withhold its consent to any such proposed change wherein one or more of the following apply: (i) in Landlord's reasonable judgment the proposed change in Permitted Use is not a use consistent with the character of the Shopping Center as a first -class shopping center; or (ii) the proposed use is not permitted by any reciprocal easement agreement, declaration or other covenants, conditions or restrictions or would cause a violation of another then- existing lease for space within the Shopping Center or would give an occupant of the Shopping Center a right to cancel its lease or bring an action against Landlord.
4.2 Duties and Prohibited Conduct. Tenant shall not use, or suffer or permit any person or persons to use, the Premises for the sale or display of pornography, nudity, graphic violence, drug paraphernalia, or any goods and/or services which, in the sole discretion of Landlord, are inconsistent with the image of a community or family-oriented Shopping Center. Tenant shall not conduct an auction, distress, fire, bankruptcy or going- out-of- business sale. Tenant shall not cause or permit waste to occur in the Premises. Tenant shall deposit its trash and rubbish only in those receptacles provided by Landlord. Unless otherwise permitted by this Lease, Tenant shall keep no live animals of any kind in the Premises. Except for general office and cleaning supplies typically used in Item 1H - Page 8
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an office or retail sales area in the ordinary course of business, such as copier toner, liquid paper, glue, ink, and general cleaning supplies, for use in the manner for which they were designed, Tenant shall neither cause nor permit any Hazardous Material to be used, generated, stored, transported, handled or disposed of on or about the Premises or the Shopping Center. " Hazardous Materials " shall mean asbestos, any petroleum fuel and any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material" or "toxic pollutant" under the California law and/or under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. Landlord hereby represents and warrants to its actual knowledge without any duty of investigation that it is not aware of the presence of any Hazardous Materials on or about the Premises in violation of applicable laws as of the Effective Date of this Lease. Notwithstanding the foregoing, however, Tenant acknowledges and confirms that Landlord has disclosed to Tenant about a fire that occurred in the space adjacent to the Premises prior to the Effective Date. Tenant shall not display or sell merchandise or place carts, portable signs, devices or any other objects, outside the defined exterior walls or roof and permanent doorways of the Premises. Except as otherwise provided herein, Tenant shall, at its cost, comply with all laws relating to the use, occupancy, maintenance, repair and alteration of the Premises. As to its leasehold estate, Tenant and all persons in possession thereof will conform to and will not violate the terms of any matters of record affecting the realty underlying the Premises, whether now existing or hereafter created. Tenant shall not sell merchandise from vending machines or allow any coin- or token- operated vending, video, pinball or gaming machines in the Premises. Notwithstanding anything contained in this Lease to the contrary, Tenant acknowledges that other tenants and third parties at the Shopping Center have been granted exclusive rights of use and Tenant agrees that it shall not use, or suffer or permit any person or persons to use, the Premises in violation of or in competition with the exclusive uses granted to such parties as specifically set forth on Exhibit “C” attached hereto.
Tenant’s use and occupation of the Premises, and the condition of the Premises, shall, at Tenant’s sole cost and expense, comply in all material respects with (a) all Applicable Regulations in effect now or after the Effective Date including, without limitation, the laws and regulations referred to in Section 4.8 of this Lease and the Americans with Disabilities Act of 1990 (“ADA”); and (b) all restrictions, covenants and encumbrances of record with respect to the Premises and/or the Shopping Center. Tenant will not permit any act or condition to exist on or about the Premises that will increase any insurance rate applicable to the Premises and/or the Shopping Center, except when such acts are required in the normal course of its business, and Tenant shall pay such increase. As to its leasehold estate, Tenant and all persons in possession thereof will conform to and will not violate the terms of any matters of record affecting the realty underlying the Premises, whether now existing or hereafter created.
4.3 Deliveries. Tenant shall use its best efforts to complete, or cause to be completed, all deliveries, loading, unloading and services (including trash and refuse collection) to the Premises prior to 10:00 a.m. of each day. Any such deliveries, loading, unloading and collection shall be made at the rear of the Premises.
4.4 Operating Covenants. Tenant covenants and agrees that it will, continuously and uninterruptedly from and after the date it is required to open for business, (a) operate and conduct within the entire Floor Area of the Premises the business which it is permitted to operate and conduct as set forth in Section 1.6, under the Trade Name set forth in Section 1.3, except while the Premises are untenantable by reason of fire or other casualty, and (b) maintain within the Premises an adequate stock of merchandise together with sufficient personnel and Personal Property to service and supply the usual and ordinary requirements of its customers. Tenant shall conduct its business at all times in such manner as to produce the maximum return to Tenant and to assure Landlord a return of the greatest possible amount of percentage rental, if applicable.
4.5 Operating Days and Hours. Recognizing that it is in the interests of both Tenant and Landlord to have regulated hours of business for all of the Shopping Center, Tenant agrees that, commencing with the opening for business by Tenant in the Premises and for the remainder of the Lease Term, Tenant shall be open for business continuously with its window displays, exterior signs and exterior advertising displays adequately illuminated during all operating days and hours as may be reasonably designated by City.
4.6 Signs and Advertising. All signage at the Premises shall comply with the sign criteria attached hereto as Exhibit "D." Tenant shall be permitted to install, at Tenant’s sole cost and expense, signs at the Premises, provided that: (i) such signs do not violate any leases with other tenants at the Shopping Center, then in effect; (ii) Tenant complies with all applicable laws; and (iii) Tenant obtains all necessary permits. Tenant shall not place, Item 1H - Page 9
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affix or maintain any signs, advertising placards, names, insignia, trademarks, descriptive material or any other similar item or items outside, on or within twenty-four inches (24") of the store front, the glass panes and supports of the show windows, or any window or, door of the Premises or anywhere within, on or about the Premises that may be viewed from the other portions of the Shopping Center, except such signs as Landlord, in its sole discretion, shall approve in writing. Tenant shall utilize no advertising medium which can be heard or experienced outside the Premises, including, without limitation, flashing lights, neon lights, searchlights, loudspeakers, phonographs, radios or televisions.
4.7 Radius Clause. Tenant covenants and warrants that it will not, during the Lease Term, directly or indirectly, operate nor own any similar type of business (not so operated or owned on the date of this Lease) within the number of miles from the location of the Premises as set forth on Section 1.7, measured on a straight line basis on a map, not following contours of the land or streets. This covenant shall be specifically enforceable by mandatory or prohibitory injunction by Landlord and any breach of this covenant may be conclusively deemed by Landlord to be a material and incurable breach of this Lease and may lead to forfeiture and termination of all of Tenant’s leasehold interest. In addition, and without limiting Landlord’s remedies, in the event Tenant should violate this covenant, Landlord may, at its option and for so long as Tenant is operating said other business, include the Gross Sales of such other business in the Gross Sales transacted from the Premises for the purpose of computing Percentage Rental due hereunder.
4.8. Patriot Act. Tenant represents, warrants and certifies that neither Tenant nor any of its affiliates, nor any of their respective partners, members, shareholders or other equity owners, and none of their respective employees, officers, directors, representative or agents, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) if the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List, “SDN List”) or under any statute, executive order (including without limitation the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental statutes, regulations, orders or directives. Such persons are referred to herein as “Blocked Persons.” Tenant also represents, warrants and certifies that is no engaging in this transaction, directly or indirectly, on behalf of any Blocked Person. Tenant acknowledges and agrees to Landlord’s legal obligations (1) not to do business with Blocked Persons; and (2) to freeze any assets of Blocked Persons which may come into Landlord’s possession. Tenant releases Landlord from any liability to Tenant for any actions taken by Landlord in good faith efforts to comply with the foregoing obligations. Tenant agrees to defend, indemnify and hold harmless Landlord or any of its affiliates, agents, directors, officers, employees or otherwise from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys’ fees and costs) arising from or related to any breach of this Section 4.8.
4.9 Definition of “Applicable Regulations”. “Applicable Regulations” shall mean all applicable statutes, regulations, rules, ordinances, codes, licenses, permits, orders and approvals of each Governmental Agencies having jurisdiction over the Premises, including, without limitation, all health, building, fire, safety and other codes, ordinances and requirements, all applicable standard of the National Board of Fire Underwriters and the ADA, and all policies or rules of common law, in each case, as amended, and any judicial or administrative interpretation, including any judicial order, consent, decree or judgment applicable to the Tenant.
ARTICLE 5
RENTAL
5.1 Rent Commencement Date. Tenant's obligation to pay any amount of Minimum Annual Rental under this Lease shall commence upon the Rent Commencement Date. Notwithstanding the foregoing, Tenant shall pay the first monthly installment of Minimum Annual Rent upon the Effective Date of this Lease, which installment shall be applied to the first month of the Lease Term.
5.2 Minimum Annual Rental. Tenant agrees to pay as rental for the use and occupancy of the Premises the Minimum Annual Rental specified in Section 1.10. Tenant shall pay the Minimum Annual Rental in twelve (12) equal monthly installments during each year, in advance, on the first day of each calendar month, without setoff, deduction, prior notice or demand. Should the Rent Commencement Date occur on a day other than the first day of the calendar month, then the rental for such first fractional month shall be paid on the Rent Item 1H - Page 10
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Commencement Date and shall be computed on a daily basis for the period from the Rent Commencement Date to the end of such calendar month and at an amount equal to one three -hundred-sixtieth (1/360th) of the Minimum Annual Rental for each such day, and thereafter shall be computed and paid as aforesaid.
5.3 Interest on Late Payments; Late Charge. If Tenant fails to pay, within five (5) days after the same is due and payable, the Minimum Annual Rental, such unpaid amounts shall bear interest at the Interest Rate from the date due to the date of payment. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any rental will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of which are extremely difficult or impracticable to fix. Such costs and expenses will include, without limitation, administrative, collection, processing and accounting costs and expenses. Therefore, if any such installment of rental is not received by Landlord from Tenant by the fifth (5th) calendar day after such rent is due, Tenant shall immediately pay to Landlord a late charge of ten percent (10%) of each item of Minimum Annual Rental then due. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss caused by Tenant's nonpayment.
5.4 Address for Payments. Tenant shall pay all rental and other payments to Landlord at the address set forth in Section 1.11 of this Lease, or at such other place as may from time to time be designated by Landlord in writing at least ten (10) days prior to the next ensuing payment date.
ARTICLE 6
UTILITIES AND AIR CONDITIONING
6.1 Utilities and Air Conditioning. Landlord agrees that initially it will make available to Tenant (a) facilities for removal of sewage and for delivery of water, electricity, telephone service and, to the extent permitted by Landlord, natural gas (hereinafter collectively referred to as "Utilities ") to the Premises or, at Landlord's sole option, to a central distribution point outside the Premises, and (b) an air -conditioning system serving the Premises (the "Air-Conditioning System"). Tenant agrees, at its expense, to use such Utilities and Air- Conditioning System throughout the Lease Term. If a separate meter is provided or required by Tenant for any such Utilities, it shall be installed and maintained at Tenant's expense. Landlord shall not be liable, in damages or otherwise, for any discontinuance, failure or interruption of service to the Premises of Utilities. No such discontinuance, failure or interruption shall be deemed a constructive eviction of Tenant or entitle Tenant to terminate this Lease or withhold payment of any rental due under this Lease.
ARTICLE 7
INDEMNITY; INSURANCE
7.1 Indemnity by Tenant. Landlord shall not be liable for, and Tenant shall defend (unless Landlord waives its right to such defense, and in any event with counsel satisfactory to Landlord), indemnify and protect Landlord from any claim, demand, liability, judgment, award, fine, mechanics' lien or other lien, loss, damage, expense, charge or cost of any kind or character (including actual attorney fees, actual expert fees and court costs) arising directly or indirectly from (a) any labor dispute involving Tenant or its contractors or agents, (b) the construction, repair, alteration, improvement, use, occupancy or enjoyment of the Premises by Tenant, its agents, employees, contractors or invitees, or (c) a breach of Tenant's obligations hereunder (hereinafter referred to as "Claims"); provided, however, Tenant shall have no obligation to defend, indemnify or protect Landlord from Claims to the extent caused by the grossly negligent, willful or criminal acts of Landlord and/or its agents. Tenant's obligations under this Section 7.1 shall survive the expiration or earlier termination of this Lease.
7.2 Tenant's Insurance Obligation. Tenant further covenants and agrees that from and after the earlier of substantial completion of the Premises or Tenant's entry into the Premises with Landlord's consent, Tenant will carry and maintain, at its sole cost and expense, the following types of insurance, in the amounts specified and in the form hereinafter provided for:
7.2.1 Public Liability. Commercial general liability insurance for personal injury and property damage with coverage limits of not less than Two Million Dollars ($ 2,000,000) combined single limit per occurrence and, in the aggregate (or such greater amount as Landlord's lender may require or as Landlord may reasonably request from time to time), insuring against any and all liability of the insured with respect to said Item 1H - Page 11
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Premises or arising out of the maintenance, use or occupancy thereof. All such insurance shall specifically insure the performance by Tenant of the indemnity agreement contained in Section 7.1. During any construction performed by or on behalf of Tenant, Tenant shall obtain a "course of construction" endorsement to such insurance.
7.2.2 Workers' Compensation . The amount of workers' compensation insurance required by the state in which the Shopping Center is located for the benefit of Tenant's employees.
7.2.3 Plate Glass. Insurance covering full replacement cost of all plate glass on the Premises.
Tenant shall have the option either to insure commercially or to self-insure the risk.
7.2.4 Equipment. Machinery insurance on all air -conditioning equipment and systems exclusively serving the Premises. If said equipment and the damage it may cause are not covered by Tenant's "All Risks" insurance (as specified in Subsection 7.2.5 below), then the insurance specified in this Subsection 7.2.4 shall be in an amount not less than One Hundred Thousand Dollars ($100,000). If Tenant requires boilers or other pressure vessels to serve the Premises, they shall also be insured in the amount required by this Subsection 7.2.4.
7.2.5 Tenant's Improvements . Insurance covering Tenant's (1) merchandise; (2) Fixtures, including the items specified as Tenant's Work; (3) Improvements permitted under Article 8; and (4) Personal Property from time to time in, on or upon the Premises, in an amount not less than one hundred percent (100%) of their full replacement cost, providing protection against any peril included within the classification "All Risks," including, without limitation, theft. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 12.
7.2.6 Business Interruption. Business interruption insurance in such amount as will reimburse Tenant for direct or indirect earnings attributable to all perils commonly insured against by prudent retail tenants or attributable to prevention of access to the Premises or Shopping Center as a result of such perils.
7.2.7 Additional Insurance. Tenant shall carry and maintain during the Lease Term such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant's operations therein, as may be required by Landlord's lender or as may be reasonably requested by Landlord from time to time, including liquor liability coverage if at any time alcoholic beverages are distributed from, sold at or served at the Premises.
7.3 Form of Policies. All policies of insurance required under Section 7.2 shall be issued by insurance companies qualified to do business in the state where the Shopping Center is located and holding a general policyholder's rating of not less than "A" and a financial rating of not less than "Class VIII" as rated in the most current available "Best's" Insurance Reports. All such policies shall contain cross -liability endorsements and shall name Landlord, Landlord's mortgagees or beneficiaries, Landlord’s property and asset management companies, and such additional individuals or entities as Landlord shall from time to time designate as "Additional Insureds." Executed copies of such insurance policies or certificates thereof shall be delivered to Landlord within ten (10) days after the earlier of substantial completion of the Premises or Tenant's entry onto the Premises with Landlord's consent and, thereafter, executed copies of renewal policies or certificates thereof shall be delivered to Landlord within thirty (30) days prior to the expiration of the term of each such policy. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent. All policies of insurance delivered to Landlord must contain a provision that the company writing said policy will give to Landlord twenty (20) days' notice in advance of any cancellation, lapse, reduction in the amount of coverage or other adverse change respecting such insurance. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with or secondary to coverage which Landlord may carry. If Tenant fails to procure any such policy of insurance, or to deliver any such policy or certificate, Landlord may, at its option, procure such policy for the account of Tenant, and the cost thereof, along with a Two Hundred Fifty Dollar ($250) administrative processing fee, shall be paid in full to Landlord within ten (10) days after delivery to Tenant of invoice therefor.
7.4 Landlord's Insurance Obligation. At all times during the Lease Term, Landlord shall maintain in effect a policy or policies of insurance providing protection for the following liabilities and/or risks: (a) public liability for bodily injury and property damage arising from Landlord's ownership and/or operation of the Shopping Item 1H - Page 12
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Center with coverage limits at least equal to those Tenant is required to maintain in accordance with Subsection
7.2.1, (b) any peril, in Landlord's sole discretion, insurable under an All Risks policy covering the building of which the Premises are a part (including without limitation, earthquake, flood and wind coverage), exclusive of any item insured by Tenant pursuant to Subsection 7.2.5, in an amount which is equal to such building's full replacement cost (exclusive of the cost of excavations, foundation and footings) and (c) rental interruption insurance covering the Premises and other premises in the Shopping Center in such amount as Landlord reasonably deems appropriate.
Landlord's obligation to carry the All Risks insurance provided for in this Section 7.4 may be satisfied by inclusion of said building within the coverage of any blanket policy or policies of insurance carried and maintained by Landlord, provided that the coverage afforded will not be reduced or diminished by reason of the use of such blanket policies of insurance.
7.5 Mutual Waivers of Rights. Landlord (for itself and its insurer, and to the extent and on the condition that Tenant carries and maintains at all times the insurance required under Section 7.2) hereby waives any rights, including rights of subrogation, and Tenant (for itself and its insurer, and to the extent and on the condition that Landlord carries and maintains at all times the insurance required under Section 7.4) hereby waives any rights, including rights of subrogation, each may have against the other, and Tenant (for itself and its insurer) hereby waives any rights, including rights of subrogation, it may have against other tenants of the Shopping Center (provided such other tenants have waived such rights against Tenant) for compensation of any loss or damage occasioned to Landlord or Tenant, as the case may be, with regard to their respective property, the Premises, its contents or portions of the Shopping Center, arising from any risk generally covered by the insurance Landlord and Tenant are required to carry and maintain under Sections 7.2 and 7.4.
ARTICLE 8
TENANT'S RIGHT TO MAKE IMPROVEMENTS AND MECHANIC'S' LIENS
8.1 Improvements. At Tenant's own expense, after giving Landlord written notice pursuant to the terms of this Lease of its intentions to do so, and without limiting Tenant's right to remove and/or replace Personal Property in accordance with Section 11.1, Tenant may, from time to time after completion of all work in accordance with Exhibit B, make such nonstructural alterations, replacements, additions, changes and/or improvements (collectively referred to in this Lease as " Improvements") to Tenant's Work previously completed in accordance with Exhibit B or to prior Improvements as Tenant may find necessary or convenient for its purposes, provided that the value of the Premises is not thereby diminished and provided further that no Improvements costing in excess of Five Thousand Dollars ($5,000) for any one work of Improvement, or in excess of Ten Thousand Dollars ($10,000) in the aggregate for multiple works of Improvement during any period of twelve (12) consecutive months during the Lease Term, may be made without obtaining the prior approval of Landlord. In addition, no Improvements shall be made to any storefront, mechanical system, electrical system, the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, without obtaining the prior approval of Landlord, which Landlord may withhold in its sole and absolute discretion. In no event shall Tenant make or cause to be made any penetration into or through the roof or floor of the Premises without obtaining the prior approval of Landlord. Tenant shall be permitted to tying off of an electric plug in the middle of the premises floor provided that such work is in compliance with any and all governmental codes or regulations and performed by a bonded licensed contractor or qualified City Employee . Tenant agrees to reimburse Landlord for all costs and expenses (including, without limitation, any architect and/or engineer fees) incurred by Landlord in approving or disapproving Tenant's plans for Improvements.
8.2 Construction Requirements. All Improvements to be made to the Premises which require the approval of Landlord shall, if required by Landlord, be made under the supervision of a competent architect, licensed general contractor or licensed structural engineer or qualified City Employee and made in accordance with plans and specifications approved by Landlord. Landlord's approval of such plans and specifications shall create no liability or responsibility on the part of Landlord for their completeness, design sufficiency or compliance with laws.
All work with respect to any Improvements must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except as otherwise reasonably required during the period of such work. Upon the expiration or earlier termination of this Lease, such Improvements shall not be removed by Tenant but shall become a part of the Premises unless otherwise required by Landlord. All Improvements shall be constructed strictly in accordance with the laws and ordinances relating thereto. In performing the work of any such Improvements, Tenant shall have the work performed in such a manner Item 1H - Page 13
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as not to obstruct access to the premises of any other tenant in the Shopping Center.
8.3 Tenant's Covenants. Tenant agrees that it shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in the prosecution of any work, except for Landlord's Work, done, or caused to be done, on the Premises, and Tenant will keep the Premises free and clear of all mechanics' liens and other such liens on account of work done for Tenant or persons claiming under Tenant. If Tenant desires to contest any such claim of lien, it shall either (a) post a mechanics' lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the state where the Shopping Center is located, or (b) furnish Landlord with adequate security for the amount of the claim plus estimated costs and interest, and (c) promptly pay or cause to be paid all sums awarded to the claimant on its suit. Tenant shall forthwith notify Landlord in writing pursuant to the terms of this Lease of any claim of lien filed against the Premises or the commencement of any action affecting the title thereto. Landlord or its representatives shall have the right to go upon and inspect the Premises at all reasonable times and shall have the right to post and keep posted thereon notices of nonresponsibility or such other notices which Landlord may deem to be proper for the protection of Landlord's interest in the Premises.
8.4 Landlord's Right to Cure. If Tenant shall be in default of any of its covenants in this Article, by failing to provide security for or satisfaction of any mechanic's or other such lien, then Landlord may (but shall not be obligated to), in addition to any other rights or remedies it may have, discharge said lien by (a) paying the claimant an amount sufficient to settle and discharge the claim, (b) posting a mechanics' lien release bond, or (c) taking such action as Landlord shall deem appropriate, and, in any such event, Tenant shall pay, on Landlord's demand, all costs (including reasonable attorney fees) incurred by Landlord in settling and discharging said lien together with interest thereon in accordance with Section 21.7, from the date of Landlord's payment of said costs.
Landlord's payment of said costs shall not waive any default of Tenant under this Article.
ARTICLE 9
PERSONAL PROPERTY; FIXTURES
9.1 Removal and Replacement. All of Tenant's trade fixtures, shelving, furniture, furnishings, signs and other personal property not permanently affixed to the Premises (collectively referred to herein as " Personal Property") must be good repair when installed in, or attached to, the Premises by Tenant. Subject to the provisions of Section 9.2, any such Personal Property shall remain the property of Tenant. Provided Tenant is not in default under the terms of this Lease, Tenant shall have the right to remove any or all of its Personal Property which it may have stored or installed in the Premises so long as Tenant shall immediately replace the same with similar Personal Property of comparable or better quality, except Tenant shall not be obligated to replace such Personal Property at the expiration or earlier termination of this Lease. Tenant shall, at its expense, immediately repair any damage occasioned to the Premises by reason of the removal of any such Personal Property.
9.2 Fixtures. Tenant's Improvements, Tenant's Work and any other personal property installed in the Premises that becomes realty under applicable law are collectively referred to in this Lease as "Fixtures " and shall become the property of Landlord upon the expiration or earlier termination of this Lease. Landlord and Tenant agree that the shelving installed shall not become Fixtures and may be removed by Tenant upon termination of the Lease.
9.3 Landlord's Security Interest. Tenant hereby grants Landlord a first priority security interest in Tenant's merchandise, Fixtures and Personal Property located on the Premises to secure Tenant's performance of any and all of Tenant's obligations under this Lease. To perfect said security interest, Tenant agrees to execute and deliver to Landlord such financing statements required by the applicable Uniform Commercial Code as Landlord may request. Tenant shall not further encumber Tenant's merchandise, Fixtures or Personal Property located in the Premises.
9.4 Personal Property Taxes. Tenant shall pay before delinquency all taxes (including sales and use taxes), assessments, license fees and public charges levied, assessed or imposed upon its business operation as well as upon its merchandise, and Personal Property. In the event any such items of property are assessed with property of Landlord, then, and in such event, such assessment shall be equitably divided between Landlord and Tenant.
Landlord shall determine the basis of dividing any such assessment and such determination shall be binding upon Item 1H - Page 14
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both Landlord and Tenant.
ARTICLE 10
ASSIGNMENT AND SUBLETTING
10.1 Definitions. As used in this Article 10, the following definitions shall apply:
10.1.1 "Transfer" means any (i) assignment of some or all of Tenant's interest, rights and duties in the Lease and/or the Premises, including Tenant's right to use, occupy and possess the Premises, or hypothecation, mortgage or other encumbrance of Tenant’s leasehold interest, or (ii) sublease of Tenant's right to use, occupy and possess the Premises, in whole or in part;
10.1.2 " Change of Control " means the transfer by sale, assignment, death, incompetency, mortgage, deed of trust, trust, operation of law, or otherwise of any shares, voting rights or ownership interest which will result in a change in the identity of the person or persons exercising, or who may exercise, effective control of Tenant, unless such change results from the trading of shares listed on a recognized public stock exchange and such trading is not for the purpose of acquiring effective control of Tenant. If Tenant is a private corporation whose stock becomes publicly held, the transfers of such stock from private to public ownership shall not be deemed a Change of Control;
10.1.3 "Occupancy Transaction" means any Transfer, Change of Control, or other arrangement whereby the identity of the person or persons using, occupying or possessing the Premises changes or may change; and
10.1.4 " Transferee" means the proposed assignee, sublessee, mortgagee, beneficiary, pledgee or other recipient of Tenant's interests, rights or duties in this Lease or the Premises in the Occupancy Transaction.
10.2 Restrictions. Tenant shall not enter into, or consent to, an Occupancy Transaction without first procuring Landlord's written consent pursuant to the terms of this Lease, which Landlord shall not withhold unreasonably. The parties agree, however, that the manner of operation of the Premises and conduct of business thereon by Tenant will have an impact on the quality and reputation of the Shopping Center. Accordingly, the parties agree that in approving or disapproving of any proposed Occupancy Transaction, Landlord shall be entitled to take into consideration, by way of example and not limitation, any or all of the criteria set forth below and that it shall not be unreasonable for Landlord to withhold its consent if any of the following situations exist or may exist:
(i) the Transferee's contemplated use of the Premises following the proposed Occupancy Transaction is different from the permitted use specified in Section 1.6; (ii) in Landlord's reasonable business judgment, the Transferee lacks sufficient business reputation or experience to operate a successful business of the type and quality permitted under the Lease; (iii) in Landlord's reasonable business judgment, the present tangible net worth of the Transferee is less than the greater of Tenant's tangible net worth (and the tangible net worth of Tenant's guarantor, if any) at the Effective Date or Tenant's tangible net worth (and the tangible net worth of Tenant's guarantor, if any) at the date of Tenant's request for consent to the Occupancy Transaction; (iv) in Landlord's reasonable business judgment, the Percentage Rental (if applicable) that Landlord reasonably anticipates receiving from the Transferee is less than that which Landlord has received from Tenant; (v) the proposed Occupancy Transaction would breach any covenant of Landlord respecting radius, location, use or exclusivity in any other lease, financing agreement or other agreement relating to the Shopping Center; or (vi) the Transferee requests an amendment to the Lease other than the identity of Tenant. No assignment shall release Tenant from its obligations and liabilities hereunder.
Notwithstanding the foregoing, however, Tenant shall have the right to effect a n Occupancy Transaction to a Permitted Transferee (as hereinafter defined) without the prior consent of Landlord, but by delivering prior written notice thereof to Landlord. A " Permitted Transferee" is (1) an entity controlling Tenant, controlled by Tenant, or under common control with those controlling Tenant, (2) an entity in which the Tenant is merged or consolidated, or (3) an entity which acquires a majority of Tenant's assets or ownership interests. Any Transfer to a Permitted Transferee is referred to herein as a "Permitted Transfer".
10.3 No Default. Tenant shall not have the right or power to request Landlord's consent to, or to enter Item 1H - Page 15
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into, an Occupancy Transaction if Tenant shall be in default under the provisions of this Lease.
10.4 Procedures.
10.4.1 Request for Consent . Should Tenant desire to enter into an Occupancy Transaction that is not deemed to be a Permitted Transfer (as defined above) , Tenant shall give notice thereof to Landlord by requesting in writing Landlord's consent to such Occupancy Transaction at least sixty (60) days before the proposed effective date of any such Occupancy Transaction and shall provide Landlord with the following: (i) the full particulars of the proposed Occupancy Transaction including its nature, effective date, terms and conditions, and copies of any documents pertaining to such proposed transaction; (ii) a description of the identity, net worth and previous business experience of the Transferee, including, without limitation, copies of Transferee's latest income, balance sheet and change- of-financial-position statements (with accompanying notes and disclosures of all material changes thereto) in audited form, if available, and certified as accurate by the Transferee; and (iii) any further information relevant to the transaction which Landlord shall have requested within fifteen (15) days after receipt of Tenant's request for consent.
10.4.2 Period for Review . Within sixty (6 0) days after receipt of Tenant's request for consent and the information set forth in Section 10.4.1, Landlord may respond as follows: (i) consent to the Occupancy Transaction, subject to Section 10.6 below; or (ii) refuse to consent to the Occupancy Transaction.
10.5 Documentation and Expenses. Each Occupancy Transaction to which Landlord has consented shall be evidenced by an instrument made in such written form as is satisfactory to Landlord and executed by Tenant and Transferee. By such instrument, Transferee shall assume all the terms, covenants and conditions of this Lease which are obligations of Tenant. Tenant shall remain fully liable to perform its duties under the Lease following the Occupancy Transaction. Tenant shall, on demand of Landlord, reimburse Landlord for Landlord's reasonable costs, including legal fees, incurred in obtaining advice and preparing documentation for each Occupancy Transaction to which Landlord has consented, which sum shall in no event be less than Two Thousand Five Hundred & 00/00 Dollars ($2,500.00) per request.
10.6 Transfer Premium. If Landlord consents to a Transfer, as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay to Landlord one hundred percent (100%) of any " Transfer Premium", as that term is defined in this Section 10.6, received by Tenant from such Transferee; provided, however, that no such Transfer Premium shall be due in connection with any Permitted Transfer (as defined in Section 10.2 above) . "Transfer Premium" shall mean all Minimum Annual Rental, additional rent or other consideration payable by such Transferee in excess of the Rental payable by Tenant under this Lease on a per rentable square foot basis if less than all of the Premises is transferred. "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by Transferee to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to Transferee or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to Transferee in connection with such Transfer. The Transfer Premium shall be computed after adjustments are made for leasehold concessions granted to Transferee, including, but not limited to, any rent credit and tenant improvement allowance and brokerage commissions, lease takeover payments, and the costs of advertising the space for sublease or assignment. For purposes of calculating the effective rent and any other consideration to be paid by the Transferee all such concessions shall be amortized on a straight line basis over the relevant term.
10.7 Nullity. Any purported Occupancy Transaction consummated in violation of the provisions of this Article 10 shall, at Landlord's election, be null and void and of no force or effect.
10.8 Waiver. If Tenant requests Landlord's consent to an Occupancy Transaction, and Landlord's consent is impermissibly withheld, Tenant waives any right to seek damages or terminate this Lease under California law, it being the intention of the parties that Tenant's rights in such event shall be limited to seeking an injunction or specific performance.
10.9 Minimum Annual Rental. If Landlord consents to a Lease assignment for the balance of the term of the original lease, there shall be no adjustment except the minimum annual rental schedule increases as stated in 1.10 of the Fundamental Lease Provisions.
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ARTICLE 11
REPAIRS AND MAINTENANCE
11.1 Tenant's Obligations. Tenant agrees at all times from and after substantial completion of the Premises, at its own cost and expense, to repair, maintain in good and tenantable condition and replace, as necessary, the Premises and every part thereof (except that portion of Premises to be maintained by Landlord under Section
11.2), including, without limitation, the following: all meters, pipes, conduits, equipment, components and facilities (whether or not within the Premises) that supply the Premises with Utilities on an exclusive basis (except as the appropriate utility company has assumed these duties) or that form any heating, ventilation and air -conditioning system (" HVAC System ") exclusively serving the Premises; all Fixtures and other equipment installed in the Premises; all exterior and interior glass installed in the Premises; the storefront(s); all signs, locks and closing devices; all window sashes, casements and frames; doors and door frames; loading dock (if any); floor coverings, including carpeting, terrazzo or other special flooring; and all such items of repair, maintenance, alteration, improvement or reconstruction as may be required at any time or from time to time by a governmental agency having jurisdiction thereof. All replacements made by Tenant in accordance with this Section shall be of like size, kind and quality to the items replaced as they existed when originally installed and shall be subject to Landlord's approval. Tenant shall contract with a qualified air -conditioning service professional for the periodic maintenance per manufacturer’s specification and the repair and replacement, as necessary, of its HVAC System. Tenant shall not be responsible for major repairs or replacement of the HVAC System.
11.2 Landlord's Obligations. Subject to Section 11.1 and Article 13, Landlord shall repair, maintain in good and tenantable condition and replace, as necessary, the roof, exterior walls and structural parts of the Premises (including the structural floor) and all meters, pipes, conduits, equipment, components and facilities that supply the Premises with Utilities on a nonexclusive basis (except as the appropriate utility company has assumed these duties); provided however that Landlord shall not be required to make repairs necessitated by reason of the negligence or willful misconduct of Tenant or anyone claiming under Tenant, by reason of the failure of Tenant to perform or observe any conditions or agreements of this Lease, or by reason of Improvements made by Tenant or anyone claiming under Tenant. As used in this Article, "exterior walls" shall exclude storefronts, plate glass, window cases and window frames, doors and door frames, security grills and similar enclosures.
ARTICLE 12
RECONSTRUCTION AND CONDEMNATION
12.1 Insured Casualty. In the event the Premises are damaged by fire or other perils covered by Landlord's insurance, Landlord shall:
12.1.1 Repair of Damage . Within a period of ninety (90) days after receipt of permits and insurance proceeds, commence repair, reconstruction and restoration (collectively referred to as "Reconstruction " in this Article) of that portion of the Premises described as Landlord's Work in Exhibit B and prosecute the same diligently to completion. Tenant, at its sole cost and expense, shall repair and restore all items described as Tenant's Work in Exhibit B. If the cost of Reconstruction exceeds the amount of insurance proceeds actually received by and available to Landlord for Reconstruction, Landlord may elect to terminate this Lease by giving notice thereof to Tenant within fifteen (15) days following Landlord's determination that the cost of Reconstruction will exceed the insurance proceeds; provided, however, Tenant may rescind Landlord's election to so terminate this Lease by paying to Landlord the difference between the cost of Reconstruction and the insurance proceeds within fifteen (15) days from the date Landlord gives such termination notice to Tenant, in which event this Lease shall not terminate and Landlord shall diligently prosecute the Reconstruction to completion.
12.1.2 Damage Near End of Term . In the event of partial or total destruction of the Premises during the last two (2) years of the Lease Term, Landlord and Tenant shall each have the option to terminate this Lease on notice to the other of exercise thereof within thirty (30) days after such destruction. For purposes of this Article, "partial destruction" shall mean destruction to an extent of at least thirty -three and one -third percent (33 1/3%) of the full replacement cost as of the date of destruction.
12.2 Uninsured Casualty. In the event the Premises are damaged by any flood, earthquake, act of war, nuclear reaction, nuclear radiation or radioactive contamination, or any other casualty not covered by Item 1H - Page 17
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Landlord's insurance to any extent whatsoever, Landlord shall have the election, and shall within ninety (90) days following the date of such damage give Tenant written notice of Landlord's election, either (i) to commence Reconstruction of that portion of the Premises described as Landlord's Work in Exhibit B and prosecute the same diligently to completion, in which event this Lease shall continue in full force and effect and Tenant, at its sole cost and expense, shall repair and restore all items described as Tenant's Work in Exhibit B, or (ii) not to perform such Reconstruction of such portion of the Premises, in which event this Lease shall cease and terminate not later than sixty (60) days after Landlord's notice of its election to terminate.
12.3 Construction Provisions. In the event of any Reconstruction of the Premises under this Article, said Reconstruction shall substantially conform to the provisions of Exhibit B and shall cover all of the work set forth therein under Landlord's Work and Tenant's Work. Landlord shall reconstruct the Premises only to the extent of the work as described in Landlord's Work in Exhibit B. Tenant, at its sole cost and expense, shall reconstruct all items set forth in Tenant's Work in Exhibit B and shall replace its merchandise, Fixtures and Personal Property.
12.4 Release of Liability. Upon any termination of this Lease under any of the provisions of this Article, the parties shall be released thereby without further obligation to the other party coincident with the surrender of possession of the Premises to Landlord, except for its obligations which have theretofore accrued and are then unpaid. In the event of termination, all proceeds from Tenant's insurance (including self -insurance and deductibles) maintained pursuant to Subsection 7.2.5, covering Tenant's Fixtures, but excluding proceeds for Tenant's merchandise and Personal Property, shall be disbursed and paid to Landlord.
12.5 Abatement of Rent. In the event of Reconstruction as herein provided, then the Minimum Annual Rental shall be abated proportionately with the degree to which Tenant's use of the Premises is impaired, commencing upon the date of the casualty and continuing until the date which is the earlier of (i) the date Tenant recommences normal business in the portion of the Premises affected by the Reconstruction, (ii) the date which is the number of days specified in Section 1.8 (i) after the date Landlord completes Reconstruction of Landlord's Work as specified in Section 12.3 or (iii) the date that the coverage for the rental interruption insurance maintained by Landlord under Section 7.4 terminates. Tenant shall continue the operation of its business on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management. Tenant shall not be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Premises, the building of which the Premises are a part, Tenant's Personal Property, or any inconvenience or annoyance occasioned by such damage, Reconstruction or replacement. Tenant hereby waives any statutory rights of termination which may arise by reason of any partial or total destruction of the Premises which Landlord is obligated to restore or may restore under any of the provisions of this Lease.
12.6 Major Destruction. Notwithstanding any of the foregoing provisions of this Article, should there be a partial or total destruction of the Shopping Center at any time after the Effective Date, Landlord shall have the right to terminate this Lease on notice to Tenant within thirty (30) days after such destruction.
12.7 Condemnation.
12.7.1 Permanent Taking . If any portion of the Premises or the Common Area shall be permanently taken under any right of eminent domain, or any transfer in lieu thereof, and such taking renders the Premises unsuitable, in the reasonable judgment of Landlord, for Tenant's business operations, then Tenant may terminate this Lease by giving written notice to Landlord within twenty (20) days after such taking. In addition, if at least twenty percent (20%) of the Shopping Center shall be permanently taken under any right of eminent domain, or any transfer in lieu thereof, then Landlord may terminate this Lease by giving written notice to Tenant within twenty (20) days after such taking. In the event of such termination, Tenant shall thereupon be released from any liability thereafter accruing hereunder. The rent for the last month of Tenant's occupancy shall be prorated, based on a thirty (30)-day month, and Landlord shall refund to Tenant any rent paid in advance. If this Lease is not so terminated, Landlord shall repair and restore the Premises and/or the Shopping Center, as the case may be, as practicable (but shall not be required to expend more than the amount of the award received by Landlord for such purpose), and this Lease shall continue, but commencing with the date on which Tenant is deprived of the use of any portion of the Premises or of any rights under this Lease, the Minimum Rent shall be proportionately abated or reduced, based on the extent to which Tenant's use of the Premises is impaired, as reasonably determined by Landlord.
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12.7.2 Award. Any and all awards payable by the condemning authority or other governmental agency in connection with a taking under the right of eminent domain shall be the sole property of Landlord; provided, however, that nothing contained herein shall prevent Landlord and Tenant from prosecuting separate claims in any condemnation proceeding for the values of their respective interests, provided that the award which would otherwise be payable to Landlord is not diminished by Tenant's prosecution of a separate claim. Landlord and Tenant each hereby waive the provisions of any law, allowing either party to petition a court to terminate this Lease, or otherwise to terminate this Lease, in the event of a condemnation of the Premises.
ARTICLE 13
COMMON AREA
13.1 Definition of "Common Area". The term "Common Area " refers to all improved and unimproved areas within the boundaries of the Shopping Center or essential for servicing the Shopping Center (including additional land acquired by Landlord) that are now or hereafter made available for the general use, convenience and benefit of Landlord, other persons entitled to occupy Floor Area in the Shopping Center and/or their customers, patrons, employees and invitees, including, without limitation, all automobile parking areas, driveways, outdoor seating areas, sidewalks, curbs, service and/or delivery facilities and landscaped areas, and such public transportation facilities and landscaped areas as are contiguous with and benefit the Shopping Center.
13.2 Use of Common Area. Subject to the provisions of Section 13.4, Tenant and its employees and invitees are authorized, empowered and privileged to use the Common Area together with other persons after the Effective Date. Landlord agrees to maintain and operate, or cause to be maintained and operated (except as hereinafter provided with reference to cost of maintenance), the Common Area at all times following completion thereof for the benefit and use of the customers and patrons of Tenant, and of other tenants, owners and occupants of the Shopping Center.
13.3 Maintenance of Common Areas.
13.3.1 Landlord shall keep, or cause to be kept, said Common Area in a neat, clean and orderly condition, properly lighted and landscaped, and shall repair, maintain or replace as Landlord shall deem necessary all equipment and facilities thereof.
13.4 Control of Common Area. Landlord shall at all times have the right and privilege of determining the nature and extent of the Common Area, and of making such changes therein and thereto from time to time which in its opinion are deemed to be desirable and for the best interests of all persons using the Common Area. Landlord shall at all times have the sole and exclusive control of the Common Area. Should Landlord acquire or make available additional land not shown as part of the Shopping Center on Exhibit "A" and make the same available as common areas, the expenses incurred by Landlord in connection with the operation, maintenance, repair and replacement of common areas also shall include all of the aforementioned expenses incurred and paid in connection with said additional la
nd. The rights of Tenant with respect to the Common Area shall at all times be subject to the rights of Landlord, the other tenants of Landlord and the other owners of the Shopping Center to us e the same in common with Tenant. It shall be the duty of Tenant to keep all of the Common Area free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation. Except to the extent covered by the general liability insurance on the Common Area, Tenant assumes all responsibility and liability, and releases Landlord from all responsibility and liability, for the protection of Tenant and its employees, agents, contractors, licensees, customers and guests, and the property thereof, from all acts of third parties, regardless of whether or not Landlord elects to provide security service at the Shopping Center. Tenant acknowledges that Landlord may or may not provide security services within the Common Area. Landlord shall have no obligation to hire, maintain or provide such services, which may be withdrawn or changed at any time with or without notice to Tenant or any person and without liability to Landlord. Notwithstanding the foregoing, if a portion of the Common Area is not on Landlord's Property, Landlord's only obligation with respect to the maintenance, operation and repair of such portion of the Common Area shall be to use reasonable efforts to compel the responsible party or parties to discharge its or their obligations with respect thereto, and then only if Landlord has actual notice from Tenant of the failure of performance of such obligations by such party or parties. In no event will Landlord be in default hereunder if Landlord is taking reasonable steps with all due diligence after notice from Tenant to compel the responsible party or parties to discharge its or their obligations with respect to the maintenance, operation and repair of the Common Item 1H - Page 19
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Area in the balance of the Shopping Center.
13.5 Rules and Regulations. Tenant shall abide by the rules and regulations governing the Shopping Center as more particularly set forth on Exhibit “E” attached hereto. Landlord may amend such rules and regulations at any time and from time to time for the proper and efficient operation and/or maintenance of the Common Area or any portion thereof.
13.6 Employee Parking. Employees of Tenant shall not park their automobiles in those automobile parking areas of the Common Area which Landlord may from time to time designate for use by patrons of the Shopping Center. Landlord agrees to furnish, and/or cause to be furnished, space for employee parking either within said automobile parking areas or reasonably close thereto. At all times Landlord shall have the right to designate, or change the designation of, the particular parking area to be used by any or all of such employees. Tenant shall furnish Landlord with the automobile license number of Tenant and Tenant's employees within fifteen (15) days after taking possession of the Premises and shall thereafter notify Landlord of any change thereto within five (5) days after such change occurs. If Tenant or its employees fail to park their cars in the designated parking areas, Landlord may charge Tenant Ten Dollars ($10) per car per day for each day or partial day that any car is parked in any area other than those designated; provided, however, Landlord agrees to give Tenant notice of the first violation of this provision. Following more than three (3) violations by Tenant or its employees per calendar month, Landlord shall have the right to cause violating vehicles to be towed, at Tenant's sole cost and expense, from the Premises.
After notice of such first violation no prior notice of any subsequent violation shall be required. All amounts due under provisions of this Section shall be payable by Tenant upon demand by Landlord.
ARTICLE 14
DEFAULTS BY TENANT; REMEDIES
14.1 Events of Default. The occurrence of any of the following shall constitute a default by Tenant and a breach of this Lease:
14.1.1 Failure to Pay Rent . Failure to pay any amount of Minimum Annual Rental or any other charge under this Lease when due in accordance with the provisions of this Lease, and the continuance of such failure for a period of three (3) days after written notice from Landlord to Tenant specifying the nature of such failure;
14.1.2 Breach of Operating Covenants . Failure to occupy and operate the Premises in accordance with Article 4, and the continuance of such failure for a period of three (3) days after written notice from Landlord to Tenant specifying the nature of such failure;
14.1.3 Other Curable Defaults. Failure to perform fully and promptly any covenant or condition of this Lease, other than those specified in Subsections 14.1.1 and 14.1.2 above, and the continuance of such failure for a reasonable period not to exceed twenty (20) days; provided, however, that if such failure not involving a hazardous condition cannot reasonably be cured within such period, Tenant shall not be deemed to be in default hereunder if Tenant promptly commences such cure within such period and thereafter diligently pursues such cure to completion within a reasonable time, but no event more than forty-five (45) days following such notice;
14.1.4 Non-Curable Defaults. Maintaining, committing or permitting on the Premises waste, a nuisance, or use of the Premises for any unlawful purpose; entering into an Occupancy Transaction contrary to the provisions of Article 10; failing to occupy and operate as required by Article 4, on any occasion during a given year of the Lease Term in which Tenant has received three (3) or more notices pursuant to Subsection 14.1.2; Tenant or any guarantor of this Lease becomes a debtor in any case filed under the Bankruptcy Code or similar law providing relief to bankrupt or insolvent debtors; and committing any other breach of the Lease which is not capable of cure.
The notices provided in this Section 14.1 shall be in lieu of, and not in addition to, any notice required by California law as a condition precedent to the commencement of legal action against Tenant for possession of the Premises.
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14.2 Landlord's Rights and Remedies. In the event of a default by Tenant, Landlord, in addition to any other remedies available to it at law or in equity, including injunction, at its option, and without further notice or demand of any kind to Tenant or any other person may:
14.2.1 Terminate this Lease and declare the Lease Term hereof ended and re- enter the Premises and take possession thereof and remove all persons and property therefrom, and Tenant shall have no further claim thereon or hereunder; or
14.2.2 Have the remedy described in California Civil Code Section 1951.4 or similar statute in other jurisdictions (Landlord may continue the Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations); or
14.2.3 Even though Landlord may have re-entered the Premises, thereafter elect to terminate this Lease and all of the rights of Tenant in or to the Premises.
In addition to any rights or remedies hereinbefore or hereafter conferred upon Landlord under the terms of this Lease, the following remedies and provisions shall specifically apply in the event Tenant or a guarantor of this Lease becomes a debtor in any case filed under the Bankruptcy Code or similar law providing relief to bankrupt or insolvent debtors:
14.2.4 Any receiver or trustee in bankruptcy shall either expressly assume or reject this Lease within sixty (60) days following the entry of an "Order for Relief" or within such earlier time as may be provided by applicable law;
14.2.5 In the event of an assumption of this Lease by a debtor or by a trustee, such debtor or trustee shall, within fifteen (15) days after such assumption (i) cure any default or provide adequate assurance that defaults will be promptly cured; and (ii) compensate Landlord for actual pecuniary loss or provide adequate assurance that compensation will be made for actual pecuniary loss including, but not limited to, all attorneys' fees and costs incurred by Landlord resulting from any such proceedings; and (iii) provide adequate assurance of future performance;
14.2.6 Where a default exists in this Lease, the trustee or debtor assuming this Lease may not require Landlord to provide services or supplies incidental to this Lease before its assumption by such trustee or debtor, unless the Landlord is compensated for such services and supplies provided and the default is cured before the assumption of such Lease;
14.2.7 The debtor or trustee may assign this Lease only if each of the following conditions is satisfied: (i) the Lease is assumed; (ii) adequate assurance of future performance by the assignee is provided, whether or not the Lease is then under default; (iii) any consideration paid by any assignee in excess of the rental reserved in this Lease shall be the sole property of, and paid to, Landlord; and (iv) the provisions of Article 10 are otherwise observed;
14.2.8 Landlord shall be entitled to the fair market value for occupancy of the Premises and the services provided by Landlord (but in no event less than the rental reserved in this Lease) subsequent to the commencement of a bankruptcy event;
14.2.9 Any security deposit given by Tenant to Landlord to secure the future performance by Tenant of all or any of the terms and conditions of this lease, shall be automatically transferred to Landlord upon the entry of an "Order of Relief"; and
14.2.10 The parties agree that Landlord is entitled to adequate assurance of further performance of the terms and provisions of this Lease in the event of any assumption and assignment of the Lease under the provisions of the Bankruptcy Code. For purposes of any such assumption or assignment, the parties agree that the term "adequate assurance" shall include at least the following without limitation:
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(i) Any proposed assignee must have demonstrated to Landlord's satisfaction a net worth (as defined in accordance with generally- accepted accounting principles consistently applied) of an amount sufficient to assure that the proposed assignee will have the resources with which to conduct the business to be operated in the Premises, including the payment of all rent and other charges hereunder, for the balance of the Lease Term. The financial condition and resources of Tenant are material inducements to Landlord entering into this Lease.
(ii) Any proposed assignee must have engaged in the permitted use described in Section 1.6 hereof for at least five (5) consecutive years prior to the proposed assignment. (iii) Any proposed assignee must have had minimum sales at each location at which it operated such a business equal to at least ninety percent (90%) of Tenant's average monthly sales at the Premises for the eighteen (18) month period preceding initiation of a proceeding under the Bankruptcy Code. (iv) In entering into this Lease, Landlord considered extensively Tenant's permitted use and determined that such permitted business would add substantially to the tenant mix in the Center, and were it not for the Tenant's agreement to operate only Tenant's permitted business on the Premises, Landlord would not have entered into this Lease. Landlord's operation of the Center will be materially impaired if a trustee in bankruptcy or any assignee of this Lease operates any business other than Tenant's permitted business. (v) The provisions of Section 4.7 of this Lease regarding competing locations and Landlord's acceptance thereof upon the terms and conditions specified therein were a material inducement to Landlord to enter into this Lease. Any individual or entity proposed by a trustee in bankruptcy to be an assignee of this Lease shall comply with the provisions of Section 4.7 of this Lease. Any proposed assignee of this Lease must assume and agree to be personally bound by each term, provision and covenant of this Lease. (vi) Any assumption of this Lease by a proposed assignee shall not adversely affect Landlord's relationship with any of the remaining tenants in the Center, taking into consideration any and all other "use" clauses and/or "exclusivity" clauses which may then exist under such tenants' leases with Landlord.
Should Landlord have re -entered the Premises under the provisions of Section 14.2.2 above, Landlord shall not be deemed to have terminated this Lease or the liability of Tenant to pay any rental or other charges thereafter accruing, or to have terminated Tenant's liability for damages under any of the provisions hereof by any action in unlawful detainer or otherwise to obtain possession of the Premises, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease, and Tenant further covenants that the service by Landlord of any notice pursuant to the unlawful detainer statutes of the state in which the Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of or at any time subsequent to the serving of such notice and such election is evidenced by a written notice to Tenant) be deemed to be a termination of this Lease. In the event of any entry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the personal property located therein and may place the same in storage at a public warehouse at the expense and risk of Tenant.
Should Landlord elect to terminate this Lease pursuant to the provisions of paragraph
14.2.1 or 14.2.3 above, Landlord may recover from Tenant as damages the following:
(i) The worth at the time of the award of any unpaid rent and other charges which had been earned at the time of termination; plus
(ii) The worth at the time of the award by which the unpaid rent and other charges which would have been earned after termination until the time of the award exceeds the amount of the loss of such rental and other charges that Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of the award of the amount by which the unpaid rent and other charges for the balance of the Lease Term after the time of the award exceeds the amount of the loss of such Item 1H - Page 22
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rental and other charges that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom including, but not limited to, any costs or expense incurred by Landlord in (a) retaking possession of the Premises, including reasonable attorneys' fees thereof; (b) maintaining or preserving the Premises after such default; (c) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises for such reletting; (d) leasing commissions; or (e) any other costs necessary or appropriate to relet the Premises; plus
(v) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law .
14.2.11 Should Landlord elect not to terminate this Lease, then Landlord may from time to time, without terminating this Lease, either recover all rental as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. In the event that Landlord shall elect to relet the Premises following an Event of Default by Tenant, then rentals received by Landlord from such reletting shall be applied:
1. first, to the payment of any indebtedness, other than Minimum Annual Rent due hereunder, owed by Tenant to Landlord;
2. second, to the payment of any cost of such reletting;
3. third, to the payment of the cost of any alterations and repairs to the Premises;
4. fourth, to the payment of Minimum Annual Rent due and unpaid hereunder; and
5. the residual, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder.
Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including but not limited to brokerage commissions, or in making alterations and repairs not covered by the rentals received from such reletting.
In the event of default, all of Tenant's fixtures, furniture, equipment, improvements, additions, alterations and other personal property shall remain on the Premises, and during the period of such default, Landlord shall have the right to require Tenant to remove the same forthwith.
14.3 Intentionally Deleted.
14.4 Definition of Worth at the Time of Award. As used in subparagraphs (i) and (ii) above, the "worth at the time of the award" shall be computed by allowing interest at the maximum rate permitted by law per annum. As used in subparagraph (iii) above, the "worth at the time of the award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent (1%), but not greater than ten percent (10%) per annum.
14.5 Cure of Tenant's Default. Should Tenant fail to pay and discharge, when due and payable any lien or claim for labor or materials, or any claim for damages arising out of the repair, alteration, maintenance and use of the Premises to be paid by Tenant under this Lease, or should Tenant fail to provide or evidence the provision of any insurance policy as required by this Lease, or should Tenant fail to fully pay or perform any sum to be paid or any covenant or agreement to be performed by Tenant, as provided for in this Lease, after ten (10) days' written Item 1H - Page 23
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notice from Landlord (except as provided to the contrary in Section 14.1 above or unless Landlord is required to cure Tenant's failure in performance to correct an unsafe condition or to obtain insurance to have been provided or evidenced by Tenant, in which event said prior written notice shall not be required), then Landlord may, at its option and without waiving or releasing Tenant from any of Tenant's obligations hereunder, pay any such lien, claim, or charge, or settle or discharge any action therefor or satisfy any judgment thereon, or obtain any such insurance, or pay any such sum or perform any such covenant or agreement. All costs, expenses and other sums incurred or paid by Landlord in connection therewith, together with interest at the maximum rate permitted by law per annum on such costs, expenses, and sums from the date incurred or paid by Landlord, shall be paid by Tenant to Landlord upon demand, and any default therein shall constitute a breach of the covenants and conditions of this Lease.
14.6 Fixtures and Personal Property. Without limitation of Landlord's rights under Section
9.3, in the event of Tenant's default, all of Tenant's merchandise, Fixtures and Personal Property shall, at Landlord's option (i) remain on the Premises and, continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use the same free of rent or charge until all defaults have been cured, (ii) be removed by Landlord from the Premises and placed in storage at a public warehouse at the expense and risk of Tenant, or (iii) be removed by Tenant upon demand by Landlord.
14.7 No Waiver. The waiver by Landlord of any breach or partial performance of any term, covenant or condition contained in this Lease shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach thereof, or of any other term, covenant or condition contained in this Lease.
14.8 Right to Cure. If Tenant fails, refuses or neglects to perform any obligation under this Lease in the time and manner required herein, Landlord shall have the right, but not the obligation, to do the same, but at the expense and for the account of Tenant. The amount of money so expended or obligations so incurred by Landlord, together with interest thereon at the Interest Rate, shall be repaid to Landlord within five (5) days of Tenant's receipt of written notice thereof. Landlord's performance of such obligations shall not waive any default by Tenant hereunder.
14.9 No Termination. No re -entry, reletting or taking possession of the Premises by Landlord pursuant to this Article 14, shall be construed as an election to terminate this Lease unless a written notice of such intention be given by Landlord to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Landlord may at any time after such reletting elect to terminate this Lease for any such default by Tenant.
ARTICLE 15
DEFAULTS BY LANDLORD; REMEDIES
Landlord shall not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after notice by Tenant to Landlord and to the holder of any Mortgage, if such holder so requires, specifying the nature of Landlord's failure to perform; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such 30- day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default, and Tenant's remedies shall be limited to monetary damages; provided however, that in no event shall Landlord be liable under any circumstances for any consequential damages incurred by Tenant, including, without limitation, any injury to, or interference with, Tenant's business, (including any loss of profits) arising in connection with this Lease. Nothing herein contained shall be interpreted to mean that Tenant is excused from paying rental due hereunder as a result of any default by Landlord.
It is expressly understood and agreed that, notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Landlord hereunder and any recourse by Tenant against Landlord shall be limited solely and exclusively to the interest of Landlord in and to the Shopping Center, and neither Landlord, nor any of its constituent partners or subpartners, shall have any personal liability therefor, and Tenant, on behalf of itself and all persons claiming by, through or under Tenant, hereby expressly waives and releases Landlord and such partners and subpartners from any and all personal liability.
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If Landlord impermissibly fails to give any consent required hereunder, Tenant shall be entitled to specific performance in equity and shall have such other remedies as are reserved to it under this Lease, but in no event shall Landlord be responsible in monetary damages for such failure to give consent unless said consent is withheld maliciously or in bad faith.
ARTICLE 16
SUBORDINATION; ATTORNMENT; NON-DISTURBANCE; ESTOPPEL
16.1 Subordination. This Lease, and all of Tenant's rights and interest in the leasehold estate hereunder, shall automatically be subject and subordinate to (i) any Mortgages and/or ground leases which encumber the Premises or the land in which the Premises are located that now encumber, or may hereafter be placed upon, the Premises, and to the rights of the mortgagees or beneficiaries or ground lessees thereunder, any and all advances made or to be made thereunder, the interest thereon, and all modifications, renewals, replacements and extensions thereof, and (ii) any of record reciprocal easement agreement, grant of easements, or declaration of conditions, covenants and restrictions, provided that the holder of such Mortgage and any ground lessor shall, by acceptance of such subordination or attornment as provided in Section 16.2 hereof, agree that Tenant shall not be disturbed in its possession or use of the Premises provided Tenant pays the Minimum Annual Rental and any other charge due under the Lease, and observes and performs all of its obligations under this Lease. If any such mortgagee or beneficiary so elects in writing, then this Lease shall be superior to the lien of the Mortgage held by such mortgagee or beneficiary, whether this Lease is dated or recorded before or after such Mortgage. Upon request, Tenant shall promptly execute and deliver to Landlord, or any such mortgagee or beneficiary or ground lessor, any documents or instruments required by any of them to evidence subordination of this Lease hereunder or to make this Lease prior to the lien of any Mortgage as herein specified, provided that a non- disturbance agreement signed by Landlord and mortgagee, beneficiary or ground lessor, and/or such non- disturbance language, is included in such documents or instruments . If Tenant fails or refuses to do so within ten (10) days after written request therefor by Landlord or such mortgagee or beneficiary or ground lessor, then Tenant shall be deemed to have irrevocably appointed Landlord as its attorney- in-fact to execute and deliver such documents or instruments on behalf of Tenant.
16.2 Attornment by Tenant. Upon enforcement of any rights or remedies under any Mortgage to which this Lease is subordinated (including proceedings for judicial foreclosure or a trustee's sale pursuant to a power of sale, or deed in lieu of foreclosure delivered by Landlord to the mortgagee or beneficiary thereunder), Tenant shall, at the election of the purchaser or transferee under such right or remedy, attorn to and recognize such purchaser or transferee as Tenant's landlord under this Lease. Tenant shall execute and deliver any document or instrument required by such purchaser or transferee confirming the attornment hereunder.
16.3 Estoppel Certificate. At any time and from time to time on not more than ten (10) days' notice from Landlord, Tenant shall execute and deliver to Landlord a written statement in form and substance as more particularly described on Exhibit “F” attached hereto (or any other form as may be required by the holder of any Mortgage or any prospective purchaser of the Shopping Center or the Premises) confirming certain matters concerning this Lease ("Estoppel Certificate"). Tenant's failure to execute and deliver the Estoppel Certificate or, if Tenant disputes the accuracy of any statement(s) contained in the Estoppel Certificate, Tenant's failure to notify Landlord in writing and with specificity why it disputes the accuracy of such statements, within said ten- day period shall be deemed to make conclusive and binding upon Tenant the statements contained in the Estoppel Certificate as true and correct, without exception. Unless Tenant shall have notified Landlord in writing within said ten (10) day period of any qualifications Tenant may have to the statements in the Estoppel Certificate, anyone transacting with Landlord in a Sale or Mortgage of the Premises shall have the right to rely on the accuracy of such statements, whether actually made by Tenant in the Estoppel Certificate or deemed made by Tenant pursuant to this Section.
ARTICLE 17
SECURITY DEPOSIT
Concurrently with execution and delivery of this Lease, Tenant shall deposit with Landlord the Security Deposit as defined in Section 1.12 above. The Security Deposit shall be held by Landlord without liability for interest as security for the faithful performance by Tenant of all of its obligations under this Lease. If any of the rental herein reserved or any other sum payable by Tenant to Landlord shall be overdue or paid by Landlord on Item 1H - Page 25
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behalf of Tenant, or if Tenant shall fail to perform any of its other obligations under this Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire Security Deposit, or so much thereof as may be necessary, to compensate Landlord for Minimum Annual Rental, loss or damage sustained by Landlord as a result thereof, and Tenant shall forthwith upon demand restore said Security Deposit to the original sum deposited. Should Tenant comply with all of said obligations and promptly pay all the rentals when due and all other sums payable by Tenant to Landlord, said Security Deposit shall be refunded in full to Tenant after Tenant has surrendered possession of the Premises to Landlord at the expiration or earlier termination of the Lease Term. If Landlord claims deductions against the Security Deposit, Landlord shall return any remaining portion to Tenant . Deductions may include an estimate for the final Common Expense reconciliation until such time as the actual reconciliation is completed for the final year of the lease term. Tenant hereby waives the provisions of California law now or hereafter in effect which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant.
Landlord may deliver the funds deposited hereunder by Tenant to the purchaser or assignee of Landlord's interest in the Premises in the event that such interest is transferred and thereupon Landlord shall be discharged from any further liability with respect to such Security Deposit. Landlord reserves the right to increase the Security Deposit at the same time and in the same manner that the Minimum Annual Rental is increased pursuant to the terms of this Lease. Any failure of Landlord to exercise its right to increase the Security Deposit as provided for herein shall not be deemed a waiver of such right, and any annual increase not collected when due shall accrue and be added to the next Security Deposit increase.
ARTICLE 18
Reserved
ARTICLE 19
Reserved.
.
ARTICLE 20
MISCELLANEOUS
20.1 Severability; Construction of Provisions. It is agreed that, if any provision of this Lease shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Lease and all such other provisions shall remain in full force and effect.
20.2 Entire Agreement; Interpretation. It is understood that there are no oral or written agreements or representations between the parties hereto affecting this Lease, and that this Lease supersedes and cancels any and all previous negotiations, arrangements, representations, brochures, displays, projections, estimates, agreements and understandings, if any, made by or between Landlord and Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret, construe, supplement or contradict this Lease. Although the printed provisions of this Lease were drawn by Landlord, the parties hereto agree that this circumstance alone shall not create any presumption, canon of construction or implication favoring the position of either Landlord or Tenant. The parties agree that any deletion of language from this Lease prior to its mutual execution by Landlord and Tenant shall not be construed to have any particular meaning or to raise any presumption, canon of construction or implication, including, without limitation, any implication that the parties intended thereby to state the converse of the deleted language.
20.3 Governing Law/ Waiver of Jury Trial. The laws of the State of California shall govern the validity, performance and enforcement of this Lease. Venue shall be in Riverside County, California. LANDLORD
AND TENANT DO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR
COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY Item 1H - Page 26
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MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT,
THE RELATIONSHIP OF LANDLORD AND TENANT, OR TENANT'S USE OR OCCUPANCY OF THE PREMISES.
20.4 Force Majeure. The occurrence of any of the following events shall excuse such obligations of Landlord or Tenant as are thereby rendered impossible or reasonably impracticable for so long as such event continues: lockouts; labor disputes; acts of God; inability to obtain labor, materials or reasonable substitutes therefor; governmental restrictions, regulations or controls; judicial orders; enemy or hostile governmental action; civil commotion; fire or other casualty; and other causes beyond the reasonable control of the party obligated to perform. Notwithstanding the foregoing, the occurrence of such events shall not excuse Tenant's obligations to pay Minimum Annual Rental (except as provided in Section 12.5); moreover, should the work performed by Tenant or Tenant's contractor result in a strike, lockout and/or labor dispute, such strike, lockout and/or labor dispute shall not excuse Tenant's performance.
20.5 Amendments and Waivers. To be effective and binding on Landlord and Tenant, any amendment, modification, addition, deletion to or waiver of the provisions of this Lease must be made in writing and executed by both parties (or the waiving party) in the same manner as the Lease itself.
20.6 Time of Essence. Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor.
20.7 Rate of Interest. The rate of interest to be charged under the provisions of this Lease (the "Interest Rate"), unless expressly stated otherwise, shall be the lesser of (i) the prime rate or reference rate, or succeeding similar index, announced by Bank of America, N. A. (or its successor) from time to time plus three (3) percentage points or (ii) the maximum rate allowed by law. The Interest Rate shall be computed on the basis of monthly compounding with actual days elapsed compared to a 360-day year.
20.8 Joint and Several Liability. If two (2) or more persons or corporations execute this Lease as Tenant, then and in such event the word "Tenant" as used in this Lease shall refer to all such persons or corporations, and the liability of such persons or corporations for compliance with the performance of all the terms, covenants and conditions of this Lease shall be joint and several.
21.9 Successors and Assigns. All the provisions of this Lease, except as otherwise specified, shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and permitted assigns.
20.10 Brokers. Landlord has entered into an agreement with Landlord's Broker, and Landlord shall pay any commissions or fees that are payable to Landlord's Broker with respect to this Lease in accordance with provisions of a separate commission contract. Landlord shall have no further or separate obligation for payment of commissions or fees to any other real estate broker, finder or intermediary. Tenant represents that it has not had any dealings with any real estate broker, finder or intermediary with respect to this Lease, other than Landlord's Broker and Tenant's Broker, if applicable. Any commissions or fees payable to Tenant's Broker with respect to this Lease shall be paid exclusively by Landlord's Broker or Tenant. Subject to the foregoing, each party hereto shall indemnify and hold harmless the other party hereto from and against any and all losses, damages, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees and related costs) resulting from any claims that may be asserted against such other party by any real estate broker, finder or any intermediary arising from any acts of the indemnifying party in connection with this Lease.
20.11 Recordation. Tenant shall not record this Lease or a memorandum thereof.
20.12 Execution in Counterparts. This Lease may be executed in counterparts, and, when all counterpart documents are executed, the counterparts shall constitute a single binding instrument.
20.13 Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same, to perform Landlord's duties under Section 11.2, showing Item 1H - Page 27
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the same to prospective purchasers, lenders, or tenants and making such alterations, repairs, improvements or additions to the Premises or to the building of which they are a part (a) as Landlord may deem necessary or desirable, (b) that may be necessary to comply with applicable law, and/or (c) that may be necessary to prevent waste if Tenant fails to perform such work. Landlord may at any time place on or about the Premises any ordinary "For Sale" signs and Landlord may at any time during the last 180 days of the Lease Term place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or liability to Tenant. No exercise by Landlord of any such rights shall entitle Tenant to any compensation or abatement of rent for any injury or inconvenience occasioned thereby.
20.14 Sale or Mortgage by Landlord. Landlord may, at any time, without the consent of Tenant, contract to and/or perform any of the following transactions with respect to an interest in Landlord, the Lease, the Premises, the realty underlying the Premises, and/or any portion of or interest in the realty or improvements in the Shopping Center owned or hereafter acquired by Landlord: sale, purchase, exchange, transfer, assignment, lease, conveyance (collectively referred to herein as "Sale "); and/or encumbrance, pledge, mortgage, deed of trust, hypothecation or sale and leaseback transaction (collectively referred to herein as "Mortgage "). From and after a Sale, Landlord shall be released from all liability to Tenant and Tenant's successors and assigns arising from this Lease because of any act, occurrence or omission of Landlord occurring after such Sale.
20.15 Attorney Fees. If either Landlord or Tenant institutes any action or proceeding against the other relating to the provisions of this Lease or any default hereunder, the nonprevailing party in such action or proceeding shall reimburse the prevailing party for the reasonable expenses of attorney fees and all costs and disbursements incurred therein by the prevailing party, including, without limitation, any such fees, costs or disbursements incurred on any appeal from such action or proceedings.
20.16 Notices. All notices, approvals, requests, demands and other communications permitted or required to be given under this Lease shall be in writing and shall be and deemed duly served or given when actually delivered, if personally delivered (including delivery by Federal Express, Express Mail or other similar overnight courier service which confirms delivery in writing), or within five (5) business days after deposit in the U.S. Mail, if sent by certified mail, postage prepaid, return receipt requested. Communications for the purposes of notification or access may be delivered via facsimile or e- mail. Such notices shall be addressed to the addresses of the parties set forth in Section 1.11; provided however, notices to Tenant shall be deemed duly served or given if personally delivered or mailed to Tenant at the Premises. Landlord and Tenant may, from time to time by notice to the other, designate another place for receipt of future notices.
20.17 Exhibits and Riders. All Exhibits, Schedules and Riders referenced in this Lease and attached hereto are hereby incorporated into this Lease by this reference.
20.18 Independent Covenants. This Lease shall be construed as though the covenants herein between Landlord and Tenant are independent and not dependent and Tenant hereby expressly waives the benefit of any statute to the contrary and agrees that if Landlord fails to perform its obligations set forth herein, Tenant shall not be entitled to make any repairs or perform any acts hereunder at Landlord's expense or to any setoff of the Minimum Rent or other amounts owing hereunder against Landlord unless otherwise set forth herein; provided, however, that the foregoing shall in no way impair the right of Tenant to commence a separate action against Landlord for any violation by Landlord of the provisions hereof so long as notice is first given to Landlord and any holder of a mortgage or deed of trust covering the Shopping Center or any portion thereof, whose address has theretofore been given to Tenant, and an opportunity is granted to Landlord and such holder to correct such violations as provided above.
20.19 Landlord’s Lien. Landlord shall have at all times a valid lien for all rentals and other sums of money becoming due hereunder from Tenant, upon all goods, wares, equipment, fixtures, furniture and other personal property of Tenant situated on the Premises, and such property shall not be removed therefrom without the consent of Landlord until all arrearages in rent as well as any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged. Notwithstanding the previous sentence, while Tenant is not in default in the payment of rent or other charges under this Lease, it may sell in the ordinary course of business, trade or replace any of said items free of this security interest, and the security interest shall, then, apply to the newly acquired items. This security interest shall be subordinate to the lien of any security interest hereinafter given to Item 1H - Page 28
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any lending institution as security for a bonafide business loan to Tenant that is used primarily in the operation of Tenant's business in the Premises, provided that such financing arrangement shall include the right of the Landlord (which right Tenant hereby grants to Landlord), at Landlord's option, to cure any default of Tenant thereunder and assume the position of Tenant therein. If Landlord at any time, by reason of such default, is compelled to pay or elects to pay a sum of money, or to do any act that will incur the obligation to pay a sum of money, or is compelled to incur any cost, including, without limitation, reasonable attorneys' fees in instituting, prosecuting, or defending any action of proceeding to enforce Landlord's rights as a secured party, the money paid by Landlord, together with interest, shall be repaid to Landlord by Tenant immediately upon demand. Tenant will execute upon Landlord's request a financing statement and security agreement evidencing Landlord's security interest in Tenant's personal property in form properly completed for filing and recording. Tenant warrants to Landlord that there are no prior liens or security interests on said personal properties. Upon the default in the performance of any of the obligations of Tenant under this Lease, Landlord shall immediately have the remedies of a secured party under the California Uniform Commercial Code, in addition to any remedy which Landlord may have under the terms and provisions of this Lease independently of said security interest
.
20.20 Assignee Notice. If any part of the Premises is at any time subject to a mortgage or a deed of trust, and this Lease or the rentals due from Tenant hereunder are assigned to a mortgagee(s), trustee(s) or beneficiary(ies) ("Assignee" for the purposes of this Section 21.20 only) and Tenant is given written notice of the assignment including the post office address of the Assignee, then Tenant shall also give written notice of any default by Landlord to Assignee, specifying the default in reasonable detail and affording Assignee a reasonable opportunity to make performance for and on behalf of Landlord. If and when Assignee has made performance on behalf of Landlord, the default shall be deemed cured.
2 0.21 No Implication of Exclusive Use . Nothing contained in this Lease shall be deemed to give Tenant an express or implied exclusive right to operate any particular type of business in the Center.
20.22 Center Remodeling . At any time during the Term, Landlord may remodel or expand, in any manner, the existing Center, which work may include the addition of shops and/or the addition of new buildings to the Center (collectively, " Remodeled Center"). If Landlord deems it necessary for construction personnel to enter the Premises in order to construct and/or renovate the Remodeled Center, Landlord shall give Tenant no less than five (5) days prior notice and Tenant shall allow such entry. Landlord shall use reasonable efforts to complete the work affecting the Premises in an efficient manner so as not to interfere unreasonably with Tenant's business.
Tenant shall not be entitled to any damages or to reduction in Minimum Annual Rent, Percentage Rent or any other amounts due hereunder for any interference or interruption of Tenant's business upon the Premises or for any inconvenience caused by such construction work. Landlord shall have the right to use the portion of the Premises to accommodate any structures required for the Remodeled Center. If, as a result of Landlord utilizing a portion of the Premises for such purpose, there is a permanent increase or decrease in the square footage of the Premises of 1% or more, there shall be a proportionate adjustment of Minimum Annual Rent and other charges based on square footage. During the course of construction, Tenant shall continue to pay Minimum Annual Rent, Percentage Rent and all other amounts due hereunder.
20.23 Disclaimer of Authority. The Brokers identified in Section 1.14 above has(have) acted as the real estate broker(s) for Landlord in negotiating this Lease. By signing this Lease, Tenant acknowledges and agrees that no promise, representations or assurances made by such broker(s) or by any other employee and/or agent of Landlord that is not expressly set forth in this Lease will be binding upon or enforceable against Landlord.
20.24 CASp Disclosure . Landlord discloses that the Premises has not undergone an inspection by a Certified Access Specialist ("CASp"). Pursuant to California Civil Code Section 1938, Landlord hereby further advises Tenant as follows: A CASp can inspect the subject Premises and determine whether the subject Premises comply with all of the applicable construction -related accessibility standards under Applicable Regulations.
Although state Applicable Regulations do not require a CASp inspection of the subject Premises, Landlord may not prohibit Tenant from obtaining a CASp inspection of the subject Premises for the occupancy or potential occupancy of Tenant, if requested by Tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction- related accessibility standards within the Premises. This disclosure is intended Item 1H - Page 29
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to comply with Section 1938 of the California Civil Code.
To the maximum extent permitted by Applicable Regulations, if Tenant elects to engage a CASp to perform an inspection of the Premises, (a) Tenant shall be solely responsible for the costs thereof, (b) Tenant shall obtain Landlord's prior written consent with respect to the date and time of such CASp inspection, (c) Tenant shall promptly notify Landlord of the results of such inspection and provide a copy thereof to Landlord, but shall otherwise treat same as confidential information, (d) if such CASp inspection report indicates that the Premises do not comply with all Applicable Regulations, Tenant shall (i) promptly perform all alterations and/or modifications necessary to cause the Premises to be in compliance with all Applicable Regulations, all at Tenant's sole cost and expense (provided all such work shall be completed in accordance with the terms of this Lease), and (ii) upon the completion of such work, Tenant shall cause, at its sole cost and expense, a CASp to return to the Premises and verify that all required alterations or modifications have been completed in accordance with all Applicable Regulations.
Item 1H - Page 30
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IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set forth below.
LANDLORD: Pacific Castle Rimrock, LLC,
a Delaware limited liability company
By: Pacific Castle Fund I, LP,
a Delaware limited partnership,
its sole member
By: Pacific Castle Asset Management, LLC,
a Delaware limited liability company,
its General Partner
By: Pacific Castle Capital II, LLC,
a Delaware limited liability company,
its Manager
Dated: __________________ By:
Name: Rod Astarabadi
Title: President
Item 1H - Page 31
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TENANT: The City of Palm Springs
Dated: __________________ By:
Name: ___________________________________________
Title: ___________________________________________
Dated: __________________ By:
Name: ___________________________________________
Title: ___________________________________________
Item 1H - Page 32
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EXHIBIT A
GENERAL SITE PLAN OF THE SHOPPING CENTER
(with location of Premises cross-hatched thereon; not a representation or warranty)
Item 1H - Page 33
~lfil
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EXHIBIT B
DESIGN AND CONSTRUCTION OF TENANT'S WORK
1. Plans and Specifications. Tenant shall submit to Landlord, within fifteen (15) business days after execution of this Lease by both parties, construction plans and specifications for Tenant's Work as described in this Exhibit B. Tenant shall employ a licensed architect approved by Landlord, to prepare plans which are professional, complete and in compliance with all governing laws, codes and ordinances. Landlord will, within ten (10) business days following receipt of the Tenant's proposed construction plans and specifications, either approve or disapprove the plans and specifications. The plans and specifications as approved by Landlord shall be defined as the "Approved Construction Plans ". Approved Construction Plans are not a representation by Landlord that they are in compliance with the requirements of governing authorities, and it shall be Tenant's responsibility to meet and comply with all Federal, State, and local law and code requirements.
2. Payment for Changes in Work and Delays in Landlord's Work. No changes to the Approved Construction Plans shall be made without the written consent of Landlord. Any additional charges, expenses or costs including, without limitation, increased fees which Landlord may be required to pay for architectural, engineering, construction and other similar services arising by reason of any subsequent change in the Approved Construction Plans made at the request of Tenant shall be the sole cost and expense of Tenant and shall be paid by Tenant to Landlord prior to the performance of the work. Landlord shall have the right, but not the obligation, to extend the date of delivery of the Premises to Tenant one day for each day Landlord's Work in the Premises is delayed because of such changes.
3. Requirements Relating to Tenant's Work.
3.1 All of Tenant's Work in the Premises shall be strictly in accordance with the Approved Construction Plans and all governing laws, codes and ordinances. Tenant shall obtain, at its sole cost and expense, permits and approval from all necessary authorities for Tenant's Work and shall furnish Landlord with a copy of said permits prior to commencement of construction.
3.2 Tenant shall obtain Landlord's prior written approval of all required state licensed contractors and licensed subcontractors engaged to perform any portion of Tenant's Work. Tenant shall not need to obtain Landlord’s written approval for work performed by City Employees.
3.3 Tenant agrees to cooperate and comply with all reasonable rules and regulations (which shall be nondiscriminatory and uniformly enforced) which Landlord, its architect, contractor or agents make in connection with the construction of the Shopping Center and the Premises.
3.4 Prior to commencement of construction of Tenant's Work, Tenant shall furnish Landlord with (i) evidence that Tenant has satisfied the insurance requirements of Section 7.2 of the Lease and (ii) if using contractors or subcontractors, a certificate of its contractors’ workers' compensation and liability insurance, both of which shall name Landlord, Landlord’s mortgagees or beneficiaries, Landlord’s property and asset management companies and such additional individuals or entities as Landlord shall from time to time designate as additional insureds.
3.5 Within the earlier of ten (10) days after completion of construction of Tenant's Work, or ten (10) days after Tenant's opening for business, Tenant shall deliver to Landlord the following items: (a) a copy of the Certificate of Occupancy for the Premises issued by the appropriate governmental agency; (b) copies of all mechanics' lien releases or other lien releases relating to Tenant's Work, notarized and unconditional, in such form as Landlord shall have pre -approved (if applicable); (c) a copy of Tenant's recorded valid Notice of Completion; (d) copies of all building permits indicating inspection and approval of the Premises by the issuer of said permits; (e) an architect's certification that the Premises have been constructed in accordance with Approved Construction Plans and are one hundred percent (100%) complete; (f) copies of all guaranties, warranties and operations manuals issued Item 1H - Page 34
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by the contractors and suppliers of Tenant's Work, which guaranties and warranties shall inure to the benefit of both Landlord and Tenant; and (g) a copy of the final City approved as-built plan for Tenant's Work.
4. Delivery of Premises and Commencement of Tenant's Work.
4.1 Upon substantial completion of Landlord's Work, Landlord shall tender delivery of the Premises to Tenant for its fixturization and performance of Tenant's Work. Notwithstanding the foregoing, Landlord may request Tenant to commence part or all of Tenant's Work prior to completion of Landlord's Work if Landlord and Tenant, in their reasonable discretion, deem that accelerating Tenant's Work would be advantageous to Landlord and Tenant and/or prevent delays in Landlord's Work.
4.2 Upon Landlord's delivery of possession of the Premises to Tenant, Tenant shall thereupon proceed with due diligence to install Tenant's Work, including Tenant's equipment and merchandise, without interfering with other work being done in the Premises or Shopping Center. Landlord shall have no responsibility for any loss of, or damage to, any of Tenant's property installed or left on the Premises. Tenant's entry prior to the commencement of the Lease Term shall be subject to all of the provisions of the Lease other than the payment of rent and other charges of Landlord. At all times after such entry, Tenant shall maintain, or cause to be maintained, insurance complying with the provisions of the Lease, notwithstanding the fact that the Lease Term shall not then have commenced.
5. Acknowledgment of Completion of Landlord Work.
5.1 Subject to Section 5.2 below, Tenant agrees that upon substantial completion of Landlord's Work, Tenant shall conclusively be deemed to have accepted the Premises and Tenant hereby waives any and all rights or claims against Landlord arising out of the condition of the Premises including, but not limited to, any and all latent or patent defects therein. Nothing contained in this paragraph shall be deemed to limit Landlord's obligations to repair the Premises, wherever such obligation is expressly set forth in the Lease.
5.2 Within ten (10) days following delivery of substantially completed Premises to Tenant, and prior to commencement of Tenant’s Work, Tenant shall provide the Landlord with a list of those construction items, if any, which are patently or latently either incomplete or defective. Said list shall be referred to as the "punch-list". The failure of Tenant to submit the punch- list within such time shall be deemed final approval and acceptance of Landlord's Work. The items on the "punch-list" shall be addressed by Landlord in timely fashion.
6. Landlord's Work. Landlord's Work is described in Schedule 1 attached hereto.
7. Tenant's Work. The work to be performed by Tenant shall be all work (other than that specifically designated as Landlord's Work) necessary to complete the Premises in accordance with the Approved Construction Plans ("Tenant's Work").
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SCHEDULE 1 TO EXHIBIT B
(Landlord's Work)
Landlord shall deliver the Premises in a clean, code-compliant vanilla shell condition suitable for Tenant’s use as a temporary public library and office space. Landlord's Work shall be designed and constructed in such manner as Landlord, in its sole and absolute discretion, deems advisable, with building standard materials, fixtures and equipment. The scope of Landlord’s Work shall include the following:
• a. HVAC Systems
• Existing rooftop HVAC systems shall be fully operational, properly serviced, and certified in good working order.
• Minimum capacity of one (1) ton per 350 usable square feet. • System shall be tested and properly balanced prior to delivery. • b. Electrical and Lighting
• bathroom light switches and exhaust fans shall be tested and replaced if non- functional. • Two electrical drops will be provided at center of front room. • c. Fire/Life Safety
• Fire sprinkler system shall be operational and code compliant. • Any existing fire alarm system shall be functional and meet current code standards. • d. Plumbing and Restrooms
• Kitchen and restroom facilities shall be fully ADA-compliant. • Any broken toilets, sinks, faucets, or accessories shall be repaired or replaced. • All plumbing systems shall be delivered in good working order. • e. Interior Finishes
• All ceiling tiles shall be replaced with new acoustical ceiling tiles. • Flooring shall consist of commercial-grade carpet, installed throughout designated areas. • Any existing tile flooring shall be acid washed, and grout shall be cleaned and sealed. • Any broken or missing tiles shall be replaced to match adjacent finishes. • f. Doors and Hardware
• All exterior exit doors and door frames shall be repaired. If they cannot be repaired, same shall be replaced.
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• All related door hardware shall be replaced and fully operational to code. • g. Wiring and Communications
• All legacy wiring related to former tenants’ telephone or internet systems, including server room wiring, shall be removed or properly capped and terminated in accordance with code. • h. Controls and Security
• All existing HVAC controls, thermostats, and system switches currently located at the front entrance shall be relocated to a location mutually agreed upon by Landlord and Tenant that is secure and inaccessible to the public. • i. Structural and Building Systems
• Roof shall be inspected, repaired as necessary, and certified as sound and leak -free by a licensed roofing contractor.
• All structural elements including walls, foundation, and slab shall be in good condition, free of major defects or damage.
• Premises to be delivered in broom-clean condition.
Item 1H - Page 37
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EXHIBIT C
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Exhibit C
Exclusive Uses & Prohibited Uses
Tenant
Unit #
Exclusive Use
Eisenhower
Medical
4771F Lessee shall have the exclusive right to provide pediatric, family practice, neonatal/prenatal practice, family planning, workmen’s compensation, personal injury, urgent care (8:00 am to 8:00 pm) medical services, x-ray, ultrasound diagnostic services, lab/blood draw services.
Palm Springs
Animal
Hospital
4771E Landlord agrees that from and after the execution of this Lease by the parties, Landlord shall not enter into any new lease of all or any portion of the Shopping Center granting to any other tenant or occupant of the Shopping Center the right to utilize the premises leased or owned by such other tenant or occupant for the following: operation of a veterinary hospital.
Vons 4733 Lessor agrees that it shall not permit the use or operation of any portion of the shopping center within 200 feet of any exterior building wall of the leased premises for a restaurant (fast food or sit-down) or entertainment or recreational activities such as, but not limited to, bowling alleys, theaters, carnivals or other places of public or private amusement. Notwithstanding the foregoing, Lessor may permit the operation of a delicatessen, ice cream parlor, donut shop, pizza and/or chicken takeout or similar use which shall not exceed 2,500 square feet each within the shopping center if such use is not within 75 feet of any exterior building wall of the leases premises. Lessor further covenants and agrees not to permit the use or operation of a theater within any portion of the shopping center.
Roadrunner
Print and Ship
4751C Landlord shall not lease to another tenant who has mailbox rentals or offers shopping/mailing services such as those offered by a typical mailbox store tenant, excluding existing tenants, assigns, successor and replacements.
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EXHIBIT D
SIGN CRITERIA
Per City ordinances
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EXHIBIT E
RULES AND REGULATIONS
Landlord hereby establishes the following rules and regulations as Landlord deems necessary for the safety, care and cleanliness of (i) the store areas (hereinafter referred to as the "Premises") of any tenant or tenants of the Center (hereinafter referred to as the "Tenant"), (ii) the common area; and (iii) the Center in general, or for the preservation of good order:
A. FOR THE STORE AREAS:
1. All floor areas of the Premises (including vestibules, entrances, and air returns),doors, fixtures, windows, and plate glass shall be maintained in a clean, safe and good condition.
2. All trash, refuse, and waste materials shall be stored in adequate containers and regularly removed from the Premises. These containers shall not be visible to the general public and shall not constitute a health or fire hazard, or a nuisance to any other Tenant. In the event that any Tenant shall fail to remedy such a health or fire hazard, or nuisance, within five (5) days after written notice by Landlord, Landlord may remedy and/or correct such health or fire hazard or nuisance at the expense of the Tenant involved.
3. No portion of the Premises shall be used for lodging purposes.
4. Neither sidewalks nor walkways shall be used to display, store, or place any merchandise, equipment or devices, except in connection with sidewalk sales held with Landlord's prior written approval. The roof of the Premises shall not be used for the storage of merchandise or equipment.
5. No public telephone, newsstand, shoe shine stand, refreshment, vending or other coin- operated machine shall be installed or placed on the sidewalk or walkway area adjacent to the Premises or on the common areas without Landlord's prior written approval in each instance.
6. No person or persons shall use the Premises, or any part thereof, for conducting therein a second-hand store, auction, distress or for sale or bankruptcy sale, or "going- out-of-business" sale or "lost our lease" sale without Landlord's prior written consent.
7. No portion of the Premises shall be used for the storage of any merchandise, materials or other properties, other than those reasonably necessary for the operation of a Tenant's business. Landlord may, from time to time, inspect the Premises to insure compliance with the foregoing provisions.
8. Tenant shall not black out or otherwise obstruct the windows of the Premises by signage or otherwise, without Landlord's prior written consent.
9. If a Tenant provides its customers with the use of shopping carts and/or baskets, such Tenant shall be responsible for causing said carts and/or baskets to be stored only in areas designed by Landlord. If such Tenant fails to routinely col lect and store said carts as necessary (at least twice on a daily basis), Landlord may assume the responsibility of same and may bill the Tenant involved on an estimated monthly basis for such service.
B. FOR THE COMMON AREAS:
1. All Tenants and their authorized representatives and invitees shall use any roadway, walkway, or mall (including the enclosed mall, if any) only for ingress and egress from the stores in the Center. Use of the common areas shall be in an orderly manner in accordance with directional or other signs or guides.
Roadways shall not be used at a speed in excess of ten (10) miles per hour and shall not be used for parking or Item 1H - Page 40
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stopping, except for the immediate loading or unloading of passengers. Walkways and malls (including the enclosed mall, if any) shall be used only for pedestrian travel.
2. All Tenants and their authorized representatives and invitees shall not use the parking areas for anything but parking motor vehicles. All motor vehicles shall be parked in an orderly manner within the painted lines defining the individual parking places. During peak periods of business activity, Landlord can impose any and all controls Landlord deems necessary to operate the parking lot including but not limited to the length of time for parking use.
3. No person shall use any utility area or truck loading area reserved for use in conducting business, except for the specific purpose for which permission to use these areas has been given.
4. No employee shall use any area for motor vehicle parking except the area specifically designated for employee parking. No Tenant shall designate an area for employee parking except the area designated in writing by Landlord.
5. Without the prior written consent of Landlord, no person shall use any of the common areas for:
(a) Vending, peddling or soliciting orders for sale or distributing of any merchandise, device, service, periodical, book, pamphlet, or other matter; (b) Exhibiting any non- professional sign, placard, banner, notice or other written material;
(c) Distributing any circular, booklet, handbill, placard, or other material; (d) Soliciting membership in any organization, group, or association, or soliciting contributions for any purpose;
(e) Parading, patrolling, picketing, demonstrating, or engaging in conduct that might interfere with the use of the common areas or be detrimental to any of the business establishments in the Center;
(f) Using the common areas for any purpose when none of the business establishments in the Center is open for business;
(g) Discarding any paper, glass, or extraneous matter of any kind, except in designated receptacles;
(h) Except for normal and customary sound devices for Tenant's drive -thru facilities, using a sound-making device that is grossly annoying or unpleasant to the general public; or (i) Damaging any sign, light standard, or fixture, landscaping material or other improvement or property within the Center.
The above listing of specific prohibitions is not intended to be exclusive, but is intended to indicate the manner in which the right to use the common areas solely as a means of access and convenience in shopping at the business establishments in the Center is limited and controlled by Landlord.
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EXHIBIT F
TENANT ESTOPPEL CERTIFICATE
[THIS IS A SAMPLE DOCUMENT; DO NOT EXECUTE]]
TO: ____________________________
Attention: ____________________
_________________________
_________________________
RE: Premises Address: _______________________, _______________________ (Shopping Center) Suite No. _____________
Lease Date: ___________________
By and Between: ________________________ , and ______________________ (Tenant) Square Footage Leased: Approximately _____________ Square Feet
The undersigned is the Tenant under the above -referenced lease and a true, correct and complete copy of which Lease and any and all amendments thereto is attached hereto as Exhibit “A” and are hereinafter collectively referred to as the “Lease.” The undersigned hereby acknowledges and certifies on behalf of itself, its successors and assigns, to __________________________________(“Lender”) and ___________________________________ (“Landlord”) and each of their respective successors and assigns, the following:
1. The above -described Lease is unmodified and in full force and effect except for ____________________________________________________________________.
2. There is no prepaid rent, other than the current month’s rent paid in advance, except ___________________________________________ Dollars ($____________), and the amount of the security deposit is $_______________. The undersigned is not entitled to any “free” rent, rental concessions or other similar benefits, except for ____.
3. Possession of the Premises was taken by Tenant on ___________. Tenant began paying rent on ___________. Tenant’s current minimum monthly rental payments are _________________. Tenant’s current percentage rent is ___________ of ____________. Tenant’s current estimated monthly NNN payments are ______________. Minimum rent was last paid on _____________ and has been paid through ____________.
Estimated monthly NNN payments were past paid on ____________ and have been paid through ________________.
4. No payments are required to be made by Landlord to Tenant and all work to be performed for Tenant by or on behalf of Landlord under the Lease has been performed as required and has been accepted by Tenant, except for Item 1H - Page 42
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.
5. The Lease terminates on ________________ and Tenant has the following renewal option(s):
_________________ option(s) to extend and renew the Lease for ____________ each. The exercise date(s) of said option(s) are: ______________.
6. Tenant has no right or option pursuant to the Lease or otherwise (i) to purchase all or any part of the Premises or the Center; (ii) for additional space in the Center, and/or (iii) to terminate the Lease prior to its stated expiration date except as follows: ______________________________________________.
7. As of the date hereof, neither Landlord nor Tenant is in default under the Lease, and Tenant has no knowledge of the occurrence of any event which with notice and/or the passage of time would constitute a default under the Lease, nor does Tenant have any claims against Landlord nor any defenses or offsets against rent.
8. The undersigned acknowledges that Lender, Landlord and their respective successors and/or assigns, may rely upon this Estoppel Certificate.
9. The undersigned is duly authorized to execute this certificate on behalf of the Tenant.
10. The undersigned has not assigned or sublet the Premises nor does Tenant hold the Premises under an assignment or sublease except: ________________________________________________.
IN WITNESS WHEREOF, Tenant has executed this Tenant’s Estoppel Certificate this ____ day of _________________________, 200_.
TENANT:
__________________________________
By:
Name:
Title:
By:
Name:
Title:
Item 1H - Page 43
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EXTENSION OPTION RIDER
This Extension Option Rider ("Rider") is made and entered into by and between Pacific Castle Rimrock, LLC, a Delaware limited liability company ("Landlord"), and The City of Palm Springs ("Tenant"), and is dated as of the Effective Date of the Shopping Center Lease ("Lease") by and between Landlord and Tenant to which this Rider is attached. The agreements set forth in this Rider shall have the same force and effect as if set forth in the Lease. To the extent the terms of this Rider are inconsistent with the terms of the Lease, the terms of this Rider shall control.
1. Option to Extend Lease Term . Land lord hereby grants to Tenant two (2) options to extend the Lease Term each for a period of six (6) months (individually and collectively, "Option Term").
Each option must be exercised, if at all, by written notice ("Option Notice") delivered by Tenant to Landlord not less than three (3) months prior to the end of the initial Lease Term or extended Lease Term, whichever is applicable. Further, the option shall be deemed not to be properly exercised, if, as of the date of the Option Notice or at the end of the initial Lease Term or extended Lease Term (whichever is applicable), Tenant is in default under the Lease. Provided Tenant has properly and timely exercised the option, the Lease Term shall be extended for the number of months specified above, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect.
2. The Option shall be exercisable by Tenant on the express condition for Landlord's benefit that Tenant shall not be in default either at the time of the exercise of the Option or at the commencement of the Option Term. If Tenant timely exercises the Option under this Rider, "Lease Term" shall mean, for all purposes under the Lease, the sum of (a) the original Lease Term, plus (b) the term of the Option Term for which the Option has been exercised.
3. The Minimum Rent due at the commencement of the first (1 st) Option Term shall be one hundred
and three percent (103%) of the Minimum Rent due for the month immediately preceding the commencement of the first (1 st) Option Term. In the event that Tenant exercises its second option to extend the Term of the Lease, Minimum Rent during the second (2 nd) Option Term shall be the same as the Minimum Rent during the first (1st) Option Term.
4. The Option is personal to Tenant. In the event of any sublease, assignment or transfer of Tenant's interest in the Lease before the permitted exercise of the Option, the Option shall not be transferred to any transferee but shall instead automatically lapse, and the Lease Term shall be as provided for in Section 1.8 of the Lease.
5. If Tenant is late with regard to the payment of Minimum Rent or any other amounts due under this Lease more than three (3) times during the term of the Lease, or any Option Term, then the Option, or any remaining Option, shall be deemed to have lapsed and to be null and void. “Late” for purposes of this paragraph is defined as Landlord’s failure to receive any such payment as and when due under the provisions of this Lease. Further, if Tenant is in default of any term or provision of this Lease as of the date when Tenant attempts to exercise any Option granted herein, Tenant’s exercise of such Option shall be deemed null and void. Default shall be defined for purposes of this paragraph as a failure of Tenant to perform any material obligation under this Lease as and when required.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Rider as of the Effective Date.
LANDLORD: Pacific Castle Rimrock, LLC,
a Delaware limited liability company
By: Pacific Castle Fund I, LP,
a Delaware limited partnership,
its sole member
By: Pacific Castle Asset Management, LLC,
a Delaware limited liability company,
its General Partner
By: Pacific Castle Capital II, LLC,
a Delaware limited liability company,
its Manager
Dated: __________________ By:
Name: Rod Astarabadi
Title: President
TENANT: The City of Palm Springs
Dated: __________________ By:
Name: ___________________________________________
Title: ___________________________________________
Dated: __________________ By:
Name: ___________________________________________
Title: ___________________________________________
Item 1H - Page 45
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Item 1H - Page 46
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RIMROCK PLAZA
SHOPPING CENTER LEASE
by and between
Pacific Castle Rimrock, LLC, a Delaware limited liability company “Landlord”
and
The City of Palm Springs
“Tenant”
Item 1H - Page 47
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TABLE OF CONTENTS
Page
ARTICLE 1 FUNDAMENTAL LEASE PROVISIONS ............................................................................... 1 ARTICLE 2 PREMISES ................................................................................................................................ 3
2.1 Lease of Premises....................................................................................................................... 3
2.2 Shopping Center. ........................................................................................................................ 3
2.3 Definition of ............................................................................................................................... 3 ARTICLE 3 TERM ........................................................................................................................................ 3
3.1 Duration of Lease Term ............................................................................................................. 3
3.2 Acceptance of the Premises ....................................................................................................... 4
3.3 Holding Over Without Consent ................................................................................................. 4
3.4 Surrender of the Premises .......................................................................................................... 4 ARTICLE 4 POSSESSION, USE AND OPERATION ................................................................................. 4
4.1 Permitted Uses ........................................................................................................................... 4
4.2 Duties and Prohibited Conduct .................................................................................................. 4
4.3 Deliveries ................................................................................................................................... 5
4.4 Operating Covenants .................................................................................................................. 5
4.5 Operating Days and Hours ......................................................................................................... 5
4.6 Signs and Advertising ................................................................................................................ 5
4.7 Radius Clause ............................................................................................................................. 6 ARTICLE 5 RENTAL .................................................................................................................................... 6
5.1 Rent Commencement Date ........................................................................................................ 6
5.2 Minimum Annual Rental ........................................................................................................... 6
5.3 Interest on Late Payments; Late Charge .................................................................................... 7
5.4 Address for Payments ................................................................................................................ 7 ARTICLE 6 UTILITIES AND AIR CONDITIONING ................................................................................. 7
6.1 Utilities and Air Conditioning .................................................................................................... 7 ARTICLE 7 INDEMNITY; INSURANCE .................................................................................................... 7
7.1 Indemnity by Tenant .................................................................................................................. 7
7.2 Tenant's Insurance Obligation .................................................................................................... 7
7.3 Form of Policies ......................................................................................................................... 8
7.4 Landlord's Insurance Obligation ................................................................................................ 8
7.5 Mutual Waivers of Rights .......................................................................................................... 9 ARTICLE 8 TENANT'S RIGHT TO MAKE IMPROVEMENTS AND MECHANICS' LIENS ................. 9
8.1 Improvements ............................................................................................................................ 9
8.2 Construction Requirements ........................................................................................................ 9
8.3 Tenant's Covenants .................................................................................................................. 10
8.4 Landlord's Right to Cure .......................................................................................................... 10 ARTICLE 9 PERSONAL PROPERTY; FIXTURES................................................................................... 10
9.1 Removal and Replacement ....................................................................................................... 10
9.2 Fixtures .................................................................................................................................... 10
9.3 Landlord's Security Interest ..................................................................................................... 10
9.4 Personal Property Taxes ........................................................................................................... 10 ARTICLE 10 ASSIGNMENT AND SUBLETTING ..................................................................................... 11
10.1 Definitions................................................................................................................................ 11
10.2 Restrictions .............................................................................................................................. 11
10.3 No Default ................................................................................................................................ 11
10.4 Procedures ................................................................................................................................ 12
10.5 Documentation and Expenses .................................................................................................. 12
10.6 Transfer Premium .................................................................................................................... 12
10.7 Nullity ...................................................................................................................................... 12
10.8 Waiver ...................................................................................................................................... 12
10.9 Minimum Annual Rental ......................................................................................................... 12 ARTICLE 11 REPAIRS AND MAINTENANCE ......................................................................................... 13
11.1 Tenant's Obligations ................................................................................................................. 13 Item 1H - Page 48
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11.2 Landlord's Obligations ............................................................................................................. 13 ARTICLE 12 RECONSTRUCTION AND CONDEMNATION ................................................................... 13
12.1 Insured Casualty ....................................................................................................................... 13
12.2 Uninsured Casualty .................................................................................................................. 13
12.3 Construction Provisions ........................................................................................................... 14
12.4 Release of Liability .................................................................................................................. 14
12.5 Abatement of Rent ................................................................................................................... 14
12.6 Major Destruction .................................................................................................................... 14
12.7 Condemnation .......................................................................................................................... 14 ARTICLE 13 COMMON AREA ................................................................................................................... 15
13.1 Definition of ............................................................................................................................. 15
13.2 Use of Common Area .............................................................................................................. 15
13.3 Maintenance of Common Areas ......................................................................................... 15
13.4 Control of Common Area ........................................................................................................ 15
13.5 Rules and Regulations .............................................................................................................. 16
13.6 Employee Parking .................................................................................................................... 16 ARTICLE 14 DEFAULTS BY TENANT; REMEDIES ................................................................................ 16
14.1 Events of Default ..................................................................................................................... 16
14.2 Landlord's Rights and Remedies .............................................................................................. 17
14.3 Intentionally Deleted ................................................................................................................ 19
14.4 Definition of Worth at the Time of Award .............................................................................. 19
14.5 Cure of Tenant’s Default .......................................................................................................... 19
14.6 Fixtures and Personal Property ................................................................................................ 20
14.7 No Waiver ................................................................................................................................ 20
14.8 Right to Cure ............................................................................................................................ 20 ARTICLE 15 DEFAULTS BY LANDLORD; REMEDIES .......................................................................... 20 ARTICLE 16 SUBORDINATION; ATTORNMENT; ESTOPPEL .............................................................. 21
16.1 Subordination ........................................................................................................................... 21
16.2 Attornment by Tenant .............................................................................................................. 21
16.3 Estoppel Certificate .................................................................................................................. 21 ARTICLE 17 SECURITY DEPOSIT ............................................................................................................. 21 ARTICLE 18 TENANT FINANCIAL DATA ............................................................................................... 22
18.1 Books and Records.................................................................... Error! Bookmark not defined.
18.2 Financial Statements ................................................................. Error! Bookmark not defined.
ARTICLE 19 LANDLORD’S RIGHT TO RELOCATE PREMISES ........................................................... 22
19.1 Decor ......................................................................................... Error! Bookmark not defined.
19.2 Relocation ................................................................................. Error! Bookmark not defined.
19.3 Notice ........................................................................................ Error! Bookmark not defined.
19.4 Time .......................................................................................... Error! Bookmark not defined.
19.5 Costs .......................................................................................... Error! Bookmark not defined.
19.6 Frequency .................................................................................. Error! Bookmark not defined.
19.7 Size ............................................................................................ Error! Bookmark not defined.
19.8 Amendment ............................................................................... Error! Bookmark not defined.
19.9 Termination ............................................................................... Error! Bookmark not defined.
ARTICLE 20 MISCELLANEOUS ................................................................................................................ 22
20.1 Severability; Construction of Provisions .................................................................................. 22
20.2 Entire Agreement; Interpretation ............................................................................................. 22
20.3 Governing Law ........................................................................................................................ 22
20.4 Force Majeure .......................................................................................................................... 23
20.5 Amendments and Waivers ....................................................................................................... 23
20.6 Time of Essence ....................................................................................................................... 23
20.7 Rate of Interest ......................................................................................................................... 23
20.8 Joint and Several Liability ....................................................................................................... 23
21.9 Successors and Assigns ............................................................................................................ 23
20.10 Brokers ..................................................................................................................................... 23
20.11 Recordation .............................................................................................................................. 23 Item 1H - Page 49
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20.12 Execution in Counterparts ........................................................................................................ 23
20.13 Landlord's Access .................................................................................................................... 23
20.14 Sale or Mortgage by Landlord ................................................................................................. 24
20.15 Attorney Fees ........................................................................................................................... 24
20.16 Notices ..................................................................................................................................... 24
20.17 Exhibits and Riders .................................................................................................................. 24
20.18 Independent Covenants ............................................................................................................ 24
20.19 Landlords Lien ......................................................................................................................... 24
20.20 Assignee Notice ....................................................................................................................... 25
20.21 No Implication of Exclusive Use ............................................................................................. 25
20.22 Center Remodeling .................................................................................................................. 25
20.23 Disclaimer of Authority ........................................................................................................... 25 Signature Page ......................................................................................................................... 27
Item 1H - Page 50
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E X H I B I T S
Exhibit A - General Site Plan of the Shopping Center
Exhibit B - Design and Construction of Tenant’s Store & Schedule to Exhibit B Exhibit C - Exclusive Uses
Exhibit D Sign Criteria
Exhibit E - R ules and Regulations
Exhibit F - Tenant Estoppel Certificate
Riders Extension Option Rider
Hazardous Material Rider
Item 1H - Page 51
ATTA
CHMENT B
Item 1H - Page 52
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID STATE HIGHWAY MANHOLE REPAIRS, CITY PROJECT 24-04
RECOMMENDATION:
Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the State Highway Manhole Repairs, City Project 24-04, (“the Project”); and;
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID STATE HIGHWAY MANHOLE REPAIRS, CITY PROJECT 24-04
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
The construction documents (Plans, Specifications, and Estimate) for thi s project have been prepared and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and work details and authorize the bid request for all public projects exceeding $200,000.
Approval of this item will allow the Staff to proceed with bidding of this capital project, with an estimated project cost of $483,280.
RECOMMENDATION:
1. Approve the plans, specifications , and estimate and authorize Staff to advertise and solicit bids for the State Highway Manhole Repairs, City Project 24-04, (“the Project”); and
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The City own s the Wastewater Treatment Plant (WWTP) located at 43 75 Mesquite Avenue, as well as the entirety of the public municipal sanitary sewer collection system, encompassing underground pipes, lift stations, manholes, and related appurtenances .
Veolia Inc. provides contracted services for the operation and maintenance of this infrastructure.
Through ongoing monitoring, Veolia has identified and documented numerous worn or misaligned manhole covers. Photos are included for reference in Attachment B. Specific Item 1I - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Authorize RFB for City Project 24-04
to the Project are the manholes along Highway 111 within C ity limits (along Gene Autry Trail and Vista Chino).
Veolia also identified two manholes that need complete rehabilitation. T hese two manholes are critical because they are the return point of water from DWA’s water reclamation backwash to the WWTP.
In May 2024 , Veolia sent a letter to the City requesting assistance to take the lead to complete a manhole repair projec t because the scope of the work is outside the O&M Services Agreement between the City and Veolia. T he letter is included as Attachment A. Staff created a Capital Improvements Project to address the request. This Project is designed, managed and inspected with in-house staff.
In April 2025 , Caltrans completed the repaving of Highway 111 within C ity limits. To prevent operational conflicts, the Project planning was temporarily halted. A subsequent reevaluation yielded that the number of manholes needing repair increased. In many locations, the recent paving work did not conform to the existing manhole elevations.
Attachment B provides a comprehensive list of the identified manholes, specifying those that require new covers and grade adjustments. Figure 1 illustrates the general locations of these necessary repairs.
Figure 1 – Site Vicinity Map
Item 1I - Page 2
City Council Staff Report
June 11, 2025 -- Page 3
Authorize RFB for City Project 24-04
STAFF ANALYSIS:
The primary purpose of manholes is to provide an entry point for utility personnel and specialized equipment (like cameras and cleaning tools) to access underground sewer lines for inspection and repair.
Completing the repairs is an important investment that will significantly protect and extend the lifespan of these City assets. Many of these manholes have needed repair for some time, impacted from years of wear and tear, environmental exposure, and the constant stress of traffic. In addition, these repairs will provide an even and smooth driving surface along the route, creating a noticeable improvement in road conditions for residents and visitors. The new manholes will be installed and adjusted to match the new pavement elevations recently completed by CalTrans. Engineering staff will work with the City’s communications team to provide public notification in advance of the construction work.
With City Council approval, Staff will advertise the Project in T he Desert Sun and utilize the procurement program, PlanetBids ™, to allow the submission of bids electronically.
The contract documents will be p rovided free of charge to prospective bidders through the PlanetBids™ System. Staff recommends that the City Council approve the contract documents and grant authority to the Staff to formally bid the subject Project
ENVIRONMENTAL ASSESSMENTS:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the State Highway Manhole Repairs , City Project No. 24- 04, is considered categorical ly exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This Project aligns with the City Council Broad Goal of Infrastructure and Facilities , as well as Public Safety and Community Services.
FISCAL IMPACT:
The Project is estimated to cost $48 3,280, with funds needing to be appropriated from the Wastewater Fund balance. Following the bidding process, the Project will be submitted to the City Council for approval. At that time, a detailed breakdown of the project costs, including construction, consultant services, and staff costs, will be presented for review and approval.
Item 1I - Page 3
City Council Staff Report
June 11, 2025 -- Page 4
Authorize RFB for City Project 24-04
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Veolia letter to the City
B. Comprehensive List of manhole repairs needs with photos Item 1I - Page 4
Attachment A
Item 1I - Page 5
May 7, 2024
Andrew Crider, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Regarding: Capital Project; State Highway Manhole Pipe Repair Project Dear Mr. Crider,
We are requesting your assistance to complete this State Highway Manhole/Pipe Repair Project. V eolia has identified the attached listed assets as needing repair or replacement. This work is beyond the scope of our O&M services agreement. The scope of work for this project includes the following tasks:
1. Removal and Replacement of 23 worn-out Manhole rings and Covers
2. Raising one Buried Cleanout and one Buried Manhole
3. Rebuilding the inside of two manholes, including the bench and channel, and installing liners at the intersection of Gene Autry Trail and East Mesquite Ave
4. Removal and Replacement of a 24-inch Pipe Liner on East Vista Chino
5. Repair of a 6-inch Lateral on East Vista Chino
Please note that this scope of work is a general outline, and specific details, quantities, and locations are provided in the project specifications. Please see attached details for additional information.
If you require any further information, please contact me at the facility.
Sincerely,
Ken Huntzinger
Assistant Project Manager
V eolia Water West Operating Services, Inc. / Palm Springs Enclosure: Maps, Sewer Atlas Maps, Photos, and CCTV Reports Cc: Francisco J. Jaime, PE, Principal Civil Engineer
Douglas Loar, Project Manager
1 Item 1I - Page 6
Attachment B
Item 1I - Page 7
Existing Condition along SR 111.
Manhole Cover along Gene Autry Trail Manhole Cover Along Vista Chino
Image 1 Image 2
Manhole cover good Shape.
(Elsewere in the City)
Image 3
Item 1I - Page 8
Manhole Interior in need of Rehab Example rehabilitated Manhole.
At Gene Autry and Mesquite.
Image 4 Image 5
Item 1I - Page 9
MH Number Street Name C ross Street Notes
1 D05043 N Palm C anyon Dr E Vista C hino #1 Southbound Lane 2 D05117 E Vista C hino Indian C anyon Dr #1 Westbound Lane 3 D05109 E Vista C hino C haparral Rd #1 Eastbound/Bring buried cleanout to grade ADD C ONC RETE C OLLAR 4 D05115 E Vista C hino C haparral Rd #1 Westbound Lane 5 D05107 E Vista C hino C haparral Rd #1 Eastbound Lane 6 D05116 E Vista C hino C haparral Rd #1 Westbound Lane 7 D05097 E Vista C hino C haparral Rd State Hwy 111
8 E05055 E Vista C hino C haparral Rd #1 Westbound Lane 9 E05056 E Vista C hino Via Miraleste #1 Westbound Lane/ The manhole is buried 2 3/4 inches below ground grade. Manhole has 3 riser rings on it now. 10 E05007 E Vista C hino Via Miraleste State Hwy 111
11 E05035 E Vista C hino Via Miraleste C enter of the Intersection 12 E05005 E Vista C hino Via Miraleste #1 Eastbound Lane/C enter of the Intersection 13 E05033 E Vista C hino Via Miraleste #1 Eastbound Lane 14 E05031 E Vista C hino Via Miraleste #1 Eastbound Lane 15 E05029 E Vista C hino Avenida C aballeros #1 Eastbound Lane 16 F05039 E Vista C hino Sunrise Way C enter of Intersection West 17 F05037 E Vista C hino Sunrise Way C enter of Intersection East 18 K12013 Gene Autry Trail Mesquite Ave
C enter of the Intersection. The approximate depth of the Manhole is 9 ft. Rebuilt Manhole, Bench, and C hannel. 19 K12001 Gene Autry Trail Mesquite Ave #1 Westbound Lane/C enter of the Intersection. The approximate depth of the Manhole is 16 ft. Rebuilt Manhole, Bench, and C hannel. 20 K12007 Gene Autry Trail C alle San Raphael Southbound Left Turn Lane/ C enter of the Intersection 21 J14091 Gene Autry Trail Seven Lakes Dr #2 Northbound Lane 22 J14089 Gene Autry Trail South of Seven Lakes Dr #1 Northbound Lane 23 J14087 Gene Autry Trail South of Seven Lakes Dr #1 Northbound Lane 24 J14085 Gene Autry Trail South of Seven Lakes Dr #1 Northbound Lane 25 J14051 Gene Autry Trail North of Waverly Dr #1 Northbound Lane 26 J14049 Gene Autry Trail Waverly Dr #1 Northbound Lane 27 J15007 Gene Autry Trail E Palm C anyon Dr #1 Northbound Lane 28 H06007 Gene Autry Trail C hia Rd #2 Southbound Lane
29 H07009 Gene Autry Trail Tachevah Dr #2 Southbound Lane 30 H07008 Gene Autry Trail Tachevah Dr #3 Southbound Lane 31 H07006 Gene Autry Trail Tachevah Dr #3 Southbound Lane 32 H07007 Gene Autry Trail Tachevah Dr #2/3 Southbound Lane 33 H07005 Gene Autry Trail Tachevah Dr #3 Southbound Lane 34 H07004 Gene Autry Trail Tachevah Dr #3 Southbound Lane 35 H07003 Gene Autry Trail Tachevah Dr #3 Southbound Lane 36 H07001 Gene Autry Trail Tamarisk Dr #3 Southbound Lane 37 J08013 Gene Autry Trail Tamarisk Dr #2/3 Southbound Lane 38 J08012 Gene Autry Trail Tamarisk Dr #2/3 Southbound Lane 39 J08011 Gene Autry Trail Tamarisk Dr #2/3 Southbound Lane 40 J08009 Gene Autry Trail Tamarisk Dr #2/3 Southbound Lane 41 J08007 Gene Autry Trail Escena Way #2/3 Southbound Lane 42 J08005 Gene Autry Trail Escena Way #2/3 Southbound Lane 43 J08001 Gene Autry Trail Escena Way #2/3 Southbound Lane 44 J09017 Gene Autry Trail Escena Way #2/3 Southbound Lane 45 J09015 Gene Autry Trail Escena Way #2/3 Southbound Lane 46 J09013 Gene Autry Trail District C enter Dr #2/3 Southbound Lane 47 J09011 Gene Autry Trail District C enter Dr #2/3 Southbound Lane 48 J09009 Gene Autry Trail District C enter Dr #2/3 Southbound Lane 49 J09007 Gene Autry Trail District C enter Dr #2/3 Southbound Lane 50 J09005 Gene Autry Trail District C enter Dr #2/3 Southbound Lane 51 J09003 Gene Autry Trail District C enter Dr #2/3 Southbound Lane 52 J09001 Gene Autry Trail District C enter Dr #2/3 Southbound Lane 53 J10005 Gene Autry Trail Mission Dr #2/3 Southbound Lane 54 J10003 Gene Autry Trail Mission Dr #2/3 Southbound Lane 55 J10002 Gene Autry Trail Mission Dr #2/3 Southbound Lane 56 J10001 Gene Autry Trail Mission Dr #2/3 Southbound Lane 57 K10007 Gene Autry Trail Mission Dr #2/3 Southbound Lane 58 K10005 Gene Autry Trail Ramon Rd #2/3 Southbound Lane 59 K10003 Gene Autry Trail Ramon Rd
#2/3 Southbound Lane One before crosswalk
List of manholes needing repair
Item 1I - Page 10
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 3400 EAST TAHQUITZ CANYON WAY (APN:677-280-010, AIRPORT PROPERTY)
RECOMMENDATION:
Authorize the City Manager to execute a Grant of Easement (Attachment A) to Southern California Edison to underground electrical supply system across a portion of the property identified by Assessor’s Parcel Number 677-280-010 within Airport Parking Lot B.
Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 3400
EAST TAHQUITZ CANYON WAY ( APN:677-280-010, AIRPORT
PROPERTY)
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
Southern California Edison (SCE) is requesting a Grant of Easement in favor of Palm Springs International Airport ( Airport) at the City -owned real property identified by Assessor’s Parcel Number 677-280-010, located at 3400 East Tahquitz Canyon Way .
The SCE easement will allow for provision of electrical supply to support Electric Vehicle (EV) charging stations within Airport Parking Lot B.
RECOMMENDATION:
1. Authorize the City Manager to execute a Grant of Easement ( Attachment A) to Southern California Edison to underground electrical supply system across a portion of the property identified by Assessor’s Parcel Number 677-280-010 within Airport Parking Lot B.
BUSINESS PRINCIPAL DISCLOSURE:
Not applicable. Southern California Edison is a publicly traded corporation and is exempt from filing this form.
BACKGROUND:
Executive Order N -79-20 issued by Governor Newsom on September 23, 2020, mandates that 100 percent of new car sales in California are zero- emission vehicles (ZEVs) by 2035. In 2021, Southern California Edison launched a Charge Ready Program (Program) to encourage the installation of EV charging stations. The Program assists qualifying property owners, including public sector properties, with deploying the necessary infrastructure and equipment to support EV charging stations.
Item 1J - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Authorize Grant Easement to Southern California Edison
On April 5, 2023, SCE approved the A irport’s application to participate in SCE’s Charge Ready Program, further strengthening the Airport’s commitment to sustainability. Through this Program, SCE assumes full financial responsibility for project permitting, installation, and the materials and labor that are associated with connecting power from El Cielo along the easement to each stub-out in Airport Parking Lot B.
The Airport is responsible for installing concrete pads at each stub-out, the installation of the charging stations, and the associated labor. Currently, Airport staff is in the process of selecting a contractor to complete the work through the R equest For Proposal (RFP) process. To date, the Airport has received assistance from SCE on the technical design, City permit submittal, and an easement exhibit has been prepared to initiate construction.
The project design ( Attachment B) includes installing 40 dual port charging stations, creating 80 designated parking spaces for clean vehicles to park and charge. These charging stations will be in Airport Parking Lot B as shown in Figure 1, a key parking area east of the Wexler Terminal, which currently has 245 public parking spaces.
Figure 1
Item 1J - Page 2
City Council Staff Report
June 11, 2025 -- Page 3
Authorize Grant Easement to Southern California Edison
STAFF ANALYSIS:
The Grant of Easement will ensure an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time-to-time underground electrical supply systems and communications systems consisting of wires, underground conduits, cables, vaults, manholes, handholes, and other necessary equipment for distributing electrical energy. The Grant of Easement does not grant SCE exclusive rights to the City-owned real property identified by Assessor’s Parcel Number 677-280-010, located at 3400 East Tahquitz Canyon Way.
Securing a Grant of Easement is crucial for ensuring an electrical power supply for El Cielo, which is necessary for operating the EV charging stations. Upon project completion, Airport Parking Lot B will feature 165 regular parking spaces and 80 dedicated spaces for clean vehicles, enhancing the Airport’s eco-friendly infrastructure.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the installation of EV charging stations at the airport is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
The requested action aligns with the City Council’s Broad Goal of Infrastructure and Facilities and also supports the Airport’s 2025-2029 Strategic Plan’s Priorities for Infrastructure and Sustainability.
FISCAL IMPACT:
There will be no fiscal impact or grant disbursement to the City as the Grant of Easement stipulates that all costs associated with the easement are supported by Southern California Edison through the Charge Ready Program. The Charge Ready Program assists qualifying property owners, such as the Airport, with the necessary infrastructure and equipment to support the EV charging stations. Once EV chargers are installed, SCE will provide an estimated rebate, in the amount of $232,000.
Item 1J - Page 3
City Council Staff Report
June 11, 2025 -- Page 4
Authorize Grant Easement to Southern California Edison
REVIEWED BY:
Executive Director of Aviation: Harry Barrett, Jr.
City Engineer: Joel Montalvo
City Attorney: Geremy Holm
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Grant of Easement
B. Project Design
Item 1J - Page 4
ATTACHMENT A
GRANT OF EASEMENT
Item 1J - Page 5
Item 1J - Page 6
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SCE Doc No.:
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX S NONE fli'.ALUE
AND CONSIDERATION LESS THAN $100.00\
Vehicle Charging Station
SCE Company
SIG. OF DECIARANT OR AGENT DETERMINl~'G TAX FIRM PW.IE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
-·-····-· --····---··--· .., ...... -r.v. •= o~c
Palm Springs TD2250542
FIM 602-1920-0 APPROVED: D, u~,c
REAL SLS/CG 02/10/2025
APN 677-280-010 PROPERTIES
CITY OF PALM SPRJNGS, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstrnct, inspect and remove at any time and from time to time overhead and underground electrical supply systems and internal conununication systems for SCE's sole use (hereinafter referred to as "systems"), consisting of poles, guys and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, solely for the purpose of providing electrical power to vehicle charging stations, in, on, over, under, across and along that certain real property in the City of Palm Springs, County of Riverside, State of California, described as follows:
FOR LEGAL DESCRJPTION AND SKETCH TO ACCOMPANY LEGAL DESCRJPTION, SEE EXHIBITS "A" AND "B" BOTH ATTACHED HERETO AND MADE A PART HEREOF.
Grantor agrees for itself, its heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinbefore described easement area. The Grantee, and its contractors, agents and employees, shall have the right to trim or top such trees and to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and eve1y part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said properly of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.
Upon written request, Grantee shall relocate its facilities installed hereunder to another mutually approved area on Grantor's property and provided that Grantee has first been given an easement over such new area on terms identical to those set forth herein. Such relocation shall be at Grantor's sole cost and expense. Upon completion of the relocation, Grantee shall execute a quitclaim of this easement on terms reasonably acceptable to Gran tor and Grantee.
To the extent Grantor removes the vehicle charging stations, and such removal is not part of a relocation, Grantor may, upon sixty (60) days written notice, terminate this easement and Grantee shall execute a quitclaim on a mutually acceptable form.
However, except in connection with a termination of that certain Charge Ready Participation agreement affecting Grantor's property (the "CR Agreement) in accordance with the terms thereof, in no event will the vehicle charging stations be removed for a period of ten (10) years from "In-Service Date" (as defined in the CR Agreement). Upon termination, Grantee shall have a limited right to access the property for the purpose of removing its facilities or Grantee may abandon its systems in place. In addition, upon written request, Grantee will execute a quitclaim of this easement on terms reasonably acceptable to Grantee and Grantor.
Charge Ready Rev.3_04/17/2024
Item 1J - Page 7
EXECUTED this __ day of _________ , 20 __
GRANTOR
CITY OF PALM SPRINGS,
a municipal corporation
By ________________ _
Name, __________________ _
Title. _________________ _
A Nota,y Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _____ _
On ___________ before me, _________________ , a Notary Public, personally appeared ----------------------------------~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnnnent 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)
2 DCR802432751
TD2250542
Item 1J - Page 8
EXECUTED this __ day of _________ , 20 __
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By _________________ _
Name __________________ _
Title __________________ _
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _____ _
On ___________ before me,-----------------~ a Notary Public, personally appeared ----------------------------------~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________ (Seal)
3 DCR80243275 l
TD2250542
Item 1J - Page 9
EXHIBIT "A"
LEGAL DESCRIPTION
R 25-01-3400
APN: 677-280-010
UNDERGROUND ELECTRICAL DISTRIBUTION EASEMENT
VARIOUS STRIPS OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STA TE OF CALIFORNIA, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS:
STRIP# 1 (6.00 FEET WIDE)
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF TAHQUITZ CANYON WAY (FORMERLY TAHQUITZ MCCALLUM WAY), 100.00 FEET WIDE, WITH THE CENTERLINE OF EL CIELO ROAD, 88.00 FEET WIDE, AS SHOWN ON PARCEL MAP NO. 15576, AS PER MAP FILED IN BOOK 81, PAGES 37 AND 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE CENTERLINE OF SAID EL CIELO ROAD, SOUTH 00°12'58" WEST 50.32 FEET;
THENCE SOUTH 89°47'02" EAST 44.00 FEET TO THE EASTERLY LINE OF SAID EL CJELO ROAD AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89°47'02" EAST 17.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 12.50 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC DISTANCE OF 19.63 FEET;
THENCE SOUTH 00°12'58" WEST 17.89 FEET;
THENCE SOUTH 22°29'00" EAST 46.47 FEET TO THE POINT OF TERMINUS, SAID POINT TO BE HEREINAFTER REFERRED TO AS POINT "A".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHEASTERLY IN THE NORTHERLY AND WESTERLY LINES OF STRIP #2 DESCRIBED HEREINBELOW, AND TO JOIN AT THE ANGLE POINT.
STRIP #2 (18.00 FEET WIDE)
COMMENCING AT SAID POINT "A";
THENCE EAST 6.00 FEET TO THE TRUE POINT OF BEGINNING;
SHEET 1 OF 6
DCR.802432751 TD2250542
Item 1J - Page 10
THENCE
SOUTH
3.00 FEET
TO
A
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"B'";
THENCE
CONTINUING
SOUTH
11.00 FEET
TO
THE
POINT
OF
TERMINUS.
STRIP
#3
(6.00
FEET
WIDE)
BEGINNING
AT
SAID
POINT
"B";
THENCE
EAST
61.25 FEET
TO
THE
POINT
OF
TERMINUS,
SAID
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"C".
STRIP
#4
(9.00
FEET
WIDE)
COMMENCING
AT
SAID
POINT
"C";
THENCE
SOUTH
I .50
FEET
TO
THE
TRUE
POINT
OF
BEGINNING;
THENCE
EAST
6.00 FEET
TO
THE
POINT
OF
TERMINUS,
SAID
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"D".
STRIP
#5
(6.00
FEET
WIDE)
BEGINNING
AT
SAID
POINT
"D";
THENCE
SOUTH
89°23'12"
EAST
26.66 FEET;
THENCE
SOUTH
40°22'39"
EAST
22.72 FEET;
THENCE
EAST
9.50 FEET
TO
A
POINT
TO
BE
HEREINAFTER
REFERilED
TO
AS
POINT
"E";
THENCE
CONTINUJNG
EAST
10.86 FEET
TO
A
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"F";
THENCE
CONTINUING
EAST
33.36 FEET;
THENCE
NORTH
11.23 FEET;
THENCE
NORTH
87°44'17"
EAST
24.38 FEET
TO
A
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"G";
THENCE
CONTINUJNG
NORTH
87°44'17"
EAST
8.74 FEET
TO
A
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"H";
THENCE
CONTINUING
NORTH
87°44'
IT'
EAST
58.94 FEET
TO
THE
POINT
OF
TERMINUS,
SAID
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POJNT
"!".
SHEET2
OF
6 DCR802432751
TD2250542
Item 1J - Page 11
THE
SIDELINES
OF
SAID
STRIP
ARE
TO
BE
PROLONGED
OR
SHORTENED
TO
TERMINATE
EASTERLY
IN
THE
WESTERLY
LINE
OF
STRIP
#6
DESCRIBED
HEREINBELOW,
WESTERLY
IN
THE
EASTERLY
LINE
OF
STRIP
#4
DESCRIBED
HEREIN
ABOVE,
AND
TO
JOIN
AT
THE
ANGLE
POINTS.
STRIP
#6
(I
8.00 FEET
WIDE)
COMMENCING
AT
SAID
POINT
'T';
THENCE
NORTH
5.25 FEET
TO
THE
TRUE
POINT
OF
BEGINNING;
THENCE
EAST
5.00 FEET
TO
A
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"J";
THENCE
CONTINUING
EAST
7.00 FEET
TO
THE
POINT
OF
TERMINUS,
SAID
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"K".
STRIP
#7
(7.00
FEET
WIDE)
COMMENCING
AT
SAID
POINT
"K";
THENCE
NORTH
5.50 FEET
TO
THE
TRUE
POINT
OF
BEGINNING;
THENCE
EAST
4.77 FEET
TO
A
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"L";
THENCE
CONTINUING
EAST
3.23 FEET
TO
THE
POINT
OF
TERMINUS.
STRIP
#8
(6.00
FEET
WIDE)
BEGINNING
AT
SAID
POINT
"L";
THENCE NORTH
39°47'52"
WEST
I 7.70
FEET;
THENCE
NORTH
01 °1
I'
I I"
EAST
23.00 FEET
TO
THE
POINT
OF
TERMINUS.
THE
SIDELINES
OF
SAID
STRIP
ARE
TO
BE
PROLONGED
OR
SHORTENED
TO
JOIN
AT
THE
ANGLE
POINT.
EXCEPTING
THEREFROM
THAT
PORTION
INCLUDED
WITHIN
STRIPS
#6
AND
#7
DESCRIBED
HEREINABOVE.
STIUP
#9
(6.00
FEET
WIDE)
BEGINNING
AT
SAID
POINT
"J";
THENCE
SOUTH
00°04'54"
EAST
70.92 FEET; SHEET3
OF6
DCR80243275
I
TD2250542
Item 1J - Page 12
THENCE
SOUTH
09°44'
31"
WEST
17.86 FEET;
THENCE
SOUTH
24°21'29"'
EAST
10.24 FEET:
THENCE
SOUTH
00°48'04"
WEST
48.00 FEET
TO
THE
POINT
OF
TERMINUS.
THE
SIDELINES
OF
SAID
STRIP
ARE
TO
BE
PROLONGED
OR
SHORTENED
TO
JOIN
AT
THE
ANGLE
POINTS.
EXCEPTING THEREFROM
THAT
PORTION
INCLUDED
WITHIN
STRIP
#6
DESCRIBED
HEREINABOVE. STRIP
#10
(8.00
FEET
WIDE)
BEGINNING
AT
SAID
POINT
"H";
THENCE
NORTH
45.00 FEET
TO
THE
POINT
OF
TERMINUS.
EXCEPTING
THEREFROM
Tl-IA
T
PORTION
INCLUDED
WITHIN
STRIP
#5
DESCRIBED
HEREIN
ABOVE.
STRIP
#1
I
(15.00
FEET
WIDE)
BEGINNING
AT
SAID
POINT
"G";
THENCE
SOUTH
13.00 FEET
TO
THE
POINT
OF
TERMINUS,
SAID
POINT
TO
BE
HEREINAFTER
REFERRED
TO
AS
POINT
"M".
EXCEPTING
THEREFROM
THAT
PORTION
INCLUDED
WITHIN
STRIP
#5
DESCRIBED
HEREINABOVE. STRIP
#12
(6.00
FEET
WIDE)
COMMENCING
AT
SAID
POINT
"M";
THENCE
EAST
3.76 FEET
TO
THE
TRUE
POINT
OF
BEGINNING;
THENCE
SOUTH
25°54'23"
EAST
10.40 FEET;
THENCE
SOUTH
01 °44'
17"
EAST
18.09 FEET;
THENCE
SOUTH
01°30'51"
WEST
44.64 FEET;
THENCE
SOUTH
07°11
'10"
EAST
18.44 FEET;
THENCE
SOUTH
19°26'32"
WEST
10.17 FEET; SHEET4
OF
6 DCR80243275
I
TD2250542
Item 1J - Page 13
THENCE
SOUTH
05°35'
17"
EAST
22.00 FEET
TO
THE
POINT
OF
TERMINUS.
THE
SIDELINES
OF
SAID
STRIP
ARE
TO
BE
PROLONGED
OR SHORTENED
TO
TERMINATE
NORTHWESTERLY
IN
THE
SOUTHERLY
LINE
OF
STRIP
# l I
DESCRIBED
HEREINABOVE,
AND
TO
JOIN
AT
THE
ANGLE
POINTS.
STRIP
#13
(6.00
FEET
WIDE)
BEGINNING
AT
SAID
POINT
"F";
THENCE
SOUTH
02°10'00"
EAST
47.38 FEET;
THENCE
SOUTH
05°48'
12"
WEST
26.00 FEET
TO
THE
POINT
OF
TERMINUS.
THE
SIDELINES
OF
SAID
STRIP
ARE
TO
BE
PROLONGED
OR
SHORTENED
TO
JOIN
AT
THE
ANGLE
POINT.
EXCEPTING
THEREFROM
THAT
PORTION
INCLUDED
\VITHIN
STRIP
#5
DESCRIBED
HEREINABOVE. STRIP
#14
(6.00
FEET
WIDE)
BEGINNING
AT
SAID
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5 OF6
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I
TD2250542
Item 1J - Page 14
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "B'' ATTACHED HERETO AND :MADE A PART HEREOF.
THIS DESCRIPTION IS NOT INTENDED FOR USE IN TI-IE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALlFORNTA.
SUBJECT TO COVENANTS, CONDITIONS, RESERV A TJONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF 1\NY.
Prepared by me or under my supervision:
, 2025
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Glenn M. Bakke R.C.E. #18619 Exp. 06-30-2025
APPROVED:
Date
7731
P.L.S.
SHEET 6 OF6
DCR802432751 TD2250542
Item 1J - Page 15
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Item 1J - Page 16
WO# TD2250542
EXHIBIT "B"
LINE DATA TABLE LINE DATA TABLE
L1 S89'47'02"E 17.50' L31 SOUTH 13.00'
L2 S00'12'58''W 17.89' L32 EAST 3.76'
L3 S22'29
1 00
11 E 46.47' L33 S25'54'23"E 10.40'
L4 EAST 6.00' L34 S01'44'17"E 18.09'
L5 SOUTH 3.00' L35 S01'30'51 "W 44.64'
L6 SOUTH 11.00' L36 S07'11 '1 O"E 18.44'
L7 EAST 61.25' L37 S19'26'32
11 W 10.17'
LB SOUTH 1.50' L38 S05'35'17"E 22.00'
L9 S89'23' 12"E 26.66' L39 so2· 1 o·oo"E 47.38'
L10 S40'22' 39"E 22.72' L40 S05'48
1 12
11 W 26.00
1 L 11 EAST 9.50' L41 SOUTH 19.30'
L12 EAST 10.86' L42 EAST 11.59'
L13 EAST 33.36' L43 NORTH 16.50'
L 14 NORTH 11.23'
L15 N8T44'17"E 24.38'
L16 N87'44'17"E 8.74' CURVE DATA TABLE I
L17 N8T44'17"E 58.94' C1 R= 12.so· I ti=9o·oo'oo" L= 19.63' I L18 NORTH 5.25'
L19 EAST 5.00'
L20 EAST 7.00' DETAIL "A"
L21 NORTH 5.50' N.T.S.
L22 EAST 4.77' STRIP #6
L23 EAST 3.23' 18' WIDE
STRIP #7- i 6
1 WIDE L24 N39'47'52"W 17.70' ;-, t
L25 NO 1 • 11 '11 "E 23.00' . ~ ,J
L26 S00'04'54"E 70.92' / --ti:~ ,--~-"
' ' 0.. L27 so9·44'31 "w 17.86' ', {~,
L28 S24'21 '29"E 10.24'
L29 S00'48'04"W 48.00'
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APPROVED: ?~J'-?f'"
CITY OF PALM SPRINGS ENGINEERING SERVICES fUwfc,O~
DATE
7731
ROBERT C. OLLERTON, Engineering Resources, Inc. P.[s."° LEGAL DESCRIPTION:
DRAWN BY: SCALE: CPS FlLE NO:
SEE EXHIBIT "A,, CG 1"=60' R 25-01 -3400
CHECKED BY: DATE: SHEET NO:
GB 04/28/25 2 OF 2
ATTACHMENT B
PROJECT DESIGN
Item 1J - Page 17
TITLE SHEET
T1
N EI CIELO RD
N CIVIC DR
N AIRLANE DR
E TAHQUITZ CANYON WAY
N LOUELLA RD
N FARRELL DR
BLUE MOON DR
E LIVMOR AVE
E ANDREAS RD
E TAHQUITZ CANYON WAY
MYSTIC MOUNTAIN VW
E ARENAS RD
E BARISTO RD
VERBOOM ST
N FARRELL DR
VIBE WAY
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
LOCATION MAP
PROJECT INFORMATION:
SCOPE OF EV IMPROVEMENT WORK:
1. INSTALLATION OF LOAD-SIDE INFRASTRUCTURE FOR THE CHARGE READY PROGRAM
2. INFRASTRUCTURE TO SUPPORT 80 EVCS
3. WORK DONE BY THE TRANSMISSION AND DESIGN CONSULTANT (T&D) IS SHOWN FOR REFERENCE ONLY.
CHARGE READY PROGRAM
SOUTHERN CALIFORNIA EDISON
N
CRT-00001680903 | PALM SPRINGS
DECLARATION OF RESPONSIBLE CHARGE
1. LOCATIONS OF ALL UNDERGROUND FACILITIES ARE TAKEN FROM AVAILABLE MAPS AND RECORDS. ACTUAL FIELD LOCATIONS OF ALL UTILITIES MUST BE VERIFIED BY CONTRACTOR PRIOR TO TRENCHING.
CONTACT USA DIGALERT, 1-800-227-2600, PRIOR TO DIGGING.
2. CONTRACTOR TO HAND-DIG ANY AND ALL LOCATIONS WHERE
UNDERGROUND UTILITIES ARE SUSPECTED OR KNOWN.
GENERAL GRADING AND DRAINAGE NOTES:
THE REQUIREMENTS AND INFORMATION SET OUT BELOW ARE PROVIDED FOR THE
CONTRACTOR'S CONVENIENCE AND DO NOT ENCOMPASS ALL PROJECT REQUIREMENTS
DESCRIBED BY THE PROJECT PLANS AND/OR APPLICABLE LAWS, REGULATIONS AND/OR BUILDING CODES.
1. CONSTRUCTION OF ALL PROJECT SITE IMPROVEMENTS SUBJECT TO ADA ACCESS
COMPLIANCE, INCLUDING ACCESSIBLE PATH OF TRAVEL, CURB RETURNS, PARKING
STALL(S) AND UNLOADING AREAS, BARRIER FREE AMENITIES AND/OR OTHER APPLICABLE
SITE IMPROVEMENTS SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT, CALIFORNIA TITLE 24, AND THE CALIFORNIA BUILDING CODE, CURRENT EDITION(S).
2. CONTRACTOR SHALL FIELD VERIFY ALL GRADE AND SLOPES PRIOR TO THE PLACEMENT
OF CONCRETE AND/OR PAVEMENT FOR CONFORMANCE WITH ADA ACCESS COMPLIANCE REQUIREMENTS. EXAMPLES OF MINIMUM AND MAXIMUM LIMITS RELATED TO ADA ACCESS COMPLIANCE INCLUDE, BUT ARE NOT LIMITED TO:
A) ACCESSIBLE PATH OF TRAVEL CROSS-SLOPE SHALL NOT EXCEED 2% B) ACCESSIBLE PATH OF TRAVEL LONGITUDINAL SLOPES SHALL NOT EXCEED 5% C) RAMP LONGITUDINAL SLOPES SHALL NOT EXCEED 8.33%
WALKS SHALL NOT HAVE LESS THAN 48 INCHES IN UNOBSTRUCTED WIDTH.
3. CONTRACTOR MUST IMMEDIATELY NOTIFY THE ENGINEER OF RECORD, IDENTIFIED BY
THE PROFESSIONAL ENGINEERING SEAL AND SIGNATURE ON THESE PLANS, OF ANY SITE
CONDITIONS(S) AND/OR DESIGN INFORMATION THAT PREVENTS THE CONTRACTOR FROM
COMPLYING WITH THE LAWS, REGULATIONS AND/OR BUILDING CODES GOVERNING ADA ACCESS COMPLIANCE.
4. DRAINAGE SHALL NOT BE ALLOWED ONTO ADJACENT PROPERTY.
5. ALL FILL MATERIAL USED TO SUPPORT THE FOUNDATIONS OF ANY BUILDING OR
STRUCTURE SHALL BE PLACED UNDER THE DIRECTION OF A LICENSED GEOTECHNICAL ENGINEER. A SOILS COMPACTION REPORT SHALL BE SUBMITTED TO THE ENGINEER OF RECORD.
6. THE CONTRACTOR SHALL IMPLEMENT DUST CONTROL MEASURES AS REQUIRED BY GOVERNING PUBLIC AGENCIES.
7. THE CONTRACTOR SHALL IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP).
8. CONTRACTOR TO MATCH EXISTING PAVEMENT GRADE AT ALL NEW PAVEMENT LOCATIONS UNLESS OTHERWISE NOTED ON THE PLANS.
1. CONTRACTOR SHALL PROVIDE ALL MATERIALS SUCH AS TOOLS, EQUIPMENT, LABOR,
AND INCIDENTALS REQUIRED INCLUDING THE CONSTRUCTION OF ALL PROPOSED
IMPROVEMENTS SHOWN ON THE PLANS AND AS SPECIFIED BY THE GOVERNING STANDARDS AND/OR THE CIVIL AND ELECTRICAL ENGINEERS.
2. CONTRACTOR SHALL VERIFY THE LOCATIONS OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION OF THE PROPOSED IMPROVEMENTS.
3. IF DAMAGED DURING CONSTRUCTION, THE CONTRACTOR SHALL REPLACE IN KIND ALL
EXISTING STRUCTURES, WALKWAYS, CURB & GUTTER, LANDSCAPING, AND/OR OTHER IMPROVEMENTS TO AN EXISTING OR BETTER CONDITION.
4. CONTRACTOR SHALL REPLACE ALL EXISTING STRIPING, SIGNAGE AND MARKINGS DAMAGED IN KIND DUE TO PROJECT CONSTRUCTION ACTIVITIES.
5. ALL WORK SHALL BE CONFINED WITHIN THE EASEMENTS AND/OR CONSTRUCTION LIMITS AS SHOWN ON THE PLANS.
6. APPROVAL OF THESE PLANS BY THE CITY ENGINEER DOES NOT AUTHORIZE ANY WORK
TO BE PERFORMED UNTIL A PERMIT OR NOTICE TO PROCEED HAS BEEN ISSUED
7. BEFORE COMMENCING WORK, THE CONTRACTOR SHALL NOTIFY ALL UTILITY
AUTHORITIES OR UTILITY COMPANIES HAVING POSSIBLE INTEREST IN THE WORK OF
THE CONTRACTOR'S INTENTION TO EXCAVATE PROXIMATE TO EXISTING FACILITIES AND THE CONTRACTOR SHALL VERIFY THE LOCATION OF ANY UTILITIES IN THE WORK AREA.
THE CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT (U.S.A.) TWO (2) DAYS PRIOR TO BEGINNING ANY EXCAVATION.
8. THE CONTRACTOR SHALL OBTAIN WRITTEN AUTHORIZATION FROM ANY PROPERTY
OWNER GIVING PERMISSION TO ENTER THE PROPERTY FOR THE PURPOSE OF
CONSTRUCTING THE IMPROVEMENTS DELINEATED ON THE PLANS AND TRANSITION THERETO.
9. ALL BILL OF MATERIALS AND/OR EQUIPMENT SHALL BE PROVIDED AS SPECIFIED WITHIN THIS SET OR APPROVED EQUAL. ALL BILL OF MATERIALS AND/OR EQUIPMENT SHALL
MATCH THE SAME QUALITY AND CAPACITY AS INDICATED HEREIN GENERAL CONTRACT NOTES:
SURVEY NOTE:
UTILITY NOTE:
UTILITY INFORMATION SHOWN HEREON IS BASED ON RECORD
INFORMATION SUPPLIED TO THE ENGINEER BY UTILITY COMPANIES, PUBLIC
AGENCIES AND THE PROPERTY OWNER, TOGETHER WITH EVIDENCE
GATHERED FROM SURFACE LOCATING METHODS AND OBSERVATION OF VISIBLE EVIDENCE BY A FIELD SURVEY. THE ENGINEER CAN MAKE NO
GUARANTEE AS TO THE ACCURACY OR COMPLETENESS OF THE
UNDERGROUND UTILITY FACILITIES SHOWN. PRIOR TO ANY SITE
EXCAVATIONS, THE CONTRACTOR SHALL CONTACT THE OWNER AND UNDERGROUND SERVICE ALERT (U.S.A.) AND REQUEST THE THEY IDENTIFY THE LOCATION OF ALL UNDERGROUND UTILITIES AT THE SITE.
INDEX SHEET:
TITLE SHEET T1
OVERALL SITE PLAN C1
CIVIL SITE LAYOUT C2
CIVIL DETAILS C3
ELECTRICAL SITE LAYOUT E1
ELECTRICAL SLD E2
ELECTRICAL LOAD SCHEDULE E3
ELECTRICAL DETAILS E4,E5,E1
EV CHARGER CUT SHEET (FOR REFERENCE ONLY) R1
DESIGN CRITERIA:
CALIFORNIA BUILDING CODE (CBC) 2022
CALIFORNIA ELECTRICAL CODE (CEC) 2022
NATIONAL ELECTRICAL CODE (NEC) 2020
LIST OF CONSULTANTS:
CIVIL:
CHRISTOPHER YAMAGUCHI, PE
NV5, INC
15092 AVENUE OF SCIENCE, #200
SAN DIEGO, CA, 92128
858-385-0500
TRANSPORTATION ELECTRIFICATION
PROJECT MANAGER:
BRIAN CATON
SOUTHERN CALIFORNIA EDISON
3 INNOVATION WAY
POMONA, CA, 91768
909-238-2811
ELECTRICAL:
BARRETT BUECHLER, PE
NV5, INC
1450 ENERGY PARK DRIVE, #300
ST. PAUL, MN, 55108
651-634-7208
OWNER/ REPRESENTATIVE INFORMATION:
AT&T
CONTACT NAME: JEFF RODGERS
[email protected]
(808)381-5333
FLOOD ZONE NOTES:
1. PROJECTED SITE LOCATION WITHIN FLOOD HAZARD ZONE X
UNSHADED; AREA OF MINIMAL FLOOD HAZARD.
2. FIRM PANEL:06037C1767G
3. MAP EFFECTIVE DATE; APRIL 21, 2021
4. MAP IS COUNTYWIDE, NOT PRINTED.
CONCRETE NOTES:
DIGALERT NOTES
CHRISTOPHER YAMAGUCHI, PE
R.C.E. 89927
1. CONCRETE COMPRESSIVE STRENGTH: ALL CONCRETE SHALL ATTAIN A MINIMUM COMPRESSIVE STRENGTH AS SHOWN IN THE TABLE 1 BELOW AT 28 DAYS, U.N.O. ON PLANS.
SEE ALSO SULFATE CONTENT NOTES.
2. AGGREGATES IN CONCRETE: SHALL BE NATURAL SAND AND ROCK (150 LB/CU. FT) CONFORMING TO ASTM C33. AGGREGATE SHALL HAVE PROVEN SHRINKAGE CHARACTERISTICS OF LESS THAN 0.04% PER ASTM C157. DO NOT CHANGE SOURCE OF AGGREGATE DURING COURSE OF WORK WITHOUT WRITTEN CONSENT OF ENGINEER.
3. CEMENT: SHALL BE PORTLAND CEMENT CONFORMING TO ASTM C150. CEMENT SHALL BE TYPE II OR AS REQUIRED TO SATISFY SITE SOIL CONDITIONS. REFER TO TABLE 1 FOR MAXIMUM WATER TO CEMENT RATIO. MINIMUM OF (6) SACKS OF CEMENT FOR EACH CUBIC YARD OF CONCRETE.
* MAXIMUM DRY WEIGHT OF LIGHTWEIGHT CONCRETE SHALL BE 115 PCF ** SLUMP SHALL BE MEASURED PRIOR TO THE ADDITION OF SUPERPLASTICIZER (IF USED.) REBAR CLEAR COVER CONCRETE: THE FOLLOWING MINIMUM CLEAR DISTANCES BETWEEN
REINFORCING STEEL AND FACE OF CONCRETE SHALL BE MAINTAINED UNLESS NOTED OTHERWISE:
4. VIBRATION: VIBRATION OF CONCRETE SHALL BE IN ACCORDANCE WITH GENERAL PROVISIONS OUTLINES IN PORTLAND CEMENT ASSOCIATION SPECIFICATION ST26
5. CURING: CONCRETE SHALL BE MAINTAINED IN A MOIST CONDITION FOR A MINIMUM OF FIVE DAYS AFTER PLACEMENT. FOR CONCRETE OTHER THAN SLAB ON GRADE, APPROVE CURING COMPOUNDS MAY BE USED IN LIEU OF MOIST CURING ONLY IF APPROVED BY THE ENGINEER.
6. INSPECTIONS, TESTING & QUALITY ASSURANCE: A MINIMUM OF ONE COMPRESSION TEST AT 7 DAYS AND 2 TESTS AT 28 DAYS FOR ALL CONCRETE SAMPLE. TAKE TEST AT A FREQUENCY OF ONCE EVERY 150 CU. YDS OR 5,000 SQ. FT MINIMUM.
7. ANCHOR BOLTS, DOWELS, INSERTS: SHALL BE TIED IN PLACE PRIOR TO POURING CONCRETE.
8. CONSTRUCTION AND POUR JOINTS:LOCATIONS SHALL BE APPROVED BY ENGINEER PRIOR TO POURING CONCRETE.
9. FORMWORK:FORMWORK TOLERANCE SHALL BE IN ACCORDANCE WITH THE C.B.C. AND A.C.I.
STANDARDS.
10. PIPES IN CONCRETE: PIPES MAY PASS THROUGH STRUCTURAL CONCRETE IN SLEEVES BUT SHALL NOT BE EMBEDDED THEREIN. PIPES OR DUCTS EXCEEDING ONE-THIRD THE SLAB OR
WALL THICKNESS SHALL NOT BE PLACED IN THE STRUCTURAL CONCRETE UNLESS SPECIFICALLY DETAILED.
11. EXPOSED CORNERS: PROVIDE 3
4" CHAMFERS AT ALL EXPOSED CORNERS.
12. DRYPACK OR GROUT: CONCRETE STRENGTH SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 2,000 PSI AND BE COMPOSED OF ONE PART PORTLAND CEMENT TO NOT MORE THAN THREE PARTS SAND.
13. FLY ASH: NOT PERMITTED.
1. ALLOWABLE BEARING PRESSURE IS ASSUMED 1,000PSF .
CONCRETE STRENGTH
CONDITION
MIN 28-DAY
COMPRESSIVE
STRENGTH, F'C
CONCRETE
TYPE*
MAXIMUM
AGGREGATE
SIZE
WATER TO
CEMENT RATIO MAX SLUMP**
SLAB ON
GRADE/ CONC
PADS
3,000 PSI NWC 0'-1" 0.50 0'-4"
REBAR CLEAR OVER FOR CAST-IN-PLACE CONCRETE
CONDITION COVER
CONCRETE CAST AGAINST EARTH 3" MIN
OTHERWISE 2" MIN
CONCRETE NOTES:
THE TOPOGRAPHIC INFORMATION SHOWN REFLECTS THE DATA OBTAINED BY FIELD SURVEY CONDUCTED ON APR 4, 2024 BY CONAWAY GEOMATICS, INC.
THE BASIS OF BEARINGS FOR THIS MAP IS THE INTERNATIONAL TERRESTRIAL REFERENCE FRAME 2014 (ITRF2014), DERIVED FROM THE TRIMBLE RTX (REAL TIME EXTENDED) SOLUTION, ADJUSTED TO THE 2024.26 EPOCH, NAD 83, ZONE 6. COORDINATES SHOWN HEREON ARE GRID VALUES. USE THE FOLLOWING LOCAL SITE VALUES TO OBTAIN GROUND VALUES:
· LOCAL SITE - LAT: 33°49'20.633602"N LON: 116°30'33.170327"W E HGT: 310.23FT
GSF: 1.0000244617
ELEVATIONS SHOWN HEREON ARE EXPRESSED IN US SURVEY FEET, BASED ON THE NORTH AMERICAN VERTICAL DATUM 1988 (NAVD88), AND ARE
DERIVED FROM GPS OBSERVATIONS PER THE ADJUSTMENT SHOWN
ABOVE.
Item 1J - Page 18
DTIG~
~~~~ Call 2 Working Days
I~ Before You Dlgl ,
\ 0 811
'
-
NOTTO SCALE
SITE
'-
I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT. THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS
AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS.
1. LOCATION: 3400 E Tahquitz Canyon Way, Palm Springs, CA 92262
2. TOTAL LOT SIZE: 41.34ACRES
3. APN 6772-800-10
-
LIMIT OF WORK
OVERALL SITE PLAN
0 200100100 50
SCALE: 1" = 100'
OVERALL SITE PLAN
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
C1
N
LEGEND
STANDARD ELECTRIC VEHICLE CHARGING STATION
PROJECT LOCATION
SEE SHEET C2 & E1 FOR IMPROVEMENTS
PROPOSED METER LOCATION
ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION
S EL CIELO RD
E TAHQUITZ CANYON WAY
Item 1J - Page 19
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CIVIL SITE LAYOUT
0 402020 10
SCALE: 1" = 20'
EXISTING EDGE OF PAVEMENT LINE
1. FOR ELECTRICAL INFORMATION, SEE SHEET E1
1. CONTRACTOR SHALL LEGALLY DISPOSE OF ALL DEMOLISHED MATERIALS OFF SITE.
2. CONTRACTOR SHALL PROTECT ALL EXITING UTILITY IMPROVEMENTS NOT SPECIFICALLY DESIGNATED FOR REMOVAL.
3. THE ON-SITE UNDERGROUND UTILITIES SHOWN ON THIS SHEET ARE AT AN APPROXIMATE LOCATION. THE EXTENT, LOCATIONS AND SIZES ARE UNKNOWN. THE CONTRACTOR SHALL POTHOLE TO LOCATE AND VERIFY THE UNDERGROUND UTILITY LINES PRIOR TO REMOVAL.
4. CONTRACTOR TO PROTECT AND PRESERVE IN PLACE ANY FOUND SURVEY MONUMENTS. ANY
MONUMENTS DISTURBED SHALL BE RESET BY A LICENSED SURVEYOR AND THE APPROPRIATE PAPERWORK FILLED WITH THE CITY OR COUNTY.
5. ALL HAZARDOUS MATERIALS ENCOUNTERED DURING SITE DEMOLITION SHALL BE REMEDIATED AND DISPOSED OF PER STATE AND EPA REQUIREMENTS.
6. CONTRACTOR SHALL CONTACT AND COORDINATE WITH ALL UTILITY AGENCIES PRIOR TO THE START OF ANY DEMOLITION OR CONSTRUCTION.
7. ANY EXISTING UTILITIES AND/ OR IMPROVEMENTS THAT BECOME DAMAGED DURING
CONSTRUCTION SHALL BE COMPLETELY RESTORED TO THE SATISFACTION OF THE OWNER AND AGENCY HAVING JURISDICTION, AT THE CONTRACTOR'S SOLE EXPENSE.
EXISTING NATURAL GAS GEOPHYSICAL LINE
EXISTING WATER LINE
LIMITS OF WORK
W W
G G
CONSTRUCTION NOTE LEGEND
GENERAL NOTES
DEMOLITION NOTES
EXISTING SANITARY LINE SS SS
EXISTING BOLLARD
EXISTING DOWN DRAIN
EXISTING DROP INLET
EXISTING ELECTRICAL BOX
EXISTING ELECTRICAL PARKING STATION
EXISTING ELECTRICAL RISER
EXISTING ELECTRICAL TRANSFORMER
EXISTING ELECTRICAL VAULT
EXISTING ELECTRICAL LIGHT
EXISTING FIRE HYDRANT
EXISTING NATURAL GAS METER
EXISTING GATE
EXISTING STORM DRAIN CLEANOUT
EXISTING STORM DRAIN MANHOLE
EXISTING SEWER CLEANOUT
EXISTING SEWER MANHOLE
EXISTING HANDICAP PARKING
EXISTING SIGN
EXISTING WATER MARKING POST
EXISTING WATER RISER
EXISTING WATER VALVE
EXISTING WHEEL STOP
EXISTING ELECTRICAL LINE
E E
EXISTING FENCE LINE X X
LINE LEGEND
CIVIL SITE PLAN
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
C2
PROPOSED DUAL PORT EVSE CHARGING POST (PHASE II - INSTALLED BY OTHERS), PER DETAIL C, SHEET C3.0
PROPOSED SINGLE PORT EVSE CHARGING POST (PHASE II - INSTALLED BY OTHERS), PER DETAIL C, SHEET C3.0
PROPOSED STEP-DOWN TRANSFORMER
UTILITY TRANSFORMER BY OTHERS = 1
INDICATES EVSE CHARGEPORT STALL
BOLLARD PER DETAIL G, SHEET C3.0
PROPOSED CONDUIT FROM PROPOSED SERVICE SWITCHBOARD TO
PROPOSED EVSE
PROPOSED1600A METERED SWITCHBOARD PAD, PER DETAIL B, SHEET C3.0 PROPOSED DISTRIBUTION SWITCHBOARD PAD, PER DETAIL B, SHEET C3.0
ACCESSIBLE PARKING LAYOUT
1. ACCESS AISLES AT VEHICLE SPACES SHALL BE MARKED WITH A PAINTED BORDERLINE AROUND THEIR PERIMETER.
2. THE AREA WITHIN THE BORDERLINES SHALL BE MARKED WITH HATCHED LINES A MAXIMUM OF 36-INCHES ON CENTER.
3. THE COLOR OF THE BORDERLINES, HATCHED LINES, AND LETTERS SHALL CONTRAST WITH THAT OF THE SURFACE OF THE ACCESS AISLE.
4. THE BLUE COLOR REQUIRED FOR IDENTIFICATION ACCESS AISLES FOR ACCESSIBLE PARKING SHALL NOT BE USED.
5. ACCESS AISLE MARKINGS MAY EXTEND BEYOND THE MINIMUM REQUIRED LENGTH N
12'5'8'-101
2"
9'
PLAN VIEW: CIVIL SITE LAYOUT
5'9'
18'
(TYP)
1 2
4 #
3 TRENCH AND PAVEMENT RESURFACING
PER DETAIL A, SHEET C3
13 4
5 5
ACCESSIBLE PARKING LAYOUT
PER DETAIL, THIS SHEET
THE BORDER LINES AND 45°
DIAGONAL STRIPES 36" O.C.
MAX. IN WHITE STRIPES ON AC
PAVING. PAINT SHALL NOT
ENCROACH ONTO 12" TEXT
ALL STRIPES SHALL BE 4" WIDE
AND PAINTED WHITE WITH FLAT
ACRYLIC PAINT
1 2
3 4
5 6
7 8
1 1
1 1
9 10
11 12
13 14
15 16
1 1
1 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
45 46
47 48
49 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 4 5
50 51
52 53
54 55
56 57
58 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
1 1
1 1
1 1
1 1
2 1
1 2
1 1
1 1
1 5
4 ALL STRIPES SHALL BE 4" WIDE
AND PAINTED WHITE WITH FLAT
ACRYLIC PAINT
12" HIGH LETTERING IN
REFLECTIVE WHITE PAINT
CENTERED IN STALL, TYP
INSTALL ACCESSIBLE EVCS PARKING
SIGN PER DETAIL E, SHEET C3, 1 EA
4' x 2.5' CLEAR SPACE FOR FUTURE
CHARGER. CLEARANCE PER CBC 11B-812
INSTALL NEW CONCRETE WHEELSTOP
PER DETAIL D, SHEET C3, 42 EA, TYP.
DEMO EXISTING TREE AND
ISLAND AND REPLACE WITH
FULL DEPTH CONCRETE
ASPHALT PER DETAIL F,
SHEET C3
59 NOTE
WHEELSTOP, PER DETAIL D, SHEET C3.0
Item 1J - Page 20
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CIVIL DETAILS
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
C3
YELLOW PLASTIC AND METALLIC
WARNING TAPE TO BE REQUIRED
ABOVE AND ALONG ENTIRE LENGTH
OF DUCT BANK.
30" MIN. TO THE TOP
OF HIGHEST CONDUIT SEE ELECTRICAL
PLANS FOR CONDUIT
SIZE, TYPE, AND
WIRING
12"
3"
2"
REPLACE TOP SURFACE IN KIND, MATCH EXISTING
PAVEMENT DEPTH IN PAVED AREAS AND RECOMPACT SOIL
TO 90% IN UNPAVED AREAS (MINIMUM 6" CONCRETE
SURFACE)
18"
36"
3"
SCALE:
TRENCH AND PAVEMENT RESURFACINGA
C3 NONE
95%
COMPACTED
NATIVE
BACKFILL
NOTES:
1. ALL PATCHES TO PEDESTRIAN SURFACES SHALL COMPLY WITH 11B-302.1 AND 11B-303. TYP.
2. ACTUAL NUMBER OF CONDUIT IN TRENCH MAY VARY, SEE SHEET E00. 3"
(TYP)
SCALE:
CONCRETE PAD DETAILB
C3 NONE
FINISHED GRADE
3/4" CHAMFER (TYP)
#5 @ 12" O.C. BOTH
WAYS CENTERED IN SLAB
#5 @ 12" O.C. BOTH
WAYS CENTERED IN SLAB
8"
4" MIN
13'-3" - 4'-8"
12"
95% MINIMUM RELATIVE COMPACTED NATIVE
BACKFILL PER ASTM D1557. OVER EXCAVATE
12" AND RECOMPACT 95%
CONCRETE
NOTE:
1. INSTALL ANCHORAGE TO SECURE EQUIPMENT PER E01 AND TYPICAL EQUIPMENT ANCHORAGE DETAIL.
SCALE:
EV CHARGER FOOTINGC
C3 NONE
SECTION
PLAN
2'-6"
2'-6"
1'-3"
3" CLR
2'
3" CLR
TYP
8'-0" MAX
1'-3"
#5 @ 12" OC, EACH
WAY
FUTURE EV CHARGER
VEHICULAR WAY
FINISHED SURFACE
STD HK, TYP
#5 CONT, TYP
FUTURE EV CHARGER
1/2" DIAMETER SS 316 HILTI KWIK BOLT
TZ EXPANSION ANCHOR WITH MINIMUM
EFFECTIVE EMBEDMENT OF 3 1/4", TYP.
REFER TO MANUFACTURER DWGS FOR
ANCHOR ARRANGEMENT AND
QUANTITY.
6"
2.5"
5"
2"
#6 x 30" BAR AT EACH END
6"
*CONCRETE TO TEST AT
4000 PSI AT 28 DAYS
0'-1"
SCALE:
PRECAST CONCRETE WHEEL STOPD
C3 NONE
13"80" MIN. CLEARANCE2'-3"
3"
1'-3"
2'NOTE:
2" MIN HIGH WHITE TEXT
ISA SYMBOL PER
FIG 11B-703.7.2.1
SCALE:
ACCESSIBLE PARKING SIGNE
C3 NONE
1. SIGN SHALL BE CONSTRUCTED OF
A MINIMUM .062" THICK
ALUMNIMUM
2. LETTERING, SYMBOL AND
BORDER SHALL BE
REFLECTORIZED WHITE, ON A
BLUE BACKGROUND.
3. SIGN SHALL BE TELSPAR
BREAKWAY
8"12"
COMPACT UPPER 12" OF SOIL TO
95% MIN. RELATIVE COMPACTION
CLASS II BASE
COMPACT TO 95% RELATIVE COMPACTION
A.C. PAVING
NOTES
1. SEE AC PAVING SPECIFICATIONS IN GREENBOOK SECTION 203-1
4. CONTRACTOR TO REFERENCE GEOTECHNICAL REPORT AND ADDENDUMS (IF ANY), SEE CIVIL TITLE SHEET.
5. FINAL PAVEMENT SECTION SHALL BE DETERMINED AFTER GRADING TO SUBGRADE HAS
BEEN COMPLETED AND RVALUE TESTS OF COMPLETED SUBGRADE HAVE BEEN TAKEN
6. THE UPPER 12 INCHES OF SUBGRADE SOILS SHOULD BE MOISTURE CONDITIONED TO APPROXIMATELY 2% ABOVE THE OPTIMUM MOISTURE CONTENT AND COMPACTED TO A MINIMUM DRY DENSITY OF 95% OF THE MATERIAL'S MAXIMUM DRY DENSITY AS DETERMINED BY THE ASTM D1557 TEST PROCEDURE. THE AGGREGATE BASE SHALL CONFORM TO CLASS II AGGREGATE BASE IN ACCORDANCE WITH SECTION 400.2.3 OF THE 2015 REGIONAL SUPPLEMENT TO GREENBOOK STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. THE BASE COURSE SHOULD ALSO BE COMPACTED TO A MINIMUM DRY DENSITY OF 95%.
SCALE:
AC PAVEMENT SECTIONF
C3 NONE SCALE:
BOLLARD WITH FOUNDATIONG
C3 NONE
NOTES:
30"
24"
1. CAUTION MUST BE TAKEN WHEN EXCAVATING TO NOT DISTURB EXISTING UNDERGROUND UTILITIES.
2. CONCRETE SHALL BE 3000PSI MINIMUM AT 28 DAYS
3. USE 4 INCH PLAIN STEEL PIPE, WITH A MINIMUM WALL THICKNESS OF 0.185 INCHES. THE PIPE SHALL BE PRIMED WITH AN OIL-BASED PRIMER AND PAINTED YELLOW.
FILL PIPE WITH CONCRETE
EXISTING OR PROPOSED
PAVEMENT
YELLOW REFLECTIVE
TAPE, 2" WIDE
6"
SLOPE FOOTING AWAY FROM
PIPE AT 2% MIN SLOPE
30"
3"
Item 1J - Page 21
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////////////////////////////////////////
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///////////////////////,' ( ///////////// _J_
MOUNT SIGNSW/(2)fs" DIA --~r:~~/,-----7
CARRIAGE BOLTS W/ PEENED
THREADS.
;"WIDEWHITEBORDER -~
PROVIDE THIS SIGN @VAN
ACCESSIBLE STALL ONLY.
2'' GALVANIZED STEEL POST 9' MIN.
INCLUDING 24" MIN EMBEDMENT
3000 PSI POURED-IN-PLACE
CONCRETE, SMOOTH TROWEL
FINISH FLUSH WITH GRADE
0 VAN---+--+----'
CCESSI BLE-+--~
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E E E E E
ELECTRIC SITE PLAN
0 201010 5
SCALE: 1" = 10'
1. REFER TO CONDUIT AND WIRE SCHEDULE ON SHEET E-2 FOR REQUIREMENTS.
2. CONDUIT ROUTING IS DIAGRAMMATICALLY SHOWN ON PLANS AND ARE ONLY APPROXIMATIONS. THE EXACT LOCATION AND ROUTING PATHS SHALL BE FIELD VERIFIED AND INSTALLED PER JURISDICTIONAL REQUIREMENTS.
3. ALL ELECTRICAL WORK AND RELATED ACTIVITIES PERFORMED ONSITE SHALL BE DONE IN
ACCORDANCE WITH NATIONAL ELECTRICAL CODE (NEC) STANDARDS BEING ENFORCED BY ALL APPLICABLE JURISDICTIONAL REQUIREMENTS AT TIME OF CONSTRUCTION.
4. UTILITY EQUIPMENT INSTALLATIONS AND PREP WORK SHALL BE COORDINATED WITH THE APPROPRIATE UTILITY ENGINEER TO ENSURE ACCURACY OF INSTALLATIONS.
5. BOLLARD PROTECTION TO BE INSTALLED PER UTILITY SPECIFICATION. ADDITIONAL BOLLARD
PROTECTION MAY BE REQUIRED AT THE DISCRETION OF THE UTILITY FILED INSPECTION PERSONNEL.
6. CONTRACTOR TO INSTALL TERMINAL BLOCK PRIOR TO CUSTOMER EVSE CHARGING DISPENSER BEING INSTALLED IN PHASE II.
** AC CONDUCTOR: 16FEET IS ADDED TO HORIZONTAL RUN LENGTH TO ACCOUNT FOR BURIED DEPTH
-
GENERAL NOTES
ELECTRICAL SITE
LAYOUT
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
E1
N
EXISTING EDGE OF PAVEMENT LINE
EXISTING NATURAL GAS GEOPHYSICAL LINE
EXISTING WATER LINE
LIMITS OF WORK
W W
G G
CONSTRUCTION NOTE LEGEND
EXISTING SANITARY LINE SS SS
EXISTING BOLLARD
EXISTING DOWN DRAIN
EXISTING DROP INLET
EXISTING ELECTRICAL BOX
EXISTING ELECTRICAL PARKING STATION
EXISTING ELECTRICAL RISER
EXISTING ELECTRICAL TRANSFORMER
EXISTING ELECTRICAL VAULT
EXISTING ELECTRICAL LIGHT
EXISTING FIRE HYDRANT
EXISTING NATURAL GAS METER
EXISTING GATE
EXISTING STORM DRAIN CLEANOUT
EXISTING STORM DRAIN MANHOLE
EXISTING SEWER CLEANOUT
EXISTING SEWER MANHOLE
EXISTING HANDICAP PARKING
EXISTING SIGN
EXISTING WATER MARKING POST
EXISTING WATER RISER
EXISTING WATER VALVE
EXISTING WHEEL STOP
EXISTING ELECTRICAL LINE
E E
EXISTING FENCE LINE X X
LINE LEGEND
UTILITY TRANSFORMER BY OTHERS = 1
1 4
1 2
3 4
5 6
7 8
11 9
10 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
76 75
77 78
79 80
1 4
1 4
1 4
1 4
1 4
1 4
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
2 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 7
7 8
1 7
1 7
2 8
1 7
1 7
1 7
1 7
1 7
3 5
4 4
4 5
5 2
3 5
6 65
PROPOSED DUAL PORT EVSE CHARGING POST (PHASE II - INSTALLED BY OTHERS), PER DETAIL 3, SHEET E5.1
2 4
PROPOSED SINGLE PORT EVSE CHARGING POST (PHASE II - INSTALLED BY OTHERS), PER DETAIL 3, SHEET E5
PROPOSED STEP-DOWN TRANSFORMER
INDICATES EVSE CHARGEPORT STALL#
PROPOSED CONDUIT FROM PROPOSED SERVICE SWITCHBOARD TO
PROPOSED EVSE
3 PROPOSED1600A METERED SWITCHBOARD PAD, PER DETAIL 4, SHEET E5 5 PROPOSED DISTRIBUTION SWITCHBOARD PAD, PER DETAIL 5, SHEET E5
BOLLARD
WHEELSTOP
Item 1J - Page 22
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ELECTRICAL SITE
LAYOUT
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
E1.1
AC LEVEL 2 LENGTHS
SINGLE
PORT
EVSE
LINEAR
LENGTH
(FT)
**ESTIMATED
LENGTH (FT)
ESTIMATED %
VOLTAGE
DROP
SWBD-B
69 85 1.27
69 85 1.27
23 39 0.58
23 39 0.58
42 58 0.86
42 58 0.86
61 77 1.15
61 77 1.15
42 58 0.86
42 58 0.86
69 85 1.27
69 85 1.27
23 39 0.58
23 39 0.58
42 58 0.86
42 58 0.86
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
AC LEVEL 2 LENGTHS
SINGLE
PORT
EVSE
LINEAR
LENGTH
(FT)
**ESTIMATED
LENGTH (FT)
ESTIMATED %
VOLTAGE
DROP
SWBD-D
34 50 0.75
34 50 0.75
15 31 0.46
15 31 0.46
13 29 0.43
13 29 0.43
18 34 0.51
40 56 0.83
46 62 0.92
82 98 1.46
82 98 1.46
100 116 1.73
100 116 1.73
128 144 2.15
128 144 2.15
154 170 2.53
34 50 0.75
34 50 0.75
15 31 0.46
15 31 0.46
12 28 0.42
18 34 0.51
40 56 0.83
46 62 0.92
82 98 1.46
82 98 1.46
110 126 1.88
110 126 1.88
128 144 2.15
128 144 2.15
154 170 2.53
154 170 2.53
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 AC LEVEL 2 LENGTHS
SINGLE
PORT
EVSE
LINEAR
LENGTH
(FT)
**ESTIMATED
LENGTH (FT)
ESTIMATED %
VOLTAGE
DROP
SWBD-C
46 62 0.92
46 62 0.92
20 36 0.54
20 36 0.54
14 30 0.60
14 30 0.60
33 49 0.73
33 49 0.73
59 75 1.12
59 75 1.12
77 93 1.39
77 93 1.39
105 121 1.80
105 121 1.80
57 73 1.09
57 73 1.09
39 55 0.82
39 55 0.82
20 36 0.54
20 36 0.54
14 30 0.60
14 30 0.60
33 49 0.73
33 49 0.73
59 75 1.12
59 75 1.12
77 93 1.39
77 93 1.39
95 111 1.65
95 111 1.65
123 139 2.07
123 139 2.07
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 Item 1J - Page 23
-
'-
SINGLE LINE DIAGRAM
30% DESIGN
E2
CONDUIT AND WIRING SCHEDULE
FROM TO CONFIGURATION
EXISTING TRANSFORMER PROPOSED 800A 480V
METERED SWITCHBOARD TBD (PER UTILITY DESIGN)
PROPOSED 800A 480V
METERED SWITCHBOARD
PROPOSED 112.5kVA
STEP-DOWN TRANSFORMER
"EV-XFMR-1"
(3) 3/0 MCM CU (THWN-2) +
(1) #6 AWG CU EGC (THWN-2)
IN (1) 2" SCH 40 PVC
PROPOSED 112.5kVA
STEP-DOWN TRANSFORMER
"EV-XFMR-1
PROPOSED 400A 208V
DISTRIBUTION BOARD
"EV-SWBD-B"
(3) 3/0 AWG CU (THWN-2) +
(1) 3/0 AWG CU NEUT (THWN-2) +
(1) 1/0 AWG CU SSBJ (THWN-2)
IN (2) 3" SCH 40 PVC
PROPOSED 400A 208V
DISTRIBUTION BOARD
"EV-SWBD-B"
PROPOSED DUAL PORT
LEVEL 2 CHARGER
(4) #8 AWG CU (THWN-2) +
(1) #10 AWG CU EGC (THWN-2)
IN (1) 1" SCH 40 PVC
1 2
3 4
480V LOAD TABLE
FLA QTY TOTAL FLA
7.2KW LEVEL 2 CHARGER 30 80 601
1 SCE XFMR
480/277V,
3Ø, 4W
INCOMING
M
GROUNDING ELECTRODE
5/8"X8'-0" COPPER CLAD
GROUND ROD INSTALLATION
PER NEC 250.52(A)(5), 250.53
(A) AND 250.68
MAIN /METERING
SECTION
GRND
NEUT
#6 SOLID AWG CU
GROUNDING ELECTRODE
CONDUCTOR PER NEC
250.66 (A)
800A
3P
100% RATED
MANUFACTURER PROVIDED
MAIN BONDING JUMPER PER
CEC 250.24 (A)(4),
250.28(C),250.8(A)(7)
200A
3P
"EV-SWBD-A" METERED SWITCHBOARD
800A BUS, 800A MAIN, 480V, 3Ø, 3W,
30 TBD KAIC, FULLY RATED, NEMA-3R
350A
3P
350A
3P
2 SEE NOTE 2
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
40A
2P
EVSE-1
CHARGE PORT 2
40A
2P
EVSE-1
CHARGE PORT 1
4 L2-EVSC-1
CHARGE PORT 1 & 2
(30 FLA + 30 FLA)
40A
2P
EVSE-2
CHARGE PORT 3
40A
2P
EVSE-2
CHARGE PORT 4
40A
2P
EVSE-3
CHARGE PORT 5
40A
2P
EVSE-3
CHARGE PORT 6
40A
2P
EVSE-4
CHARGE PORT 7
40A
2P
EVSE-4
CHARGE PORT 8
40A
2P
EVSE-5
CHARGE PORT 9
40A
2P
EVSE-5
CHARGE PORT 10
40A
2P
EVSE-6
CHARGE PORT 11
40A
2P
EVSE-6
CHARGE PORT 12
40A
2P
EVSE-7
CHARGE PORT 13
40A
2P
EVSE-7
CHARGE PORT 14
40A
2P
EVSE-8
CHARGE PORT 15
40A
2P
EVSE-8
CHARGE PORT 16
3 "EV-SWBD-B" 400A BUS, 400A MAIN, 120/208V,
3Ø, 4W, 42 KAIC, FULLY RATED, NEMA-3R
NOTES:
1. STANDARD RATED SERVICE PANELS, OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/CEC REQUIREMENTS AT 125% CONTINUOUS LOAD. 100% RATED SERVICE PANELS,
OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/CEC REQUIREMENTS AT 100% CONTINUOUS LOAD.
2. PROPOSED UTILITY CTS/PTS SHALL BE LOCATED WITHIN COMPARTMENTS APPROVED BY THE UTILITY AS SHOWN IN THIS DRAWING PACKAGE.
3. THE METHODS CONTAINED IN CEC/NEC ARTICLE 250 SHALL BE FOLLOWED TO COMPLY WITH
GROUNDING AND BONDING OF ELECTRICAL SYSTEMS AND NON-CURRENT CARRYING
CONDUCTIVE MATERIALS, ENCLOSURES, OR ITEMS FORMING PART OF ANY SUCH EQUIPMENT
THAT ENCLOSES OR CARRIES ELECTRICAL CONDUCTOR OR EQUIPMENT THAT IS LIKELY TO BECOME ENERGIZED. SEE CEC/NEC 250.4(A)(1) THROUGH (5) FOR FURTHER DESCRIPTION.
4. WHERE TWO OR MORE GROUND RODS ARE TO BE INSTALLED, THE MINIMUM SEPARATION SHALL BE 6' PER CEC/NEC 250.53 (A)(2), AND (3) RESISTANCE OF ELECTRODES.
5. UTILITY INFORMATION BASED OFF ON SITE ASSUMPTION. SERVICE VOLTAGE TO BE VERIFIED WITH UTILITY AND COULD IMPACT SINGLE-LINE DIAGRAM.
SEE SHEET E2.1SEE SHEET E2.2
EV-XFMR-1
112.5 kVA
480-208V/120V,
3Ø, 4W
GROUNDING ELECTRODE
5/8"X8'-0" COPPER CLAD
GROUND ROD INSTALLATION
PER NEC 250.52(A)(5), 250.53
(A) AND 250.68
GRND
NEUT
#6 SOLID AWG CU
GROUNDING ELECTRODE
CONDUCTOR PER NEC
250.66 (A)
400A
3P
MANUFACTURER PROVIDED
MAIN BONDING JUMPER PER
CEC 250.24 (A)(4),
250.28(C),250.8(A)(7)
208V LOAD TABLE
FLA QTY TOTAL FLA
7.2KW LEVEL 2 CHARGER 30 16 278
INCOMING/MAIN
SECTION
4 4 4 4 4 4 4
L2-EVSC-2
CHARGE PORT 3 & 4
(30 FLA + 30 FLA)
L2-EVSC-3
CHARGE PORT 5 & 6
(30 FLA + 30 FLA)
L2-EVSC-4
CHARGE PORT 7 & 8
(30 FLA + 30 FLA)
L2-EVSC-5
CHARGE PORT 9 & 10
(30 FLA + 30 FLA)
L2-EVSC-6
CHARGE PORT 11 & 12
(30 FLA + 30 FLA)
L2-EVSC-7
CHARGE PORT 13 & 14
(30 FLA + 30 FLA)
L2-EVSC-8
CHARGE PORT 15 & 16
(30 FLA + 30 FLA)
Item 1J - Page 24
C: \NV5-AUT0CAD-SITTINGS\CJD2022\ TEMP\ACPUBL/SH_95256\N5_C01-PALM-SPRINGS.DWG (08-06-24 11 :54:26AM) o O O 0
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--=== c..n
SINGLE LINE DIAGRAM
30% DESIGN
E2.1
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
40A
2P
EVSE-9
CHARGE PORT 18
40A
2P
EVSE-9
CHARGE PORT 17
40A
2P
EVSE-10
CHARGE PORT 19
40A
2P
EVSE-10
CHARGE PORT 20
40A
2P
EVSE-11
CHARGE PORT 21
40A
2P
EVSE-11
CHARGE PORT 22
40A
2P
EVSE-12
CHARGE PORT 23
40A
2P
EVSE-12
CHARGE PORT 24
40A
2P
EVSE-13
CHARGE PORT 25
40A
2P
EVSE-13
CHARGE PORT 26
40A
2P
EVSE-14
CHARGE PORT 27
40A
2P
EVSE-14
CHARGE PORT 28
40A
2P
EVSE-15
CHARGE PORT 29
40A
2P
EVSE-15
CHARGE PORT 30
40A
2P
EVSE-16
CHARGE PORT 31
40A
2P
EVSE-16
CHARGE PORT 32
"EV-SWBD-C" 800A BUS, 800A MAIN, 120/208V,
3Ø, 4W, 42 KAIC, FULLY RATED, NEMA-3R
40A
2P
EVSE-18
CHARGE PORT 35
40A
2P
40A
2P
EVSE-19
CHARGE PORT 37
40A
2P
EVSE-19
CHARGE PORT 38
40A
2P
EVSE-20
CHARGE PORT 40
40A
2P
40A
2P
EVSE-21
CHARGE PORT 41
40A
2P
EVSE-21
CHARGE PORT 42
40A
2P
40A
2P
EVSE-22
CHARGE PORT 44
40A
2P
EVSE-23
CHARGE PORT 45
40A
2P
EVSE-23
CHARGE PORT 46
40A
2P
EVSE-24
CHARGE PORT 47
40A
2P
EVSE-24
CHARGE PORT 48
40A
2P
40A
2P
"EV-SWBD-C" 800A BUS, 800A MAIN, 120/208V,
3Ø, 4W, 42 KAIC, FULLY RATED, NEMA-3R
5 NOTES:
1. STANDARD RATED SERVICE PANELS, OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/CEC REQUIREMENTS AT 125% CONTINUOUS LOAD. 100% RATED SERVICE PANELS,
OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/CEC REQUIREMENTS AT 100% CONTINUOUS LOAD.
2. PROPOSED UTILITY CTS/PTS SHALL BE LOCATED WITHIN COMPARTMENTS APPROVED BY THE UTILITY AS SHOWN IN THIS DRAWING PACKAGE.
3. THE METHODS CONTAINED IN CEC/NEC ARTICLE 250 SHALL BE FOLLOWED TO COMPLY WITH
GROUNDING AND BONDING OF ELECTRICAL SYSTEMS AND NON-CURRENT CARRYING
CONDUCTIVE MATERIALS, ENCLOSURES, OR ITEMS FORMING PART OF ANY SUCH EQUIPMENT
THAT ENCLOSES OR CARRIES ELECTRICAL CONDUCTOR OR EQUIPMENT THAT IS LIKELY TO BECOME ENERGIZED. SEE CEC/NEC 250.4(A)(1) THROUGH (5) FOR FURTHER DESCRIPTION.
4. WHERE TWO OR MORE GROUND RODS ARE TO BE INSTALLED, THE MINIMUM SEPARATION SHALL BE 6' PER CEC/NEC 250.53 (A)(2), AND (3) RESISTANCE OF ELECTRODES.
5. UTILITY INFORMATION BASED OFF ON SITE ASSUMPTION. SERVICE VOLTAGE TO BE VERIFIED WITH UTILITY AND COULD IMPACT SINGLE-LINE DIAGRAM.
FROM "EV-SWBD-A" 480V 1600A
METERED SWITCHBOARD
EV-XFMR-2
225 kVA
480-208V/120V,
3Ø, 4W
SEE BELOW
CONTINUED
FROM ABOVE
7 L2-EVSC-9
CHARGE PORT 17 & 18
(30 FLA + 30 FLA)
7 L2-EVSC-10
CHARGE PORT 19 & 20
(30 FLA + 30 FLA)
7 L2-EVSC-11
CHARGE PORT 21 & 22
(30 FLA + 30 FLA)
7 L2-EVSC-12
CHARGE PORT 23 & 24
(30 FLA + 30 FLA)
7 L2-EVSC-13
CHARGE PORT 25 & 26
(30 FLA + 30 FLA)
7 L2-EVSC-14
CHARGE PORT 27 & 28
(30 FLA + 30 FLA)
7 L2-EVSC-15
CHARGE PORT 29 & 30
(30 FLA + 30 FLA)
7 L2-EVSC-16
CHARGE PORT 31 & 32
(30 FLA + 30 FLA)
7 L2-EVSC-17
CHARGE PORT 33 & 34
(30 FLA + 30 FLA)
7 L2-EVSC-18
CHARGE PORT 35 & 36
(30 FLA + 30 FLA)
7 L2-EVSC-19
CHARGE PORT 37 & 38
(30 FLA + 30 FLA)
7 L2-EVSC-20
CHARGE PORT 39 & 40
(30 FLA + 30 FLA)
7 L2-EVSC-21
CHARGE PORT 41 & 42
(30 FLA + 30 FLA)
7 L2-EVSC-22
CHARGE PORT 43 & 44
(30 FLA + 30 FLA)
7 L2-EVSC-23
CHARGE PORT 45 & 46
(30 FLA + 30 FLA)
7 L2-EVSC-24
CHARGE PORT 47 & 48
(30 FLA + 30 FLA)
CONDUIT AND WIRING SCHEDULE
FROM TO CONFIGURATION
PROPOSED 800A 480V
METERED SWITCHBOARD
PROPOSED 225kVA
STEP-DOWN TRANSFORMER
"EV-XFMR-2"
(3) 2/0 AWG CU (THWN-2) +
(1) #3 AWG CU EGC (THWN-2)
IN (2) 2" SCH 40 PVC
PROPOSED 225kVA
STEP-DOWN TRANSFORMER
"EV-XFMR-2"
PROPOSED 800A 208V
DISTRIBUTION SWITCHBOARD
(3) 300 MCM CU (THWN-2) +
(1) 300 MCM CU NEUT (THWN-2) +
(1) 2/0 AWG CU SSBJ (THWN-2)
IN (3) 3" SCH 40 PVC
PROPOSED 800A 208V
DISTRIBUTION SWITCHBOARD
PROPOSED DUAL PORT
LEVEL 2 CHARGER
(4) #8 AWG CU (THWN-2) +
(1) #10 AWG CU EGC (THWN-2)
IN (1) 1" SCH 40 PVC
5 6
7 208V LOAD TABLE
FLA QTY TOTAL FLA
7.2KW LEVEL 2 CHARGER 30 32 554
6 GROUNDING ELECTRODE
5/8"X8'-0" COPPER CLAD
GROUND ROD INSTALLATION
PER NEC 250.52(A)(5), 250.53
(A) AND 250.68
GRND
NEUT
#6 SOLID AWG CU
GROUNDING ELECTRODE
CONDUCTOR PER NEC
250.66 (A)
800A
3P
MANUFACTURER PROVIDED
MAIN BONDING JUMPER PER
CEC 250.24 (A)(4),
250.28(C),250.8(A)(7)
INCOMING/MAIN
SECTION
EVSE-17
CHARGE PORT 33
EVSE-17
CHARGE PORT 34
EVSE-18
CHARGE PORT 36
EVSE-20
CHARGE PORT 39
EVSE-22
CHARGE PORT 43
Item 1J - Page 25
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-
SINGLE LINE DIAGRAM
30% DESIGN
E2.2
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
"EV-SWBD-D" 800A BUS, 800A MAIN, 120/208V,
3Ø, 4W, 42 KAIC, FULLY RATED, NEMA-3R
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
40A
2P
"EV-SWBD-D" 800A BUS, 800A MAIN, 120/208V,
3Ø, 4W, 42 KAIC, FULLY RATED, NEMA-3R
5 NOTES:
1. STANDARD RATED SERVICE PANELS, OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/CEC REQUIREMENTS AT 125% CONTINUOUS LOAD. 100% RATED SERVICE PANELS,
OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/CEC REQUIREMENTS AT 100% CONTINUOUS LOAD.
2. PROPOSED UTILITY CTS/PTS SHALL BE LOCATED WITHIN COMPARTMENTS APPROVED BY THE UTILITY AS SHOWN IN THIS DRAWING PACKAGE.
3. THE METHODS CONTAINED IN CEC/NEC ARTICLE 250 SHALL BE FOLLOWED TO COMPLY WITH
GROUNDING AND BONDING OF ELECTRICAL SYSTEMS AND NON-CURRENT CARRYING
CONDUCTIVE MATERIALS, ENCLOSURES, OR ITEMS FORMING PART OF ANY SUCH EQUIPMENT
THAT ENCLOSES OR CARRIES ELECTRICAL CONDUCTOR OR EQUIPMENT THAT IS LIKELY TO BECOME ENERGIZED. SEE CEC/NEC 250.4(A)(1) THROUGH (5) FOR FURTHER DESCRIPTION.
4. WHERE TWO OR MORE GROUND RODS ARE TO BE INSTALLED, THE MINIMUM SEPARATION SHALL BE 6' PER CEC/NEC 250.53 (A)(2), AND (3) RESISTANCE OF ELECTRODES.
5. UTILITY INFORMATION BASED OFF ON SITE ASSUMPTION. SERVICE VOLTAGE TO BE VERIFIED WITH UTILITY AND COULD IMPACT SINGLE-LINE DIAGRAM.
FROM "EV-SWBD-A" 480V 1600A
METERED SWITCHBOARD
EV-XFMR-3
225 kVA
480-208V/120V,
3Ø, 4W
SEE BELOW
CONTINUED
FROM ABOVE
7 7 7 7 7 7 7 7
7 8 7 7 8 7 7 7
CONDUIT AND WIRING SCHEDULE
FROM TO CONFIGURATION
PROPOSED 800A 480V
METERED SWITCHBOARD
PROPOSED 225kVA
STEP-DOWN TRANSFORMER
"EV-XFMR-3"
(3) 2/0 AWG CU (THWN-2) +
(1) #3 AWG CU EGC (THWN-2)
IN (2) 2" SCH 40 PVC
PROPOSED 225kVA
STEP-DOWN TRANSFORMER
"EV-XFMR-3"
PROPOSED 800A 208V
DISTRIBUTION SWITCHBOARD
(3) 300 MCM CU (THWN-2) +
(1) 300 MCM CU NEUT (THWN-2) +
(1) 2/0 AWG CU SSBJ (THWN-2)
IN (3) 3" SCH 40 PVC
PROPOSED 800A 208V
DISTRIBUTION SWITCHBOARD
PROPOSED DUAL PORT
LEVEL 2 CHARGER
(4) #8 AWG CU (THWN-2) +
(1) #10 AWG CU EGC (THWN-2)
IN (1) 1.1" SCH 40 PVC
PROPOSED 800A 208V
DISTRIBUTION SWITCHBOARD
PROPOSED SINGLE PORT
LEVEL 2 CHARGER
(2) #8 AWG CU (THWN-2) +
(1) #10 AWG CU EGC (THWN-2)
IN (1) 1.1" SCH 40 PVC
5 6
7 8
208V LOAD TABLE
FLA QTY TOTAL FLA
7.2KW LEVEL 2 CHARGER 30 32 554
6 GROUNDING ELECTRODE
5/8"X8'-0" COPPER CLAD
GROUND ROD INSTALLATION
PER NEC 250.52(A)(5), 250.53
(A) AND 250.68
GRND
NEUT
#6 SOLID AWG CU
GROUNDING ELECTRODE
CONDUCTOR PER NEC
250.66 (A)
800A
3P
MANUFACTURER PROVIDED
MAIN BONDING JUMPER PER
CEC 250.24 (A)(4),
250.28(C),250.8(A)(7)
INCOMING/MAIN
SECTION
L2-EVSC-25
CHARGE PORT 49 & 50
(30 FLA + 30 FLA)
L2-EVSC-26
CHARGE PORT 51 & 52
(30 FLA + 30 FLA)
L2-EVSC-27
CHARGE PORT 53 & 54
(30 FLA + 30 FLA)
L2-EVSC-28
CHARGE PORT 55 & 70
(30 FLA + 30 FLA)
L2-EVSC-29
CHARGE PORT 56 & 71
(30 FLA + 30 FLA)
L2-EVSC-30
CHARGE PORT 57 & 72
(30 FLA + 30 FLA)
L2-EVSC-31
CHARGE PORT 58 & 59
(30 FLA + 30 FLA)
L2-EVSC-32
CHARGE PORT 60 & 61
(30 FLA + 30 FLA)
L2-EVSC-33
CHARGE PORT 62 & 63
(30 FLA + 30 FLA)
L2-EVSC-34
CHARGE PORT 64
(30 FLA + 30 FLA)
L2-EVSC-35
CHARGE PORT 65 & 66
(30 FLA + 30 FLA)
L2-EVSC-36
CHARGE PORT 67 & 68
(30 FLA + 30 FLA)
L2-EVSC-37
CHARGE PORT 69
(30 FLA)
L2-EVSC-39
CHARGE PORT 75 & 76
(30 FLA + 30 FLA)
L2-EVSC-40
CHARGE PORT 77 & 78
(30 FLA + 30 FLA)
L2-EVSC-41
CHARGE PORT 79 & 80
(30 FLA + 30 FLA)
EVSE-25
CHARGE PORT 50
EVSE-25
CHARGE PORT 49
EVSE-26
CHARGE PORT 51
EVSE-27
CHARGE PORT 53
EVSE-27
CHARGE PORT 54
EVSE-28
CHARGE PORT 55
EVSE-28
CHARGE PORT 70
EVSE-29
CHARGE PORT 56
EVSE-29
CHARGE PORT 71
EVSE-30
CHARGE PORT 57
EVSE-30
CHARGE PORT 72
EVSE-31
CHARGE PORT 58
EVSE-31
CHARGE PORT 59
EVSE-32
CHARGE PORT 61
EVSE-33
CHARGE PORT 62
EVSE-34
CHARGE PORT 64
EVSE-35
CHARGE PORT 66
EVSE-35
CHARGE PORT 65
EVSE-36
CHARGE PORT 67
EVSE-36
CHARGE PORT 68
EVSE-37
CHARGE PORT 69
EVSE-39
CHARGE PORT 75
EVSE-39
CHARGE PORT 76
EVSE-40
CHARGE PORT 77
EVSE-40
CHARGE PORT 78
EVSE-41
CHARGE PORT 79
EVSE-41
CHARGE PORT 80
EVSE-26
CHARGE PORT 52
EVSE-32
CHARGE PORT 60
EVSE-33
CHARGE PORT 63
40A
2P
40A
2P
7 L2-EVSC-38
CHARGE PORT 73 & 74
(30 FLA + 30 FLA)
EVSE-38
CHARGE PORT 73
EVSE-38
CHARGE PORT 74
Item 1J - Page 26
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-
ELECTRICAL LOAD
SCHEDULE DETAILS
E3
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
EV-SWBD-A METER SWITCHBOARD
800A BUS, 100% RATED 800A MAIN 480V, 3Ø,
4W, 30 KAIC FULLY RATED
NEMA 3R
800A
1 3
350A
5 7
9 11
A B C
EV-XFMR-2
2 4
6 8
10 12
EV-XFMR-3
350A
LOAD SUMMARY TABLE
A
KVA
B
KVA
C
KVA
WIRE
SIZE DESCRIPTION BREAKER
POSITION
EV-XFMR-2
75 75
2/0 AWG 1
3 5
2 4
6 7
9 11
8 10
12 187.5 187.5 187.5 TOTAL KVA/BUS
TOTAL KVA562.5
NOTE: BUS HAS BEEN SIZED FOR HIGHEST AMPACITY
562.5 KVA @ 480V = 677 A
75 200A
EV-XFMR-3
EV-XFMR-1
EV-XFMR-1
LINE
LOAD
A
A
B
C
480/277V
PER SCE
LINE
LOAD
B
LINE
LOAD
C
N
N
G
(2) 5/8" X 10' GROUND RODS
(MIN. 6' SEPARATION)
75 75
75 37.5
37.5 37.5
13 17
14 16
18 15
19 23
20 22
24 21
25 29
26 28
30 27
26 28
30 13
15 17
14 16
18 19
21 23
25 27
29 20
22 24
SCALE:
EV-SWBD-A LOAD SCHEDULE1
E3 NONE
100% RATED
2/0 AWG
2/0 AWG
2/0 AWG
2/0 AWG
2/0 AWG
3/0 AWG
3/0 AWG
3/0 AWG
1 30% DESIGN
N
Item 1J - Page 27
-
'-
V ------.. cT, - -
I I I +
A - -
[I]
00 I I I
I
~ /
-
[;J
--------/"'f"
cT, ~
' - - -
-< --------+ + >-
~ ~ ~ ~
• A A
-------- - - -• - - -
--------/"'f"
cT, r
______ + + - - -
A A
'-
--------'
--------/"'f"
('T:
' - - -
' ______ + +
'
A A --------
--------/"'f"
('T:
~ ______ + + - -
A A
---------- --
--------/"'f"
('T: - -- -
______ + +
A A
--------
- - -
I
' '
I
'\. ,I
-
E3.1
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
"EV-SWBD-B" DISTRIBUTION PANEL
400A BUS, 400A MAIN, 208/120V, 3Ø, 4W
42 KAIC FULLY RATED, NEMA-3R
C
B
A
N
G
C10
400A
1 3
40A
5 7
9 11
13 15
17 19
21 23
A B C
L2-EVSE-1
PORT 1
2 4
6 8
10 12
14 16
18 20
22 24
40A
40A
40A
L2-EVSE-5
PORT 9
40A
L2-EVSE-3
PORT 5
40A
40A
40A
40A
40A
LOAD SUMMARY TABLE
A
KVA
B
KVA
C
KVA
WIRE
SIZE DESCRIPTION BREAKER
POSITION CIRCUIT
L2-EVSE-1
PORT 1
1 3
1 5
7 9
11 13
15 17
19 21
23 6
8 10
12 14
16 18
20 22
24 26
28 34.3 34.3 52.0 TOTAL KVA/BUS
TOTAL KVA96.7
NOTE: BUS HAS BEEN SIZED FOR HIGHEST AMPACITY
96.7 KVA @ 208V = 269 A
125% x 269 A = 336 A
2 3
4 5
6 7
8 9
10 11
12 #8
#8
#8
FROM
EV-XFMR-1
SECONDARY
(208/120V) #8
#8
#8
#8
#8
#8
#8
#8
40A
40A
25 27
26 28
40A
29 31
30 32
40A
25 27
#8
29 31
30 32
33 35
3.12 3.12
13 14
15 33
35 34
36 BLANK
34 36
BLANK
BLANK
2 4
G
N
L2-EVSE-1
PORT 2
L2-EVSE-2
PORT 3
L2-EVSE-2
PORT 4
L2-EVSE-8
PORT 16
L2-EVSE-8
PORT 15
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
L2-EVSE-1
PORT 2
L2-EVSE-2
PORT 3
L2-EVSE-2
PORT 4
L2-EVSE-3
PORT 5
L2-EVSE-3
PORT 6
L2-EVSE-4
PORT 7
L2-EVSE-4
PORT 8
L2-EVSE-5
PORT 9
L2-EVSE-5
PORT 10
L2-EVSE-6
PORT 11
L2-EVSE-6
PORT 12
L2-EVSE-7
PORT 13
L2-EVSE-7
PORT 14
L2-EVSE-8
PORT 15
L2-EVSE-8
PORT 163.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
SCALE:
EV-SWBD-B LOAD SCHEDULE1
E3.1 NONE
#8
L2-EVSE-3
PORT 6
L2-EVSE-4
PORT 7
L2-EVSE-4
PORT 8
L2-EVSE-5
PORT 10
L2-EVSE-6
PORT 11
L2-EVSE-6
PORT 12
L2-EVSE-7
PORT 13
L2-EVSE-7
PORT 14
16 40A
40A
ELECTRICAL LOAD
SCHEDULE DETAILS
30% DESIGN
(2) 5/8" X 10' GROUND RODS
(MIN. 6' SEPARATION)
Item 1J - Page 28
-
'-
~
~ -
+
,--1..__
- -
<
I I
I
~ -'-
{
~ ~
} ,--1..__ ,--1..__ - - - -
~ ~
{ } ,--1..__ ,--1..__ - - - -
{
~ cT'--_
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{
~ ~
}
- - - -,--1..__ ,--1..__ - - -
-
{
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}
- - -,--1..__ ,--1..__
-
~ ~
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,--1..__ ,--1..__ - - - -
{
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}
- - - -
-- -- ,--1..__ - - ~ - -
+ {
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}
- - -
,--1..__ ,--1..__
~ --
}
- -
,--1..__
--
I
' '
I
'\. ,I
-
E3.2
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
"EV-SWBD-C" DISTRIBUTION PANEL
800A BUS, 800A MAIN, 208/120V, 3Ø, 4W
42 KAIC FULLY RATED, NEMA-3R
C
B
A
N
G
C10
800A
1 3
40A
5 7
9 11
13 15
17 19
21 23
L2-EVSE-9
PORT 17
2 4
6 8
10 12
14 16
18 20
22 24
40A
40A
40A
40A
40A
40A
40A
40A
40A
LOAD SUMMARY TABLE
A
KVA
B
KVA
C
KVA
WIRE
SIZE DESCRIPTION BREAKER
POSITION CIRCUIT
L2-EVSE-9
PORT 17
1 3
1 5
7 9
11 13
15 17
19 21
23 37
39 41
43 45
47 49
51 53
55 57
59 65.5 65.5 65.5 TOTAL KVA/BUS
TOTAL KVA196.5
NOTE: BUS HAS BEEN SIZED FOR HIGHEST AMPACITY
196.5 KVA @ 208V = 546 A
125% x 546 A = 682 A
2 3
4 5
6 7
8 9
10 11
12 #8
#8
#8
FROM
EV-XFMR-2
SECONDARY
(208/120V) #8
#8
#8
#8
#8
#8
#8
#8
40A
40A
25 27
26 28
40A
29 31
30 32
40A
25 27
#8
29 31
61 63
2 4
3.12 3.12
13 14
15 33
35 34
36 33
35 G
L2-EVSE-9
PORT 18
L2-EVSE-10
PORT 19
L2-EVSE-20
PORT 40
L2-EVSE-20
PORT 39
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
L2-EVSE-9
PORT 18
L2-EVSE-10
PORT 19
L2-EVSE-10
PORT 20
L2-EVSE-11
PORT 21
L2-EVSE-11
PORT 22
L2-EVSE-12
PORT 23
L2-EVSE-12
PORT 24
L2-EVSE-13
PORT 25
L2-EVSE-13
PORT 26
L2-EVSE-14
PORT 27
L2-EVSE-14
PORT 28
L2-EVSE-15
PORT 29
L2-EVSE-15
PORT 30
L2-EVSE-16
PORT 31
L2-EVSE-16
PORT 323.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
SCALE:
EV-SWBD-C LOAD SCHEDULE1
E3.2 NONE
#8
L2-EVSE-19
PORT 38
L2-EVSE-19
PORT 37
L2-EVSE-18
PORT 36
L2-EVSE-18
PORT 35
L2-EVSE-17
PORT 34
L2-EVSE-17
PORT 33
L2-EVSE-10
PORT 20
L2-EVSE-11
PORT 21
L2-EVSE-11
PORT 22
L2-EVSE-12
PORT 23
L2-EVSE-12
PORT 24
SCALE:
EV-SWBD-D LOAD SCHEDULE2
E3.2 NONE
L2-EVSE-13
PORT 25
L2-EVSE-21
PORT 41
37 39
38 40
L2-EVSE-13
PORT 26
L2-EVSE-21
PORT 42
41 43
42 44
L2-EVSE-14
PORT 27
L2-EVSE-22
PORT 43
45 47
46 48
L2-EVSE-14
PORT 28
L2-EVSE-22
PORT 44
49 51
50 52
L2-EVSE-15
PORT 29
L2-EVSE-23
PORT 45
53 55
54 56
L2-EVSE-23
PORT 46
57 59
58 60
L2-EVSE-16
PORT 31
L2-EVSE-24
PORT 47
61 63
62 64
L2-EVSE-16
PORT 32
L2-EVSE-24
PORT 48
L2-EVSE-15
PORT 30
A B C
L2-EVSE-17
PORT 33 17
3.12 3.12
6 8
L2-EVSE-17
PORT 34 18
10 12
L2-EVSE-18
PORT 35
14 16
L2-EVSE-18
PORT 36 20
18 20
L2-EVSE-19
PORT 37 21
22 24
L2-EVSE-19
PORT 38 22
26 28
L2-EVSE-20
PORT 39 23
30 32
L2-EVSE-20
PORT 40 24
34 36
L2-EVSE-21
PORT 41 25
38 40
L2-EVSE-21
PORT 42 26
42 44
L2-EVSE-22
PORT 43 27
46 48
L2-EVSE-22
PORT 44 28
50 52
L2-EVSE-23
PORT 45 29
54 56
L2-EVSE-23
PORT 46 30
58 60
L2-EVSE-24
PORT 47 31
62 64
L2-EVSE-24
PORT 48 32
16 #8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
"EV-SWBD-C" DISTRIBUTION PANEL
800A BUS, 800A MAIN, 208/120V, 3Ø, 4W
42 KAIC FULLY RATED, NEMA-3R
C
B
A
N
G
C10
800A
1 3
40A
5 7
9 11
13 15
17 19
21 23
L2-EVSE-25
PORT 49
2 4
6 8
10 12
14 16
18 20
22 24
40A
40A
40A
40A
40A
40A
40A
40A
40A
LOAD SUMMARY TABLE
A
KVA
B
KVA
C
KVA
WIRE
SIZE DESCRIPTION BREAKER
POSITION CIRCUIT
L2-EVSE-25
PORT 49
1 3
1 5
7 9
11 13
15 17
19 21
23 37
39 41
43 45
47 49
51 53
55 57
59 65.5 65.5 65.5 TOTAL KVA/BUS
TOTAL KVA196.5
NOTE: BUS HAS BEEN SIZED FOR HIGHEST AMPACITY
196.5 KVA @ 208V = 546 A
125% x 546 A = 682 A
2 3
4 5
6 7
8 9
10 11
12 #8
#8
#8
FROM
EV-XFMR-3
SECONDARY
(208/120V) #8
#8
#8
#8
#8
#8
#8
#8
40A
40A
25 27
26 28
40A
29 31
30 32
40A
25 27
#8
29 31
61 63
2 4
3.12 3.12
13 14
15 33
35 34
36 33
35 G
L2-EVSE-25
PORT 50
L2-EVSE-26
PORT 51
L2-EVSE-36
PORT 72
L2-EVSE-36
PORT 71
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
L2-EVSE-25
PORT 50
L2-EVSE-26
PORT 51
L2-EVSE-26
PORT 52
L2-EVSE-27
PORT 53
L2-EVSE-27
PORT 54
L2-EVSE-28
PORT 55
L2-EVSE-28
PORT 56
L2-EVSE-29
PORT 57
L2-EVSE-29
PORT 58
L2-EVSE-30
PORT 59
L2-EVSE-30
PORT 60
L2-EVSE-31
PORT 61
L2-EVSE-31
PORT 62
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 #8
L2-EVSE-35
PORT 70
L2-EVSE-35
PORT 69
L2-EVSE-34
PORT 68
L2-EVSE-34
PORT 67
L2-EVSE-33
PORT 66
L2-EVSE-33
PORT 65
L2-EVSE-26
PORT 52
L2-EVSE-27
PORT 53
L2-EVSE-27
PORT 54
L2-EVSE-28
PORT 55
L2-EVSE-28
PORT 56
L2-EVSE-29
PORT 57
L2-EVSE-37
PORT 73
37 39
38 40
L2-EVSE-29
PORT 58
L2-EVSE-37
PORT 74
41 43
42 44
L2-EVSE-30
PORT 59
L2-EVSE-38
PORT 75
45 47
46 48
L2-EVSE-30
PORT 60
L2-EVSE-38
PORT 76
49 51
50 52
L2-EVSE-31
PORT 61
L2-EVSE-39
PORT 77
53 55
54 56
L2-EVSE-39
PORT 78
57 59
58 60
L2-EVSE-32
PORT 63
L2-EVSE-40
PORT 79
61 63
62 64
L2-EVSE-32
PORT 64
L2-EVSE-40
PORT 80
L2-EVSE-31
PORT 62
A B C
L2-EVSE-32
PORT 63
17 3.12
3.12 6
8 L2-EVSE-32
PORT 64
18 10
12 L2-EVSE-33
PORT 65
19 14
16 L2-EVSE-34
PORT 67
20 18
20 L2-EVSE-34
PORT 68
21 22
24 L2-EVSE-35
PORT 69
22 26
28 L2-EVSE-35
PORT 70
23 30
32 L2-EVSE-36
PORT 71
24 34
36 L2-EVSE-36
PORT 72
25 38
40 L2-EVSE-37
PORT 73
26 42
44 L2-EVSE-37
PORT 74
27 46
48 L2-EVSE-38
PORT 75
28 50
52 L2-EVSE-38
PORT 76
29 54
56 L2-EVSE-39
PORT 78 30
58 60
L2-EVSE-40
PORT 79 31
62 64
L2-EVSE-40
PORT 80 32
16 #8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
#8
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
3.12 3.12
L2-EVSE-33
PORT 66
L2-EVSE-39
PORT 77
19 40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
40A
ELECTRICAL LOAD
SCHEDULE DETAILS
30% DESIGN
N
(2) 5/8" X 10'
GROUND RODS
(MIN. 6' SEPARATION)
N
(2) 5/8" X 10'
GROUND RODS
(MIN. 6' SEPARATION)
Item 1J - Page 29
-
'-
r cT, r cT,
+ + - - - -
,,-.l__ ,,-.l__
< <
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~
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{
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{
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cT, cT, -----<I ,""f, cT,
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cT, cT, -----<I ,""f, cT,
{ } { } ,,-.l__ ,,-.l__ ,,-.l__ ,,-.l__ - - - -----<I - - - {
cT, cT,
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SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
1. CONDUITS SHALL BE BURIED BELOW FROST LINE AND IN COMPLIANCE WITH LOCAL AND NATIONAL CODE REQUIREMENTS.
2. REFER TO E-2 SHEET FOR CONDUCTOR REQUIREMENTS WITHIN CONDUITS.
NOTES:
1. COAT ALL SURFACES WITH AN ANTI-OXIDANT COMPOUND BEFORE MATING.
NOTES:
SCALE:
EVSE CHARGER CONUIT ELEVATION 1
E4 NONE
ELECTRICAL DETAILS
30% DESIGN
EXISTING
TRANSFORMER
PROPOSED 800A
SWITCHBOARD
PROPOSED 112.5KVA STEP
DOWN TRANSFORMER
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DISTRIBUTION BOARD
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Item 1J - Page 30
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E5
SUBMITTALS
Project Title
Sheet Title
Sheet No.
877.706.6858 www.NV5.com
Date:
CY
LA
LA
4/22/24
AS SHOWN
PALM SPRINGS
INTERNATIONAL AIRPORT
3400 E TAHQUITZ GANYON
WAY,PALM SPRINGS,
CA 92262
Revision:
Project No.:
Checked By:
Designed By:
Drawn By:
Date:
Scale:
690.N5
4/22/2450% CONSTRUCTION DOCUMENTS
Copyright NV5, Inc
SCALE:
METERED SWITCHBOARD DETAILS (OR EQUIVALENT)4
E5 NONE
SCALE:
TERMINAL BLOCK DETAIL1
E5 NONE SCALE:
CHARGEPOINT CP60003
E5 NONE
1 EAEATON B-LINE B22SH120 HDG, 12GA, 10' LENGTHS
5 EAUV STABILIZED NYLON CABLE TIES (1/4" WIDTH)
1 2
3 1
BILL OF MATERIALS FOR DETAILS
ITEMREFERENCE
NUMBER QUANTITY
1 EAVYNCKIER VM554 ENCLOSURE
1 EAVYNCKIER BACKING PLATE VMBP55A
1 EATERMINAL BLOCK BUSSMANN 14004-6, 90A, #4-14 AWG CU, 600 VAC 2 EAB-LINE 1/4 X 1.25" 20 HHCS ZINC
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2 1. TERMINAL BLOCK AND TEMPORARY SUPPORT WILL BE REMOVED ONCE CHARGERS ARE INSTALLED.
2. SECURELY FASTEN PVC CONDUIT TO CONDUIT SUPPORT WITH 1/4" WIDE UV STABILIZED NYLON CABLE TIES. PROVIDE 1TIE EVERY 12".
3. PARTS INCLUDING IN THE BILL OF MATERIALS ARE FOR 1 TEMPORARY TERMINAL BLOCK ONLY. SEE ELECTRICAL CONDUIT PLAN FOR LOCATION AND COUNT.
NOTES:
ELECTRICAL DETAILS
30% DESIGN
28"14"
68"
SECTION C-C
90"
40.25"
BOLT
34" 34"
90"
84"
SIDE ELEVATIONFRONT ELEVATION
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SCALE:
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E5 NONE
SCALE:
CADWELD CONNECTION DETAIL2
E5 NONE
SECTION A-A
PLAN
SIDE VIEWFRONT VIEW
9 5/8"
56 9/6"
71 1/2"
11 1/8"
18 3/4"
13 15/16"
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FLA: 80A
DIMENSIONS:
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---(i ~ _________________ __J ___________________ _J_ ___ _J
CITY COUNCIL STAFF REPORT
06/11/2025
SUBJECT:
AWARD OF A CONSTRUCTION CONTRACT WITH SKANSKA USA BUILDING IN THE AMOUNT OF $71,774,497 AND THE ACCEPTANCE OF THE FEDERAL
AVIATION ADMINISTRATION (FAA) AND TRANSPORTATION SECURITY
ADMINISTRATION (TSA) GRANT AWARDS FOR THE FUNDING OF THE
PROJECT FOR AIRPORT BAGGAGE HANDLING SYSTEM IN-LINE SCREENING “THE PROJECT”, AIRPORT PROJECT PSP-04
RECOMMENDATION:
Award a construction contract to Skanska USA Building in the amount of $71,774,497 for Airport Baggage Handling System In-Line Screening, Airport Project PSP-04;
1. Authorize the City Manager or designee to approve and execute construction contract change orders up to a total amount of $7,177,449 with all change orders reported to the City Council;
2. Approve acceptance of Federal Aviation Administration Airport Terminal Program (ATP) Grant No. 3-06-0181-070-2025 for Baggage Handling Airport Project in the amount of approximately $6,000,000;
3. Approve acceptance of Federal Aviation Administration Airport Infrastructure Grant (AIG) Grant No. 3-06-0181-071-2025 for Baggage Handling Airport Project in the amount of approximately $21,552,776;
4. Approve acceptance of Federal Aviation Administration Airport Improvement Program (AIP) Grant No. 3-06-0181-072-2025 for Baggage Handling Airport Project in the amount of approximately $7,963,213;
5. Approve acceptance of Department of Homeland Security Transportation Security Administration Grant for Baggage Handling Airport Project in the amount of approximately $24,184,932.24; and
6. Authorize the City Manager or designee to execute all necessary documents.7.
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: JUNE 11, 2025 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT WITH SKANSKA USA BUILDING IN THE AMOUNT OF $ 71,774,497 AND THE ACCEPTANCE
OF THE FEDERAL AVIATION ADMINISTRATION (FAA) AND
TRANSPORTATION SECURITY ADMINISTRATION (TSA) GRANT
AWARDS FOR THE FUNDING OF THE PROJECT FOR AIRPORT
BAGGAGE HANDLING SYSTEM IN-LINE SCREENING “THE PROJECT”, AIRPORT PROJECT PSP-04
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
Upon award of this construction contract and acceptance of four grants, the Airport will be authorized to proceed with the construction phase of the Project.
RECOMMENDATION:
1. Award a construction contract to Skanska USA Building in the amount of $71,774,497 for Airport Baggage Handling System In- Line Screening, Airport Project PSP-04;
2. Authorize the City Manager or designee to approve and execute construction contract change orders up to a total amount of $7,177,449 with all change orders reported to the City Council;
3. Approve acceptance of Federal Aviation Administration Airport Terminal Program (ATP) Grant No. 3-06-0181-070-2025 for Baggage Handling Airport Project in the amount of approximately $6,000,000;
4. Approve acceptance of Federal Aviation Administration Airport Infrastructure Grant (AIG) Grant No. 3-06-0181-071-2025 for Baggage Handling Airport Project in the amount of approximately $21,552,776;
5. Approve acceptance of Federal Aviation Administration Airport Improvement Program (AIP) Grant No. 3 -06-0181-072-2025 for Baggage Handling Airport Project in the amount of approximately $7,963,213;
6. Approve acceptance of Department of Homeland Security Transportation Security Administration Grant for Baggage Handling Airport Project in the amount of approximately $24,184,932.24; and
7. Authorize the City Manager or designee to execute all necessary documents.
Item 1K - Page 1
City Council Staff Report
June 11, 2025 -- Page 2
Award Airport BHS In-Line Screening PSP-04
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure f orm from Skanska USA Building is included as Attachment A.
BACKGROUND:
Palm Springs International Airport (Airport) is experiencing record passenger volumes and sustained increases in checked baggage demand. To support this growth and improve the efficiency of outbound baggage processing, the Airport is moving forward with the installation of a new Baggage Handling System (BHS). The upgraded system has been modeled to accommodate projected passenger levels over the next 15 years in alignment with the Airport’s recently approved Master Plan and is designed to handle increased volumes and oversized luggage while complying with Transportation Security Administration (TSA) screening requirements.
The proposed BHS will enhance the Airport’s capacity to process checked baggage more efficiently, reducing reliance on manual handling during peak periods and supporting improved operational performance for all commercial carriers servicing Palm Springs.
The current system, originally completed in August 2021 as part of the Ticket Hall Expansion Project, has required supplemental manual processing during periods of peak activity. As part of the Airport’s Capital Improvement Program (CIP), the upgraded BHS will address these capacity constraints and better align the airport’s infrastructure with its evolving operational needs.
Figure 1 – Site Vicinity Map
Project
Item 1K - Page 2
City Council Staff Report
June 11, 2025 -- Page 3
Award Airport BHS In-Line Screening PSP-04
The Airport is requesting City Council’s authorization to accept FAA and TSA grants for the following project:
Baggage Handling System (BHS) – Construction Phase
Summary of Grants
BIL ATP Grant No. 3-06-0181-070-2025
The Bipartisan Infrastructure Law Airport Terminal Program (BIL ATP) was created as part of President Biden's Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act). The program was designed to address aging infrastructure at U.S. airports while simultaneously focusing on safety, sustainability, and accessibility improvements.
The purpose of this grant is to provide construction phase funding for the demolition and construction of new foundations for the BHS project.
BIL AIG Grant No. 3-06-0181-071-2025
The Bipartisan Infrastructure Law Airport Infrastructure Grant (BIL AIG) was created as part of President Biden's Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act). The program provides $14.5 billion in total funding over five years, starting in FY 2022. The program is part of a larger $25 billion investment in the National Airsp ace System, with approximately $20 billion specifically designated for airport infrastructure improvements administered by FAA's Office of Airports.
The sortation system of the new Airport BHS is designed for common use. We propose allocating grant funds to finance the implementation of this common use sortation system at the Airport. This advanced system will streamline baggage handling processes, enhance operational efficiency, and improve the passenger experience. The funds would provide for the installation, commissioning, and testing of the BHS components, as well as the construction of the canopies.
FAA – AIP Grant No. 3-06-0181-072-2025
The Federal Aviation Administration’s Airport Improvement Program (AIP) is a federal grant program that provides funding for public-use airports. The program originated from the Airport and Airway Improvement Act of 1982.
The new Airport BHS system is designed for common use. We propose allocating grant funds to cover the bulk of the utility costs associated with the new BHS. These costs Column1
FY25 ATP
3-06-0181-070-2025
FY25 AIG
3-06-0181-071-2025
FY25 AIP
3-06-0181-072-2025
FY25 OTA
TSA A irport Funds TOTAL
Federal Share Percentage 95.00% 90. 66% 90.66% 95.00%
Approximate Grant Amount $6,000,000.00 $21,552,776.00 $7,963,213.00 $24,184,932.24 $59,700,921.24 Local Match $315,789.00 $2,220,416.00 $820,388.00 $1,272,891.17 $15,669,594.59 $20,299,078.76 Item 1K - Page 3
City Council Staff Report
June 11, 2025 -- Page 4
Award Airport BHS In-Line Screening PSP-04
include the relocation of existing utilities and electrical service. The project also encompasses the installation of new transformers and switchgear to power the new equipment.
TSA – Other Transaction Agreement
This Project will be funded by an Other Transaction Agreement grant from the Transportation Security Administration (TSA) on a reimbursement basis for allocable costs. The TSA will pay 95% of allocable costs and the remaining 5% will be covered by the Airport.
STAFF ANALYSIS:
The Project was advertised for bidding in The Desert Sun, industry plan rooms, and the PlanetBids™ electronic bid system on April 24, 2025, and on May 28, 2025, two bids were received from the following contractors:
Company Location Bid Amount
Skanska USA Building San Francisco, CA $71,774,497
Swinerton Builders Los Angeles, CA $77,208,000
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose workforce resides within the Coachella Valley. Skanska USA Building is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.
Project Labor Agreement (PLA)
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.
Bid Analysis
The bid documents submitted were reviewed and it was determined that Skanska USA Building complied with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends the City Council award a construction contract to Skanska USA Building. A proposed agreement is included as Attachment B.
Item 1K - Page 4
City Council Staff Report
June 11, 2025 -- Page 5
Award Airport BHS In-Line Screening PSP-04
Airline Approval Requirement
Per the Airport Use and Lease Agreement dated July 1, 2023, Section 4.03 Review of Capital Expenditures, this project requires approval by Majority In Interest (MII) vote of the Signatory Airlines prior to final acceptance. The MII vote process ensures that airlines representing at least fifty-one percent (51%) of both enplaned passengers and signatory airlines in count have the opportunity to review capital expenditures exceeding $1,000,000 in C ity funds. The formal acceptance and filing of the Notice of C ompletion will proceed after the required MII vote from the airlines is completed.
The formal MII vote may take up to 45 days to secure. Given the current deadlines to accept the grants, action is needed now in order ensure that the grant funding is secured for this Project. In the unlikely event that the Signatory Airlines vote to disapprove the use of Airport revenues to match the Federal grants for this project, the Airport staff will return to City Council with recommendations on how to proceed.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. The proposed Project will continue to utilize existing utilities such as water, sewer, electricity and does not result in an increase of more than 10,000 square feet of building expansion. The Project area has been heavily disturbed by previous airport-related activities and consists of the existing baggage handling system area and three existing baggage carousels. All areas within the Project area have been paved over or built upon. Therefore, Staff has determined that the Airport Baggage Handling System In-Line Screening Project, Airport Project PSP -04, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council’s Broad Goal of Infrastructure and Facilities, as well as Economic Development.
FISCAL IMPACT:
The Project represents a total investment of approximately $80,000,000, with funding strategically sourced through multiple federal grant programs to minimize local financial impact.
Federal Grant Funding (Approximately $59,700,921)
The Airport has secured commitments for substantial federal support through four key funding streams:
Item 1K - Page 5
City Council Staff Report
June 11, 2025 -- Page 6
Award Airport BHS In-Line Screening PSP-04
• TSA-OTA Grant : Approximately $24,184,932 (95% federal share, $1,272,891 local match)
• BIL-AIG Grant: Approximately $21,552,776 (90.66% federal share, $2,220,416 local match)
• AIP Entitlement : Approximately $7,963,213 (90.66% federal share, $820,388 local match)
• BIL-ATP Grant : Approximately $6,000,000 (95% federal share, $315,789 local match)
Federal Funding Update
The City is projected to receive an additional $5.1 million from the BIL- AIG (Bipartisan Infrastructure Law – Airport Infrastructure Grant) program, represe nting the final year of this federal funding cycle.
Local Funding Commitment
The Airport's total local share amounts to approximately $4,629,484 across all federal grants, with the remaining project balance to be funded through airport capital reserves ($20,299,079). This approach leverages federal investment programs to deliver critical infrastructure improvements while maintaining fiscal responsibility.
Budget Allocation
Grant expenses (approximately $59,700,921) are allocated to account 4167070- 50126, with the Airport's capital contribution budgeted under Capital Improvement Project 4167065-80000. Project funding is structured across Fiscal Years 2025- 26 and 2026-27 to align with construction milestones and optimize cash flow management. The grants are based on a reimbursable basis.
The estimated construction and administrative costs to complete the Project are shown in Table 2 below.
Table 2
Table of Project Costs Amount
Project Design $2,205,169
Project Administration $250,000
Construction Administration / Inspection $6,185,390
Construction Contract $71,774,497
Contingency $7,177,449
Total $87,592,505
Item 1K - Page 6
City Council Staff Report
June 11, 2025 -- Page 7
Award Airport BHS In-Line Screening PSP-04
REVIEWED BY:
Executive Director of Aviation: Harry Barrett, Jr.
Deputy City Manager: Geremy Holm
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form
B. Construction Agreement
Item 1K - Page 7
Attachment A
Item 1K - Page 8
Item 1K - Page 9
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
PSP BAGGAGE HANDLING IN-LINE SYSTEM, CITY PROJECT NO. PSP-04, FEDERAL PROJECT NO. XXXX-5282(XXX)
1. Name of Entity
Skanska USA Building Inc.
2. Address of Entity (Principle Place of Business)
389 Interpace Parkway, 5th Floor, Parsippany, NJ 07054
3. Local or California Address (if different than #2)
1 California Street, Suite 1400, San Francisco, CA 94111
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership D Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Benjamin Scott Finney D Officer D Director Member Manager General Partner Limited Partner
Other Vice President, OJ:>erations Manager;
CSLB Holder
C. Clay Haden Officer Director Member D Manager
D General Partner Limited Partner
Other President and CEO
Leo Sinlcin Officer Director Member D Manager
D General Partner Limited Partner
Other Treasurer and CFO
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM