Y CITY OF RANCHO MIRAGE
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, APRIL 7, 2022
1 :00 P.M.i,ii
AGENDA
Pursuant to Assembly Bill No. 361 (Effective September 16, 2021 ), there will be the ability to teleconference into the meeting and the public may observe the meeting and offer public comment as follows:
At Meeting Location
City of Rancho Mirage
City Hall -Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
Access Remotely iii
Zoom Link :
https://us02web.zoom.us/j/83759457901 ?pwd=SytidzRlanZy UE02d0syYk5VUEVTdz09
Passcode :621934
Webinar ID : 837 5945 7901
Zoom Call-In Nos.: 1 (669) 900-9128 (Carrier charges may apply) 1 (877) 853-5257 (Toll Free)
SOCIAL DISTANCING REQUIRED FOR THE PUBLIC IF ATTENDING IN PERSON
CALL TO ORDER
a) Flag Salute
b) Roll Call: Downs, Kite, Smotrich, Townsend, Weill.
NON-AGENDA PUBLIC COMMENTS -An opportunity for the public to speak on issues that are not on the agenda for a maximum of three minutes per speaker.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
CITY MANAGER COMMENTS
MINUTES March 17, 2022 Regular Meeting.
04/07/2022 Regular City Council Meeting Agenda Page 1 of 3 Click Here For Late Submissions or Additions
CONSENT CALENDAR
1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Receive and File the Historic Preservation Commission Annual Report.
3. Contracts.
4. Demands.
PUBLIC HEARINGS
5. Development Agreement Amendment Case No. DA21-0005 Regarding the Development, Operation, and Maintenance of an 84-unit Assisted Living Facility (Original Development Agreement Case No. DA 180003) at a Vacant 4.15-acre Parcel Located on the Southeast Corner of Country Club Drive and John L. Sinn Road -Assessor's Parcel No. 682-010- 022. Applicant: Carefield Solana LLC.
A. Filing of a Categorical Exemption of Environmental Impact Pursuant to Section 15332 of CEQA for Infill Development.
B. Ordinance No . (Next-in-Order), 1st Reading, Approving the Amended and Restated Statutory Development Agreement by and between the City of Rancho Mirage and SH 9 Rancho Mirage, LLC.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1 ).
Case Name: Vacation Rental Owners and Neighbors of Rancho Mirage v. City of Rancho Mirage
Case No.: CVPS2200167
ADJOURNMENT
04/07/2022 Regular City Council Meeting Agenda Page 2 of 3
i People with disabilities are encouraged to attend . If you have special communication or access needs, please contact the City Clerk's office at (760) 324-4511 in advance of the meeting . ii Staff reports for all agenda items considered in open session , and any writings or documents provided to a majority of the legislative bodies following distribution of the agenda regarding any item on the agenda, will be made available for public inspection at City Hall, at the Rancho Mirage Library & Observatory, and on the City's website at www.RanchoMirageCa.gov .
iii For questions regarding attending a City Council meeting remotely, please contact the City Clerk at (760) 324- 4511, Ext. 488, or via email to [email protected] . Written comments may be submitted to the City Clerk via email to [email protected], or mailed/delivered to City of Rancho Mirage , 69-825 Highway 111, Rancho Mirage , CA 92270 , ATTN : City Clerk.
Declaration of Posting:
I, KrislieRarrcs , CilyCerk of the City of Rancho Mirage, do hereby declare that a copy of the foregoing Meeting Notice/Agenda was personally delivered to the legislative bodies, posted in the City Hall posting box, at the Rancho Mirage Library & Observatory, and on the City website at least 72 hours in advance of the, ~eetu\9 . 1 p .b O> hD /\ 8?::----d::tr O \ j ZCf2.,<L Signature Date '
04/07/2022 Regular City Council Meeting Agenda Page 3 of 3
~ CITY OF RANCHO MIRAGE
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, MARCH 17, 2022
1 :00 P.M.
DRAFT MINUTES
Pursuant to Assembly Bill No. 361 (Effective September 16, 2021 ), there will be the ability to teleconference into the meeting and the public may observe the meeting and offer public comment as follows:
At Meeting Location
City of Rancho Mirage
City Hall -Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
Access Remotely iii
Zoom Link:
https://us02web.zoom . us/j/8726363241 0?pwd =WW9paXkrN mdmRzJNaGIJVEVCY2Qzdz09
Passcode: 662859
Webinar ID: 872 6363 2410
Zoom Call-In Nos.: 1 (669) 900-9128 (Carrier charges may apply) 1 (888) 475-4499 (Toll Free)
SOCIAL DISTANCING REQUIRED FOR THE PUBLIC IF ATTENDING IN PERSON CALL TO ORDER -1 :00 P.M.
a) Flag Salute: Led by Steve Quintanilla, City Attorney. b) Roll Call: Downs, Kite, Smotrich, Townsend, Weill -All present (Council Member Downs via telecommunication)
PRESENTATIONS
Introduction of Station 50 Fire Captain Matthew Gotta.
Chief Kotz introduced Captain Gotta.
Captain Gotta described his experience and expressed his excitement to serve the City of Rancho Mirage .
Mayor Weill thanked Captain Gotta for his service and emphasized the superb quality of the Rancho Mirage Fire Department.
DRAFT 03/17/2022 City Council Meeting Minutes Page 1 of 5
NON-AGENDA PUBLIC COMMENTS
Patrick Lowry, Rancho Mirage resident, thanked staff members Gabe Codding and Pilar Lopez for their recent assistance and commended the Fire Department. He requested the City do more to express support for Black History Month, International Women's Day, and Ukraine. He also commented on crime rates .
Brad Anderson, Rancho Mirage resident, expressed concern with City Council Members serving as ex-officio members of City boards and commissions.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Mayor Weill noted Council Member Kite's involvement with the Bighorn Institute, including the construction of the fence that was created along the City's mountain range to prevent the bighorn sheep from wandering onto Highway 111 .
Council Member Kite provided an update regarding the local bighorn, noting their population increased since the construction of the containment fence. He also announced an upcoming fundraiser for the Bighorn Institute.
Mayor Weill provided an update regarding the Wolfson Park expansion, noting new features to be provided and the preliminary construction timeline .
CITY MANAGER COMMENTS -None.
MINUTES March 3, 2022 Regular Meeting.
Public Comments -None.
MOVED/SECONDED BY KITE/TOWNSEND TO APPROVE THE MARCH 3, 2022 REGULAR CITY COUNCIL MEETING MINUTES AS PRESENTED. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 5/0.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the following Consent Calendar items:
1. 2.
Adopt Joint Resolution No. · 2022-(Next-in-Order), Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and Authorizing Continued Remote Teleconference Meetings of the City Council and Affiliated Agencies and All Other City-Affiliated Brown Act Bodies, in Accordance with AB 361 During the Current State of Emergency Related to the COVID-19 Pandemic.
Receive and File Annual Board/Commission Reports.
DRAFT 03/17/2022 City Council Meeting Minutes Page 2 of 5
3. 4.
5 .
Special Assistance Funds (SAF) Awards.
Contracts.
Demands.
Public Comments:
Brad Anderson, Rancho Mirage resident, spoke in opposition to Consent Calendar Item No. 1, commenting that elected and appointed officials should be physically available to the public.
MOVED/SECONDED BY TOWNSEND/SMOTRICH TO APPROVE THE CONSENT CALENDAR AS PRESENTED. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 5/0.
PUBLIC HEARINGS
6. Resolution No. 2022-(Next-in-Order), Adjusting Electric Generation Rate Schedule for Rancho Mirage Energy Authority (RMEA).
Jessica Pulliam, Senior Management Analyst, presented the staff report.
Public Comments -None.
Mayor Weill thanked Ms. Pulliam for her diligent efforts in assisting the public with their energy bills.
MOVED/SECONDED BY SMOTRICH/TOWNSEND TO ADOPT RESOLUTION NO. 2022-11,
ADJUSTING ELECTRIC GENERATION RA TE SCHEDULE FOR RANCHO MIRAGE ENERGY AUTHORITY. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 5/0.
ACTION CALENDAR
7. Resolution No. 2022-(Next-in-Order), in Support of Net Energy Metering to Support Sustainable Continued Growth of Customer-Sited Solar Energy Installations.
Jessica Pulliam, Senior Management Analyst, presented the staff report.
Public Comments -None.
Mayor Weill emphasized the City's support for sustainable energy.
MOVED/SECONDED BY SMOTRICH/TOWNSEND TO ADOPT RESOLUTION NO. 2022-12,
IN SUPPORT OF NET ENERGY METERING TO SUPPORT SUSTAINABLE CONTINUED GROWTH OF CUSTOMER-SITED SOLAR ENERGY INSTALLATIONS. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 5/0.
DRAFT 03/17/2022 City Council Meeting Minutes Page 3 of 5
8. Ritz-Carlton Rancho Mirage Spa Suites Lease Extension and Operating Covenant Amendment.
Kofi Antobam, Director of Administrative Services, presented the staff report.
Public Comments -None.
Council Member Kite spoke of the historical significance of the program for the Ritz-Carlton and expressed support for the item.
Mayor Weill highlighted the partnership the City shared with the Ritz-Carlton.
MOVED/SECONDED BY TOWNSEND/SMOTRICH TO:
A. APPROVE THE SIXTH AMENDMENT TO THE FIRST AMENDED AND FULLY
RESTATED OPERATING COVENANT BETWEEN THE CITY OF RANCHO
MIRAGE AND NEWAGE RANCHO MIRAGE, LLC; AND
B. APPROVE FOUR RESIDENTIAL LEASE EXTENSION AGREEMENTS BETWEEN
THE CITY OF RANCHO MIRAGE AND NEWAGE RANCHO MIRAGE, LLC, FOR LEASE EXTENSION OF SPA SUITES HAVING UNIT NUMBERS 4226, 4227, 4229, AND 4230, FOR AN ADDITIONAL FIVE YEARS.
A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 5/0.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1).
Case Name: Vacation Rental Owners and Neighbors of Rancho Mirage v. City of Rancho Mirage
Case No.: CVPS2200167
Steven Quintanilla, City Attorney, reported that the City Council would recess into closed session to discuss Vacation Rental Owners and Neighbors of Rancho Mirage; RM Vacation Rentals LLC, et al. v. City of Rancho Mirage.
Public Comments:
Brad Anderson, Rancho Mirage resident, requested the City conclude the vacation rentals case or provide residents with an update on the matter.
The City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency recessed into Closed Session at 1 :42 P.M.
Isaiah Hagerman, City Manager, reconvened the meeting at 2:11 P.M. and announced that no reportable action was taken during Closed Session.
DRAFT 03/17/2022 City Council Meeting Minutes Page 4 of 5
ADJOURNMENT
With no further business to consider, the meeting of the City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency was adjourned at 2:11 P.M.
Prepared by: Kristie Ramos, City Clerk
Date Approved by City Council:
DRAFT 03/17/2022 City Council Meeting Minutes Page 5 of 5
2-1
TO:
FROM:
STAFF REPORT
Mayor and City Council
Craig Traupane, Chairman Historic Preservation
Jeremy Gleim, AICP, Director of Development Services
SUBJECT: Annual Historic Preservation Commission Report
SPECIFIC REQUEST OR RECOMMENDATION
DATE: April 7, 2022
That the City Council receive and file the 2021 Historic Preservation Commission Annual Report.
JUSTIFICATION OR INFORMATION
In April 2003, the Municipal Code was amended requiring City Commissions and Boards to provide a brief annual report to the City Council. The following is a summary report of Historic Preservation Commission activities and accomplishments for the calendar year 2021.
In 2019, the City Council replaced the provisions of Chapter 2.34 Historic Preservation Commission in a subsequently adopted Resolution regarding the process for nominating and appointing Historic Preservation Commissioners, changing the number of commissioners, and restating the functions and duties of the Historic Preservation Commission.
In 2021 the Commission toured two (2) properties: 37-190 Marber Drive and 70-843 Tamarisk Lane. Both properties were not listed in the City's Historic Resources Survey. The Commission requested additional information and revisions to the two (2) properties before they can be reconsidered under the criteria of the historic preservation program . In addition, the Commission reviewed minor alterations to four (4) properties designated as Historic Resources.
The Historic Preservation Commission made no recommendations to the City Council regarding designation for placement on the City of Rancho Mirage Register of Historic Resources as structures important to the cultural, archaeological, social, economic, architectural, and/or political history of Rancho Mirage for the purposes of encouraging the preservation, improvement and/or promotion of such structures . Only the home located at 71-360 Cypress Drive, which received a recommendation in late 2020 was presented and designated as a Historic Resource by the City Council in 2021.
As of this date, the City Council has designated 70 structures as Historic Resources. In addition, there are two designated Historic Districts in the City -Tamarisk Ranchos I and Cody Court.
The Historic Preservation Commission has reviewed and endorsed the report and recommends to the City Council that they received and file the report.
AGENDA ITEM#
3-1
CITY Of-~ MIRAG~
~ ~
STAFF REPORT
TO: Mayor and City Council DATE: April 7, 2022
FROM: Gloria Griego, Sr. Management Analyst
SUBJECT: Approval of FY 21-22 Contracts
SPECIFIC REQUEST OR RECOMMENDATION:
That the City Council approve the terms of the contracts, as set forth in Exhibit A, and authorize the City Manager to execute the subject contracts.
INFORMATION:
BACKGROUND:
Attached hereto is a list of contracts staff is requesting the City Council approve.
These are contracts for Fiscal Year 21-22 for purchases and services for which costs and terms were negotiated (Exhibit A).
ATTACHMENT:
Exhibit A-April 7, 2022, List of Contracts
AGENDA ITEM#
3-2EXHIBIT A List of Contracts # Name Terms Scope Effective Date Expiration Date Compensation Sole Department Staff Source Yes/No 1 EsGil LLC 3 Months Additional plan 04/01/2022 06/30/2022 $40,000.00 No Development Michael Stitt check services. Services 2 Vigilant Solutions Purchase Purchase of three 04/07/2022 04/07/2022 $36,619.55 Yes Administration Jacob De La intersection camera Services Cruz systems.
3-3
CONTRACT SUMMARY
FROM:
DATE:
Michael Stitt, Building Official
Apri I 7, 2022
SUBJECT: EsGil, LLC Additional Services.
Background:
The Building and Safety department enlists the services of a contract provider for much of its plan review. The work is performed by licensed engineers and is performed at a cost for services that cannot be achieved with the same level of experience in house.
Fiscal Impact:
Mid -Year budget adjustment.
$40,000 .00 for FY 21-22
Original $150,000.00 FY 21-22
It should be noted that fees are collected from the client at the time of submittal with the invoice for services typically received 30 days later.
3-4
CONTRACT SUMMARY
FROM:
DATE:
Jacob De La Cruz, Financial Analyst
April 7, 2022
SUBJECT: Vigilant Solutions -Expanded Automated License Plate Readers Background:
For several years, the Sheriff's Department has utilized an ALPR system in Riverside County to assist in crime prevention. ALPR systems consist of cameras that automatically take photographs of vehicle license plates, which are then translated into letters and numbers. The resulting data is compared to law enforcement databases, and if a license plate number is found to be wanted, the system alerts the deputy in the field so they can investigate further.
To date, the City of Rancho Mirage has invested in 42 cameras from Vigilant Solutions, 16 of these cameras are mounted onto four sheriff patrol vehicles, and the remaining 26 are mounted onto fixed intersections. The City has strategically placed its fixed cameras in intersections that act as major ingress routes into the City of Rancho Mirage.
The City of Rancho Mirage may purchase additional cameras for the intersections of Dinah Shore and Bob Hope, Frank Sinatra and Da Vall, and Country Club and Highway 111. The Sheriff's Department recommended these intersections for expansion.
Fiscal Impact:
The City of Rancho Mirage will be receiving grant funds from the Agua Caliente Band of Cahuilla Indians totaling $30,000 . The grant funds provided to the City of Rancho Mirage are specifica lly for the acquisition of three intersection camera systems from Vigilant Solutions. The associated cost to purchase the three intersection camera systems from Vigilant Solutions totals $36,619.55, which will result in a cost of $6,619 .55 to the City of Rancho Mirage when accounting for the grant funds provided by the Tribe. The associated $6 ,619.55 can be charged to the City's police budget 10141000, which has sufficient funds available for the expenditure.
4-1
CTYOF MIRAGE:
©
We hereby accept as filed checks issued thru 3/31/2022:
City Funds $ 2,880,490.88
ordered paid as stated below.
Date: April 7, 2022
Mayor
DEMANDS\GEN
ADMINl'iTRATI0N DOJE:L0PME:NT 'i(RVIC('i Flr/AN CE: HO UmG PU0LIC LI0RARY PU0LIC WORK'i Tel. 1.760.324.4511 Tel. 1 . 760 .328.2266 Tel. 1.760.770.3207 Tel. 1 .760 .770.321 o Tel. 1.760.341.7323 Te l. 1.760. 770 .3224 Fax . 1.760.324 .8830 Fax . 1.760 .324.985 1 Fax . I 76D.324.0528 Fax. 1.760.324 1617 Fax. 1.760.341.5213 Fa x. 1.760.770.3261 69 -825 l+IGl+WAY 111 / RANCHO MIRI\GE:. CA 92270
www.RanchoMiragcCA.gov
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4-2,.I. 03/17/2022 11:28 anac OTV~~l'l<AG~ t'.s ~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 4240 03/18/2022 EFT Invoice: 45635 4241 03/18/2022 EFT Invoice: 45638 4242 03/18/2022 EFT Invoice: 45634 4243 03/18/2022 EFT Invoice: 45626 4244 03/18/2022 EFT Invoice: 494787 4245 03/18/2022 EFT Invoice: 45642 4246 03/18/2022 EFT Invoice: Tl49139 188 JONI D ALMY 45635 2,125.56 10151000 7200 2110 ANNIE SANFILLIPPO 45638 106 DAVID BARRETT 104 HECTOR BARRON 333 BECK OIL INC 74 RANDAL BYNDER 1,233.76 10151000 7200 45634 1,607.54 10151000 7200 45626 744.17 10151000 7200 494787 448.70 10132000 7623 309.21 10133000 7623 154.60 21800000 7623 105.20 10131000 7623 385.35 10132000 7623 256.90 10141000 7623 81.95 10123000 7623 45642 1,607.54 10151000 7200 1523 CDW GOVERNMENT INC Tl49139 1,417.87 10156000 8028 INV DATE INVOICE DTL DESC PO ~\\\\1 CHECK RUN 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4240 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4241 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4242 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4243 TOTAL: 03/08/2022 03182022 FUEL PE 3/8/22 VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL CHECK 4244 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4245 TOTAL: 03/08/2022 03182022 DESKTOP COMPUTER ENHANCEMENT Ip 1 apcshdsb NET 2,125.56 2,125.56 1,233.76 1,233.76 1,607.54 1,607.54 744.17 744.17 1,741.91 1,741.91 1,607.54 1,607.54 1,417.87
4-3.~ 03/17/2022 11:28 anac OTYQf-~~~ ~ ~ ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 4247 03/18/2022 EFT Invoice: 70771 4248 03/18/2022 EFT Invoice: 82120719 Invoice: 30593534 4249 03/18/2022 EFT Invoice: 2021-22.8 4250 03/18/2022 EFT Invoice: 45629 4251 03/18/2022 EFT Invoice: 29208732 4252 03/18/2022 EFT Invoice: 45621 4253 03/18/2022 EFT Invoice: 45627 424 CONSERVE LANDCARE INC 70771 290.00 21892000 7612 274 CORELOGIC INFORMATION SOLUTIONS I 82120719 500.00 10156000 7818 CORELOGIC INFORMATION SOLUTIONS I 30593534 272.50 10156000 7818 149 ECONOMICS INC 4,090.00 251 2021-22.8 7563 1332 WILLIAM ARNOLD ENOS 45629 2,125.56 10151000 7200 96 ENTERPRISE RENT A CAR 29208732 1,202.88 10141000 7400 1548 WILLIAM HARRISON 45621 744.17 10151000 7200 26 BRUCE B HARRY 45627 1,576.22 10151000 7200 INV DATE INVOICE DTL DESC CHECK PO ~~\\\ CHECK RUN 4246 TOTAL: 03/10/2022 20220136 03182022 RELOCATE SPRINKLER -RMC PARK 3/8/22 MAINTENANCE CHECK 02/28/2022 ONLINE METRO SCAN 2/22 DUES & SUBSCRIPTIONS 4247 TOTAL: 03182022 Ip 2 apcshdsb NET 1,417.87 290.00 290.00 500.00 02/28/2022 03182022 272.50 REAL QUEST PROPERTY SVCS/DOC IMAGE PE 2/28/22 DUES & SUBSCRIPTIONS CHECK 4248 TOTAL: 03/03/2022 20220050 03182022 RECYCLING SERVICES PE 2/24/22 SOLID WASTE & RECYCLING CHECK 4249 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4250 TOTAL: 02/28/2022 03182022 SHERIFF VEHICLE RENTAL PE 1/31/22 PROFESSIONAL/TECHNICAL CHECK 4251 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4252 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANC.E-MEDICAL 772.50 4,090.00 4,090.00 2,125.56 2,125.56 1,202.88 1,202.88 744.17 744.17 1,576.22
4-4~-, 03/17/2022 11:28 anac OTYOf~~~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL ~\,\\\ Ip 3 apcshdsb CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN NET 4254 03/18/2022 EFT Invoice: 3012022 Invoice: 3012022SJ Invoice: 3012022SR Invoice: 3012022WW 4255 03/18/2022 EFT Invoice: 45565 4256 03/18/2022 EFT Invoice: 45620 4257 03/18/2022 EFT Invoice: INV0552752 Invoice: INV0552751 Invoice: INV0552750 Invoice: INV0541570 519 HYDER AND COMPANY 3012022 11,705.10 28100000 7400 HYDER AND COMPANY 3012022SJ 11,742.74 28600000 7400 HYDER AND COMPANY 3012022SR 6,418.54 28400000 7400 HYDER AND COMPANY 3012022WW 4,573.67 28300000 7400 CHECK 4253 TOTAL: 1,576.22 03/01/2022 20220022 03182022 11,705.10 PROPERTY MANAGEMENT SVCS -PARKVIEW VILLAS 3/22 PROFESSIONAL/TECHNICAL 03/01/2022 20220025 03182022 11,742.74 PROPERTY MANAGEMENT SVCS -SAN JACINTO VILLAS 3/22 PROFESSIONAL/TECHNICAL 03/01/2022 20220024 03182022 6,418.54 PROPERTY MANAGEMENT SVCS -SANTA ROSA VILLAS 3/22 PROFESSIONAL/TECHNICAL 03/01/2022 20220023 03182022 4,573.67 PROPERTY MANAGEMENT SVCS -WHISPERING WATERS 3/22 PROFESSIONAL/TECHNICAL CHECK 4254 TOTAL: 34,440.05 34 ICMA RETIREMENT TRUST-457 19,493.23 101 45565 2235 03/16/2022 ICMA 457 PE 031822 DEFERRED COMP -ICMA 03182022 19,493.23 214 JACK MURCHALL 45620 1,607.54 10151000 7200 CHECK 4255 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4256 TOTAL: 2319 KELLERMEYER BERGENSONS SERVICES L INV0552752 03/11/2022 20220086 03182022 JANITORIAL SERVICES -LIBRARY 3/22 6,031.50 24281000 7612 MAINTENANCE KELLERMEYER BERGENSONS SERVICES L INV0552751 03/11/2022 20220086 03182022 JANITORIAL SERVICES -CITY YARD 3/22 806.00 10133310 7612 MAINTENANCE KELLERMEYER BERGENSONS SERVICES L INV0552750 03/11/2022 20220086 03182022 JANITORIAL SERVICES -CITY HALL 3/22 4,357.50 10133300 7612 MAINTENANCE 19,493.23 1,607.54 1,607.54 6,031.50 806.00 4,357.50 KELLERMEYER BERGENSONS SERVICES L INV0541570 02/23/2022 20220086 03182022 112.00 EXTRA JANITORIAL WRK -AMPHITHEATER EVENT 1/18/22 112.00 10172000 7494 AMPHITHEATER PROGRAMMING
4-503/17/2022 11:28 anac QTY Of~ l'l<AG~ ~ ~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE Invoice: INV0541571 Invoice: INV0541572 Invoice: INV0541573 4258 03/18/2022 EFT Invoice: 45623 4259 03/18/2022 EFT Invoice: 45639 4260 03/18/2022 EFT Invoice: 0022-08 4261 03/18/2022 EFT Invoice: 45637 4262 03/18/2022 EFT Invoice: 516631892 KELLERMEYER BERGENSONS SERVICES L INV0541571 112.00 10172000 7494 KELLERMEYER BERGENSONS SERVICES L INV0541572 112.00 10172000 7494 KELLERMEYER BERGENSONS SERVICES L INV0541573 1525 BRIAN KNAPP 238 BERNARD B. KOPP 2787 WKDESIGNS 127 DAVID MARTIN 112.00 10172000 7494 45623 1,607.54 10151000 7200 45639 600.58 10151000 7200 0022-08 6,895.00 24281000 7400 45637 2,125.56 10151000 7200 1317 MISSION LINEN SUPPLY 516631892 35.00 21500690 8002 INV DATE INVOICE DTL DESC PO ~\\\\\ CHECK RUN 02/23/2022 20220086 03182022 Ip 4 apcshdsb NET 112.00 EXTRA JANITORIAL WRK -AMPHITHEATER EVENT 1/19/22 AMPHITHEATER PROGRAMMING 02/23/2022 20220086 03182022 112.00 EXTRA JANITORIAL WRK -AMPHITHEATER EVENT 1/12/22 AMPHITHEATER PROGRAMMING 02/23/2022 20220086 03182022 112.00 EXTRA JANITORIAL WRK -AMPHITHEATER EVENT 1/20/22 AMPHITHEATER PROGRAMMING CHECK 4257 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4258 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4259 TOTAL: 03/02/2022 20220203 03182022 DEPOSIT -CP21-368: LIGHTING PROJ LIBRARY PROFESSIONAL/TECHNICAL CHECK 4260 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4261 TOTAL: 03/10/2022 20220012 03182022 MAT RENTAL -FS #69 3/10/22 EQUIPMENT RENTAL CHECK 4262 TOTAL: 11,643.00 1,607.54 1,607.54 600.58 600.58 6,895.00 6,895.00 2,125.56 2,125.56 35.00 35.00
4-6OTVCf~rrl<AG~ ~,\\\\1 03/17/2022 11:28 anac ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME 4263 03/18/2022 EFT Invoice: 45571 4264 03/18/2022 EFT Invoice: 45630 4265 03/18/2022 EFT Invoice: 2030211362 Invoice: 2030211557 4266 03/18/2022 EFT Invoice: 45633 4267 03/18/2022 EFT Invoice: 45636 4268 03/18/2022 EFT Invoice: AS03220833 4269 03/18/2022 EFT Invoice: 45640 468 NATIONWIDE 133 SYLVIA NINO 116 PARKHOUSE TIRE PARKHOUSE TIRE 1808 PATRICK PRATT 1810 RON HALL 289 SATCOM GLOBAL FZE 2423 MICHAEL SCHLANGE 1,161.99 101 INVOICE 45571 2241 45630 1,162.70 10151000 7200 INV DATE INVOICE DTL DESC PO CHECK RUN 03/16/2022 03182022 PT DEFERRED COMP PE 031122 NATIONAL -PART TIME CHECK 4263 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4264 TOTAL: 2030211362 03/07/2022 03182022 RPR FLAT TIRE -TS04 TRAFFIC SIGNALS 29.44 10132000 7624 VEHICLE MAINTENANCE 2030211557 03/11/2022 03182022 RPR TIRE -TS02 BUCKET TRUCK 51.44 10132000 7624 VEHICLE MAINTENANCE 45633 1,607.54 10151000 7200 45636 600.58 10151000 7200 CHECK 4265 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4266 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4267 TOTAL: AS03220833 03/01/2022 03182022 SATELLITE PHONE SVC PE 2/28/22 85.50 10142000 7824 COMMUNICATION MAIN/SERV 45640 1,576.22 10151000 7200 CHECK 4268 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL Ip 5 apcshdsb NET 1,161.99 1,161.99 1,162.70 1,162.70 29.44 51.44 80.88 1,607.54 1,607.54 600.58 600.58 85.50 85.50 1,576.22
4-703/17/2022 11:28 anac OTV OF~ lll<AC~ ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL ~\\\\\ CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN 4270 03/18/2022 EFT Invoice: 45624 4271 03/18/2022 EFT Invoice: 51182 Invoice: 51183 4272 03/18/2022 EFT Invoice: 45625 4273 03/18/2022 EFT Invoice: 45628 4274 03/18/2022 EFT Invoice: 45622 4275 03/18/2022 EFT Invoice: 9898544340 Invoice: 9900797646 1673 CYNTHIA L. SCOTT 45624 644.68 10151000 7200 CHECK 4269 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4270 TOTAL: 640 STEVEN B QUINTANILLA, 51182 03/14/2022 03182022 14,400.05 10114000 7400 LEGAL SERVICES PE 2/28/22 PROFESSIONAL/TECHNICAL STEVEN B QUINTANILLA, 51183 03/14/2022 03182022 2018 TOMAS PEREZ 389 GREG S. TROUSDELL 41,566.81 10114000 7400 45625 1,126.11 10151000 7200 45628 744.17 10151000 7200 LEGAL SERVICES PE 2/28/22 PROFESSIONAL/TECHNICAL CHECK 4271 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4272 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4273 TOTAL: 242 VALLERIE D. WALTHOUR 45622 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 1,110.45 10151000 7200 GROUP INSURANCE-MEDICAL CHECK 4274 TOTAL: 489 VERIZON WIRELESS 9898544340 02/01/2022 03182022 SERVICE PE 2/1/22 (ACCT# 572244822-00001) 4,596.86 10151000 7824 COMMUNICATION MAIN/SERV VERIZON WIRELESS 9900797646 03/01/2022 03182022 SERVICE PE 3/1/22 (ACCT #50602360) 4,891.99 10151000 7824 COMMUNICATION MAIN/SERV Ip 6 apcshdsb NET 1,576.22 644.68 644.68 14,400.05 41,566.81 55,966.86 1,126.11 1,126.11 744.17 744.17 1,110.45 1,110.45 4,596.86 4,891.99
4-8·~ 03/17/2022 11:28 anac OTY ~ ~ l'l<AG~ ~ ~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHIC DATE TYPE VENDOR NAME 4276 03/18/2022 EFT Invoice: 45631 1674 RANDALL J. VIEGAS INVOICE 45631 728.51 10151000 7200 4277 03/18/2022 EFT Invoice: 80737419 1542 WAXIE SANITARY SUPPLY 80737419 4278 03/18/2022 EFT Invoice: 45632 227123 03/18/2022 PRTD Invoice: 220245-01 227124 03/18/2022 PRTD Invoice: 45566 227125 03/18/2022 PRTD Invoice: 443547479394 Invoice: 964483359494 Invoice: 867586566866 Invoice: 93553359944 313 TROY WILSON 1824 ACE PRINTING 56 ALTURA CREDIT UNION 1592 AMAZON.COM AMAZON.COM AMAZON.COM AMAZON.COM 359.86 24281000 8004 45632 600.58 10151000 7200 43.37 244 176.00 101 220245-01 7839 45566 2245 443547479394 102.99 24281000 7912 964483359494 18.09 24281000 7912 867586566866 12.92 24281000 7912 93553359944 INV DATE INVOICE DTL DESC PO ~\\\\~ CHECK RUN CHECK 4275 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4276 TOTAL: 03/11/2022 03182022 JANITORIAL SUPPLIES REPAIR & MAINT SUPPLIES CHECK 4277 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 4278 TOTAL: 03/07/2022 03182022 RMWF MOUNTED POSTER REPRODUCTION & PRINTING CHECK 227123 TOTAL: 03/16/2022 CREDIT UNION PE 031122 EMPLOYEE CREDIT UNION 03182022 CHECK 227124 TOTAL: 01/06/2022 03182022 DAR BOOKS FOUNDATION -COLLECTION 01/06/2022 03182022 DAR BOOKS FOUNDATION -COLLECTION 01/10/2022 03182022 DAR BOOKS FOUNDATION -COLLECTION 01/10/2022 03182022 BOOKS Ip 7 apcshdsb NET 9,488.85 728.51 728.51 359.86 359.86 600.58 600.58 43.37 43.37 176.00 176.00 102.99 18.09 12.92 17.24
4-9OTY Of~ i'IRAG~ ~ ~\~\1 03/17/2022 11:28 anac !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME AMAZON.COM Invoice: 485675389483 AMAZON.COM Invoice: 669944669773 AMAZON.COM Invoice: 447583966445 AMAZON.COM Invoice: 467979458879 AMAZON.COM Invoice: 569558794677 AMAZON.COM Invoice: 483535468458 AMAZON.COM Invoice: 463337593994 AMAZON.COM Invoice: 864534888343 AMAZON.COM Invoice: 585799448689 AMAZON.COM Invoice: 593834933563 AMAZON.COM Invoice: 567394585944 AMAZON.COM Invoice: 434433637564 AMAZON.COM Invoice: 636446543646 INVOICE INV DATE INVOICE DTL DESC PO 17.24 24281000 7912 FOUNDATION -COLLECTION 485675389483 01/11/2022 FAMILY NIGHT SUPPLIES 36.59 24281000 8000 SUPPLIES 669944669773 01/11/2022 CRAFT PAPER 25.83 24281000 8000 SUPPLIES 447583966445 01/13/2022 FAMILY NIGHT SUPPLIES 23.69 24281000 8000 SUPPLIES CHECK RUN 03182022 03182022 03182022 467979458879 01/13/2022 03182022 A/V CABLES 84.05 24281000 8012 SMALL TOOLS, FURN & EQUIP 569558794677 01/13/2022 03182022 BOOKS 40.50 24281000 7912 FOUNDATION -COLLECTION 483535468458 01/15/2022 03182022 CDS 12.91 24281000 7912 FOUNDATION -COLLECTION 463337593994 01/16/2022 03182022 CDS 195.29 24281000 7912 FOUNDATION -COLLECTION 864534888343 01/16/2022 03182022 CDS 198.75 24281000 7912 FOUNDATION -COLLECTION 585799448689 01/17/2022 03182022 A/V CABLE 79.12 24281000 8012 SMALL TOOLS, FURN & EQUIP 593834933563 01/17/2022 03182022 BOOKS 81.34 24281000 7912 FOUNDATION -COLLECTION 567394585944 01/19/2022 03182022 CARD STOCK 18.31 24281000 8000 SUPPLIES 434433637564 01/26/2022 03182022 BOOKS 21.43 24281000 7912 FOUNDATION -COLLECTION 636446543646 BOOKS 01/26/2022 03182022 Ip 8 apcshdsb NET 36.59 25.83 23.69 84.05 40.50 12.91 195.29 198.75 79.12 81. 34 18.31 21.43 191.88
4-10-~1 ~ ~ 03/17/2022 11:28 anac ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 191.88 24281000 7912 AMAZON.COM 864946799855 Invoice: 864946799855 95.28 24281000 7912 AMAZON.COM 856973474964 Invoice: 856973474964 20.46 24281000 8000 AMAZON.COM 976769647869 Invoice: 976769647869 17.97 24281000 7912 AMAZON.COM 589667865854 Invoice: 589667865854 289.00 24281000 7910 AMAZON.COM 845539845577 Invoice: 845539845577 439.40 24281000 7910 AMAZON.COM 63899539445 Invoice: 63899539445 34.46 24281000 8000 AMAZON.COM 698368534957 Invoice: 698368534957 80.54 24281000 8000 AMAZON.COM 797963379396 Invoice: 797963379396 19.91 24281000 7912 AMAZON.COM 469654676373 Invoice: 469654676373 9.99 24281000 7818 AMAZON.COM 747487478446 Invoice: 747487478446 11.32 24281000 7910 AMAZON.COM 575844579549 Invoice: 575844579549 181.71 24281000 7912 AMAZON.COM 835689437356 Invoice: 835689437356 19.66 24281000 7912 AMAZON.COM 844497773939 Invoice: 844497773939 INV DATE INVOICE DTL DESC PO FOUNDATION -COLLECTION 01/27/2022 BOOKS FOUNDATION -COLLECTION 01/27/2022 PAPER BAGS SUPPLIES 01/28/2022 BOOKS FOUNDATION -COLLECTION 01/31/2022 CRAFT SUPPLIES FOUNDATION -PROGRAMS 01/31/2022 CRAFT SUPPLIES FOUNDATION -PROGRAMS 02/03/2022 FAMILY NIGHT SUPPLIES SUPPLIES 02/03/2022 FAMILY NIGHT SUPPLIES SUPPLIES 02/03/2022 BOOKS FOUNDATION -COLLECTION 02/06/2022 AMAZON MUSIC UNLIMITED DUES & SUBSCRIPTIONS 02/06/2022 ZIPLOC BAGS FOUNDATION -PROGRAMS 02/07/2022 BOOKS FOUNDATION -COLLECTION 02/08/2022 BOOKS FOUNDATION -COLLECTION 02/08/2022 FAMILY NIGHT SUPPLIES ~\\\\l Ip 9 apcshdsb CHECK RUN NET 03182022 95.28 03182022 20.46 03182022 17.97 03182022 289.00 03182022 439.40 03182022 34.46 03182022 80.54 03182022 19.91 03182022 9.99 03182022 11. 32 03182022 181. 71 03182022 19.66 03182022 14.86
4-11OTY Of-~ rrlRAG~ ~ ~ ~\\\\\ 03/17/2022 11:28 anac !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME AMAZON.COM Invoice: 879993576698 227126 03/18/2022 PRTD 1297 AUTOZONE, INC Invoice: 6227600442 INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN 14.86 24281000 7910 FOUNDATION -PROGRAMS 879993576698 02/09/2022 03182022 FAMILY NIGHT SUPPLIES 13.38 24281000 7910 FOUNDATION -PROGRAMS CHECK 227125 TOTAL: 6227600442 03/11/2022 03182022 FLOOR MATS/SEAT COVERS -FM14 82.83 21800000 7624 VEHICLE MAINTENANCE CHECK 227126 TOTAL: IP 10 apcshdsb NET 13. 38 2,408.87 82.83 82.83 227127 03/18/2022 PRTD Invoice: 2032 1501 B & R CONSTRUCTION INC 2032 7510 03/06/2022 20220169 03182022 3,900.00 3,900.00 251 227128 03/18/2022 PRTD 1691 BAKER & TAYLOR ENTERTAINMENT H60464370 Invoice: H60464370 62.15 24281000 7912 BAKER & TAYLOR ENTERTAINMENT H60377790 Invoice: H60377790 18.33 24281000 7912 BAKER & TAYLOR ENTERTAINMENT H60377800 Invoice: H60377800 18.33 24281000 7912 BAKER & TAYLOR ENTERTAINMENT H60409900 Invoice: H60409900 23.89 24281000 7912 BAKER & TAYLOR ENTERTAINMENT H60428990 Invoice: H60428990 71.72 24281000 7912 BAKER & TAYLOR ENTERTAINMENT H60442450 Invoice: H60442450 74.91 24281000 7912 BAKER & TAYLOR ENTERTAINMENT T24111230 Invoice: T24111230 23.91 24281000 7912 BAKER & TAYLOR ENTERTAINMENT H60519060 CONCRETE PADS -BIGBELLY RECEPTACLE PROJECT 3/6/22 SPECIAL PROJECTS CHECK 227127 TOTAL: 3,900.00 02/28/2022 03182022 62.15 DVDS FOUNDATION -COLLECTION 02/22/2022 03182022 18.33 DVDS FOUNDATION -COLLECTION 02 /22 /2 022 03182022 18.33 DVDS FOUNDATION -COLLECTION 02/25/2022 03182022 23.89 DVDS FOUNDATION -COLLECTION 02/25/2022 03182022 71. 72 DVDS FOUNDATION -COLLECTION 02/28/2022 03182022 74.91 DVDS FOUNDATION -COLLECTION 03/02/2022 03182022 23.91 DVDS FOUNDATION -COLLECTION 03/03/2022 03182022 23.91
4-12~I ~ ~ 03/17/2022 11:28 anac !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE Invoice: H60519060 23.91 24281000 7912 INV DATE INVOICE DTL DESC DVDS PO ~\\\\, CHECK RUN FOUNDATION -COLLECTION CHECK 227128 TOTAL: 227129 03/18/2022 PRTD 2733 BIBLIOTHECA, LLC Invoice: INV-US52211 INV-US52211 03/04/2022 03182022 227130 03/18/2022 PRTD Invoice: 42422 227131 03/18/2022 PRTD Invoice: 956079 Invoice: 999822 Invoice: 1066301 Invoice: 1160329 Invoice: 1183597 227132 03/18/2022 PRTD Invoice: 13122 RFID WORKSTATION PE 4/28/2023 796.00 24281000 7639 COMPUTER MAINTENANCE 1527 BIO-TOX LABORATORIES 42422 344.00 10141000 7400 1652 BLACKSTONE AUDIO, INC. 956079 7.95 24281000 7912 BLACKSTONE AUDIO, INC. 999822 1.50 24281000 7912 BLACKSTONE AUDIO, INC. 1066301 12.95 24281000 7912 BLACKSTONE AUDIO, INC. 1160329 6.50 24281000 7912 BLACKSTONE AUDIO, INC. 1183597 12.95 24281000 7912 246 BURRTEC WASTE & RECYCLING SERVICE 13122 1,215.00 251 7508 CHECK 227129 TOTAL: 02/18/2022 03182022 DUI TESTING PE 1/10/22 PROFESSIONAL/TECHNICAL CHECK 227130 TOTAL: 01/02/2018 03182022 CD FOUNDATION -COLLECTION 05/24/2018 03182022 CD ARTWORK FOUNDATION -COLLECTION 11/28/2018 03182022 CD FOUNDATION -COLLECTION 01/17/2020 03182022 CD ARTWORK FOUNDATION -COLLECTION 09/23/2020 03182022 CD FOUNDATION -COLLECTION CHECK 227131 TOTAL: 01/31/2022 03182022 HHW/CLEAN HARBORS PE 1/31/22 HOUSEHOLD HAZARDOUS WASTE CHECK 227132 TOTAL: Ip 11 apcshdsb NET 317.15 796.00 796. 00 344.00 344.00 7.95 1. 50 12.95 6.50 12.95 41.85 1,215.00 1,215.00
4-13"J,I 03/17/2022 11:28 anac ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 227133 03/18/2022 PRTD Invoice: 5390 227134 03/18/2022 PRTD Invoice: 5 227135 03/18/2022 PRTD Invoice: 45413 227136 03/18/2022 PRTD Invoice: 5098806869 227137 03/18/2022 PRTD Invoice: 45468 227138 03/18/2022 PRTD Invoice: 49381 Invoice: 49530 227139 03/18/2022 PRTD Invoice: 24639 219 CALIFA GROUP 2795 CALTEC CORP. 5390 7,724.19 24281000 7826 187,519.00 357 -9,375.95 101 5 9540 2050 2473 CHRISTOPHER CHANDLER 45413 94.08 10122000 7806 275 CINTAS DOCUMENT MANAGEMENT 5098806869 156.99 10133300 8000 245 COACHELLA VALLEY RESCUE MISSION 45468 1491 DESERT ARC DESERT ARC 3,500.00 10153000 7595 49381 735.00 10133320 7612 49530 60.00 10112000 7400 60.00 24281000 7400 282 DESERT BUSINESS INTERIORS 24639 2,047.25 24281000 8900 INV DATE INVOICE DTL DESC PO ~\\\\\ CHECK RUN 03/11/2022 03182022 CENIC HIGHSPEED INTERNET QE 12/2021 INTERNET ACCESS & SERVICE CHECK 227133 TOTAL: Ip 12 apcshdsb NET 7,724.19 7,724.19 02/28/2022 20220131 03182022 178,143.05 CP 19-353 SEISMIC/BLDG IMPRVMNTS FS#50 PE 2/28/22 SEISMIC & BUILDING UPGRD ST#50 RETENTION PAYABLE CHECK 227134 TOTAL: 03/09/2022 03182022 MILEAGE -CALBO TRAINING 10/25/21 MEETINGS/TRAINING/TRAVEL CHECK 227135 TOTAL: 03/08/2022 03182022 FIRST AID SUPPLIES -CITY HALL SUPPLIES CHECK 22 7136 TOTAL: 03/10/2022 03182022 CONTRACT SERVICES 3/22 DESERT RESOURCE CENTER CHECK 227137 TOTAL: 03/09/2022 03182022 LANDSCAPE MAINTENANCE -POST OFFICE 3/22 MAINTENANCE 178,143.05 94.08 94.08 156.99 156.99 3,500.00 3,500.00 735.00 03/11/2022 03182022 120.00 SHREDDING SERVICES -CITY HALL/LIBRARY PE 2/22/22 PROFESSIONAL/TECHNICAL PROFESSIONAL/TECHNICAL CHECK 227138 TOTAL: 855.00 03/11/2022 03182022 2,047.25 CHAIRS FOR CONFERENCE ROOM FURNITURE & EQUIPMENT
4-14;~. 03/17/2022 11:28 anac '""'-QTY~~ rrlRAG~ t'.s Zl ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 227140 03/18/2022 PRTD Invoice: 0004439090 227141 03/18/2022 PRTD Invoice: 45616 Invoice: 45617 227142 03/18/2022 PRTD Invoice: 536861 227143 03/18/2022 PRTD Invoice: 910017468 227144 03/18/2022 PRTD Invoice: 1123577 227145 03/18/2022 PRTD Invoice: 564721 19 DESERT SUN PUBLISHING CO 0004439090 588.00 10121000 7400 1129 DISTANCE 2B TRAVELED 45616 300.00 24281000 7910 DISTANCE 2B TRAVELED 45617 2803 OBK CORPORATION 403 EMCOR SERVICE 300.00 24281000 7910 536861 132.91 10151000 7806 910017468 1,870.82 10133300 7612 345.00 10133310 7612 106.67 21500500 7612 154.00 21500690 7612 90.00 21892000 7612 1,435.67 24281000 7612 79.50 24282000 7613 1421 FERGUSON ENTERPRISES INC #1350 1123577 273 FULTON DISTRIBUTING 189.22 21500500 8004 564721 84.11 10133310 8000 INV DATE INVOICE DTL DESC CHECK PO ~\\\\\ CHECK RUN 227139 TOTAL: 03/01/2022 03182022 IP 13 apcshdsb NET 2,047.25 588.00 PUBLIC HEAR NOTICES PE 2/28/22 (ACCT #231791) PROFESSIONAL/TECHNICAL CHECK 227140 TOTAL: 03/16/2022 HONORARIUM -3/22/2022 FOUNDATION -PROGRAMS 03/16/2022 HONORARIUM -3/29/2022 FOUNDATION -PROGRAMS 03182022 03182022 CHECK 22 7141 TOTAL: 03/03/2022 03182022 RFSH -CC MTG 3/3/22 MEETINGS/TRAINING/TRAVEL CHECK 227142 TOTAL: 03/08/2022 20220085 03182022 HVAC MAINTENANCE PE 3/31/22 MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE OBSERVATORY MAINTENANCE CHECK 227143 TOTAL: 03/02/2022 03182022 FLASH METER/HORN -FS #50 REPAIR & MAINT SUPPLIES CHECK 227144 TOTAL: 03/10/2022 03182022 JANITORIAL SUPPLIES -CITY YARD SUPPLIES 588.00 300.00 300.00 600.00 132. 91 132. 91 4,081.66 4,081.66 189.22 189.22 84 .11
4-15OT'lQt ~ l'l<AG~ anac !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE FULTON DISTRIBUTING 564722 Invoice: 564722 120.04 21891000 8000 FULTON DISTRIBUTING 564720 Invoice: 564720 454.49 21892000 8000 227146 03/18/2022 PRTD 146 THE HOME DEPOT 4021634 Invoice: 4021634 152.33 10132000 7618 THE HOME DEPOT 9015670 Invoice: 9015670 285.98 21892000 8004 THE HOME DEPOT 6016238 Invoice: 6016238 581.84 357 9540 THE HOME DEPOT 6016340 Invoice: 6016340 27.52 10132000 8003 THE HOME DEPOT 5610500 Invoice: 5610500 28.39 357 9540 THE HOME DEPOT 5621023 Invoice: 5621023 88.20 357 9540 THE HOME DEPOT 2235716 Invoice: 2235716 11.36 24281000 8004 THE HOME DEPOT 2524717 Invoice: 2524717 9.64 10133000 8012 THE HOME DEPOT 2610856 Invoice: 2610856 214.42 10133000 8012 THE HOME DEPOT 1010114 Invoice: 1010114 594.81 10132000 7618 ~\\\\~ INV DATE INVOICE DTL DESC PO CHECK RUN 03/10/2022 03182022 JANITORIAL SUPPLIES -DOG PARK SUPPLIES 03/10/2022 03182022 JANITORIAL SUPPLIES -RMC PARK SUPPLIES CHECK 227145 TOTAL: 02/02/2022 03182022 POLE PAINTING SUPPLIES TRAFFIC SIGNAL MAINT/ELEC 02/07/2022 03182022 TENNIS COURT SCREEN MATERIALS REPAIR & MAINT SUPPLIES 02/10/2022 03182022 MATERIAL -WATERLINE MOVE FOR ICE MAKER SEISMIC & BUILDING UPGRD ST#50 02/10/2022 03182022 QUICK LINK,STRAINER STREET SIGNS & MARKINGS 02/11/2022 03182022 WATERLINE MOVE SEISMIC & BUILDING UPGRD ST#50 02/11/2022 03182022 WATERLINE MOVE SEISMIC & BUILDING UPGRD ST#50 02/14/2022 03182022 FLOORING BASE REPAIR & MAINT SUPPLIES 02/14/2022 03182022 GRINDER DISCS SMALL TOOLS, FURN & EQUIP 02/14/2022 03182022 GRINDER FOR NOEL SMALL TOOLS, FURN & EQUIP 02/15/2022 03182022 PAINTING SUPPLIES TRAFFIC SIGNAL MAINT/ELEC Ip 14 apcshdsb NET 120. 04 454.49 658.64 152.33 285.98 581.84 27.52 28.39 88.20 11. 36 9.64 214.42 594.81
4-16~ 03/17/2022 11:28 anac OTV ~ ~ ~~ ~\\\\ \ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN THE HOME DEPOT 1045968 Invoice: 1045968 376.05 10123000 8000 376.05 10142000 8016 THE HOME DEPOT 6403103 Invoice: 6403103 20.75 21500690 8004 THE HOME DEPOT 3054719 Invoice: 3054719 604.41 10133000 8012 THE HOME DEPOT 1011615 Invoice: 1011615 93.10 21500690 8004 THE HOME DEPOT 1011634 Invoice: 1011634 17.53 21500690 8004 THE HOME DEPOT 1073547 Invoice: 1073547 84.53 10123000 8000 THE HOME DEPOT 9403231 Invoice: 9403231 330.20 21500690 8004 02/15/2022 03182022 SHELVING SUPPLIES EMERGENCY SUPPLIES 02/20/2022 03182022 CAULKING REPAIR & MAINT SUPPLIES 02/23/2022 03182022 DRILL BATTERIES,TOOL BAG FOR JOEL SMALL TOOLS, FURN & EQUIP 02/25/2022 MOLDING REPAIR & MAINT SUPPLIES 02/25/2022 MOLDING REPAIR & MAINT SUPPLIES 03182022 03182022 02/25/2022 03182022 SUPPLIES-PAM SUPPLIES 02/27/2022 03182022 SUPPLIES-CORY CLAUSON REPAIR & MAINT SUPPLIES CHECK 227146 TOTAL: 227147 03/18/2022 PRTD 30 IMPERIAL IRRIGATION DISTRICT 50478828030122 03/03/2022 03182022 Invoice: 50478828030122 SERVICE PE 3/1/22 (ACCT# 50478828) 37.79 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 50409925030122 03/03/2022 03182022 Invoice: 50409925030122 SERVICE PE 3/1/22 (ACCT# 50409925) 71.66 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 50053552030122 03/03/2022 03182022 Invoice: 50053552030122 SERVICE PE 3/1/22 (ACCT #50053552) 74.09 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 50337817030122 03/03/2022 03182022 Invoice: 50337817030122 SERVICE PE 3/1/2022 (ACCT# 50337817) 634.74 10133310 7603 ELECTRICITY IMPERIAL IRRIGATION DISTRICT 50423112030122 03/03/2022 03182022 Invoice: 50423112030122 SERVICE PE 3/1/22 (ACCT #50423112) 37.48 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IP 15 apcshdsb NET 752.10 20.75 604.41 93.10 17.53 84.53 330.20 3,897.11 37.79 71. 66 74.09 634.74 37.48
4-1703/17/2022 11:28 anac OTVOf-~l'l<AG~ ~ ~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL ~~\\~ CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN Invoice: 50339422030122 Invoice: 50053542030122 Invoice: 50474721030122 Invoice: 50765125030122 Invoice: 50321316030122 Invoice: 50179009030122 Invoice: 50705330030122 Invoice: 50339421030122 Invoice: 50053574030122 Invoice: 50053535030122 Invoice: 50214431030122 Invoice: 50602360030122 IMPERIAL IRRIGATION DISTRICT 50339422030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT# 50339422) 34.06 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 50053542030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50053542) 46.37 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 50474721030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50474721) 79.27 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 15.43 201 50765125030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50765125) 7603 ELECTRICITY IMPERIAL IRRIGATION DISTRICT 50321316030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50321316) 94.35 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 26.12 201 50179009030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50179009) 7603 ELECTRICITY IMPERIAL IRRIGATION DISTRICT 50705330030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT# 50705330) 55.69 21891000 7603 ELECTRICITY IMPERIAL IRRIGATION DISTRICT 50339421030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50339421) 55.14 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 50053574030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50053574) 36.34 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 50053535030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT# 50053535) 126.61 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC IMPERIAL IRRIGATION DISTRICT 32.93 201 50214431030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50214431) 7603 ELECTRICITY IMPERIAL IRRIGATION DISTRICT 50602360030122 03/03/2022 03182022 SERVICE PE 3/1/22 (ACCT #50602360) 71.66 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC CHECK 227147 TOTAL: IP 16 apcshdsb NET 34.06 46.37 79.27 15.43 94.35 26.12 55.69 55.14 36.34 126.61 32.93 71. 66 1,529.73
4-18-,,/,I 03/17/2022 11:28 anac OTV Of~ IIIMG~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 227148 03/18/2022 PRTD Invoice: 74036 1305 INTERWEST CONSULTING GROUP, INC. 74036 2,450.00 10131000 7400 -2,255.00 10131000 7400 INV DATE INVOICE DTL DESC PO ~\\\\ CHECK RUN 11/22/2021 20220058 03182022 ENGINEERING CONSULTING SVCS PE 10/31/21 PROFESSIONAL/TECHNICAL PROFESSIONAL/TECHNICAL CHECK 227148 TOTAL: 227149 03/18/2022 PRTD 1723 LOWES Invoice: 920153-IJSNUF 920153-IJSNUF 03/02/2022 03182022 SIDEWAL REPAIRS -RMC PARK 105.27 21892000 8004 REPAIR & MAINT SUPPLIES LOWES 923685-IKCDSW 03/02/2022 03182022 Invoice: 923685-IKCDSW PAINT VALVE MASK/PEST REPELLENT -FS #69 227150 03/18/2022 PRTD Invoice: 516639193 227151 03/18/2022 PRTD Invoice: 45618 227152 03/18/2022 PRTD Invoice: 45570 227153 03/18/2022 PRTD Invoice: 22022918951 227154 03/18/2022 PRTD Invoice: 45459 98.15 21500690 8000 SUPPLIES 1317 MISSION LINEN SUPPLY 516639193 25.50 24281000 8002 2090 MARIAN LIEBOWITZ ARTIST MANAGEMEN 45618 3,000.00 10157000 7875 466 NATIONAL UNION FIRE INSURACE COMP 45570 16.65 101 2230 1464 NETWORK INNOVATIONS US INC 22022918951 229.57 10142000 7824 560 NEWAGE RANCHO MIRAGE LLC 45459 377,704.44 10151000 8567 CHECK 227149 TOTAL: 03/11/2022 20220012 03182022 BI-WEEKLY FLOOR MAT & TOWEL RENTAL SERVICE EQUIPMENT RENTAL CHECK 227150 TOTAL: 03/16/2022 03182022 HONORARIM -3/23/2022 CULTURAL SPECIAL EVENTS CHECK 03/16/2022 LIFE INSURANCE PE 031122 LIFE INSURANCE-PEGIT CHECK 227151 TOTAL: 03182022 227152 TOTAL: 03/10/2022 20220108 03182022 SATELLITE PHONE SERVICE PE 2/28/22 COMMUNICATION MAIN/SERV CHECK 227153 TOTAL: 03/10/2022 03182022 TRANSIENT OCCUPANCY TAX REBATE Q4 2021 TRANSIENT OCC TAX REBATE IP 17 apcshdsb NET 195.00 195.00 105.27 98.15 203.42 25.50 25.50 3,000.00 3,000.00 16.65 16.65 229.57 229.57 377,704.44
4-19QTY Of~ rrlRAG~ 03/17/2022 11:28 anac ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME 227155 03/18/2022 PRTD Invoice: 240955 2237 NISSHO OF CALIFORNIA, INC INVOICE 240955 1,302.00 10132000 7630 227156 03/18/2022 PRTD Invoice: 11638-1 447 ON THE FLY SERVICES, INC 11638-1 200.00 21500500 7612 227157 03/18/2022 PRTD 99999 ANTHEM BC LIFE & HEALTH INS CO Invoice: 45559 227158 03/18/2022 PRTD 99999 CAROL DOCKUM Invoice: SR20220036 227159 03/18/2022 PRTD 99999 CYNTHIA SIDEN Invoice: SR20220034 227160 03/18/2022 PRTD 99999 EDWARD M. MORALES Invoice: SR20220039 1,389.51 215 500.00 600 500.00 600 500.00 600 45559 4702 SR20220036 7426 SR20220034 7426 SR20220039 7426 227161 03/18/2022 PRTD 99999 EXECUTIVE RESIDENTIAL CARE & RECO 030142022BL Invoice: 030142022BL 29.00 101 4200 INV DATE INVOICE DTL DESC CHECK PO ...,..,\\\\ CHECK RUN 227154 TOTAL: 02/28/2022 20220005 03182022 LANDSCAPE MAINTENANCE -TRAILS 2/22 TRAILS & BIKE PATH MAINT CHECK 227155 TOTAL: 03/04/2022 03182022 TERMITE TREATMENT -FS #50 3/4/22 MAINTENANCE CHECK 227156 TOTAL: 03/14/2022 03182022 REFUND AMBULANCE BILLING OVERPAYMENT MEDICAL INSURANCE BILLING CHECK 227157 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227158 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227159 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227160 TOTAL: 03/14/2022 03182022 BUSINESS LICENSE OVERPAYMENT BUSINESS LICENSES CHECK 227161 TOTAL: IP 18 apcshdsb NET 377,704.44 1,302.00 1,302.00 200.00 200.00 1,389.51 1,389.51 500.00 500.00 500.00 500.00 500.00 500.00 29.00 29.00
4-20OTYOf~ ~\~\\, 03/17/2022 11:28 anac !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME 227162 03/18/2022 PRTD 99999 GRACE PARROTTA-KING Invoice: SR20220038 500.00 600 227163 03/18/2022 PRTD 99999 HERITAGE PROVIDER NETWORK INC Invoice: 45558 227164 03/18/2022 PRTD 99999 JOHN R. HOLMES Invoice: SR20220037 227165 03/18/2022 PRTD 99999 NANCY RANALLO Invoice: SR20220033 298.86 215 500.00 600 500.00 600 227166 03/18/2022 PRTD 99999 OMAR COLUMBUS & DAVID M. YOUNG Invoice: SR20220031 227167 03/18/2022 PRTD 99999 PAUL WEISS Invoice: SR20220029 500.00 600 500.00 600 227168 03/18/2022 PRTD 99999 RAYMOND & JO ELLEN HECK Invoice: SR20220032 500.00 600 INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN SR20220038 03/14/2022 03182022 SOLAR REBATE 7426 RESIDENTIAL SOLAR REBATE PRGM 45558 4702 SR20220037 7426 SR20220033 7426 SR20220031 7426 SR20220029 7426 SR20220032 7426 CHECK 227162 TOTAL: 03/14/2022 03182022 REFUND AMBULANCE BILLING OVERPAYMENT MEDICAL INSURANCE BILLING CHECK 227163 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227164 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227165 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227166 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227167 TOTAL: 03/14/2022 03182022 SOLAR REBATE RESIDENTIAL SOLAR REBATE PRGM CHECK 227168 TOTAL: IP 19 apcshdsb NET 500.00 500.00 298.86 298.86 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00
4-2103/17/2022 11:28 anac OTV Of~ Jl'luK;~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 227169 03/18/2022 PRTD 99999 RUSSELL STARR SR20220025 Invoice: SR20220025 500.00 600 7426 227170 03/18/2022 PRTD 360 PACIFIC TELEMANAGEMENT SERVICES' 2083962 Invoice: 2083962 35.00 24281000 7821 PACIFIC TELEMANAGEMENT SERVICES' 2082388 Invoice: 2082388 35.00 24281000 7821 INV DATE INVOICE DTL DESC 03/14/2022 SOLAR REBATE PO "'-'\\\\\ CHECK RUN 03182022 RESIDENTIAL SOLAR REBATE PRGM CHECK 227169 TOTAL: 03/03/2022 03182022 SERVICE 4/2022 TELEPHONE 03/03/2022 03182022 SERVICE 3/2022 TELEPHONE CHECK 227170 TOTAL: Ip 20 apcshdsb NET 500.00 500.00 35.00 35.00 70.00 227171 03/18/2022 PRTD Invoice: 0021783-IN 664 PARAGON PARTNERS LTD 0021783-IN 02/28/2022 20220164 03182022 545.00 CONSULTING SVCS -RAMON RD SAND FENCE PE 2/28/22 545.00 10134000 9523 RMN RD ST WID/FR RGT/SND CHECK 2271 71 TOTAL: 545.00 227172 03/18/2022 PRTD 2809 PARK CONSULTING GROUP INC CORM202201 01/31/2022 20220195 03182022 1,445.00 Invoice: CORM202201 PROF SVC -TYLER ENERGOV LAND MGMT PE 1/31/22 1,445.00 10156000 7400 PROFESSIONAL/TECHNICAL PARK CONSULTING GROUP INC CORM202112 12/31/2021 20220195 03182022 2,315.00 Invoice: CORM202112 PRO SVC -TYLER ENERGOV LAND MGMT PE 12/31/21 2,315.00 10156000 7400 PROFESSIONAL/TECHNICAL CHECK 227172 TOTAL: 3,760.00 227173 03/18/2022 PRTD 2832 PEOPLEREADY INC 27238319 03/08/2022 03182022 3,031.20 Invoice: 27238319 J. HIGAREDA/ A. PEREZ PE 3/4/22 3,031.20 10132000 7444 TEMPORARY AGENCY SERVICES CHECK 227173 TOTAL: 3,031.20 227174 03/18/2022 PRTD 5 POWERS AWARDS 151019 02/28/2022 03182022 37. 71 Invoice: 151019 NAME BADGE -J. PIMENTEL/D. PHILLIPS 37.71 24281000 8000 SUPPLIES POWERS AWARDS 151021 03/03/2022 03182022 249.05 Invoice: 151021 NAME BADGE -LIBRARY VOLUNTEERS 249.05 24281000 8000 SUPPLIES
4-22,,, 1mw 03/17/2022 11:28 anac OTY~~i'l!AG~ ~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 227175 03/18/2022 PRTD Invoice: 45418 Invoice: 45419 Invoice: 45610 227176 03/18/2022 PRTD Invoice: 31081 227177 03/18/2022 PRTD Invoice: 45619 227178 03/18/2022 PRTD Invoice: 179976 227179 03/18/2022 PRTD Invoice: 4604030122 Invoice: 5093022822 Invoice: 0086022822 1566 RICHARD K YATES 45418 949.19 24281000 7612 RICHARD K YATES 45419 1,650.00 24281000 7612 RICHARD K YATES 45610 1,650.00 24281000 7612 2680 RENEGADE PEST CONTROL INC 31081 382 JEANETTE SEMAN 300.00 21500690 7612 45619 262.74 10151000 7200 1407 SOUTH WEST TOWING INC 179976 100.00 10141000 7400 61 SOUTHERN CALIFORNIA EDISON COMPAN 4604030122 76.30 201 7603 SOUTHERN CALIFORNIA EDISON COMPAN 5093022822 863.02 21500500 7603 SOUTHERN CALIFORNIA EDISON COMPAN 0086022822 1,431.67 10132000 7603 SOUTHERN CALIFORNIA EDISON COMPAN 6812030222 INV DATE INVOICE DTL DESC CHECK PO ~\\\, CHECK RUN 227174 TOTAL: IP 21 apcshdsb NET 286.76 03/07/2022 03182022 949.19 ELECTRICAL CABLING -LIBRARY CONF RM 3/7/22 MAINTENANCE 03/01/2022 03182022 1,650.00 FISH TANK CIRCUIT -LIBRARY 3/1/22 MAINTENANCE 03/01/2022 03182022 1,650.00 DEDICATED ELECTRICAL CIRCUIT FOR FISH TANK MAINTENANCE CHECK 227175 TOTAL: 02/25/2022 03182022 PEST CONTROL -FS#69 2/25/22 MAINTENANCE CHECK 227176 TOTAL: 03/16/2022 03182022 MEDICAL REIMBURSEMENT 4/22 GROUP INSURANCE-MEDICAL CHECK 227177 TOTAL: 12/17/2021 03182022 TOW VEHICLE -RIV CO SHERIFF 12/17/21 PROFESSIONAL/TECHNICAL CHECK 227178 TOTAL: 03/04/2022 03182022 SERVICE PE 3/1/22 (ACCT#700484394604} ELECTRICITY 03/03/2022 03182022 SERVICE PE 2/28/22 (ACCT# 700485325093) ELECTRICITY 03/03/2022 03182022 SERVICE PE 2/28/22 (ACCT# 700052520086) ELECTRICITY 03/07/2022 03182022 4,249.19 300.00 300.00 262.74 262.74 100.00 100.00 76.30 863.02 1,431.67 448.75
4-2303/17/2022 11:28 anac OTY~~rrl<AG~ ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL ~\\\\1 Ip 22 apcshdsb CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN NET Invoice: 6812030222 Invoice: 5954030322 Invoice: 9548030222 Invoice: 6905030622 227180 03/18/2022 PRTD Invoice: 80665030722 219.76 21895000 7603 169.38 21892000 7603 59.61 21893000 7603 SOUTHERN CALIFORNIA EDISON COMPAN 5954030322 35.70 201 7603 SOUTHERN CALIFORNIA EDISON COMPAN 9548030222 459.08 201 7603 SOUTHERN CALIFORNIA EDISON COMPAN 6905030622 1,643.67 10132000 7618 62 SOUTHERN CALIFORNIA GAS COMPANY 80665030722 354.81 10133310 7600 SERVICE PE 3/2/22 (ACCT# 700349196812) ELECTRICITY ELECTRICITY ELECTRICITY 03/08/2022 03182022 SERVICE PE 3/3/22 (ACCOUNT #700013745954) ELECTRICITY . 03/07/2022 03182022 SERVICE PE 3/2/22 (ACCT #700183359548) ELECTRICITY 03/09/2022 03182022 SERVICE PE 3/6/22 (ACCT#700394436905) TRAFFIC SIGNAL MAINT/ELEC CHECK 227179 TOTAL: 03/09/2022 03182022 SERVICE PE 3/7/22 (ACCT #170-464-8066-5) NATURAL GAS CHECK 227180 TOTAL: 35.70 459.08 1,643.67 4,958.19 354.81 354.81 227181 03/18/2022 PRTD 235 SPECTRUM BUSINESS 0324444022522 02/25/2022 03182022 934.77 Invoice: 0324444022522 SERVICE 3/24/22 (ACCT #8448-41-077-0324444) 934.77 21800000 7824 COMMUNICATION MAIN/SERV SPECTRUM BUSINESS 0058273030122 03/01/2022 03182022 198.69 Invoice: 0058273030122 SVC PE 3/29/22 FS #50 (ACCT #8448-41-077-0058273) 198.69 21500500 7826 INTERNET ACCESS & SERVICE SPECTRUM BUSINESS 0034522030122 03/01/2022 03182022 209.09 Invoice: 0034522030122 SERVICE PE 3/31/22 (ACCT #8448-41-077-0034522) 209.09 10151000 7824 COMMUNICATION MAIN/SERV Invoice: 0002414022422 SPECTRUM BUSINESS 0002414022422 02/24/2022 03182022 1,200.31 SERVICE PE 2/28/22 (ACCT #8448-20-899-0002414) 54.75 24281000 7602 CABLE 1,145.56 24281000 7826 INTERNET ACCESS & SERVICE SPECTRUM BUSINESS 0324436022622 02/26/2022 03182022 1,145.56 Invoice: 0324436022622 SERVICE PE 3/25/22 (ACCT #8448-41-077-0324436) 1,145.56 24281000 7826 INTERNET ACCESS & SERVICE CHECK 227181 TOTAL: 3,688.42
4-24#.I~ 03/17/2022 11:28 anac OTV Of~~~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 227182 03/18/2022 PRTD 159 STAPLES CREDIT PLAN 3019801591 Invoice: 3019801591 187.43 10151000 8000 STAPLES CREDIT PLAN 3019802831 Invoice: 3019802831 265.57 10151000 8000 STAPLES CREDIT PLAN 3019874951 Invoice: 3019874951 27.99 10151000 8000 STAPLES CREDIT PLAN 3024400361 Invoice: 3024400361 107.74 10151000 8012 INV DATE INVOICE DTL DESC PO 03/04/2022 HEAVY DUTY TRASH CANS SUPPLIES ~\\\\\ CHECK RUN 03182022 03/04/2022 03182022 TRASH CAN DOLLY/COFFEE SUPPLIES SUPPLIES 03/04/2022 RUBBER BANDS SUPPLIES 03182022 03/04/2022 03182022 OFFICE CHAIR SMALL TOOLS,. FURN & EQUIP CHECK 227182 TOTAL: 227183 03/18/2022 PRTD 64 STATE CONTROLLERS OFFICE FAUD-00003174 03/01/2022 03182022 Invoice: FAUD-00003174 ANNUAL STREET REPORT FY 21-22 3,000.00 224 7400 PROFESSIONAL/TECHNICAL CHECK 227183 TOTAL: 227184 03/18/2022 PRTD 233 STATE DISBURSEMENT UNIT 45568 03/16/2022 03182022 Invoice: 45568 CHILD SUPPORT PE 031122 126.92 101 2260 CHILD SUPPORT CHECK 227184 TOTAL: 227185 03/18/2022 PRTD 1388 TERRYBERRY COMPANY K91600 02/14/2022 03182022 Invoice: K91600 EMPLOYEE SERVICE AWARDS 791.65 10151000 7869 EMPLOYEE EVENTS TERRYBERRY COMPANY K92957 02/17/2022 03182022 Invoice: K92957 EMPLOYEE SERVICE AWARDS 235.30 10151000 7869 EMPLOYEE EVENTS CHECK 227185 TOTAL: 227186 03/18/2022 PRTD 68 UNITED WAY OF THE DESERT 45567 03/16/2022 03182022 Invoice: 45567 UNITED WAY PE 031122 18.85 101 2250 DONATIONS-UNITED WAY CHECK 227186 TOTAL: Ip 23 apcshdsb NET 187.43 265.57 27.99 107.74 588.73 3,000.00 3,000.00 126. 92 126. 92 791.65 235.30 1,026.95 18.85 18.85
4-25~~ 03/17/2022 11:28 anac QTY Of~ rrl<AG?. "'-\\\\, !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN 227187 03/18/2022 PRTD Invoice: INV-43026 227188 03/18/2022 PRTD Invoice: 28384 227189 03/18/2022 PRTD Invoice: 002-25948 Invoice: 002-25949 1700 VALLEY REPROGRAPHICS, LLC INV-43026 627.16 10131000 8000 401 WESTERN PACIFIC SIGNAL LLC 28384 2,363.24 10132000 7618 776 WILLDAN ENGINEERING 002-25948 7,980.00 10122000 7400 WILLDAN ENGINEERING 002-25949 7,790.00 10122000 7400 01/14/2022 03182022 INSPECTION CARDS -ENGINEERING SUPPLIES CHECK 227187 TOTAL: 02/28/2022 03182022 TRAFIC SIGNAL TRAFFIC SIGNAL MAINT/ELEC CHECK 227188 TOTAL: 02/02/2022 20220114 03182022 PULTE INSPECTION SERVICES PE 1/28/22 PROFESSIONAL/TECHNICAL 02/02/2022 20220114 03182022 PORCUPINE INSPECTION SERVICES PE 1/28/22 PROFESSIONAL/TECHNICAL CHECK 227189 TOTAL: NUMBER OF CHECKS 106 *** CASH ACCOUNT TOTAL*** TOTAL PRINTED CHECKS TOTAL EFT'S COUNT 67 39 AMOUNT 648,245.01 176,772.66 *** GRAND TOTAL*** Ip 24 apcshdsb NET 627.16 627.16 2,363.24 2,363.24 7,980.00 7,790.00 15,770.00 825,017.67 825,017.67
4-2603/24/2022 10:42 anac OTV ~~ lllulG~ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 4279 03/25/2022 EFT Invoice: 495661 4280 03/25/2022 EFT Invoice: Tl31473 4281 03/25/2022 EFT Invoice: 45659 4282 03/25/2022 EFT Invoice: DT -1048 4283 03/25/2022 EFT Invoice: 49630 4284 03/25/2022 EFT Invoice: 158149 333 BECK OIL INC 495661 267.58 10132000 7623 37.53 10133000 7623 50.25 10131000 7623 665.31 10132000 7623 137.42 10141000 7623 171.93 10122000 7623 147.71 10123000 7623 33.90 21500000 7623 1523 CDW GOVERNMENT INC Tl31473 2,835.74 10156000 8028 732 DEBORAH DEJAH 5,000.00 244 2783 DESERT THEATRICALS, LLC 45659 7400 DT -1048 1,000.00 24281000 7910 1242 LEIGHTON CONSULTING, INC 3,240.30 357 49630 9540 728 DBA MAXIMUM SECURITY ALARM SYSTEM 158149 174.00 10133310 7612 114.00 21892000 7612 62.00 21500690 7612 148.00 10133300 7612 ~\\\\ INV DATE PO CHECK RUN INVOICE DTL DESC 03/15/2022 03252022 FUEL PE 3/15/22 VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL CHECK 4279 TOTAL: 03/07/2022 20220204 03252022 (2) PC'S FOR STAFF COMPUTER ENHANCEMENT CHECK 4280 TOTAL: 03/22/2022 20220137 03252022 RMWF PROGRAM DIRECTOR PE 3/31/2022 PROFESSIONAL/TECHNICAL CHECK 4281 TOTAL: 03/21/2022 03252022 INSPIRE RIVER 2/2022 & 3/2022 FOUNDATION -PROGRAMS CHECK 4282 TOTAL: Ip 1 apcshdsb NET 1,511.63 1,511.63 2,835.74 2,835.74 5,000.00 5,000.00 1,000.00 1,000.00 03/15/2022 20220140 03252022 3,240.30 CP 19-353: GEOTECH SEISMEC -FS #50 PE 2/28/22 SEISMIC & BUILDING UPGRD ST#50 CHECK 4283 TOTAL: 3,240.30 03/01/2022 03252022 MONITORING SERVICES PE 4/30/22 MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE CHECK 4284 TOTAL: 498.00 498.00
4-27... ~~ 03/24/2022 10:42 anac ~ ~ ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 4285 03/25/2022 EFT Invoice: 516631900 4286 03/25/2022 EFT Invoice: 13115945 Invoice: 13115945A 4287 03/25/2022 EFT Invoice: 45694 4288 03/25/2022 EFT Invoice: 10426 Invoice: 10672 4289 03/25/2022 EFT Invoice: 80743331 Invoice: 80754210 227190 03/25/2022 PRTD Invoice: 220283-01 1317 MISSION LINEN SUPPLY 516631900 66.86 10132000 8002 558 PFM ASSET MGMT LLC 13115945 4,863.52 10151000 7400 PFM ASSET MGMT LLC 798 ROBERT E. REKUC 165.18 276 13115945A 7440 45694 553.19 24281000 7806 2459 SELF INSURED SERVICES COMPANY 5,939.81 101 SELF INSURED SERVICES COMPANY 5,875.77 101 10426 2279 10672 2279 1542 WAXIE SANITARY SUPPLY WAXIE SANITARY SUPPLY 1824 ACE PRINTING 80743331 177.34 21892000 8000 177.33 10133300 8000 80754210 101.72 24281000 8004 220283-01 527.44 10157000 7875 INV DATE INVOICE DTL DESC PO ~\\\\\ CHECK RUN 03/10/2022 20220012 03252022 MAT RENTAL -CITY HALL 3/10/22 EQUIPMENT RENTAL CHECK 4285 TOTAL: 03/01/2022 03252022 INVESTMENT SERVICES 2/22 PROFESSIONAL/TECHNICAL 03/01/2022 INVESTMENT SERVICES 2/22 BOND SERVICING CHECK 03252022 4286 TOTAL: 03/23/2022 03252022 EXPENSE REIMBURSEMENT -ALA CONFERENCE MEETINGS/TRAINING/TRAVEL CHECK 4287 TOTAL: 02/01/2022 03252022 DISABILITY INSURANCE 02/22 ADDITIONAL LIFE INSURANCE 03/01/2022 03252022 DISABILITY INSURANCE 03/22 ADDITIONAL LIFE INSURANCE CHECK 4288 TOTAL: 03/15/2022 03252022 TRASH LINERS -RMC PARK/CITY HALL SUPPLIES SUPPLIES 03/18/2022 03252022 JANITORIAL SUPPLIES REPAIR & MAINT SUPPLIES CHECK 4289 TOTAL: 03/10/2022 03252022 ARTIST RECEPTION INVITATIONS CULTURAL SPECIAL EVENTS Ip 2 apcshdsb NET 66.86 66.86 4,863.52 165.18 5,028.70 553.19 553.19 5,939.81 5,875.77 11,815.58 354.67 101.72 456.39 527.44
4-28-~,m~ ~ ~ ~\\\\ 03/24/2022 10:42 anac !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME 227191 03/25/2022 PRTD 1592 AMAZON.COM Invoice: 587857767454 AMAZON.COM Invoice: 957993779893 227192 03/25/2022 PRTD 395 AT&T Invoice: 000017910485 227193 03/25/2022 PRTD Invoice: 22815 Invoice: 22819 292 PATRICK S ROSS PATRICK S ROSS INVOICE INV DATE INVOICE DTL DESC CHECK 587857767454 01/17/2022 LENOVO THINKBOOK PO 1,183.08 24281000 8028 COMPUTER ENHANCEMENT 957993779893 02/02/2022 LENOVO THINKPAD 300.61 24281000 8028 COMPUTER ENHANCEMENT CHECK CHECK RUN 227190 TOTAL: 03252022 03252022 227191 TOTAL: 000017910485 03/13/2022 03252022 FINAL DUES -(BAN #9391019360) 45.49 10132000 7618 TRAFFIC SIGNAL MAINT/ELEC CHECK 227192 TOTAL: 22815 03/17/2022 03252022 4TH QTR GATE MAINT -FS #69 12/21 225.00 21500690 7612 MAINTENANCE 22819 03/17/2021 03252022 4TH QTR GATE MAINT -CITY YARD 12/21 350.00 10133310 7612 MAINTENANCE CHECK 227193 TOTAL: 227194 03/25/2022 PRTD 246 BURRTEC WASTE & RECYCLING SERVICE 44-RT463673 0212202202/28/2022 03252022 Invoice: 44-RT463673 02122022 SHRED EVENT 2/12/2022 227195 03/25/2022 PRTD Invoice: 234722 134.51 251 7563 SOLID WASTE & RECYCLING CHECK 227194 TOTAL: 156 COUNTY OF RIVERSIDE 234722 03/10/2022 03252022 FIRE SERVICES QTR 2 PE 12/3/21 1,845,308.64 21500000 7412 FIRE SERVICES CHECK 227195 TOTAL: Ip 3 apcshdsb NET 527.44 1,183.08 300.61 1,483.69 45.49 45.49 225.00 350.00 575.00 134.51 134. 51 1,845,308.64 1,845,308.64 227196 03/25/2022 PRTD Invoice: 5489 1847 JACOB DERMAN 5489 570.00 24281000 7612 5491 09/09/2021 03252022 570.00 JACOB DERMAN ELECTRICAL SERVICES -RETROFIT LIGHTING AT LIBRARY MAINTENANCE 09/15/2021 03252022 737.50
4-29OTV OF~ rrl<AG~ ~ ~ ,,I, 03/24/2022 10:42 anac !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME Invoice: 5491 227197 03/25/2022 PRTD Invoice: 49576 1491 DESERT ARC INVOICE 737.50 24281000 7612 766.75 251 49576 7563 INV DATE INVOICE DTL DESC PO ~\\\\\ CHECK RUN Ip 4 apcshdsb NET ELECTRICAL SERVICES -RETROFIT LIGHTING AT LIBRARY MAINTENANCE CHECK 227196 TOTAL: 03/11/2022 03252022 RECYCLING SERVICES -CITY HALL 2/12/22 SOLID WASTE & RECYCLING CHECK 227197 TOTAL: 1,307.50 766.75 766.75 227198 03/25/2022 PRTD Invoice: 0004439180 19 DESERT SUN PUBLISHING CO 0004439180 03/01/2022 03252022 173.80 227199 03/25/2022 PRTD Invoice: 105656 227200 03/25/2022 PRTD Invoice: 536866 227201 03/25/2022 PRTD Invoice: 910015099 Invoice: 910016345 PUBLIC HEAR NOTICES PE 2/28/22 (ACCT #233062) 173.80 600 7842 ADVERTISING/PUBLISHING 1971 DOWNSTREAM SERIVCES INC 45,082.40 248 105656 7612 2803 OBK CORPORATION 403 EMCOR SERVICE EMCOR SERVICE 536866 114.94 10151000 7806 910015099 1,870.82 10133300 7612 345.00 10133310 7612 106.67 21500500 7612 154.00 21500690 7612 90.00 21892000 7612 1,435.67 24281000 7612 79.50 24282000 7613 910016345 1,870.82 10133300 7612 345.00 10133310 7612 106.67 21500500 7612 154.00 21500690 7612 90.00 21892000 7612 1,435.67 24281000 7612 CHECK 227198 TOTAL: 02/28/2022 20220152 03252022 STORM DRAIN/CATCH BASIN DRYWELL CLEANING MAINTENANCE CHECK 227199 TOTAL: 03/17/2022 03252022 RFSH -CC MTG 3/17/22 MEETINGS/TRAINING/TRAVEL CHECK 227200 TOTAL: 01/06/2022 20220085 03252022 HVAC MAINTENANCE PE 1/31/22 MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE OBSERVATORY MAINTENANCE 02/08/2022 20220085 03252022 HVAC MAINTENANCE PE 2/28/22 MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE 173.80 45,082.40 45,082.40 114. 94 114. 94 4,081.66 4,081.66
4-30~~1m OTV~~fll<AG~ 03/24/2022 10:42 anac ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 79.50 24282000 7613 INV DATE INVOICE DTL DESC PO ~\\\\~ CHECK RUN OBSERVATORY MAINTENANCE CHECK 227201 TOTAL: 227202 03/25/2022 PRTD 1891 FOLLETT HIGHER EDUCATION GROUP, I 975RMLIB312022 03/01/2022 20220205 03252022 Invoice: 975RMLIB312022 (900) BEAUTY OF DUSK BOOKS 16,291.80 24281000 7887 SPECIAL EVENTS 227203 03/25/2022 PRTD 99999 AUTISM SOCIETY INLAND EMPIRE Invoice: 45651 45651 1,000.00 10157000 7456 227204 03/25/2022 PRTD 99999 FIRST TEE COACHELLA VALLEY Invoice: 45653 45653 2,500.00 10157000 7456 227205 03/25/2022 PRTD 99999 LOMA LINDA UNIVERSITY CHILDREN'S 45652 Invoice: 45652 2,500.00 10157000 7456 227206 03/25/2022 PRTD 99999 MISSION HEALTHCARE SERVICES LLC Invoice: 45718 45718 4200 227207 03/25/2022 PRTD Invoice: 45674 227208 03/25/2022 PRTD Invoice: 27253332 139.00 101 472 PALM SPRINGS OPERA GUILD 45674 2832 PEOPLEREADY INC 300.00 24281000 7910 27253332 3,031.20 10132000 7444 CHECK 227202 TOTAL: 03/17/2022 03252022 SAF AWARDED 3/17/22 SPECIAL ASSISTANCE FUNDS CHECK 227203 TOTAL: 03/17/2022 03252022 SAF AWARDED 3/17/22 SPECIAL ASSISTANCE FUNDS CHECK 227204 TOTAL: 03/17/2022 03252022 SAF AWARDED 3/17/22 SPECIAL ASSISTANCE FUNDS CHECK 227205 TOTAL: 03/21/2022 03252022 OVERPAYMENT -BUSINESS LIC #000533-2022 BUSINESS LICENSES CHECK 227206 TOTAL: 03/09/2022 HONORARIUM 3/9/2022 FOUNDATION -PROGRAMS 03252022 CHECK 227207 TOTAL: 03/15/2022 03252022 J. HIGAREDA/ A. PEREZ PE 3/13/22 TEMPORARY AGENCY SERVICES Ip 5 apcshdsb NET 8,163.32 16,291.80 16,291.80 1,000.00 1,000.00 2,500.00 2,500.00 2,500.00 2,500.00 139.00 139.00 300.00 300.00 3,031.20
4-31,,. 03/24/2022 10:42 anac OTV Of~ ~G~ 'City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE 227209 03/25/2022 PRTD Invoice: 45657-DA Invoice: 45658-DA Invoice: 45660-DA Invoice: 45661-DA Invoice: 45663-DA Invoice: 45665-DA Invoice: 45666-DA Invoice: 45667-DA Invoice: 45668-DA Invoice: 45669-DA 227210 03/25/2022 PRTD Invoice: 14689 1812 PETTY CASH-ELIJAH ALEMAN 45657-DA 2.60 10123000 8000 PETTY CASH-ELIJAH ALEMAN 45658-DA 13.60 10151000 8000 PETTY CASH-ELIJAH ALEMAN 45660-DA 47.65 251 7563 PETTY CASH-ELIJAH ALEMAN 45661-DA 25.00 10133000 7806 PETTY CASH-ELIJAH ALEMAN 45663-DA 10.08 10151000 7800 PETTY CASH-ELIJAH ALEMAN 45665-DA 45.40 10151000 8000 PETTY CASH-ELIJAH ALEMAN 45666-DA 20.16 10151000 7800 PETTY CASH-ELIJAH ALEMAN 45667-DA 19.75 10151000 8000 PETTY CASH-ELIJAH ALEMAN 45668-DA 15.44 10121000 7800 PETTY CASH-ELIJAH ALEMAN 45669-DA 2120 STEVEN K SALMACIA 21.06 10151000 7800 14689 195.00 10172000 7494 ~~\\ INV DATE INVOICE DTL DESC PO CHECK RUN CHECK 227208 TOTAL: 03/15/2022 EXP REIMB -MAIL SUPPLIES 03/15/2022 EXP REIMB -MAIL SUPPLIES 03252022 03252022 03/15/2022 03252022 EXP REIMB -RFSH SHRED EVENT 10/9/21 SOLID WASTE & RECYCLING 03/15/2022 03252022 EXP REIMB -RFSH YARD CLEAN UP 10/14/21 MEETINGS/TRAINING/TRAVEL 03/15/2022 03252022 MILEAGE -S. NYEKI PE 10/29/21 MILEAGE 03/15/2022 EXP REIMB -MAIL 11/18/21 SUPPLIES 03252022 03/15/2022 03252022 MILEAGE -S. NYEKI PE 12/22/21 MILEAGE 03/15/2022 EXP REIMB -MAIL 12/22/21 SUPPLIES 03252022 03/15/2022 03252022 MILEAGE -J. TSAI PE 1/31/22 MILEAGE 03/15/2022 03252022 MILEAGE -S. NYEKI PE 2/18/22 MILEAGE CHECK 227209 TOTAL: 03/09/2022 03252022 PIANO TUNING -AMPHITHEATER AMPHITHEATER PROGRAMMING Ip 6 apcshdsb NET 3,031.20 2.60 13.60 47.65 25.00 10.08 45.40 20.16 19.75 15.44 21.06 220.74 195.00
4-32~~' 03/24/2022 10:42 anac OTY Of~ i'IRAG~ ~ z'.l U\t.\~\ !City of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN 227211 03/25/2022 PRTD Invoice: 22-54175 55 RIVERSIDE COUNTY CLERK AND RECORD 22-54175 40.00 10131000 7400 CHECK 227210 TOTAL: 03/01/2022 03252022 RECORDING DOCS PE 2/28/22 PROFESSIONAL/TECHNICAL CHECK 227211 TOTAL: 227212 03/25/2022 PRTD 1733 RIVERSIDE COUNTY COMMUNITY HEALTH AN0000002337 11/16/2021 20220120 03252022 Invoice: AN0000002337 ANIMAL SHELTER SERVICE PE 10/31/21 227213 03/25/2022 PRTD Invoice: SH0000040629 227214 03/25/2022 PRTD Invoice: 2794545 Invoice: 2794620 227215 03/25/2022 PRTD Invoice: 3956889 227216 03/25/2022 PRTD Invoice: 4524031522 1,268.40 10123000 7420 ANIMAL SERVICES CHECK 227212 TOTAL: 147 RIVERSIDE COUNTY SHERIFFS DEPT SH0000040629 03/08/2022 03252022 983.81 10141000 7623 140 SEPULVEDA BUILDING MATERIALS 2794545 312.33 21892000 8004 SEPULVEDA BUILDING MATERIALS 2794620 -150.00 21892000 8004 131 SOUTH COAST AIR QUALITY 3956889 440.15 24281000 8700 FUEL CHARGES 12/25/21-1/24/22 VEHICLE FUEL CHECK 22 7213 TOTAL: 02/16/2022 03252022 CONCRETE -RPR SIDEWALK RMC PARK REPAIR & MAINT SUPPLIES 02/16/2022 03252022 DEPOSIT CREDIT INV# 2794545 REPAIR & MAINT SUPPLIES CHECK 227214 TOTAL: 03/01/2022 LIBRARY GENERATOR #815772 MISC EXPENDITURE 03252022 CHECK 227215 TOTAL: 61 SOUTHERN CALIFORNIA EDISON COMPAN 4524031522 03/18/2022 03252022 SERVICE PE 3/15/22 (ACCT# 700275914524) 4,037.53 10133300 7603 ELECTRICITY CHECK 227216 TOTAL: 227217 03/25/2022 PRTD 2244 U.S. BANK CORPORATE PAYMENT SYSTE 7682 PE 02/22/22 02/22/2022 03252022 Invoice: 7682 PE 02/22/22 ACCT# 7682 PE 02/22/22 8,992.29 101 2011 CAL CARD -US BANK Ip 7 apcshdsb NET 195.00 40.00 40.00 1,268.40 1,268.40 983.81 983.81 312.33 -150.00 162.33 440.15 440.15 4,037.53 4,037.53 8,992.29
4-33,IIJ 03/24/2022 10:42 anac OTV~~G~ ['!s ~ ~\~\ ICity of Rancho Mirage A/P CASH DISBURSEMENTS JOURNAL CASH ACCOUNT: 999 1005 CHECKING CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE INVOICE DTL DESC PO CHECK RUN U.S. BANK CORPORATE PAYMENT SYSTE 5829 PE 02/22/22 02/22/2022 03252022 Invoice: 5829 PE 02/22/22 ACCT# 5829 PE 02/22/22 25,753.76 101 2011 CAL CARD -US BANK U.S. BANK CORPORATE PAYMENT SYSTE 0671 PE 02/22/22 02/22/2022 03252022 Invoice: 0671 PE 02/22/22 ACCT# 0671 PE 02/22/22 5,804.38 101 2011 CAL CARD -US BANK U.S. BANK CORPORATE PAYMENT SYSTE 5829 PE 03/22/22 03/22/2022 03252022 Invoice: 5829 PE 03/22/22 ACCT# 5829 PE 03/22/22 8,816.10 101 2011 CAL CARD -US BANK U.S. BANK CORPORATE PAYMENT SYSTE 0671 PE 03/22/22 03/22/2022 03252022 Invoice: 0671 PE 03/22/22 ACCT# 0671 PE 03/22/22 5,976.78 101 2011 CAL CARD -US BANK U.S. BANK CORPORATE PAYMENT SYSTE 7682 PE 03/22/22 03/22/2022 03252022 Invoice: 7682 PE 03/22/22 ACCT# 7682 PE 03/22/22 18,603.49 101 2011 CAL CARD -US BANK CHECK 227217 TOTAL: 227218 03/25/2022 PRTD 2027 WASHINGTON SPEAKERS BUREAU, INC. WSBR-PI00006353 03/17/2022 03252022 Invoice: WSBR-PI00006353 2023 RMWF SPEAKER DEPOSIT -J CARVILLE 227219 03/25/2022 PRTD Invoice: W39508 329 WESTERN PUMP, INC. 12,500.00 242 1230 PREPAID ITEMS W39508 226.58 21500500 7612 NUMBER OF CHECKS CHECK 02 /2 3 /2 022 COMPRESSOR REPAIRS MAINTENANCE CHECK 227218 TOTAL: 03252022 227219 TOTAL: 41 *** CASH ACCOUNT TOTAL*** COUNT AMOUNT TOTAL PRINTED CHECKS TOTAL EFT'S 30 11 2,023,466.82 32,006.39 *** GRAND TOTAL*** Ip 8 apcshdsb NET 25,753.76 5,804.38 8,816.10 5,976.78 18,603.49 73,946.80 12,500.00 12,500.00 226.58 226.58 2,055,473.21 2,055,473.21
5-1
TO:
FROM:
Mayor and City Council
Ben Torres, Senior Planner
DATE: April 7. 2022
SUBJECT: Development Agreement Amendment Case No. DA21 -0005 (Original Development Agreement Case No. DA 180003) -Carefield
SPECIFIC REQUEST OR RECOMMENDATION
The Planning Commission recommends that the City Council:
A. Approve the filing of a Categorical Exemption of Environmental Impact pursuant to Section 15332 of CEQA for Infill Development; and
B. Introduce Ordinance No . (Next-in-Order), 1st Reading, Approving the Amended and Restated Statutory Development Agreement by and between the City of Rancho Mirage and SH 9 Rancho Mirage, LLC.
JUSTIFICATION OR INFORMATION
PROJECT SUMMARY:
The purpose of the Amended and Restated Development Agreement ("Agreement") is to update certain operating and ownership details which have changed since the original Development Agreement was approved in 2018, and to ensure that City will use its best efforts to process and approve in a reasonably timely manner certain documents, applications, plans, and other information necessary for the completion of an assisted living facility. As part of the original entitlement package a Preliminary Development Plan (PDP18004) was also approved in 2018 for the development of the assisted living facility. The development consists of an 80,850 square foot, two-story building that will be comprised of 84 living units, common area dining and recreational amenities, landscaping, and parking.
DEVELOPMENT AGREEMENT:
This Restated Development Agreement amends and restates in its entirety the original Development Agreement from 2018 as to the Subject Property, such that this Restated Development Agreement will be the only agreement affecting the development of the subject property. The Amended and Restated Development Agreement requires that the developer obtain all necessary ministerial permits (e.g ., Building Permits, Grading Permits, etc.) and commence construction of the proposed assisted living facility within two years from the effective date of the proposed Amended and Restated Development AGENDA ITEM#
5-2
DATE: April 7, 2022 DA21-0005 Page 2 of 3
JUSTIFICATION OR INFORMATION CONTINUED
Agreement. The project will be built in accordance with the previously approved Preliminary Development Plan, see Attachment 10 for the plans. In addition, a one-year time extension may be granted by the Development Services Director to allow the developer additional time to meet this requirement.
The proposed Restated and Amended Development Agreement, like the original Development Agreement, contains provisions such as maintenance obligations, payment of an annual in-lieu assessment, and memorializes certain development standards.
ENVIRONMENTAL DETERMINATION:
This project is categorically exempt pursuant to Section 15332 of CEQA for Infill Development. A Notice of Exemption will be filed with the Riverside County Clerk once a final determination has been made by the City Council.
MAILING & NOTICING:
Municipal Code Section 17.74.020, Hearing and notice, requires that all property owners, as shown on the county's latest equalized assessment roll, within a five- hundred-foot radius of the boundaries of the subject parcel be notified of matters requiring a public hearing. If the number of property owners to whom the notice would be mailed to is less than twenty-five, then the mailing radius is required to be increased to one thousand feet as measured from the exterior boundaries of the subject parcel.
Mailing notices were sent out to property owners, within 500-foot radius fifteen days prior to the set public hearing date.
Notice is also required to be published in a local newspaper of general circulation and in public places. The subject notice was published in The Desert Sun on March 27, 2022.
The notice was also posted at City Hall, The Rancho Mirage Library & Observatory, and on the City's website on March 23, 2022.
PLANNING COMMISSION REVIEW:
The Planning Commission considered the proposed project at a duly noticed public hearing at the Planning Commission's regularly scheduled meeting on February 24, 2022. Staff presented an overview of the project, after which the public hearing was opened and members of the public were invited to testify. Only the project applicant provided public comments regarding the property's ownership and stated no changes were proposed to the assisted living facility.
Upon closing of the public hearing, the following motion was made:
MOVED/SECONDED BY GREY/MAXWELL TO RECOMMEND TO THE CITY COUNCIL:
1. THE FILING OF A CATEGORICAL EXEMPTION OF ENVIRONMENTAL IMPACT PURSUANT TO SECTION 15332 OF CEQA FOR INFILL DEVELOPMENT; AND, AGENDA ITEM#
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DATE: April 7, 2022 DA21-0005 Page 3 of 3
JUSTIFICATION OR INFORMATION CONTINUED
2. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT IN LINE] APPROVING THE PROPOSED RESTATED AND AMENDED DEVELOPMENT AGREEMENT (DA21- 0005) BY AND BETWEEN THE CITY OF RANCHO MIRAGE AND SH 9 RANCHO MIRAGE, LLC.
A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 3/0.
The full Planning Commission staff report, which contains the City Attorney's Independent Analysis on the Development Agreement Amendment, is attached.
ATTACHMENTS:
1. Planning Commission Staff Report
2. Planning Commission Minutes of the February 24, 2022 Meeting
3. Aerial Photo
4. Public Hearing Notice
5. Draft Notice of Exemption
6. Carefield Amended and Restated Development Agreement Ordinance
7. Restated and Amended Development Agreement
8. Assignment and Assumption Agreement
9. Original Development Agreement Case No. DA 180003
10. Preliminary Development Plan Exhibit Booklet Case No. PDP18004 AGENDA ITEM#
5-4
ATTACHMENT NO. 1
STAFF REPORT
TO: Planning Commission DA TE: February 24, 2022
FROM: Ben Torres, Senior Planner
Colin Kirkpatrick, Assistant City Attorney
SUBJECT: Development Agreement Amendment Case No. DA21-0005 -Carefield That the Planning Commission recommend to the City Council:
1. The filing of a Categorical Exemption of Environmental Impact pursuant to Section 15332 of CEQA for Infill Development; and,
2. Introduce and Adopt Ordinance No. [next in line] approving the proposed Restated and Amended Development Agreement (DA21-0005) by and between the City of Rancho Mirage and SH 9 Rancho Mirage, LLC
ATTACHMENTS:
1. Aerial
2. Public Hearing Notice
3. Draft Notice of Exemption
4. Ordinance No. [next in line] approving the
proposed Restated and Amended
Development Agreement (DA21 -0005 )
by and between the City of Rancho
Mirage and SH 9 Rancho Mirage, LLC
FACT/STATISTICS
1. 2.
3. 4.
5. Applicant:
Purpose of Request:
Location:
Parcel Size:
Existing Streets:
Planning Commission Staff Report
5 . Restated and Amended Development
Agreement
6. Original Development Agreement Case
No. DA180003
7. Assignment and Assumption Agreement
8. Preliminary Development Plan Exhibit
Booklet Case No . PDP18004
Carefield Solana, LLC
To amend and restate the originally approved
Development Agreement related to the
development of the project site with an assisted
living facility.
South side of Country Club Drive, just east of
John L. Sinn Road (APN: 682-010-022)
180,774 square feet; 4.15 acres
Country Club Drive and John L Sinn Road
AGENDA ITEM#
5-5
DATE: February 24 1 2022
JUSTIFICATION OR INFORMATION CONTINUED:
6. 7.
8. 9.
10. Existing Land Use:
Surrounding Land Use:
Existing General Plan/Zoning:
Surrounding General Plan/Zoning :
Environmental Information:
PURPOSE
DA21-0005 Page 2 of 5
Vacant Land
N EMC Medical Campus E: Office Building W
Assisted Living (Brookdale) S: Single Family
Dwellings in the Makena subdivision .
Office (0)
N EMC Specific Plan E: Office (0) W Office (0)
S: Very Low Density Residential (R-L-2)
Categorically exempt pursuant to Section 15332
of CEQA for Infill Development. A Categorical
Exemption will be filed with the County of
Riverside.
The purpose of the Amended and Restated Development Agreement ("Agreement") is to update certain operating and ownership details which have changed since the original Development Agreement was approved in 2018, and to ensure that City will use its best efforts to process and approve in a reasonably timely manner certain documents, applications, plans, and other information necessary for the completion of the proposed assisted living facility .
BACKGROUND
The prior property owner, Carefield SH Management, LLC, entered into a Development Agreement (see Attachment 6) with the City on December 20, 2018 . The purpose of this Development Agreement (DA 180003) was to memorialize development standards that depart from certain provisions of the Municipal Code, and to establish the framework for payment of an annual in-lieu assessment to help offset costs associated with certain medical services that are paid for by the City. All new developments within the City are required to annex into a Community Facilities District (Community Facilities District No. 1 ), which was created pursuant to the Mello- Roos Community Facilities Act, as set forth in Government Code Section 53311 et seq., for the purpose of funding certain public safety services. It was determined that the assessments which will be collected through the Community Facilities District will not fully cover the costs associated with the proposed use, because assisted living facilities are known to generate higher volumes of medical service calls than are typical of other uses permitted in the Office (0) zone.
As part of the original entitlement package a Preliminary Development Plan (PDP18004) was also approved in December 2018 for the development of the assisted living facility. The project consists of an 80,850 square foot, two-story building that will be comprised of 84 living units, common area dining and recreational amenities, landscaping, and parking.
Chapter 17.56 of the Rancho Mirage Municipal Code contains the procedures and requirements for consideration, approval and administration of Development Agreements. A Development Agreement (DA) is a contract between the City and an applicant for a development project that typically outlines development rights, fees and other requirements, including provisions to allow the project's entitlement and conditions to be based on the rules and regulations in effect at the time of approval. DA's must be reviewed by the Planning Commission and approved by the City Council via the adoption of an ordinance. Once approved, a DA is recorded with the Riverside County Clerk's Office, the rights and obligations set forth in the DA run with the land, which simply means all subsequent owners are bound by the terms and conditions of the DA until it Planning Commission Staff Report AGENDA ITEM#
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DATE: February 24 1 2022 DA21-0005 Page 3 of 5
JUSTIFICATION OR INFORMATION CONTINUED:
expires or is amended. In this case, the proposed terms in the Restated and Amended Development Agreement, if approved, would be the only ones applicable to the property.
PROPOSED AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Restated Development Agreement amends and restates in its entirety the original Development Agreement from 2018 as to the Subject Property, such that this Restated Development Agreement will be the only agreement affecting the development of the subject property . The Amended and Restated Development Agreement requires that the developer obtain all necessary ministerial permits (e.g ., Building Permits, Grading Permits, etc .) and commence construction of the proposed assisted living facility within two years from the effective date of the proposed Amended and Restated Development Agreement. The project will be built in accordance with the previously approved Preliminary Development Plan, see Attachment 8 for the plans. In addition , a one-year time extension may be granted by the Development Services Director to allow the developer additional time to meet this requirement.
The proposed Restated and Amended Development Agreement, like the original Development Agreement, contains provisions such as maintenance obligations, payment of an annual in-lieu assessment, and memorializes certain development standards. The entire draft agreement and corresponding Ordinance are attached for your review.
INDEPENDENT CITY ATTORNEY ANALYSIS
Since the proposed adoption of the Amended and Restated Development Agreement requires the adoption of an ordinance, the City Attorney is required to make determinations which address whether the City has the legal authority to adopt said ordinances .
Rancho Mirage Municipal Code Section 1.04.031 (Review And Approval Of Legal Form Of Ordinances By City Attorney) provides that "[n]o ordinance shall be deemed effective unless the City Attorney determines that the City has the authority to adopt the proposed ordinance, that the proposed ordinance is constitutionally valid under the state and federal constitutions, and that the proposed ordinance is consistent with the general powers and purposes of the City, the City's Charter, ordinances approved by the voters, and any applicable federal and/or state laws.
Legal Authority
Development Agreement Ordinance
The Development Agreement Statute, as set forth in California Government Code sections 65864 through 65869 .5 allows for the vesting of development rights to protect against later changes in planning and zoning regulations. State law permits cities to enter into development agreements with "any person having a legal or equitable interest in real property for the development of the property." See Govt C §65865(a). However, in order to approve the proposed Amended and Restated Development Agreement, it must be approved by an ordinance adopted by the City Council.
Planning Commission Staff Report AGENDA ITEM#
5-7
DATE: February 24 1 2022 DA21-0005 Page 4 of 5
JUSTIFICATION OR INFORMATION CONTINUED:
The proposed Amended and Restated Development Agreement may be approved by the City Council if the City Council finds that the provisions of the Amended and Restated Development Agreement are consistent with the General Plan .
Notwithstanding the above, because the decision to enter into a development agreement is a legislative act, the decision of the City Council is not otherwise required to be supported by findings, except for those expressly required by state law (such as the general plan consistency finding) and any local development procedures. See Native Sun/Lyon Communities v City of Escondido (1993) 15 CA4th 892, 910 .
Pursuant to Chapter 17.56 of the Rancho Mirage Municipal Code, the content of a development agreement must address the following: (1) specify the duration of the agreement; (2) specify the allowed uses for the subject property; (3) specify the density/intensity of the allowed uses; (4) describe the maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved; (5) describe the provisions , if any, for reservation or dedication of land for public purposes; (6) describe the provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees; (7) provide for a tiered amendment review procedure; and (8) provide for the possibility of subsequent discovery of health and safety issues like a compelling public necessity (e.g ., a new environmental health hazard is discovered), which would necessitate a reconsideration or amendment of the previously approved development agreement.
It is the independent opinion of the City Attorney that based on the content and findings in the Staff Report and the terms and conditions of the proposed Amended and Restated Development Agreement, that the proposed Amended and Restated Development Agreement conforms with and meets all of the above requirements . In addition, the City Attorney finds and concludes that based on the foregoing, the City Council has the legal authority to adopt the proposed Ordinance since the proposed ordinance is constitutionally valid under the state and federal constitutions, is consistent with the general powers and purposes of the City, the City's charter, ordinances approved by the voters, and applicable federal and state laws.
ENVIRONMENTAL DISCUSSION
This project is categorically exempt pursuant to Section 15332 of CEQA for Infill Development.
A Notice of Exemption will be filed with the Riverside County Clerk once a final determination has been made by the City Council.
MAILING & NOTICING
Municipal Code Section 17. 7 4 .020, Hearing and notice, requires that all property owners, as shown on the county's latest equalized assessment roll, within a five-hundred-foot radius of the boundaries of the subject parcel be notified of matters requiring a public hearing. If the number of property owners to whom the notice would be mailed to is less than twenty-five, then the mailing radius is required to be increased to one thousand feet as measured from the exterior boundaries of the subject parcel. Mailing notices were sent out to property owners, within 500- foot radius fifteen days prior to the set public hearing date.
Notice is also required to be published in a local newspaper of general circulation and in public places. The subject notice was published in The Desert Sun on February 13, 2022. The notice Planning Commission Staff Report AGENDA ITEM#
5-8
DATE: February 24, 2022 DA21-0005 Page 5 of 5
JUSTIFICATION OR INFORMATION CONTINUED:
was also posted at City Hall, The Rancho Mirage Library & Observatory, and on the City's website on February 9, 2022.
Planning Commission Staff Report AGENDA ITEM#
5-9
ATTACHMENT NO. 2
--··························· ·········----···------------·-·················--······················-----------························································· ~ CITY OF RANCHO MIRAGE
Meeting Location
PLANNING COMMISSION MEETING
THURSDAY, FEBRUARY 24, 2022 -2:00 P.M.
MINUTES
Remote Access Information iii
City of Rancho Mirage
City Hall -Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
Zoom Link:
https://us02web.zoom.us/j/86802435397?pwd =dHpMN0
hVc2JaMGZ0cXJ4L2xBY2hNQT09
Passcode:276921
Webinar ID: 868 0243 5397
Call-In No.: 1 669 900-9128 or 877 853-5257
CALL TO ORDER -2:00 P.M.
a) Flag Salute Led by Commissioner Maxwell
b) Roll Call: Bryant, Grey, Maxwell -All present
Stewart -Absent
COMMISSIONER COMMENTS
Chair Bryant thanked Ms . Dukie for her diligent efforts in assisting the Planning Commission.
NON-AGENDA PUBLIC COMMENTS
No comments on this item.
APPROVAL OF MINUTES -January 27, 2022 Regular Meeting
MOVED/SECONDED BY MAXWELL/GREY TO APPROVE THE JANUARY 27TH, 2022 REGULAR MEETING MINUTES. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 3/0.
ACTION ITEM
1. Appointment of Vice -C hairperson.
Majna Dukie, Planning Manager, presented the staff report.
Public comment: -None .
Commissioner Maxwell expressed support for the rotational method of appointment for the Vice - Chair position as described in the staff report.
2/24/2022 Planning Commission Meeting Minutes Page 1 of 3 --······················································-------·········-···········--
5-10
·--·-·····--······--------------·--················---____ .................................................................... __ _
MOVED/SECONDED BY MAXWELL/BRYANT TO APPOINT COMMISSIONER GREY AS THE VICE-CHAIR OF THE PLANNING COMMISSION. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 3/0.
2. Review and recommend to the City Council the Planning Commission annual report for 2021 .
Majna Dukie, Planning Manager, presented the staff report.
Public comment: -None .
Commissioner Maxwell noted the increase in single family home considerations by the Planning Commission over the past year, emphasizing a correlation between new home development and housing market values.
Vice-Chair Grey commended his fellow commissioners and City staff for their diligent efforts over the past year.
MOVED/SECONDED BY GREY/MAXWELL TO RECOMMEND THAT THE CITY COUNCIL RECEIVE AND FILE THE 2021 PLANNING COMMISSION REPORT. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 3/0.
PUBLIC HEARING
3. Sign Program Case No. SIPR22-0001. Applicant: Best Signs, Inc. on behalf of Desert Hummingbird, LLC. -CEQA Action: Filing of a Categorical Exemption Pursuant to CEQA Section 15311 (Class 11) for Accessory Structures. Consideration of a sign program to establish tenant signage criteria for a multi -tenant building located at 70020 Highway 111( APN: 689-151-075).
Pilar Lopez, Associate Planner, presented the staff report.
Ms. Dukie opened the public hearing.
Public comment: -None.
Ms. Dukie closed the public hearing.
MOVED/SECONDED BY MAXWELL/GREY TO APPROVE:
1. THE FILING OF A CATEGORICAL EXEMPTION OF ENVIRONMENTAL IMPACT PURSUANT TO SECTION 15311 (CLASS 11) OF CEQA FOR ACCESSORY STRUCTURES;AND
2. SIGN PROGRAM CASE NO. SIPR22 -0001, SUBJECT TO THE LISTED CONDITIONS OF
APPROVAL AND PURSUANT TO THE CONTENT AND FINDINGS IN THIS STAFF REPORT.
A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 3/0 .
2/24/2022 Planning Commission Meeting Minutes Page 2 of 3 --········································································----·························
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···························---·······················••····•·-····························-------·-----······················································------··································· 4 . Development Agreement Amendment Case No. DA21-0005 -Carefield Solana, LLC - CEQA Action: Filing of a Categorical Exemption Pursuant to CEQA Section 15332.
Consideration to restate and amend Statutory Development Agreement by and between the City of Rancho Mirage and SH 9 Rancho Mirage, LLC (original Development Agreement Case No. DA180003) regarding the development operation, and maintenance of an 84 unit assisted living facility located on the southeast corner of Country Club Drive and John L. Sinn Road. (APN: 682-010-022)
Ben Torres, Senior Planner, presented the staff report.
Commissioner Maxwell expressed support for the proposal, noting the need for assisted living facilities.
Ms. Dukie opened the public hearing.
Public comment:
Steve Barklis (via telecommunication) Managing Partner of Carefield Living, expressed he is available to answer any questions about the project. Mr. Barklis noted delays to development are due to the pandemic.
Ms. Dukie closed the public hearing .
Chair Bryant inquired if there has been an ownership change. Mr. Barklis responded to Chair Bryant stating there has not been an ownership change. Chair Bryant inquired if anything has changed from the original submittal in 2018 and Mr. Torres responded to Chair Bryant stating there have been no changes to the proposals.
Chair Bryant expressed support for the project, noting the quality of the building design and landscaping .
MOVED/SECONDED BY GREY/MAXWELL TO RECOMMEND TO THE CITY COUNCIL:
1. THE FILING OF A CATEGORICAL EXEMPTION OF ENVIRONMENTAL IMPACT PURSUANT TO SECTION 15332 OF CEQA FOR INFILL DEVELOPMENT; AND,
2. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT IN LINE] APPROVING THE PROPOSED RESTATED AND AMENDED DEVELOPMENT AGREEMENT (DA21-0005) BY AND BETWEEN THE CITY OF RANCHO MIRAGE AND SH 9 RANCHO MIRAGE, LLC.
A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 3/0.
ADJOURNMENT
With no further business to consider the Planning Commission adjourned the meeting at 2:26 p .m.
Prepared by: Tyler Fowlkes, Administrative Analyst
Date Approved by Planning Commission: March 24th , 2022 2/24/2022 Planning Commission Meeting Minutes Page 3 of 3 ----···········································-··-··-·································································------·················•········-·········· ····························· .............................. .
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DA21-0005
Carefield Project Site
ATTACHMENT NO. 3
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ATTACHMENT NO. 4
~ CITY OF RANCHO MIRAGE:
Planning Division
69-825 Highway 111
Rancho Mirage, CA 92270
[email protected]
(760) 328-2266
PUBLIC HEARING NOTICE
CITY COUNCIL MEETING
Thursday, April 7, 2022 -1 :00 p.m.
Development Agreement Amendment Case No. DA21-0005
Applicant: Carefield Solana LLC
Request: Restated and amended Statutory Development Agreement by and between the City of Rancho Mirage and SH 9 Rancho Mirage, LLC regarding the development, operation, and maintenance of an 84 unit assisted living facility (original Development Agreement Case No. DA180003).
Location: Vacant 4 .15-acre parcel located on the southeast corner of Country Club Drive and John L. Sinn Road (Assessor's Parcel No . 682-010-022).
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage CITY COUNCIL RE: consideration of the above referenced applications pursuant to Rancho Mirage Municipal Code Title 17. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 Class 32 (In-Fill Development).
The Public Hearing will be considered on Thursday, April 7, 2022, at 1 :00 p .m., in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California, at which time and place pertinent testimony will be heard. The file, including all environmental information, is available for public inspection at City Hall, Monday through Friday, between 8 a.m . and 5 p .m.
For information on how to participate in the City Council meeting remotely, please contact the City Clerk at (760) 324-4511 Ext. 488, or via email to [email protected], by 10:00 a .m . on the day of the meeting (requests received after 10:00 a .m . on meeting day may not be processed). Written comments may be submitted to the City Clerk via email to [email protected], or mailed to 69-825 Highway 111, Rancho Mirage, CA 92270 (written comments received after the meeting starts will be provided to the City Council following the meeting and be made part of the public record).
GOVERNMENT CODE § 65009 NOTICE : If you challenge this proposed activity in court, you may be limited to raising only those issues you or someone else raised at the Public
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DA21-0005 April 7, 2022
Hearing at which the consent item or application described in this notice was considered, or in written correspondence delivered to the City Council sufficiently prior to the Public Hearing to enable its consideration by them.
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Phone 760/328-2266
Community Development Department
69-825 Highway 111
Rancho Mirage CA 92270
NOTICE OF EXEMPTION
ATTACHMENT NO. 5
Fax 7 60/324-985 l
To: D Office of Planning and Research
P.O. Box 3044
!ZI Chief Deputy County Clerk
34 70 12th Street
Sacramento, CA 95812-3044 Riverside, CA 92501
Project Title/Case Nos. Development Agreement Amendment Case No. DA2 I -0005 Project Location:
Vacant 4.15-acre parcel located
on the southeast corner of
Country Club Drive and John L.
Sinn Road (APN :682-010-022)
Applicant/Representative:
Carefield Solana, LLC
201 Lomas Santa Fe Drive, Ste 500
Solana Beach, CA 92075
Project Description:
Restated and amended Statutory
Development Agreement by and
between the City of Rancho Mirage
and SH 9 Rancho Mirage, LLC
regarding the development, operation,
and maintenance of an 84 unit assisted
living facility.
Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project:
City of Rancho Mirage Ben Torres
Senior Planner
Exempt Status: (check one)
D Ministerial (Sec. 2108o(b)(1); 15268); D Declared Emergency [Sec. 2108o(b)(3); 15269(a)] D Emergency Project [Sec. 2108o(b)(4); 15269(b)(c)]; D Statutory Exemption; Code N2 _____ _ [8J Categorical Exemption. State type and Section number: CEOA Guidelines. Section 15332 Class 32.
Reasons why project is exempt: CEOA applies only to projects that have the potential for causing a significant effect on the environment. The project is Categorically Exempt pursuant to CEQA Section 15332, Class 32 and therefore a Categorical Exemption will be filed.
Lead Agency Contact Person: Ben Torres, Senior Planner
Date: ___________ _
Telephone No. (760) 328-2266
Ben Torres
Senior Planner
[8J Signed by Lead Agency Date Received for filing at OPR: _______________ _
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ATTACHMENT NO. 6
ORDINANCE NUMBER ___ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO MIRAGE, CALIFORNIA, APPROVING THE AMENDED
AND RESTATED STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF RANCHO MIRAGE AND SH 9
RANCHO MIRAGE, LLC
WHEREAS, the City of Rancho Mirage is a charter city and recognized as a political subdivision of the State of California for certain purposes; and WHEREAS, City and Carefield SH Management LLC entered into that certain Statutory Development Agreement between the City and Carefield SH Management, dated December 20, 2018, and recorded in the Official Records of the County of Riverside as Instrument Number 2019-0080171 (the "Original Development Agreement"}, regarding development of an approximately 4 .15-acre parcel of unimproved real property located on the south side of Country Club Drive, approximately 150 feet east of John L. Sinn Road, identified as Assessor Parcel Number 682-010-022 in the City of Rancho Mirage ("Subject Property") as more particularly described and depicted in Exhibit "A," attached hereto and incorporated herein by this reference; and
WHEREAS, Carefield SH Management LLC and SH 9 Rancho Mirage LLC entered into an Assignment and Assumption Agreement in accordance with the Original Development Agreement, which provided Carefield SH Management LLC may assign its rights and obligations without the consent of City, by giving prior written notice to City, so long as such assignee expressly assumes the obligations of Carefield SH Management LLC ; and
WHEREAS, SH 9 Rancho Mirage LLC ("Developer") currently owns the Subject Property; and
WHEREAS, Section 17.90.020 (Definitions of specialized terms and phrases) of Title 17 (Zoning) of the Rancho Mirage Municipal Code defines "Assisted living facility ("ALF")" as "a special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living," which consists of a "facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential"; and
WHEREAS, Developer intends to construct an 84-unit senior "assisted living facility" that will include parking facilities, recreation areas, and dining facilities ("Proposed Project"}, upon the Subject Property which is zoned O (Office); and
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WHEREAS, the City and Developer desire that this Agreement extend the term and amend and restate in its entirety the Original Development Agreement as to the Subject Property, such that this Agreement will constitute the only development agreement affecting the development of the Subject Property respecting the subject matter herein; and
WHEREAS, Developer and City acknowledge, understand and agree that the Proposed Project (as an ALF) will result in the need for additional services from the Rancho Mirage Fire Department, that are not otherwise affiliated with general office uses, in that occupants of the proposed ALF will be mostly seniors who will require personalized assistance and help with activities of daily living in addition to urgent and emergency medical assistance and transport services to and from nearby hospitals; and
WHEREAS, the City has estimated incremental cost of the additional services that will be needed from the Rancho Mirage Fire Department to accommodate the proposed ALF in current dollars is approximately Forty-Six Thousand Six Hundred Twenty-Four Dollars ($46,624 .00) ("Annua l In-Lieu Assessment") per annum; and
WHEREAS, Developer agrees to pay the City the Annual In-Lieu Assessment for as long as an ALF remains operational upon the Subject Property, with an automatic annual CPI adjustment adjusted pursuant to the Consumer Price Index published by the United States Department of Labor for the Riverside-San Bernardino-Ontario Area, designated as "All Urban Consumers (Current Series), All Items, December 2017=100", or other applicable index in the event such index is discontinued; and
WHEREAS, Developer and City acknowledge, understand and agree that the Annual In -Lieu Assessment shall be exempt from the requirements of the California Mitigation Fee Act (Government Code § 66000 et seq.) since Government Code section 66000 (b) provides that a "fee" does not include "fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq . of the California Government Code ("Development Agreement Statute") which authorizes cities to enter into real property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WHEREAS, pursuant to Section 17.56.010 of the Rancho Mirage Municipal 2 5-18
Code, the purpose of this Development Agreement is to provide assurances to the Developer that the approved Proposed Project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the Proposed Project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval in exchange for assurances that the City will receive certain benefits the City cannot otherwise unilaterally impose as conditions of approval of the Proposed Project outside the context of the negotiated Development Agreement; and
WHEREAS, this Amended and Restated Development Agreement will eliminate uncertainty in planning for and secure orderly development of the Project Site and Proposed Project, assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens; and WHEREAS, based on the foregoing recitals, the City has determined that this Amended and Restated Development Agreement is appropriate under the Development Agreement Statute and Chapter 17 .56 of the Rancho Mirage Municipal Code; and
WHEREAS, this Development Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and
WHEREAS, Chapter 17.56 of the City's Municipal Code provides that the City Council must approve a Development Agreement by ordinance; and WHEREAS, the subject Amended and Restated Development Agreement is not subject to the requirements of the California Environmental Quality Act ("CEQA") because it qualifies for the categorical exemption for in-fill development projects defined in Section 15332 of Title 24 of the California Code of Regulations; and
WHEREAS, on ____ , the City of Rancho Mirage Planning
Commission ("Planning Commission") conducted a properly noticed public hearing to consider the subject Amended and Restated Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and
WHEREAS, on ____ , subsequent to receipt of the written recommendation of the Planning Commission, the City Council conducted a properly noticed public hearing to consider the subject Amended and Restated Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the City Council.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Amended and Restated Statutory Development Agreement by and between the City of Rancho Mirage and SH 9 Rancho Mirage LLC ("Amended and Restated Development Agreement"}, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "B," subject to the terms and conditions stated therein .
SECTION 3. CEQA COMPLIANCE.
That the approval of the project is not subject to the requirements of the California Environmental Quality Act ("CEQA") because it qualifies for the categorical exemption for in-fill development projects defined in Section 15332 of Title 24 of the California Code of Regulations in that (1) the project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with any applicable zoning designation and regulations; (2) the project is located within city limits, on a project site of no more than five acres, and substantially surrounded by urban uses; (3) the project site has no value as a habitat for endangered, rare, or threatened species; (4) the project does not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the site is adequately served by required utilities and public services.
SECTION 4. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this Ordinance pursuant to Section 1 .04.010 of the Municipal Code and finds that the City Council has the authority to adopt this Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is consistent with the general power and purposes of the City as set forth in Section 1.04.031 of the Municipal Code.
SECTION 5. SEVERABILITY
That the City Council declares that, should any provIsIon, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. 4 5-20
SECTION 6. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.
SECTION 7. EFFECTIVE DATE OF AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
That in accordance with Section 17 .56.050 of the City's Municipal Code, the Amended and Restated Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance .
SECTION 8. RECORDATION OF DEVELOPMENT AGREEMENT
That in accordance with Section 17.56.050 of the City's Municipal Code, the City Clerk is hereby directed to record the fully executed Amended and Restated Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution.
SECTION 9. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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PASSED AND ADOPTED on this __ day of ____ _, 2022.
Ted Weill, Mayor
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
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EXHIBIT "A"
DESCRIPTION OF PROPERTY/PROJECT SITE
[TO BE ATTACHED]
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EXHIBIT "B"
AMENDED AND RESTATED
STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF RANCHO MIRAGE,
AND
SH 9 RANCHO MIRAGE LLC
[TO BE ATTACHED]
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rancho Mirage
City Clerk
69 -825 Highway 111
Rancho Mirage, California 92270
MAIL COPY TO:
SH 9 Rancho Mirage
201 Lomas Santa Fe Dr., Suite 50
Solana Beach, CA 92075
Attn: Steven Barklis
ATTACHMENT NO. 7
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
(Exempt from recording fees pursuant to Government Code Sections 6103 and 27383)
AMENDED AND RESTATED
STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF RANCHO MIRAGE
AND
SH 9 RANCHO MIRAGE, LLC
This Amended and Restated Statutory Development Agreement ("Agreement") is entered into this ___ day of _____ , 2022, by and between the City of Rancho Mirage, a municipal corporation located in the County of Riverside, State of California ("City"), and SH 9 Rancho Mirage, LLC, a Delaware limited liability company authorized to do business in California ("Developer"), as successor-in-interest to Carefield SH Management, LLC, pursuant to the authority of Sections 65864 et seq. of the California Government Code and Chapter 17 .56 of the Rancho Mirage Municipal Code.
RECITALS:
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code ("Development Agreement Statute"); and
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WHEREAS, the Development Agreement Statute and the Rancho Mirage Municipal Code ("RMMC") authorize the City to enter into a property development agreement with any person or entity having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WHEREAS, Developer owns an approximately 4 .15-acre parcel of unimproved real property located on the south side of Country Club Drive, approximately 150 feet east of John L. Sinn Road, identified as Assessor Parcel Number 682 -010 -022 in the City of Rancho Mirage ("Subject Property") as more particularly described and depicted in Exhibit "A," attached hereto and incorporated herein by this reference; and WHEREAS , there exists a matter of public record concerning the Subject Property a Development Agreement between the City and Carefield SH Management LLC, dated December 20, 2018, and recorded in the official records of the County of Riverside as document number 2019 -0080171 (the "Original Development Agreement"); and
WHEREAS, Section 17.90.020 (Definitions of specialized terms and phrases) of Title 17 (Zoning) of the Rancho Mirage Municipal Code defines "Assisted living facility ("ALF")" as "a special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living," which consists of a "facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential"; and WHEREAS, the City and Developer desire that this Agreement extend the term and amend and restate in its entirety the Original Development Agreement as to the Subject Property, such that this Agreement will constitute the only development agreement affecting the development of the Subject Property respecting the subject matter herein; and
WHEREAS, Developer and City acknowledge, understand and agree that the Proposed Project (as an ALF) will result in the need for additional services from the Rancho Mirage Fire Department, that are not otherwise affiliated with general office uses, in that occupants of the proposed ALF will be mostly seniors who will require personalized assistance and help with activities of daily living in addition to urgent and emergency medical assistance and transport services to and from nearby hospitals; and WHEREAS, the City has estimated incremental cost of the additional services that will be needed from the Rancho Mirage Fire Department to accommodate the proposed ALF in current dollars is approximately Forty -Six Thousand Six Hundred Twenty Four Dollars ($46 ,624.00) ("Annual In-Lieu Assessment") per annum; and WHEREAS, Developer agrees to pay the City the Annual In-Lieu Assessment for as long as a ALF remains operational upon the Subject Property; and
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WHEREAS, Developer and City acknowledge, understand and agree that the Annual In-Lieu Assessment shall be exempt from the requirements of the California Mitigation Fee Act (Government Code§ 66000 et seq.) since Government Code section 66000 (b) provides that a "fee" does not include "fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4"; and
WHEREAS, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Subject Property (as specifically described in this Agreement below), assure progressive installation of necessary improvements, ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; and
WHEREAS , . the City Council believes that such orderly development of the Subject Property will provide many public benefits to the City through the imposition of development standards and requirements under the provisions and conditions of this Agreement, including, without limitation, the creation of job opportunities and additional tax revenue for the City's general fund; and
WHEREAS, in exchange for the benefits to the City, the Developer desires to receive the assurance that it may proceed with the Project in accordance with the existing land use ordinances, subject to terms and conditions contained in this Agreement, and to secure the benefits afforded the Developer by Government Code section 65864 et seq; and
WHEREAS, it is the intent of the parties that all acts referred to in this Agreement shall be accomplished in such a way as to fully comply with the California Environmental Quality Act (California Public Resources Code §21000 et seq.) ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq .), as each may be amended from time to time; and
WHEREAS, based on the foregoing Recitals, the City has determined that this Agreement is appropriate under the Development Agreement Statute and Chapter 17 .56 of the Rancho Mirage Municipal Code; and
WHEREAS, the City will not expend any funds toward development of the Proposed Project; and
WHEREAS, Developer and City acknowledge, understand and agree that this Agreement is voluntarily entered into in consideration of the mutual benefits and rights conferred upon the parties and their reliance upon the various representations and warranties contained herein .
NOW, THEREFORE, pursuant to the authority contained in the Development
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Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code and in consideration of the mutual covenants and promises of the parties contained herein, the parties agree as follows:
AG REEM ENT:
Section 1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.
Section 2. Effective Date. Upon the effective date ("Effective Date") of the ordinance enacting this Agreement ("Enacting Ordinance"), this Agreement shall be effective as of December 20, 2021; provided, however, that if a referendum election is duly and lawfully held on the Enacting Ordinance and the Enacting Ordinance is repealed, this Agreement shall be deemed null and void as of the date of the final certification of the election results by the City Council confirming the voters repeal of the Enacting Ordinance.
Section 3. Proposed Project. The "Proposed Project" shall include the development of the Subject Property as an ALF in accordance with RMMC Chapter 17 .30, this Agreement, the duly approved Preliminary Development Plan Permit and all other related discretionary and ministerial permits and entitlements ("Project Entitlements").
Section 4. Purpose. The purpose of this Agreement is to memorialize certain development and operational standards for a senior ALF and to establish the frameworkfor payment of an annual in-lieu assessment to help offset costs of certain urgent and emergency services related to the medical and transport needs of the occupants of the proposed ALF that the parties acknowledge, understand and agree are not typically associated with other types of uses in the Office zoning district (Office). Although all new developments within the City annex into a Community Facilities District (Community Facilities District No. 1 }, which was created pursuant to the Mello-Roos Community Facilities Act , as set forth in Government Code Section 53311 et seq., for the purpose of funding certain public safety services (such as, but not limited to, urgent and emergency medical and transport services) for the benefit of the respective development, it has been determined that the assessments which will be collected through the Community Facilities District from the Subject Property will not fully cover the costs associated with the Proposed Project, because ALFs are known to generate more frequent and a higher volume of medical and transport service calls than other uses typically permitted in the Office (0) zone.
Section 5. Term. The parties acknowledge, understand and agree that the Proposed Project shall be completed within two (2) calendar years commencing on the Effective Date of this Agreement, subject to any duly approved extensions and/or early termination of this Agreement. For purposes of this Section, "completion" or "completed" shall mean (i) obtaining building permits, grading permits, or other ministerial permits for foundation work, site work, and/or construction of any of the structures, building or other
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improvements in the Proposed Project and (ii) commencement of construction and/or commencement of installation of structures, buildings and other improvements consistent with the Preliminary/Final Development Plan and this Agreement. The parties further acknowledge, understand and agree that if Developer fails to complete the Proposed Project, as described herein, prior to expiration of this term, all entitlements issued for the Proposed Project shall be deemed automatically terminated and without further force and effect, without the need of further action or documentation from the parties hereto. However, if the Proposed Project is not completed as contemplated by this section, within the term set forth herein, Developer shall be required to return the Subject Property to is original condition, unless otherwise provided by City, and any and all financial obligations owed to City by Developer up though the time of termination under this section shall be deemed immediately due and payable, subject to collection by lien, special assessment and/or any other legal or equitable remedy available to the City.
Section 6. Termination. The parties acknowledge, understand and agree that notwithstanding the provisions set forth in Section 5, termination of this Agreement under any other circumstances shall not terminate any obligation Developer owes to City, such as but not limited to payment of the Annual In-lieu Assessment, described below in this Agreement, which shall remain in force and effect so long as an ALF is being operated on the Subject Property, and which shall also remain in full force and effect to any and all of the Developer's assignees and/or successors in interest.
Section 7. Extensions. Developer shall be permitted a one (1) year time extension to allow itself additional time to obtain the Proposed Project's building and other ministerial permits and/or to allow for completion of the Project, as defined in Section 5 of this Agreement. Any such extension must be requested in writing by Developer no later than sixty (60) calendar days prior to expiration of the Term, subject to approval by the City's Development Services Director.
Section 8. Cooperation by Developer. Developer shall, in a timely manner, cooperate fully and in good faith, with providing the City with all documents, applications, plans and other information necessary for the City to carry out its obligations hereunder, and cause Developer's planners, engineers, and all other consultants to submit in a timely manner all required materials and documents therefor.
Developer also shall apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Subject Property as may be required for the development of the Proposed Project, as contemplated by this Agreement.
Section 9. Cooperation by City. City shall, in a timely manner, cooperate fully and in good faith, with processing all documents, applications, plans and other information necessary for completion of the Proposed Project, provided that Developer's planners, engineers , and all other consultants to submit in a timely manner all required materials and documents to the City and Developer applies in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies
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having jurisdiction over the Subject Property as may be required for the development of the Proposed Project, as contemplated by this Agreement.
Section 10. Applicable Rules, Regulations and Policies. Except as otherwise provided in this Agreement, Developer shall have the right develop the Proposed Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards, in effect on the Effective Date of this Agreement, as set forth in this Agreement, Project entitlements, Title 17 ("Zoning") of the Rancho Mirage Municipal Code, and all other applicable state, federal and local laws, rules, and regulations (collectively, "Applicable Law"). In light of the foregoing, City shall apply the Applicable Law when considering any actions or decisions pertaining to both discretionary and ministerial permits related to the Proposed Project and Project Site . It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, density and intensity of use of the Proposed Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Proposed Project as set forth in the Project Entitlements and this Agreement.
(a) In accordance with Government Code Section 65866, nothing herein shall be construed to limit City's authority to apply new rules, regulations and policies to the Proposed Project which do not conflict with the Applicable Law, nor to limit City's police power to implement, based upon appropriate and adequate findings, specific emergency measures necessary to protect against real and actual threats to the health and safety of City residents.
(b) Notwithstanding anything to the contrary contained in this Agreement, City may apply to the Proposed Project, at any time during the term of this Agreement, the then-current California Building Code, California Fire Code, and other uniform construction codes (collectively, "Uniform Codes"), provided that any such uniform code shall apply to the Proposed Project only to the extent that such code has been adopted by City, and is in effect on a City-wide basis . In the event any Uniform Codes materially impacts the Developer's rights as set forth herein, the parties shall work in good faith to resolve any such issue to the mutual satisfaction of both Parties. For purposes of this subsection, the City's Development Services Director shall have the authority to make minor modifications to resolve any such conflict. For purposes of this section, "material impact" shall not include monetary impacts resulting in additional costs to Developer, but conflicts which would result in the outright prohibition of one of Developer's listed rights herein .
(c) As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Proposed Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations ("Changes in the Law"). In the event Changes in the Law prevent or preclude compliance with one or
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more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with the Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement.
Section 11. Funding for Processing Agreement and Entitlements Described Therein. The actual costs for all services provided by the City and its consultants, including legal counsel, for review, preparation and processing of this Agreement and the entitlements described herein shall be paid by Developer. All such costs shall not be obligations of the City or any of its departments, and the City shall not be liable for any such costs from its general fund or any other fund. In addition, to the extent that City, on behalf of Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Subject Property as described in this Agreement, Developer shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreements . Any fees, assessments or other amounts payable by City pursuant to any such agreements described herein shall be borne by Developer.
Section 12. Processing Fees. Developer shall pay all land use approvals, building permits or other similar permits, licenses or entitlements which are in force and effect on a City-wide basis at the time application is made for such permits, licenses or entitlements at the time such fees are due and payable during the development process .
Section 13. Annual In-lieu Assessment. In addition to Developer's payment obligations pursuant to Section 15 (Exactions) of this Agreement, Developer shall pay the City the Annual In-Lieu Assessment of $46,624.00 for as long as the Proposed Project remains operational upon the Subject Property, unless this requirement is otherwise amended in accordance with the amendment provisions set forth herein. The Annual In-Lieu Assessment shall be paid to the City in quarterly installments as follows:
Developer shall pay the City the cash equivalent of one -quarter (1/4) the amount of the Annual In-Lieu Assessment no later than March 28, June 28, September 28, and December 28 of each year, marked with a notation that any such quarterly payment is made pursuant to DA180003 and DA21 -0005 and represents ¼ of the Annual In-Lieu Assessment. The Annual In-Lieu Assessment shall automatically be adjusted pursuant to the Consumer Price Index published by the United States Department of Labor for the Riverside-San Bernardino-Ontario Area, designated as "All Urban Consumers (Current Series), All Items, December 2017=100, or other applicable index in the event such index is discontinued.". Developer and the City understand, acknowledge and agree that the Annual In-Lieu Assessment shall be exempt from the requirements of the California Mitigation Fee Act (Government Code § 66000 et seq .) since Government Code section 66000 (b) provides that a "fee" does not include "fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4.
Section 14. Development Impact Fees. Developer shall pay all development
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impact fees that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project (including any species protection or habitat preservation or conservation mitigation fees) that are in effect at the time such fees are due and payable during the development process. Such fees shall be paid prior to issuance of any building permits in connection with the PDP .
Section 15. Exactions. Developer shall pay or provide, as the case may be, all exactions, in-lieu fees or payments, dedication or reservation requirements, obligations for on-site or off-site improvements, construction requirements for public improvements, facilities, or services required of the Proposed Project or Subject Property, whether such requirements constitute subdivision improvements, mitigation measures in connection with environmental review, or impositions made under any applicable ordinance or other applicable regulation.
Section 16. Maximum Building Height, Project Size and Other Project Attributes. No more than an 84-unit assisted living facility (ALF) shall be permitted and Developer shall comply with the following requirements:
Assisted Living Units:
• 500 square foot room size (minimum unit size);
• 90% of the units shall be outfitted with functional patios or balconies; and • Overnight stays by prospective residents and guests, including without limitation friends or relatives, shall only be permitted in designated respite rooms.
• Only one (1) room shall be used for respite purposes.
Memory Care Units :
• 350 square foot room size (minimum unit size for single occupancy); • 41 O square foot room size (minimum unit size for companion rooms); • Double occupancy only for companion rooms (as set forth in the PDP application); and
• Overnight stays by prospective residents and guests, including without limitation friends or relatives, shall only be permitted in designated respite rooms .
• Only one (1) room shall be used for respite purposes .
Facility:
• Snack stations shall be installed on the first and second floors near the fitness center and activity room respectively.
• Private recreation facilities shall be provided and maintained as set forth in the PDP;
• Private dining facilities shall be provided and maintained as set forth in the PDP;
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• Parking shall be provided and maintained as set forth in the PDP. (The Development Services Director, or designee, shall have the discretion to require installation of nine future parking stalls as set forth in the PDP should it be determined they are needed due to increased parking demands or increased or unanticipated parking impacts); • Landscaping shall be installed and maintained as set forth in the PDP; and • Site coverage shall be limited as set forth in the PDP.
For the life of the Proposed Project, the interior and exterior features of the assisted living facility shall be maintained in a first-class condition, and shall be maintained in compliance with all Federal, State, and local licensing requirements.
Developer shall provide housing, dining and recreational services primarily for the elderly occupants on a 24 hour/7 day basis pursuant to month-to-month rental agreements . The parties hereto acknowledge that the Proposed Project shall be a Residential Care Facility for the Elderly (RCFE) which, according to California Health and Safety Code Section 1569 et seq., means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility.
For purposes of this section, "first-class condition" means being amongst the first, highest, or best operating ALFs (in the State) known for its foremost excellence or highest quality and first-rate services using the best equipment and practices available in the ALF industry.
Section 17. Reservation or Dedication of Real Property. Developer shall grant the necessary easements or dedicate by deed certain real property to the City for specified public purposes as may be required by the PDP, any extension thereof, or any other entitlement that may be granted to Developer by the City in connection with the Proposed Project.
Section 18. Community Facilities District No. 1. Developer acknowledges the existence of "Community Facilities District No. 1" (sometimes, "District"), which was created pursuant to the Mello-Roos Community Facilities Act, as set forth in Government Code Section 53311 et seq. for the purpose of funding certain public safety services. If the Proposed Project and Subject Property are currently subject to the assessments of Community Services District No . 1, Developer voluntarily consents that it will not vote or otherwise support the dissolution of said District. In the event said District formally dissolves, Developer shall consent to paying an in-lieu assessment in a manner and form, deemed acceptable by the City, as though the District had never dissolved . If, however, the Proposed Project or Subject Property is not currently subject to the assessments of Community Facilities District No . 1, Developer voluntarily consents to take whatever affirmative action it needs to take on its part to ensure that the Proposed Project and Subject Property are subject to the assessments of the Community Facilities District No . 1, which includes without limitation, voting to annex to
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said District. Developer and the City understand, acknowledge and agree that payment of an in-lieu assessment shall be exempt from the requirements of the California Mitigation Fee Act (Government Code§ 66000 et seq.) since Government Code section 66000 (b) provides that a "fee" does not include "fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4.
Section 19. Covenants Running with the Land and Constructive Notice. All of the terms, provisions, and obligations contained in this Agreement shall be binding upon Developer and its heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Subject Property or Proposed Project, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of the City and its successors and assigns. As such, all of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the State of California. Notwithstanding the above, every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Subject Property or Proposed Project shall be deemed to have consented and agreed to every provision contained in this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Subject Property or Proposed Project.
Section 20. City's Obligations. The City shall approve the permits, licenses and other entitlements as describe in this Agreement pursuant to the provisions contained herein and all applicable rules, regulations, standards, policies and standards in effect at the time of the Effective Date of this Agreement, unless health and safety concerns warrant otherwise.
Section 21. Periodic Review. The City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. The City will review the extent of good faith compliance by Developer with the terms of this Agreement annually commencing on the first anniversary of the Effective Date of this Agreement. (b) Notice. The City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto.
(C) Good-faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement.
(d) Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as the City, in the exercise of its reasonable discretion, may require .
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(e) Cost of Annual Review. The costs incurred by City in connection with the annual review shall be borne by Developer.
(f) Failure to Conduct Review. The City's failure to conduct an annual review of this Agreement shall not constitute a breach of this Agreement.
Section 22. Relationship of Parties. It is specifically understood and agreed by and between the parties that the development of the Subject Property is a private development and that neither party is acting as the agent of the other in any respect hereunder. The City and Developer also hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners .
Section 23. No Third-Party Beneficiaries. The only parties to this Agreement are Developer and the City . There are no third-party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.
Section 24. Assignment. Developer shall have the right to assign its rights and obligations under this Agreement, by giving prior written notice to the City, to any entity in which Developer, or its principal shareholders, retain a majority ownership interest so long as such assignee expressly assumes the obligations of Developer hereunder.
Otherwise, Developer may not assign all or any portion of its rights hereunder nor delegate all or any portion of its duties and obligations hereunder without the prior written consent of the City, which consent shall not be unreasonably withheld .
Section 25. Estoppel Certificate. For and in consideration of entering into this Agreement, the parties hereto acknowledge the receipt of good and valuable consideration. This paragraph shall constitute an Estoppel Certificate and shall be an independent agreement between the parties which is intended to and shall survive any subsequent determination that this Agreement is invalid for any reason, by a final court decision, having jurisdiction thereof. Developer represents to the City that it has no actual knowledge of any claims, as herein below defined, against City specifically pertaining to the matters set forth in this Agreement. For purposes of this Section, "claims" are defined as all known claims, fees, demands, costs, damages, obligations, expenditures, remedies , liens, rights or arbitration, rights of action and/or causes of action, whether compensatory or punitive, legal or equitable. This estoppel certificate legally bars Developer from filing claims of which it had actual knowledge at the time of the approval by the City of this Agreement.
Section 26. Hold Harmless. Developer hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer or
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Developer's contractors', subcontractors', agents or employees' operations under this Agreement, whether such negligent or other operations be by Developer or by any of Developer's contractors, subcontractors, agents or employees.
Section 27. Indemnification. Developer shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees}, which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Proposed Project or Subject Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Subject Property; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding.
Notwithstanding the above, the City, at is sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel.
Section 28. Severability. If any term, provision, covenant or condition of this Agreement is repealed by referendum or is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
Section 29. Singular and Plural; Gender; and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity .
Section 30. Time Is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.
Section 31. Delays in Performance. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion, major acts of terrorism occurring in the United States of America, riots,
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strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, or restrictions imposed or mandated by governmental or quasi -governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either party within (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon .
Section 32. Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 31 "Delays in Performance," the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of thirty (30) days after the dispatch of a written notice of default from the other party shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such 30-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or whether any further building permits shall be issued with respect to the Subject Property.
Section 33. General Default Remedies. After notice and expiration of the 30- day period without cure , the non-defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement pursuant to Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief. Any rights or remedies available to non-defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement shall be distinct and separate, providing the non -defaulting party with cumulative rights and remedies . None of such rights or remedies, whether or not exercised by the non-defaulting party, shall be deemed to exclude any other rights or remedies available to the non-defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the non-defaulting party considers appropriate.
Section 34. Legal Action; Attorneys' Fees. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. The prevailing party in any such action shall be entitled to its reasonable attorneys' fees and costs to be paid by the losing party.
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Section 35. Developer Default. No building permit shall be issued or building permit application accepted for any structure on the Subject Property after Developer is determined by the City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Developer or is waived by the City. If the City terminates this Agreement because of Developer's default, then the City shall retain any and all benefits, including money or land received by the City hereunder.
Section 36. Waiver. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to an Event of Default. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by the other party in the future . In addition, no express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time specified in such express waiver.
Section 37. Amendments. This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with the City's costs payable by amendment applicants, in accordance with the provisions of Government Code Section 65867 and 65868 and the City's adopted procedures and requirements for the consideration and reconsideration of development agreements.
Section 38. Ambiguities or Uncertainties. The parties hereto have mutually negotiated the terms and conditions of this Development Agreement and each party received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein . As such, this Agreement is a product of the joint drafting efforts of both parties and neither party shall be deemed to have solely or independently prepared or framed this Agreement.
Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party .
Section 39. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California .
Section 40. Nexus/Reasonable Relationship Challenges. Developer consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.
Section 41. Civil Code Section 1542 Waiver. Developer hereby waives any and all rights they or their successors and assigns may have under Article XIIIC or Article XIIID of the California Constitution and any and all rights they or their successors and assigns may have under any other applicable law to contest the fees, exactions and
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assessments and/or their amounts payable to the City under this Agreement as follows:
In furtherance of the intentions of the parties to this Agreement, Developer with and under advice of counsel, hereby expressly waives any and all right and benefit conferred upon Developer by the provisions of Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims which a
creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Developer further expressly waives any and all rights and benefits conferred upon Developer by any provision of any other state, federal or local statute, code, ordinance or law similar to Section 1542 of the Civil Code. Developer expressly consents that the waiver of rights contained in the first paragraph shall be given full force and effect, according to the express terms and provisions of the instant waiver, to unknown and unsuspected claims, demands and causes of action, if any, arising out of or relating to the waiver of rights contained in this A_greement.
Initials:
Section 42. Venue. In the event that suit is brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
Section 43. No Damages Relief Against City. The parties acknowledge that the City would not have entered into this Agreement had it been exposed to damage claims from Developer for any breach thereof. As such, the parties agree that in no event shall Developer be entitled to recover damages against City for breach of this Agreement.
Section 44. Notices. Any notice or communication required hereunder between City or Developer shall be in writing, and may be given either personally or by registered mail, return-receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any
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of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
To City:
To Developer:
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
Attn : City Manager
SH 9 Rancho Mirage
201 Lomas Santa Fe Dr., Suite 500
Solana Beach, CA 92075
Attn: Steven Barklis
Section 45. Entire Agreement. This Agreement and the exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the exhibits attached hereto, any prior correspondence, memoranda, agreements (other than those attached hereto), including without limitation the Original Development Agreement, warranties or representations are superseded in total by this Agreement and the exhibits attached hereto.
Section 46. Recordation. In order to comply with Section 65868 .5 of the Development Agreement Statute, the parties do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with the Riverside County Recorder's Office within ten (10) days after the Enacting Ordinance takes effect. Any amendments to this Agreement shall be recorded in accordance with all applicable laws and as directly by the City Attorney.
Section 47. Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.
Section 48. Minor Revisions. Minor revisions to the entitlements related to the Proposed Project or Subject Property shall not require an amendment to this Agreement, provided that the City Manager or designee finds and determines that the proposed change or modification is consistent with the development standards and guidelines set forth in this Agreement and Applicable Laws. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.
City of Rancho Mirage
By:------------
Ted Weill, Mayor
ATTEST:
By:------------
Kristie Ramos, CMC, City Clerk
APPROVED AS TO FORM:
By:------------
Steven B. Quintanilla,
City Attorney
SH 9 Rancho Mirage, LLC
By Its Manager
*Signatures must be notarized.
APPROVED AS TO FORM:
By: ---------Leg a I Counsel
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EXHIBIT "A"
Subject Property
Legal Description & Depiction
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Legal Description
APN: 682-010-022
All that portion of the north half of northwest quarter of fractional Section 7, Township 5 south, Range 6 East, San Bernardino base and meridian, in the City of Rancho Mirage, County of Riverside, State of California, as shown by United States Government.
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RECORDING REQUESTED BY:
City of Rancho Mirage
2022-0149416
03/29/2022 10:18 AM Fee: $ 0.00
Recorded i n Official Record s
County of Riverside
Peter Aldana
ATTACHMENT NO. 8
AND WHEN RECORDED MAIL TO:
Assessor -County Clerk-Recorder
1111 ~ t~ ~rri l.~llW ~~iljl~f 11111
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, California 92270
Attention: City Clerk
APN: 682-010-022
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
(Exempt from recording fees pursuant to Government Code Sections 6103 and 27383)
ASSIGNMENT AND ASSUMPTION
AGREEMENT
(Statutory Development Agreement
by and between .
City of Rancho Mirage and Carefield SH Management LLC}
This Assignment and Assumption Agreement (hereinafter, "Agreement") is entered into thi ~Bay of February 2022 (hereinafter, "Effective Date"), by and between Carefield SH Management, LLC, hereinafter referred to as the "Assignor," and SH 9 Rancho Mirage, LLC, a Delaware limited liability company authorized to do business in California, hereinafter referred to as "Assignee," with the Assignor and Assignee together sometimes hereinafter referred to as the "Parties."
RECITALS
WHEREAS, the Rancho Mirage City Council previously approved an Ordinance approving the Statutory Development Agreement by and between the City of Rancho Mirage and Carefield SH Management LLC (the "Origina l Development Agreement"), establishing development obligations for the use and development of a Assisted Living Facility on the Subject Property, as defined below; and WHEREAS, Assignee now owns that certain approximately 4.15-acre parcel of unimproved real property located on the south side of Country Club Drive, approximately 150 feet east of John L. Sinn Road, identified as Assessor Parcel Number 682-010-022 in the City of Rancho Mirage ("Subject Property") as more particularly described and 1 5-44
depicted in Exhibit "A," attached hereto and incorporated herein by this reference; and WHEREAS, as required by the Original Development Agreement, Assignor may assign its rights and obligations to any entity without the consent of City, by giving prior written notice to City, so long as such assignee expressly assumes the obligations of Developer hereunder; and
WHEREAS, concurrent with the execution of this Agreement, City of Rancho Mirage is considering an Amended and Restated Development Agreement ("Amended and Restated Development Agreement"), subject to City Council's approval; and WHEREAS, the Amended and Restated Development Agreement shall restate, amend, and substitute for the Original Development Agreement in its entirety as to the Subject Property, such that the Amended and Restated Development Agreement will constitute the only development agreement affecting the Subject Property; and WHEREAS, now, Assignor desires to assign to Assignee and Assignee desires to assume, all Assignor's rights and obligations under the Original Development Agreement, as may be amended by the Amended and Restated Development Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns to Assignee, all of Assignor's rights, title, interest, and obligations as set forth in Original Development Agreement, and Assignee hereby accepts such assignment and agrees to assume and be bound by the terms of the Original Development, as follows:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein .
Section 2. ASSIGNMENT
Assignor does hereby transfer and assign unto Assignee all of Assignor's rights, title, and interests under Original Development Agreement and associated entitlements, as of the Effective Date.
Section 3. ASSUMPTION
Assignee assumes and agrees to perform all of the obligations, covenants and liabilities contained in Original Development Agreement and associated entitlements, as of the Effective Date, and agrees to perform and satisfy all the terms and conditions to the same extent as though Assignee had originally been issued said entitlements and entered into such Original Development Agreement.
Section 4 . NO RELEASE
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Assignor agrees that it shall not be released from claims or damages of any kind whatsoever, if any, the City may pursue against Assignor under the Original Development Agreement and associated entitlements.
Section 5. CONTINUED EFFECTIVENESS
All terms, conditions and covenants under Original Development Agreement and associated entitlements shall remain in effect with respect to Assignee, subject to any subsequent amendments which may be approved by the City, as appropriate. In the event any terms, conditions and/or covenants require Assignor's consent, action or inaction, Assignor agrees to be bound by such terms as though solely obligated to perform, but in no event shall Assignee be relieved of any such obligation.
Section 6. SUCCESSORS AND ASSIGNS
This Agreement shall be binding on and inure to the benefit of Assignor and Assignee and their respective successors and assigns.
Section 7. ATTORNEYS' FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 8. MODIFICATIONS
This Agreement may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by each party. The parties hereto do not intend to confer any benefit hereunder on any person, firm, corporation or entity, other than City, Assignee and their successors and assigns.
Section 9. ASSIGNMENTS
This Agreement shall not be assignable by either party without the prior written consent of the other party.
Section 10. GOVERNING LAW AND VENUE
This Agreement shall be governed t>y, interpreted under, construed and enforced in accordance with, the laws of the State of California . This Agreement is made and entered into in the County of Riverside, State of California, and any legal actions or proceedings arising from or related to this Agreement shall be brought in the County of 3 5-46
Riverside, State of California .
Section 11. SEVERABILITY
Every provision of this Agreement is intended to be severable. If any provision of this Agreement or the application of any provision hereof to any party or circumstance is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction , such invalidity shall not affect the other terms and provisions hereof or the application of the provision in question to any other party or circumstance, all of which shall continue in full force and effect.
Section 12. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the Parties when at least one copy hereof shall have been signed by both parties hereto. Electronic signatures shall be deemed one and the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart .
Section 13. COMPLETE AGREEMENT
This Agreement sets forth the entire agreement between the parties with respect to the subject matter contained herein, including agreements, covenants, representations and warranties, express or implied, oral or written . No earlier agreements, covenants, representations, express or implied oral or written have been made or relied on by any party. This Agreement supersedes all prior agreements and understandings.
Section 14. THIRD-PARTY BENEFICIARY
The parties hereby expressly covenant and agree that the City of Rancho Mirage shall be a third -party beneficiary to this Agreement, and this agreement shall be binding for the benefit and the favor, and enforceable, in whole or in part, by the City of Rancho Mirage and its successors and assigns, however the City shall have no obligation to do so.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above, except as provided below.
ASSIGNOR:
CAREFIELD SH MANAGEMENT, LLC
Carefield Solana, LLC, a Delaware
limited liability company, its Manager
Steven Bark/is, Manager
CONSENT TO ASSIGNMENT AND
ASSIGNEE:
SH 9 RANCHO MIRAGE, LLC
MKP Two, LLC, a Delaware limited
liability company, its Manager
MayurPE1fef,Mariager
ASSUMPTION AND THIRD-PARTY BENEFICIARY:
APPROVED AS TO CONTENT:
~¼~
Isaiah Hagerman, City Manager
Kriste Ramos, City Clerk
APPROVED AS TO FORM:
(-u.,--Colin Kirkpatrick , Assistant City Attorney
'Dc.~lcl "Tr•"'•"'"',.-\)e('vt-.--C ~\...>-A-r\.-11.,.. .. ..-;,- 5 5-48
EXHIBIT "A"
LEGAL DESCR IPTION AND DEPICTION OF THE SUBJECT PROPERTY [SEE ATTACHED]
6 5-49
Legal Description
APN: 682-010-022
All that portion of the north half of northwest quarter of fractional Section 7, Township 5 south, Range 6 East, San Bernardino base and meridian, in the City of Rancho Mirage, County of Riverside, State of California, as shown by United States Government. 7 5-50
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
i!l'l00',~~{l,~!'lffll Notary Public • California z i ~ Orange County i!i ~ / Commission II 2318 248 - My Comm. Expires Jan 9, 2024
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal and/or Stamp Above
Signature /}{ (L~.{dMJ-,
Signature o Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ~C.{(),tl/1:'l,(lq( t ...,... ~;c..,lbfl,,IJY/ tJc: tli~t.J:
Document Date: ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Ind ividua l □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Trustee □ Guardian or Conservator □ Other: □ Other: _____________ _
Signer is Representing: ________ _ Signer is Representing : ________ _ ~f.8#llfJ<6l-8l-!r.mfl@tmftll«J,18~!98-00flll~J•t}){l!g.~~~r.ll!.ll6.'ffi~I0.'8@Wm1~.{~dl ©2018 National Notary Association
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 San Diego }
On --=M=ar"-"c=h--=2'""", =2-=02=2=-------' before me, Zulma F Munoz ~N=o~ta=ry---=-P-=ub-=l=ic~, ___ personally appeared
Steven N. Barklis
who proved to me on the basis of satisfactory evidence to be the person~ whose name~·e subscribed to the within instrument and acknowledged to me tha tfi9's~~y executed the same it@ lier/t~~r authorized capacity~), and that by~·/t~ir signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
• • • • e • • e i ZULMA F. MUNOZ
COMM. #2356724 z
Notary Public • Ca ll fornla ~
San Diego County ...
Comm. Ex ires Ma 8 2025
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document: Assignment and Assumption Agreement Document Date: ________________ Number of Pages: ______ _ Signer(s) Other than Named Above: ____________________ _
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ATTACHMENT NO. 9
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rancho Mirage
City Clerk
69-825 Highway 111
Rancho Mirage, California 92270
MAIL COPY TO:
2019-0080171
03/08/201~ 02:54 PM Fee: $ 0 .00
Recorded in Official Records
County of Riverside
Carefield SH Management, LLC
205 Lomas Santa Fe Dr., Suite 450
Solana Beach, CA 92075
Attn: Steven Barklis
Pet.er Aldana
i~ii'.~~j1jiiii1tiil11 111
7 S / (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383)
STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF RANCHO MIRAGE
AND
CAREFIELD SH MANAGEMENT, LLC
Cf) Te This Development Agreement (" Agreement") is entered into this ~ay of t6x:nk:Jet: , 2018, by and between the City of Rancho Mirage, a municipal corporation located in the County of Riverside, State of California ("City"), and Carefield SH Management, LLC, a Delaware limited liability company ("Developer"), pursuant to the authority of Sections 65864 et seq. of the California Government Code and Chapter 17 .56 of the Rancho Mirage Municipal Code.
RECITALS:
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code ("D evelopment Agreement Statute"); and
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WHEREAS, the Development Agreement Statute and the Rancho Mirage Municipal Code ("RMMC") authorize the City to enter into a property development agreement with any person or entity having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WH E REAS, Developer is a limited liability company organized under the laws of the State of Deleware and is in good standing thereunder, as of November 1, 2018; and WH EREAS, Developer is under contract to purchase an approximately 4.42 -acre parcel of unimproved real property located on the south side of Country Club Drive, approximately 150 feet east of John L. Sinn Road, identified as Assessor Parcel Number 682 -010-022 in the City of Rancho Mirage ("Subject Property") as more particularly described and depicted in Exhibit "A," attached hereto and incorporated herein by this reference; and
WH EREAS, Developer intends to construct an 84 -unit senior "assisted living facility" that will include parking facilities, recreation areas, and dining facilities ("Proposed Project"), upon the Subject Property which is zoned O (Office) pursuant to the 2017 Rancho Mirage General Plan; and
WH EREAS, Section 17.90 .020 (Definitions of specialized terms and phrases) of Title 17 (Zoning) of the Rancho Mirage Municipal Code defines "Assisted living facility (ALF)" as "a special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living," which consists of a "facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential"; and WH E REAS, Table 2-4 (Allowable Uses and Permit Requirements for Commercial and Industrial Zoning Districts) of Section 17 .10.012 (Allowable commercial and industrial zone uses, permit requirements and project review authority) of Title 17 (Zoning) permits ALFs in an O (Office) zone subject to a development plan permit approved pursuant to Chapter 17.42 (Development Plan Permits) of Title 17 (Zoning); and
WH EREA S , the application for this Agreement was considered by the Planning Commission and the City Council at duly noticed public hearings in accordance with the Development Agreement Statute and RMMC Chapter 17.56; and WH EREAS, Developer acknowledges the existence of "Community Facilities District No. 1" ("CFO No . 1 ") which was created pursuant to the Mello -Roos Community Facilities Act, as set forth in Government Code Section 53311 et seq. for the purpose of funding certain public safety services, and further acknowledges that the Subject Property is currently subject to the assessments of CFO No. 1; and
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WHEREAS, Developer and City acknowledges, understand and agree that the Proposed Project (as an ALF) will result in the need for additional services from the Rancho Mirage Fire Department, that are not otherwise affiliated with general office uses , in that occupants of the proposed ALF, will be mostly seniors who will require personalized assistance and help with activities of daily living in addition to urgent and emergency medical assistance and transport services to and from nearby hospitals; and WH ERE AS, The City has estimated that the incremental cost of the addition;:il services that will be needed from the Rancho Mirage Fire Department to accommodate the proposed ALF in current dollars is approximately Forty Six Thousand Six Hundred Twenty Four Dollars ($46,624.00) (Annual In-Lieu Assessment) per annum; and WH ER EA S, Developer agrees to pay the City the Annual In -Lieu Assessment for as long as a ALP remains operational upon the Subject Property; and WH EREA S , Developer and City acknowledge, unde rstand and agree that the Annual In -Lieu Assessment shall be exempt from the requirements of the California Mitigation Fee Act (Government Code§ 66000 et seq .) since Government Code section 66000 (b) provides that a "fee" does not include "fees collected under development agreements adopted pursuant to Article 2.5 ( commencing with Section 65864) of Chapter 4"; and
WH E REAS , this Agreement will eliminate uncertainty in planning for and securing orderly development of the Subject Property (as specifically described in this Agreement below), assure progressive installation of necessary improvements, ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; and
WH E REA S, the City Council believes that such orderly development of the Subject Property will provide many public benefits to the City through the imposition of development standards and requirements under the provisions and conditions of this Agreement, including, without limitation, the creation of job opportunities and additional tax revenue for the City's general fund; and
WH ERE A S , in exchange for the benefits to the City, the Developer desires to receive the assurance that it may proceed with the Project in accordance with the existing land use ordinances, subject to terms and conditions contained in this Agreement, and to secure the benefits afforded the Developer by Government Code section 65864 et seq .
WH ERE A S , it is the intent of the parties that all acts referred to in this Agreement shall be accomplished in such a way as to fully comply with the California Environmental Quality Act (California Public Resources Code §21000 et seq.) ("CEQA") and the State CEQA Guidelines (California Code of Regulations , Title 14, §15000 et
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seq.), as each may be amended from time to time; and
WHEREAS, based on the foregoing Recitals, the City has determined that this Agreement is appropriate under the Development Agreement Statute and Chapter 17 .56 of the Rancho Mirage Municipal Code; and
WHEREAS, the City will not expend any funds toward development of the Proposed Project; and
WHEREAS, Developer and City acknowledge, understand and agree that this Agreement is voluntarily entered into in consideration of the mutual benefits and rights conferred upon the parties and their reliance upon the various representations and warranties contained herein.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code and in consideration of the mutual covenants and promises of the parties contained herein, the parties agree as follows:
AGREEMENT:
Section 1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.
Section 2. Effective Date. This Agreement shall be effective upon the effective date ("Effective Date") of the ordinance enacting this Agreement ("Enacting Ordinance"); provided, however, that if a referendum election is duly and lawfully held on the Enacting Ordinance and the Enacting Ordinance is repealed, this Agreement shall be deemed null and void as of the date of the final certification of the election results by the City Council confirming the voters repeal of the Enacting Ordinance.
Section 3. Subject Property. The "Subject Property" is the real property, as more particularly described and depicted in Exhibit "A," upon which the Proposed Project will be developed in accordance with this Agreement, Section 4. Proposed Project. The "Proposed Project" shall include the development of the Subject Property as an ALF in accordance with RMMC Chapter
17.30, this Agreement, the duly approved Preliminary Development Plan Permit and all other related discretionary and ministerial permits and entitlements ("Project Entitlements").
Section 5. Purpose. The purpose of this Agreement is to memorialize certain development and operational standards for a senior ALF and to establish the framework for payment of an annual in -lieu assessment to help offset costs of certain urgent and emergency services related to the medical and transport needs of the occupants of the proposed ALF that the parties acknowledge, understand and agree are not typically
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associated with other types of uses in an O (Office). Although all new developments within the City annex into a Community Facilities District (Community Facilities District No. 1 ), which was created pursuant to the Mello-Roos Community Facilities Act, as set forth in Government Code Section 53311 et seq., for the purpose of funding certain public safety services (such as, but not limited to, urgent and emergency medical and transport services) for the benefit of the respective development, it has been determined that the assessments which will be collected through the Community Facilities District from the Subject Property will not fully cover the costs associated with the Proposed Project, because ALFs are known to generate more frequent and a higher volume of medical and transport service calls than other uses typically permitted in the Office (0) zone.
Section 6. Term. The parties acknowledge, understand and agree that the Proposed Project shall be completed within three (3) calendar years commencing on the Effective Date of this Agreement , subject to any duly approved extensions and/or early termination of this Agreement. For purposes of this Section, "completion" shall mean obtaining building permits, grading permits, or other ministerial permits for foundation work, site work, and/or construction of any of the structures, building or other improvements in the Proposed Project. The parties further acknowledge, understand and agree that if Developer fails to complete the Proposed Project, as described herein, prior to expiration of this term, all entitlements issued for the Proposed Project shall be deemed terminated and without further force and effect, without the need of further documentation from the parties hereto. However, if the Proposed Project is not completed as contemplated by this section, within the term set forth herein, Developer shall be required to return the Subject Property to is original condition, unless otherwise provided by City, and any and all financial obligations owed to City by Developer up though the time of termination under this section shall be deemed immediately due and payable, subject to collection by lien, special assessment and/or any other legal or equitable remedy available to the City.
Section 7. Termination. The parties acknowledge, understand and agree that notwithstanding the provisions set forth ins Section 5, termination of this Agreement under any other circumstances shall not terminate any obligation Developer owes to City, such as but not limited to payment of the Annual In-lieu Assessment, described below in this Agreement, which shall remain in fo rce and effect so long as an ALF is being operated on the Subject Property, and which shall also remain in full force and effect to any and all of the Developer's assignees and successors in interest.
Section 8. Extensions. Developer shall be permitted a one (1) year time extension to allow itself additional time to obtain the Proposed Project's building and other ministerial permits. Any such extension must be requested in writing by Developer no later than sixty (60) calendar days prior to expiration of the Term or any extension thereof, subject to the approval of the City's Planning Commission and City Council after noticed public hearings in accordance with the City's normal public hearing procedures.
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Section 9. Cooperation by Developer. Developer shall, in a timely manner, cooperate fully and in good faith, with providing the City with all documents, applications, plans and other information necessary for the City to carry out its obligations hereunder, and cause Developer's planners, engineers, and all other consultants to submit in a timely manner all required materials and documents therefor.
Developer also shall apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Subject Property as may be required for the development of the Proposed Project, as contemplated by this Agreement.
Section 10. Cooperation by City. City shall, in a timely manner, cooperate fully and in good faith, with processing all documents, applications, plans and other information necessary for completion of the Proposed Project, provided that Developer's planners, engineers, and all other consultants to submit in a timely manner all required materials and documents to the City and Developer applies in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Subject Property as may be required for the development of the Proposed Project, as contemplated by this Agreement.
Section 11. Applicable Rules, Regulations and Policies. Except as otherwise provided in this Agreement, the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, building and occupancy standards and specifications of the Proposed Project and Subject Property shall be those rules, regulations and policies in place at the time of the Effective Date. The City, however, shall be permitted to apply certain rules, regulations and policies enacted after the Effective Date to discretionary actions beyond the scope of the project entitlements and not contemplated or anticipated by the City in its sole discretion at or before the Effective Date.
Section 12. Funding for Processing Agreement and Entitlements Described Therein. The actual costs for all services provided by the City and its consultants, including legal counsel, for review, preparation and processing of this Agreement and the entitlements described herein shall be paid by Developer. All such costs shall not be obligations of the City or any of its departments, and the City shall not be liable for any such costs from its general fund or any other fund. In addition, to the extent that City, on behalf of Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Subject Property as described in this Agreement, Developer shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreements. Any fees, assessments or other amounts payable by City pursuant to any such agreements described herein shall be borne by Developer.
Section 13. Processing Fees. Developer shall pay all land use approvals, building permits or other similar permits, licenses or entitlements which are in force and effect on a City-wide basis at the time application is made for such permits, licenses or
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entitlements at the time such fees are due and payable during the development process.
Section 14. Annual In -li e u As sessment. In addition to Developer's payment obligations pursuant to Section 16 of this Agreement, Developer shall pay the City the Annual In-Lieu Assessment of $46,624.00 for as long as the Proposed Project remains operational upon the Subject Property, unless this requirement is otherwise amended in accordance with the amendment provisions set forth herein . The Annual In -Lieu Assessment shall be paid to the City in quarterly installments as follows: Developer shall pay the City the cash equivalent of one-quarter (1/4) the amount of the Annual In - Lieu Assessment no later than March 28, June 28, September 28, and December 28 of each year, marked with a notation that any such quarterly payment is made pursuant to DA 180003 and represents ¼ of the Annual In-Lieu Assessment. The Annual In -Lieu Assessment shall automatically be adjusted pursuant to the Inland Empire Consumer Price Index (CPI). Developer and the City understand, acknowledge and agree that the Annual In -Lieu Assessment shall be exempt from the requirements of the California Mitigation Fee Act (Government Code§ 66000 et seq.) since Government Code section 66000 (b) provides that a "fee" does not include "fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4"; and
Section 15. Development Imp act Fee s . Developer shall pay all development impact fees that are designed to pay for new or expanded public facilities needed to serve , or to mitigate the adverse effects of, a given development project (including any species protection or habitat preservation or conservation mitigation fees) that are in effect at the time such fees are due and payable during the development process. Such fees shall be paid prior to issuance of any building pe rmits in connection with the PDP.
Section 16 . Exaction s. Developer shall pay or provide, as the case may be, all exactions, in -lieu fees or payments, dedication or reservation requirements, obligations for on -site or off-site improvements, construction requirements for public improvements, facilities, or services required of the Proposed Project or Subject Property, whether such requirements constitute subdivision improvements, mitigation measures in connection with environmental review, or impositions made under any applicable ordinance or other applicable regulation.
Section 17. Maximum Building Height, Pr oj ect Size and Other Project Attribut es . As set forth in the Project Entitlements, no more than an 84 -unit assisted living facility (ALF) shall be permitted and Developer shall comply with the following requirements:
Assisted Living Units:
• 500 square foot room size (minimum unit si z e);
• 90% of the units shall be outfitted with functional patios or balconies; and • Overnight stays by prospective residents and guests, including without
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limitation friends or relatives, shall only be permitted in designated respite rooms.
• Only one (1) room shall be used for respite purposes.
Memory Care Units:
• 350 square foot room si ze (minimum unit size for single occupancy); • 410 square foot room si ze (minimum unit si ze for companion rooms); • Double occupancy only for companion rooms (as set forth in the Project Entitlements); and
• Overnight stays by prospective residents and guests, including without limitation friends or relatives, shall only be permitted in designated respite rooms .
• Only one ( 1) room shall be used for respite purposes.
Facility:
• Snack stations shall be installed on the first and second floors near the fitness center and activity room respectively.
• Private recreation facilities shall be provided and maintained as set forth in the PDP;
• Private dining facilities shall be provided and maintained as set forth in the PDP ;
• Parking shall be provided and maintained as set forth in the PDP. (The Development Services Director, or designee, shall have the discretion to require installation of nine future parking stalls as set forth in the PDP should it be determined they are needed due to increased parking demands or increased or unanticipated parking impacts;
• Landscaping shall be installed and maintained as set forth in the PDP; and
• Site coverage shall be limited as set forth in the PDP.
For the life of the Proposed Project, the interior and exterior features of the assisted living facility shall be maintained in a first-class condition, and shall be maintained in compliance with all State , County and City licensing requirements .
Developer shall provide housing, dining and recreational services primarily for the elderly occupants on a 24 hour/7 day basis pursuant to month -to-month rental agreements. The parties hereto acknowledge that the Proposed Project shall be a Residential Care Facility for the Elderly (RCFE) which, according to California Health and Safety Code, Section 1569 et seq., means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility.
For purposes of this section, "first-class condition" means being amongst the first ,
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highest, or best operating ALFs (in the State) known for its foremost excellence or highest quality and first-rate services using the best equipment and practices available in the ALF indu stry.
Section 18. Reservation or Dedication of Real Property. Developer shall grant the necessary easements or dedicate by deed certain real property to the City for specified public purposes as may be required by the PDP, any extension thereof, or any other entitlement that may be granted to Developer by the City in connection with the Proposed Project.
Section 19. Community Facilities District No. 1. Developer acknowledges the existence of "Community Facilities District No. 1" (sometimes, "District"), which was created pursuant to the Mello-Roos Community Facilities Act, as set forth in Government Code Section 53311 et seq . for the purpose of funding certain public safety services. If the Proposed Project and Subject Property are currently subject to the assessments of Community Services District No. 1, Developer voluntarily consents that it will not vote or otherwise support the dissolution of said District. In the event said District formally dissolves, Developer shall consent to paying an in -lieu assessment in a manner and form, deemed acceptable by the City, as though the District had never dissolved. If, however, the Proposed Project or Subject Property is not currently subject to the assessments of Community Facilities District No. 1, Developer voluntarily consents to take whatever affirmative action it needs to take on its part to ensure that the Proposed Project and Subject Property are subject to the assessments of the Community Facilities District No. 1, which includes without limitation, voting to annex to said District. Developer and the City understand, acknowledge and agree that payment of an in -lieu assessment shall be exempt from the requirements of the California Mitigation Fee Act (Government Code§ 66000 et seq.) since Government Code section 66000 (b) provides that a "fee" does not include "fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4"; and
Section 20. Covenants Running With the Land and Constructive Notice. All of the terms, provisions, and obligations contained in this Agreement shall be binding upon Developer and its heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Subject Property or Proposed Project, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of the City and its successors and assigns. As such, all of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the State of California. Notwithstanding the above, every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Subject Property or Proposed Project shall be deemed to have consented and agreed to every provision contained in this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Subject Property or Proposed Project.
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Section 21. City's Obligations. The City shall approve the permits, licenses and other entitlements as describe in this Agreement pursuant to the provisions contained herein and all applicable rules, regulations, standards, policies and standards in effect at the time of the Effective Date of this Agreement, unless health and safety concerns warrant otherwise.
Section 22. Periodic Review. The City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. The City will review the extent of good faith compliance by Developer with the terms of this Agreement annually commencing on the first anniversary of the Effective Date of this Agreement. (b) Notice. The City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto .
(C) Good-faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement.
(d) Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as the City, in the exercise of its reasonable discretion, may require.
(e) Cost of Annual Review. The costs incurred by City in connection with the annual review shall be borne by Developer.
(f) Failure to Conduct Review. The City's failure to conduct an annual review of this Agreement shall not constitute a breach of this Agreement.
Section 23. Relationship of Parties. It is specifically understood and agreed by and between the parties that the development of the Subject Property is a private development and that neither party is acting as the agent of the other in any respect hereunder. The City and Developer also hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners .
Section 24. No Third Party Beneficiaries. The only parties to this Agreement are Developer and the City. There are no third party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.
Section 25. Assignment. Developer shall have the right to assign its rights and
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obligations under this Agreement, to any entity without the consent of the City, by giving prior written notice to the City, so long as such assignee expressly assumes the obligations of Developer hereunder.
Section 26. Estoppel Certificate. For and in consideration of entering into this Agreement, the parties hereto acknowledge the receipt of good and valuable consideration . This paragraph shall constitute an Estoppel Certificate and shall be an independent agreement between the parties which is intended to and shall surv ive any subsequent determination that this Agreement is invalid for any reason, by a final court decision, having jurisdiction thereof. Developer represents to the City that it has no actual knowledge of any claims, as herein below defined, against City specifically pertaining to the matters set forth in this Agreement. For purposes of this Section, "claims" are defined as all known claims, fees, demands, costs, damages, obligations, expenditures, remedies, liens, rights or arbitration, rights of action and/or causes of action, whether compensatory or punitive, legal or equitable. This estoppel certificate legally bars Developer from filing claims of which it had actual knowledge at the time of the approval by the City of this Agreement.
Section 27. Hold Harmless. Developer hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer or Developer's contractors', subcontractors', agents or employees' operations under this Agreement, whether such negligent or other operations be by Developer or by any of Developer's contractors, subcontractors, agents or employees.
Section 28. Indemnification. Developer shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Proposed Project or Subject Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Subject Property; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding.
Notwithstanding the above, the City, at is sole option, may tender the complete defense of any third party challenge as described herein . In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel.
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Section 29. Severability. If any term, provision, covenant or condition of this Agreement is repealed by referendum or is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
Section 30. Singular and Plural; Gender; and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.
Section 31. Time Is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.
Section 32. Delays in Performance. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion, major acts of terrorism occurring in the United States of America, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other party, or restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either party within (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon.
Section 33. Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of Section 29 "Delays in Performance," the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of thirty (30) days after the dispatch of a written notice of default from the other party shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such 30-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or whether any further building permits shall be
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issued with respect to the Subject Property.
Section 34. General Default Remedies. After notice and expiration of the 30- day period without cure, the non-defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement pursuant to Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief. Any rights or remedies available to non-defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement shall be distinct and separate, providing the non-defaulting party with cumulative rights and remedies. None of such rights or remedies, whether or not exercised by the non-defaulting party, shall be deemed to exclude any other rights or remedies available to the non-defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the non-defaulting party considers appropriate.
Section 35. Legal Action; Attorneys' Fees. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. The prevailing party in any such action shall be entitled to its reasonable attorneys' fees and costs to be paid by the losing party.
Section 36. Developer Default. No building permit sha ll be issued or building permit application accepted for any structure on the Subject Property after Developer is determined by the City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Developer or is waived by the City. If the City terminates this Agreement because of Developer's default, then the City shall retain any and all benefits, including money or land received by the City hereunder.
Section 37. Waiver. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to an Event of Default. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by the other party in the future. In addition, no express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time specified in such express waiver.
Section 38. Amendments. This Agreement may be amended from time to time by mutual consent of the original parties or their successors in intere st, with the City's costs payable by amendment applicants, in accordance with the provisions of Government Code Section 65867 and 65868 and the City's adopted procedures and requirements for the consideration and reconsideration of development agreements.
Section 39. Ambiguities or Uncertainties. The parties hereto have mutually
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negotiated the terms and conditions of this Development Agreement and each party received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of both parties and neither party shall be deemed to have solely or independently prepared or framed this Agreement.
Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party.
Section 40. Applicable Law . This Agreement shall be construed and enforced in accordance with the laws of the State of California.
Section 41. Nexus/Reasonable Relationship Challenges . Developer consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.
Section 42. Civil Code Section 1542 Waiver. Developer hereby waives any and all rights they or their successors and assigns may have under Article XIIIC or Article XIIID of the California Constitution and any and all rights they or their successors and assigns may have under any other applicable law to contest the fees, exactions and assessments and/or their amounts payable to the City under this Agreement as follows:
In furtherance of the intentions of the parties to this Agreement, Developer with and under advice of counsel, hereby expressly waives any and all right and benefit conferred upon Developer by the provisions of Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims which a
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her
settlement with the debtor."
Developer further expressly waives any and all rights and benefits conferred upon Developer by any provision of any other state, federal or local statute, code, ordinance or law similar to Section 1542 of the Civil Code. Developer expressly consents that the waiver of rights contained in the first paragraph shall be given full force and effect, according to the express terms and provisions of the instant waiver, to unknown and unsuspected
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claims, demands and causes of action, if any, arising out of or relating to the waiver of rights contained in this Agreement.
Initials: ~
Section 43. Venue. In the event that suit is brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
Section 44. No Damages Relief Against City. The parties acknowledge that the City would not have entered into this Agreement had it been exposed to damage claims from Developer for any breach thereof. As such, the parties agree that in no event shall Developer be entitled to recover damages against City for breach of this Agreement.
Section 45. Notices. Any notice or communication required hereunder between City or Developer shall be in writing, and may be given either personally or by registered mail, return-receipt requested. Notice, whether given by registered mall or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
To City:
To Developer:
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
Attn: City Manager
Carefield Solana, LLC
205 Lomas Santa Fe Dr., Suite 450
Solana Beach, CA 92075
Attn: Steve Barklis
Section 46. Entire Agreement. This Agreement and the exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the exhibits attached hereto, any prior correspondence, memoranda, agreements (other than those attached hereto), warranties or representations are superseded in total by this Agreement and the exhibits attached hereto.
Section 47. Recordation. In order to comply with Section 65868.5 of the Development Agreement Statute, the parties do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with the Riverside County Recorder's Office
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within ten (10) days after the Enacting Ordinance takes effect. Any amendments to this Agreement shall be recorded in accordance with all applicable laws and as directly by the City Attorney.
Section 48. Counterpart s. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original , and all of which when taken together shall constitu te one and the same instrument. [TH E REMAINDER OF THIS PAGE LE FT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.
::~~
icharciw.kite,Myor
ATTEST:
By:~R~EYl----
Kristie Ramos, CMC, City Clerk
APPROVED AS TO FORM:
By:_C _~-------w Steven B. Quintanilla,
City Attorney
C'..u\,"'-~~ K-:_,~c,.~c_»!.
u~t.>~'i c:+1 A-~r-1/\e'-f
Carefield SH Management, LLC
By Its Manager: Carefield Solana, LLC
By Its M~~ger
~ }J,'h__.,
Steven N. Barklis
*Signatures must be notarized.
APPROVED AS TO FORM:
By: -.· -----,.-+_____,;:i::,,---
. Legal C I JG<.tj ~lAM
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on February 28, 2019 before me, Zulma F Munoz Notary Public (insert name and title of the officer)
personally appeared _G_a_ry_E_l_a_m _____________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
ZULMA f. MUNOZ
COMM. #2167388 z
Notary Public . California JI
San Diego County 2
Comm . Ex ires Oct. 10, 2020
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on February 28, 2019 before me, Zulma F Munoz Notary Public (insert name and title of the officer)
personally appeared _S_t_ev_e_n_N_B_a_r_kl_is __________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
ZULMA F. MUNOZ
COMM . #2167388 z
Notary Public -California g
San Diego County ..
Comm . Ex ires Oct. 10, 2020
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EXHIBIT "A"
Subject Property
Legal Description & Depiction
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. '
Legal Description
APN: 682-010-022
All that portion of the north half of northwest quarter of fractional Section 7, Township 5 south, Range 6 East, San Bernardino base and meridian, in the City of Rancho Mirage, County of Riverside, State of California, as shown by United States Government.
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5-74OWNER Carefield Solana, L.L.C. Contact: Steven Barktis 201 Lomas Santa Fe Or., Ste 450 Solana Beach, CA. 92075 858 2595591 ARCHITECT Jones Ballard Architects Contact: Stephen Jones 3383 Baltimore Street San Diego. CA 92117 619977 5675 LANDSCAPE ARCHITECT Garbini & Garbini Contact Rick Garbini 715MJ'Street, Suite307 San Diego, CA. 92101 619232 4747 CMb Feiro Engineering, Inc. Contact: Ron F eiro 75-060 Gerald Ford Drive. Ste 3 Palm Desert, CA. 92211 760 346 8015 LIGHTING CONSULTANT The Ruzika Company Contact Betty Ann Castaneda 2 Executive Circle, Suite 290 IMne, CA. 92614 949 253 3479 GEOTECH Sladden Engineering Contact: Brett Anderson 45-090 Golf Center Parkway, Ste F Indio, CA. 92201 760 863 0713 PRO IECT DATA MAIN BUILDING ADRESS: COUNTRY CLUB DRIVE. RANCHO MIRAGE. CA CASE NUMBER: PDP_(TBD) CONSTRUCTKJN TYPE: TYPE VA SPRINKLERS: FULLY SPRINKLERED NUMBER OF STORIES. 2 STORIES GROSS BUILDING AREA 80.850 SO. FT. PROPOSED F.A R.: 0.42 MAX BUILDING HEIGHT: 35· SITE COVERAGE: 26.0% CURRENT ZONING: "0°-OFFICE RCFE COMMUNITY: R2.1,A-2,A-3, B PROPERTY SIZE: 4.42 ACRES 192.456 SO FT) CODE REFERENCE A CALIFORNIA BUILDING CODE. 2016 EDITION B. CALIFORNIA MECHANICAL CODE. 2016 EDITION C. CALIFORNIA ELECTRICAL CODE. 2016 EDITION D. CALIFORNIA PLUMBING CODE, 2016 EDITION E. CALIFORNIA FIRE CODE, 2016 EDITION" WITH ADOPTED LOCAL AMENDMENTS UNIT SUIIJIIJARY FIRST FLOOR· MEMORY CARE: 24UNITS FIRST FLOOR -ASSISTED LIVING: 21 UNITS SECOND FLOOR· ASSISTED LIVING· = TOTAL UNITS: 84 UNITS IJ.W..Il'.eE ! SIZE/SF! ASSISTED UV/NG STUDIO 20 500 ONE BEDROOM 34 625 TWO BEDROOM 6 930 MEMORY CARE STUDK) 4 350 COMPANION 4 450 PARKING 511IIJ11JA8Y REQUIRED PARKING@ .5 PER UNIT· 42 SPACES PARKING SPACES PROVIDED: 56 SPACES (INCLUDING 3 ACCESSIBLE SPACES) OFF-STREET LOADING 1 SPACE PRO IFCT QS:::SCRIPTIQN $!!il!.llillU THIS FACILITY Will BE A NEW STATE-OF-MOO TITLE SHEET THE-ART RESIDENTIAL CARE FACILITY ,'/JOI RENDERINGS FOR THE ELDERLY (RCFE) AND IS "'°' EXISTING CONTEXT All03 EXISTING CONDITIONS LICENSED BY THE DEPARTMENT OF A200 CONTEXT SITE PL.AN SOCIAL SERVICES, COMMUNrrY CARE LICENSING. SPECIFICALLY UNDER TITLE A201 FIRST FLOOR Pl.AN A202 SECOND FLOOR Pl.AN 22, DIVISION 6, CHAPTER 8. A203 ROOF PLAN A204 UNIT Pl.ANS THlSLICENSINGCATEGORY ALLOWS US A300 BUILDING ELEVATIONS TO HOUSE SENIORS OVER THE AGE OF 62 MOO SITE/ SLOG SECTIONS AND TO AID THEM IN THEIR ACTIVIES OF AAOI SITE/ CONTEXT SECTIONS DAILY LIVING. IN ADDITION, OUR FACILITY A500 MATERIALS PROVIDES 3 MEALS PER DAY IN A COMMON AREA DINING ROOM. l100 LANDSCAPE TITLE SHEET TRANSPORTATION ANO AN ACTIVITIES L200 LANDSCAPE PLAN l300 CONCEPT IMAGES PROGRAM. UNLIKE SKILLED NURSING, WE DO NOT PROVIDE 24 HOUR MEDICAL LT100 SITEL!GHTINGPLAN CARE. L T200 SITE LIGHTING DTL PLAN LT201 SITE LIGHTING DTL PLAN L 1202 SITE LIGHTING OTL PLAN L T203 SITE LIGHTING OTL PLAN L T204 SITE LIGHTING DTL Pl.AN l 1205 SITE LIGHTING DTL Pl.AN l T206 SITE LIGHTING DTL PLAN LT207 SITE LIGHTING DTL PlAN LT20B SITE LIGHTING DTL Pl.AN LT300 SITE LIGHTING FIXTURES C100 CIVIL COVER SHEET C200 PRELIMINARY GRADING Pl.AN VICINITY MAP I ' ATTACHMENT NO. 10 I L-I I ·-I I j V/Cr,,11;,'~ Ill !o~n~~ ! ~~l~a:~ RANCHO MIRAGE SENIOR LIVING 1 Carec;} -l~;fl -~-r.:.--,: I I -r,·-~==~~ TITLE SHEET ~-= TOOO
5-75Perspective from the intersection of Country Club Drive & John L Sinn Road Country Club Park setback Central Courtyard Pool Park Sunset View Patio and Colonnade Entry IJII jones I ballard AltKIT(CTI RANCHO MIRAGE SENIOR LIVING 2 Can:Cti ~--,:!~ No.lOat.!Dotlcrlp4jo,l · t:I;~.;: I-•·""-----~?~ PRELIM IMAGERY A001
5-76··----_ ... Ill jones I ballard A ~ C • I T l C l I RANCHO MIRAGE SENIOR LIVING 3 Ca,~::::» ----11!7 IS$,EO,,,!U, I ---~------~~~-EXISTING CONTEXT ~""-~·-A100
5-774 View from the Southwest 3 View from the Southeast 2 __ View from the Northeast View from the Northwest Ill jones I ballard A I C ~ I 1 l C l I RANCHO MIRAGE SENIOR LIVING 4 c .. ,,,a ~,-:!7 No,lo..o!~ 1---1:: .. --~ ~ ~-J::-..:::-e---r.::..-~:.;~;;;-= EXISTING CONTEXT PHOTOS A101
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5-79'j' lfi{~ ~* t iJ;~) 1 First Floor / Site Plan KEYNOTES Q ~LANE.24.WIDEMINIMUM. FRE DEPT ACCESS GATE. FIRE DEPT ttOSE PW. ROUTe,6"WU CONCRETE SIOEWALJ( ,. FlREAPPAAATUSTURNAROUHOPERFIRt. OE.PTREOUIREM£HTS 6"ltlGHCRNAMENTAl.METALfflU MONUMEH'TSIGN.REMOTEI..YUUMW.TEO tNOM)UAL t.lET AL LETTERS ON A MUlMUM l'HIGHI..AHOSCAP£WAU. PREffflS>EO M..UMNUM FRAMED SK'l'l.lGHT ROOFTOPUEOtEOJl'MENTI.OCATION. SCRE£NEOBY PAfWIET. TYP. 1116"-1'-0" GENERAL NOTES· NOROOfl'OPEQW>IIENTREOOiRINGACCESS SttM.t. BE LOCATEDwtiEREPAIW'fTOR:aAAR!CAOEOOESNOT MEETUINIMIJt,tHEIGMTSNETYREOUIREMENT. AU ROOFTOPEOUIPMEtflSHALLl!ElOCATEDBEHIHO PAAAPETWALLANOSCREEHEDFROMPUBLICVIEW. NO ROOFTOPEOOll't.EN'TtOCATEOOHSlNGlESTORYBLOC. REFEREHCel.AHOSCAPE ORA.WINGS FOR OETALElSITE PLANPI.AATINGAHOFNS>!ES RffERENCECM.ORAWl.'tGSFORFL'miiGRADE ELEVATIC»lS. Ill jones I ballard J.IICllllCII RANCHO MIRAGE SENIOR LIVING 6 Carce:) -:!;? No.10..1~ i--...i:::·-l=.t:--:.::::.-· FLOOR 1/ SITE PLAN Pf<ljoa. .... Jl41100f A201
5-80; w > ii:: 0 co :::, ....J (..) >-a:: 1-z :::, 0 (..) ,., ; :;::''f \ ADJACENT VACANT ·. i~i ~}":" ---1 Second Floor I Site Plan Ll °"5!1£0U'ER£PR:;SE~TSISO'IW>IUSICISTNICEfRCWMM 1o.coo;. KEYNOTES 0 FIREI.ANE.24'WIOEMINIM\JM. flRE OEPT ACCESS GATE. FIRE DEPT HOSf PULi. ROOTE. &' 'MOE CONCRETE SIDEWALK 4. FIREAl'PAAAnJSTURNAROIJM)PERFIRE OfPTREOUIREMEN"iS 8" HIGH ORNAMENTAL METAL FENCE l,IONIJMENT SIGN. REMOTB.Y UUMINATEO INOIVDUAI.METALLETTERSOOAMAXIMIJU 3" HIGH LANDSCAPE WAU. PREflN!SHEOALUMINUUFRMEO 5KYUGKT ROOFTOP MECH EOUlPMcNT LOCATION. SCREENEO SY PARAPET. TYP. ~.,,N,.,.01u.E ... s· _____ _ NO ROOFTOP EOUPMfNl REOUlftlNGA.CCESS SHAU. BE U)CATEOWHERE PAAA?l::T OR 8AAAICAOE OOES !IOT MSETJ.IIMl~IUMHEIGHTSAFETYREQUIREU:ENT. ALL ROOFTOP EOUIPtAEHT SHAU 8E. LOCA TEO BEHiNO PARAPET \YAl!.. ,\NO SCREENED FROM Pl/81.lC VIEW. NO ROOFTOP EOJl!'t.ENT LOCATED ON Slf<IGI..E STORY 81.DG. REFERENCE LANDSCAPE DAAW!NGS F~ OETAILEO SITT. PlANP\.ANTINGA.-.OFINISHES REFERENCE O'i1l DRAWINGS fOR ANISH GRACE ELEVAOONS. v:::., Ill jones I ballard lllCIITECTI RANCHO MIRAGE SENIOR LIVING 7 Carco ~-.,•!77 No.l°""'l~ -~ ~~~ FLOOR 2 / SITE PLAN "-'""''JBA\l'ODC A202
5-81; 1 Roof I Site Plan KEYNOTES Q AREI.ANE.24'WlDEM1N!MUM. ARE DEPT ACCESS GATE. FIRE DEPT HOSE PUll ROOTE. 6' vroE. COHCRElESIOEWAU( 4, ffiEN'PAAATUSn.lRJIAROUtlOPl:RARE 1ntf'>11'-0" DEPTREQIJIRBIOOS 6' HIGH ORNALIENTAI. METAL FENCE MONIJMENTSIGN.REMOTELYll.LUMWATEO ~METALI.El'rotSONAMAXlMUM 3'H!GllJJ,IOSCJJ>EWAI.L PRfFINISHEDALUMIHl.lMFRA!,£0SIOt.lGHT ROOFTOP MECH EOUIPMEHT LOCATION, SCREENED 8Y PARAPET, TYP. GENERAL NOTES· NOROOFTOPEOIJ:PMEHTRE.Ol.lffi,,'GACCESSSHALLBE LOCATEOWHERE P.AAAPETORSAAAlCA.OEOOES'IOT MS.E'Tl.1.' EOUIPM!:NTLOCATEOON SINOI.E STORY llt.DG. REFERalCE LANOSCAPE OAAWINGS FOR OETAR.EO SITE Pl.AN PV.»ll-G AHO FINISHES Rl:FERENCE CML DAAWl!IIGS ~ fi,',,'IS}i GRADE ElEVATIONS -E{ Ill !oRn~~ ! ~~l~a:~ RANCHO MIRAGE SENIOR LIVING 8 ca~CJJ ---~:!;? rr--=.=-:--1-·r-··· m ~~=:~-ROOF/ SITE PLAN ..._,,..,,JBA1700,I A203
5-82i_1 ---4 j}--1 v· N,.~&· •I· no i.l (1.110 lf w/ dectl ~•/-48.Ssl(S79"'w/aect) 2 Assisted Living Resident Unit Plans r I' I 11::::::.-11. 1·1=--i I r' .. -~·1··-r --I --,I :~ .. ,... 11' -"'~ :::.:: I, :.= :. a:-.:~:rz,e:.~'/_ :~1:I ·;e rw i.:;.------~ [. ___ '!..!......•r MUlllltioJMll"B'•/•4S(hf Memory Care Resident Unit Plans Ii I I I I, i, f"T ,;;---1 ~ •/·lSO.t -r=l= ~~--I I ;:?"~~ 11 -~-· 'I .-~ .. i! 1.1,. ,-1· ! I 11 i I 'l 7 1· ~'==t ,. l ~ •/•6Ulf (66-t.,w/dediJ !." .. -----l ~ 1,r•L rr (1"7i I J ,I ii-::~-..,. .......... ~ --··---+ ,, MO~ •/· lSO s1 l ---- --i ~ •/-6lhl !664slw/d~ ..,,.,,_,., ·~-a., ,-.. t•f,•:J ··1 I I =···--·---~ -=--;--·•-I ::?"~~ i : i~ i 5='1"' -·· ;= -==r~ I>~-~~ -r.-.. ~1 -u r ~ •f-3S0ll 3116·•1·-o-~•IUnltf'W,t ll,ll ... .......... Paioor c.-.. I Add'!Holu .,..., Okq~lftel) .._ ~ 1 ,., ,., ,, "' '""' "' 200ft(•W -,., ,, '" ·-"' IIU•lS) -... " '" , .... "' 1651 ♦J'!;\ -'" " '" ,..., "' ,./8A1n,o,I A204
5-83~· 1: ' JCNll..,.IIQ,ID l ~I If ~i 4 West Elevation ~llRM:AISI.E&PAAll:&HG !' 3 South Elevation 1: 1 East Elevation 1116"•1'-0" 1116"=1'-0" Ji ~· ~~,.. 2 -~":!~ f' ~I 1: ~ ........ , lligM,l,_,~~2k.OG' _.w,.s._.~~ I Ii f: ~I ~11' ,, .. ,u .. ,~ ~· 1: "=~~-r1WR,, ==:~ru. :ii=-: ~~~-: ~i~::= 0 ,., .... -~-(.Q.Oll'l!Dlll' M,I ll'ICf-»lil ALCOOESECTION11.20.~&(C) All N()Of'TOP EOURl£NT SIW.L BE LOCAn:08EHNlP.\RAPETWALLN«l SCREENED FROM PU8lX vav NO ROOFTOPfOUll'MEHTLOCATEOON SlNGLESTORY8lOG. RffER£NCE lN.tlSCAPE ORA'MHGS FOR OETAILEDSIIEP\.ANPt.A.Na.GAHO FINISHES. REFEREJ«:E CM. ORAWlNGS FOR FMH GAAOe ELEVATIONS. Ill jones I ballard A ~ t I I T f C T I RANCHO MIRAGE SENIOR LIVING 10 CarcCJJ -~:!7 '"::J;;;' .. 1----1::::~=-~--c..-.--~~~ BUILDING ELEVATIONS Pto;o<!No.AIA•lW& A300
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5-88LINEAR DESERT GARDEN PARK \ STREETSCAPE WITH LANDSCAPED FENCING 6' DECORATIVE METAL FENCE 6' TALL GREENSCREEN FENCING WITH VINE DECORATIVE COBBLE TYPICAL SYMBOL CRUSHED ROCK/ GRAVEL TYPICAL SYMBOL w > 0: 0 (D 3 (.) >-(l'. .... z ::, 0 (.) LA~__.tLQ_Q§_AREAAT SECONDARY ENTRANCE MONUMENT SI_G_N OUJPOOR SEA_!!.NG AREA lANDSCAPED SLOPE I I ADJACENT PARCEL STABILIZED DECOMPOSED 1 GRANITE PATHWAY SENIOR OUTDOOR / EXERCISE AREA II VC. S>(.; ,,;,,;, ,>- ~::::i oa::: ::r:0 o-zz c2~ 15 Cm-cC}; ~ .. ~:!7 I·---.-.. ::;:":.""=::."' -~ _.,. _,,_=="'",._ ~--~·---~ ------·-· _,. ____ ..., PRELIMINARY LANDSCAPE PLAN Pr<i,e,:!No.J8.'il7• L200
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5-101VICINITY MAP ,.o, ro scatU ~ ct,·~ , c;,;;,;,c,:.;;;.,;.,· "--,., • .,.,_ C / g;,;~r:? ~€'.~'.%~:?:.:: In the City of Rancho Mirage Preliminary Grading Plan Ca,refield Senior Center -~~~=-;::::,:.;-,:;" --)) r. -----::i.'. ._/ ~]=;::LL·::,.-::;~.--aG:...:~-;.1:-:;-1·~/o!:'. Q_~~~L -=-in-J',rt.. AU&.Nr . .,, ~ /~--F ~ ·, ,...v" (1~J.":..~ -··-~--\ -···~ .... I rd-·•-u '9',~':.1,~-f~.;f._:i~..:-~ (~ ·-f'[j ~TAillDAHD {1 DATAIL 306 ? 1~1::~~: ''i;~~·~· r•-•I ~ OD~..A!!Ul ,un,s..,. ,1.on,"1 . •• ,,..: .. ,~IL: (\,,""'Ql',a/""' fl'U -r,t,r-,..-,;,,· ____ _,,,~,--;r . .., --~ -· •·•-,..,;-~ _,,,,_,,_ ....... l'U -~ ---.....;r-r :;.:i_;,.JJ;..::-,1-..T ;./i'r,1-ot .............. , 4.~,, i. ...... . r:::: ~J'.:;;~~ r.v~~ ,.,,. "'"""' -.., ., g !~] N r:; ~ 0 e '9 e ;:~~::~ ,{f ---,,:;,;.,:, l-,._..-, • .-, ---, ........ , ~ :'::"~ ---:,.~ ...... i;&rH,Y'i..hPID" _,.,.,,,?-...»P,_,._u ._,.,.,u _ _,_,_NM --~"7-!z-::...---;:~::: .. ~-:,e"' .... ~ ....... ~...:,-:; =.-..,......,..."""%'0 .. "::-"' ,,,,_.e::.:-'=l:""-. ... ~· .-~-22:~~~-~--~~w::,.>~. ~-o ... ~"'"""_,;.. ~-...... ..,,..,,,.,,.,,.,,.,__ .. ..,......,..,.. __ ,,.,..,. .... ,,..;,,.;j,./"'-"'., ...... _.,,.,. -.-··-~.,, .. -~,,. ... • :::!:. .. ..:::;~~"~':-•'"''"-'":'·::;.,,-m.:.~--~•j "',;;.::ir :', ,;;.-:.::;.::-:.:;"'"""" ~',:.:',. ..... " ---_, .. ___ ,.;:;.,_;;.";;~-.... . ,, ...... ..., ... ..,,...,,, ... ___ ,,.,:t --,, ~½:? ... _...,=.,.;;.,;g_..,,,.,..., .. v··.,,..........., Q,..,,,,. ... -...... _. ...... ·-·--..-~ . ..-i ' -.· .. ;;; ... .,,;-~n-,...,::;;:,...,,.;.,.,,.., ___ ,,.,..., .... .., :.~~::,;--......,. . .,.,.,:";::"".....-"".!t'::' r,,;y,~-.:'~~,,:-~ ',,;,r~·:,-;.:..,-···-········· ;...,;;-···.·····.,,., ....... ·,. ' . ..;::._... .......... ~"' .. , ........................... ,, .. .,_ .. ,..,.,," ·,· .... · · .... -. ··-..... · ... "' ....... : .. :, . . ..... ~~ . ~~ ... -:;:_, ... ..:;:.~~-:.-.:.:--··--"'"' ~ .. -' ·, · __ ..,....,.. ................ ,..,-4> !."!~~~~~ . ---: .. .;-r-\!:;• ·~~~:....--· " , 1:.:.."'~:..".,.~~-=--:.:....'"':':':,~.:,';";'.,{.:,';:.''' ,4 ~-·~ ... .,., ... ,. '"'°"~; ... ~··· -·.····~·· ~-.~ ·..,..,· .... _, ' ... ~ __ ,,,,.,1..,_•,g-....... y.--~.,,,.....,-..... .... ., '..,.:.~~~:.,"';! f • ..., ..,.,.,~, ,.,,,... " .,. ,-.-u ..,....,._~ "'" n ••J • .':Z,_,,,.,...=• ·.:..•"'".;~-••,..-•-----••-"'"'~ ::·.o;::.• .. ~~:~:-:"1";"'·-:'::_:;.'!,.",,','t;::;;,-.,_::;,-,.-;:: -··-·~--•·>•fq.o,,...... . .,.., .. __ ............ .. ~ -.;:;,:~/::::-~:,:;;.·!',.,:-:i,;!:•~~-,,,.,,,,,.,,,,.,,_._,, .w: ::4:!•£:➔.t:.:.-"!,("',:!," , ',;+',,.•; .. ,_t-5;_,1' it~~~ Cl'4---C'-" ........ ~ .... .oo-:i:-l" ,C.UU:('9-$0((0'-"'1'W" !~otl.1""1~,.,,:--0:,.:.,,,.....,,_,.,._...,, .. ..,._ ""'"""''(Jl: .... l'fQQ"I('~ ~~\., ""-.l.ll"#f'S...,11(1',rn,.., 1111 jones I ballard .ftC"ITICTS DI !;J),!Jl,'.' c-t,,,.,.._ __ .,_,;,,,..,,. w (.') (.') 4:Z a::--> '.:2~ oa:: :r:0 u-zz 4: w a:: C/) 28 Cu-c eld;J ~ ~·~-/ IPUt/0All1$ I ---_.,_-,,.·---·-·· --·· "·-·---SHE.£:TnJU:.C.,,C-..--------OK,l,WIN<;.10.N0,1~1"" ........,.,..,.1'11,lC./,(lt C100
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