acresthatwillbepartofthegolfcourseonthenortheastcomerofGolfCenterParkwayandAvenue43ITEMNO5k

CITY OF INDIO

AGENDA REPORT Meeting of August

2004

DATE

Honorable Mayor and

Members of

City Council
Weller Interim

7127117

l6 J Kenneth

July

City Manage Enginccrf

John A Corella Dircctor of Poblic f Roldan Lopez Civil

Works Engine ring City

Tract Map

Associate 2004
for comer TO THRU FROM No 31631

21

SUBJECT

Approval of Final Cal located on

Tract

Sun

the

northeast

of
single family subdivision The proposed northeast for Tract Map No 31631 Sun Cal is located on the comer of Golf Center Parkway and Avenue 43 LB Indio Land LLC a Delaware Limited Liability Company has submitted the subdivision improvement agreements along with performance Golf

Center Parkway and Avenue

43 Summary

and payment bonds to

guarantee Previous

the off site improvements Council

Action
December

30

2003 City

Council Approved

Tentative

Tract

Map

No

The Keith Companies TKC filed September 26 2003 31601 Background On tract map to subdivide 297 66 acres into seven 7 lettered lots a tentative that will be further subdivided at a 3 consist of73 87 of which three

acres

later date and four 4will consist

of 220

57

CYNTHIAHERNANDEZDEPUTYCITYCLERKCMC2

eilY
1io

01111 Iouncil
r

tendo

Jll

9 in

2 f
11th

continued the

or

18th

consensus of the City for a half day Friday

It the

Council

to schedule

a date

September

the

and a Saturday 3 PLAN Weller suggested the Council solicit three or four firms to methods of doing things and discuss some
City

FOR

CITY

MANAGER

RECRUITMENT

Mr

set up meetings to costs council

discuss their

associated with the services Staff requests at least

two

members

of the city

meet with the consultants Councilmember Godfrey suggested the

two

councilmembers by

the Mayor
the
Mayor

and It was the consensus of the Council to direct staff to create a three
City

Pro

Tem

firm

short

a city

list for manager

a decision by to

Council to hire a consultant firm

in

the

search

for

include

the Mayor and Mayor Pro Tem

in ADJOURN There being no further to discuss itwas by Ses ion

Meeting

that moved

selection

process

business

by

Council

Agencymember

and unanimously carried to

Wilson seconded ADJOURN to Closed

Council

Agencymember

Fesmire

adjourned at 6 57 p

PUBLIC COMMENT CLOSED SESSION ITEMS NONE

AYESNOESATTESTJACQUELINEBETHELMAYORCYNTHIAHERNANDEZDEPUTYCITYCLERKCMC

RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA 31631 SUNCAL APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO AND APPROVING AGREEMENTS RELATING CITY OF AS INDIO CALIFORNIA DOES HEREBY DETERMINE ORDER AND RESOLVE THERETO NOW
THEREFORE

THE

CITY

COUNCIL

OF

THE

Tract No 31631 in Final Subdivision Map of is hereby approved as the official the City of Indio California be and the same on subdivision map of said tract and the streets and public utility easements as shown the maps are accepted as public streets and

FOLLOWS

Section 1 That the

Section 2 The Deputy City Clerk upon receipt with the bonds of the fully executed agreements hereinafter referred to together map by signing hereinafter referred to is hereby authorized and directed to attest to said the to affix official seal her name thereto as Deputy City Clerk of the City of India and
public
utility

easements

Section 3 That certain agreement relating to the installation of survey monuments and surety bond for the faithful performance of agreement in the sum of 35 100 00 and surety bond said payment to the Contractor in the sum of 35 100 00 securing
of
the

City

thereto

his

subcontractors

and to furnishing
labor
the

persons renting equipment or

by the City Council

held on

of

City

of

India

or materials are hereby approved at a regular meeting

PASSED APPROVED AND

ADOPTED

this

4th day of

August 2004 by the following vote

CYNTHIAHERNANDEZSECRETARY

lfndj
4NelllJ

Uedclelopmelll Ju
r

Hill lfes

20fJ

continued

2 RECONVEYANCE OF CONSTRUCTION DEED OF TRUST TO

DONOGHUE GRE NUP was Agencymember Wilson Godfrey

It

moved

seconded by Agencymember

and unanimously carried toAUTHORIZE the reconveyance ofconstruction deed of trust to Donoghue Greenup for the development and completion of twelve very low
income apartments
ADJOURN
It

residential

was

and unanimously carried to

moved by Agencymember Wilson seconded by Agencymember ADJOURN Meeting adjourned at 8

Gilbert

55pm

ITEMNO51

RESOLUTION NO RESOLUTION OF THE CONFIRMING

A CITY COUNCIL WASTE OF THE CITY OF INDIO

CALIFORNIA

SOLID

GARBAGE

AND

RUBBISH

COMPUTERIZED

CHARGE REPORT AND BILL AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST THE PROPERTY AND SHALL BE MADE A LIEN ON SAID PARCELS OF
LAND OF SAID CITY

WHEREAS California

the

City Council
State
rates for

of the

City

of Indio

California

pursuant

to the

Government Code of the

establishes

of California and the

Code of the
and

City

of Indio

garbage

and rubbish service collection and enables

collection thereof in accordance with said Code of the

City

the purpose of the garbage and rubbish service charge is to raise revenue for the payment of reasonable expenses by the City of lndio for the holder of a franchise from the City for collecting conveying and disposing of all refuse garbage

WHEREAS

and rubbish accumulated in the

City

and for the

City s recycling program

is and shall be

and

responsible for payment of any and all garbage and rubbish service charges applicable to premises owned by him It shall be and is hereby made the duty of each owner to ascertain from the City to Manager or designee the amount and due date of any such charge applicable shall be premises owned by him and to pay such charge when due and payable It also
WHEREAS the
owner

of any

premises

hereby made the duty of all owners of all premises to inform the City Manager or designee immediately of all circumstances and of any charge or changes in any circumstances which will in any way effect the applicability of any charge to premises owned by owner or the amount of any such charge In particular but not by way of limitation an owner of any premises shall immediately inform the City Manager or designee of any sale or transfer of such premises by or to such owner and
and is WHEREAS service

charge
NOW

and

City of lndio is obligated delinquent amounts

the THE CITY

to collect the

garbage

and rubbish

THEREFORE

COUNCIL

OF

THE

CITY

OF

INDIO

CALIFORNIA DOES HEREBY DECLARE DETERMINE AND ORDER AS FOLLOWS

the City Council of the City of Indio California does hereby confirm the computerized charge and rubbish service charge report and bill made by the City Manager itemized for separate parcel of
Section
1 That

land
the users

Section

the garbage and

of

That a finding ishereby established that the collection of rubbish service charge as part of the tax asses ment is in the best interest
2

and

the City

of Indio

z000p000000000iiJ0NNNNUNZNNUNNN00c003OrrJ000N000D0rlClHMen0MHMH0iI00fZ0QEzzne00mwwwZHwcDJ0UUH0000u00E0IcCO0oc0m00rl0C0000m0Cl0nmrlmrl0Mm0mmDrleeewl0COmwmncNNNMNNem0mwc0C0jrl7rlH0rlrlrlrlrlrlL000000Cm000mm000mDm7000000w0c0NNrl7N0N7NPC0wCAX0Crl0rl0e00000cD11cnNNNNCOWMn00CHrU000

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saidparceloflandofsaidcityITEMNO

City

of Indio

AGENDA REPORT

August

City
4

2004 THRU Mayor

and Council 0Ken

Weller

Interim

Manager Carter

J TO

FROM Jerry

Finance

Director

0 SUBJECT

Request

foradoption

of resolution authorizing

tax roll assessment

for
residential

collection services The residential curbside collection rate will be 9 38 per month The curbside collection service charge is added to along with a monthly charge of the property tax bill of residential customers residential
and

trash

service Summary The

City contracts with

Waste Management for

commercial

022 for City s

AB

939

recycling effort Previous Council Action There

is an
annual

requirement

to adopt resolution levying charges Financial Implications The

levy

of

funds for trash

collection services

and AB939

recycling

services

Recommendation

Staff recommends approval of the resolution levying the charges Proposed Motion Move approval of report and bill the resolution confirming a solid waste garbage and rubbish computerized charge constitute a special parcel land shall and providing that the cost thereof on each of assessment against the property and shall be made a

lien on

Riskservices

Staff

Report
s

Chamber of Commerce Visitor

Center

Construction

Management

at Risk

Page

2 As you arc awarc in accordance with efforts to revitalize the Old Town Indio District the Agency Board Proposed the relocation of the Chamber of
Commerce

to the downtown location at the former Mobil Gas Station site

effort

This

move

is

an

to increasc activity in

the area

as

well as

to

use for

the long vacant facility Therefore City staff staff has been coordinating thc necessary design modifications with Architect Carl Cox Recently Mr Cox submitted the completed architectural package for plan
check

a higher and better in conjunction with Chamber

promote

to expedite the construction process Staff is proposing to the Agency Board the application of a Construction Manager at Risk services tofacilitate the remaining process The Construction Manager at Risk will be required to oversee all facets of the construction process as well a smanage the proposed project schedule and budget The deadline for the project completion is projected to
reView In order be

November 2004 STAFF S RECOMMENDATION Staff recommends

Statement of
Risk services

Qualifications

the authorization by Agency Board to issue Proposal for Construction Manager at

PROP SED

MOTION

Imove

that the Agency Board

Qualifications Proposal

authorize approval
Construction

to

issue a

Statement of

for

Manager at

CourseRenovationlExpansionProjectITEMNO6

STAFF REPORT CITY COUNCIL MEETING

August

2004

TO Honorable

Mayor and Members of City

the India

Council

q THRU Ken

Weller Interim

City Manag

05

V FROM Rudy

Acosta Director of

Redevelopment

Economic Development BY Troy Strange Senior

Specialist
TE August

Economic Development

DA

42004 SUBJECT Authorization to Negotiate and enter into an Agreement with David Evans and Associates to provide professional design services on the India Municipal Golf

Course

Renovation

and

Expansion Project SUMMARY

The

City of India issued a Request for

professional design services to be provided on the proposed renovation expansion of the India Municipal Golf Course project The Proposal Evaluation Committee performed a comprehensive review on all the submitted proposal packages and ranked the submittal from David Evans and Associates Palm Desert as the highest Staff is recommending that the India qualified team to perform the necessary work City Council authorize Staff to negotiate and enter into an agreement with David Evans services for the and Associates to perform the necessary design India
Qualifications Proposals for

Municipal Golf

Course

Staff Report

Page

3 PROPOSED

to negotiate and settle an agreement with David Evans and Associates to perform professional design services required for the renovation and expansion of the Indio Municipal Golf
MOTION
I move

that

the City

Council authorize Staff

theCityofIndiosignedbyChristopherFaheyofHaagenCompanyLLCJune252004TrafficStudybyLinscottLawGreenspanEngineerstoITEMNO7

AGENDA REPORT

City

Council

Meeting

of

August

TO

4 2004

Mayor

lnterim
THRU and Council Ken City Manager Susan

Weller

FROM

EWilliams Community Development

f i cto of Puh1i W

Services

Buildng
DATE

Deh

City

o
2004 r

Engi Il n July
30
by and budget
Street

SUBJECT

Heritage Court
for

of Request IConsideration Commercial Development for approval of and

allocations for the 25 local

share

of Jefferson

improvements

and

3 cost of new traffic signal

for project

entry south of

Fred Waring

Drive and east of Jefferson Street the requests for budget allocations

STAFF

RECOMMENDATION Staff recommends that the

City

Council DENY

of Jefferson

25 local share cost Street 100 000 for the at Heritage Court Commercial Project frontage please note that the 100 000 estimate does not including sidewalks and landscaping for 2 3 of the cost of new traffic signal for the Heritage Court project entry
from the General Fund for the improvements isestimated south
of

located

Fred of a total

Waring Drive and east of Jefferson

Street

160

000

and consideration the following

documents are attached Exhibit A Exhibit B

E

Exhibit
240 000 estimated cost TRANSMITTAL For
your review

C Exhibit

Exhibit

E mail

from Chris Fahey outlining conditions

that
be

attached June 15 2004 letter to S Wil iams Christopher Fahey of Haagen Company LLC June 18 2004 letter to Christopher Fahey of Haagen Company LLC signed by T Ramirez City Manager of the City ofIndio June 24 2004 letter to T Ramirez City
signed by

they requested changed Not

Manager of

anddesignAdrafttrafficstudysubmittedbyHaagenCompanyLLCisattachedasExhibitEPage4

in the amount of the

General

100 000 does not include

Fund to be used

Homes

if Development Agreement

the

obligations are not

sidewalks or landscaping from funded via the US

9410

dated

April 6 1995 Exhibit I Payment

of

2 3

of the

cost

of the traffic

signal

for the project entry located south

of

Fred

Waring Drive

Chris Fahey and Alex Haagen

2 3 of the cost the
the

east of Jefferson Street Response representing Haagen Company LLC request that the City Council allocate
and

Fred

Waring

of the Drive entrance

will be located at to the project The traffic signal benefits only

traffic signal that

commercial

project The costs of the

traffic

signal are

estimated to

be240 000 The request is that Fund Left

Council fund 160 000 2 3 from the turns in and out require an approved traffic study proving safe

the

City

General

access

IvlrTomRamirez

Ms Susan Williams

City
June

of Indio 2004

15

two copies of the site plan il ustrating the setbacks and dimensions you a n d agreed to at our I that April 15 2004 meeting and for which I am requesting approval as the resolution tothelandscape setback requirements and right
of

Page20f I have enclosed

way

request

As always the above referenced meeting

deicaton

in order to

I appreciate your efforts in this process but respectfully reach resolution to

our

entitlement issues
1 L
FoJJ

Sincerely

r Christopher Fahey Akxander cc Haagen HI

construction27TheapplicantshallcoordinatewiththeroadwideningandoffsiteimprovementsalongJeffersonStreettocoincidewiththeregionalJeffersonStreetroadwayimprovements2

RevisIOns

to

Excerpted Final Conditions of Approval required December 17 2003 Design Review 03

11 99

shall California 5 Allparking areas street property setback the lines along Fred Waring 10 minimum ten foot from landscaped use of compact parking Drive with a 20 average through the project to allow the
Heritage

Court

Project

India

provide a

Services In the by the Director of Development site plan acceptable the Director of Development Services mav approve a modified spaces
as approved

alternative

minimum three foot planter to the developer to satisfv said setback requirements 10 A lines east property abutting the Heritage Palms shall be provided along the south and and one 8 hedge Country Club A minimum of one shade tree per 20 linear feet shall property
line be

provided along this rear

the clwaff planter area in addition to pm 15 Provide or show 6500 l oleander shrubs Citv s alternative developer requested deletion of in any case no there exists a water system capable of delivering a fire flow dur ation at 20 hours gallons per minute for a four less than 6500 pressure which must be available before any combustible material is placed on psi residual operating based on UBC type V the construction site Fire flow is California Fire Code N construction and building protected with automatic fire sprinkler system Ref fire flow capabilities may be required but this will 2

section

903

NOTE Additional

be determined and based on future

the sprinkler credit

An exact

building plans This fire flow does not the fire flow will be determined when
has

include

information to exact buildinl plans We did not have precise not shall l o cated be to on site fire hydrants determine a fire flow 6 Approved accessible around the di r e ct i o n as measured by an approved route exceed 350 feet apart in any

Fire Department

exterior

of

the

facility

or

building

and

no

portion

of a

buildings perimeter wall shall

be

than 175 feet from flow Ref CFC section a fire hydrant Fire hydrants shall provide the required fire developer his representative or 42 Citv s alternative developer requested deletion 25 The 9032
further

903

a third party Street in a

as mav

be approved
the City of

bv

the

Citv

Enl

ineer shall improve

Jefferson

manner consistent with

Major
A

an Augmented of

roadway

as

part

lndio General Plan 2020 as of the first phase

WilliamsDirectorofCommunityDevelopmentServicesBuildingSafety1CorellaDirectorofPublicWorksCityEngineer4

City
i

alternative developer reauested deletion 1 The conditions in Item no

s

49 and 50 may be modified due to portion of these improvements If these improvements are performed by others the Developer his representative or a third party as may be approved by the City Enl ineer will be responsible for
all
is
City

25 30 37 39 48 parallel project developing a

s local share costs

it
these related improvements

obligated

to

fund

for

52

The developer oVlrner

of

or successor in interest shall participate cooperate in the formation future City initiated Community Facilities District and or Assessment

any

District for public facilities and or public services We appreciate your commitment to working through these issues and look forward
to

the
successful completion

of the
Heritage
Court Sincerely
Tom R Copies

Project jL

City Manager 99 file

03 CUP

DR 0311

800 file EKotkin City Attorney S

WilliamsEdKotkinEsq

1
mRamirc7 It

r at

India J

unl 2 2004

We
our

have also recently

learned

result

of

traffic

left

turn out

study which movement from

We

was
the

arc additional requested by the City Stafe showing

shopping

that there

Condit ons the We

forthcoming as viability of

had a preliminary discussion about thesc been given anything definitive at this time
this

center onto additional Conditions with

Fred Waring Drive City

Staff

but

have have not

at

would like to address any ofthese additional Conditions

time as wdl It appears after six at the staff level and is provided

months

of
our

discussion

we will

not

be able tosettle our differences

the

would

like

to repeat

request

for a meeting with

City

Council

as

be our project hasbeen delayed pending resolution of these issues We have now lost almost six months from our schedule and our ability to retain tenants for this site is being tested We ask that this meeting be scheduled
us can

for in Condition 53 calendared

Please call at you

Council meeting

earliest

convenience to let
are aware

know when this

for

a City

As

I am sure

you

as soon
Xp

Sine erely jG
possible as

eLC

Christopher

Fahey I 0JC1 CF kw
eeAlexander

Haagen III Andrew Natker

Susan

ofthemanualcountsarecontainedinAppendixAattachedtothisletterreport

LINSCOTT LAW GREENSPAN

r GI

Mr Mehran

Sepehri

City
June

of lndio

RS

25

site will be provided via three Street and two driveways located on Fred Waring Drive Based on the City s Conditions of pprovaL the northerly and southerly driveways on Jefferson Street as l well as the easterly driveway on Fred Waring Drive will be limited to right turn ingress and right turn egress movements In addltion the middle driveway on Jefferson Street and the westerly driveway on Fred Waring Drive will be limited to left turn ingress right turn ingress and right
driveways located on Jefferson turn egres

2004

Page

2 Vehicular access to

and

from the project

movements

The

f owing

sectlOns
ofthe

have been prepared

left turn

egress

to

review

the feasibility

to allow

movements out

westerly

driveway

on

Fred Waring
Drive
the In

Project Setting Fred FVaring Drive is an east west roadway that borders the project site project vie1l1ity three through travel lanes in each direction with a raised center

to the
median

currently

provided on Fred Waring Drive Exclusive left and right turn lanes are available in both the eastbound and westbound directions at the intersection with Jefferson Street Bicycle lanes are also provided on the n011h and south sides of the street Fred Waring Drive is posted for a 45 miles per hour MPH speed limit east ofJefferson Street and 50 MPH west of Jefferson Street It should be noted that Fred Waring Drive is fully improved to standards set forth

north are

Major

A classified
Plan Jefferson
project Street

roadway

in the City of Indio

project

for an

Augmented

General

the

provided on Jefferson Street Exclusive left and right turn lanes are available in both the northbound and southbound directions at the intersection with Fred Waring Drive Jef erson Street is posted for 45
currently

is a north south roadway that borders the vicinity one through travel lane in each direction

site

to

the west

In

is

MPH speed limit should

classified

roadway per the

a north of Fred Waring Drive and 50 MPH south of Fred Waring Drive be noted that Jefferson Street is proposed to be improved to an Augmented

It

City ofIndio General

Major A

Plan providing three through travel

lanes in

Counts To document the existing traffic conditions in the project vicinity manual traffic counts ofvehicular turning movements were conducted in March 2004 at the Jefferson Street and Fred Waring Drive intersection during the morning AM and afternoon PM commuter periods to
determine the peak hour from 7 00to 9 00 AM 4
traffic volumes to

each direction Traffic

The manual
the

traffic

counts

were

conducted

determine

Alv1 commuter peak

hour

and from

00

traffic volumes at the Jefferson Street

peak hours

to 6 00 PM to determine the PM and Fred Waring Drive intersection

are shown

commuter peak hour The existing during the AM and PM commuter

inFiQ

ure 3 Summary data worksheets

thatthenewtrafficsignalbeinterconnectedtotheadjacentexistingtrafficsignalatJeffersonStreetandFredWaringDrive

L1NSCOn LAW

Mr Mehran

Sepehri
of lndio

GREENSPAN N
1

City
June

25

Project Traffic 2004 Page 4 Assignment Project generated traffic was distributed and assigned to the local roadway system based Distribution and ona trip distribution pattern which reflects the proposed project land use the planned site access scheme existing traffic patterns characteristics of the surrounding raadway system and nearby population and employment centers Theproject traffic distribution percentages forecast at provided in Filmre 4The forecast praject the westerly project driveway on Fred Waring Drive are traffic valumes at the westerly praject driveway on Fred Waring Drive during the weekday AM and PM peak hours as well as on a daily basis are also provided in Figure 4 It should be nated that perCity s comment the project s outbound distribution percentages at the westerly project driveway on Fred
Waring Drive

have

been

increased

so

as to

reflect

aconservative worst case conditians

Analysis The City of India requires that traffic signal warrant studies be prepared using guidelines set forth in the State of California Department of Transportation proposed west e r l y project The driveway will form a new T intersection CaItrans Traffic Manual on Fred Waring Drive approximately 550 feet east ofthe existing Jefferson Street centerline A copy of the Caltrans Traffic Manual traffic signal warrants as well as the traffic signal warrant data Traffic are provided inAppendix determined to be the major street
intersection
The

Signal Warrant

worksheets

B which

westerly project driveway was determined

Drive was provides two or more approach lanes to the to be the minor street which was assumed to
warrant

For

signal

analysis purposes Fred Waring

provide two approach

City

lanes to the interscction with Frcd Waring Drive Based on discussion with on Fred Waring Dnve currently exceeds 40MPH for although the speed limit purposes of the signal warrant analysis the project vicinity is considered to be an urban area since future develapment in the area will likely increase traffic volumes and
staff
reduce traffic speed on Fred Waring

Drive Jt should

be noted that

future

signal on the major streets Based on information providcd by Waring Drive is estimated to carry approximately 30 Fred of Jefferson Street in the year 2015
warrant

traffic

studies be prepared using the City s

forecasts

the City ofIndio requires that General Plan future traffic volume ADT City staff per the General Plan
800 conditions ADT east

As
shows

discussed previously Fred

Waring Drive currently carries

approximately

20 740

ADTFigure

9 4

from

the Caltrans

the to satisfY the traffic demonstrates that the

minimum westerly

Traffic lvlanuai was used as the traffic sir 11al warrant Figure 9 4 minimum requirements for the estimated daily traffic volumes in order average signal
warrant for a new intersection Figure 9

ADT requirements for Wanant No 2 Intenuption

011

of

Continuous Traffic is satisfied for

the Drive

proposed

driveway intersection Based

traffic

thc

satisfaction

of the Caltrans
project

traffic signal Waring

warrant the
is

installation of a

signal

at

the westerly

driveway

on Fred

recommended In addition it

is recommended

accOlmnodatethefuturetrafficdemandinthevicinity

LINSCOTT
LAVV

Mr Mehran

Sepehri

City
June
S
i

of Indio

GREENSPAN
C E
F

25
6

2004 Page
Approach

Delav Analvsis Table 2 summarizes the average delay for each individual traffic movement at the intersection under the future year 2015 with project AM PM peak conditions During

and

the AM operate at
very

peak hour
the

all the

individual

good

levels of service e g LOS northbound

peak hour
at
LOS

to movements the A and LOS B conditions During the PM

turning

at

intersection

hour are anticipated

project
while

drivevvay left

turn and righHum

movements

movements are anticipated

to operate
at LOS B

conditions

the remall1ing

at
overall

the

intersection

are expected to operate

A and LOS B condit ons

The

intersection

is anticipated to operate at

LOS

inthe future
2015
with

2015 with project AM peak hour and

LOS

A in the

future

project PM peak hour Based on the above average queue and approach delay analyses it is concluded that the intersection laneconfigurarions as recommended for the Westerly Project and Fred Waring Driveway will adequately accommudate the Drive future year 2015 with

project traffic conditions As a result the potential provision of an additional northbound lef1 turn lane out of the project driveway the provision of a separate eastbound right turn only lane into the project driveway as well as the extension oftbe proposed westbound lef1tum pocket to 200 feet are not warranted and
therefore not

recommended based

on

the above analyses On Site arking Layout Modifications To climinate any potential conflicts between vehicles entering the project driveway from Fred Waring Drive and those vehicles leaving from the drive aisles located south ofthe project driveway it is recommended that the east end ofthe first
aisle

drive of

be closed
wil

Under

this

scheme

an opening to allow
second

vehicular access to the parking

spaces

in the first

drive aisle

be provided via the

drive aisle

J1

should

be noted that a loss

seven parking

spaces

scheme Improvements Based on discussion with City ofJndio staff roadway improvements are planned for the intersection of Fred Waring Drive and Jefferson Street As noted previously both Fred Waring Drive and Jefferson Street will beimproved to Augmented Major A classified roadway standards per the City Ceneral Plan In addition to providing three oflndio through travel lanes in di r ecti o n two each left turn lanes are also planned to
Fred
Waring

will result

under this layout modification

Drive and

Jefferson

Street Intersection

be provided
in

on each
and

additional capacities

approach to this intersection These roGldway improvements will enhance the traffic operations at the intersection to

result

820ShDpplngCentertripgeneratiDnequationrateswereusedtDdevelopaverageratesfDrthsentirecenteandwerethenappliedtDtheretailcomponentDftheproject4iELandUseCode850Supermarkettripgenerationaveragerates5iTELandUseCDde881PharmacyDrugStDrewithDriveThroughWindowtripgenerationaveragerates6JITELandUseCDde912DriveinBanktripgenerationaveragerates

LINSCOTT LAW GREENSPAN

E

Table 1 PROJECT TRIP

GENERATION

1 Heritage

Court

Project HOUR PM

1 Jur 2004 PEAK 2

DAILY AM PEAK HOUR

TRIP ENDS

VOLUMES

VOLUMES
i

LAND

USE

SIZE VOLUMES IN

OUT
TOTAL IN

lOUT
i Retai i 13 53

TOAL

920

GLSF 3 392 48 31

79

15
163

314
52

Superrnarket GLSF 5 104 I66

4 848

43

604 Drug StDre w Drive Thru 5 14 490 GLSF 1278 22 17 39 74 77 151 Bank

170

308 296

wi Drive Thru

is 4 400 GSF 1 TOTAL 11 685 205 656 I 1 309

167

31 24 55 120 120 240 II I

I 138 343 653 i 1Source ITE Trip GeneratlDn 6th EditiDn Dr leaving 31 ITE Land Use CDde

1997 2 Tnps are

Dne

way traffic mDvements entering

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INTERSEC HJN TURNING MOVEMENT COUNT SUMMARY

307 313
I C
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94 111 104 6S
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5 SBR

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5
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69

48
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7 6 6 28

THE TRAFf IC

35

5
11 6 1 LECT LLC F FRED NARINC
N AO

7 28 9 28 INDIO R1TAGE COURT r RO JEC INDIC DRIVE E O JEFcERSON STREET

7 7

9 7

SJLiTIO ADT WORKSHEET

12

28 6

Linscott Law

Greenspan Engineers

APPENDIX B

Traffic

Signal

Warrants

thedirectionofhighervolumeontheminorstreetmaybeononeapproachduringsomehoursandontheoppositeapproachduringotherhoursCWarrant3MinimumPedestrianVolumeAtrafficsignalmaybewarrantedwherethepedestrianvolumecrossingthemajorstreetatanintersectionormidblocklocationduringanaverageclayis100ormoreforeachofanyfourhoursor190ormoreduringanyonehour

9 2 TRAFFIC SIGNALS

AND

LIGHTING

Traffic
91

Manual 92
of

1996

FIgures

and

the

minor street volumes

9 3 and

are
for thesame 8 hours During

9 4 are
Sheet 9
4

examples

warrant sheets Warrant

should

be used
locations

only for new

intersections or other

where

it

is not

reasonable to
a traffic signal

those
some

count

actual traffic

volumes The installation of

volume on hours

hours the direction of higher the minor street may be on one approach during BWarrant 2 Interruption of Continuous
Inter uption of Continuous Traffic warrant applies to volume ona major

and on the opposite approach

during

other hours
The
where

should

be consider d

if one or

Traffic

more of the warrants listed below are met A Warrant I Minimum Vehicle Volume The Minimum Vehicular Volume warrant is intended for
ap lication

the traffic street is so heavy that traffic on a minor intersecting street suffers excessive delay or hazard in entering or

operating conditions

crossing

the major

street The
of

warrant

is

where the

volume

of

intersecting traffic is the principal reason consideration of a for signal instl l ation The warrant issatisfied when for each of any
8hours

satisfied when for each

any 8 day the

hours of
traffic
volumes

of an average

anaverage
given
in

day

the

traffic

volumes given

inthe tllble

below exist

the
the major volume

tllble

below

exist

on

street and on

the higher

on the
the

major street volume

minor

and on
street
approach

minor

street

approach

to

higher

the intersectionand

to Vehicles
per

the intersection
Vehicles per es

Imber of
for hour

the

signal

instllllation will

not seriously

on hour

on

movrng

major disrupt progressive traffic flow Number of Vehicles per

street higher volume

Laftic

on

total of

both minor

street each approach approaches approach one direction moving

Vehicles

per lanes
higher

for hour on hour on

major street

volume

traffic on
approach

total of

both minor street each

on y
Urban

Major

51 Minor 51 Urban Rural

150 105 2 or more 1 600 420 150 105 2or more

500

Rural 1

350

approaches approach one direction on y Major 51 Minor 51 Urban Rural Urban Rural 11750 525 75 53 2 or more 1

20rmore

200 140 2 or 200 140 The major street

600

420

more

500

350

75 53 2 or more 2 ormore 900 630 100 70 1 2 or more 750 525 100 70 The major
street
and

900 630

the minor

street volumes are for the same

hours

During

those

8hours

onthesameminorstreetapproachequalsorexceeds100vphforonemovinglaneoftrafficor150vphfortwomovinglanesAND

9 4 TRAFFIC SIGNALS

AND LIGHTING

Traffic Manual
a

1 3 There exists vehicular traffic

to

the

extent of 80percent

volume of

not
or more of the stated numerical values I Warrant 9 Four Hour Volume Warrant The Four Hour Volume Warrant is satisfied when for each ofany Vehicular

less

than 80 of the
in

requirements specified

the

Mmimum

Volume Warrant or the

Interruption

of Continuous

Traffic Warrant

AND

4The
will
not

sIgnal installation

seriously disrupt

of an average day the plotted points thevehicles per hour on the major street total of both approaches and the corresponding vehicles per hour onthe higher volume minor street approach one direction only all fall above the curve in Figure 9
four

hours

representing

progres ive traffic

Systems flow G Warrant 7

for the

combination existing

of

approach lanes

some Warrant A traffic signal installation at intersections may be warranted to encourage concentration

Whenthe 85th percentile speed of the major street traffic or when exceeds 64 km h the intersection lies within a built up area of an isolated community having a population ofless than 10

of traffic flow networks The when the common intersection of two or morc major routes has a total existing or immediately projected entering volume of at least 1 000 vehicles during the peak hour of a typical meekday or each of any five hours of a Saturday or Sunday A major route as used inthe
and

organization

systems

warrant is applicable

000
satisfied

the four hour volume requirement is

when

the

plotted points

referred

to

fall above the

curve Delay

in Figure 97
of

for the existing combination

above

approach lanes

warrant has one or more of the following characteristics L It is pan of the street or highway system

J Warrant 10Peak Hour Delay Warrant is are such that minor

Warrant

The

Peak Hour

intended for application where traffic conditions

for one
hour of the day entering or hour condit ons given

street traffic suffers undue delay in

warrant

that serves as for through

the flow

principal

traffic
entering

network Itincludes rural or

crossing the major

delay
below

is

satisfied

street when

The

peak

the

suburban

outside of J It appears as
plan

highways

such

or traversing a city or amajor route on an official as a major

in an urban

exist

for one
minute

street

plan

hour any four consecutive IS of an average weekday The peak hour delay warrant is met when The total I delay experienced by traffic on one minor street approach controlled by a
periods STOP sign
equals

area

traffic
of

and

transportation

study

Combination

Warrants

In where

H Warrant 8 exceptional cases a signal

is

or

exceeds

four

vehicle
and AND

may be justified
but
where Warrants

nosingle warrant

satisfied

hours for

one
two

lane approach
lane
approach

I and 2 are satisfied

five vehicle hours fora 2The volume

CI912ClPhoneFaxSlS2466SO675382400430eXHOITF

Susan Williams
rom

Fahey cfahey@haagenco com 27 Tuesday July

Chris

2004249 PM
FW
India

Susan

Williams

Alex

Haagen

III

Andy Natker

1
Site c Subject 1

Plan pdf J I

Partial

Site

Plan

pdf

Jefferson
we

project

reflecting

a
abo

change
flew

are
Mehran
s

proposing

the

Attached in he signal The change

conflict
and

3usan

are

revised aisle

site

oarKing

ror he Fred Waring plans design at the red Waring driveway where
design

In j
etween up

is a response

to most

John

Corellals

and aisle

concerns autos
entering

a t or dif
palatable to

vehicles in
at the
che

the to

northerly

parking
waiting our traffic

and

for engineers and

radius

the

signal

he site This jesign

is
much

queing
us

driveway
design

ers sligntly from

Please no
e

while suggested by
exit we have
site

lTIOre

as the

well that throat inside

widened
for

the
the

at

the

driveway assist

or inbound ith getting

cars and
off

widened
Fred

the

inbound

cars
a

to

little
Hl

more quickly t ha r J

cars Ca jOll

of these

Waring
to John and Mehran
for

forward

plans

their

eview

and

conure

th

ir

e mail
addresses

b Original

Message

Michael om

Fisher Tuesday
2004
Ju

mailto 27
PM

MichaeIF@lha rchitects

com

ent

1 27

To
P

hr ris Fahey

ndy
l

atker e 1 the configure bay attached ndi J hris Please find re resent The sketch traffic report 3ny dead the parking in this situa ion We avoid There is a a
al

Sub a ow
in

ie
revised

t per

site would

plan

W end

rypically
ing

ends

the

parl
in

of

four

cars

lost

lieu

of

the

seven

lost
F

in the traf ic nGineers

heme

Hi

hael

sher roj
l t anager

eet eiden cs Horowitz

ASSClC

1f33 Victory Blvd

lendale

IOncIIr

G
J

lJ u

o
J

LI

I
l
i

J
I

fiT

I
I
v

0
I

m
30

o
t

l I
0

0
c

A
e

primafaciespeedlimitis25mphintheresidenceroad

Agenda Report Speed study along

Calico Avenue

August
4

2004

Page 2 However the

Traffic

Manual does provide additional discretion

below

to

set the

speed discovered
that

limit another 5 mph

this

limit when a history of

traffic
accident history had

accidents
we

related

to
only

speeding exists After reviewing

the

recent

traffic

there was

a total of one 1 accident that

occurred

within the

last

2 1 2 years Recommendation There is no

action needed

for

this item at this time

The Traffic

Advisory

on Calico Avenue is adequate based on the speed survey and accident report The Advisory recommends not installing a mph limit sign Traffic Committee also 25 speed along Calico
recommendation of

Committee

is that the

existing speed

25

mph

Avenue since the

nmhRotfr1f1C2d22vE9ISSvSJidtJSal11DsStJlU11lDj18501VODEInr

CONTRACT FOR SALE

OF LAND

is made by AND SALE the Agxeementj TIllS CONTRACf FOR PURCHASE referred a Delaware corporation hereinafter and between D S HOME CORPORATION referred to as mchaser and HAAGEN COMPANY LLC hereinafter to as uSell this

day of

agrees to sclllO Purchaser 1 SALE AND PURCHASE Seller Exhibit A the property descn bed on Seller purchase from and Purchaser agree to shall reserve to reference the Property Seller herein by attached hereto and incorporated aDd mineral
July 2000 itself

in oil gas and all previously unreserved interests feet under the propcrt without of adepth below 500 and other bydrocaIOOn subslances The real to grant surface entry and without the right of surface right entry the paragraph is hereinafter referred less thereservation in 1his described in Exhibit A propertY

any

reimburse Seller for costs incurred for the of One Hundred Thirty One

shall also to as the Property Purchaser in the benefit of the ProperlY Reimbursables 131 Thousand Two Hundred Dollars

amount 200 The

purchase shall be paid lIS follows l oosit Within three 3 deposit Agreement purchaser shall

price

business days of the

execution of

escrow lnitiaJ and

into

Fifty Thousand Dollars S50 Deposits

Additional

of Purcha CI and to or set fonh above Prior and be credited against the Purchase Price Feasibility Period purchaser the concurrent with the expiration of Deposit 000 00 the Additional Th o u s a n d escrow Fifty Dollars 50 shall deposit into Escrow Holder in Paragraph 7 defined purchaser s Feasibility Period as Upon expiration ofthe which date that Seller On release the Initial Deposit to shall immediately expiration of the from the 120 days is one hundred twenty Deposit toSeller Subject release the Additional Feasibility Period Escrow Holder shall immediately non refundable to Purchaser the Initial and Additional Deposits are to paragraph 7 below hereof In
account with interest bearing

defined

accruing

herein tothe benefit

tlUs Deposit The 000 00 the Initial interest into an deposi t e d below shall be
shall

apply 10

deliver title unless Seller defaults heretlJlder or cannot Initial and Additional ofPurchaser s default the case
and

pmsuant to the terms

Deposits

all

in accordance as hereinafter ddined

cenifil d United

liquidated damages paid 10 Seller lIS Date Closing the Closing On b Cash at with Paragraph 12herein Reimbursables in and Price pay 0 Seller the purchase purchaser agrees 0 wire transfer or St tes funds by
accrued

interest

shall be

other immediately Additional Deposits previously paid

the milial and funds less S federal 3 CLOSING DATE 10 the purchase Price and credited

available U

all purposes For

herein

The

Closingor

Closing Date

occur shall

within ten 10

days

the following

ap roval ofEntitlements

or

one

hundred

lwnni n1

1f

nrl

nntr

t r

Jld8saooSS8uoBSolvoDElnr

period In 90 day Feasibility prior Period premium incident to responsible to pay the incremental shall Purchaser be such event Purchaser shall expiration of the ALT A Period On or before disl pproval in Purchaser such upgraded policy approval or Seller sattorney of it s or give wrinen notice to Seller Commitment which did oot ALT A the red in contai matter any s sole discretion of from the actual receipt clays shall have ten 0 Seller Commitment A appear inthe CLT to cure the objections or defects to elecr to cure or not ofsuch notice of disapproval obligation to cure same or Seller sha have no Purchaser notice to writing sO specified by wnnen Seller notifies purchaser in tocontinue such efforts If is commenced day if such cure within sBid ten 0 objections f1f defects such that it elects not to correct by Agreement ID days in which to terminate this or period then Purchaser shall have ten Deposit and all accrued iJltcrcst the rerum of the Seller lll1C thereby receive AJ Price written notice to Purcbase writing with no reduction in the
and to the

expiration

of tbe

nine

defi cts in or such objections waived in writing Objection Jy such defect or

to waive
Exception

to

within such

become anALT A Permiued receive such written notice timely to Purchaser fails to cause title If be conclusively deemed to have dayperiod purchaser shall

shall

Seller

ten 10

approved the AI T

A Commitment

set
closing

fortb

JJJ paragraph

close to the 3above subject

6CLOSING PROCEDURES
Purchaser

shall

on

the

Property as

procedures ofmis

Property Agreement al Conveyance The

deed subject only to ealestate tax

conveyed by Seller hereunder

to purchaser shall be by

for be current any permit ed Exceptions previously

rights

and govemmental regulations year applicable zoning other llS e55mentS reservations Purchaser the by in writing
approved
all

grant

es and or assessmentS

of way

may appear of record and Property would disclose

liens covenants restrictions obligations and liabilities of the matters which aphysical inspection
encumbrances

as

dBys

shall CLTA Commitment and ALTA Commiunent was ordered an updated insurance or ifno A a CL T Permitted Exception encumbrances previously approved as copies of restrictions liens or not accepted by purchaser A Permitted Exception previously or an AI T Excepti o ns Ifany was ordered by Purchaser Additional if such Commitment wall notii Se ler
Title

len 10 Title Insurance At least Costs of Sale 0 1 the Title Company Cl o si n g Date 20 days prior to the but nO more that twenty Commitment oftitIe Seller sexpense an updated ALTA provide at

Additional

Title Exceptions

ac eptlble ayenot

to purchaser

purchaser

within four 4 days to elect to cure the 0

days after receipt of

such

of i objections hereof If Sellcr fails to cure the Paragraph 5 closing defect itself and utilizing or ii curing the accepting titleas itthen stands same from the cash cure such defect and deducting any proceeds to the extent necessary to excluding 2 above paragmph forth in Price as set portion of the Purchase terminating this Agreement as the Property or iii purchaser s activity
purchaser shall have
the

defect or lcrm

Additional Title Exceptions Seller shall nate this Agreement as

have

ten

in

option

defect caused by

on

tbe portion to

of

Properly affected the

such title defect winUl by

rrl

ntrhr

ntr

ar

hn

mm

oF

rlnr

GGvE9166v6

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Preservation

siatwna J

Preservation Conference

2004

Page

1 of
1
NATIONAL

TRUST

1I5

explore
0i J

the
theme

Us j
J

TIOi General PRrSU

Restore America
Information RllgislJa1ioo Conference Schedule
Information

Communities

at

Crossroads

W
1

1
1 1 1i n if The National I Preservation Conference provides all important know how Innovative ideas and

j
Updates Housing Conference Lea ml1ipl FulureConhmmces

inspiration for

persons

saving America s historic places and revitalizing communities The Conference is the premier educational and 1 networking event for community leaders volunteers and staff of the historic preservation movement

Louisville a city known for its diverse beautiful landscapes and vital commercial areas is a perfect

historic
location

eighborhoods

to

Contact

OCTOBER 3 2004 1 LL 1 SEPTEMBER 28 America Communities at Highlight preservation

Restore All
rights

aCrossroads

specific to the South such as Rosenwald Schools and landscape conservation Share cutting edge ideas and

endeavors

res rved

tactics for financial incentives neighborhood revival downtown revitalization affordable housing transportation and organizational development Engage your peers in roundtable
discussions to seize in heritage tourism historic sites rural conservation and preservation advocacy The conference offers a rich educational experience that can be tailored by each participant tohis her own interests an unparaleled opportunity to share issues
op ortunites

Term

Pres rvation
of
Use

PrivacyStatel1 ent
https
www

nthpcofern
t I

and

tactics with

colleagues

from

across

the

country

and a chance
r l l

org

to bring back to one own community new s knowledge tools contactsandinspiration A Program of the National Trust s Center for preservatio lLeat t @ T hip

Trust National forHistoric

rnmTnhAAonAne22vSSlSSvSJld8saeloOSS8UIOeSSOlVOOSIn

Feasibility Period to cause SeIler all accmed receive a refund ofthe Initial Deposit pIllS feasibility ofthis mmsactiOD and said time period notice of disapproval within interest If Seller has not received such of this transaction and the the have feasibility approved Purchaser shall be deemed to
the
to

receive Written notice ofils

disapproval oftbe

Deposit Initial and Additional Ikposits sball be nonrefundable Period The Feasibility may be to Seller immediately be rclcased by Escrow Holder 1he Extension 1 additional thirty 30 day period extended by one by Seller received which must to Seller be Period by Purchaser upon written notice Seller the expiration of the initial Feasibility Period three 3 days prior to of this earlier or Closing tenninatioD hereby gnmts Purchaser from the date hereof until consent for Purchaser and Purchaser s Agreement the right license permission and performing for 1he purposes of the upon
and Ute Initial
agents or independent contractors Ul

shall

Property enter Purchaser shaD indemnify and hold Seller harmless thereon tests actions damages that may be incuned oy Seller as a result of such from and against any and independent contractors Purchaser agteeS to by Purcbaser its employees agents as a result repair any damage to the Property promptly refill boles dug and otherwise to of result as a its activities Purchaser will penn it no lien to attach to Property of to and agents representatives contractors the activities Purchaser shall require all its not less Sel l e r as insured in an amounl liability i n surance naming obtain all such 10 limit with r e s p ec t 000 00 combined single than 1 000 Property fPurchaser conductS any feasibil ty Purchaser sdirection on the activities conducted at t e r m i n at e d by either party STUdies and in the event this Agreement is other any surveys correspondence or Purchaser shall provide copies ofall reports studies and analyses

items obtained

pursuant to this paragraph

addition to the Feasibility Period in PERlOD In the eighty I80 days from the end of

to Seller 8 ENTITLEMENT Paragraph 7above Purchaser shall have one

ninety 90

hundred

day Feasibility Period

withoul

itself shall cooperate shopping center on the Property Seller at no cost to retail center in timely for the proposed with Purchaser to process plans and approvals shall bear all costs associated with the and efficient manner Purchaser

consideration

of the Extension

Period

to

ohtain enritlemenls to construct a

plalUling and proce ssing ofapprovals for the

retail center Entitlements 9 IMPROVEMENTS TO BE COMPLETED BY 8Seller and Purchaser covenant and agree that the following

SELLER

AND

PURCHASER

Purchaser

i Fred

the Improvements shall be completed by the Seller or City of Indil Waring Drive and Jefferson Street shaU becompleted by Seller or the

improvements

assistance from CV AG so as to allow Jefferson Street adjacent traffic ii The improvements from curb line out along Fred Waring Drive and City of mdia to the Property have been or will be completed by the utilities required Or appropriate sewer and dry serviced water with curbs with where gutters and utility All stubs
with financial

tw WIlY

will be

deIiveted to

tlle

property rear

line

Royal along

Domoch

Drive

only

nm

rl

nn

t l1tr

llr

hnl

JldsaloosSUIODD11vDDEInr

02

10 04

09

OD8 TIlE PARTIES AGREE AND STIPULA1E TIlAT COMPANY 58 FAX 3103754448 HAAGEN THE EXACT AMOUNT OF DAMAGES FOR AS OF THE EFFECTIVE DATE MARKET WOUlD BE EXTREMELY DIFFICULT TO HOLDING THE PROPERTY OFF THE DEPOSITS CONSTITIJTES A REA THE ASCERT AlNAND TIlAT
NABLE ANDFAIR APPROXlMATION OF SUCH

DAMAGES AND

IS
SEllER S DEFA Notwithstanding Seller shaH DOl be in default anything 10 the contrary contained in this Agreement entitled toexercise any rcmedies hereunder Wlless Purchaser be hereunder and Purchaser shall not any ap licable cure period hereunder and Seller i is not in default beyond by Seller herein or becomes false in any matL is bas knowledge that any representation or WIlTTllDty made of a material covenant or riaJ respect or ii fails to cure its breach 30 days of undertaken by SeUer hereunder within thirty obligatjOD made or sut b breach or iii refuses Seller s receipt of 11 reasonably dewled notice specifying days of any Property in accordance herewith within thirty 30 convey
OT

AAi TY

SEllER n

to

tide

to

Seller
be

s receipt of notice of such breach

Any Closing shall automatically

extended to of thecure
shaU

allow Seller 10

effect

the above

period provided above

and

Seller within thirty 30 days of

referenced cures After the expiration s default Purchaser

give Seller

written notice
PWl baser

of

selection sobligation
thereupon

ofone
to

of

the fol owing

remedies aTo To or b

seek

specific

performance of Seller

convey the Property

lerminate

this Agre emeDl and

to cause Seller day period Purchaser shall have DO further right to demand specific 30 agrees that JI im vocably waives any right todamages Notwith51aJlding tbe Purcbascr performance Seller default Seller has cured the breach prior to foregoing rights if following a Purchasc r s exercise of any remedy provided in this Agreement Purchaser shall have
no further right toexercise any remedy the cured

toreceive

Purchaser fails receive a return of the Deposits If such notice of election within such llrirty

for

default 14 REPRESENT

A nONS

AND WARRANTIES

OF PURCHASER aPurchaser

is duly organized existing and in good standing under the laws of California is authorized to transact business in California and has not filed voluntarily or involuntarily fOT bank
nlptcy relief StateS

Bankruptcy

within the last six mOnths under the laws Code nor has any petition for

of

the United

bankruptcy or

recivshp

been

filed

Purchaser within against the

last

six months

WTWnm YO

rt

IlTrtT1ll

hn

rrmm

ll

cu

rln

Rod vE9166v6

lnrJldIiJOlO

14A

LUJl

444 lIMGEN

DE

COMPANY

to submit

taxconsequences of this Agreement or the transaction and this Agreement to his respective attorney before signing it

each

signatory isadvised

matters

in question

tothis Agreement or the breach thereof shall be

17 ARBITRATION OF DISPUTES All claims disputes and other between the parties to this AgTecment arising out of or relating

decided by mandatory and binding 3lbitratioo in accordance with the rules of the American Arbitaion Association C AAA currently in effect unless the parties mutually agree otherwise The following
procedures
shall apply 8 Demand for llTbitration shall be filed in writing with the other parry to this Agreement and with the AAA A demand for arbitration snaIl be made within are onable time after the claim dispute or other matter in question has arisen In no event shall the demand for aJbitration be made after the date
such

oflegal or equitable proceedings based on question would be barred by the applicable

S13Me oflimitations b No arbitration arising consolidation by
joindE out

claim dispute or

when

institution

other

matter in

include party to

of or
other

T or

any

this

Agreement

except by

tothis Agreement signed by the panies hereto and any other person or entity sought to bejoined Consent toarbitration involving anadditional person or entity shall not constitute consent to arbitration of any claim dispute or othel
described

relating to this Agreement shall manner an additional person or entity not a written consent containing a specific reference

in the

written

CODSellt

maner

in quesrion not

or

with

therein The foregoing agreement to arbitrate lIDd additional person or entity duly consented by the parties to this Agreement shall be specifically enforceable in accordance with applicable law andany court
with an
having

described

person

or entity

not named 01 other agreements to arbitrate

jurisdiction

thereof c

be final and judgment any court

having

The award rendered by the arbitrator or arbitrators shaH may be enlered upon it in accordance with applicable Jaw in

jurisdiction thereof d All filing fees and AM costs associated with the arbitration itself shall be paid for by the pa1ty who files the notice of arlJitration

be recovered by the filjng party in the event said party prevails Any issues regarding who is he prevailing party shall be determined by the arbitration pando The prevailing party also shall recover fromthe all non prevailing anorneys fees and COsts including fees and costs for legal assiSlants and party expert witnesses and including all fees and costs incurred relative 10 any chaJlenge or appeal of the arbitration award or confimlation by a
law e NOTICE BY INITIALING IN 1HE SPACE ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF 1HE MATTERS INCLUDED IN TIlE ARBITRA nON OF DJSPUTEs PROVISION DECIDED BY NEUTRAL ARBJTRA TlON AS PROVIDED BY CALIFORNlA
court

all such expenses shall

provided however that

of
YOU

BELOW

AND LAW

DECIDED

u rinwn

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I lY

nm

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n Id c

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Il

Inr7JbqThhirl

Ll

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fo rt

fAAliEN lO

COIfp A1N23 PARTIAL

hJllSlap n

INVALIDITY In the event that any paragraph or portion of the Agreemenl dctcnnincd tobe unconsti utional is or invalid such paragraph unenforceable
ponion

of this Agreement shall be stricken from and construed for all purposes I10t to constiute a part of this Agreement and the remaining ponion of this Agreement shall remain in
full force and effect

or

and shall for all

purposes constitute

this entire

Agreement 24

CONSTRUcnON OF AGREEMENT All panies hereto acknowledge that they have cOUISeJ with regard to this Agreement and that this Agreement t l has been pn pared all panies aud as a result of the joint effOJ1S of respective counseL
had the benefit ofindependC

Accordingly
be COUNTERPARTS 25
construed

all or

parties agree that interpreted for or against

the provisions of this Agreement shall

any

heir not

party

hereto based upon au horship

This Agreement may be executed in any number of counterparts each of which when executed and delivered shaH be an original but all such
counterpatts shall constitute one and the same
instrument

26
the

EFFECT1VE DA

IEThe

Effective

Date or 27

Date

hereof

last party hereto executes lhis Agreement

shall be the date the

rights and obligations hereunder shall be binding upon and inure the parties hereto their heirs successors administrators and assigns where assignment is pennittoo The use of any gender shall be deemed 10 refer to the appropriate gender masr u ine feminine or neUler and whether the singular shall bedeemed to refer to the plural where appropriate and vice
to the benefit of

PARTIES

The

hereto to the conlTary of the approval of the

versa 28 CONDmON
s Seller

PRECEDENT
Agreement

obligatil11l5 under

this

Asset Management Commit ee Such approval shan be evidenced if at all by wrinen thirty 30 days of he Effective Date of this Agreement

Notwithstanding any provision contained are contingent upon its receipt of U S Home Corporation
notice

to Pmchaser
the event

within

In

Asset Management Commillee wrinen approval is nOI obtained this Agreement shall be null and void No waiver of such co ndition shall be implied but shall be expressed if at all only by written notice from Seller specifically waiving condition such 29TIM E Time
is of the

said

essence

of this Agreement 30 NOTICES Notices hereunder shall be gjven to the parties and shall be made by hand delivery facsimile overnight delivery or by regular mail If given by regular mail the notice shall be deemed to have been given within a required time if deposited in tbe U S Mail postage prepaid within the time limit For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculll1ed from actual receipt of the notice Time shall IUn only on
set fonh below

business

days which unn

rA

nrl rni J

tr

hr t

l
r

nmm

rinr

11

ll VO

DEI7JV12

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180SS

Ul

uoEO110DE1nrf41014

02l10

QO FAX u

037544JL

HAAGEN COMPANY

osS8

of conveyance In tne shall bear risk of loss untillhe tIansrer of the deed of any portion of the Property event of any conoemnation eminent domain or taking entitled and Seller shall assign to Purchaser 10 Closing Purchaser sball be prior Property towhich it settlements for Seller Closing

all condemnation awards and

affected

any party hereto to enforce acquires 34 WAIVER OF BREACH The failure of waiver of such or any const r u ed be a not be to any provision ofthis Agreement shall the any partY the val i d i t y of all or of this Agreement or other provision nor in any way to affect provision No waiver of right of such party thereafter to enforce each llnd every such any other or to constitute a of this Agreement shall be held waiver any breach

of

and represents subsequent breach 35 BROKER S COMMlSSJONS Seller warrants this Seller were in transaction involved to Purchaser that no real estate brokers broker other than aforementioned brokers shall indemniJy purchaser against any claim ofany Purchaser or under Seller shall indemniJy Seller against any claim claiming by through and claiming by through or under Purchaser This warranty

of any broker representation shall survive delivery of the deed and closing
of this transaction does

36 DISCLAIMER

OF WARRANTIES

Seller has not made and

not make any warranty or representation express or implied as to the suitability the merchantability quantity quality physical condition or operation of the Property zoning any specific or or fitness of the Property or any improvements thereon if for any any general use or purpose theavailability of water sewer or other utility service or including use its or development matter affecting or relating 10 the Property other compliance with any environmental laws Neither not to Propelty s the but limited the other parry is relying on any statement or representations made by

not embodied

herein

Purchaser

hereby expressly acknowledges

lhat

no such

warranties

in the Agreement that itshall and representations have been made excep as expressly set fonh be Purchaser s obligation to obtain and pay for all commitments for water sewer and other pay the commiunent impact tap in or other fees and charges therefor

utilities and to have been paid by Seller Purchaser acknowledges that the fees no such Property are adequate provisioIl5 of this Agreement for inspection and investigation of the made to withrespect to toenable PlITchaser Purchaser s own deteJ1Jlinat on Property zoning suitability or qutll1tity quality physical condition or operation the of merchantability specific or general fitness of the Property or any improvements thereon if any for any other use or pUlJXlse the availability of water sewer or other utility service or any including or use matter affecting or relating to the Property its development with any environmental laws Purchaser Property compliance s without Iimitatio the caused such inspection 0 be further acknowledges it has inspected the Property or has thcrewi1h and agrees 10 take the Property made and is thoroughly familiar and satisfied
in its physical condition AS JS WHERE
IS

WlTH All FAULTS as

of the
or

date

of

Closing subject to the

express

conditions of this Agreement

Seller

shall not be liable or

bolDld

in any

manner

by any
by

verbal

or

written latement representation

infonna1ion made

or given

anyone

pertaining

tothe Property unless specifically set

forth

in

this

un l Agreement

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ordI
t

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ln

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voOSTnr

AAGEN I

COMPANY

seals IN WITNESS 141016

WHEREOF the

said

parties have hereunto set their bands

and

PJ SELLER

RCHASER
By

President
LJ

v Its Division

ee Date

July

2000

Its

Date July

2000
ESCROW

Bylts AGENT

r1nurnr l u

ltnrt hnr

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tine f1

ii

91

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ontheabovepleaseadvise

LENNAR CORPORATION
MEMORANDUM

DATE

November

Risk 28

2000 FROM Mike Lutz Central Mike Div f

Fallowfield

California

Management

TO RE

New Bond

929 177 177 he above referenced bond is enclosed

for your signature and

handling

If you

have

any questions

tormG23214CCNAForAlltnCommitmentstoutake

CiliA INSURANCE COMPANiES

929

bond

Number

Il
177 177 t P 2Zc

iois

16ES Premium

390

Included on

Performance Bond PAYMENT BOND KNOW ALL MEN

BY

THESE

PRESENTS

That

u
The

Home

Corporation

anc

lnsurance

Company

umo Principal

Continental Surety are

held

and

firmly

bound

City
of Eight Hundred One Thousand

of India CA Obligee

in

the sum

Five Fourteen and 70 100 Dollars

801

Hundred which

5lL 70 successors and

by

for

the Dayment

of

we

bind

ourselves

our legal representatives jointly

assigns has
Streets entered

and severally firmly

these presents

WHEREAS

Principal
dated for O Site

into

a Jefferson Street Miles

contract

with Obligee

Improvements

Avenue and Fred Waring Drive

of whiGh contract Principal shall

Herituge

Palms Tract

28043

ccpy

is by reference made apart hereof NOW THEREFORE if labor and material in accordance with applicable Statutes promptly made payment to all persons supplying inthe prosecution of the work provided for in said contract and any and ali duly Surety authorized modifications of saidcontract that may hereafter be made notice of which modifications to
being waived then this obligation to

be void otherwise to

remain

in

full

force
effect

and
SIGNED

SEALED

AND

DATED

November

2000 21
THE CONTINENTAL Surety

Principa

by Seal

by

w1
J 9hn Plate Attorney in Fact C

andaslistedbelowRecommendedConditionsofApprovalForTentativeTractMap31539TM0373861ApprovalofTentativeTractMap31539shallbecontingentuponCityCouncilapprovaloftheattendantapplicationforProjectMasterPlan02420Amendment

PROJECT MASTER PLAN 20 AMENDMENT 31539 TTM

02

CITY allow

COUNCIL AUGUST 4 2004

PAGE

2 Amendment

and rentative

Tract Map

1131539 to

a northerly the

expansion

of

Las

Brisas

North residential

community

On

November 5
staff

2003

the City Council voted to overturn the Planning Commission s recommendations and directed prepare findings for denial of the project based on the project proposed at that time To date City Council

to

the

has
resolution

not

taken

final action

on

this project and

the

applicant is seeking

final

on

the request The proposed subdivision Bufhllo

has been extended to

modified as follows

TraIl

has been

connect with Calle Diamante

family residential street
lots

The proposed
street

subdivision would create layout

a separate gated community with 35 single consists of asingle cul de sac

The

proposed

approximately 1260 feet

in length with no secondary the north report please A PC PC Staff 2003 Exhibit approving Project

access

to Highway

III to

stall following documents Exhibit Minutes ofSeptember 24 Report of September 24 C Draft Ordinance Master Plan
find the

Attached to this

2003 Exhibit

02 4 20 Amendment Exhibit D E

Draft

Resolution approving TTM

31539

Exhibit

TTM 31539 Map Reduction Exhibit F Agency Comments RECOMMENDED ACTIONS Staff recommends that the City Council take the following actions I Acknowledge the Mitigated Negative
Declaration for
the

original

Las Brisas

North

Project

Master

Plan as

being adequate

for the

proposed project including

the mitigation

measures adopted by

the City Council onAugust

2002

Amendment

with

and as listed below 2Approve Project of the findings and conditions

Exhibit

Master Plan 02

20

the draft Ordinance

in
similar

C3

Make a finding that the proposed subdivision is substantially

to the design reviewed

bythe Planning

Commission 31539 resolution

on September 24 2003 TM 03

and

approve

Tentative Tract Map

7386 with
D

the

findings

and

conditions ofthe draft

in Exhibit

NSINSURANCECOMPANYOFNEWARKNEWJERSEYCOMMcRCIALINSURANCECOMPANYOFNEWARKNJald3YARibikavrskissssbr2eC7e3

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TTORNEY APPOiNTING lNDIVIDUAL ATTCRNEY 1N

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SURANC r CJMPANY DF NEWARK NEW S

OF
corpatins zffu0

NARK

r4

a New Jersey Companies are aUlY organized c a New Jersey corporation herein ccliectively called the CIC SureTy and r 0f l r r c 3t2t tnctt hat e f Jis do liri QV 2 ct n sigr8 ture 8nd 3 j 22 j 3 r l I 8i J hioh dKe consti ute and apoolnt Frank J Patte on Ill John C Plate Jessica
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Warr 1P NY J lew shir8 c2rporation R and COM ERCIA L INSURANCE COMPANY

existing
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their

full their true and lawful Attomey s inract with kings and other obligatory ajfb nds unaa b
Memfieid Virolnla
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power and
of simllar natura

aL

Ctilority

hereby conferred

to

sign

seal and

exe

uta for

on and

same extent as if su h instruments vlere sigr ed by 2 duly ed Amounts and to bInd them tnereoy as fully and to the acts to authority hereby given tneir c o r p or a t i o ns of Attomey pursuant the authorized officer of and all the said

In

uniimn

on
of
President and their

are hereby ratified and confirmed Tnis Pawer of Attorney IS made and executed Dursuant to the reverse hereof duly adopted as indicated oy the Boares Directors of the corporations In Witness Whereof the CIC Surety to t e en hereto affixed

and
Companies

by authority of

the

By

Laws

andResolutions

printed

have caused these presenTS to be signed by their Vice

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day

OT

2l
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15th

june
19 9
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INSURANCE COMPANY

S
OF NEWARK

NEW

Jc RSEY COMMERCIAL N J of Il inois swam did

INSURANCE COMPANY OF
11
Will

NEWARK

jMarvin
ss
On

County of

this 15th

cay

Cashion Vice President State J of June 1999 before me personally came Marvin J Casnlon to me known wno being by me duly

the City of Chicago State of Ilfinais that he depose and say that he resides in VicePreslaent af THE CONTINENTAL INSURANCE COMPANY FIREMEN SINSURANCE COMPANY OF NEWARK NEW JERSEY and COMMERCIAL INSURANCE is a e seals above instrumem that he knaws the seais or saic Gorporatior s that t COMPANY OF NEWARK N J described in ano which executed the Directors of 8 the said instrJment are such corporate seals that they were so affixed pursuant to authority given by the Boards of

aff xed

said corporations and that

he signed his name

authority
like tt1ereto pursuant to acknowledges same to be
de

and
the

act and

2000 l 1 P CERTIFCATE i 1ieen T ofsaid corporations MyCommission Expires June 5 NY FIREMEN S INSURANCE COMPANY OF NE lARK N vV J r INSURANCE COMPi of THE CONTINENTAL SE ana acnura Notary Pudic I Mary A Ribikawskis Assistant Secretarf in force ertify that the Power of Attorney herei n above set forth RK J do still G A C OMPANY F N hereby is COMM CIA N
andfurther certify

that

the

an

the

reverse

herecr are

By Law and sail

Resolution
of

the Board of

Directors

of

each

corporation

printed

In

In
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CONTINENTAL THE INSURANCE

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systemapprovedbytheFireDepartmentforrapidgateentry19ApprovedaddressingshallbeprovidedforallnewbuildingsinsuchapositiontobeplainlyvisibleandlegiblefromthestreetorroadfrontingthepropertyAddressingshallalsobeilluminatedfornighttimevisibilityRefCBCSection502

PROJECT MASTER PLAN 20 AMENDMENT 31539 TTM

02

CITY CQUNCIL AUGUST 4 x 22 x

not

2004

PAGE

4 12 Approvcd super hydrants 6 x

more

than 500

feet

2 1 2 shall be located at each street intersection and spaced apart in any direction with no portion of any lot frontage stem of the 4 means

a feet hydrant The valve be a minimum IS above final gradc which

more

than 250

from

discharge

shall

hydrant screw plate shall be above final grade Contact the Fire Marshal for specifications Ref CFC Section 903A 2 13 Bluc reflective pavement markers shall be mounted
on private

streets

public streets

and driveways

to

indicate

location

of fire hydrants
system fire hydrant

Prior

to

installation the Indio Fire

Services must approve placement

of markers

Ref CFC Section 901A 3 14

plans

furnish one copy of the water to the Fire Services for review and approval Plans shall besigned by a registered civil engineer and shall conform to hydrant type location spacing and minimum fire flow Location of blue reflective markers shall also be shown on thewater plans Once plans are signed and

The

applicant developer shall

India

approved

by

the local

water authority system

for fire

the

originals

shall be presented to the Fire Department

2

for

review and
building
Indio

approval Ref CFC Section 901 2 2

15

Prior to issuance of
by

permits the water

protection must

be provided as approved

the

Fire Services

and the local

water authority

fire

flow

verification

test

shall

be
lot not have

conducted

by

the

Fire

Department prior to any

1

combustible

materials are placed on 6Access lanes than 12 Article

any
ill

Ref

CFC Section901 3

an up or downgrade

of

more

not be less than 20 in width per the 2001 access will Section 2 1 and will have an unobstructed vertical 2 CFC 9 902 clearance not less than 136 Access lanes will be designed to withstand the of thousand pounds over 2 80 weight axles Access will have a turning radius capable of accommodating fire apparatus Access lanes shall be constructed with a surface so as to provide all weather driving capabilities Streets shall

accordance with City ofIndio Street Standards Ref CFC Section 902 17 Gatcs shall be power controlled and gates shall be equipped with a Knox rapid entry system approved by the Fire Department Plans for entry gates and guardhouses shall be submitted to the Fire Department for review approval prior to installation Power controlled gates shall be equipped with emergency the event battery backup power and be designed to be easily opened in
be

constructed in

of power

the

During apower failure gates shall bewired so they open with battery backup power and close when power is restored Required order forms for the Knox
failure

system shall be obtained from the Fire Department Ref ICC Chapter 93 Section 93 07 A 18 Gatcs shall nol have any type of Opticom system installed for emergency access The Knox rapid entry system is the only

guaranteeingthefaithfulperformanceofthisAgreementtogetherwithaSuretyBondinthesumofEIGHTHUNDREDANDSTREETAGREEMENTFORJEFFERSONSTREETFROMFREDWARINGDRIVETOAVENUE43

STREET AGREEMENT FOR JEFFERSON STREET FROM FRED WARING 43 TRACT DRIVE TO AVENUE

entered into this NO 28043 8 THIS AGREEMENT made and A Del a ware Corporation S day of2001 by and between U Home Corporation hereinafter called the SUBDIVIDER and the CITY OF INDIO amunicipal
Corporation hereinafter called the SETH Vv HEREAS the Subdivider ofland in County of Riverside State ofCalifornia generally V1TNES CITY described as

the City ofIndio

follows
7

Tract

No 28043

parcels
being

and 6

as shown on

in book

185

pages 46 50of

8 being a subdivision of portions of map no 28048 onfile parcel County Records all parcel maps Riverside

in the southwest one quarter

ofSection
Meridian

Subdivider has prepared

and

16 Township 5 south Range 7 east San Bernardino Base herewith submits to the Council ofthe City ofIndio hereof

and a

final map ofa proposed subdivision Tract No 28043

to be known as

8 and

WHEREAS

said

the requirements ofthe Code ofimprovements for Jefferson Street from

ofthe

Subdivider isdesirous ofcomplying with City ofIndio relative to the instal ation and payment

Avenue 43 provided for in said proposed tract Fred Waring Drive to by the City plan and the City Code NOW THEREFORE in consideration ofthe acceptance proposed plan for the of the City ofIndio of Council subdivision and recordation of said Tract No 28043 8 said Subdivider

the

City ofIndio that it will COVENANT and AGREES with said two 2 years from the date comply within the time specified to wit 1 Within storm drains required hereof with all requirements for the improvements of streets and Code of the City ofIndio and as such section 19 of the DOES HEREBY

by Chapter

shall affect the improvements for Jefferson Fred Waring

Street between

Drive and Avenue 43 of said Subdivision as determined the proper officials ofthe by the said Council and sidewalks paved roadways street City oflndio TO WIT The construction of curbs gutters lighting driveways landscape and irrigation district cross gutters as required by the storm drainage structures traffic signals and necessary easements from Fred Waring Drive to City Code for Jefferson Street a Surety Avenue 43 Handed you herewith is

Bond executed

2001 in

the

sum of EIGHT

HUNDRED

AND SIXTEEN THOUSA ND

816 637 62 SIXHUNDRED THIRTY SEVEN dollars and 62 100