CITY OF INDIO

City/Redevelopment Agency Agendas are Available on the web @www.indio.org

AGENDA City Council/Redevelopment Agency Closed Session August 2, 2006 5:00 p.m.
150 Civic Center Mall, Indio, California
Call to Order and ROLL CALL: Chairman/Mayor Gene Gilbert Vice Chair/Mayor Pro Tem Ben Godfrey Agency/Councilmember Melanie Fesmire Agency/Councilmember Lupe Ramos Watson Agency/Councilmember Michael H. Wilson

PUBLIC COMMENT: This is the time set aside for public comment. if you wish to speak, please complete a "request to speak' form and limit your comments to three minutes (forms are located in the lobby of the Council Chamber). Please watch the timing device on the podium. ADJOURN TO CLOSED SESSION:
The City Council/Redevelopment Agency shall convene in closed session, to consider the following matters: Conference with legal counsel pursuant to Government Code Section 54956.8: Under Negotiation: The price and terms of payment as to a property interest: Property: 45-275 Oasis Street aka Assessor's Parcel Numbers 611-164-015; Property Owner/Negotiator: Irving Olsan; Agency Negotiator: Steve Copenhaver, Redevelopment Agency Director

AGENDA City Council/Redevelopment Agency August 2, 2006 6:00 p.m.

150 Civic Center Mall, Indio, California
Call to Order and ROLL CALL: Chairman/Mayor Gene Gilbert Vice Chair/Mayor Pro Tern Ben Godfrey Agency/Councilmember Melanie Fesmire Agency/Councilmember Lupe Ramos Watson Agency/Councilmember Michael H. Wilson

(40. of Indio City Council/R1)..1 Agouti., August 2, 2006 continued

INVOCATION BY JEANNE MC LEOD PLEDGE OF ALLEGIANCE

Presentations:
Introduction of newly promoted officers: William Hall to Police Lieutenant; Randy LaValle and London Pickering to Sergeants (Brad Ramos, Police Chief) 1. REPORT ON CLOSED SESSION 2. CITY COUNCIL/AGENCY MEMBERS a. Reports and Information (verbal if any) b. Authorize attendance at the League of California Cities Annual Conference September 6-9, 2006 in San Diego, California and designate Voting Delegate and Alternate (Bridget Healy, Assistant City Manager) Recommendation: Approve c. One (1) appointment to the Park and Recreation Commission to fill vacancy created by resignation of Debra Garza (Councilmember Melanie Fesmire) Recommendation: Approve 3. CITY MANAGER/EXECUTIVE DIRECTOR REPORTS AND INFORMATION 4. PUBLIC COMMENT
This Is the time set aside for public comment on any matter not appearing on the agenda. If you wish to speak, please complete a "request to speak" form and limit your comments to three minutes (forms are located in the lobby of the Council Chamber). Please watch the timing device on the podium.

5. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved
by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. Public requests to discuss consent calendar items must be filed with the City Clerk before the consent calendar is called. This is the time for any member of the public wishing to speak on a consent calendar item to do so. Any member of the public wishing to speak shall have a total of three minutes to address any and all items on which he/she wishes to speak. Unless a consent calendar item is pulled for discussion by a council member. there will be no further opportunity to discuss the matter. If a consent calendar item is pulled for Council discussion and a member of the public then wishes to speak, he/she shall limit comments to matters raised during the Council discussion.

a. Payment of Warrants (Michael Busch, Finance Director) Recommendation: Approve b. Second Reading: Ordinance No. 1473 authorizing the levy of a special tax Community Facilities District 2006-01, Tract No. 32402 (Sonora Wells, D.R. Horton) (Jim Smith, Public Works Director) Recommendation: Waive reading of text and adopt ordinance as second reading by title only c. Second Reading: Ordinance No. 1474 authorizing the levy of a special tax Annexation No. 39, Tract No. 30500 (S&D Indian Palms California, Ltd.) to Community Facilities District No. 2004-01 (Law Enforcement, Fire and Paramedic Services) (Jim Smith, Public Works Director) Recommendation: Waive reading of text and adopt as second reading by title only
2

cit7 of Indio City Council/RD I. .1mtvolo August 2, 2006 continued

d. Authorize extension of MOU for the Fringe-Toed Lizard Habitat Conservation Plan (Ken Weller, Assistant City Manager) Recommendation: Approve e. Authorize Amendment No. 1 to the Joint Powers Agreement of the Coachella Valley Conservation Commission Recommendation: (Ken Weller, Assistant City Manager) Recommendation: Approve f. Approval of Final Tract Map for Tract No. 29496-5 (Outdoor Resorts) located at Avenue 48 between Jefferson Street and Young's Lane and accept Subdivision Improvement Agreement and Bond (Jim Smith, Public Works Director) Recommendation: Approve g. Approve purchase of a Hot Asphalt Patch Truck from Haaker Equipment Company in the amount of $141,150 .00 (Jim Smith, Public Works Director) Recommendation: Approve h. Authorize Deposit and Reimbursement Agreement for the Terra Lago (SUNCAL) Improvement Area No. 2 (Jim Smith, Public Works Director) Recommendation: Approve i. Award contract to Choctaw Contractors in the amount of $600,310.00 for the construction of Storm Drain Improvements at Sun Gold Street at Indio Boulevard (Jim Smith, Public Works Director) Recommendation: Approve J. Authorize advertisement for bids of the Phase 4 Street Rehabilitation Improvement Program (Jim Smith, Public Works Director) Recommendation: Approve k. Authorize Cooperative Agreement with the City of La Quinta for the installation of traffic signal and inter-connector at Jefferson Street/Avenue 49 (Jim Smith, Public Works Director) Recommendation: Approve Authorize Purchase and Sale Agreement between the City of Indio and Alicia G. Chapa for the acquisition of property located west of Daisy Street and south of Garden Avenue aka APN 614-130-014-0 (Dave lson, Human Services Manager) Recommendation: Approve

m. Authorize Purchase and Sale Agreement between the Redevelopment Agency of

the City of Indio and David Hernandez for the acquisition of two parcels located at 45-474 Towne Street (aka APN 611-212-007) and 45-550 Towne Street (aka APN 611-212-008) both in the Downtown Core (Steve Copenhaver, Community Development Director) Recommendation: Approve n. Approve Coachella Valley Enterprise Zone application for Re-designation (Steve Copenhaver, Community Development Director) Recommendation: Adopt resolution

INDIO CITY COUNCIL AGENDA REPORT

CITY OP

INDIO

TO

Glenn D

Southard City Manager

FROM

Jim L

E Director of Engineering Smith P Public Works

2006

E I DA

August 2
Terra

I C SUI3JI

Lago Suncal development

CFD Resolution

SUMMARY

meeting the Council adopted a Resolution Approving formation of City of Indio Community Facilities District No 2004 3 Terra Lago Fhe District involves two separate Improvement Areas On August 3 2005 the Council adopted a Resolution Authorizing Issuance of City of Indio Community Facilities District No 2004 3 Terra Lago Special Tax Bonds 2005 Improvement Area No 1 and the Bvnds for Improvement Area No 1 were subsequently issued on September I S 005 At the time of formation it was expected that the District would issue bonds in 2006 to finance certain public facilities within Improvement
July 20
Area No

At

its

2005

he bonds for l
Taxes levied
on

by Special

hnprovement taxable parcels

Area No within

2 when issued will

be secured

Improvement

Area No 2

Suncal

Companies is the Master Developer of the property within Improvement Area No 2 The Master Developer would now like to begin the process of the City s consideration of issuing special tax bonds for the development in Council
Improvement
The Master Area No 2

Developer has deposited 50 000 with the City in order to absuiption study and appraisal required for issuance of the Improvement
F3onds bonds For In order for the

pay for the Area No 2

property

owner

to be reimbursed for such amounts when the must approve a

arc

subsequently issued

the

City

Deposit and

Reimbursement

city

i coune agend

ITEM NO 5h

CFD No 20043 Terra Lago Improvement Area No 2

August 2
PAGE 2

2006

Reimbursement

Agreement consulting

Under the

Deposit

and Reimbursement

such
2
are

amounts are treated as a

deposit

When and if bonds for be treated

as a

issued the

costs will

Agreement Improvement Area No cost of issuance and the deposit

will be reimbursed to the

property

owner

The

Council

will

now

consider

authorizing
are

the

agreement

to

allow

the

reimbursement if and when the bonds

tax

issued

The

proposed
a

issuance of

special

bonds for

Improvement

Area No 2 will be considered at

subsequent

Council

meeting
STAFF RECOMMENDATION

Staff recommends

adopting

the Resolution

Agreement
3 2004

in connection with the

Approving a Deposit and Reimbursement Ciry of Indio Community Facilities District No

Terra Lago Improvement

Area No 2

ANALYSIS
The Terra

Lago development consists of two improvement areas corresponding with the two development stages of the project Improvement Area No 1 is expected to contain 635 homes on approximately 136 acres and Improvement Area No 2 is expected to contain 849 homes on approximately 174 acres Homesites within Improvement Area No 1 have been sold to merchant builders The Master Developer is currently negotiating the sale of property within Improvement Area No 2 with merchant builders Construction of models and the first phase of production homes in Improvement Area No 2 is expected to commence in early 2007

Improvement Area No 2 special tax bonds are expected to be issued in December 2006 An additional 000 000 toward the cost of a fire station 3
will be funded when the

In connection with

1 million was Funding for water reservoir storage facilities will also be included Staff is also negotiating with the Master developer for a contribution to the cost of certain water storage facilities needed to serve the Terra Lago development An agreement to construct the fire station and water storage facilities will be reached prior to proceeding with the issuance of tax bonds for Phase 2

development already funded from bond proceeds in Improvement Area No 1

tax
are

special

bonds

issued for Phase 2 of the

CFD No 2004 3 Terra Lago

Improvement Area No August 2 2006

PAGE 3

he T

proposed issuance of special

to be

tax

bonds for

Improvement

Area No

is

expected
order
to

considered

by

the

City Council
bonds

in October 2006

However in
purpose in

be reimbursed with the

for the

costs

incurred for any authorized

connection

issuance

of the

agreement between the

City and

the Master

deposit and Developer is required

a

reimbursement

Prior to the issuance of the

Improvement

Area No 2

Bonds
can

determination will estimated

be made that the 849 homes to be built within the CFD

support the

special taxes such special

taxes the
to

in the amount necessary to repay this second series of bonds and that
tax does not
cause

exceed

homes in

including ad valorem s CFD payment for public safety and all other special assessments City the maximum allowable rate of 2 of the estimated purchase price of the CFD It is estimated that the average special tax per house will be
interior homes and

the total effective tax rate

2 5 00 for

100 for view lot homes 4

FINANCIAL REVIEW

Approval
CFD

of this resolution does not in any way commit the

or

City

of ndio to any

financial contribution
he 1

liability

to repay any

bonded indebtedness issued

by

the

City cost to administer the District annually s through annual special taxes charged to property owners
LEGAL REVIEW

will be reimbursed

The Mello Roos

Community

Facilities Act of 1982 foi

the

the Act provides clear

of of
a

authority community
proposed

in

section

c 53318
the

initiation the

the

establishment

of the

facilities districts upon

receipt by

City

petition requesting
area

institution of

proceedings by

owners

of not less than 10 of the he 1

of land

to he included within the district

City

formed the

Community

Facilities District in 2005

Section

b provides that if there are less than 12 registered voters 53326 currently within the proposed district the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district This Act clearly contemplated and was provided for the establishment of districts for raw land developments

FD No 2004 t 3

Terra Lago

2 Improvement Area No

August 2 2006
PAGE 4

phis item has been reviewed

by

Dou Hunt oP

ulbright F

P iL Jaworsl

the

s bond City

counsel

PUBLIC NOTICE PROCESS

his item I

has been

noticed
are

through

the

regular agenda
Hall

notification

Process

Copies
Public

of this report

available at the

City

public

counter and the ndio

Library

ALTERNATIVES

Determine not to

adopt

resolution

approving deposit

and reimbursement

agreement in connection with

Lnprovement

Area No 2 ofthe Terra

Lago

development

Submitted

by

Financial Review

5
L

Smith

E P

Michael P Busch

Director of Gnginecring Public Works

Management

Services Director

Wed Revie

by

y
Don Hunt
and Counsel

List of Attachments

A Resolution

Approving Deposit

and Reimbursement

Agreement

ATTACHMENT A

RESOLUTION NO

RESOLUTION

OF

THE

CITY

COUNCIL

OF

THE

CITY OF INDIO

APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT

City Council the Council of the City of Indio the City has determined to initiate proceedings to issue bonds for Improvement Area No 2 of the City of Indio Community Facilities District No 2004 3 Terra Lago the CFD pursuant to the Mello Roos Community Facilities Act of 1982 as amended the Act and
WHEREAS Section 5331 149 of the Act the formation of
a

WHEREAS the

funds from any source

community including

facilities but

provides that at any time either before or after district the legislative body may accept advances of not limited to private persons or private entities and may

provide by
limited to

resolution for the

any cost

paying

of those funds for any authorized purpose including but not incurred by the local agency in creating a community facilities district
use

including

the issuance of bonds

hhereby
THE

and COUNCIL
OF THE

VOW

THEREPOItE

CITY

CITY

OF

INDIO DOES

HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS

hereby approves the Deposit and Reimbursement substantially presented to the City Council at this meeting The Mayor Agreement the City Manager and the Finance Director are hereby authorized to execute the Fee Deposit and Reimbursement Agreement with such revisions amendments and completions as shall be approved by the officer executing the same such approval to be conclusively evidenced by the execution and delivery thereof
Section I
in

The

City

Council

the form

Section

This Resolution shall take effect from and after the date of its passage and

adoption

xu i a aa

PASSED APPROVED and ADOPTED this

day

of

2006

by

the

ftillowing
AYES
NOES

votes

GENE

GILBERT

MAYOR

ATTEST

CYNTHIA HERNANDEZ CITY

CLERK

CMC

o47J 45X0

DEPOSIT AND REIMBURSEMENT AGREEMENT

THIS

DEPOSIT

AND

REIMBURSEMENT

AGREEMENT

this

Deposit

of August 3 2006 for identification purposes only is by and between the Agreement City of Indio California the City and Tndio Land Ventures LLC a California limited dated
as

liability

company

the Owner
RECITALS

WHEREAS the
of fndio

Community

Facilities District

District

under the Mello Roos

community facilities district designated City Lago the Community Facilities Community Facilities Act of 1982 as amended the Act and City
a

has created

No 2004 3 Terra

WHEREAS

Owner is

the

owner

of the real property within the

proposed

Community

Facilities District and

WHEREAS
bonds for

the Owner has

Improvement

Area No 2 of the

requested that the City initiate proceedings to Community Facilities District the Bonds and
use

issue

WHEREAS in accordance with City s policy regarding

Owner is

of the

Act

the

required to compensate the City for all costs reasonably incurred in the formation of the Community Facilities District and issuance of bonds for the Community Facilities District and provides that at any time either before or after the formation of a community facilities district the legislative body may accept advances of funds from any source including but not limited to private persons or private entities and may provide by resolution for the use of those funds for any authorized purpose including but not limited to paying any cost incurred by the local agency in creating a community facilities district 1 including the issuance of bonds thereby and provides that the legislative body may enter into an agreement by resolution with the person or entity advancing the funds to repay all or a portion of the fiords advanced as determined by the legislative body with or without interest under all of the following conditions a the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted
pursuant
to

9 of the Act WHEREAS Sectio 53314

9 of the Act further WHEREAS Section 53314

Section 53521

of the Act and in

the resolution

of formation to establish the

community facilities district pursuant to Section 53325 of the Act bonds thereby b any proposed special tax is approved by the
community qualified electors
facilities district pursuant to the Act and
of the

including

the issuance of

community

facilities district

qualified electors of the c any agreement shall specify that if the do not approve the proposed special tax the

local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds and WHEREAS the

City

and the Owner desire to enter into this

Deposit Agreement Bonds

and

in accordance with Section 53314 9 of the Act in order to

provide

for the advancement of funds

by

the Owner to be used to pay costs incurred in connection with the issuance of the

to

the

provide for the reimbursement proceeds of the Bonds

to

the Owner of such funds

advanced

without

interest

from

covenants herein

NOW THEREFORE for and in consideration of the mutual promises and contained the parties hereto agree as follows
The Deposits and Application Thereof The Owner has The

Section L

the

Initial

the Initial

Deposit Deposit
b

previously deposited with the City the amount of 50 000 City by its execution hereof acknowledges receipt of and accepts

The Initial

Deposit together with

any

made
pay

by

the Owner pursuant to the terms hereof collectively the

subsequent deposit required to be Deposits are to be used to

for any costs

incurred for any authorized purpose in connection with the issuance of the

Bonds other than costs fees and expenses to be paid directly out of the proceeds of the Bonds including without limitation i the fees and expenses of any consultants to the City employed in connection with the issuance of the Bonds including an engineer special tax consultant

counsel disclosure counsel and any other consultant reasonably deemed or necessary or advisable by the City ii the costs of appraisals market absorption and and other deemed studies or advisable the feasibility reports reasonably necessary by City in connection with the issuance of the Bonds iii reasonable charges for City staff time incurred in connection with the issuance of the Bonds by the Community Facilities District including a reasonable allocation of City overhead expense related thereto and iv any and all other actual costs and expenses incured by the City in connection with the issuance of the Bonds collectively the Initial Costs The City may draw upon the Deposits from time to time to advisor
pay the Initial Costs

financial

bond

c
is less than
in
un

f
the

000 10

amount estimated

unexpended and unencumbered balance of the Deposits City writing that the Owner make an additional deposit to be sufficient together with any such unexpended and unencumbered
at any

time

the

may request in

balance to pay for all Initial Costs

The Owner shall make such additional the Owner of the

deposit

with the

City

within

two

weeks of the

receipt by

Owner fails to make any such additional

cease

deposit

s written request therefor If the City within such two week period the City may

ali work related to the issuance of the Bonds

The Deposits may be commingled with other funds of the City for d of investment and safekeeping but the City shall at all times maintain accurate purposes detailed records as to the expendihire of the Deposits

City shall provide the Owner with a written monthly expenditures made from the Deposits and the unexpended balance thereof within days of receipt of the City of a written request therefor submitted by the Owner providing any such summary shall be charged to the Deposits
c
The

summary of ten business The

cost

of

Section 2 Return of Deposits Reimbursement

As provided in Section 53314 9 of the Act the approval by the qualified a electors of the Community Facilities District of the proposed special tax to be levied therein is a condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto Therefore if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied thereon the City shall have no obligation to repay the Owner any portion of the Deposits expended or encumbered to pay Initial Costs In accordance with Section 53314 9 of the Act if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied therein the City shall return to the Owner any portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the time of the election on said proposed special tax

b
within ten business terminate

f proceedings for the issuance of the Bonds after official action

return

are

terminated

the

City shall
to

said
to

days proceedings

the

City by then unexpended

the

or

the

Community

Facilities District

and unencumbered

portion

of the

Deposits

the Owner without interest

by the Community Facilities District the City shall interest portion of the Deposits that has been expended or encumbered said reimbursement to be made within ten business days after the issuance of such Bonds solely from the proceeds of such Bonds and only to the extent otherwise permitted under the Act The City shall within ten business days after the issuance of such Bonds return the then unexpended and unencumbered portion of the Deposits to the Owner without interest c
are

If the Bonds

issued

reimburse the Owner without

for the

Section 3

Abandonment of Proceedings

The Owner

the issuance of the Bonds shall be in the sole discretion of the

Agreement
Bonds

shall be construed

as

an

agreement

promise

or

acknowledges and agrees that City No provision of this Deposit warranty of the City to issue the

Liability of City As provided in 533149 of the Act this Deposit Agreement does not constitute a debt or liability of b the City but shall constitute a debt and liability of the Community Facilities District The City shall not be obligated to advance any of its own funds to pay Initial Costs or any other costs incurred in connection with the issuance of the Sonds No member of the City Council of the City and no officer employee or agent of the City shall to any extent be personally liable Section 4 Deposit Agreement Not Debt
or

Section

hereunder

Any notices requests demands documents approvals or disapprovals given Deposit Agreement from one Party to another collectively Notices may be personally delivered transmitted by facsimile FAX transmission or deposit with the United States Postal Service for mailing postage prepaid to the address of the other Party as stated in this Section and shall be deemed to have been given or sent at the time of two hours following the date of personal delivery or FAX transmission or if mailed seventy deposit in the course of transmission with the United States Postal Service Notices shall be sent
5 Notices
or

Section

sent under this

as

follows

f to

Ciry
of Indio

City

Attn Finance Director 100 Civic Center Mall

Indio CA 92201
FAX No 6590 760 342

If to Owner Indio Land Ventures LLC o SunCal c

Attn

Companies
Williams

Inc

Gary

960 Golf Center 42

Parkway

Indio

CA 92203 6413 760 775

FAX No

Each such request

or

notice

statement
served

demand
or

consent

approval authorization offer designation

party
to

other communication hereunder shall be deemed delivered to the

whom it is

addressed

delivered upon delivery b personally given by electronic s receipt of an communication whether by telex telegram or telecopier upon the sender answcrback other or written if appropriate acknowledgement c given by registered or certified return mail receipt requested deposited with the United States mail postage prepaid 72 hours after such notice is deposited with the United States mail d if given by overnight courier with courier charges prepaid 24 hours after delivery to said overnight courier or e if given by any other means upon delivery at the address specified in this Section
Section 6

a if

if

California Law This

Deposit Agreement

shall be

governed

and construed

in accordance with the laws of the State of California The Parties shall be entitled to seek any remedy available at law and in equity All legal actions must be instituted in the Superior Court

of the

County
or is

of Riverside State of

California

in

an

appropriate municipal

court in Riverside

County

in the United States District Court for the District of California in which Riverside

County

located This

Section 7 Successors and ASSIEIIS inure to the benefit of the

successors

and

assigns

ofthe

Deposit Agreement parties hereto

shall be

binding

upon and

tiection 8

Counterparts
an

each of which shall be deemed ument insu

Deposit Agreement may be executed in counterparts original and all of which shall constitute but one and the same

This

obligations of the Owner hereunder shall be that of a party hereto s Nothing herein shall be construed as affecting the City s or Owner rights or duties to perform their respective obligations under other agreements use regulations or subdivision requirements relating to the development This Deposit Agreement shall not confer

Section 9 Other Agreements

The

any additional other

rights

or

waive any

rights given by
party

either party hereto under any

development

or

agreement

to which

they

are a

Section 10

Titles and Captions

describe
or

Titles and
or

captions

are

for convenience of reference

only

and do not

define

any of its terms

scope Reference to section numbers are

limit the

the intent of this

to

sections in this

Deposit Agreement or of Deposit Agreement unless

expressly

stated otherwise Interpretation

As used in this

Section 11
neuter

Deposit Agreement masculine

feminine

or

gender

and the

singular
so

or

plural

number shall each be deemed to include the others where

and when the context

dictates The word This

words without limitation

including shall be construed as if followed by the Deposit Agreement shall be interpreted as though prepared

jointly by

both Parties
No Waiver A waiver

by either Party of a breach of any of the covenants conditions agreements under this Deposit Agreement to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants agreements restrictions or conditions of this Deposit Agreement
or

Section 12

Section 13 Modifications

Agreement

in order to become

Any alteration change or modification of or to this Deposit effective shall be made in writing and in each instance signed on

behalf of each

Party
Severability If any term provision condition or covenant of this Deposit to any party or circumstances shall be held to any extent invalid or the term
or

Section 14

Agreement or its application uncarforccablc the remainder of this Deposit Agreement or the application of provision condition or covenant to persons or circumstances other than those as to
which ii is held invalid to the fullest extent
or

whom

unenforceable
law

shall not be

affected

and shall be valid and enforceable

permitted by

Party represents and warrants to the other the following they carefully read this Deposit Agreement and in signing this Deposit do so with full knowledge of any right which they may have they have they Agreement received independent legal advice from their respective legal counsel as to the matters set forth in this Deposit Agreement or have knowingly chosen not to consult legal counsel as to the matters set forth in this Deposit Agreement and they have freely signed this Deposit Agreement without any reliance upon any agreement promise statement or representation by or on behalf of the other Party or their respective agents employees or attorneys except as specifically set forth in this Deposit Agreement and without duress coercion whether economic or otherwise
have
or

Section

15

Leeal Advice

Each

Section
transaction

16 in

Cooperation
that

Each

Party
any

agrees all

to

cooperate

with

the other in be

this

and

necessary

helpful
but

or

regard appropriate

to

sign
or

and

documents

which may

to carry out the purposes and intent of this

reasonably Deposit Agreement

including

not limited to

releases

additional agreements

Section 17 Conflicts of Interest

any

No

member official

or

employee
nor

of City shall have

personal indirect Deposit Agreement or employee participate in any decision relating to the Deposit his personal interests or the interests of any corporation partnership or association directly or indirectly interested
or

interest direct

in this

official

shall any such member Agreement which affects in which he is

IN WITNESS date set forth

on

WHEREOF

the Parties have executed this

Deposit Agreement

as

of the

the first page hereof

CITY OF INDIO

By
Title

INDIO LAND

California limited

VENTURES LLC liability company

By
ts