Oliver v. City of Indio First Amended Consent Decree Fairness Hearing
Public Court Documents
May 24, 1993

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Brief Collection, LDF Court Filings. Oliver v. City of Indio First Amended Consent Decree Fairness Hearing, 1993. 707ef457-c09a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/7b53e091-339d-4d78-b127-3f6bad8eb88a/oliver-v-city-of-indio-first-amended-consent-decree-fairness-hearing. Accessed April 28, 2025.
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cr Bill Lann Lee Constance L. Rice Kevin S. Reed NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 315 West Ninth St., Ste. Los Angeles, CA 90015 (213) 624-2405 208 Kevin H. Gregory LBrogan ERTo-,~ „ \ S r / ^ '• Evans ' . ' 1 r -Kendall H.MacVeyHILL, FARRER & BURRILLr^JI P~ P . H. W . F . Pearcj445 South Figueroa Strfeeti I_I I J BEST n5Ti Los Angeles, CA 9 0071 ri-6-6-6-------- . 3 75rdYlJmItfi¥SB(213) 620-0460 laintif f sMAY 2 4 jP. 0. B6*Tplb“2 8 I R i v e r s i d e T T T r (714) 686-1450 Ste. 400 CLERK,CENTH/8L U S. DISTRICT COURT JISTRICT OF CA! IFOR.. 'S> MA AiMa CrFiuc f j — -i4 .....yk' EARLINE OLIVER, et al.15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLtHN, U S. DISTRICT CO'uWCEN)RAU>«STRiCTOFCAjjFD̂ tttorneys for Defendants ^A^AANAOmOE UTED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiffs, vs. CITY OF INDIO, et al. , Defendants, PASEO GROUP, Intervenor-Defendant. No. SA CV 90-0097 AHS (RWRx) FIRST AMENDED CONSENT DECREE IN SETTLEMENT OF CLASS ACTION LAWSUIT Fairness Hearing; Date: May 24, 1993 Time: 11:00 a.m. Place: Courtroom of the Honorable Alicemarie H. Stotler * • \ /«* ORIGINAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page( I. INTRODUCTION ...................... II. DEFINITIONS .......................... HI. SCOPE AND EFFECT OF THE DECREE .................. IV. RIGHTS RESERVED BY THE AGENCY FOR FUTURE REDEVELOPMENT V . HOMEOWNERS .............................. VI. ISSUES AFFECTING NOBLE'S RANCH RESIDENTS RENTING ORLEASING LOW AND MODERATE INCOME HOUSING .............. VII. ISSUES AFFECTING INTERVENOR CHURCHES .................. VIII. ARBITRATION .............................. IX. COMMUNITY RECOGNITION .................... X. OTHER RELIEF ............................ XI. IMPLEMENTATION OF DECREE ...................... XII. COSTS AND FEES .......... 1 4 7 11 14 21 29 48 50 50 50 51 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs Earline Oliver, Elvella Davis, Quillar K. Hampton, the estate of Linard McGaha, the estate of Cora L. McGaha, Reverend Lester Riles, Genevieve Riles, Freddie Mitchell, Bobby Cotton, Fay Cotton, and Minnie Polk (collectively "plaintiffs"), are residents of an area located in the City of Indio known as Noble's Ranch. On February 14, 1990, plaintiffs filed this action on behalf of themselves and a proposed class of Noble's Ranch residents and landowners. By this action, plaintiffs allege that acquisition and demolition activities in Noble's Ranch for the purpose of expanding the Indio Fashion Mall and undertaken by the City of Indio ("City"), the Redevelopment Agency of the City of Indio ("Agency"), Indio City Council, and council members Darwin Oakley, Jeff Holt, James Fitzhenry, Thomas Hunt and Marcos Lopez (collectively "defendants") violate Title VIII of the Fair Housing Act of 1968, 42 U.S.C. § 3604; the Civil Rights Act of 1866, 42 U.S.C. § 1982; Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000(d); the equal protection and due process clauses of the 14th Amendment to United States Constitution and Article I, § 7 of the California Constitution; the Civil Rights Act of 1871, 42 U.S.C. § 1983; and California Government Code § 65008. Defendants' answer and amended answer denied each and every one of plaintiffs' allegations. I . INTRODUCTION -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court permitted the Paseo Group, ("defendant- intervenor") owner or affiliate of the owner of the Indio Fashion Mall, to intervene as a defendant on May 1, 1990. The defendant- intervenor is not a participating party in this Consent Decree ("Decree"). The defendant -intervenor has been given the opportunity to participate in this settlement and to comment. On July 20, 1990, the Court issued an order certifying this action as a class action under Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. The Court defined the class as "[a]11 present residents of Noble's Ranch who will suffer immi nent displacement as a result of the pending condemnation activity." Residents of the Magnolia Court Housing Project shall be considered members of this class for purposes of this Decree. Two churches also located in Noble's Ranch - First African Methodist Episcopal Church of Indio ("First AME") and Lily of the Valley Christ Sanctified Church ("Christ Sanctified Church") (collectively, "intervenor churches") - have stated their desire to intervene because this Decree may substantially affect their respective interests. Council members Darwin Oakley, Jeff Holt, James Fitzhenry, Thomas Hunt and Marcos Lopez shall not be subject to any individual or personal liability under this Decree. They have been named solely in their official capacity as council members and shall, within ten (10) days of Court approval of‘this Decree, be dismissed from this lawsuit with prejudice. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court has jurisdiction over the parties and the subject matter of this action and shall retain jurisdiction over its enforcement. Defendants contend that they are and have been in full compliance with the provisions of all applicable laws and constitutional provisions. By entering this Decree, defendants do not admit that defendants are, or ever have been, in violation of any law or constitutional provision. Although the parties enter this Decree, the Court has not made any determination that the defendants committed any violation of law or of any provision of either the Constitution of the State of California or the Constitution of the United States of America. All parties to this Decree enter into it in the spirit of compromise and to avoid the further delay, expense, inconvenience and the distraction of further litigation. The Agency has pending in state court eminent domain proceedings in which plaintiffs or various members of the class are parties. At the inception of negotiations, it was agreed by counsel for the parties (including defendant -intervenor) that those eminent domain proceedings, including enforcement of orders of possession affecting any named plaintiff, members of the class, or intervening churches, would be stayed pending negotiation and approval of this Decree. This Decree shall not constitute a waiver or relief of any claims or rights that the plaintiffs or defendants may have -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 against defendant -intervenor or any of its principals, representatives, successors, or assigns. To the contrary, both plaintiffs and defendants expressly reserve the right to assert any and all legally cognizable claims against the defendant - intervenor and its principals, representatives, successors, or assigns. Consistent with the foregoing and pursuant to the agreement of the parties, and the Court having been fully apprised: NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: II. DEFINITIONS This Decree is to be read and interpreted using the follow ing specific word and phrase definitions: • "Project" means the Indio Fashion Mall Expan sion Project. • "City" means the City of Indio and, insofar as the term is used in any discharge and release provision of this Decree, specifically includes each and every past and present City Council member, and the City's past and present staff, agents, employees and attorneys. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Agency" means the Redevelopment Agency of the City of Indio and, insofar as the term is used in any discharge and release provision of this Decree, specifically includes each and every past or present member of the Agency board, and the Agency's past and present staff, agents, employees and attorneys. "Plaintiffs" means each and every named "Plaintiff" in this action and each and every individual or entity determined by the Court in its July 20, 1990 class certification order to be a member of the plaintiff class, expressly excluding: (a) any individual or entity that has entered into a separate settlement with the City or Agency prior to Court approval of this Decree; and (b) any individual or entity not fitting within the class as defined by the Court in its class certification order of July 20, 1990. "McGaha Estate" refers to the combined estates of (1) plaintiff Linard McGaha, deceased; and (2) plaintiff Cora McGaha, deceased. "Blazer" means Blazer Enterprises, Inc. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "El Cid I" means the first completed phase of the El Cid subdivision located in Indio, California, and constructed by Blazer. "Earline Oliver" means plaintiff Earline Oliver solely in her capacity as the legal representative of the Estate of James J. White (a former resident of the City of Indio), except that to the extent that "Earline Oliver" is referred to as releasing certain claims herein, "Earline Oliver" shall include plaintiff Earline Oliver in her individual capacity and as the representative of the Estate of James J. White. "Housing Authority" means the Housing Authority of the County of Riverside. "Noble's Ranch" means that 25.4 acre geographical area of the City of Indio bounded on the North by the southerly most boundary of the Indio Fashion Mall, the South by Date Avenue, and by Marigold Street and Monroe Street on the East and West, respectively. "Homeowners" refers to the following individuals only: Charles Makes, Quillar ~ Hampton, Earline Oliver, Josephine Williams, -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lester and Genevieve Riles, Liza B. McCoy and the McGaha Estate. • "Renters" means each and every plaintiff who rented a home in Noble's Ranch. • "Relocated Renters" means each and every individual who rented a home in Noble's Ranch and subsequently entered into a comprehensive settlement with the Agency prior to Court approval of this Decree. • "Magnolia Court Housing Project" refers to the 20-unit public housing project located at Magnolia Court in Noble's Ranch owned by the Housing Authority of the County of Riverside. H I - SCOPE AND EFFECT OF THE DECREE The Court finds the class of persons to be covered by this Decree and on whose behalf this action is certified under Federal Rules of Civil Procedure 23(a) and (b)(2) to be as follows: "All present residents of Noble's Ranch who will suffer imminent displacement as a result of the pending condemnation activity." -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court dismisses the claims of those named plaintiffs who do not fall within the definition of the class set forth in the Court's July 20, 1990 class certification order, including those of Spencer Hinchen, R. Gene Wilson, J. M. Dickey, Monte Fay Dickey, Curtis Gantt, and Ruby Lee Gantt. By this Decree, the parties stipulate and the Court finds, that the First AME Church and the Christ Sanctified Church shall be permitted to intervene as interested third parties for purposes of settlement only and that the Decree shall govern all issues concerning the intervenor churches' relocation and related compensation. This shall not constitute an acknowledgment by defendants that the intervenor churches are members of the class, have any legally cognizable grievances or are entitled to any relief under the claims set forth in the complaint. The parties have engaged in extensive discovery and settle ment negotiations. They have now resolved in this Decree, all issues among the plaintiffs, intervenor churches and the defen dants (except those matters specified herein), relating to the alleged acts, practices and omissions of defendants, including any future effects of such alleged acts, practices and omissions, which were or could have been raised in the Complaint. This Decree bars any claims and future claims, in law or in equity, or administrative, statutory and/or constitutional claims, by any of plaintiffs, or intervenor churches, including claims that any of them may have, may have had, or in the future may have, against defendants, their affiliates, agents, heirs, successors, assigns, -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or transferees arising prior to the final approval and entry of this Decree regarding alleged discrimination or other alleged unlawful conduct directly or indirectly relating to all aspects of the Project, including all eminent domain or other public pro ceedings, whether pre-construction or otherwise. The parties acknowledge and agree that had they not settled this action pursuant to this Decree, and had the City and Agency simply abandoned the Project in an attempt to mitigate its damages or exposure to the plaintiffs, plaintiffs would have amended their complaint in this action to include, in addition to injunctive relief, one or more claims for compensatory and punitive damages resulting from the acquisition and demolition activities conducted by the City, the Agency and defendant- intervenor prior to such abandonment. This Decree is final and binding among the signatories, their heirs, assigns and successors - in-interest and is final and binding on all persons to whom the Court determines this Decree is applicable, including the class of plaintiffs. Intervenor Churches, and each and every Homeowner, including the authorized agent, representative, executor or executrix of the McGaha Estate, shall be required, within the thirty (30) days of court approval of this Decree, to execute individual releases in the form attached as Exhibit "A." The defendants obligations to any one plaintiff or intervenor under this Decree are expressly conditioned upon the execution of these releases by that plaintiff or intervenor. -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties intend and agree that this Decree will act to forever bar all those bound by it from challenging any aspect of the Project now or, to the extent that the Agency or City are required to implement this Decree, in the future. This Decree shall not apply to any person who has entered into an agreement with an intent fully to settle that person's claim with either the City or the Agency concerning any property or cental unit in Noble's Ranch as of the date of the signing of the submission of the Decree by the parties, except as specified herein. By entering into this Decree and by signing the individual plaintiffs and intervenors do not waive their rights to claim any ownership interest they may have in two water wells in Noble's Ranch. Similarly, by entering into this Decree the defendants do not concede that plaintiffs or any of them, have any ownership interests or rights in the two water wells in Noble's Ranch. The parties intend and agree that this Decree shall not define, create or otherwise obligate either the City or the Agency to proceed with any aspect of the Project. The parties acknowledge and agree that this Decree shall not be interpreted to require the City or the Agency to continue with any currently pending eminent domain proceedings, or to file or otherwise commence eminent domain proceedings with respect to any parcel of property in Noble's Ranch. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The preceding paragraph notwithstanding, the parties acknowledge and agree that, unless specified herein, this Decree is intended to bar any past, present or future challenges under any basis by plaintiffs, intervenor churches and their respective agents, employees, principals, heirs and assigns to eminent domain proceedings currently pending or which may be filed in the future in the State of California relating to the Project. IV- RIGHTS RESERVED BY THE AGENCY FOR FUTURE REDEVELOPMENT By virtue of this Decree, the City and/or Agency reserves the right, upon terms and conditions specified herein, to acquire sufficient land in Noble's Ranch to proceed with general redevelopment. The City's and/or Agency's rights reserved to acquire the Transfer Properties (as defined below) hereunder shall persist for a period of five (5) years from the date of Court approval of this Decree. The specific rights reserved by the City and/or Agency and the correlative duties and obligations of the City and/or Agency are set forth below: • "Replacement Obligation" A. The "Replacement Obligation" refers to the right and option of the City and/or Agency to acquire the property of the intervenor churches and/or the Magnolia Court Housing Project (hereinafter sometimes referred to collectively as the "Transfer Properties") without challenge or objection by plainbiff and intervenor churches as hereinafter described. For a period of -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 five years following the Court's approval of this Decree, the City and/or Agency shall, at their election, be entitled to the transfer of unencumbered fee title to the intervenor churches and/or the Magnolia Court Housing Project from the owners thereof provided that the City and/or Agency fulfill their obligation to replace the churches and/or the Magnolia Court Housing Project, or any of them as the case may be, as provided in section VI, subsection B, and section VII of this Decree. Any notification of the election to acquire all or any one of the Transfer Properties shall be given by the City and/or Agency in writing to the authorized representatives of the intervenor churches, the NAACP Legal Defense and Educational Fund, the Riverside County Housing Authority and current residents of the Magnolia Court Housing Project as of the date of the City's and/or Agency's notification within said five year period. B. The City and/or Agency shall have an obligation to acquire the unencumbered fee title only to the Transfer Properties and fulfill their obligations as provided in section VI, subsection B, and section VII of this Decree without challenge by plaintiffs and plaintiff -intervenor churches if, during the five years following the Court's approval of this Decree, the City and/or Agency undertakes substantial commercial development throughout Noble's Ranch. "Substantial commercial development" shall mean any simultaneous commercial development done by the Agency and/or the City, including development by a developer pursuant to an agreement with the City and/or Agency, which involves both the construction on, and utilization of, at -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 least 90-o of total acreage of Noble's Ranch for commercial purposes. The parties' obligations under this paragraph shall commence at such time as a developer or developers obtain building permits for the construction of the "substantial commercial development." • "Community Facility Obligation" C. The "Community Facility Obligation" refers to the obligation of the City and/or Agency to transfer certain property and funds for the purpose of constructing the Noble's Ranch Community Center as hereinafter described. Such obligation shall arise if, during the five years following the Court's approval of this Consent Decree, the City and/or Agency undertakes substantial commercial development (see above definition) throughout at least 75% of that portion of Noble's Ranch lying westerly of Larkspur Street, excluding for purposes of such computation APN 614-100-001 (the Meza/Mitchell property), provided, however, such substantial commercial development shall not also trigger the Replacement Obligation defined in this Decree. Upon triggering of the Community Facility Obligation as hereinabove described, the Agency shall set aside the cash sum of Ni-nsty Thousand Dollars ($90,000) and a deed conveying unencumbered fee title to either APN 614-101-035 or APN 614-101- 010. Such funds and deed shall be held in trust by bhe Agency until the expiration of the five year Replacement Obligation -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 period. Upon the expiration of the five year Replacement Obligation period, without exercise or trigger of the Replacement Obligation, the deed and funds will be transferred by the Agency to First AME in trust for the sole purpose of constructing the Noble's Ranch Community Center for the benefit of the plaintiffs. However, in the event of the exercise or trigger of the Replacement Obligation as described in this Decree, the Agency shall be relieved of any obligation to transfer the deed or any funds under the Community Facility Obligation to First AME or otherwise. The existence of the Replacement Obligation and the Community Facility Obligation does not affect the City's and/or Agency's rights to abandon the Project or abandon the acquisition of any properties at any time. The Church Replacement Obligation and the Community Facility Obligation shall remain in effect until exercised or triggered or until the passage of five years without exercise or trigger at which time it shall terminate automatically. V. HOMEOWNERS A. The Agency will transfer ownership and possession (pursuant to paragraph 1, immediately below) of the following houses located in the El Cid I subdivision to the Homeowners as set forth below: Earline Oliver: Lot 11 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Quillar Hampton: Lot 10 McGaha Estate: Lot 6 Lester and Genevieve Riles: Lot 15 Josephine Williams: Lot 16 Lizzie B. McCoy: Lot 12 Charles Makes: Lot 8 1. Within thirty (30) days of approval by the Court of the Decree, the Agency will transfer to each Homeowner ownership of one house, as specified above. Title to each house shall be transferred by grant deed, with no covenants or restrictions except those which encumbered title upon defendants' acquiring same, or those that are required by California Health and Safety Code sections 33435 and 33436. The parties hereby a9ree to prepare and execute all documents necessary to effectuate this provision. The City and/or Agency shall pay all transaction costs incidental to this transfer. 2. At the time the Homeowners take title to their replacement houses, they shall concurrently transfer title to their existing houses to the Agency. The equivalent indebtedness, if any, on the original property as of the date of Court approval of this Decree, as well as the monthly mortgage obligation, shall be carried over to the new property at no cost to the Homeowners. No Homeowner shall be required to incur any additional debt as a result of the relocation. Any refinanced obligations shall be at the same or at a better interest rate. If, in order to fulfill the requirements of this provision, the -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agency or City becomes the new lender, neither the Agency nor the City shall be required to pay property taxes or insurance on behalf of the Homeowner/borrower (whether through impound accounts or otherwise) -- such obligations shall be the responsibility of the Homeowner/borrower alone. The Agency shall lease back these houses to the Homeowners for a sum of one dollar on a "net lease" basis (with utilities, maintenance and repair to be the obligation of the tenant) for a term that will end at the time their replacement units are ready for occupancy or the expiration of 150 days, whichever is sooner. The parties hereby agree to prepare and execute all documents necessary to effectuate this provision. 3. Within thirty (30) days of the Court's approval of this Decree, the Agency shall pay $58,600.00 in total to plain- fs ' counsel (for the benefit of the Homeowners) for modifica tions to the existing structures attached hereto as Exhibits "B" (Makes), "C" (McCoy), "D" (Hampton, Riles, Oliver and Williams) and "E" (McGaha Estate). 4. To meet the requirements of paragraph 3, above, plaintiffs have selected and will contract with Blazer for modification of the existing homes in El Cid I. 5. Additionally, the Agency shall pay to plaintiffs' counsel the sum of $4,000.00 for plaintiffs to retain the services of a construction inspector to advise plaintiffs throughout the process of modifying the El Cid I homes and' -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 inspecting the workmanship of Blazer prior to the remittance of payments to Blazer, under the contract described in paragraph 4, above. Such sum shall be remitted to plaintiffs' counsel within thirty (30) days of the courts approval of this decree. 6. The Agency shall pay each Homeowner the reasonable moving expenses equal to either (1) the actual charges of a moving company if the Homeowner engages the services of a licensed mover or (2) a fixed moving payment determined from the following schedule: Rooms ofFurniture Amount Paid One $ 250 Two $ 400 Three $ 550 Four $ 650 Five $ 750 Six $ 850 Seven $ 950 Eiqht $1, 050 Each Addtn'l $ 100Room B. The sum of $35,000 shall be set aside by the Agency in a financial institution to be agreed upon by parties for the purpose of compensating Homeowners Earline Oliver, Quillar Hampton, Lester and Genevieve Riles, Josephine Williams, Lizzie McCoy and Charles Makes (but not the McGaha Estate) for the difference between property tax assessments on the replacement housing and the tax assessments each Homeowner would have paid on -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the original house. The parties acknowledge and agree that Elvella Davis, a member of the plaintiff class, shall also be entitled the relief specified in this paragraph, and for purposes of paragraph 1 through 3 below should be deemed a Homeowner (although not a Homeowner, as defined herein). 1. Each Homeowner is entitled to payments only during the time the Homeowner owns the replacement house, and entitle ment shall end upon the sale of the Homeowner's entire interest in the house or the death of both the Homeowner and his or her surviving spouse, if any. 2. Payments shall be made by the financial institu tion within thirty (30) days of presentation of a tax bill by the Homeowner. 3. The precise amount to be paid by the Agency shall be determined according to the schedule set forth as Exhibit "F" hereto. The sums indicated in this chart represent the "base tax" currently paid by each of these Homeowners and the statutorily calculated (2% per annum) increase in that tax. The amount of withdrawal from this fund to which these Homeowners are entitled is to be calculated by comparing this figure to the property tax (not including additional assessments) assessed on the replacement homes. Payments shall be made to the Homeowners and their surviving spouses so long as the funds deposited into this account remain or the last of them dies. Any sum remaining -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 after the death of the last of the Homeowners or their surviving spouses shall revert back to the Agency. 4. Within 60 days of the date when their replacement homes are ready, all Homeowners, including the McGaha Estate, shall be entitled to withdraw from this fund a sum sufficient to compensate that Homeowner for the necessary incidental costs of connecting utilities at the new home, up to a total cost of no more than $200.00 per Homeowner. C. The Agency will provide Homeowners Quillar Hampton, Earline Oliver, and Lester and Genevieve Riles the following relief with respect to their rental property in Noble's Ranch: 1. Within thirty days of the Court's approval of this Consent Decree, the Agency shall pay Homeowner Quillar Hampton $110,000 in exchange for and concurrent with her conveying the entirety of her interest in her rental property located at 46-201 Larkspur St.., Assessor's Parcel Number 614-100-011, to the Agency free and clear of all liens and other encumbrances. All costs and fees associated with the transfer of title shall be borne by the defendants. 2. The Agency shall convey to Homeowner Earline Oliver $170,000 in cash, in addition to the consideration described above, in exchange for and concurrent with her conveying the entirety of her interest in her property at -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Assessors' Parcel No. 614-10-006 to the Agency, free and clear of all liens and other encumbrances. 3. The Agency shall pay over to Homeowners Lester and Genevieve Riles $56,000 in cash, in addition to the compensation described above, in exchange for and concurrent with their conveying to the Agency their interests in their property at Assessors Parcel No. 614-100-013, free and clear of all liens and other encumbrances. 4. Within thirty (30) days of the Agency taking title to a parcel on which such rental units are situated, the Agency shall pay the following amounts as compensation for lost rental income as a result of relocation activity: a. Homeowner Quillar Hampton: $16,525.00, plus a maximum of $730 for each month after June, 1992 and before the Agency takes title to the rental property -- (portions of months to be prorated). b. Homeowner Earline Oliver: $12,000.00, plus a maximum of $500 each month after June 1, 1992 and before defendants pay to Ms. Oliver the sum indicated in section C .2 above -- (portions of months to be prorated.) c. Homeowners Lester and Genevieve Riles: $9,200.00, plus a maximum of $400 each month after June 1, 1992 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and before defendants pay to the Riles the sum indicated in section C.3 above -- (portions of months to be prorated.) 5. The amounts paid to Homeowners Quillar Hampton, Earline Oliver and Lester and Genevieve Riles, respectively, pursuant to paragraphs 1 through 4 above, shall constitute full and complete resolution of their respective claims for compensation involving loss of income generated by rental prop erties in Noble's Ranch. vi- ISSUES AFFECTING NOBLE'S RANCH RESIDENTS RENTING OR LEASING LOW AND MODERATE INCOME HOUSING A. Within thirty (30) days of the Court's approval of this Decree the Agency shall take the following steps: 1. Pay $18,500 to plaintiffs' counsel for the benefit of plaintiffs residing in the Magnolia Court Housing Project ("Magnolia Court") to be used by plaintiffs' counsel only for the installation of flood lighting on residential units within Magnolia Court, the replacement of the fence surrounding the housing project and to make any repairs that the Magnolia Court residents deem necessary. 2. Within thirty (30) days of the time in which the housing on APN Nos. 614-100-006, 614-100-007, and 614-100-008 within Noble's Ranch is acquired by the Agency and becomes vacant, the Agency shall cause to be constructed a chain-link -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fence that will stretch contiguously from the fence that currently borders the back yards of the easterly units of Magnolia Court to Date Avenue as shown on Exhibit "G." This fence shall be at least five feet high and shall be maintained by the Agency until such time as new construction, if any, is completed on the property now designated as APN Nos. 614-100-006, 614-100-007, and 614-100-008 in the Riverside County Assessors records. B. If any development activity gives rise to the Replacement Obligation, the Agency shall diligently commence or cause to commence the construction of replacement units for Magnolia Court. 1. For the purpose of replacing Magnolia Court, the Agency shall make diligent efforts to acquire, as a site for this housing, the northern two-thirds, more or less, of lot #613-600- 049 located at the corner of Aladdin Avenue and Avenue 46 in Indio, identified as Parcel 2 in the Exhibit "H," attached hereto. If the Agency is unable to acquire said site, a reasonable alternative site, acceptable to plaintiffs' counsel, HUD and the Housing Authority, will be selected using the procedure set forth below: a. to locate a suitable 2.75 acres within a Project. The Agency shall first use its best efforts alternative site with a minimum lot size of one (1) mile radius from the existing -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. If no reasonable alternative site is located within a one (1) mile radius, the Agency shall use its best efforts to locate another alternative site with the same lot size requirements within a two (2) mile radius of the original site. c. If necessary, the Agency shall extend its search of a reasonable alternative site of the same lot size to a three (3) mile radius from the existing site. If no reasonable alternative site can be located within the three (3) mile radius the Agency will select a reasonable alternative site (with different site characteristics). In any event, the site selected shall be adequate for the construction of a housing complex with at least as many units and bedrooms as the existing Magnolia Court. Any dispute between the plaintiffs and the City and/or Agency over this site will be resolved through binding arbitration, using the mechanism set forth in section VIII, below. 2. The replacement housing units constructed pursuant to this section shall conform substantially to the floor plans set forth in Exhibit "I" hereto. To the extent a change in the site of the new units necessitates a deviation from these plans, the numbers of units or bedrooms in the replacement units shall not be lowered. The Agency and City shall use their best efforts to ensure that, insofar as is reasonably possible, the -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 replacement units shall be ready for occupancy within twelve (12) months of the commencement of construction. 4. The replacement units shall be made available to the persons residing in Magnolia Court units at the time the replacement units are ready for occupancy, as defined in subsection 12, below. They shall be leased to those occupants under leases which contain terms and conditions identical or which are as close as reasonably possible to those in effect at Magnolia Court at the time of the move. 5. To the extent legally and practically tenable, families shall be assigned to units in the replacement public housing in a configuration and in a manner designed to preserve existing relationships between neighbors. 6. The replacement housing units shall have installed new, operative, evaporative coolers with 3/4 horsepower and two- speed motors. These evaporative coolers shall be made a part of an air distribution system which system is comprised of ducting providing adequate, direct and separate air flow into each bed room, living area and kitchen. 7. Residents of each new unit may elect to receive a new operable washer and dryer to be placed in their dwelling unit. If accepted, such appliances are to become the personal property of the resident. Each resident must inform'the Agency aiid the Housing Authority whether they wish to receive the -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 washers and dryers in writing and at least thirty (30) days before the move to the replacement public housing. 8. The Agency shall place electrical outlets in each bedroom and position such outlet near a window. 9. All replacement housing units shall have floor coverings such as linoleum, tile or carpet. 10. To enhance security, lighting shall be provided in all outdoor areas, particularly the community area in the center of the dwelling complex. Such lighting need not be sufficient for outdoor athletic activity. 11. Retractable clothes lines will be placed in a suitable and convenient area on an exterior wall of each dwelling unit. 12. The replacement project shall be deemed ready for occupancy when (1) all applicable building, health and safety requirements are met as determined by a building inspector of the City of Indio; and (2) when the project is approved for occupancy by the Housing Authority. C. All Renters who resided in Noble's Ranch as of February 14, 1990, except those renters who reside in Magnolia Court, shall receive either one (but not both) of the following alternative forms of compensation set forth in subparagraphs 1 -25- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and 2, below in full settlement of each Renter's relocation entitlement under state law. EITHER l. Renters otherwise eligible to participate in the federal Section 8 housing subsidy program, pursuant to 42 U.S.C. § 1437(f) but unable to receive immediate assistance under such program because of the unavailability of Section 8 housing, certificates or vouchers, may elect to participate in a temporary housing subsidy program established by the Agency and admin istered by the Housing Authority until such Renters actually receive housing assistance pursuant to the federal Section 8 program. This housing subsidy program shall ensure that Renter's monthly housing costs (rent plus utilities) do not exceed 30% of the household income as that income is measured under federal regulations. OR 2. Alternatively, any Renter in Noble's Ranch may elect the option of a relocation benefit lump sum payment pursuant to Chapter 16 (commencing with section 7260) of Division 7 of Title 1 of the California Government Code and Title 25 of the California Code of Regulations, up to the maximum provided for by the state statute and regulations. Additionally, the Agency shall make available special compensation for Bobby Cotton. Such special compensation shall be paid in a lump sum and shall be calculated as the greater of: $5,250 plus moving costs; or the difference between the rent Bobby Cotton pays as of the date of Court approval of this Decree and the rent charged in a comparable unit (as determined under California Health & Safety -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code § 33411.1) within the City over a twenty-four month period, plus moving costs. D. Up to 74 residential units in Noble's Ranch may be demolished pursuant to the Project, noninclusive of the 20 Magnolia Court units which could be demolished pursuant to this Decree. The Agency shall replace, or cause to be replaced, those units within four years of their demolition according to the following schedule: • 45 of those units shall be affordable to very low income households • 8 of those units shall be affordable to lower income households • The remaining 21 units shall at least be affordable to moderate income households. The terms "low income" and "very low income" and "moderate income" households are defined by California Health & Safety Code § 50093. a. Defendants shall construct or cause to be constructed at least nineteen of these 74 units prior to June, 1994. -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Any Renter or Relocated Renter eligible to participate in the federal Section 8 housing program shall have first priority for placement in one of 74 above-described units of affordable housing. The Agency shall cause notice to be given to all eligible Renters and Relocated Renters listed in Exhibit "J" hereto, before these units are offered for rent to the general public. 1. All Renters and Relocated Renters listed on Exhibit "J" shall receive notice from the Agency of the existence of a vacant rental unit for which they are entitled to a priority on a waiting list in the following manner: a. Written notification by certified letter return receipt requested from the Agency to the Renter's last known address; and b. Publication for three weekdays and two consecutive Sundays in the Riverside Press - Enterprise or The Desert Sun newspapers, using the notice attached as Exhibit "K." 2. Any Renter residing in Noble's Ranch who has not already reached an agreement with the Agency or the City and who is moving as a direct result of Agency activity shall be eligible to receive reasonable moving expenses equal to either (1) the actual charges of a moving company if the homeowner engages the services of a licensed mover, or (2) a determined from the following schedule: fixed moving payment -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rooms of Furniture Amount Paid One $ 250 Two $ 400 Three $ 550 Four $ 650 Five $ 750 Six $ 850 Seven $ 950 Eight $1, 050 Each Addtn'1 Room $ 100 VII - ISSUES AFFECTING INTERVKNOR CHURCHES First AME A. Within thirty (30) days of the Court's approval of this Decree, the Agency shall transfer to the First AME title to the house located in the El Cid I subdivision at Lot 19 for use as the church parsonage. The Agency shall transfer this title via grant deed, with no covenants or restrictions except those which encumbered title upon defendants' acquiring same, or those that might be required by California Health and Safety Code sections 33435 and 33436. B. Within thirty (30) days of the Court's approval of this Decree, the Agency shall pay First AME $6,050 to allow the church to contract for the following: - -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Installation of outdoor flood lighting sufficient to illuminate all sides of the church structure; 2. Replacement of all exterior doors, door frames and door locks. C. Upon the court's approval of this Decree, the Agency shall begin paying and shall continue to pay in a timely fashion, all monthly installments of principal and interest owing on a trust deed held by the Bank of America, loan number 0791-999- 9122036. The Agency shall continue to pay such installments until the church is replaced or at the expiration of five years following the Court's approval of this Decree, whichever is the earlier. To the extent the Agency is required to pay any arrearages and applicable penalties any such amounts shall be deducted from the sum to be received by First AME as specified in paragraph B, above. First AME represents that as of the date of approval of this Decree such arrearages and/or penalties, if any, separately or combined, do not exceed the sum of the amount specified in paragraph B, above. REPLACEMENT FACILITY FOR FIRST AME D. If development activity gives rise to the Replacement Obligation, the Agency shall, within sixty (60) days of the time the obligation arises, make available a sum sufficient to allow AME to contract for the design and construction of a replacement church complex that includes a church, a day care -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 facility and a community center. This funding must be sufficient to cover the reasonable costs of the design and construction of the church complex, including, but not limited to, the costs of full architectural services, engineering, site improvement (to meet all city, county, and state requirements for soil compaction, on site/off site drainage, and contaminated soils testing and removal as may be required by any governmental body, construction, and landscaping, as well as the costs of all permits, bonds, fees and other reasonable charges and costs, including the costs of any on or off-site improvements required by land-use laws and/or regulatory agencies. This funding may be made in installments and pursuant to reasonable mechanisms for the timely transfer of funds. E. If development activity gives rise to the Replacement Obligation, First AME shall deposit a grant deed conveying fee title to Assessor's Parcel Nos. 614-101-012 and 614-101-013 into escrow within sixty (60) days of the time at which the Replace ment Obligation. Escrow shall close and fee title to these parcels shall pass to the Agency upon the filing of notice of completion for construction areas for the replacement church. F. First AME shall be prohibited by this Decree from encumbering or otherwise transferring or conveying away any portion of its title to or interest in the property or take any other action that would jeopardize or interfere with the Agency's rights pursuant to the Church Replacement Obligationt A summary of these provisions of the Decree, as they affect title, may be -31- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recorded with the County of Riverside after approval of this Decree, using the document attached as Exhibit "L" hereto. Notwithstanding the provisions of this paragraph, First AME shall not be prohibited from executing a trust deed on the'existing church, provided such trust deed shall be subordinate to the City's and Agency's rights under the Replacement Obligation. G. Site Selection The Agency shall make diligent efforts to acquire as a site for the replacement church the lot identified as Assessor's Parcel No. #608-230-003 (as described in the public records of the County Recorder's Office for the County of Riverside). 1. If the Agency is able to acquire title to Assessor's Parcel No. #608-230-003, the Agency shall convey to the First AME the southern one third of that parcel, more or less, described as "Parcel 1" in Exhibit "I" attached hereto. The conveyance to First AME shall be via grant deed, with no encumbrances other than those which existed upon the Agency's acquisition of title to the property, or those required by California Health and Safety Code §§ 33435 and 33436. 2. If, after exercising due diligence, the Agency is unable to acquire Assessor's Parcel No. #608-230-003, it shall purchase and convey to First AME a parcel of land for the construction of the church complex, cleared of all improvements, -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of a minimum size of 0.75 acres and in a suitable location within the City using the following procedure: a. The Agency shall first use its best efforts to locate a suitable alternative site of a minimum size of 0.75 acres within a one (1) mile radius from the existing church site. b. If no reasonable alternative site is located within a one (1) mile radius, the Agency shall use its best efforts to locate another alternative site with the same lot size requirements within a two (2) mile radius of the original site. c. If necessary, the Agency shall extend its search for a reasonable alternative site of the same minimum lot size to a three (3) mile radius from the existing site. If no reasonable alternative site can be located within a three (3) mile radius, the Agency will select a reasonable alternative site elsewhere in the City or with different characteristics. 3. The site selected for the church complex shall be the subject of a soils analysis and geological survey to determine its suitability for a building with a footprint of 4,700 square feet prior to the conveyance of the property to First AME. Within a reasonable time after the selection of a suitable site for the replacement church, the defendants shall cause title to the site to be conveyed to First AME. -33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The Trustees of First AME shall have the right to approve any site that is selected. The Trustees shall approve or disapprove of the site selected prior to the soils and contaminants tests required by this Decree. The Trustees' approval shall not be unreasonably withheld. Any dispute between the parties over the site will be resolved through binding arbitration pursuant to section VIII, below. H. Replacement Facility, General Principles 1. The parties agree that the replacement First AME church complex, if built, shall be substantially equivalent to the complex depicted in the floor plans and elevations contained in Exhibit "M," utilizing the construction methods and materials described in Exhibit "N," or their substantial equivalents. The parties recognize, however, that without a site certain for the replacement church, it is impractical to agree as to the exact costs or the total design of the church. In building any such replacement church, the parties agree to follow the principles set forth below insofar as possible. Any dispute between First AME and the Agency regarding the design and/or construction of the replacement facility shall be submitted to binding arbitration pursuant to section VIII, below. 2. Design Within sixty (60) days of the time of which the Church Replacement Obligation arises, defendants shall pay to tfie~Fdn~st -34- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AME a sum sufficient to retain an architect who is fully licensed by the California State Board of Architectural Examiners. The defendants shall pay to First AME a sum sufficient to compensate this architect at a reasonable rate to perform services as listed in the model Owner/Architect Agreement attached hereto as Exhibit "0." The rate to be paid this architect shall be commensurate with the rates prevailing in the community for the design of similar structures. The parties agree that the Owner/Architect Agreement executed between First AME and the architect need not be identical to this model. 3. Site Improvements a. If required by any branch or agency of government, the site shall be the subject of testing for sub soils contaminants. b. The Agency shall make available to First AME funds sufficient to allow it to contract for site improvements necessary for the construction of a building with a footprint of 4,700 square feet and a parking lot of 22,000 square feet. These site improvements shall be commensurate with standards prevailing for construction in the area for the improvement of building sites to prevent undue or uneven settling, to allow for adequate water drainage and to eliminate or satisfactorily mitigate any sub soils contaminants. If deemed necessary by prevailing standards for construction in the area, or if required by any branch or agency of government, the site improvements shall -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 include, but not be limited to, sub-excavation and soils removal, importation of soils, compaction of soils, grading, and the installation of dry wells. c. The complex shall have parking for at least 25 cars. The parking lot will be of asphalt and shall have posts and backboards for a high school size basketball court. d. The site shall be improved with aesthetically appropriate landscaping and signage. 4. Structure a. The design and construction of the church complex shall comply with all current and applicable editions of all state, local and uniform building codes as well as all directives issued by any governmental agency. It shall comply, as far as is reasonably possible, with the plans and description attached hereto as Exhibit "M." b. Whenever possible, the building shall utilize the materials identified in Exhibit "N," or materials of like quality and value. -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Financing a. First AME shall contract directly for all design, engineering and construction services necessary to build a replacement facility. b. The Agency shall provide to First AME funds sufficient to cover all costs of design and construction, including, but not limited to the costs of architectural and engineering services, site analyses, site preparation, construction services, project management, fees, permits, bonds, and escrow and other transactional costs. Neither the City and/or Agency shall be liable to indemnify plaintiffs or First AME for attorneys' fees and other costs incurred by plaintiffs and/or First AME in the prosecution, defense of or participation in any lawsuit or other legal proceeding arising out of the future design and/or construction of the replacement church. c. The Agency shall provide First AME with funds suffi-cient to purchase a performance bond provided purchase of such bond does not exceed three percent (3%) of the total construction cost. d. The City or Agency shall have the right to review and approve all contracts valued at $1,000 or more, including the agreement for architectural and design services, which First AME enters into for the design and construction of the replacement church complex and shall have the right to review -37- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and approve the design of the church complex before any binding contract for construction is executed. The Agency shall not withhold its approval of the design or any contract absent a good faith belief that the design or contract violates the terms of this Decree. In the event the parties are unable to resolve a dispute regarding the design or any contract, such dispute shall be submitted to binding arbitration pursuant to section VIII, below. If defendants do not exercise the above-described right of approval within a reasonable time after notification by First AME or its representative of the work or contract that is proposed, defendants shall be deemed to have approved the proposed work or contract. "Reasonable time" for the purposes of this paragraph is defined as twenty (20) days in situations involving contracts valued at $10,000 or less and forty (40) days for contracts valued in excess of $10,000. e. The parties agree that First AME will assume a trust deed indebtedness on the replacement church complex equivalent to the indebtedness extant on the existing church at the time the defendants take title to the existing church. The Agency will pay Bank of America the balance of the amount owing on any note secured by a trust deed on the existing church property. First AME will execute a note secured by a trust deed on the replacement complex in an amount equal to the amount paid by the Agency to extinguish the previous note and trust deed and on the same terms as the previous note and trust deed. -38- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f- The parties agree that the funds for construction provided by the Agency shall be reduced by whatever amounts are paid by the Agency towards reducing the indebtedness incurred by First AME to the Bank of America on loan no. 0791- 999-9122036. g. The Agency shall pay to First AME $15,000.00 cash sixty (60) days prior to the date on which the architect estimates the notice of completion will be final. This cash is to be used for the purchase of furniture and equipment for the day care and community centers. 6. Permits and Approvals a. The Agency and, where necessary, the City shall take all steps consistent with their obligations under local, state and federal law to facilitate the granting of all permits and approvals necessary for the construction of the replacement church. Christ Sanctified Church I. Within 30 days of the court's approval of this Decree, the City or the Agency shall make available to Christ Sanctified Holy Church a cash sum not to exceed $6,050 to allow it to contract for the following: -39- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Installation of bright outdoor flood lighting outside of the Church structure sufficient to illuminate all sides of the building. 2. Replacement of all exterior doors, door frames and door locks. REPLACEMENT FACILITY FOR CHRIST SANCTIFIED CHURCH J. If development activity causes the Replacement Obligation to arise, the Agency shall, within sixty (60) days of the time the Replacement Obligation arises, make available a sum sufficient to allow Christ Sanctified Church to enter into contracts for the design and construction of a replacement church. This funding must be sufficient to cover the reasonable costs of the design and construction of the church, including, but not limited to, the costs of full architectural services, engineering, site improvement (to meet all city, county, and state requirements for soil compaction, on site/off site drainage, contaminated soils testing and removal as may be required by governmental agencies) construction, and landscaping, as well as the costs of all permits, bonds, fees and other incidental charges, including the costs of any on- or off-site improvements required by land-use laws and/or regulatory agencies. This funding may be made in installments and pursuant to reasonable mechanisms for the timely transfer of funds. -40- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K. If development activity gives rise to the Replacement Obligation arises, the Christ Sanctified Church of Indio shall deposit a grant deed conveying fee title to Assessor's Parcel No. 614-101-037 into escrow within sixty (60) days of the' time at which the Replacement Obligation arises. Escrow shall close and fee title to pass to the Agency upon filing of the notice of completion for the replacement church. L. Site Selection 1. The Agency shall make diligent efforts to acquire as a site for the replacement church the lot identified as Assessors Parcel No. 614-130-014 located on Daisy Street south of Garden Avenue. Upon acquiring title to this property, if title is so acquired, the Agency shall deed it to the Christ Sanctified Church by grant deed, with no encumbrances other than those which existed at the time of the Agency's acquisition of title to the original facility, other than those required by California Health & Safety Code §§ 33435 and 33436. 2. If, after exercising due diligence, the Agency is unable to acquire Assessor's Parcel No. 614-130-014, it shall purchase and convey to the Christ Sanctified Church a parcel of land for the construction of the church, cleared of all improvements, of a minimum size of 0.40 acres and in a suitable location within the City using the following procedure: -41- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. The Agency shall first use its best efforts to locate a suitable alternative site of a minimum size of 0.40 acres within a one (1) mile radius from the existing church site. b. If no reasonable alternative site is located within a one (1) mile radius, the Agency shall use its best efforts to locate another alternative site with the same lot size requirements within a two (2) mile radius of the original site. c. If necessary, the Agency shall extend its search for a reasonable alternative site of the same minimum lot size to a three (3) mile radius from the existing site. If no reasonable alternative site can be located within a three (3) mile radius, the Agency will select a reasonable alternative site elsewhere in the City or with different characteristics. 3. The site selected for the church complex shall be the subject of a soils analysis and geological survey to determine its suitability for a building with a footprint of 2,700 square feet prior to the conveyance of the property to the Christ Sanctified Church. Within a reasonable time after the selection of a suitable site for the replacement church, the defendants shall cause title to the site to be conveyed to the Christ Sanctified Church. -42- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The Christ Sanctified Church shall have the right to approve any site that is selected. The Christ Sanctified Church shall approve or disapprove of the site selected prior to the soils and contaminants tests required by this Decree. The Christ Sanctified Church's approval shall not be unreasonably withheld. Any dispute between the parties over the site will be resolved through binding arbitration pursuant to section VIII, below. M. Replacement Facility, General Principles 1. The parties agree that the replacement church, if built, substantially equivalent to the complex depicted in Exhibit "P", utilizing the construction methods and materials described in Exhibit "Q", or their substantial equivalents. The parties recognize, however, that without a site certain for the replacement church, it is impossible to agree as to the exact costs or even the total design of the church. The parties agree, however, to the following principles and further agree to submit any disputes regarding the design or costs for construction to binding arbitration, pursuant to section VIII, below. Within sixty (60) days of the time at which the Replacement Obligation arises, defendants shall pay to Christ Sanctified Church a sum sufficient to retain an architect who is fully licensed by the California State Board of Architectural Examiners. The defendants shall pay to Christ Sanctified Church a sum sufficient to compensate this architect at a reasonable -43- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rate to perform services as listed in the model Owner/Architect Agreement attached hereto as Exhibit "N". The rate to be paid this architect shall be commensurate with the rates prevailing in the community for the design of similar structures. The parties agree that the Owner/Architect Agreement executed between Christ Sanctified Church and the architect need not be identical to this model. 3. The replacement church shall incorporate the following site improvements: a. If required by any branch or agency of government, the site selected for the replacement church shall be the subject of testing for sub soil contaminants. b. The Agency shall make available to Christ Sanctified Church funds sufficient to allow it to contract for site improvements necessary for the construction of a building with a footprint of 2,700 square feet and a parking lot sufficient for the parking of 20 vehicles. These site improvements shall be commensurate with standards prevailing for construction in the area for the improvement of building sites to prevent undue or uneven settling, to allow for adequate water drainage and to eliminate or satisfactorily mitigate any sub soils contaminants. If deemed necessary by prevailing standards for construction in the area, or if required by any branch or agency of government, the site improvements shall include, but not be limited to, sub-excavation and soils removal, importation -44- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of soils, compaction of soils, grading, and the installation of dry wells. c. The site shall be improved with aesthetically appropriate landscaping and signage. d. If the church is to be built on the Daisy Street site, Assessors Parcel No. 614-130-014, a wall of up to 10 feet shall be built on the western property line and landscaping shall be designed to mitigate noise pollution from the pumping station located on Assessors Parcel No. 614-130-004. Such landscaping may utilize mature trees. 4. Structure a. The design and construction of the replacement church shall comply with all current and applicable editions of all state, local and uniform building codes. It shall comply, as far as is reasonably possible, with the plans and description attached hereto as Exhibit "P." b. Whenever applicable, the building shall utilize the materials identified in Exhibit "Q," or materials of like quality and value. -45- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Financing The Christ Sanctified Church shall contract directly for all design, engineering and construction services necessary to build a replacement facility. The Agency shall provide to Christ Sanctified Church funds sufficient to cover all costs of design and construction, including, but not limited to the costs of architectural and engineering services, site analyses, site preparation, construction services, project management, fees, permits, bonds, and escrow and other transactional costs. Neither the City nor the Agency shall be liable to indemnify plaintiffs and/or by Christ Sanctified Church for attorney's fees and other costs incurred by plaintiffs and/or Christ Sanctified Church as a result of the prosecution, defense of or participa tion in any legal proceeding arising out of the future design and/or construction of the replacement church. Church funds sufficient to purchase a performance bond provided purchase of such bond does not exceed three percent (3%) of the total construction cost. review and approve all contracts valued at $1,000 or more the Christ Sanctified Church enters into for the design and construction of the replacement church complex, including^ the c. The Agency shall provide Christ Sanctified d. The City or Agency shall have the right to -46- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agreement for architectural and design services, and shall have the right to review and approve the design of the church complex before any binding contract for construction is executed. The Agency shall not withhold its approval of the design'or any contract absent a good faith belief that the design or contract violates the terms of this Decree. In the event the parties are unable to resolve a dispute regarding the design or any contract, such dispute shall be submitted to binding arbitration, pursuant to section VIII, below. If defendants do not exercise the above- described right of approval within a reasonable time after notification by Christ Sanctified Church or its representative of the work or contract that is proposed, defendants shall be deemed to have approved the proposed work or contract. "Reasonable time" for the purposes of this paragraph is defined as twenty (20) days in situations involving contracts valued at $10,000.00 or less and forty (40) days for contracts valued in excess of $10,000. 6. Approvals and Permits a. The Agency and, to the extent applicable, the City shall take all steps consistent with their obligations under local, state and federal law to facilitate the granting of all permits and approvals necessary for the construction of the replacement church. -47- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VIII. ARBITRATION The parties to this Decree acknowledge that, while the United States District Court retains jurisdiction over the enforcement and general interpretation of the Decree, certain of terms, conditions and other provisions contained in the Decree specifically reference the resolution of disputes relating thereto through binding arbitration. In such cases, arbitration I will take place in the manner set forth below. Selection of Arbitrator. All arbitrations shall take place before the Honorable Paul Egley (retired). If Judge Egley is unavailable to act as an arbitrator in relation to any dispute regarding this Decree, the parties shall instead select a judge listed with the Judicial Arbitration and Mediation Service ( JAMS ) to act as an arbitrator, or may select any other mutually agreeable arbitrator or process of arbitration. Election to Arbitrate. Arbitration pursuant to this Decree must be specifically requested by the party seeking arbitration pursuant to this paragraph. Such an election to arbitrate a dispute can be made by a party only by formally notifying all other parties to this Decree of an election to arbitrate in relation to a particular dispute. Such a notice must be sent to all parties within a reasonable time after the dispute first arose and the notice shall contain, at a minimum, a detailed description of the subject dispute and a statement that the party is electing arbitration pursuant to this paragraph. -48- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Timing—of_Arbitration. Arbitrations pursuant to this P̂ -̂ Ŝ̂ -̂Ph must take place within sixty (60) days from the date the election to arbitrate pursuant to subparagraph 2, above, is made. D * Conduct of the Arbitration. The manner in which arbitrations under this paragraph shall be conducted is to be left to the sole discretion of the selected arbitrator. All parties to this Decree represent and warrant that they shall cooperate in providing the selected arbitrator with all documents, materials and any information necessary to assist the selected arbitrator in the performance of his or her role. E - Costs of Arbitration. To the extent that any party to this Decree incurs attorney's fees and other costs in connection with the arbitration, those fees and costs shall be the responsi- bilitY that party alone. The fees and costs incurred by the selected arbitrator in the performance of his or her role pursu ant to this paragraph shall be paid by the City and/or Agency and the plaintiffs jointly, with the City and/or Agency paying 75% of said fees and costs, and the plaintiffs paying 25% of said fees and costs. F- Decision of Selected Arbitrator. The selected arbitrator may render his or her decision orally or in writing. Such a decision is binding on all parties. -49- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IX. COMMUNITY RECOGNITION A. The defendants shall cause the name of Date Avenue, between Monroe and Arabian, to be renamed John Nobles' Avenue. B. Within ninety (90) days after approval by the Court of this Decree, the Agency shall pay $56,700.00 to plaintiffs' counsel to be held in trust for plaintiffs for the charitable purpose of commemorating Noble's Ranch. Plaintiffs shall give thirty (30) days advance notice to the City and Agency regarding any use of the funds. X. OTHER REUTER A. The Agency shall pay plaintiffs $15,000.00 to reimburse plaintiffs for all fees and expenses paid to plaintiffs' architect to develop plans for this Decree. This amount is to be paid within thirty (30) days of approval by the Court of the Decree. XI. IMPLEMENTATION OF DECREE A. In the event that any dispute or controversy arises concerning the interpretation, application, or enforcement of the Decree, the parties reserve the right to select a third party to mediate or arbitrate the controversy or dispute on terms to be agreed upon at that time. -50- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The parties reserve the right to petition or apply to this Court for modification of this Decree for any purposeany purpose whatsoever. C. The parties agree to prepare and provide documents and relevant information, reasonably necessary to effectuate the terms of this Decree. XII. COSTS AND FEES Jurisdiction over the issue of costs attorneys' fees as provided for under 42 U.S.C.A. § 1988 is reserved to this Court. HILL, FARRER & BURRILL NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. DATED: 1993 By: oui nann nee Kevin S. Reed Attorneys for Plaintiffs BEST, BEST & KRIEGER Kendall H. MacVey 7 Patrick H.W.F. Pearce' Attorneys for Defendants It is sc ordered