1997 Stamko Development - Development Agreement319682
RECEIVED FOR RECORD
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AND MAIL TAX STATEMENTS TO: ) SEP - 31997
City of La Quinta ) Receded m o„,ay RaoWs
78-495 Calle Tampico of
R"°"'d° `OY"". cal''0i""
z
La Quinta, California 92253 ) Recorder
Attn: City Clerk ) Fees $
(Space above for Recorder's Use)
M
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF LA QUINTA,
STAMKO DEVELOPMENT CO.
AND
JUVONEN LIVING TRUST
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Table of Contents
RECITALS 2
DEFINITIONS 4
1.1 Authorizing Ordinance 4
1.2 City 4
1.3 Conditional Use Permit (CUP) ....................................... 4
1.4 Developer ........................................................ 4
1.5 Development ... ; 4
1.6 Development Agreement Statute ...................................... 5
.1.7 Development Approval(s) or Approval(s) ............................... 5
1.8 Effective Date 5
1.9 Existing Rules .................................................... 5
1.10 Final Development Plan ............................................. 5
1.11 General Plan 5
1.12 Owner 5
1.13 Phase 1 5
1.14 Phase 11 5
1.15 Phase 111 5
1.16 Partial Owner 6
1.17 Project .......................................................... 6
1.18 Project Site ....................................................... 6
1.19 Public Improvements 6
2. EXHIBITS 6
3. GENERAL PROVISIONS 6
3.1 Property Subject to the Agreement .................................... 6
3.2 Duration of Agreement ............................................. 7
3.3 Assignment 7
3.3.1 Assignment Without Notice to City .............................. 7
3.3.2 Assignment Upon Notice to City ................................ 8
3.4 Amendment or Cancellation of Agreement .............................. 8
3.5 Implementation Memoranda; Amendment to Developer Lease Agreement ..... 8
3.6 Unforeseen Circumstances 9
3.7 Enforcem-.nt of Agreement ......................................... 10
3.8 Hold Harmless ............................................10
3.9 Binding Effect of Agreement ........................................ 10
3.10 Relationship of Parties ............................................. 11
3.11 Notices .......................II
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4. REGULATION OF DEVELOPMENT
4.1
11
Rules, Regulations, Official policies ("Existing Rules") ................... 11
4.2
Limitations, Reservations and Exceptions ("Reservations of Authority") ......
12
4.2.1 Application of Subsequently Enacted Rules, Regulations and Official
Policies................................................
12
4.2.2 Application of Subsequently Revised or Adopted Fees and/or
Improvement Standards ..................................
12
4.2.3 State and Federal Laws, Regulations and Decisions ................
12
4.2.4 Public Health and Safety .....................................
13
4.2.5 Future Discretionary Reviews ..................
13
4.2.6 Full Extent of Law
4.3
.......... ....... ....
Assurances to Developer Regarding Exercise of Reservations of Authority ....
14
14
4.3.1 Adoption of General Plan and Preliminary Development Plans; Further
Approvals and CEQA Compliance .............................
14
4.3.2 Administrative Findings and Burden of Proof ..................... ............
15
4.4
Vested Rights ...............................................
15
4.5
Referenda and Moratorium
.........................................
15
5. DEVELOPMENT
OF THE PROPERTY ...............................
16
5.1
...16
Permitted Uses
5.2
....................................... ........ • •
Phase I, II, and III Buildings
5.3
....................................
Permitted Density, Height and Size of Development .....................
16
17
5.3.1 Site Development Requirements Which Exceed Standard Development
Requirement ..............................................
17
5.4
Phasing of Construction
............................................
5.4.1 Phasing of Construction
17
......................................
5.4.2. Developer..........
17
.......................................17
5.4.3 City
......................................................18
5.4.4 Completion of Project
.......................................
18
6. PUBLIC IMPROVEMENTS DEVELOPMENT ...............................
18
6.1
Public Improvement Facilities and Services ........................
18
6.2
Reservation and Dedications of Land ..............................
19
6.3
Focused Traffic Study ...........................................
19
6.4
Payment of Fees
............................... .. .............
6.4.1 Transportation System Improvement Program (TSIP):
19
[This section reserved] ...................................
19
6.4.2 Fire Protection Facilities:
[This section reserved] .......................................
19
6.4.3 Capital Facilities:
[This section reserved] .......................................
19
6.4.4 Shortfall Fee:
[This section reserved] .......................................
19
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7. TAXES, ASSESSMENTS, ENCUMBRANCES AND LIENS ................... 20
7.1 Taxes, Assessments, Encumbrances, and Liens ......................... 20
8. INSURANCE .................................. . 20
8.1 Insurance ....................... 20
8.1.1 Compensation Insurance ... ............... . 20
8.1.2 Public Liability and Property Damage Insurance ................... 20
8.2 Evidence of Insurance ............................................. 20
9. ANNUAL REVIEW •
9.1 City and Developer Responsibilities • • • • • • • • .. 20
9.2 Information to be Provided B ' ' ' ' ' ' . • • • • • • • • . 20
y Developer .............................. 21
9.3 Findings..........................21
9.4 Failure of Annual Review ....... 21
9.5 Periodic Review/Progress Reports .................................... 21
10. ESTOPPEL CERTIFICATES ............................................. 22
10.1 Estoppel Certificates ............................................. 22
11. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION ........... 22
11.1 General Provisions 22
11.1.1 Option to Institute Legal Proceedings or to Terminate ...... 73
11.1.2 Notice of Termination ...................... . 23
11.1.3 Waiver •.•."•."".•. 23
11.2 Enforced Delay, Extension of Time of Performance . . 23
11.3 Institution of Legal Action .......... • .. • . . . . . . . . . . . . . . . . . 24
11.4 Remedies Available to Developer .. • • . • . • . • • .. 24
11.5 Remedies Available to City ......................................... 25
12. ENCUMBRANCES AND RELEASES ON REAL PROPERTY: ................. 25
12.1 Discretion to Encumber ... 25
12.2 Entitlement to Written Notice of Default .... 25
12.3 Property Subject to Pro Rata Claims .................................. 25
13. MISCELLANEOUS PROVISIONS ..... 25
13.1 Rules of Construction ....................................... .
Party Beneficiaries ........ ......' . • • • • ... 26
13.2 No Third
13.3 Third P................................26
Party Fees/Administrative Costs: [This section reserved] ............ 26
13.4 Project is a Private Undertaking .............. . 26
13.5 Incorporation of Recitals ........................ . 26
13.6 Restrictions 26
13.7 Recording.......................................................26
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13.8 Severability.....................................................26
13.9 Entire Agreement, Waivers and Amendments ............. ............. 27
EXHIBITS
Exhibit A
Exhibit A-1
Exhibit A-2
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Project Site
Property Description
Developer Lease Agreement
Specific Plan
Conditional Use Permit
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (hereinafter referred to as "Agreement") is made and
entered into this /5-'day of u l , 1997, by and between the CITY OF LA QUINTA,
a charter city (the "City"), STAMKO EVELOPMENT CO., a California limited partnership
("Developer") and the JUVONEN LIVING TRUST, a California trust ("Partial Owner"). City and
Developer are hereinafter sometimes referred to individually as a "Party" and collectively as the
"Parties".
RECITALS
This Agreement is predicated upon the following facts:
A. To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the Legislature of the State
of California adopted Government Code Sections 65864 through 65869.5 (the "Development
Agreement Statute".) which authorized City to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such property and
for the purpose of establishing certainty for both the City and the Developer in the development
process.
B. The City is a charter city located in the County of Riverside, State of California. The
City enters into this Agreement pursuant to the authority granted by the Development Agreement
Statute and the La Quinta Charter and Municipal Code Sections 9.250.010, et seq.
C. The Developer is the owner in fee of certain real property located in the City of La
Quinta (the "Project Site") which is designated in Exhibit "A", attached hereto and incorporated
herein. The Project Site consists of approximately 87 acres and is located on the southeast comer
of Highway I I I and Adams Street. The Legal Description for the property depicted in the Project
Site (the "Property") is set out in Exhibit "B" attached hereto and incorporated herein by this
reference. Developer warranfs and represents to the City that it has the full power and authority to
enter into this Agreement, that all authorizations required to make this Agreement binding upon the
Developer have been obtained and that each person executing this Agreement on behalf of Developer
has been fully authorized 'to do so by Developer.
D. The Parties desire to enter into this Agreement relating to the Property in
conformance with the Development Agreement Statute, City Charter and Municipal Code and
applicable City rules, regulations and official policies to achieve the development of the Project (as
defined in Section 1.15 of this Agreement) as permitted under Section 5 of this Agreement and to
provide, improve, construct, dedicate, convey or contribute toward certain public services, facilities,
lands and infrastructure improvements pursuant to Section 6 herein (the "Public Improvements"),
all in the promotion of the health, safety and general welfare of the City.
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E. Developer wishes to develop the Project and the Public Improvements in exchange
for the assurances herein provided from City that Developer will be permitted to implement such
development in accordance with the terms and conditions set forth in this Agreement including but
not limited to the "Developer -Lease Agreement" which is set out in Exhibit "C" attached hereto and
incorporated herein by this reference.
F. City wishes to ensure the provision of the Public Improvements and desires to use this
Agreement, including the "Developer Leasehold Agreement" (Exhibit "C") and the development
rights and entitlements granted herein and pursuant hereto to achieve enhanced and accelerated time
frames for construction of said Public Improvements.
G. It is the intent of the Parties that on execution of this Agreement Developer shall be
obligated to complete the Public Improvements in the manner set forth herein and that Developer
will be entitled to proceed with the Project subject to the approved Specific Plan 97-029 and
Conditional Use Permit 97-034 attached hereto and incorporated herein as "D" and "E", respectively,
in accordance with this Agreement and with City's rules, regulations and official policies governing
permitted uses, density, design, improvement and construction standards and specifications in force
on the effective date of this Agreement.
H. The Parties acknowledge that the Project, which will be built in three (3) phases of
several years each, will cause adverse impacts on City's traffic conditions and on levels of public
services and facilities within City and that City has imposed mitigation measures pursuant to the
Environmental Impact Report approved by City on 7- /5 -`% 7 as a condition to issuing
Development Approvals in connection with the development of the Project in order to mitigate
such impacts.
I. In order for both City and Developer to achieve their respective objectives, it is
necessary that each be as certain as possible that Developer will develop and that City will permit
Developer to develop the Project and to construct or contribute to the construction of the Public
Improvements as set forth in Exhibit "C" and the terns of this Agreement as approved by City within
the time frames set forth in this Agreement.
J. City and Developer will use their best efforts to assure each other that all applications
for and approvals of grading permits, building permits or other Development Approvals necessary
for Developer to develop the Project in accordance with this Agreement are sought and processed
in a timely manner.
K. On July 8, 1997, the Planning Commission of the City of La Quinta (the "Planning
Commission"), after giving notice pursuant to Government Code Sections 65854, 65854.5 and 65866
held a public hearing on Developer's application for this Agreement. On July 15, 1997, the City
Council of the City of La Quinta ("City Council"), after providing public notice as required by law,
similarly held a public hearing to consider Developer's application for this Agreement.
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L. The Planning Commission and the City Council have found that the Agreement is
consistent with the General Plan and all other applicable plans, rules, regulations and official policies
of the City of La Quints.
M. In accordance with the requirements of the California Environmental Quality Act
(Public Resources Code Sections 21000, et seq., ("CEQA")), appropriate studies, analysis, reports
or documents were prepared and considered by the Planning Commission and the City Council. The
City Council, after making appropriate findings, certified, by Resolution No. ,76aadopted on
-/5-?7 an Environmental Impact Report for the Project in compliance with CEQA.
N. On —J-u /y a, /, I M , the City Council adopted Ordinance No. 306,
approving this Agreement with Developer. The Ordinance takes effect on
DEFINITIONS: In this Agreement, unless the context otherwise requires:
1.1 Authorizing Ordinance: "Authorizing Ordinance" means Ordinance No. 300
approving this Agreement.
1.2 may: "City" means the City of La Quinta, a charter city duly organized and existing
under the laws of the State of California. The "City" also means the geographic area within the
boundaries of the City.
1.3 Conditional Use Permit (CUP): "Conditional Use Permit" or "CUP" means
Conditional Use Permit 97-034 recommended for approval by the Planning Commission at its
meeting of July 8, 1997, and approved by the City Council at its meeting on �y (y / 6 QQ7
1.4 Developer: "Developer" means Stamko Development Co., and/or its successors in
interest, which shall develop and operate the Project as described in Section 3.1 pursuant to the terms
of Section 3.3 of this Agreement.
1.5 Developer: "Development" or "development" means the improvement of the
Property for purposes of cogstructing the structures, improvements and facilities comprising the
Project and the Public Improvements as set forth in this Agreement, including, without limitation:
grading, the construction of infrastructure and public facilities relating to the Project and the Public
Improvements whether located within or outside the Property; the construction of any structure; and
the installation of any landscaping.
1.6 Development Agmement Statute: "Development Agreement Statute" means
California Government Code Sections 65864 through 65869.5 as it exists on the date of the
execution of this Agreement.
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1.7 Development AFFrovaJU or nproval� ): "Development Approval(s)" or
"Approval(s)" means site specific plans, maps, permits and other land use entitlement of every kind
and nature approved or granted by City in connection with the development of the Property and
consistent with this Agreement, including, but not limited to: site plans, tentative and final
subdivision tract maps, vesting tentative maps, parcel maps, conditional use permits, and grading,
building and other similar permits, maps, plans, licenses and entitlements. To the extent any such
site specific plans, maps, permits and entitlements are amended from time to time, "Development
Approvals" or "Approvals" shall include, if the Parties agree in writing, such matters as so amended.
If this Development Agreement is required by law to be amended, the "Development Approvals"
shall include such amendment only if and to the extent that this Agreement is so amended.
1.8 Effective Date: "Effective Date" means the date the Authorizing Ordinance becomes
effective.
1.9 Existing Rules: "Existing Rules" means those rules, regulations and official policies
as defined in Section 4.1 of this Agreement.
1.10 Final Development Plan: "Final Development Plan" means a final set of complete
working drawings for each building to be constructed on the Property, approved by City through the
building plan check phase in City's development approval process.
1.11 General Plan: "General Plan" means the General Plan of City.
[1.12 Owner: "Owner means Stamko Development Co., a California limited partnership,
and the Juvonen Living Trust, a California trust.]
1.13 Phase I: "Phase I" means Phase I of the Project as defined in Section 5.4.1 of this
Agreement.
1.14 Phasej: "Phase II" means Phase II of the Project as defined in Section 5.4.1 of this
Agreement.
1.15 Ph=11 : "Phase III" means Phase III of the Project as defined in Section 5.4.1 of this
Agreement.
1.16 Partial Owner: "Partial Owner" means the Juvonen Living Trust which is owner of
a portion of the Project Site consisting of approximately 4.9 acres in the corner bounded by Highway
I I I and Adams Street. It is the understanding of the parties that the Partial Owner shall sell its
interest to the Developer prior to construction commencing on Phase I.
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1.17 Proiect: "Project" means the development of up to 9 auto dealer pads of up to
275,000 square feet with an alternative for two of the pads to be used as auto related commercial
uses and a total of approximately 400,000 square feet of adjacent commercial including
retail/entertainment, restaurant and up to a maximum of 100,000 square feet of office uses,
containing more than sufficient parking spaces to comply with City parking standards in
conformance with the terms and limitations of this Agreement, and as more particularly represented
in the Site Plan attached hereto as Exhibit "A", the development of which shall include all mitigation
measures (on -site and off -site) imposed as part of the CEQA review process, and as conditions to
the issuance of Development Approvals, including, but not limited to the Specific Plan and
Conditional Use Permit, consistent with this Agreement.
1.18 eject Site: "Project Site" means the real property on which the Project will be
developed consisting of approximately 87 acres as designated in Exhibit "A".
1.19 Public Improvements: "Public Improvements" means those certain lands, facilities
and services to be improved, constructed, dedicated, conveyed or provided and amounts to be paid
by Developer to the public pursuant to Section 6 and the Developer Lease Agreement (Exhibit "C").
2. EXHIBITS: The following documents are referred to in this Agreement, and attached hereto
and are incorporated herein as though set forth in full:
A.
Project Site
B.
Property Description
C.
Developer Lease Agreement
D.
Specific Plan
E.
Conditional Use Permit
ATM OilCOCGURN
3.1 Proms Subject to the A m n : The real property which is the subject of this
Agreement (the "Property") is approximately 87 acres. It will be developed in three phases as shown
on the Project Site (Exhibit "A"). Phase I has approximately 33 acres, Phase II has approximately
15 acres and Phase III has approximately 39 acres. The legal description of the Property is attached
hereto as the "Property Description" (Exhibit "B").
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3.2 Duration of AYr m n : The term of this Agreement shall be thirteen (13) years,
commencing upon the Effective Date of Ordinance No. . o(O approving this Agreement and
authorizing its execution and shall expire on Quc�as� a o , 201 o ' unless otherwise terminated,
modified or extended by written mutual agreement pursuant to the terms of this Agreement.
Following the expiration of the term of this Agreement, this Agreement shall be deemed to be
terminated without the need for further documentation from the Parties. The expiration or
termination of this Agreement shall not affect any right conferred or duty imposed by Development
Approvals for the Project which were approved prior to, concurrently, with or subsequent to the
approval of this Agreement.
3.3 AOiElimgIIt: The rights, interest and obligations of Developer under this Agreement
may be transferred or assigned, only in accordance with the terms of Section 3.3.1 or Section 3.3.2
as set forth, herein below. Any such transfer or assignment may be made only together with and as
an incident of the transfer, assignment, financing, sale or lease of all or a portion of the Project Site.
During the term of this Agreement and as provided in Section 3.10, any transferee or assignee shall
be bound by this Agreement and shall observe and perform all of the duties and obligations of
Developer and shall have all of the same rights, benefits and interests of Developer contained herein
as such duties, obligations, rights, benefits and interests pertain to the portion of the Project Site so
transferred or assigned. City shall have no duty or obligation of any kind or nature to maintain a
record of such transfers or assignments of all or any portion of the Project Site or the concomitant
duties, obligations, rights, benefits or interests relating thereto or to notify or advise prospective or
actual transferees or assignees or others of such assignments or the resulting allocations of duties,
obligations, rights, benefits or interests under this Agreement with respect to the Project Site or
portion thereof.
Notwithstanding any ether provision of this Agreement, the Parties agree that the notice and
hearing procedures of the Development Agreement Statute shall not apply to the transfer or
assignment of all or any portion of this Agreement which is accomplished in conformity with Section
3.3.1 or Section 3.3.2. Any attempt to assign or transfer any right,. interest or obligation in this
Agreement except in strict compliance with Section
force and effect. 3.3.1 or 3.3.2, shall be null and void and of no
3.3.1 Assignment Wi to City. Notwithstanding the foregoing,
Developer shall have no obligation to deliver notice to City or obtain City's prior written consent in
connection with any conveyance or transfer to a bank, financial institution or other institutional
lender for security purposes, or a trustee(s) under one or more deeds of
interest in the Project, the Project Site or an�, of an equitable or legal
y portion thereof, whether such conveyance or transfer
is accomplished by means of a deed(s) of trust, security agreement(s) and/or other instrument(s).
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No additional approval by the City shall be necessary for the proposed transfer from the
Juvonen Living Trust to Developer, nor from the transfers from the Developer to the Desert City
Dealers pursuant to that certain Option and Purchase Agreement dated November 14, 1996 by and
between Stamko Development Co. And Desert City Dealers. Further, concurrently with the transfer
of the interest of Juvonen in the Property to Developer, Juvonen will assign to Developer all of its
right, title and interest in and to this Agreement. Concurrently with the foregoing assignment,
Juvonen will be relieved of any and all obligations under this Agreement, including, but not limited
to, all duties and obligations under this Agreement.
3.3.2 Assignment Upgn Notice to City: Developer shall have the right to assign its
duties, obligations, rights, benefits and interests under this Agreement pursuant to this Section 3.3.2
by obtaining City's prior written consent. In order to obtain City's consent, Developer shall deliver
to City a notice at least thirty (30) days prior to any such proposed assignment or transfer. City may
review the financial strength and stability and development capability and experience of the proposed
transferee or assignee to determine whether such transferee or assignee provides adequate security
to satisfy the duties and obligations under this Agreement as they pertain to the portion of the Project
Site proposed to be so transferred or assigned or as otherwise approved by the City. Phase III
approval is dependent upon a showing to the satisfaction of the City that a proposed assignee, has
the financial strength and development capability to develop commercial/retail pursuant to the
Specific Plan. Based upon said review, City shall not unreasonably withhold its consent to the
proposed transfer or assignment. Failure by City to deny or consent to a proposed transfer or
assignment pursuant to this Section 3.3.2 within thirty (30) days after receiving notice by Developer
shall be deemed to constitute denial unless such period is extended by consent of the Developer.
Following any transfer or assignment made in strict compliance with the terms of this Section 3.3.2,
and upon the express assumption, in writing in form approved by the City Attorney, by such
approved assignee of the applicable duties and obligations of Developer under this Agreement,
Developer shall be relieved of and from further liability or responsibility for the obligations arising
under this Agreement as they directly pertain to the portion of the Project Site so transferred or
assigned so long as such obligations do not pertain to other portions of the Project Site; provided,
however, that the Developer shall not be relieved of such liability or responsibility in the event the
Developer is in default after notice and lapse of any applicable cure period of any of the terms of this
Agreement. The original Developer shall only be responsible for defaults, with respect to the portion
of the Project transferred, which occur prior to the date of transfer where such transfer has been
approved by the City pursuant to this Section 3.3.2 or without the approval of the City in accordance
with the provisions of Section 3.3.1.
3.4 Amendment or Cancellation of Ag m n : This Agreement may be amended, or
canceled in whole or in part, by the mutual consent of the Parties, or their successors or assigns
designated in accordance with Section 3.3, and the adoption of an ordinance in accordance with
Government Code Sections 65867, 65867.5 and 65868, and the La Quinta Charter and Municipal
Code Section 9.250.030. All amendments to this Agreement must be in writing signed by the
appropriate authorities of City and Developer or their authorized successors or assigns, in a form
suitable for recording in the Office of the Recorder, County of Riverside.
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3.5 Implementation Memoranda amendment to Developer Lease Ag env„+: The
Parties acknowledge that from time to time it may be in the mutual interest of the Parties that certain
details relative to performance of the Agreement be refined. Therefore, to the extent allowable by
law, the Parties retain a certain degree of flexibility with respect to those provisions covered in
general under this Agreement which do not relate to the term, permitted uses, density or intensity of
use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms,
restrictions and requirements relating to subsequent discretionary actions, development of public
improvement or monetary contributions by Developer or any conditions or covenants relating to the
use of the Property. When and if the Parties find it necessary or appropriate to make changes or
adjustments to such provisions, they shall effectuate changes or adjustments through implementation
memoranda in recordable form approved by the Parties. in writing which reference this Section 3.5.
Upon report to and approval by the City Council, the City Manager or his designee shall have the
authority to approve the implementation memoranda pursuant to this Section on behalf of City. No
implementation memoranda shall require notice or hearing or shall be deemed to constitute an
amendment to this Agreement. Similarly, any amendments to the Developer Lease Agreement
(Exhibit "C") which would meet the same criteria as the implementation memoranda set forth in this
Section shall additionally not require notice, hearing or be deemed to constitute an amendment to
this Agreement.
The term "this Agreement" or "Development Agreement" herein shall include any
amendment properly approved and executed pursuant to Section 3.4 and any changes or adjustments
by implementation memoranda as set forth in this Section 3.5.
3.6 Unforeseen Circumstances: These provisions provide a mechanism for the
identification of those circumstances which justify the modification, termination or suspension of
this Agreement. If, as a result of facts, events or circumstances presently unknown, unforeseeable
and which could not have been known to or foreseen by the Parties to this Agreement, the staff of
the City after ten (10) days' written notice to Developer determines that the health and safety of City
require the modification, suspension or termination of this Agreement, City shall (a) notify
Developer in writing within ten (10) days following City's determination of the reasons therefor and
all facts upon which such reasons are based; (b) forward to Developer, a minimum of ten (10) days
prior to the hearing before the City Council, all documents relating to such determination and reasons
therefor; (c) notify Developer, in writing, at least thirty (30) days prior to the date, the time and place
of the hearing; and (d) hold a hearing on the determination at which hearing Developer shall have
the right to offer witnesses, reports and oral and written testimony, and further have the right to
examine witnesses, City staff or other persons. The hearing may be continued from time to time as
may be deemed appropriate by City. City shall have the obligation, based upon clear and convincing
evidence, of establishing that: (i) the circumstances were unknown, unforeseeable and could not
have been known to or foreseen by City at the time of entry into this Agreement; (ii) the health and
safety of the community require the suspension, modification or termination of this Agreement as
opposed to any other alternative; and (iii) City, to the extent feasible, has provided Developer with
an equitable program to reimburse to Developer unused fees, and provided equitable reimbursement
for dedications or improvements not required by the extent of development as of the date of such
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suspension, modification or termination. In the event the City Council shoul fail to make such
findings then this Agreement shall not be so terminated, modified or suspended at such time. The
unforeseen circumstances which shall cause the operation of this provision shall not be the result of
changes in state or federal law. In the event of changes in state or federal law, the provisions of
Section 4.2.3 shall govern.
3.7 Enforcement of Ag eme : Subject to revisions, amendments or cancellation as
provided in Sections 3.4, 3.5 or 3.6, this Agreement is enforceable by any Party or its successors and
assigns designated in accordance with Section 3.3, notwithstanding a change in the General Plan,
applicable specific plans, zoning, subdivision or building regulations adopted by City which alter
or amend the Existing Rules, except as provided in Section 4.2. This Agreement shall not prevent
the City from denying or conditionally approving any subsequent development project application
by a third party who is not a successor -in -interest pursuant to Section 3.3 hereto on the basis of such
existing or new rules, regulations and policies.
3.8 Hold Harmless: Developer agrees to and shall defend, indemnify and hold City, its
officers, agents, employees and representatives harmless from liability for damage or claims for
damage for personal injury including death and claims for property damage which may arise from
the direct or indirect operations of the Developer or those of its contractors, subcontractors, agents,
employees or other persons acting on its behalf which relate to the Project. Developer agrees to and
shall defend, indemnify and hold harmless City and its officers, agents, employees and
representatives from actions and claims for damages caused or alleged to have been caused by reason
of Developer's activities on the Property or otherwise in connection with the Project.
Notwithstanding the foregoing, indemnity provided herein shall not apply if such damage or claim
arises solely from City's intentional acts that are outside the permissible exercise of its police powers
and is not caused or contributed to, or participated in by the Developer.
Without limitation to the remainder of this Section 3.8, this Section 3.8 applies to all
damages and claims for damages suffered or alleged to have been suffered by reason of the
operations referred to in this Section 3.8, regardless of whether or not City prepared, supplied or.
approved plans or specifications, or both, for the Project.
The Developer further agrees to indemnify, hold harmless, pay all costs and provide
a defense for City in any action by a third party challenging the validity, applicability or
interpretation of this Agreement. Notwithstanding the foregoing, City agrees to pay the legal costs
for its own legal counsel relating to a defense arising out of an alleged breach of the Settlement
Agreement dated February 1990 between the City of Indio, the City of La Quinta and the La Quinta
Redevelopment Agency.
3.9 Binding_ Effect of Agreement: The provisions of this Agreement shall constitute
covenants which shall run with the land and, subject to the provisions of Section 3.3, the burdens
of this Agreement shall bind and the benefits of this Agreement shall inure to the Parties' successors
and assigns. Every person who now or hereafter owns or acquires any right, title or interest in or to
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any portion of the Project or the Project Site is and shall be conclusively deemed to have consented
and agreed to every provision contained herein, whether or not any reference to this Agreement is
contained in the instrument by which such person acquired an interest in the Project or the Property.
3.10 Relationchin off: It is understood that the contractual relationship between City
and Developer is such that Developer is a independent contractor and not an agent, joint venturer or
partner of or with City.
3.11 Notices: All notices, demands and correspondence and other communications
required or permitted under this Agreement shall be in writing and shall be personally delivered or
sent by registered or certified'mail, postage prepaid, return receipt requested. Any notices sent shall
be deemed received upon the earlier of.
(a) If personally delivered, the date of delivery to the address of the person
receiving such notice; or
(b) if mailed, three (3) business days after the date of posting by the United
States Post Office, sent to the following:
If to the City:
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
If to Developer and/or Owner:
STAMKO Development Co.
10100 Santa Monica Boulevard, Ste. 400
Los Angeles, ICA 90067
Attention: Christine F. Clarke
A Party may change its address by giving notice and other writing to the other Party in
accordance with the notice provisions of this Section. Thereafter, notices, demands, correspondence
and other communications shall be delivered to the new address.
4. REGULATION OF DEVELOPMENT:
4.1 Rules. Regulations Offi ial Rglicies ("Existing Rules"): City rules, regulations,
ordinances, laws, the General Plan and applicable specific plans, and official policies governing
permitted uses, density, design, improvement, and construction standards and specifications for
development of the Property pursuant to this Agreement (herein called the "Existing Rules") shall
be those in force and effect as of the Effective Date. Developer shall in conformity with the terms
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of this Agreement prepare and obtain approval by the City of the Final Development Plan for each
building to be constructed on the Property. Any Development Approvals, including the Final
Development Plans and subdivision map(s) for the Project, shall be in conformity with this
Agreement and the City shall not impose conditions of approval on such Approvals in conflict with
the terms herein. Upon approval by City, the Final Development Plan for each building and other
Development Approvals shall constitute and become a part of the Existing Rules. and the Developer
shall comply with the Final Development Plans and all future Development Approvals as part of the
Project.
4.2 Limitations Reservations and —Exceptions ("Reservations of Au hori ll
Notwithstanding anything to the contrary set forth in Section 4.1 herein above, in addition to the
Existing Rules, the following rules, regulations and official policies adopted by City hereafter or by
the state or federal government as provided in Section 4.3 (collectively referred to herein as
"Reservations of Authority") shall apply to and govern the development of the Property:
4.2.1 Application of 4ubseguen ly EaUted Rules Re2wations and Official Policies:
City may, hereafter, during the term of this Agreement apply such subsequently enacted or modified
rules, regulations, ordinances, laws, general or specific plans, and official policies which are not in
conflict with those in effect on the Effective Date, and the application of which would not prevent,
delay or make infeasible (specifically due to substantial increases in cost or delays in time)
development as contemplated by Section 5.
4.2.2 Application of Subseaun ly Revised or Adopted Fees l"r Improvement
Standards: City fees, including without limitation, application fees, processing fees, utility
connection fees and inspection fees, or similar type fees, and improvement standards as set forth in
City's subdivision regulations and construction standards and specifications that are revised during
the term of this Agreement shall apply to the development of the Property pursuant to this
Agreement provided that: (1 � such fees, standards and specifications apply to substantially all public
works and/or development proposals within City and (2) their application to the Property is
prospective only as to applications for building and other development permits or approvals of
tentative subdivision maps not yet accepted for processing. Notwithstanding the above, City
development impact infrastructure fees shall remain the same as the date of the application for this
Agreement, which application date is March 3, 1997.
4.2.3 State and Federal Laws-- Regulations and Decisions: Existing and future state
and federal laws, regulations and decisions, together with city laws, regulations, plans, policies,
programs and actions, or inaction, specifically mandated and required by changes in state or federal
laws, regulations or decisions (subject to any "grandfather" provisions which the City, if it has the
discretion to do so, determines are applicable to the Project and this Agreement) are controlling, and
shall apply to the development of the Property pursuant to the following provisions:
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a. Notice and Copies: In the event that existing state or federal laws,
regulations or decisions or such laws, regulations or decisions enacted or adjudicated after the
Effective Date or the action or inaction of any other affected governmental jurisdiction prevent or
preclude compliance with any provision of this Agreement or require changes in any Development
Approvals or programs or actions of City, each Party with knowledge of the same shall provide the
other Party with: (1) written notice of such state or federal restriction; (2) a copy of such law,
regulation or decision, and (3) a statement of conflict with the provisions of this Agreement or
Approvals, programs or actions and of the proposed course of action of the Party giving the notice
to modify or suspend this Agreement, Approvals, programs or action as may be necessary to comply
with such state or federal laws, regulations or decisions.
b. . Modification Conference: The Parties shall, within thirty (30) days,
meet and confer in good faith in a reasonable attempt to modify this Agreement, Approvals,
programs or actions if necessary to comply with such federal or state law, regulation or decision.
C. Council He * : Regardless of whether the Parties reach an
agreement on the effect of such federal or state law regulation or decision upon this Agreement,
Approvals, programs or actions, the matter shall be scheduled for hearing before the City Council.
Thirty (30) days following written notice of such hearing to the Developer shall be given,.pursuant
to Government Code Section 65854.5 and La Quinta Charter and Municipal Code Section
9.250.030C.15. The City Council, at such hearing, shall determine the exact modification or
suspension which shall be necessitated by such federal or state law or regulation. Developer, at the
hearing, shall have the right to offer oral and written testimony. Any modification or suspension
shall be taken by the affirmative vote of not less than a majority of the authorized voting members
of the City Council. Any suspension or modification may be subject to judicial review in
conformance with Section 11.3 of this Agreement. In the event of such modification or suspension
pursuant to Section 4.2.3, only, this Agreement shall remain in full force and effect to the extent that
performance of the remaining provisions would not materially and adversely affect the economic
feasibility of the Project. In the event that upon such modification or suspension pursuant to Section
4.2.3, only, the performance of the remaining provisions would materially adversely affect the
economic feasibility of the Project, this Agreement shall be deemed terminated.
4.2.4 Public Health and afety: Rules, regulations and official policies which are
adopted by City, which may be in conflict with the Existing Rules and the application of which to
the development of the Property is reasonably necessary in order to protect the public health and
safety shall apply to the development of the Property subject to the provisions of Section 3.6.
4.2.5 Future Discretionary Reviews: City shall retain its discretionary powers in
reviewing applications for future Development Approvals not yet granted as of the Effective Date,
provided that the reviews be applied in a manner that is consistent with this Agreement and the
Existing Rules and provided future discretionary approvals or conditions do not conflict with the
development of the Project or the land uses, densities or intensities of use, or other matters permitted
by this Agreement. Except as provided herein, future discretionary approvals, including, but not
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limited to, tentative and parcel map approvals, plot plans and plan development approvals, shall be
consistent with the existing rules and the goals identified in applicable plans, City ordinances,
resolutions and policies regulating the use of land in effect on the Effective Date. City shall not
impose conditions upon future discretionary reviews or approvals which conflict with this
Agreement.
City may, in accordance with the limitations contained in Public Resources Code
Section 21166 and as may be authorized by the Existing Rules, conduct an environmental review
of future discretionary approvals in connection with the development of the Project and/or the Public
Improvements. The City may, as a result of such review and as may be authorized by law pursuant
to such Section 21166 and Sections 21002 and 21081(a), impose additional mitigation measures to
mitigate significant adverse environmental effects. The City may exercise its discretion to use other
means of avoiding redundancy in the preparation of environmental documents including, but not
limited to, the use of an addendum to any pre-existing environmental impact report (CEQA
Guideline Section 15162(b)); reliance upon an earlier project environmental impact report (CEQA
Guideline Section 15153(a)); and/or use of a tiering process (Public Resources Code Sections
21093(b) and 21068.5).
4.2.6 Full Extent of Law: The Parties acknowledge and agree that City is restricted
in its authority to limit its police power by contract and that the foregoing limitations, reservations
and exceptions are intended to reserve to City all of its police power which cannot be so limited.
Notwithstanding the foregoing, this Agreement shall be construed, contrary to its stated terms if
necessary, to reserve to City WI such power and authority which cannot be restricted by contract.
4.3 Assurances-to-DeveloverRemding
4.3.1 Adoption of General Plan and Prel'mi= DeveloRm nr Plane Further
Approvals and CFQA ComF nc e: In preparing and/or adopting the General Plan and this
Development Agreement, City considered the health, safety and welfare of the existing and future
residents and populations of City and prepared in this regard, the General Plan EIR No. 91122013,
dated October 16, 1992, State Clearinghouse No. 91122013, as well as traffic impact reports and
other studies.
City and Developer agree that EIR which is designated EA No. 97-337 and the
obligations of Developer under this Agreement to incorporate mitigation measures as part of the
Project constitute full and complete mitigation of any identified adverse environmental impacts
generated by the Project. City and Developer acknowledge that further environmental studies,
analyses, reports and documents may be required in connection with future Development Approvals
as provided in Section. 4.2.5. It is acknowledged that this Agreement provides assurances to
Developer with respect to the Existing Rules which will apply to the development of the Property
and that prior to and as a condition precedent to construction of any portion of the Project or Public
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Improvements, all government permits and approvals shall be obtained as required by the Existing
Rules and the rules and regulations adopted, in accordance with and as provided in Section 4.2, and
all environmental studies, analysis, reports and other documents shall be prepared and completed
therefor in full and strict compliance with CEQA and other applicable regulations.
WIN
a. Citv Findings and Determinations: As a condition precedent to
adopting any rule, regulation or official policy or taking any action requiring the action or approval
of the City Council which would be applicable to the Project pursuant to the provisions of Section
4.2 and which is in conflict with the Existing Rules, after providing Developer with ten (10) business
days notice prior to the hearing and an opportunity to be heard, City shall make specific findings and
determinations as to the basis for applying such rules, regulations or official policies to the
development of the Property -in accordance with Section 4.2.
b. Developer's Burden of Proof: As a condition precedent to any claim
by Developer that a proposed rule, regulation or official policy does not comply with the
Reservations of Authority and, therefore, cannot be applied to and govern the development of the
Property (whether in a judicial proceeding or otherwise), Developer shall, provided that Developer
has received notice as provided pursuant to Section 4.3.2(a), raise the claim no later than the time
at which application of the proposed rule, regulation or official policy is considered and shall present
all information then in its possession upon which it shall rely or present in any judicial proceeding,
including, but not limited to, information regarding Developer's reasonable economic expectations
with respect to the completion of the Project in accordance with the Existing Rules taking into
consideration technical, financing, market and other factors and, in addition, shall provide at such
time any further information regarding Developer's economic expectations reasonably requested by
City. In the event that the proposed rule, regulation or official policy is of a kind that is not heard
by or appealable to the City Council and provided that Developer is given reasonable prior written
notice, as a condition precedent to any such claim, Developer shall raise the claim and provide the
above information as a protest to the agent or representative of City promulgating or applying the.
proposed regulation or official policy..
4.4 VestedRhzhts: Developer is provided and assured the vested right to develop the
Property in accordance with the terms of this Agreement and, subject to the provisions of Section
4.2, to require that the rules, regulations and official policies of City applicable to and governing the
development approval process relating to the Project during the term hereof shall be as provided in
Section 4.1. -
4.5 Referenda and Moratorium: It is the express intent of City and Developer that as of
the date of this Agreement, this Agreement is a legally binding contract which shall, to the extent
permitted by law, prevail over the provisions of any subsequently enacted moratorium, statute,
ordinance, limitation, or other measure, whether or not enacted by City, or by voter initiative or
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referendum, and whether or not such initiative, moratorium, referendum, statute, ordinance,
limitation, or other measure relates, in whole or in part, to the rate, timing, sequencing, or phasing
of the development or construction of all or part of the Project or the Public Improvements or
affecting parcel or subdivision maps, building permits, occupancy certificates, or other entitlements
to use the Property which are issued by City, subject only to the Reservations of Authority provided
in Section 4.2 and the terms of this Agreement.
In the event an initiative measure is enacted subsequent to the effective date of this
Development Agreement that would otherwise modify the development rights vested pursuant to this
Development Agreement, Developer reserves the right to challenge any such initiative measure in
a court of law should it become necessary to protect the development rights vested in the Developer
pursuant to the terms and conditions of this Development Agreement. Should an initiative measure
or measures be enacted which would preclude construction of all development, or be construed, by
a court of competent jurisdiction, to invalidate or prevail over all or any part of this Development
Agreement, Developer shall have no recourse against City for any damage Developer might sustain
as a result thereof, except City shall provide for an equitable program to reimburse Developer for
unused fees and for an equitable reimbursement for Public Improvements or fees theretofore made
but not required by the extent of development as of the date of the enactment of such initiative.
5. DEVELOPMENT OF THE PROPERTY:
5.1. PermittedUses: Except as provided herein, the Property shall be used and developed
only .for a future auto dealership, commercial/retail, entertainment and restaurant uses, parking and
municipal purposes as described in Exhibit "A" (the "Project Site") and more particularly set forth
in the Specific Plan () and Conditional Use Permit (Exhibit "E") submitted by Developer which have
received review by the appropriate committees and commissions and been approved by the City
Council. The Property may also be used and developed as additionally authorized by the Specific
Plan, Conditional Use Permit and other Development Approvals governing the development of the
Property, including without limitation, tentative/final subdivision maps, permits or ordinances
prepared as part of the development approval process as required by the Existing Rules and by.
amendments, if any, hereafter entered into in accordance with Section 3.4 relating to the amendment
of this Agreement.
Phase I Buildings: Phase I consists of up to 5 auto dealership structures of
approximately 150,000 square feet.
Phase II B it in¢c: Phase11 will consist up to 125,000 square feet utilized in one of
the following ways (a) 4 auto dealership structures; or (b) a combination of auto dealer structures and
auto related commercial buildings not to exceed two commercial uses. The structures in Phase I and
Phase II will total a maximum of 275,000 square feet.
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Phase III Buildings: Phase III consists of structures as shown on Exhibit A-2 totaling
approximately 400,000 square feet for the following uses: commercial, retail, office, restaurant,
recreation, entertainment and other uses related to all of the foregoing. Office structures shall not
exceed 100,000 square feet.
5.3 Permitted Density. Height and Size of Development: The maximum density or level
of intensity, height and size of the buildings to be constructed on the Property shall be governed by
this Agreement and by Development Approvals or other regulatory devices subject to the limitations
set forth in Table 1 herein below. The Phase I, II and III buildings shall be constructed on the
Property as designated on the Project Site (Exhibits "A-1 and A-2"). The gross floor area of each
of the additional commercial buildings to be constructed on the Property shall be subject to a
permitted variation of ten percent (10%).
5.3.1 Site Development Requirements WUch Exceed Standard Develop
ment
Requirement. Certain requirements for this Project exceed the City 's standard development
requirements including but not limited to: The overall Project shall be less dense than the General
Plan would allow and shall insure that the visual corridors of Highway I I I will be preserved by
lowering the maximum heights of some of the structures.
Maximum FAR Phase III .25
Maximum FAR Phase I and II .15
18] In addition, the Project includes full width median improvements to Highway 111. [overall
5.4.1 Phyg of Construction: The Project shall be developed in three (3) phases.
Phase I shall consist of up to five (5) auto dealer pads, and Phase II shall consist of up to four (4)
auto dealer pads and/or auto related commercial uses. The total square footage in Phase I shall be
approximately 150,000 square feet and the total square footage in Phase II shall be approximately
125,000 square feet.
Developer shall construct or contribute to the construction of the Public Improvements
connected with Phase I and Phase II as set forth in Exhibit "C" and in accordance with the Developer
Lease Agreement (Exhibit "C"), Specific Plan () and the terms of this Agreement prior to the
occupancy of the first building in Phase I and Phase II, except to the extent that another time for the
performance of such condition is explicitly set forth in this Agreement. Failure to comply with such
conditions precedent to Phase I and Phase II pursuant hereto prior to the occupancy of the first
building on the Project Site shall constitute a default of this Agreement by Developer.
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J
Phase III of the Project shall consist of commercial/retail/entertainment buildings
(including some restaurant use) and associated parking as designated in Exhibit "A-2". Phase III
shall have a total of approximately 400,000 square feet of commercial use .building. It is expected
that Phase III will be initiated in approximately the year 2000.
5.4.2. Devglonet: Developer agrees to exercise due diligence and submit to City
applications for all such necessary permits and approvals in accordance with applicable City
procedures and Existing Rules.
5.4.3 may: City hereby agrees that it will accept from Developer for processing and
review all applications for Development Approvals for the use of the Property in accordance with
this Agreement, providing that said applications are submitted in accordance with this Agreement
and the Existing Rules.
5.4.4 Completion of Project: Developer agrees to diligently prosecute to
completion the construction of the Project and to complete construction of Phase I and Phase II and
to commence construction of the last building in Phase III within the term of this Agreement subject
to any such extensions as may hereafter become applicable in accordance with the provisions of this
Agreement. Improvements scheduling, dates, or times of performance by either Party hereto may
be subject to revision from time to time due to factors which cannot be predicted and which are not
within the control of the Parties, such as economic market conditions and demand, interest rates and
competition. Any such revision must be mutually agreed to by the Parties in writing referencing this
Section 5.4.4 and in recordable form. Such revisions are deemed to be within the framework of this
Agreement as presently drafted and executed and do not constitute amendments requiring new notice
and hearing under local law.
6. PUBLIC IMPROVEMENTS DEVELOPMENT
6.1 Public Improvement -Facilities and ervices: In addition to performing any other
obligations imposed as conditions of approval of the Development Approvals, which -obligations are
incorporated herein by this reference, as material consideration for the City's entering into this
Development Agreement, the Developer and its successors and assigns shall be financially
responsible for and shall construct or shall contribute toward the construction of the Public
Improvements as set forth in more particularity in the Developer Lease Agreement (Exhibit "C") and
the terms of this Agreement and shall pay all fees required in connection with the development of
the Project. The parties recognize that much of the Public Improvements to be constructed by the
Developer pursuant to this Agreement and the Developer Lease Agreement including improvements
to Highway I I I and Adams Street are of significant benefit to the City as a whole and their early
completion pursuant to this Project would not be possible without assistance by the City pursuant
to the terms of the Developer Lease Agreement ("Exhibit "C").
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The Developer shall provide the Public Improvements and pay all fees and other
amounts the payment of which is provided for pursuant to this Agreement in conformity with the
timing for development of the Public Improvements set forth in this Agreement, and the Developer
Lease Agreement; such performance shall be required so long as this Agreement remains in effect
without regard to whether the Developer is timely implementing the development of Project pursuant
to this Agreement. Where this Agreement provides for the provision of Public Improvements by the
Developer, the Developer may with the consent of the City Director of Public Works, discharge its
obligation(s) to provide such Public Improvements by paying to the City an amount determined in
good faith by the City Director of Public Works to represent the cost to provide such Public
Improvements (including without limitation all construction costs, costs to design such
Improvements, and costs for any property necessary for the completion of such Improvements, if
applicable). Where this Agreement sets forth a specific time for the provision of Public
Improvements or the payment of fees or other amounts, the Developer shall strictly comply with such
requirements. Where a Public Improvement fee, or other amount is required pursuant to Existing
Rules and the terms of this Agreement to be paid at the time of issuance of building permits and a
specific date is not set forth in this Agreement for the provision of such Public Improvements or
payment of such fees or amounts, the Public Improvement, fee, or other amount shall be required
to be provided at the time building permits are issued for the structure.
6.2 Reservation and Dedications of Laud: Reservations or dedications of portions of the
Property may from time to time, be required by the City in accordance with or as a part of
subdivision map approvals, traffic and other required studies and/or environmental review. All
reservations and dedications shall be without cost to the City and are to be imposed in accordance
with this Agreement, the Developer Lease Agreement and the Existing Rules.
6.3 Focused Traffic Sg&: [this section reserved]
6.4 Payment of Fees: Developer agrees to pay all standard City-wide fees established in
the Existing Rules and subject to Section 4.2.2, including without limitation, processing fees for
building permits, administrative plan check and other similar fees associated with the development
of the Project. The fees and other amounts shall be paid to City by Developer or its successors or
assigns, at the time required in accordance with this Agreement and Existing Rules. Developer's
obligation to pay such fees is separate and distinct from its obligation to construct or contribute
toward the construction of the Public Improvements as specified in Exhibit "C"; in no event shall
the payment of fees by the Developer pursuant to this Agreement be deemed to reduce or otherwise
affect its obligation to finance, design and construct the Public Improvements, or contribute toward
the provision thereof, as required by the terms of this Agreement.
6.4.1 Transportation System Improvement Program (TSIP):
[This section reserved]
6.4.2 Fire Protection Facilities:
[This section reserved]
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6.4.3 Capital Facilities:
[This section reserved]
6.4.4 Shortfall Fee:
[This section reserved]
7. TAXES, ASSESSMENTS, ENCUMBRANCES AND LIENS:
7.1 Taxes. Assessments Encumbrances and Liens: The Developer shall pay when due
all real and personal property taxes and assessments assessed and levied on the Property and any
improvements thereon. Nothing herein contained shall be deemed to prohibit the Developer from
contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the
remedies available to the Developer in respect thereto.
8. INSURANCE
8.1 Imo: Before commencing work pursuant to any City approved permit on the
Project, Developer shall obtain the insurance required pursuant to this Section and receive the
approval of the City as to form, amount and carrier. Developer shall maintain the insurance at all
times during the term of this Agreement. The insurance as provided by the Developer and by each
contractor and subcontractor performing work on the Project shall be primary and not contributing
with any coverage maintained by City and shall name City and its elective and appointive boards,
commissions, officers, agents, employees and representatives as additional insureds.
8.1.1 ComRcnsation Insurance: Developer shall maintain workers' compensation
insurance for all.persons employed at the site of the Project. Developer shall require each contractor
and subcontractor similarly to provide workers' compensation insurance for their respective
employees. Developer's failure to take out and maintain such insurance.
8.1.2 Public Liability and Property Damage Insurance: Developer shall maintain
public liability insurance in an amount not less than Two Million Dollars ($2,000,000) for injuries
(including death) to any one (1) person and subject to the same limit of any one (1) occurrence.
8.2 Evidence of Insurance: Developer shall furnish City prior to the issuance of the first
building permit for the Project satisfactory evidence of the insurance required. Developer shall also
provide evidence that the carrier is required to give City at least ten (10) days prior written notice
of the cancellation or reduction in coverage of a policy.
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9. ANNUAL REVIEW:
9.1 City and Developer Responsibilities: City shall, at least every twelve (12) months
during the term of this Agreement, review the extent of good faith substantial compliance by
Developer with the terms of this Agreement. Pursuant to Government Code Section 65865.1 and
La Quinta Municipal Code Section 9.250.030, Developer shall have the duty to demonstrate its good
faith compliance with the terms of this Agreement at such annual review. Developer agrees to
furnish such evidence of good faith compliance as City in the exercise of its discretion may require
and shall notify City in writing that such evidence is being submitted pursuant to the requirements
of this Section 9.1. Such evidence shall be submitted to City by Developer not less than forty-five
(45) days nor more than sixty (60) days prior to the anniversary of the recordation date of this
Agreement. Developer shall pay to City a reasonable processing fee in an amount as the City may
from time to time establish (on a citywide or area wide basis) on each occasion that Developer
submits evidence for an annual review.
Either Party may address any requirements of this Agreement during the annual review.
However, ten 0 0) business days' written notice of any requirement to be addressed shall be made
by the requesting Party. If attime of review an issue not previously identified in writing is required
to be addressed, the review at the request of either Party shall be continued to afford sufficient time
for analysis and preparation.
9.2 Information to be Provided By Develo2g;: City shall deliver to Developer, in
accordance with the provisions of this Agreement, a copy of staff reports and exhibits thereto
concerning contract performance a minimum of ten (10) business days prior to any such review or
action upon this Agreement by the Planning Commission or the City Council.
9.3 Findings: Within forty-five (45) days after the submission.of Developer's evidence,
the City Council shall determine on the basis of substantial evidence, whether or not Developer has,
for the period under review, complied in good faith with the terms and conditions of this
Development Agreement. If the City Council finds that Developer has so complied, the review for
that period shall be deemed concluded. If the City Council fords and determines, on the basis of
substantial evidence, that Developer has not complied in good faith with the terms and conditions
of this Development Agreement for the period under review, Developer shall be given at least sixty
(60) days to cure such noncompliance and if the actions required to cure such noncompliance take
more than sixty (60) days, then City shall give Developer additional time provided that Developer
is diligently proceeding to cure such noncompliance and is making reasonable progress towards such
end. If during the cure period Developer fails to cure such noncompliance or is not making
reasonable process toward such end, then Developer shall, upon written notice from City, be deemed
in default and the City Council may, at its discretion, proceed to terminate this Development
Agreement (which will be effective immediately or, if the City elects, upon failure of the Developer
to satisfy such additional requirements as the City may, at its discretion, impose) or establish a time
schedule for compliance.
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9.4 Failure of Annual Review: City's failure to review at least annually Developer's
compliance with the terms and conditions of this Agreement shall not constitute or be asserted by
either Party as a breach by the other Party of this Agreement.
9.5 Periodic Review/ProSresReports: In addition to the annual review set forth in
Section 9.1 herein, City Manager of City or the City Council may at any time initiate a review of this
Development Agreement and of the progress of construction upon the giving of written notice
thereof to Developer. Within sixty (60) days following deliver of such notice in accordance with this
Agreement, Developer shall submit a progress report in such detail as City reasonably requests,
including evidence to the City Council of Developer's good faith compliance with this Development
Agreement. Such periodic review and determination shall proceed in the manner as otherwise
provided in Section 9 of this Agreement.
10. ESTOPPEL CERTIFICATES:
10.1 Estoppel Certificates: Either Party may at any time, and from time to time, deliver
written notice to the other Party requesting the other Party certify in writing that to the knowledge
of the certifying Party:
(a) This Agreement is in full force and effect and is a binding obligation of the certifying
Party.
(b) This Agreement has not been amended or modified and, if so amended, to identify
the amendments.
(c) No default in the performance of the requesting Party's obligations under this
Agreement exist or, if in default, the nature and amount of any default.
(d) Upon completion of the Project and the Public Improvements in accordance with the
terms of this Agreement and the Developer Lease Agreement, that performance of this Agreement
is complete and the obligations hereunder have been satisfied.
A Party receiving a request hereunder shall execute and return the certificate within thirty
(30) days following receipt thereof provided, however, that the Party shall use its best efforts to
execute and return such certificate as soon as possible in the event that the requesting Party indicates
that such certificates are required in less than thirty (30) days. The City Manager shall have the right
to execute any certificates requested. by Developer on behalf of City.
1 1. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION:
11.1 General Provisions: In the event of default or breach of this Agreement or of any of
its terms or conditions, the Party alleging such default or breach shall give the breaching Party not
less than thirty (30) days Notice of Default in writing which shall be delivered as provided in this
devagm2 25
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Agreement for giving notice. The time of notice shall be measured from the date notice is given
pursuant to this Agreement. 'The Notice of Default shall specify the nature of the alleged default,
and, where appropriate, the manner in which said default may be satisfactorily cured. The breaching
Party shall be given at least thirty (30) days to cure such default and if the action required to cure
such default take more than thirty (30) days, then the Party alleging such default shall give the
defaulting party additional time provided that the defaulting Party is diligently proceeding to cure
such default and is making reasonable progress towards such end. The times to cure set forth in this
Section 11.1 shall not extend such times to cure as may become applicable pursuant to Section 9.3
of this Agreement. During any period of curing wherein the defaulting party is diligently proceeding
to cure such default and is making reasonable progress toward such end, the Party charged shall not
be considered in default for the purposes of termination or institution of legal proceedings. If the
default is cured, then no default shall exist and the noticing Party shall take no further action.
11.1.1 Option to Institute Legal Proceedings or to Te inate: After proper notice
and the expiration of said cure period, the noticing Party to this Agreement, at its option, may
institute legal proceedings pursuant to Section 11.3 or give Notice of Intent to. Terminate this
Agreement pursuant to Government Code Section 65868. Following Notice of Intent to Terminate,
the matter shall then be scheduled for consideration and review by the City Council, within thirty
(30) days, in the manner set forth in Government Code Sections 65865, 65867 and 65868.
11.1.2 Notice of Termination: Following consideration of the evidence presented
before the City Council, either Party alleging a default by the other Party may, at its option, give
written Notice of Termination of this Agreement to the other Party in accordance with the notice
provisions of this Agreement. Such Notice of Termination shall be effective, unless superseded or
overruled by the ruling of a court of competent jurisdiction, upon delivery of the written Notice of
Termination of this Agreement in accordance with the provisions of this Agreement, to the
defaulting Party; provided that either Party may seek review by a court of competent jurisdiction of
any purported termination.
11.1.3 Waiver: Failure or delay in giving Notice of Default pursuant to this Section
11.1.3 shall not constitute a waiver of any default. Except as otherwise expressly provided in this
Agreement, any failure or delay by the other Party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies or deprive such
Party of its right to institute and maintain any actions or proceedings which it may deem necessary
to protect, assert or enforce any such rights or remedies.
11.2 Enforced Delay Extension of Time of Performance: In addition to specific
provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in
default where delays or defaults are due to war, insurrection, strikes, walk -outs, riots, floods,
earthquakes,. fires, casualties, acts of God, governmental restrictions imposed or mandated by
governmental entitles other than City which conflict with the terms of this Agreement, enactment
of conflicting state or federal laws or regulations, new or supplementary environmental regulations
or litigation. No extension of time to perform shall be applicable unless and until a party gives
devagm2 26
�.319682
written notice to the other party specifying the grounds on which this Section 11.2 is claimed to be
applicable and referring to this Section 11.2. If written notice of such delay is given to the other
party within thirty (30) days of the commencement of such delay, and such grounds of enforced delay
exist, an extension of time for such cause shall be granted in writing for the period of the enforced
delay, or longer as may be mutually agreed upon. Such an extension shall commence to run from
the time of commencement of the cause for the delay and/or from the date- notice of delay is given
to the other party if the parties are unable to agree upon the date of the commencement of the cause
for delay.
11.3 Institution of Legal Action- The legal or equitable actions described in Sections 11.4
and 11.5 must be instituted in the Superior Court of the County of Riverside, State of California, or
in the Federal District Court in the Central District of California. The exercise of any one or more
of the remedies described in Sections 11.4 and 11.5 shall not constitute a waiver or election with
respect to any other available remedy.
11.4 Remedies Available to DeveloCr: It is acknowledged by the Parties that City would
not have entered into this Agreement if it were to be liable in damages under or with respect to this
Agreement or the application thereof.
a. City Not Liable for Damages. City shall not be liable in damages to
Developer, or to any assignee, transferee of Developer or any other person, and Developer covenants
not to sue for or claim any damages, for:
(i) any breach of, or breach which arises out of, this Agreement;
(ii) the taking, impairment or restriction of any right or interest conveyed
or provided hereunder or pursuant hereto; or
(iii) arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this Agreement; provided,
however, that the foregoing does not limit the liability of City, if any, for damages which:
(1)
are not for a breach of this Agreement or which do not arise under
this Agreement;
(2) are not with respect to any right or interest conveyed or provided
hereunder or pursuant hereto; and
(3) do not arise out of or which are not connected with any dispute,
controversy or issue regarding the application, interpretation or effect of the
provisions of this Agreement, City's rules, regulations or official policies.
devagm2 27
31g6Bz
Without limiting the generality of the foregoing items (iii)(1) through (3), and as an
example, in the event City refuses to issue building permits under and in accordance with a Vesting
Tentative Map issued by City, Developer would be entitled to whatever remedies at law or in equity
which are available, including, if available under law, the right to monetary damages.
b. Specific Performance Remedy. Due to the size, nature and scope of the
Project, it will not be practical or possible to restore the Property to its pre-existing condition once
implementation of this Development Agreement has begun. After such implementation, Developer
may be foreclosed from other choices it may have had to utilize the Property and provide for other
benefits. For this reason, City and Developer agree that if City fails to carry out its obligations under
this Development Agreement, Developer shall be entitled to the remedy of specific performance of
this Development Agreement. City and Developer acknowledge that if Developer fails to carry out
its obligations under this Development Agreement, City shall have the right to refuse to issue any
permits or other Development Approvals which Developer would otherwise have been entitled to
pursuant to this Development Agreement.
11.5 Remedies Available to City. In addition to City's rights described in Sections 3.6,
4.2.3 and 9, City may pursue any remedy at law or equity available in accordance with the Existing
Rules for the breach of this Agreement or of the Development Approvals by Developer. Termination
of this Agreement shall in no way affect or modify the conditions of the Development Approvals
which shall continue to be enforceable to the fullest extent allowable by law or equity.
12. ENCUMBRANCES AND RELEASES ON REAL PROPERTY:
12.1 Discretion to Encumber: The Parties hereto agree that this Agreement shall not
prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the
Property or any portion of any improvement thereon by any mortgage, deed of trust or other security
device securing financing with respect to the Property. Entering into or a default or breach of this
Development Agreement shall not defeat, render invalid, diminish, or impair the lien of any
mortgage on the Property made in good faith and for value, unless otherwise required by law. City
acknowledges that the lenders providing such financing may require certain modifications and City
agrees, upon request, from time to time, to meet with. Developer and/or representatives of such
lenders to negotiate in good faith any such request for modification. City further agrees that it will
not unreasonably withhold its consent to any such requested modification so long as the
modifications do not materially alter this Agreement.
12.2 Entitlement to Written Notice of Default: The mortgagee of a mortgage or
beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust
encumbering the Property, or any part thereof, which mortgagee, beneficiary, successor or assign has
requested notice in writing received by City, shall be entitled to receive written notification from City
of any notice of default by Developer in the performance of Developer's obligation under this
Agreement.
devagm2 28
329682
12.3 Prom Subject to Pro Rata CI imc: Any mortgagee, beneficiary or purchaser
therefrom who comes into possession of the Property, or any part thereof, pursuant to foreclosure
of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part
thereof, subject to any pro rats claims for payments or charges against the Property, or part thereof
secured by such mortgage which accrue prior to the time such mortgagee comes into possession of
the Property, or part thereof.
13.1 Rules of Construction: The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, and "may" is permissive.
Any reference to any Section of this Agreement cited without a decimal includes all sections
following the cited section. For example, a reference to Section 6 includes 6.1, 6.2, 6.3, 6.4, 6.4.1,
et seq.
If there is more than one (1) signer of this Agreement, their obligations are joint and several.
13.2 No Third Party Beneficiarie : This Development Agreement is made and entered into
for the sole protection and benefit of the parties and their successors and assigns. Except as provided
in Sections 5.4.1 and 7.2, no other person shall have any right to action based upon any provisions
in this Development Agreement.
13.3 Third Party Fees/Administrative Costs: ['Phis section reserved]
13.4 PPr ject is a Private Undertaking: It is specifically understood and agreed to by and
between the Parties hereto that: (1) the Project is a private development; (2) the City makes no
representations or warranties concerning the Project or its feasibility; (3) City has no interest or
responsibilities for or duties to third parties concerning any Public Improvements until such time and .
only until such time that City accepts the same pursuant to the provisions of this Agreement or in
connection with the various Development Approvals pursuant to the Developer Lease. Agreement;
(4) Developer shall have fulk power over and exclusive control of the Property subject only to the
limitations and obligations of Developer under this Agreement; (5) Developer shall not seek, and
shall not be granted, any assistance by the La Quinta Redevelopment Agency; and (6) the contractual
relationship between City and Developer is such that Developer is an independent contractor and not
an agent of City.
13.5 Incorporation of Recitals:
Agreement.
The recitals are specifically incorporated into this
devagm2 29
319682.
13.6 Restrictions: The Developer shall cause to be placed in any agreements to sell or
convey any interest in the Property or any portion thereof, provisions making the terms of this
Development Agreement binding on any successors in interest of Developer an express provision
for Developer or City, acting separately or jointly, to enforce the provisions of this Development
Agreement.
13.7 Recording: The City Clerk shall cause a copy of this Agreement to be recorded with
the Office of the County Recorder of Riverside County, California within 10 (ten) days following
the Effective Date of this Agreement.
13.8 SeverabilitX. If any provision of this Development Agreement shall be adjudged to
be invalid, void, or unenforceable, such provision shall in no way affect, impair, or invalidate any
other provision hereof, unless such judgment affects a material part of this Development Agreement.
The Parties hereby agree that they would have entered into the remaining portions of this
Development Agreement not adjudged to be invalid, void, or illegal. Notwithstanding any other
provisions of this Development Agreement, in the event that any material provision of this
Development Agreement is found to be unenforceable, void or voidable, Developer or City may
terminate this Development Agreement.
13.9 Entire Agreement. Waivers and Amendments: This Agreement constitutes the entire
understanding and agreement of the Parties. This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous
agreements between the Parties with respect to all or any part of the subject matter hereof. All
waivers of the provisions of this Agreement must be in writing and signed by the appropriate
authorities of City or of Developer.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the day and
year first above written, as authorized by Ordinance No. 36G of the City Council.
CITY OF LA QUINTA, a charter city
Y
RON PERKINS, Mayor
City of La Quinta, California
devagm2
a
319682
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
STAMKO DEVELOPMENT
Trustee
devagm2
CO.,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
319682
No. 5907
State of California
County of Riverside
On August 13, 1997 before me, Regenia Hensley, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC -
personally appeared Ron Perkins, Dawn C. Honeywell & Saundra L. Juhola
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) "/are
subscribed to the within instrument and ac-
knowledged to me that #alef(s>koe/they executed
the same in their authorized
capacity(ies), and that by lea/their
signature(s) on the instrument the person(s),
OFFICIAL SEAL or the entity upon behalf of which the
'+ REGENIA HENSLEY
G COMM. #1107891 person(s) acted, executed the instrument.
Notary Public - California
RIVERSIDE COUNTY
My Commission Ex ires
AUGUST 71 zc�00 WITNESS my hand and official seal.
SIGNATURE OF NOTARY
miiiiiiiiiiiim OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
City Government
Mayor Pro Tam, City Attorney C ty Clerk
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: City of La Quinta
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
City of La Quinta
DESCRIPTION OF ATTACHED DOCUMENT
Development Agreement
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
July 15, 1997
DATE OF DOCUMENT
Stamko Development/Laura Catherine
SIGNER(S) OTHER THAN NAMED ABOVE
Juvonen
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.; P.O: Box 7184 - Canoga Park, CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 319GS2 No.59o7
CountyState of
of Z-0
On A6XIT /5- �qT before me, k�4, 4-OIWAIA& /r eW
DATE f NAME, TITLE OF OFFICER - E.G., "JAN OE, NOTARY LIBLIC"
personally appeared K1,4,,�th�T
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(,p whose name(A)bare
subscribed to the within instrument and ac-
knowledged to me that h sh hey executed
the same in his their authorized
capacity(i4), and that by hisolgYtheir
signature(* on the instrument the person*,
or the entity upon behalf of which the
Admmn%LOMN RHEA CHAP"
t,;P7;1Z311, # m7,90 person"-- acted, executed the instrument.
irNotary Pudfo—Cdbnft
kv CowL EVhs DW I& IN WITNESS my hand and official seal.
■ OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
4�'��i[7J`�
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
�n� a /S- 19 5�%
DATE OF DOCUMENT
i
& itl ZA�,�� AZZ)4; C�t� AA.
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
W,;
+ ,.
� ��, 4 � F_
�{ �r i Cry y� �� C
�s� �, �. ... S
i�r
329682
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No.5907
State of
County of,
On before me,
DATE NAME, TITLE OF OFFICER - E.G.., "JAME pIOE, NOTARY PUBLIC"
personally appeared c� �P�� iPriH->o� C__4la !7 r- ,
NAME(S) OF SIGNER(S)
❑ personally known to me - OR - E proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
pL OF p YLIE *0
///YYYTfff...' Comrrte�dEk •. TRICI.�. ���ii
3 ®® NOTARY 'f -er,u a WITNESS m and official seal.
NOTARY Pl - G.+;�CZMJI � Y
a - ScD:go1-13
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
LJ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
21yTRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCU NT
Z9
NUMBER OF PAGES
% /S ! / .5-/G.4
DATE OF DOCUMENT/
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
I
I
I'
wn: iil = IFHIHf�H i�-l{IN!Ii�lll'iNl•1'�N' Illil
r AMeo M WALL
STAMKO DEVELOPMENT
Main ero, Sift and A"oc
Weker/Ru cowl + Aaoc.
Ardiociw*
UWWW;.q ArcMeckwo
5
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r LVA" Y WALL
EXHIBIT A-1
SITE PLAN
PHASE I AND II
� r r
SPECIFIC PLAN
TM C80M AT LA OUMITA
Phase I and II
81M 1
W
403 Acre*
Okim arm
40.000 8L
35 FL
8102
aV Acres
22.000 81.
35 FL
Ws 3
404 AcrN
V.e00 sL
35 Ft
8M 4
427 Acres
30.000 81.
36 Ft
ones
5= Acres
3MM 81.
35 FL
8M 9
307 Awes
A000 81.
35 Ft
8M 7
322 Acres
3A900 81.
35 FL
8M $
310 Acres
nw00 8L
35 Ft
8M 9
121 Acres
30.000 81.
35 FL
STAWO DEMLOPWW
Mat WO. &FA end Assoc.
FUri gMrQrwutnp
W9ksr/ftMOU l + Assoc.
ArdMscbr*
HWWrwffiwWdscn Assoc.
Lu droaq ArclM.c*ro
6
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it
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EXHIBIT B
LEGAL DESCRIPTION
PROJECT SITE
319682
PAGE 1
IN THE CITY OF LA QUINTA. COUNTY ORIVERSIDE,ESTATE
SOUTHERLY OF STATE
THAT PORTION OF THE NORTHWEST
HIGHWAY 111 AND THE SOUTHWEST
T LOOF WS SECTION 29, TOWNSHIP 5
SOUTH, RANGE 7 EAST, 5.8.M., DESCRIBED AS
FOLCOMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE -QUARTER OF
SECTION 2%
THENCE NORTH 000 217 or WEST ALONG THE WESTERLY LINE OF All SOUTHWEST
ONE-QUARTER A DISTANCE OF 1087.25 FEET TO E TRUE POINT
THENCE CONTINUING ALONG SAID WESTERLY LINE
CORNER OF SAID SOUTHWEST ONE -
QUARTER OF 1565.71 FEET TO THE NORTHWEST
QUARTER OF SECTION 29;
THENCE NORTH 00' 2G 08" WEST. ALONG THE WESTERLY UFEE,�NE To THEE BEGINNINGF THE ORTHWE R
ONE -QUARTER OR SECTION 29, A DISTANCE O
NONTANGENT CURVE. CONCAVE NORTHERLY,POINT SEARS SOUTH 19* 3r 07mWEST, SAID
RADIAL LINE PASSING THROUGH SAID PO
POINT BEING ON THE SOUTH LINE OF pSTATE GUST 23.1966� INSTRUMENT NO -
STATE OF CALIFORNIA BY DEED RECORDED
92039. OFFICIAL RECORDS;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG I� NCAg OOF F S 03
CURVE THROUGH A CENTRAL ANGLE OF 11.63 09", AN ARC 0
FEET;
THENCE CONTINUING ALONG SAID SOUTHRRA DISTANCE AND
FEET TO THE
MENTIONED CURVE. To LAST
SOUTH a2 21 OZ" EAST
9EGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY. HAVING A RADIUS Of
5055.00 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND EASTERLY ALONG THE ARC
OF SAID CURVE. THROUGH A CENTRAL ANGLE G TMROUGH ,SAtC POINT BEARS m ARC DISTANCE OF
534.06 FEET TO A POINT, A RADIAL LINE PASSING
SOUTH 010 39 4W WEST, SAID POINT BEING ON THE WESTERLY LINE OF THE
EASTERLY 330.00 FEET OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST
ONE -QUARTER OF SAID SECTION 29; . %
319682
PAGE 2
PROJECT SITE LEGAL DESCRIPTION CONTINUED
THENCE PARALLEL WITH THE EASTERLY UNE OF THE SOUTHWEST ONE -QUARTER
OF SAID SECTION 29 AND NONTANGENT TO LAST MENTIONED CURVE, SOUTH 00' 17
55" EAST A DISTANCE OF 1311.87 FEET TO A POINT ON THE SOUTHERLY LINE OF THE
NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION
29;
THENCE NORTH 89' 51' 48" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF
330.01 FEET TO THE NORTHWEST CORNER OF THE EASTERLY 660.00 FEET OF THE
SOUTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION
29;
THENCE SOUTH 00' IT 55' EAST ALONG SAID WESTERLY LINE A DISTANCE OF 23915
FEET;
THENCE NORTH 69' 51' 38" WEST A DISTANCE OF 1987.25 FEET TO THE TRUE POINT
OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS OF RECORD.
COMPRISING $7.72 ACRES, MORE OR LESS.
Mae
• '�:�• EXHIBIT B TO EXHIBIT "A"
PLAT TO ACCOMPANY LEGAL DESCRIPTION OF SITE
r c� "lemur , ti O.R. r�soe°re to
I � /7g77
I FUTURE R/N T7.ls �n
I WN ISt
M
2w.00 S.W. t/2�. 20 ~
EXIfrW R/M
I EXIST R : si. Rio NMI Its 15. SAPE ZA384M I
Pal O.R. 08/74"7
30' PARCEL 8136
�• LLA 95-19e .
O.R. 95/251766 I I
FUTURE R/N
AOANS STREET _+ d
N'Lr t.LHE �N E•l�/1 o s o I
OF N.E. 1/ Of t
OF SEC. 29 .. I
EXIST. 30' R/N PER ~ J
O.R. 59/32M
: 9Z� 1
z
loft
36•12s
FUTURER/ I
Y+
Hrlr SSt
DETAIL O.R. st/to7ss
N t!'SIOfO•" 330.00
• • si i
6".61
N S9' li t'ts'N
! 300
I N ee• t]'e6'N
0 ao
O.R. Id/25f765 �
I
. N s�s1'�w 1907.2d
BASIS OF 9EARINiS IS THE CENNICINF OF AOANS Si.
,
SOUIN Or Oily AOE. 0EIM N W ZOO N' N PER
�
tD
TR. NAP N0. 2616% NO ?27/77-ft O.A.
AFAMMAV.SAUM o
SITE EXHIBIT
A PORTION OF THE M 1/2 OF SECTION 2% T 5 S. R 7 E. S.B.N.
»I ` a1NrM da: sois sN
SCALE i' - 900'
J.N. 1007
SHEET f OF i S1xT
319682
EXHIBIT "C"
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO )
AND MAIL TAX STATEMENTS TO:
City of La Quinta )
78-495 Calle Tampico )
La Quinta, California 92253 )
Attn: City Clerk )
(Space above for Recorder's Use)
DEVELOPER LEASE AGREEMENT
THIS DEVELOPER LEASE AGREEMENT ("Agreement") is entered into as of the
day of , 1997, by and among the City of La Quinta, a charter city ("City") and Stamko
Development Co., a California limited partnership ("Developer") with reference to the following:
RECITALS
A. WHEREAS, Developer is the fee owner of certain property located in the City
("Project Site"), which Project Site is described on Exhibit "A"attached hereto and depicted on
Exhibit "B" attached hereto; and
B. WHEREAS, in connection with the development of the Project, Developer intends
to dedicate and convey certain real property to the City for public facilities ("Dedicated Property"),
which Dedicated Property is described on Exhibit "C" attached hereto and depicted on Exhibit "D"
attached hereto; and
C. WHEREAS, the City currently owns certain right-of-way adjacent to the Project Site
("Existing Right -of -Way"), which Existing Right -of -Way is described on Exhibit "E" attached
hereto; and
D. WHEREAS, a portion of the Dedicated Property is intended to be used for future
right-of-way adjacent to the Project Site ("Future Right -of -Way"), which Future Right -of -Way is
depicted on Exhibit "F" attached hereto; and
E. WHEREAS, the City desires, subsequent to acquiring the Future Right -of -Way from
Developer, to lease the Future Right -of -Way and the Existing Right -of -Way, as depicted on Exhibit
"G" attached ("Public Property"), to Developer, for purposes of having Developer construct thereon
certain public facilities ("Public Facilities"), which Public Facilities are described on Exhibit "I"
attached hereto; and
319682
F. WHEREAS, Developer has agreed to construct the Public Facilities on the Public
Property, and then to sublease the Public Property and Public Facilities to the City pursuant to a
sublease ("Public Property Sublease"), for the benefit of the public and in furtherance of public
purposes of the City;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreement herein
contained, and other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, it is agreed as follows:
Section 1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall, for all
purposes of this Agreement, have the meanings herein specified.
(a) "Agreement" shall mean this Developer Lease Agreement.
(b) "Base Rental Payments" shall mean the rental payments payable by the City
to Developer pursuant to the Public Property Sublease, as described herein.
(c) "City" shall mean the City of La Quinta, California, a charter city of the first
receives Sales, and its successors and assigns.
(d) "Dedicated Property" shall mean that certain real property as described on
Exhibit "C" and depicted on Exhibit "D", which real property shall be conveyed by Developer to the
City pursuant to the terms of this Agreement.
partnership. (e) "Developer"" shall mean Stamko Development Co., a California limited
(f) "Existing Right -of -Way" shall mean the existing right-of-way currently owned
by the City, as described in recital paragraph D hereof.
(g) "Future Right -of -Way" shall mean that portion of the Dedicated Property to
be conveyed by the Developer to the City for future right-of-way, as described in recital paragraph
E. hereof.
(h) "Interest Component" shall have the meaning set forth in Section 7 hereof.
(i) "Lease Commencement Date" shall mean that date upon which the City
accepts Developer's dedication of the Future Right -of -Way.
0) "Leasehold Value" shall have the meaning set forth in Section 7 hereof.
(k) "Principal Component" shall have the meaning set forth in Section 7 hereof.
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(1) "Project" shall mean the commercial facility and related improvements
described in recital paragraph B- above.
(m) "Project Site" shall mean the real property described on Exhibit "A" and
depicted on Exhibit "B" attached hereto.
(n) "Public Facilities" shall mean the public facilities to be constructed by
Developer on the Public Property described on Exhibit "I" attached hereto.
(o) "Public Property" shall mean, collectively, the Future Right -of -Way and the
Existing Right -of -Way, as described herein.
(p) "Public Property Lease" shall mean the portion of this Agreement which
constitutes the lease of the Public Property by City, as lessor, to Developer, as lessee (see Section
3 below).
(q) "Public Property Sublease" shall mean the portion of this Agreement which
constitutes the sublease of the Public Property by Developer, as sublessor, to City, as sublessee (see
Section 5 below).
(r) "Rental Period" shall have the meaning set forth in Section 7(a)(2) hereof.
(s) "Sales and Use Tax" shall mean the 1% sales and use tax imposed and
received by the City under authority granted to the City pursuant to Section 7201 of the California
Revenue and Taxation Code.
(t) "Sales and Use Tax Revenues" shall mean any revenues collected by the City
pursuant to Sales and Use Tax as described above.
(u) "Sublease Commencement Date" shall mean that date upon which the City.
accepts the Public Facilities as being complete.
(v) "Term of this Agreement" shall mean that period of time commencing as of
the date of this Agreement and terminating as of the date of termination of the Public Property
Sublease.
Ciection 2. ConManceof . • ' • • . l
Developer shall conveyor cause to be conveyed to the City or its designee, and the City or
its designee shall accept conveyance of, the Dedicated Property, for public purposes, prior to
Developer's seeking building permits for the construction of any portion of the Project. Developer
covenants that prior to conveying the Dedicated Property to the City or its designee, and provided
that the City performs its obligations as set forth in Section 7 of this Agreement, Developer shall
own fee title to all of the Dedicated Property, and that such property shall be conveyed to the City
319s82
or its designee free and clear of all liens and encumbrances, except those approved in writing by the
City. Such conveyance of the Dedicated Property from Developer to the City or its designee shall
be deemed to be and is a condition precedent to the rights and obligations of the parties under the
terms of this Agreement, provided however, that such conveyance shall not be a condition precedent
to those obligations of the City under Section 7(b)(2) of this Agreement. Upon the Developer's
conveyance of the Dedicated Property to the City or its designee, this Agreement shall be recorded
in the Official Records of the City of La Quinta, California.
Section 3. Public Prosy Lease.
Effective upon the conveyance of the Dedicated Property to the City, or its designee, as
described above, the City (or its designee) hereby leases the Public Property (consisting of the Future
Right -of -Way and Existing Right -of -Way) to Developer and Developer leases the Public Property
from the City, or its -designee, on the terms and conditions set forth in this Agreement. Rent for the
entire term of the Public Property Lease shall be an advance payment by Developer to the City of
the sum of $1.00. The term of the Public Property Lease shall commence on the date that the City
or its designee accepts conveyance of the Dedicated Property and continue until the termination of
the Public Property Sublease, as described herein, and, upon termination of the Public Property
Sublease, the Public Property Lease shall likewise terminate.
Section 4. Construction of Public Facilities.
(a) Developer's Obligations. Developer shall finance and construct on the Public
Property all of the Public Facilities described on Exhibit "I" attached hereto. As shown on Exhibit
"I", the Public Facilities shall be constructed in two phases. The first phase shall be constructed
concurrently with the Phase I of the Project as defined in the Development Agreement between the
parties dated . The second phase of the public improvements as set out on Exhibit "I"
shall be constructed on the earlier of:
(1) The issuance of the first grading permit for any part of Phase III; or
(2) The issuance of the first building permit for Phase II; or
(3) The expiration of three (3) years following the recordation of the
Parcel Map 28525 in connection with the Project.
Notwithstanding the foregoing, Developer shall have no obligation to commence the
second phase of the public improvements as set out on Exhibit "I" unless and until rights of way
across necessary properties, other than the Developer's Property, are acquired permitting the public
improvements. Developer shall deliver to the City all funds necessary for the acquisition of such
rights of way pursuant to any acquisition agreement entered into by City or when required in order
to obtain immediate possession under eminent domain.
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In connection with the Public Facilities, Developer shall do the following:
(1) prepare plans and specifications for the Public Facilities in accordance
with City standards, and submit such plans and specifications to the appropriate City
departments for review and approval;
(2) provide the City with twenty (20) days written notice prior to the
commencement of construction;
(3) secure all necessary licenses, permits, rights of way, and rights of entry
as may be reasonably necessary for construction;
(4) prior to commencement of construction, Developer shall provide the
City with faithful performance and material payment bonds or other security as approved by
City, each in the amount of 110% of the estimated cost of construction, as determined by the
City; the survey, amount and form of such bonds shall be subject to the approval of City
Attorney; and such bonds shall remain in full force and effect until the Public Facilities are
accepted by the City, at which time such bonds may be reduced to 10% of the cost of
construction for a period of one (1) year to guarantee against any defective work, labor or
materials;
(5) provide workers' compensation insurance for all Developer employees
working on construction, in amounts as required by California law;
(6) provide and maintain comprehensive liability insurance which shall
name both Developer and the City as insureds, and which shall provide coverage from
personal injury claims, including accidental and/or wrongful death, and claims for property
damage which may arise directly or indirectly from Developer's construction work, or the
performance of Developer's obligations hereunder, whether such construction and
performance is done by Developer, or any constructor, subcontractor or other party employed
directly or indirectly by any of them; such insurance shall provide for limits of not less than
$2,000,000 per occurrence and shall further provide that the issuing company may not
cancel, modify or terminate coverage unless it shall have given the City thirty (30) days' prior
written notice of such cancellation, termination or modification; Developer shall assure that
the insurance required by this section shall remain in full force and effect throughout the
construction of the Public Facilities, and Developer's failure to do so shall be deemed a
material breach of this Agreement;. and
(7) upon completion of construction, convey to the City, in form and
substance acceptable to City Attorney, all rights of way and easements deemed necessary by
the City Engineer, in its reasonable discretion, for the operation and maintenance of the
Public Property and Facilities, including ingress and egress easements as may be reasonably
need for storm drain operation and maintenance.
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(b) Citv-'s Obliga io c. In connection with Developer's construction of the Public
Facilities, the City shall do the following:
(1) review and either approve or provide comments for necessary
revisions for the plans and specifications for the Public Facilities prepared by Developer in
a timely manner prior to the commencement of construction of said Public Facilities; and
(2) inspect the construction of the Public Facilities as required;
(3) . upon completion and acceptance by the City of the Public Facilities
and conveyance of all required rights of way and easements, accept full responsibility for
operation and maintenance of the Public Property and Public Facilities.
Section• • •. rs
Effective upon the completion of the Public Facilities, Developer hereby subleases the Public
Property and the Public Facilities construction on Adams Street (Exhibits "F-1 and F-2") to the City
and the City hereby subleases the Public Property and the Public Facilities construction on Adams
Street (Exhibits F-1 and F-2) from Developer on the terms and conditions set forth in this
Agreement. The Public Facilities shall be deemed to be "complete" upon final inspection and
acceptance by the City. Concurrently, the Public Property and Public Facilities constructed on
Highway I I I (Exhibit "E-3 and E-4") shall be transferred to the State of California.
The Public Property Sublease shall begin as of the Commencement Date as defined in
Section 1(c) hereof. The Public Property Sublease shall end on the earlier of (1) December 31 st of
the calendar year which is thirteen (13) years after the Commencement Date, or (2) when the full
amount of the Leasehold Value, as defined in Section 7 below, has been paid to Developer.
Q-ection•. .n under Public ProneM Sublease.
Under the terms of the Public -Property Sublease, the City shall perform the following
obligations:
.(a) Base Rental Payments. s. The City agrees to pay to Developer, on a quarterly
basis, base rental payments ("Base Rental Payments") for the applicable rental period or portion
thereof throughout the term of the Public Property Sublease. All Base Rental Payments shall be
allocated as set forth in this Section 7.
(1) Amounts of Base Renal Payments. Base Rental Payments shall be
calculated as follows: From the Sublease Commencement Date and continuing through the term of
the Public Property Sublease, Base Rental Payments shall be fifty percent (50%) of the Sales and Use
Tax Revenues generated by businesses or activities located on the Project Site up to a maximum
amount of Three Hundred Eighteen Thousand Four Hundred and Eighty-seven Dollars ($318,487)
�• .. 329682
in any twelve (12) months of the Sublease. After completion of Phase II of the Public Facilities, the
maximum amount payable by the City shall increase an additional One Hundred Twelve Thousand
Dollars ($112,000) to a total maximum annual payment amount of Four Hundred Thirty Thousand
Dollars ($430,000).
(2) Time for Pavm n . The City's obligation to pay Base Rental Payments
shall begin on the Sublease -Commencement Date. The City shall make quarterly Base Rental
Payments to Developer for each rental period ("Rental Period") or portion thereof, which Rental
Periods shall consist of each calendar quarter. Each Base Rental Payment for a Rental Period shall
be due to Developer on the later of:
(a) One hundred eighty (180) days after the City receives its sales tax payment
for the Rental Period from the State of California; or
(b) One (1) month after the later of the two following dates:
(i) The date the City receives its sales tax payment with respect to the
Rental Period; or
The date the City receives its quarterly tax reconciliation from the
State of California for such Rental Period.
Notwithstanding the foregoing, a Base Rental Payment for any Rental Period shall be made
to Developer by City no later than two hundred twenty (220) days after the City receives its sales tax
payment for such Rental Period from the State of California.
(3) Form of Base Rental Payments. Each Base Rental Payment shall be
paid in lawful money of the United States of America, by warrant or check drawn against funds of
the City, and mailed or delivered. to the address provided for Developer in Section 15 of this
Agreement.
(4) Records Required. Developer shall provide, or cause each business
or activity located on the Project Site to provide, to the City, all of the information required by the
"Information Sheet on Sales and Use Tax Reporting and Information Required by the City of La
Quinta," a copy of which is attached hereto as Exhibit " T'. It shall be the obligation of Developer
to provide the required information to the City in a timely manner and to keep the information
accurate during the term of the Public Property Sublease. Failure to supply the required information
in a timely manner may, at the discretion of the City, result in a delay of that portion of the- Base
Rental payment applicable to any such business or activity which has failed to provide the required
information.
The City shall maintain sufficient records and accounts to separately identify
all Sales and Use Tax Revenues paid to it from businesses and activities located on the Project Site,
and shall provide to Developer, at the time of making each base Rental Payment, a written
accounting with respect to each Payment.
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(5)
Certain Definitions. As used in this Agreement, the following terms
will have the indicated meanings:
(i) "Principal Component" means the amount of Two Million
Nine Hundred and Fifty Five Thousand Six Hundred and Fifty Dollars ($2,955,650) as increased by
the "CPI Component" (defined below) when applicable so that if the CPI Component is applicable
then any reference to Principal Component includes the CPI Component. If the Public Facilities are
constructed in two phases, then the initial Principal Component shall be Two million One Hundred
Thirty -One Thousand One Hundred Dollars ($2,13 1, 100). The initial Principal Component shall be
increased by Eight Hundred Twenty Four Thousand Five Hundred Fifty Dollars ($824,550) (referred
to as the "Second Phase Amount") when the second phase of the Public Facilities is constructed and
accepted by the City or other governmental agency.
(ii) "Interest Component": Simple interest on the Principal
Component which shall accrue at the rate equal to eight and one-half percent (8.59/o) per annum
payable as provided in this Agreement until the Principal Component is paid in full.
(iii) "CPI Component": If the Public Facilities are constructed in
two phases, then the Second Phase Amount will be increased annually on the anniversary date from
the date of execution of this agreement by the City to reflect the increase in the Consumer Price
Index (all items index) for Riverside/San Bernardino area for a maximum period of five (5) years,
commencing on the date of this Agreement, and the increase (both annually and in total) is referred
to a the "CPI Component".
(iv) "Leasehold Value" means the total of the Principal Component
(including, if applicable, the CPI Component) and the Interest Component.
(i) Notwithstanding anything to the contrary herein, the aggregate
Base Rental Payments payable by the City to Developer during the term of the Public Property
Sublease shall not exceed the full amount of the Leasehold Value and are specifically limited to
Sales and Use Tax funds as described in Section 8 herein. All Base Rental Payments made by the
City to Developer shall be allocated first to the Interest Component accrued and unpaid as of the date
of City's payment of the Base Rental Payment. Any amount of a Base Rental Payment in excess of
the amount applied to the Interest Component shall be applied to the reduction of the Principal
Component. In the event that the Base Rental Payments over the term of this Agreement do not
equal the Leasehold Value the Developer agrees that no further payments are due and all obligations
of the City are satisfied.
(ii) The Interest Component shall commence to accrue on the date
of the Sublease Commencement Date and shall accrue until the Principal Component is paid in full
or, if the Public Property Sublease is terminated validly before such full payment as provided in this
Agreement then the Interest Component shall cease accruing upon the payment by City to Developer
of all amounts which become due to Developer as a result of the termination of this Agreement.
319682
Section 8. Source of Citv_'s Payment Obligations.
The obligations of the City to Developer to pay the Base Rental Payments shall be a special
and not a general obligation of the City, and shall be payable solely from the Sales and Use Tax
Revenues received by the City from businesses and activities conducted on the Project Site. Prior
to the time that the full amount of the Leasehold Value under this Agreement is fully paid to
Developer as provided herein, the City shall not pledge or encumber the Sales and Use Tax
Revenues derived or to be derived from businesses or activities operating on the Project Site so as
to impair Developer's rights hereunder. During the term of this Agreement, any subsequent pledge
of the Sale and Use Tax Revenues generated from the businesses and activities conducted on the
Project Site shall be subject and subordinate to Developer's rights hereunder. Notwithstanding any
provision herein to the contrary, in the event that the State of California's allocation of Sales and Use
Tax Revenues to the City is changed, revised or otherwise amended after the date of this Agreement,
the City and Developer each agree to meet in good faith to revise this Agreement to reflect as closely
as possible the original intent of the parties in entering into this Agreement with respect to the
allocation of Sales and Use Tax Revenues.
Section?. Maintenance. ReAdditions •1 l• Improvements to Public
T.
(a) Operating and Maintenance Ex2cnse. Throughout the term of the Public
Property Sublease, the City shall, at its sole expense, operate, maintain, repair and/or replace as
necessary, the Public Facilities (subject to the Sublease related to Adams Street and not including
any Public Facilities dedicated to another public entity) and insure that said Public Facilities remain
in good order, condition and repair at a level of service consistent with that maintained for similar
types of public improvements located elsewhere throughout the City. The parties hereto
acknowledge and agree that Developer shall have no obligation to incur any expense of any kind or
character in connection with the management, operation, repair, replacement or maintenance of the
Public Facilities during the term of the Public Property Sublease. Throughout the term of the Public
Property Sublease, the City shall keep the Public Facilities free and clear of all liens, charges, and
encumbrances. Notwithstanding any damage to the Public Facilities from whatever source, the City
shall, throughout the term of the Public Property Sublease, repair the Public Facilities consistent with
this paragraph without any interruption or abatement of its rental obligations as set forth hereunder.
(b) Additions and Im=vements to the Public Facilities, The City shall have the
right throughout the term of this Agreement, to make any additions or improvements to the Public
Facilities, to attach fixtures, structures or signs, and to affix any personal property thereto, provided
the use of the Public Facilities for the purposes contemplated in this Agreement is not impaired in
any way. Title to all personal property placed in or on any of the Public Facilities shall remain with
the City, provided however, that any modifications or improvements which constitute fixtures will
automatically become subject to this Agreement. Subject to the foregoing, the title to any personal
property, improvements or fixtures which may be placed on the Property by any sublessee or licensee
of the City shall be controlled by the -terms of the sublease or license contract entered into by the City
with such sublessee or licensee.
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319682
Upon Developer's completion of construction of the Public Facilities and their
acceptance by the City, Developer shall have no further obligation of any kind to make any additions,
improvements, repairs or other changes to the Public Facilities. In the event that Developer elects
to make additions, improvements or other changes to the Public Facilities it shall do so only with the
prior written consent of the City. Any such additions, improvements or other changes shall comply
with the encroachment permit rules of the City and all other applicable City building requirements.
Notwithstanding the foregoing, should Developer make application for additional on site
improvements beyond those contemplated by the Project, Developer may, at that time, be
conditioned to make further improvements to the Public Facilities as part of the approval for such
additional on site developments.
Section 10. Indemnification.
(a) Indemnification by the City. The City agrees for the term of the Public
Property Sublease, it shall indemnify, defend and hold harmless Developer, its officers, agents,
employees, directors and representatives from any loss, claim, expense, and/or penalties arising
directly or indirectly from the Public Facilities and the City's operation, maintenance and repair
thereof, save and except those losses, claims, expenses and/or penalties arising from the gross
negligence or willful misconduct of Developer. Such indemnification shall include, without
limitation, indemnification for damage or claims for personal injury, including death, and claims for
property damage, and including any costs incurred by Developer in defending against same,
including without limitation, actual attorneys' fees.
The City represents that it is self -insured as a member of a joint powers insurance
authority (the "Authority") as to public liability insurance against claims for bodily injury or death
or damage to property occurring upon, or about the improvements. In the event that the City elects
to purchase liability insurance in the future rather than remaining self -insured with the Authority,
such liability insurance shall, during the term of this Public Property Sublease, name Developer as
an additional insured to the extent appropriate to comply with the provisions of this Section 10.
(b) Indem_nification by Develoose;. The Developer agrees that throughout the term
of the Public Property Lease, it shall indemnify, defend and hold harmless the City, its officers,
agents, employees and representatives from any loss, claim, expense and/or penalties arising directly
or indirectly from Developer's construction of the Public Facilities, committed in connection with
Developer's performance of or failure to perform its obligations under the terms of the Public
Property Lease. Developer agrees that throughout the term of the Public Property Sublease,. it shall
indemnify and hold harmless -the City, its officers, agents, employees and representatives from any
loss, claim, expense and/or penalties arising directly or indirectly from Developer's gross negligence
or willful misconduct committed in connection with Developer's performance of or failure to
perform its obligations under the terms of the Public Property Sublease. Such indemnification,
above identified, shall include, without limitation, indemnification for damages or claims for
personal injury, including death, and claims for property damage, and including any costs incurred
by City in defending against same, including without limitation, actual attorneys' fees.
4 319682
Section 11. Sale Transfer or Assignment. The City shall have the right to permit the
nonexclusive use of all or any portion of the Public Facilities by any third party as may be necessary
to serve the public purposes of the City, provided however, that no sale, transfer or assignment of
all or any portion of the City's rights under the terms of this Agreement shall be construed as
relieving the City from any or all of its obligations as set forth in this Agreement. Specifically, it is
contemplated that all or portions of those Public Facilities to be constructed adjacent to Highway 111
shall be transferred to the State of California and removed from both the Public Property Lease and
the Public Property Sublease and shall no longer be subject to any part of this Agreement relating
to such Lease and Sublease after completion, however, such transfer shall not affect the obligation
of the City to pay the full Leasehold Value to Developer according to the terms and limitations of
this Agreement. Except as otherwise provided in this Agreement, the Developer shall not assign all
or any portion of its rights and obligations hereunder to any successors -in -interest to the Project Site
or portion thereof, except with the prior written consent of the City, which consent shall not be
unreasonably withheld. Any such assignment shall not relieve Developer of its obligations under
the terms of this Agreement, except upon express written consent of the City. Notwithstanding
anything contained herein to the contrary, the Developer may, without the prior written consent of
the City, assign any or all of its rights and obligations hereunder to any Affiliated Entity. For
purposes of this Agreement, an "Affiliated Entity" shall mean any corporation, partnership, limited
liability company or other form of business entity in which Developer has not less than a fifty percent
(50%) ownership interest and not less than fifty percent (50%) management control.
Any sale, transfer or assignment of the rights and obligations of either party under the
terms of this Agreement shall require thirty (30) days prior written notice to the other party of such
assignment, provided however, that no such prior written notice shall be required in connection with
any of the following:
(1) An assignment by Developer which consists of the conveyance for the purpose
of securing loans to be used solely for the financing of the direct and indirect costs of the Public
Facilities, including without limitation, financing costs, interest and commissions, planning, design,
construction, development and leasing of the Public Facilities to be constructed by Developer,
provided that the assignee of any such assignment shall receive only the right to collect Base Rental
Payments due under the terms of this Agreement.
(2) Transfers resulting from a sale of Developer's interest in the Public Facilities
or the Public Property or any portion thereof at foreclosure (or a conveyance thereof in lieu of a
foreclosure) pursuant to a foreclosure thereof by a lender.
(3) Subject to the terms contained in Section 9(a) of this Agreement, the
conveyance or dedications of any portion of the Public Facilities or the Public Property, the
Dedicated Property or the Public Facilities, to the City or other appropriate governmental agency,
or the granting of easements or permits to facilitate the development of the Project.
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Section 12. Eminent Domain.
If the whole of the Public Facilities shall be taken under the power of eminent domain, then
this Agreement shall terminate as of the date possession shall be so taken. If less than the whole of
the Public Facilities shall be taken under the power of eminent domain, then this Agreement shall
continue in full force and effect and shall not be terminated by virtue of such taking, and the parties
hereto waive the benefit of any law to the contrary, and in such event there shall be a partial
abatement of the Base Rental Payments due under the terms of this Agreement.
Any award made in eminent domain proceedings for the taking or damaging of the Public
Facilities, in whole or in part, shall be paid to Developer to the extent of the then remaining balance
of the Principal Component of the Leasehold Value, plus any portion of the Interest Component
which is then accrued but not yet paid. The amount of the award which is in excess of the sum
needed to pay Developer the then remaining balance of the Principal Component, plus any accrued
but then unpaid portion of the Interest Component, shall be paid to the City.
Section 13. Lims.
The City shall pay or cause to be paid when due, all sums of money that may become due for,
or purporting to be for, any tabor, services, materials, supplies or equipment alleged to have been
furnished or to be furnished to or for the Public Facilities throughout the term of the Public Property
Sublease and which may be secured by any mechanics', materialmen's or other lien against the Public
Facilities and/or Developer's interest therein, and the City shall further cause each such lien to be
fully discharged and released, provided however, that if the City and/or Developer desires to contest
any such lien, that party may do so upon posting security in a form and amount acceptable to the
other party sufficient to pay said sums in the event that said liens are reduced to final judgment.
Developer shall cooperate with the City in its efforts to discharge and release any liens pursuant to
this Section 13 and shall further discharge and release or cause to be discharged and released any
liens created directly or indirectly by Developer on or against the Public Facilities.
Section 14. Quiet Egiovmen .
The parties hereto mutually covenant and agree that the City, by keeping and performing the
covenants contained herein, shall at all times during the term of this Agreement peaceably and
quietly, have, hold and enjoy the Public Facilities without hindrance or molestation by Developer
or anyone whose rights arise through Developer.
Section 15. Notices.
3.11 Notices: All notices, demands, offers, and- correspondence and other
communications required or permitted under this Agreement shall be in writing and shall be
personally delivered or sent by registered or certified mail, postage prepaid. Any notices sent shall
be deemed received upon the earlier of:
12
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319682
(a) If personally delivered, the date of delivery to the address of the person
receiving such notice; or
(b) if mailed, three (3) business days after the date of posting by the United
States Post Office, in the form of and at the address set forth below:
If to the City:
City of La Quinta
Attention: City Manager
78-495 Calle Tampico
La Quinta, California 92253
If to Developer and/or Owner:
STAMKO Development Co.
10100 Santa Monica Boulevard, Ste. 400
Los Angeles, CA 90067
Attention: Christine F. Clarke
A Party may change its address by giving notice and other writing to the other Party in
accordance with the notice provisions of this Section. Thereafter, notices, demands, correspondence
and other communications shall be delivered to the new address.
Section 16. Taxes.
During the term of this Agreement, the City shall be responsible for and pay when due any
ad valorem taxes, or special assessments, if any, levied upon the Public Property and/or the Public
Facilities or upon any parties' interest therein. The parties hereto agree to cooperate with each other.
in any effort to apply for exemption from any such tax or assessment. Throughout the term of this
Agreement, Developer shall pay any gross receipt taxes, income taxes or any other. form of tax
whatsoever which may be levied upon Developer's rental income derived from this Agreement.
Section 17. Waiver.
The waiver by either party of any breach by the other party of any term, covenant or condition
hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof. To be effective, any waiver must be in writing and signed by an authorized
representative of the party bound by said waiver.
Section 18. Default by the City.
If the City fails to pay any Base Rental Payments due hereunder within ten (10) days from
the date that such Base Rental Payment is due and payable, or if the City fails to keep any other
terms, covenants or conditions herein for a period of thirty (30) days after written notice thereof from
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Developer to the City, or if the City shall abandon or vacate the Public Facilities, or if the City's
interest in this Agreement or any part thereof shall be assigned or transferred in violation of the terms
of this Agreement, either voluntarily or by operation of law, then in such event the City shall be
deemed to be in default under the terms of this Agreement.
If the Developer sends a written notice of default as provided in the preceding paragraph, and
the City fails to remedy any default described in the notice then following thirty (30) days, Developer
has the right, at its option, and without further notice or demand, to do any one or more of the
following (and in connection with obtaining any equitable relief, City hereby acknowledges that
Developer may seek such equitable relief):
(1) Take any action or legal proceeding to recover Base Rental Payments as they come
due pursuant to Section 7 of this Agreement.
(2) To terminate this Agreement and all rights of City under this Agreement by giving
to City a written notice of termination. Upon termination, Developer may recover the worth at the
time of award of any unpaid Base Rental Payments earned at the time of such termination. The
"worth at the time of award" is computed by allowing interest from the date of termination until the
time of award at the rate of eight and one-half percent (8.5%). The maximum amount recoverable
shall be the amount of Base Rental Payments plus interest due at the time of termination.
(3) If permitted under applicable law, to continue this Agreement in effect and obtain a
judgment and recover the amounts set forth in Subsection (2) above.
(4) Obtain a preliminary and permanent injunction from a court of competent jurisdiction
directing the City to make Base Rental Payments under this Agreement as they become due pursuant
to the terms and conditions of this Agreement.
(5) Obtain a preliminary and permanent injunction from a court of competent jurisdiction
directing the City to perform any other terms and conditions of this Agreement.
(6) Recover from the City all costs and fees incurred by it (including attorneys' fees and
court costs) in enforcing its rights under this Agreement, including, but not .limited to collecting
amounts due under this Agreement.
Without limiting the generality of the foregoing, Developer shall have the remedy
described in California Civil Code Section 1951.4, providing that Developer may elect to continue
this Agreement in effect, after the City's breach and abandonment, and recover rent as it becomes
due, if the City has the right to sublet or assign, subject only to reasonable limitations.
Section 19. Default by Developer.
If Developer shall fail to keep any terms, conditions or covenants contained in this
Agreement for a period of thirty (30) days after written notice thereof from the City to Developer,
or if Developer shall file any petition or institute any proceedings wherein Developer asks or seeks
to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations, or offers
14
319682
to its creditors to effect a composition or extension of time to pay Developer's debts, or Developer
seeks a reorganization'or seeks to effect a plan of reorganization or readjustment of Developer's
debts, or if any such petition or proceeding of a same or similar nature shall be filed, or instituted
against Developer, and Developer shall fail to have such petition or proceeding dismissed within
sixty (60) days of its filing, then and in such event Developer shall be deemed to be in default
hereunder.
If Developer should, after receiving written notice from the City, fail to remedy any such
default within sixty (60) days of delivery of said notice (sixty-five (65) days if the notice is sent by
mail), then the City shall have the right, at its option, to terminate this Agreement by delivering
written notice .of such intent to terminate to Developer not less than sixty (60) days prior to the
effective date of such termination, and after the effective date of such termination, the City shall be
relieved of all obligations hereunder, provided however, in the event that the termination occurs after
the completion of the Public Facilities construction and their acceptance as complete by the City,
the City shall continue to make the Base Rental Payments pursuant to Section 7 hereof for the
thirteen -year term that the Agreement would have been in effect if not terminated, to Developer or
its successor in interest, as long as the City continues to use the Public Facilities,
Section 20. Hazardous Materials.
(a) D v lop r„ a 's Representations. Developer hereby represents that, to the best
of its knowledge, the Dedicated Property is not in violation of any currently existing federal, state
or local hazardous materials laws. Developer further agrees that it shall indemnify, protect, defend
and hold harmless the City from and against any and all claims, liabilities, suits, losses, costs,
expenses and damages arising from any breach of the above representation, including but not limited
to attorneys' fees arising from any claim for loss or damage to property, including the Dedicated
Property, and the improvements thereon; for personal injury or death of persons; or for the cost of
remediation necessitated by the presence of hazardous materials which existed on the Dedicated
Property prior to the Commencement Date of the Public Property Sublease and not otherwise
resulting from the City's use or possession of the Dedicated Property-
(b) City's Representation. City hereby represents that, to the best of its
knowledge, the property constituting the Existing Right -of -Way is not in violation of any currently
existing federal, state or local hazardous materials laws. City further agrees that it shall indemnify,
protect, defend and hold harmless the Developer from and against any and all claims, liabilities,
suits, losses, costs, expenses and damages arising from any breach of the above representation,
including but not limited to attorneys' fees arising from any claim for loss or damage to property,
including the Existing Right of Way, and the improvements thereon; for personal injury or death of
persons; or for the cost of remediation necessitated by the presence of hazardous materials which
existed on the Existing Right of Way prior to the commencement date of the Public Property Lease
and not otherwise resulting from the Developer's use or possession of the Existing Right of Way.
15
Section 21. Attorneys Fees. 313687..
In any action or arbitration arising directly or indirectly out of the terms of this Agreement,
the prevailing party shall be entitled to all costs and expenses, including without limitation, actual
attorneys' fees and costs of suit whether in equity or in an action at law, as may be necessary to
enforce the terms and conditions of this Agreement.
Section 22. Option to P ur h ae.
The City at any time during the term of this Agreement, shall have the option to purchase the
Public Facilities in the manner provided in this Section. The City may exercise its option to
purchase the Public Facilities by giving Developer not less than sixty (60) days' prior written notice
of its intent to exercise such option. The City's notice of intent to exercise its option shall specify
the date upon which the purchase shall occur ("Purchase Date"), which Purchase Date must coincide
with the due date for the City's payment to Developer of a Base Rental Payment as such dates are
defined in Section 7 of this Agreement. Upon exercising its option to purchase the Public Facilities,
the purchase price ("Purchase Price") to be paid by the City to Developer shall be equal to the
outstanding balance, as of the Purchase Date, of the Principal Component of the Leasehold Value
attached hereto, plus any portion of the Interest Component which is accrued and unpaid on the
Purchase Date. On the Purchase Date, the City shall pay the full amount of the Purchase Price to
Developer in immediately available funds, and the City shall also pay at that time, in cash or other
immediately available funds, the amount of any Base Rental Payments which have accrued prior to
the Purchase Date, but which Base Rental Payments have not yet been paid to Developer. Upon the
City's exercise of its option and upon the City's payment to Developer of the Purchase Price and Base
Rental Payments as provided under the terms of this Section 22, all right, title and interest of
Developer in and to the Public Property and the Public Facilities shall be transferred to the City "as
is" and without warranty.
Section 23. Recordation and Filing.
Upon full execution of this Agreement, Developer shall record this Agreement in the Official
Records of the County Recorder for. the County of Riverside, California.
Section 24. Entire Agreement.
This Agreement contains the entire Agreement of the parties hereto with reference to the
subject matter hereof, and supersedes all negotiations or previous agreements between the parties
with respect to all or any portion of the subject matter hereof.
Section 25. Validity and Severabilit�v.
If any one or more of the terms, provisions, promises, covenants or conditions contained in
this Agreement shall to any.extent be adjudged invalid; unenforceable, void or voidable for any
reason whatsoever by a final decision of a court of competent jurisdiction, then each of the remaining
terms, provisions, promises, covenants and conditions contained herein shall remain unaffected
thereby and shall be valid and enforceable to the fullest extent permitted by law.
16
a. ;
319682
If for any reason this Agreement shall be held by a court of competent jurisdiction to be void,
voidable, or unenforceable by Developer or by the City, or if for any reason it is held by such a court
that the covenants and conditions of the City or Developer hereunder, including covenants to pay
rents as set forth in this Agreement, are unenforceable for the full term hereunder, then and in such
event for and in consideration of the right of the City to possess, occupy and use the Public Facilities
and the right of Developer to occupy the Project, which rights in such event are hereby granted, this
Agreement shall thereupon become and shall thereafter be deemed to be a lease from year to year
under which the annual rentals herein specified will be paid by the City and Developer respectively.
Section 26. HsAdi=.
Any headings contained in this Agreement are solely for the purposes of convenience of
reference and shall not constitute a part hereof nor shall they be utilized to interpret any term or
condition contained in this Agreement.
Section 27. Counteroarts.
This Agreement may be executed in any number of counterparts, each of which when so
executed shall be deemed to be an original, and all of which when taken together shall be deemed
a single original.
Section 28. Governing Law.
This Agreement shall be construed and governed by the laws of the State of California.
Section 29. Time of the Essence.
Time is of the essence with respect to this Agreement.
Section 30.
This Agreement may be amended at any time, and from time to time provided, however, that
no amendment of this Agreement shall be effective unless such amendment is in writing and signed
by all parties hereto.
Section 31. Other Documents.
The parties hereto agree that each shall, concurrently herewith or at any time hereafter, upon
reasonable demand by the other, execute any other documents or instruments and do or cause to be
done any other acts as may be necessary or convenient to carry out the intent and purposes of this
Agreement.
17
319682
Section 32. Successors.
Subject to the provisions contained herein, this Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the respective parties hereto.
Section 33. Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (a) the
party is duly organized and existing; (b) they are duly authorized to execute and deliver this
Agreement on behalf of said party; (c) by so executing this Agreement, such party is formally bound
to the provisions contained herein; (d) the entering into of this Agreement does not violate any
provision of any other agreement to which that party is bound; and (e) there is no litigation nor legal
proceeding or other legal impediment which would prevent the parties from entering into this
Agreement.
Section 34. Exhibits and Recitals.
The Recitals contained in this Agreement, and each and every one of the Exhibits referenced
in this Agreement shall be deemed to be incorporated herein by this reference. The Exhibits attached
hereto are as follows:
[M. fit -To ff"TT0,111111
"A"
Legal Description of Project Site
"Be'
Depiction of Project Site
licit
Legal Description of Right of Way Dedication (Highway 111)
"D"
Depiction of Right of Way Dedication (Highway 111)
"Eli
Legal Description of Existing Right of Way (Adams)
"Fit
Depiction of Existing Right of Way (Adams)
"G"
Legal Description of Right of Way Dedication (Adams)
"H"
Depiction of Right of Way Dedication (Adams)
"I"
Public Facilities
"J"
Standard City Form
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers for each of the parties and the official seals of the parties to be
hereto affixed, all as of the day and year first above written.
CITY OF LA QUINTA, a municipal charter
city
By:
18
RON PERKINS, Mayor
319682
ATTEST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
19
STAMKO DEVELOPMENT CO., a
California limited partnership
EXHIBIT "A"
LEGAL OESCRIPTION
PROJECT SITE
319682
PAGE 1
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORTION OF THE NORTHWEST ONE -QUARTER LYING SOUTHERLY OF STATE
HIGHWAY I I I AND THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5
SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE -QUARTER OF
SECTION 29:
THENCE NORTH 00' 20' Or WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST
ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH DO- 29 Or WEST A
DISTANCE OF 1565.71 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST ONE -
QUARTER OF SECTION 29;
THENCE NORTH 00' 217 Or WEST, ALONG THE WESTERLY LINE OF THE NORTHWEST
ONE -QUARTER OF SECTION 29, A DISTANCE OF 318.50 FEET TO THE BEGINNING OF A
NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2555.00 FEET, A
RADIAL LINE PASSING THROUGH SAID POINT SEARS SOUTH 190 32' 07" WEST, SAID
POINT BEING ON THE SOUTH LINE OF THE STATE HIGHWAY CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED AUGUST 23. 1968 AS INSTRUMENT NO.
82038, OFFICIAL RECORDS.
THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 11- 53' 09", AN ARC DISTANCE OF 530.03
FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND TANGENT TO LAST
MENTIONED CURVE. SOUTH 82. 21' 02" EAST A DISTANCE OF 1207.12 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
5055.00 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND EASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06' 0712", AN ARC DISTANCE OF
534.00 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT SEARS
SOUTH 01.35 46" WEST; SAID POINT BEING ON THE WESTERLY LINE OF THE
EASTERLY 330.00 FEET OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST
ONE -QUARTER OF SAID SECTION 29;
319682
PAGE 2
PROJECT SITE LEGAL DESCRIPTION CONTINUED
THENCE PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST ONE -QUARTER
OF SAID SECTION 29 AND NONTANGENT TO LAST MENTIONED CURVE, SOUTH 00' 17
55" EAST A DISTANCE OF 1311.8 TME S UOTHINEST ONE -QUARTER OSOUTHERLY
F SAID SECTtONTHE
NORTHEAST ONE -QUARTER OF
29;
THENCE NORTH 89' 51, 4W WEST ALONG SAID SOUTHERLY UNE A DISTANCE OF
330.0,1 FEET TO THE NORTHWE TMCORNERSOUTHWEST ONE -QUARTER, OF SAID SECTION
SOUTHEAST ONE -QUARTER OF
29;
THENCE SOUTH 00' IT Sr EAST ALONG SAID WESTERLY UNE A DISTANCE OF 239.23
FEET;
THENCE NORTH 89' 51' 3V WEST A DISTANCE OF 1987.25 FEET TO THE TRUE POINT
OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS OF RECORD.
COMPRISING $7.72 ACRES, MORE OR LESS.
(J�e�a
* *
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319682
EXHIBIT "C"
TO EXHIBIT-"C" OF THE DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF RIGHT OF WAY DEDICATION
(HIGHWAY 111)
LEGAL DESCRIPTION
FUTURE HIGHWAY 1I1 STREET DEDICATION
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
THAT PORTION OF THE NORTHWEST ONE -QUARTER LYING SOUTHERLY OF
STATE HIGHWAY I I I AND THE SOUTHWEST ONE -QUARTER OF SECTION 29,
TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST ONE-
QUARTEKOF SECTION 29;
THENCE SOUTH 89' 35' W WEST ALONG THE NORTHERLY LINE OF SAID
SOUTHWEST ONE -QUARTER A DISTANCE OF 330.00 FEET TO A POINT ON THE
WESTERLY LINE OF THE EASTERLY 330.00 FEET OF THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 29;
THENCE SOUTH 00013' 15" EAST ALONG SAID WESTERLY LINE TO A POINT ON
A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 5055.W
FEET, A RADIAL LINE PASSING THROUGH SAID POINT SEARS SOUTH 01" 35' 46'
WEST, SAID POINT BEING ON THE SOUTHERLY LINE OF THE STATE HIGHWAY
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 23,
1968 AS INSTRUMENT NO.82038, O.R., SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 01' IS 55" WEST A DISTANCE OF 15.01 FEET TO
THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF W70.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT
SEARS SOUTH 010 3T 2r WEST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 060 03' 31", AN ARC DISTANCE OF 538.12 FEET;
THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 82.21' 02" WEST A
DISTANCE OF1287.12 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 2570.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 09. 4V 49", AN ARC DISTANCE OF 437.95 FEET TO A POINT, A RADIAL
LINE PASSING THROUGH SAID POINT HEARS NORTH 170 24' 4T' EAST;
31968z
FUTURE HIGHWAY I I I STREET DEDICATION CONTINUED
THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 53- 32' 19" WEST A
DISTANCE OF 37.15 FEET TO A POINT LYING 55.00 FEET EASTERLY OF THE
WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER, MEASURED AT RIGHT
ANGLES;
THENCE NORTH 00.20' OS" WEST PARALLEL WITH SAID WESTERLY LINE A
DISTANCE OF 3.33 FEET;
THENCE NORTH 51' 31' 44" EAST A DISTANCE OF 50.54 FEET TO THE
BEGINNING OF A NONTANGENT CURVE. CONCAVE NORTHERLY, HAVING A
RADIUS OF 2555.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT
BEARS SOUTH 17' 1 T 27 WEST, SAID POINT BEING ON THE SOUTHERLY UNE
OF THE STATE HIGHWAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 23, 1968 AS INSTRUMENT NO.82038, O.R.;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF OW 3E 31", AN ARC DISTANCE OF 429.98 FEET;
THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH W 21' Or EAST A
DISTANCE OF 1287.12 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 5065.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 06. 03' 12", AN ARC DISTANCE OF 534.06 FEET TO THE TRUE POINT
OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD.
COMPRISING 0.78 ACRES, MORE OR LESS.
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EXHIBIT "E"
TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT
319682
LEGAL DESCRIPTION OF EXISTING RIGHT-OF-WAY
(ADAMS STREET)
LEGAL DESCRIPTION OF EXISTING ADAMS STREET RIGHT OF WAY
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORTION OF THE NORTHWEST ONE -QUARTER LYING SOUTHERLY OF
STATE HIGHWAY I I I AND THE SOUTHWEST ONE -QUARTER OF SECTION 29,
TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE- .
QUARTER OF SECTION 2%
THENCE NORTH 00' 20' W WEST ALONG THE WESTERLY LINE OF SAID
SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00' 2V W WEST A
DISTANCE OF 1565.71 FEET TO THE NORTHWEST CORNER OF SAID
SOUTHWEST ONE -QUARTER OF SECTION 29;
THENCE NORTH 00' 20' W WEST, ALONG THE WESTERLY LINE OF THE
NORTHWEST ONE -QUARTER OF SECTION 29, A DISTANCE OF 316.50 FEET TO
THE BEGINNING OF A NONTANGENT CURVE. CONCAVE NORTHERLY, HAVING A
RADIUS OF 2555.00 FEET. A RADIAL LINE PASSING THROUGH SAID POINT
BEARS SOUTH 19' 32' 07" WEST, SAID POINT BEING ON THE SOUTH LINE OF
THE STATE HIGHWAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 23,1968 AS INSTRUMENT NO.82038, OFFICIAL RECORDS;
THENCE EASTERLY ALONG SAID. SOUTHERLY LINE AND ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF or 14' 3r, AN ARC DISTANCE OF
100.08 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT SEARS
NORTH 17' 1 T 29' EAST;
THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 51.31' 44" WEST A
DISTANCE OF 50.54 FEET;
THENCE SOUTH OW 20' Or EAST A DISTANCE OF 455.13 FEET;
THENCE SOUTH 89. 44' 310 WEST A DISTANCE OF 25.00 FEET;
THENCE SOUTH 000 20' Or EAST A DISTANCE OF 1365.99 FEET;
THENCE NORTH 89' 51' 38" WEST A DISTANCE OF 30.00 FEET TRUE POINT C LANt�
BEGINNING. �-
SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECO
COMPRISING 1.60 ACRES, MORE OR LESS. mom
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(I
EXHIBIT OF EXISTING ADANS STREET R/W
A PORTION OF THE M 1/2 OF SECTION 2% T 5 S. R 7 E. S.B.M.
ELF I' .. ,pp• J.N. 1087 SHEET i OF i 91EET:: ;
DEPICTION OF EXISTING RIGHT OF WAY
IAINAMC cTRFFTI
Exhibit I I
TO EXHIBIT "C" OF THE DEV ELOPMENT AGREEMENT
DEPICTION OF RIGHT OF WAY DEDICATION
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TURF ADAMS STREET R/W DEDICATION EXHIBI
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A PONTION OF THE N 1/2 OF SECTION 29. T 5 S. R 7 E.
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319682
EXHIBIT "G"
TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF RIGHT OF WAY DEDICATION
(ADAMS STREET)
LEGAL DESCRIPTION
FUTURE ADAMS STREET DEDICATION
IN THE CITY OF LA QUINTA, COUNTY OF RI-vQEUAR ER OF ECTION 29,OTOWNSHIP 5
THAT PORTION OF THE SOUTHWEST ONE
SOUTH, RANGE 7 EAST, S.H.M., DESCRIBED AS FOLLOWS:
ER OF SAID SOUTHWEST ONE -QUARTER OF
COMMENCING AT THE SOUTHWEST CORN
SECTION 29;
THENCE NORTH 000 200 08" WEST ALONG THE o SO LIUTN�S CORNER F SAID SOUTHWEST
ONE.QUARTER A DISTANCE OF 1087.25 FEET
PARCEL *30 OF LOT LINE ADJUSTMENT 95-198 RECORDTH ED AUGUST 2, 1995 AS
INSTRUMENT NO. 251765.O.R.;
THENCE SOUTH 52" 51' 3W EAST ALONG THE SOUTHERLY N LINE OF SAID PARCELS" A
DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGIN
THENCE NORTH 00' 2V 08" WEST PARALLEL WITH NT WESTERLY00 IN FEET SOUTH
SAID ERLY
PARCEL ar A DISTANCE OF 1386.99 FEET TO A PO
OF THE NORTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER OF SECTION 29;
THENCE NORTH 890 44' 31" EAST PARALLEL WITH SAID NORTHERLY LINE A DISTANCE
OF 25.00 FEET;
THENCE SOUTH 00' 20' 08" EAST PARALLEL
F� 8 � FEET TO APOINT ON THE
D WESTERLY LINE OFTHE
SOUTHWEST ONE -QUARTER A DISTANCE O
SOUTHERLY LINE OF SAID PARCEL "B' OF LOT LINE ADJUSTMENT 95-19&,
THENCE NORTH SW 51' 38* WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 25.00
FEET TO THE TRUE POINT OF BEGINNING;
SUBJECT TO EXISTING EASEMENTS OF RECORD.
COMPRISING 0.78 ACRES, MORE OR LESS. ��
LWP6 NA re S
lb
M06 460
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
1.20.2 THE PROJECT
The Centre at La Quinta is a multi -phased commercial proposal designed around
two main activities: an auto sales mall and a large scale retail complex. Exhibit 2
depicts the proposed development. The first phase of development will occur on
the northwest portion of the property (Highway 111 and Adams Street) and will
contain an integrated auto sales facility for up to 5 dealerships . Included in the
first phase will be all on -site streets including La Quinta Centre Drive and Auto
Centre Drive/Auto Centre Way, landscaping, lighting, and infrastructure as well
as perimeter improvements such as walls and signage. Included in Phase I will
be the mass grading of the entire westerly half of the project including La Quinta
Centre Drive. Phase II will build out the remaining dealers and possibly auto
related commercial.
Off -site improvements included with Phase I include the entire frontage of Adams
Street (curb/gutter, landscaped median, landscaped parkway and infrastructure
extensions), the westerly frontage portion of Highway 111 (curb/gutter,
landscaped parkway and necessary infrastructure extensions). The
development of Phase II and/or Phase III will initiate the implementation of the
remainder of the Highway 111 improvements including the landscaped median.
The main site access will be a signalized, landscaped entry from Highway 111
and will be shared with the Phase III commercial portion of the project. A second
entry will be provided on the west boundary from Adams Street. The entry will
align with Avenue 47 and could be signalized if warrants are met.
The auto mall will include coordinated landscape, lighting, signage, and
maintenance. A property owners association comprised of the property owners
in Phases I and II will handle all landscape and common area maintenance
associated with the auto mall portion of the project. All activity will be contained
on -site including vehicle unloading.
Phase III will focus on the eastern portion of the site and is focused on the
development of a multi-user retail center 400,000 s.f. of retail floor area.
Probable candidate uses include restaurants, entertainment, big box retail,
financial, and offices. The allowable, conditionally allowable, and prohibited uses
shall be generally as set forth in the zoning regulations for the CR zone with
some exceptions as noted in section 2.50.2.1. Phase III common area
improvements will be maintained by a separate property owners association.
The site development concept for Phase III is still in the development stage and
will be changed but not in a way that increases the density and/or intensity of the
site development and/or the maximum heights of the proposed buildings.
4
319682
319682 J/
�J
EXHIBIT 1
AERIAL
PHOTOGRAPH
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainlero, Smith and Assoc.
Planning/B41ee ing
Walker/Rancourt + Assoc.
ArcHtecture
Horton/SheWdson Assoc -
Landscape Arctitecture
3
31 82
Exhibit "I"
TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT
PUBLIC FACILITIES
PHASE I
1. ADAMS STREET IMPROVEMENTS (Along Centre at La Quinta Frontage)
1=
QIIZZ=
UNIT
UNIT
COST
TOTAL
CQAT
6" Curb and Gutter
2,000
LF
$ 15.00
$ 30,000
6' Meandering Sidewalk
16,000
SF
3.50
56,000
Pavement
62,220
SF
2..00
124,440
Westside Pavement
Widening
1
LS
9,360.00
91360
Unclassified Excavation/
Removal
1
LS
25,000.00
25,000
Water/Dust Control
1
LS
25,000.00
25,000
Traffic Control
1
LS
7,000.00
7,000
Signing and Striping
1
LS
25,000.00
25,000
Mobilization
1
LS
27,500.00
27,500
Parkway Landscaping
1
LS
70,000.00
70,000
Landscaped Median
1
LF
165,000.00
165,000
Dry Utilities
1
LS
100,000.00
100,000
2. HIGHWAY Ill IMPROVEMENTS (West of Project Entrance Along Centre at La
Quints, Frontage)
6" Curb and Gutter
1,300
LF
$ 15.00
$ 19,500
8' Meandering Sidewalk
14,800
SF
3.50
51,800
Pavement
52,000
SF
2.00
104,000
Unclassified Excavation/
Removal
1
LS
42,000.00
42,000
31q&SZ
Water/Dust Control
Traffic Control
Signing and Striping
Mobilization
New Signal - 111 Project
Entrance (100%)
Signal Modification -
Adams and ill (25%)
Parkway Landscaping
Dry Utilities
18" D.I.P. Water Main
Agency and Professional
Fees and Contingencies
- Adams and Hwy
1
LS
28,000.00
28,000
1
LS
21,000.00
21,000.
1
LS
35,000.00
35,000
1
LS
27,500.00
27,500
1
LS
125,000.00
125,000
1
LS
31,250.00
31,250
1
LS
92,500.00
92,500
1
LS
65,000.00
65,000
2,600
LF
80.00
208,000
1 LS 616,250.00 616,250
PHASE I TOTAL 88TIXATED COST $2,131,100
PHASE II
HIGHWAY I I I IMPROVEMENTS (East of Project Entrance Along La Quinta Frontge)
UNIT TOTAL
IT 'Lli OMMITY MIXT COST COBT
611 Curb and Gutter 1,000 LF $ 15.00 15,000
8' Meandering Sidewalk 12,000 SF 3.50 42,000
Pavement 40,000 SF 2.00 80,000
North Side Pavement
Widening 1 LS 53,000.00 53,000
Unclassified Excavation/
Removal 1 LS 40,000.00 40,000
Water/Dust Control 1 LS 20,000.00 20,000
Traffic Control 1 LS 15,000.00 15,000
319682
Signing/Striping
1
LS
30,000.00
30,000
Mobilization
1
LS
, 20,000.00
20,000
Landscaped Median
1
LS
332,000.00
332,000
Dry Utilities
1
LS
30,000.00
30 000
Right-of-way Acquisition
- North Side
1
LS
40,000.00
40,000
Agency and Professional
Fees and Contingencies
1
LS
107 550.00
_ 107.550
PHASE II TOTAL ESTIMATED
COST
3 eZa_SRn
PHASES I AND II ESTIMATED
COSTS
$2,955,650
3196B2
Exhibit "J"
TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT
STANDARD CITY FORM
Provide a copy of a completed State Board of Equalization Sales Tax Report
EXHIBIT "D"
SPECIFIC PLAN
devclrk.red
329682
SPECIFIC PLAN
PREPARED FOR
STAMKO DEVELOPMENT CO. and THE CITY OF LA QUINTA
June 12, 1997
3M
APPROVED BY CITY COUNCIL
ON 31A IS
g'Am - �
ip S-1 - 02,1
4DMAINIERO, SMITH AND ASSOCIATES, INC.
In Conjunction With
WALKER/RANCOURT + ASSOCIATES
and
HORTON SHEPARDSON ASSOCIATES
319682
THE CENTRE AT LA QU I NTA
SPECIFIC PLAN
PREPARED FOR
STAMKO DEVELOPMENT CO.
r_l0101
THE CITY OF LA QUINTA
MAINIERO, SMITH AND ASSOCIATES, INC.
IN CONJUNCTION WITH
WALKER/RANCOURT + ASSOCIATES
HORTON SHEPARDSON ASSOCIATES
June 12, 1997
319682
THE CENTRE AT LA QUINTA
Table of Contents
Section I. Summary
1.10 Purpose ................................................ p.1
1.20 Executive Summary ...................................... p. 2
1.20.1 The Land ................ .................. p.2
1.20.2 The Project .................................. p. 4
1.20.3 The Process .................................. p. 8
1.20.3.1 Relationship to General Plan ............... p. 8
1.20.3.2 Relationship to Zoning and Development ...... p. 8
1.20.3.3 Relationship to Other Agencies ............. p. 11
Section II. Specific Plan
2.10 Project Description .......... p. 12
2.10.1 The Site .................................... p. 12
2.10.2 Site Plan ................................... p. 12
2.10.3 Landscape Plan .............................. p. 12
2.10.4 Utilities ..................................... p. 12
2.10.5 Art in Public Places ........................... p. 13
2.20 Phasing .............................................. p. 14
2.20.1 Phasing Description ........................... p. 14
2.20.2 Infrastructure Phasing ......................... p. 14
2.20.3 Grading .................................... p. 15
2.20.3.1 Grading Plan ........................... p. 15
2.20.3.2 Erosion Control ......................... p. 15
2.20.3.3 SWPPP/NPDES ........................ p. 15
2.30 Drainage/Flood Control ................................... p. 18
2.30.1 Hydrology ................................... p. 18
2.30.2 Flood Control Master Plan ..................... p. 18
2.30.3 On -site Storm Water Retention .................. p. 18
2.30.3 Nuisance Water .............................. p. 19
2.40 . Utilities ................................................ p. 20
2.40.1
Sewer Plan .................................
p. 20
2.40.2
Water Plan ..................................
p. 20
2.40.2.1 Well Site ..............................
p. 20
2.40.3
Electrical Plan ...............................
p. 20
2.40.4
Other Utilities ................................
p. 21
319682
2.50 Land Use .............................................
p.27
2.50.1 Land
Use Plan ...............................
p. 27
2.50.1.1
Auto Mall .............................
p. 27
2.50.1.2
Mixed Regional Commercial Development ....
p. 29
2.50.2 Development Standards .......................
p. 31
2.50.2.1
Permitted/Conditional Uses ................
p. 31
2.50.3 Design Guidelines ............................
p. 32
2.50.3.1
General Architectural Theme ..............
p. 32
2.50.3.2
Acceptable Building Materials ..............
p. 32
2.50.3.3
Colors ................................
p.32
2.50.3.4
Roofs....................I.............
p. 32
2.50.3.5
Equipment Screening ....................
p. 32
2.50.3.6
Fencing and Walls ......................
p. 33
2.50.3.7
Site Lighting ...........................
p. 33
2.50.4 Project Operations ............................
p. 34
2.50.4.1
Project Operations -Auto Mall ..............
p. 34
2.50.4.1.1
Site Plan ..............................
p. 34
2.50.4.1.2
Lighting ...............................
p. 35
2.50.4.1.3
Noise .................................
p. 35
2.50.4.1.4
Special Events .........................
p. 35
2.60 Circulation. ............................................ p.37
2.60.1 Overview ................................... p.37
2.60.2 Off -site Circulation Plan ........................ p.37
2.60.3 Public Transportation/Transportation Demand Mgmt.. p.37
2.60.4 On -site Circulation Plan ........................ p. 39
2.60.4.1 La Quinta Centre Drive ................... p. 39
2.60.4.2 Auto Centre Drive/Auto Centre Way ......... p. 39
2.60.4.3 Mixed Regional Commerical Center Circulation p. 39
2.70 Landscape
.............................................
p. 41
2.70.1
Landscape
Concept ...........................
p. 41
2.70.2
Landscape
Development Standards ..............
p. 41
2.70.3
Landscape
Palette ............................
p. 42
2.70.4
Landscape
Maintenance .......................
p. 43
2.80 Signage............................................... p. 44
2.80.1 Signage Concept ............................. p. 44
2.80.1.1 Signage Concept -Auto Mall ..................... p. 44
2.80.1.2 Signage Concept -Mixed Regional Commercial Center p. 45
319682
Section III Appendices
Appendix A- Conditions of Approval
Appendix B - General Plan Policies
Section IV Environmental Impact Report
319682
TABLE OF EXHIBITS
The Centre at La Quinta
Exhibit 1
Aerial Photo .............................................
p. 3
Exhibit 2
Overall Site Plan .........................................
p. 5
Exhibit 2-1
Phase I & II Site Plan .....................................
p. 6
Exhibit 2-2
Phase III Site Plan ........................................
p. 7
Exhibit 3
City General Plan ........................................
p. 9
Exhibit 4
City Zoning ............................................
p. 10
Exhibit 5
Grading/Drainage Plan ...................................
p. 16
Exhibit 6
Utilities- Sewer .........................................
p. 22
Exhibit 7
Utilities - Telephone .....................................
p. 23
Exhibit 8
Utilities - Natural Gas ....................................
p. 24
Exhibit 9
Utilities - Electrical .......................................
P. 25
Exhibit 10
Utilities - Water .........................................
p. 26
Exhibit 11
Street Cross Sections .....................................
p. 38
Exhibit12
Landscape Palette ......................................
p.42
Exhibit 13
Landscape - Highway 111 Cross Section .....................
p. 46
Exhibit 14
Landscape - Highway 111 Concept Plan .....................
p. 47
Exhibit 15
Landscape - Adams Road ..................................
p. 48
Exhibit 16
Landscape - Auto Centre Drive .............................
p. 49
Exhibit 17
Signage - Plan ..........................................
p. 50
Exhibit 18
Signage - Monument Signs ................................
p. 51
Exhibit 19
Signage - Building .......................................
p. 52
329682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
1.10 PURPOSE
The purpose of this Specific Plan is to set forth . the detailed development
principles, guidelines, and programs to facilitate the development of an 87 acre
site located on the south side of Highway 111 between Adams Street and Dune
Palms Road. The project is called The Centre at La Quinta.
This Specific Plan is intended to meet the requirements for a Specific Plan as set
forth in State law. The State authorizes cities and counties to adopt Specific
Plans as appropriate in implementing their General Plans. Such a plan is to
include the detailed regulations, conditions, programs, and any proposed
legislation that is necessary for the systematic implementation of the General
Plan. The Specific Plan provides the linkage between the General Plan (and the
general goals and policies of the City) and the detailed implementation of that
plan with tools such as zoning ordinances, subdivision ordinances, and the like.
The Government Code (Section 65451) sets forth the minimum requirements of
a Specific Plan and states:
"A Specific Plan shall include a text and diagram or diagrams which
specify all of the following in detail:
1). The distribution, location, and extent of the uses of land, including
open space, within the area covered by the plan.
2). The proposed distribution, location and extent and intensity of
major components of public and private transportation, sewage, water, drainage,
solid waste disposal, energy, and other essential facilities proposed to be located
within the area covered by the plan and needed to support the land uses
described by the plan.
3). Standards and criteria by which development will proceed, and
standards for the conservation, development, and utilization of natural resources,
where applicable.
4). A program of implementation measures including regulations,
programs, public works projects, and financing measures necessary to carry out
paragraphs (1), (2), and (3)."
The Specific Plan shall include a statement of the relationship of the specific plan
to the General Plan. The establishment of specific performance, design, and
development standards is set forth to guide the development of the subject
property in such a way as to implement the General Plan while maintaining
some flexibility to respond to changing conditions which may be a factor in any
long term development program. The document -also -acts -tom augment the Citv's
.mooning. Ordinance by providing partic7i r design guidelines, a tailoned list of
allowable, conditionally atlowab�fe;-a d coh bited¢uses for the site, and unique
development standards.
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
1.20 EXECUTIVE SUMMARY
1.20.1 THE LAND
The Centre at La Quinta is a proposed mixed commercial development on 87
acres of property located at the southeast corner of Highway 111 and Adams
Street in the City of La Quinta. The property is delineated by the City's General
Plan as Commercial Park and Mixed/Regional Commercial and is zoned
Regional Commercial (CR). This zoning type allows a wide range of commercial
activities as outlined in the attached excerpt from the City's recently adopted
Zoning Ordinance (Appendix B). The site is vacant and exhibits characteristics
of the stabilized sand dune formations found in this part of the Coachella Valley.
The site is generally flat (portions had been previously cultivated) but has some
dune formations with an elevational difference of up to 25 feet.
The site has nearly 2300 feet of frontage on Highway 111 and also abuts Adams
Street on the west side of the project. Property to thesouth-is_vac and is
zoned for reside;&aL. uses Property to the east is an underdeveloped
"c0mm&r6at s e with a single home and a small date grove. Dune Palms Road
lies approximately 300 feet to the east of the site. Property to the north, across
Highway 111 is vacant. Property directly west is partly vacant and zoned for
commercial uses and partly developed residential property (Lake La Quinta).
The site is shown on an aerial photograph in Exhibit 1.
Commercial use of the subject site was analyzed in the City's General Plan EIR
which was approved in 1992. The Environmental Conservation Element of the
General Plan identified the subject property as being potential habitat to the
Coachella Valley Fringed Toed Lizard and within the approved Habitat Fee area.
2
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319682
EXHIBIT 2
SITE PLAN
Q4
N10911-1
3W 100'
SPECIFIC PLAN
THE CENTRE AT LA OUINTA,
STAMKO DEVELOPMENT
Malniero, Smith and Assoc.
P1wring/Engheeft
Walker/Rancourt + Assoc.
ArchRecture
Horton/shepardson Assoc.
Landscape Archfieckwe
5
319682;
ss' r•- 4 r
i
AY WALL
Hk-j, 4 A v
FUNRE SGNAL
V MASOWY WALL
Phase I and
Site Area
Bl�gd .. Area
Mgr, lAc�
Site 1
4.03 Acres
40,000 Sf.
35 Ft
Site 2
3.10 Acres
22,000 St.
35 Ft
Site 3
4.04 Awes
27,600 Sf.
35 Ft.
Site 4
427 Acres
30,000 Sf.
35 Ft.
Site 5
5.02 Acres
31,600 Sf.
35 Ft
Site 6
3.07 Acres
28,000 Sf.
35 Ft
Site 7
322 Acres
32,600 St.
35 Ft
Site 8
3.93 Acres
32,600 Sf.
35 Ft
Site 9
421 Acres
30,000 Sf.
275,OW3Y.
35 Ft
319682
EXHIBIT 2-1
SITE PLAN
PHASE I AND II
-----------
� SPECIFIC PLAN
THE CENTRE AT LA OUNTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Fkwk g/Engneerin9
Walker/Rancourt + Assoc.
Architecture
Horton/Shepardson Assoc.
Landscape Architecture
6
31968z
FUTURE SKWAL Pm cfnr REcxFEMEW
FOR ULTWWTE ROW.
1 S' DEDICATION
(70' HALF -STREET) 50' AVMAG3E LANDSCAPE PARKWAY
--RIGHT IN/RIGHT OUT ACCESS
i
l
minmnimn
■uml
------
1
Phase
-Ta
Bulking 1
8,000 Sf.
1
26
Bing 2
8,000 SI.
1
25
Buik&ng 3
8,000 St.
1
25'
BukkQ 4
8,000 SI.
1
26-
Building 5
130,000 8f.
2
40'
Buiding 6
78,000 St.
2
40'
Wdrig 7
100,000 St
1
40'
Building 8
60,000 8I.
1
40'
400,000 9f.
EXHIBIT 2-2
SITE PLAN
PHASE III
SPECIFIC PLAN
THE CENTRE AT LA OUIWA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
PwrkQ/Bvh0e ft
Walker/Rancourt + Assoc.
Architecture
Horton/Shepardson Assoc.
Landmpe Architecture
7
31968Z
SPECIFIC PLAN THE CENTRE AT LA QUINTA
1.20.3 THE PROCESS
1.20.3.1 RELATIONSHIP TO THE GENERAL PLAN
Implementation of development within the Centre at La Quinta Specific Plan area
is intended to carry out the goals and policies contained in the General Plan of
the City of La Quinta in a planned and orderly fashion. All development within
the Centre at La Quinta Specific Plan shall be consistent with the provisions of
the La Quinta General Plan. The General Plan Land Use for the site is shown in
Exhibit 3.
Among the important provisions of the General Plan which will be implemented
upon the development of The Centre at La Quinta include:
• Land Use -The General Plan delineates the Highway 111 corridor as a
Mixed/Regional Commercial (M/RC) land use. The proposed project is
consistent with the approved land use. The Specific Plan sets forth the
maximum Floor Area Ratio (F.A.R) for the project at .18, well under the
maximum F.A.R. for M/RC uses (.35).
• Circulation -The Circulation Element of the General Plan outlines the design
and location of required street improvements to complete the transportation
system in the City. The Centre at La Quinta will complete portions of two
important links in the City's circulation network: Highway 111 and Adams
Street. Included in the improvements will be sidewalks, bicycle links, bus
stops, and signal improvements.
• Roadway Image Corridors -In addition to roadway improvements, the project
will implement special roadway corridor improvements which will evoke the
unique identity and character sought by the City of La Quinta.
• Water Quantity and Quality -The Specific Plan outlines the use of drought
tolerant planting and irrigation techniques and incorporates a grading concept
designed to retain stormwater on site to assist in recharge of groundwater
supplies.
• Infrastructure=The Specific Plan incorporates plans to complete the
infrastructure which lies adjacent to the project site.
1.20.3.2 RELATIONSHIP TO ZONING AND DEVELOPMENT PROCESSES
The property is already properly planned and zoned for the uses projected for
the site. Exhibit 4 depicts the zoning on and surrounding the site. The City of La
Quinta requires a Specific Plan to establish an overall master development plan
in the circumstance of the CR zoning classification. In addition to the Specific
0
319682
IF
i
09 GEM OF &4THE DESERT
sr-& ■r-r'% A ■ r%l w lkl
kNU U5t IJULIU Y UTALiMAM
:SIDENTIAL LAND USES
.DR VERY LOW DENSITY RESIDENTIAL (0-2 DU/AC)
�� LOW DENSITY RESIDENTIAL (2-e DU/AC)
DRI MEDIUM DENSITY RESIDENTIAL (<-a MAC)
M MEDIUM HIGH DENSITY RESIDENTIAL (8-12 DwA
So HIGH DENSITY RESIDENTIAL (t2-is DWAC)
ZI RURAL RESIDENTIAL OVERLAY
)MMERCIAL LAND USES
MIXED/REGIONAL COMMERCIAL
COMMUNITY COMMERCIAL
IC -1 NEIGHBORHOOD COMMERCIAL
COMMERCIAL PARK
■ OFFICE
TOURIST COMMERCIAL
C� VILLAGE COMMERCIAL
NON-RESIDENTIAL OVERLAY
'HER LAND USES
® URBAN MIX
IC I MAJOR COMMUtcry FACILITIES
PARK FACILITIES
OPEN SPACE
GOLF COURSE OPEN SPACE
WATERCOURSE/FLOOD CONTROL
t``;; r"
w nY r�l'7#-i:_ 50
EXHIBIT.3 3
CITY
GENERAL PLAN
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planning/EngkverkV
Walker/Rancourt + Assoc.
Ardtitecture
Horton/Shepardson Assoc.
Landscape ArcMecture
own
"*-envi
40
_ • t 1
IILLII Ia .,� �'r_•�'- •
Yu til � w �' iw '• � a: �•
!� tfFllilltNI�t ..■Ml ErK- M i�
p yfln 1/atl7tn111 „_�-b■tf�371 � � ■ -`=�s�•
�! ItI�Ut'u. gitt It r■ m . an . ■ 'S
■ ~- ♦ a J : i• iP • •
C
__ _._ .._ _.....■
now; '
1 �
Lfl
fi -41
Cot
Ji
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
Plan, the processing for entitlements proposes the inclusion of a Development
Agreement, a Tract or Parcel Map, and a Conditional Use Permit for the
automobile dealerships. Individual applications will be under normal City
requirements at the time of the application for Site Development Permits
(architecture, landscape architecture, signage, final grading, etc.).
Those uses which may require Conditional Use Permits as set forth in the Zoning
Ordinance of the City of La Quinta, shall submit such an application unless
otherwise specified within this Specific Plan. Such conditional uses could
include mixed use commercial and residential, wholesaling, vocational schools,
bars and taverns, and health clubs among others.
1.20.3.3 RELATIONSHIP TO OTHER AGENCIES
In addition to City approvals, permits will be required by Caltrans for the work
along Highway 111, and by the Coachella Valley Water District (CVWD) for
moderate extensions to water and sewer lines. Other infrastructure extensions
will be required by the Imperial Irrigation District for electrical power, General
Telephone Company (GTE) for telephone service and Colony Cablevision for
cable TV service.
11
31968,2
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.10 PROJECT DESCRIPTION
2.10.1 THE SITE
The site is an 87 acre parcel located on the southeast corner of Highway 111
and Adams'Street in the City of La Quinta. The site is currently vacant although
the northern half of the property served at one time in an agriculture production
capacity. The Centre at La Quinta is a multiple use regional commercial project
designed around two main uses. The westerly half of the 87 acre site will be
devoted to automobile sales and auto related commercial in an integrated auto
mall; the easterly portion is expected to be developed as a mixed regional
commercial center with a series of freestanding and attached buildings
comprising 400,000 square feet of floor space.
2.10.2 SITE PLAN
The site plan will feature required, extensive, coordinated landscape buffers to
both Highway 111 and Adams Street which will implement the City's Highway
111 streetscape planning efforts (ongoing during the project's planning phase);
significant building setbacks to both adjacent public streets; controlled, signalized
vehicular access from both streets (upon warrants); and integrated architecture,
landscape architecture and signage concepts established through the Specific
Plan and controlled through private CC&Rs as well as City processes.
2.10.3 LANDSCAPE PLAN
The landscape concept follows a "desert oasis" theme emphasizing water
efficient materials exhibiting color and form with a deemphasis on the use of turf
areas. Parking areas in the mixed regional center will feature the concept of a
high canopy tree form to reduce the conflict between landscape elements and
project graphics. The auto mall will use tree forms sparingly and concentrate
landscape form and color along the street frontage of each site. Turf areas will
be integrated into the landscape in front of each dealership. Most landscape
areas throughout the project will be used for storm water retention.
2.10.4 UTILITIES
Utility extensions will be moderate with most utilities existing at the perimeter of
the site. Some upgrades will be required by the individual utility companies
providing service to the property. (Exhibits 6 to 10 depict the utility
improvements planned in conjunction with the project). A well site will be
provided to the CVWD at the southwest corner of the property, fronting on
Adams Street. Street widening implementing the General Plan will be installed
concurrently with Phase. I and Phase II or Phase III. The timing of Highway 111
12
SPECIFIC PLAN THE CENTRE AT LA QUINTA319682
improvements will be at the discretion of Caltrans working with the City Public
Works Department.
2.10.5 ART IN PUBLIC PLACES
The requirement for Art in Public Places will be fulfilled in an integrated fashion
with the concept embedded in the overall plan from the onset. The prime
location for such an installation is expected to be the generous landscape
setback along Highway 111. The average distance from the curb to the project
in this area will be 62 feet which will include a sidewalk/bikepath and possibly a
bus stop.
Due to the probable differential in timing between Phases I, II and III, and with
the different scale and type of development between the west and east sides of
the project, it may be appropriate to tailor the Art in Public Places concept
individually for each half.
13
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.20 PHASING
2.20.1 PHASING DESCRIPTION
As currently scheduled, the project will be phased with Phases I and II
comprising the auto mall which can be expected to be completed in year 2000
and Phase III comprising the mixed regional commercial center which can be
expected to be completed in year 2005. See Exhibit 2 for phasing. Phase I will
comprise five parcels for auto dealerships with Phase II adding four parcels for
additional dealerships and/or auto related commercial. No more than two of the
parcels in Phase II may be developed with uses other than auto dealers. The
uses expected to be developed if dealerships are not secured are outlined in
Section 2.50.2.1.
Phase III is the easterly half of the property and is planned to accommodate a
mixed regional commercial center. Phase III is expected to begin in year 2000
and be completed in year 2005. The intensity and scope of Phase III will be less
than the approved General Plan and existing zoning for the site. As such, the
General 'Plan sets forth the development potential as a retail commercial
development with a maximum floor area ratio (FAR) of up to .35. This would
translate to a development up to 580,000 square feet. This Specific Plan sets
the development intensity of Phase III at 400,000 square feet of floor area.
Phase III will be broken down into four additional subphases.
For purposes of this Specific Plan, the FAR will be calculated on the basis of the
gross site area. This shall not be construed to allow a higher density than
allowed by the General Plan.
2.20.2 INFRASTRUCTURE PHASING
The first phase of infrastructure development will coincide with Phase I and will
include the westerly frontage portion of Highway 111 (curb/gutter, landscaped
parkway, and necessary infrastructure extensions) and the entire frontage of
Adams Street (curb/gutter, landscaped median, landscaped parkway, and
infrastructure extensions). La Quinta Centre Drive as well as Auto Centre Drive
and Auto Centre Way, will be completed with the Phase I along with the on -site
infrastructure located within the street right-of-way. Utilities will be extended to
the site as necessary.
The second phase of infrastructure will coincide with either the issuance of the
first grading permit for Phase III, the issuance of the first building permit for
Phase II, or the expiration of three (3) years following the recordation of the
parcel map in connection with the project. The improvements will consist of the
completion of Highway 111 improvements including the landscaped median
along with utility extensions as necessary across the remainder of the project's
14
319682
S
SPECIFIC PLAN THE CENTRE AT LA QUINTA
frontage. Exhibits 6 through 10 depict the location and scope of infrastructure
improvements.
2.20.3 GRADING
2.20.3.1 GRADING PLAN
The auto mall portion of the site (Phases I and II) and the internal road system
will be mass graded as part of the initial site preparation. The rough pads will be
established for the individual dealership and/or auto related commercial sites. It
is estimated that the grading operation will move approximately 125,000 yards of
dirt and there will be a net balance on the site.
The mixed regional commercial center (Phase III), is also designed to be mass
graded to establish rough pads for the various end users at the onset of the
development of that phase. The grading for this phase is estimated to require a
similar 125,000 yards and result in balanced grading for the project. Exhibit 5
depicts the rough grading and drainage concept for the property.
2.20.3.2 EROSION CONTROL
The grading operations shall include adequate provisions for wind and water
erosion control both during as well as after grading operations have ceased.
This will include treatment of the Phase II sites which may remain undeveloped
for several years. The details of erosion control shall be included in the project's
Storm Water Pollution Prevention Plan (SWPPP) and PM 10 Plan.
Prewatering--The site shall be prewatered to a depth of three feet prior to the
onset of grading operations.
During Grading --Once grading has commenced, and until grading has been
completed, watering of the site and/or other treatment(s) determined to be
appropriate shall be ongoing.
Post Grading --All disturbed areas shall be treated to prevent erosion for the
term that the area will remain undeveloped. Wherever feasible, final
landscape and irrigation shall be installed.
2.20.3.3 SWPPP/NPDES/PM 10
Since the Coachella Valley experiences periods of moderate to heavy wind
conditions, wind-blown dust and sand is a concern with mass grading operations,
especially those in excess of five acres in size. Because of health concerns, the
Environmental Protection Agency has instituted a plan in the valley to curb
excess PM 10 (small particle dust). The City also participates in the National
Pollutant Discharge Elimination System program. The grading concept for the
project will involve two phases of mass grading, each being approximately half of
15
,r—T�P75QQ) 31968.2
SKWAL --6'MASONRY WALL TP
...... FUTURE L
W AVE LANDSCAPE
PARKWAY
RIGFff KIRIGFU
—W T AC' ESS
ow
PAD I - - - -- -1 - 77777777
PAD !
71.0 171.0
i t
A-]
Ft:R
TP (62.5) I 69.0
I Llj
-HP
FLAZ TP
TP-HP
7 .0
0
)-AC XASS TO
,o4DAW STREET - , �l; 0 O� f TP 66.0
PAD
'oo"t0000PAD
0000p 69.0
ul.
........... ........... .........
SE7BACK
wi
PAD
62.0
PAD ► r / j
63.0
TP 57.0
0 ;.r in
COMMON
TP 59. RETENTION
AREA
PAD
.7
PAD
62.0 61.0
CvwD
WELL
FM CnY FEOUFE4AEW
FOR ULIVAATE R.O.W.
r
330.01
EXHIBIT 5
GRADING/
DRAINAGE PLAN
Q0
NOM
asw =w 3W 4w
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
DRAINAGE CONCEPT -
MAJORITY OF oNsrTE FLOWS DRAWN
TO LANDSCAPE EASEMENTS ON
PERIMETER OF LOTS.
0 HIGHWAY ttl AND ADAMS STREET
DRAIN TO LANDSCAPE EASEMENTS
ALONG RIGHT OF WAY.
30 SMALL OUANTITIES OF STORM WATER
OVERFLOWS TO SMALL COMMON
RETENTION AREA AT SOUTH END OF
LA OUINTA CENTRE DRIVE.
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planring/Engbeering
Walker/Rancourt + Assoc.
Architecture
6 MASONFf'(W," L
Horton/Shepardson Assoc.
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
the 87 acre site or about 43.5 acres in size. The City of La Quinta requires
SWPPP, NPDES and PM 10 plans to control the wind and water born erosion
associated with such grading operations. The project will comply with the City's
requirements relative to these programs.
17
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.30 DRAINAGE/FLOOD CONTROL
2.30.1 HYDROLOGY
The Centre at La Quinta lies in a Zone C flood zone as determined by FEMA.
Zone C includes areas that are not considered to be subject to flooding in a 500
year event. There are no tributary flows that have to be accommodated in the
development of the site. On site flows must be managed including the City's
requirement for on -site retention of all storm water from a 100 year storm.
2.30.2 FLOOD CONTROL MASTER PLAN
The stormwater drainage system in the City of La Quinta is administered by the
CVWD. Generally speaking, the system consists of improvements to the natural
drainage channels that run through the City. There is no planned collection
system to drain individual sites into these channels as there is a capacity
limitation. The development of property must include provisions to insure that no
additional storm water is conducted into these channels.
No drainage fees are required by the City or CVWD.
2.30.3 ON -SITE STORM WATER RETENTION
The City of La Quinta in conjunction with the CVWD requires each development
to include provisions for the retention of all storm water attributed to the site. The
design storm which creates the worst case scenario is a 100 year, 24 hour event.
The Centre at La Quinta proposes to use the project's landscape areas for this
retention. Each site within the auto mall will capture its storm water with
retention being accomplished primarily in the landscape setback area along the
internal, public streets. The total retention area will be approximately 7 acre-feet.
The mixed regional commercial center in addition to retaining the storm waters
attributed to it, will also retain the storm water attributed to the public, on -site
street system. It will also use its landscape areas for this purpose. The mixed
regional commercial center retention requirement will be approximately 8 acre-
feet.
Water falling on the perimeter public streets will be conveyed into the adjacent
landscape setbacks for retention. The volume of this retention will be
approximately .5 acre-feet. The overall grading .and drainage plan is shown in
Exhibit 5.
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.30.3 NUISANCE WATER
Nuisance water attributed to the project will be collected and directed to areas
within the landscape. A series of dry wells will be installed to percolate this
water. The amount of nuisance water is expected to be reduced due to the use
of water efficient landscape and irrigation materials.
19
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.40 UTILITIES
The Centre at La Quinta is well served by utilities and is situated in a corridor
planned for a relatively intense scope of commercial development. No major
utility extensions are anticipated in conjunction with the project.
2.40.1 SEWER PLAN
Sanitary sewer facilities for La Quinta are provided by CVWD. The nearest
sewer main is located on the west side of the site in Adams Street. The project
will gravity flow to the main in Adams Street. No upsizing of facilities will be
required. Exhibit 6 shows the schematic design for sewer facilities.
2.40.2 WATER PLAN
Water facilities for La Quinta are provided by CVWD. A 12" main exists in
Highway 111 and there is an 18" main in Adams Street. CVWD will require an
18" main that connects the Adams Street main to the Highway 111 main through
the subject site. In addition, an 18" main will be constructed in Highway 111
from the main project entry to the easterly property line. Exhibit 10 shows the
schematic design for water service.
2.40.2.1 CVWD WELL SITE
A 0.55 acre well site located at the southwest corner of the project is proposed to
be dedicated to the CVWD. CVWD will develop the property. The location of the
well site is shown on the Site Plan, Exhibit 2.
2.40.3 ELECTRICAL PLAN
Electric facilities in La Quinta are provided by the Imperial Irrigation District. The
nearest substation is located at Adams Street and the Whitewater River
Channel. The District indicates that the design of the electrical service will
depend on final load calculations for the overall project. The District will require
the installation of underground facilities through the auto mall to join with future
projects either to the east or to the south of the auto mall. The District will
temporarily serve the project with an overhead connection to existing facilities on
Adams Street. Exhibit 9 shows the schematic design for electrical facilities.
20
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.40.4 OTHER UTILITIES
Natural gas is provided by the Southern California Gas Company. The nearest
facility is a 6" line located in Highway 111 along the northerly frontage of the site.
The conceptual plan for natural gas service is shown in Exhibit 8.
Television cable service is provided by Continental Cable Vision with the nearest
facilities located in Highway 111 abutting the site. Service will be extended to the
site from this point of connection.
Telephone service will be provided by GTE. Fiber-optic cable will be available at
the corner of 48th Avenue and Adams Street. GTE expects to serve the project
from this location. Exhibit 7 shows the proposed connection for the telephone
system.
Waste disposal service is provided by Palm Desert Waste Management. Plans
for incorporating recycling facilities shall be considered with each phase of
development. Facilities shall be reviewed for compliance with all City ordinances
by Community Development Staff upon submission of Site Development Plans.
21
-
319GS2
.--- OC�T�EYJST NGSnNAL
/
6' AIRY WALL
-.
, �y�
�R CITY PeouwwEl��I
A�,,/•��a/�
AVE ♦GC
PCR Ul-n- •l JE R.nnIY .' .
PARKWAY
,
OIiT ACCESS
Dealer p u iDealer pad 2
4 {}3 ACRES j �� ' it If J -� - {
! 3.10 ACRES De$lei p81c i 3 ��f � ! !
4.0Y ACRES
XISTING 18" SEWER -
PLAZA j Lb J
\ `
a I CCESS TO
ADAM STREET
`'-
" PROPOSE[ 8" SEWER
''' Dealer ad 5
a Q p Dealer pad 4 �.
eC i 4.27 ACRES
PROPOSED 8" SEWER
{ - {I i
y
Nli
VIALL 4ZI
i.
Dealer pad f �
3.07 ACIRES,
�I PROPOSED 8" SEWER
u j
7
+ Dealer pad, Auto ReiaLd CortTw s!
d Deer padjAi o Reis.::d CGrar dwaJ
3.8'? ACRES r-------� r----- —�
G 3.�33 ACRES
c� . ,
WELL.
I-- -
� - 6' MASON9Y WALL
3�4.ot
ybt $:G
EXHIBIT 6
UTILITIES
SEINER
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planning/Engineering
Walker/Rancourt + Assoc.
ArcNtecture
Horton/Shepardson Assoc.
Landec" Arctitecture
n
•.
319682
~,f CELOQ61EExsSiiNG 6 MASONRY WALL
SKXAL
- 1C-ik�AY`
---___
FUTURE Sr-44A _
Dealer pad 1
Dealer pad 2 ,
3:10 ACRES Dealer pad 3
-PROPOSED TELEPHONE 40,; ACRES
i
,---PLAZA
� pDAI;,tS � C �• _._.
ad 4
a Dealer ad I Dealer p Ijl!
D �
3 I 5.02 ACRES ; , ! 4.27 ACRES
GTE PROVIDED
�-�----FIBER—OPTICITJ
i , CABLE
CO t3i �
:............�................
•
S �`TBACK
I.�.� Dealer dad 9
{ :.
L
6'MASONRY
S" WALL
JL�I
4211 AC? ES
� �f
Deal-r peal 6
ACRES
I
f
PROPOSED
TELEPHONE
�.
i
FEouFeAFNT
FpR t)t_IWTE R.O.W.
_____► -�
jD
5' AVE. LA105GAFE
PARKWAY
i r— RIC,HT IN/RIC-4T
_- _Qk ACCESS
DoaW padlkt.#o Pwlafed corT (, Uesies' pad/Auto fieiatOc! Gom'r,wcW
3.82 ACRES 3_93 ACFF_S
_.
w : , cvkND
Q
�F
EXHIBIT 7
UTILITIES
TELEPHONE
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planning/Engneering
Walker/Rancourt + Assoc.
Arctitecture
Horton/Shepardson Assoc•
LandwApe Arditecture
6' MASONRY WALL
23
319682
--F •e_oC�,TE EXSnNG
6* MASONRY WALL S MAIN
EXISTING 6" GA
50' AVS AINDSCAPE
ENT
FUTURE SAL PERC" PEOUFEk
L
FOR ULTIMATE A-O.W. PARKWAY
PJGHT 1N,/fVG.HT
6ACCESS
6"1 G
Dealer pad 1
Dealer pad 2
4.03 ACRES
3.-* ACRES Dealer pad 3
PROPOSED GAS MAIN OA
4. ACRES
PLAZA
E-
ACCESSTO
ADAM STREET
�T i 0
deal pad 5 COD
eae Dealer pad 4 /Z
5 02 ACRES 4.27 ACRES
tu
LLJ
.....................
Dealer pad 9
67 MASO�Mff Lu
(!;),, 4-';q ACf:r=S
VIALL
j.
Dealer Pad
lui
42 11 AC' Rd"
< 3,07 ACRES
-eefrp
.E W� I.
. , k ,
-�a "eE�
E-WA--,(ir1CFir�
----7--777777
7
PROPOSED GAS MAIN
De �-er Piaui A-0 --a—
I pad/Aut.o Baiat�d Corwrarcial
3.82 ACRES
3-->3 ACRES
C ci
M.
cvwD
1 WELL L ------------
<i
—6 MASONRY WALL
EXHIBIT 8
UTILITIES
NATURAL GAS
0
NORTH
mw 3W 4w
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Meiniero, Smith and Assoc.
Planning/Engineering
WWker/Rancourt + Assoc.
Arc Htedure
Horton/Shepardson Assoc.
Landscape Aratecture
J17bO,G
319682
�' 'LpC-IFE EXlSTNVG 6• MASONRY WALL.
LANDSCAPE
Y'1=. FUitIRE SIGNALpER CITY F.wG't11�'� 50' A
t,lL71MA
O.W.PARKWAY
(66,
%Ar'CE
C+UT
rn
I . Dealer pad 1
Dealer pad 2 if- _ -
4.03 ACRES Dealer pad 3 � � f I � ;
330 ACRES`— -- �` -__--
PROPOSED ELECTRICAL 4.04 ACRES
E _
\-ACCESS TO
ADAM'SSTREET
',�
3�Q I I d 4
�!
i
,a
7
lam.
R
Dealer pad
j 5.02 ACRES 4.27 ACRES '+P
EXISTING IID
OVERHEAD 1j,�. -- - -----
TRANSMISSION
�I1
LINES
4 I�
sEr>3AC: Dealer pad
WALL j 4 21 A CFES 1 1
I! Dealer pad 6 rl
I i tom;
3.07 ACRES
1 PROPOSED ELECTRICAL
� 1 �'_PTO-£E�'iTtE��(�c�-sr�-~'t+•�
1 .
u Ii •
u; '7 �
D"er pad%Alo Reiaf*d CpT-WrO..r. W Da= Padf�Oto Be%ted CCf' ', -
3.82 ACi�S
- I 3.33 ACRESj
CVWD
,alEL -- ----- -----
6' MASONIM WA'.
h
N
.Y.o,
EXHIBIT 9
UTILITIES
ELECTRICAL
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planning/Engineen9
Walker/Rancourt + Assoc•
Ardtiteaure
Horton/ShepardsOn Assoc.
Landscape Ard tecture
25
319682
1 ' • -;, RELOCATE EXISTING EXISTING 12" WATER
1� �-6 MASONRY WALL
`12" W y
L AFE
. .
-- - _ - FOR ULTIMATE R. I PARKWAY
- _
1 RiC�-ri ��
(
Dealer pad 1 f _
Dealer pad 2 } -
4.03 ACRES 3.10 ACRES Dealer pad L_1
_:
EXISTING 18" WATER 4.04 ACRES i
-trrJ �i -PROPOSED 18" WATER
PROPOSED
i oa ___�- ---__ <Y\ t� ".d 18" WATER ' cd
10
A' -'LESS TO
ADASTREET
JvI,a
f I
`
4
r pad ; i Q � Deo1.,. } ' 1 Deal;�r pad � - �
Ir
5.02 ACRES � � 4.2' ACRES • ' .
I
sETaAc�c
....... , .. i Dealer pad 9
`4 ,
VMASOWY
QI WALL j i l'. 4Z. ACRES r I
1 i
pSd3
R
41
3.07 ACRES
'
PROPOSED
_.. _ _
.•
12" WATER
o
w
I
7
R
I i
djAuqo Nsse, pad, FWo Re _--� �----
. �+
I
3.Q2 AVFES
3.93 ACRES
y
dS
VV
N
j
1
wVWD
-r�
a
m
EXHIBIT 10
UTILITIES
WATER
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planning/Eng'neerbV
Walker/Rancourt + Assoc.
Arctitecture
Horton/Shepardson Assoc.
Landscape ArcWtecture
6 MAS tom' WP
26
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.50 LAND USE
2.50.1 LAND USE PLAN
The proposed plan indicates two distinct land use programs. The westerly half
(43.5 acres) of the project is devoted to automobile sales and delineates sites for
nine dealerships and/or auto related commercial on no more than two of the
parcels in Phase II. These sites range from 3 acres to nearly 6 acres. These
parcels will take access internally, via a public road system. The easterly portion
of the site (43.5 acres) will share a signalized access at Highway 111 with the
auto mall. A site development alternative which appears feasible includes
multiple 'large box" pads, restaurants and entertainment and office uses as
depicted in Exhibit 2.
The Specific Plan establishes development standards for the entire site including
an integrated design for the Highway 111 and Adams Street frontages. These
standards will include considerations for building siting, architecture, lighting,
landscape, public art, and storm water retention. These guidelines are intended
to be consistent with the La Quinta General Plan goals, policies, and objectives.
The key General Plan provisions are reiterated in Appendix B.
2.50.1.1 Auto Mall
The development of the auto mall portion of the project will be done via a series
of freestanding dealerships and/or auto related commercial structures. A limited
number of common area improvements are planned including an upgraded
street design, limited common customer parking, and a vertical accent feature
located in the center of a circulation roundabout. The parcelization of the auto
mall anticipates nine lots which are programmed as follows:
Parcel 1
Lot Size: 4.01 acres
Facilities: Showroom/Offices:
7,000 s.f.
Parts:
6,000 s.f.
Service (48 stalls)
27.000 s.f
Total
40,000 s.f.
Anticipated personnel
80
Parcel 2
Lot Size: 3.08 acres
Facilities: Showroom/Offices:
7,000 s.f.
Parts:
4,000 s.f.
Service (20 stalls)
11.400 s.f.
Total
22,000 s.f.
Anticipated Personnel
50
27
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
Parcel 3
Lot Size: 4.00 acres
Facilities: Showroom/Offices:
8,000 s.f.
Parts:
4,000 s.f.
Service (20 stalls)
15,600 s.f.
Total
27.600 s.f.
Anticipated Personnel
80
Parcel 4
Lot Size: 4.27 acres
Facilities: Showroom/Offices: 10,000 s.f.
Parts: 6,000 s..f.
Service (20 stalls) 14,000 s.f.
Total 30,000 s.f.
Anticipated Personnel 60
Parcel 5
Lot Size: 5.01 acres
Facilities: Showroom/Offices:
8,000 s.f.
Parts:
5,000 s.f.
Service ,20 stalls)
18,100 s.f.
Total
31,100 s.f.
Anticipated Personnel
80
Parcel 6
Lot Size: 3.07 acres
Facilities: Showroom/Offices:
8,000 s.f.
Parts:
4,000 s.f.
Service (20 stalls)
16,000 s.f.
Total
28,000 s.f.
Anticipated Personnel
80
Parcel 7
Lot Size: 3.76 acres
Facilities: Showroom/Offices: 8,500 s.f.
Parts: 4,800 s.f.
Service (18 stalls) 18,300 s.f.
Total 32,600 s.f.
Anticipated Personnel 100
28
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
Parcel 8
Lot Size: 3.76 acres
Facilities: Showroom/Offices: 8,500 s.f.
Parts: 4,800 s.f.
Service (18 stalls) 18,300 s.f.
Total 32,600 s.f.
Anticipated Personnel 100
Parcel 9
Lot Size: 4.25 acres
Facilities: Showroom/Offices: 8,800 s.f.
Parts: 5,600 s.f.
Service (20 stalls) 15,600 s.f.
Total 30,000 s.f.
Anticipated Personnel 80
Thus the total development anticipated in the auto mall involves approximately
43.5 acres (gross), contains 275,000 square feet of facilities (FAR = .15) and
employs approximately 710 people. The maximum development for Phases I
and II without further review shall be 275,000 s.f. or an FAR of .15.
While it is expected that all of the sites will be developed with auto sales and
related uses, the sites in Phases One and Two may develop pursuant to the
allowance for uses as set forth in the Zoning Ordinance except as further
delineated in Section 2.50.2.1.
2.50.1.2 MIXED REGIONAL COMMERCIAL DEVELOPMENT
The 43.5 acre eastern portion of the site, if developed to the full potential set
forth in the City's General Plan (FAR of .35), could generate up to 580,000
square feet of commercial floor space which by City standards would require
2300 parking spaces. A development of this intensity would probably entail
either a mid -rise development, multi -level parking structures, significant shared
parking such as suggested under ULI guidelines, or a combination of these
techniques. However, this Specific Plan limits the maximum square footage of
commercial floor space to 400,000 square feet with an FAR of .25 which is far
below that allowed by the General Plan.
Taking City of La Quinta requirements into account, including parking standards
and dimensions, setbacks, open space, and storm water retention, and current
commercial development patterns, this development will rely on surface parking
with primarily one story and a limited amount of two story construction. Such a
plan would yield over 2000 parking spaces and would support 400,000 square
feet of development (FAR .25).
M
319GS2
SPECIFIC PLAN THE CENTRE AT LA QUINTA
Considered together with the auto mall, the total development for the entire
project reaches 675,000 square feet which is an FAR of .18; only 51 % of the
allowable intensity set forth in the General Plan.
In order to maintain views to the nearby mountain vistas, the building massing
proposed in Phase III will limit the building height along Highway 111 to 35 feet
and will establish minimum openings between buildings of 25 feet.
C
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.50.2 DEVELOPMENT STANDARDS
The CR zoning development standards contained in the City of La Quinta Zoning
ordinance shall be followed except where specifically modified by this Specific
Plan.
2.50.2.1 PERM ITTED/CONDITIONAUPROHIBITED USES
The City's Zoning Ordinance delineates the range of allowed, conditionally
allowable and prohibited uses for each zoning classification. A limited number of
deviations from these standards are proposed within this Specific Plan. Also,
due to the nature of the auto mall concept being proposed in phases one and
two, a master Conditional Use Permit may be approved to cover all of the
dealership sites. In addition, this Specific Plan modifies the Zoning Ordinance list
of allowable and conditionally allowable uses in Phases I and II as follows:
The following uses may be approved by the Planning Commission under
Conditional Use Permit procedures:
1. Car Rental Agencies
2. Car Insurance Agencies
3. Car Wash (Full Service or Self Service)
5. Body Shop including Painting
4. Accessories, Retail and Installation
5. Glass Installation
6. Detailing
7. Upholstery
8. Public Auto/Recreation Vehicle Storage
The following addition to the CR zone list of "Principle Uses" which would be
permitted in Phase III of the Centre at La Quinta:
1. Retail stores, over 50,000 sq/ft floor area
The reason for this addition is that this use fits particularly well into the concept
of a mixed regional commercial center and would be controlled internally through
the property management entity. The municipal concerns over such use could
be controlled through the approval of the Specific Plan and additional
discretionary approvals would be an unnecessary duplication of effort.
31
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.50.3 DESIGN GUIDELINES
2.50.3.1 GENERAL ARCHITECTURAL THEME
The desired architectural style of the project is contemporary desert based on
early California Mission, Spanish, southwest and similar themes found in La
Quinta.
2.50.3.2 ACCEPTABLE BUILDING MATERIALS
A. Stucco (hand smoothed or vertical -raked textures preferred).
B. Masonry: flagstone, adobe, Spanish style brick, split faced block, or
fluted, split faced block.
C. Wood: Exposed, heavy timber, rough sawn beams, glu-laminated beams
and peeler poles with stain finish (transparent or opaque).
D. Glass Block.
E. Weathering Metals: Copper, iron, bronze used as accents and detail
areas.
2.50.3.3 COLORS
The general color scheme shall be a range from off-white to medium earth tones.
Wood shall be stained using medium to dark earth tones and complementary
southwest colors (aqua, teal, terra cotta, whitewash).
2.50.3.4 ROOFS
Hip, gable and shed roof designs or combinations thereof consistent with the
general architectural theme are acceptable and encouraged for main building
masses. Acceptable roofing materials for pitched roofs include clay tile, and
weathering metals. Where clay tile materials are used, a multi -hued mixture of
earth tones (terra cotta, buff, olive, and the like) shall be used.
Although the use of clay the and weathering metal roofs is recommended
throughout, it is not specifically required for secondary or service building roofs
provided other roof designs are not incompatible with the general architectural
theme.
2.50.3.5 EQUIPMENT SCREENING
Roof mounted mechanical equipment, ductwork and vents shall be screened
from view by an architectural device consistent with the building design.
32.
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.50.3.6 FENCING AND WALLS
Automobile service areas and service shops, shall be effectively screened from
view by masonry walls of the same or complementary materials as the main
building walls.
2.50.3.7 SITE LIGHTING
On site lighting source for display or parking lot lighting shall be metal halide
fixtures mounted on square tubular steel poles, 24 ft. in height above finish
grade.
Front line or perimeter poles shall be 5" x 5" square tubular steel with two 1000
watt metal halide fixtures.
Interior poles shall be 5" x 5" square tubular steel with three or four 1000 watt
metal halide fixtures.
Security lighting shall be similar to display lighting except that fixtures may be
reduced to 400 watts.
General: All lighting shall be designed and located so as to confine direct light
within the project boundaries (including landscape buffer areas located along
Highway 111 and Adams Street).
The lighting systems shall be designed and installed so fixtures are mounted
perfectly horizontal with no tilt to the mounting.
Fixtures shall be equal to "LSI " Citation Series.
Pole shall be mounted to bases with anchor bolts and shall have sheet metal bolt
covers. No direct burial poles shall be used.
33
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.50.4 PROJECT OPERATIONS
2.50.4.1 PROJECT OPERATIONS -AUTO MALL
The auto mall operations are set forth to insure that they are fully understood to
be a part of the Specific Plan. While there will be a Conditional Use Permit in
place, it is the intent to delineate the elements which will comprise the
operational characteristics of the auto mall to facilitate long term management of
the Specific Plan and the ongoing land use of this part of the overall project
2.50.4.1.1 SITE PLAN
One of the main functions of the site plans for the dealerships within the auto
mall is to accommodate a great deal of vehicle storage. The design of the
facilities may treat these storage areas separate from the requirements of the
City dealing with automobile parking standards, including but not limited to
elimination of striping, curbs, shading, and access. Vehicle storage and display
may be accommodated on roofs as well as in surface facilities.
Customer parking areas shall comply with the requirements of the Zoning
Ordinance relative to off-street parking.
One City standard that does not directly apply to the auto dealerships in this
project is that of an individual loading zone for each business. Due to the unique
characteristics of this land use, the overall site plan has been developed to allow
off-loading of vehicles within the right-of-way cross section of the internal streets
(Auto Centre Drive and Auto Centre Way). The design of the cross section
includes a striped, center lane that will double as a left turn lane as well as the
unloading area for vehicles.
The fifty foot landscape setback area along Highway 111 may incorporate
vehicle displays subject to Planning Commission review and approval.
Vehicle storage areas will be screened from public view by means of a solid
masonry wall up to 6 feet in height and/or landscape materials including
mounding. In particular, the storage areas abutting Highway 111 and Adams
Street will require particular attention. The required landscape easements (50
feet and 20 feet respectively) shall be designed to enhance the screening of
vehicle storage as well as service and work areas.
34
319GS2
SPECIFIC PLAN THE CENTRE AT LA 0UINTA
2.50.4.1.2 LIGHTING
A key tool in marketing and selling vehicles is adequate night lighting of display
areas. Control of the lighting is proposed by selecting lighting fixtures that will
direct light away from the perimeter property lines and toward the vehicle display
areas. Fixtures will be "shoe box" type lights mounted on 24 foot high poles.
Typically, two to four 1000 watt, metal halide lights are mounted on each pole.
In front line display areas along Auto Centre Drive, Auto Centre Way, and La
Quinta Centre Drive, the poles will be spaced approximately on 40' centers. In
secondary areas, the poles will be approximately 60' on center with three to four
fixtures per pole. In rear storage areas, the poles will be spaced approximately
80' to 100' on center.
Since the City of La Quinta has generally maintained low lighting levels, this
lighting for this project shall be consistent with lower lighting levels wherever
practical. All lighting will comply with the City's "Dark Sky" ordinance.
2.50.4.1.3 NOISE
The operation of auto dealerships will include repair and service of vehicles.
Service departments typically operate between the hours of 7:00 a.m. and 6:00
p.m., five or six days per week. It is the intent of this Specific Plan that the layout
and design of the vehicle service department will be a side entrance facility. This
design requirement will contain much of the noise generated by this type of
activity. The, layout of individual dealerships shall orient the service department
openings of the perimeter sites away from the residential area to the south and
west.
A second design requirement will be the prohibition of a general usage public
address system. There are a variety of communication systems available that
can replace p.a. type devices for most applications. These alternatives include
pagers, and personal telecommunication systems. During the life of this project,
other improvements in communications should also be expected.
2.50.4.1.4 SPECIAL EVENTS
The auto mall operation will include regularly scheduled special events designed
to increase the flow of traffic into the center. These special events shall be
limited to no more than 40 total days per year for the auto mall with no single
event lasting more than 10 days. Concurrent or jointly sponsored events held on
the same day shall count as a single day regardless of how many dealers
participate. These special events may not utilize searchlights. However, laser
displays and other similar technologies or techniques may be used upon
35
SPECIFIC PLAN THE CENTRE AT LA QUINTA 3196gz
approval by the City during those special events. In no case shall any such
lighting activity continue after 10:00 p.m. or after business hours. All special
events under this entitlement shall be individually approved by the Community
Development Director with the Temporary Use Permit process.
36
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.60 CIRCULATION
2.60.1 OVERVIEW
The Centre at La Quinta proposes to develop the adjacent street system in a
manner consistent with the City of La Quinta General Plan Circulation Plan and
also in accord with Caltrans requirements. The property is located on Highway
111, a State highway designated by the City's General Plan as a Major Arterial
requiring a half street of 70 feet. The site also abuts Adams Street designated
as a Primary Arterial for which the General Plan calls for a half street of 55 feet.
Additional right-of-way dedication and street improvements for both streets will
be required as a condition of approval of the project. The timing and design of
improvements for Highway 111 will be coordinated with Caltrans.
2.60.2 OFF -SITE CIRCULATION SYSTEM
The existing conditions around the site include partial improvements on both
abutting public streets. The General Plan standards for improvements which will
be required in conjunction with this project are consistent with other recent road
improvements for both Highway 111 and Adams Street. The construction of the
required improvements will continue the process of implementing the adopted
General Plan Circulation Plan.
In addition to pavement, curb, gutter, median and sidewalk/bikepath
improvements, traffic signals are planned at the project's main access points to
both Highway 111 and Adams Street (at 47th Avenue) if warrants are met and
would be installed at such time as warrants are met. In addition, the existing
traffic signal at Adams and Highway 111 will be upgraded.
Exhibit 11 shows the proposed cross sections for the streets affecting the
project.
2.60.3 PUBLIC TRANSPORATION/TRANSPORTATION DEMAND
MANAGEMENT
Bus turnouts and shelters shall be provided as a part of the project's public street
improvements pursuant to requirements of Sunline Transit, the Public Works
Director and Caltrans.
Prior to issuance of building permits for individual Site Development Permits,
applicants shall submit a Transportation Demand Management (TDM) Plan to
the Public Works and Community Development Departments. The plans shall
37
R/MI
0' P.U.E.
R/W
10' P.U.E.
LA QUIN IA GtN I Kt UKIVG (pUDIIC)
Painted Median (no parking)
NOT TO SCALE
AU I U (;tN I Kt WAT kpUDIIC) kwn:n parKing)
AUTO CENTRE DRIVE (public) (with parking)
NOT TO SCALE
319682
RnM -
0' P.U.E. 10P.U.E. --
12' -
R/W
P.U.E.
c1x:e �o-� SECTION C—C AGATE BASE
LA QUINTA CENTRE DRIVE (public)
Raised or Painted Median (no parking)
NOT TO SCALE
s Au
Cu
AUAMJ J I fCCC l
NOT TO SCALE
CA
R/W 70'
12'
SIDEW
BARRIER CURB---
A.C.
ANOARo-/ SECTION E—E
sr STATE HIGHWAY 111
CURB s GUTTER
NOT TO SCALE
AGGREGATE BAS
CURB
R/W
0' P.U.E.
R/W
R/W
CURB & CURER
BASE
W o -
EXHIBIT 11
STREET CROSS
SECTIONS
SPECIFIC PLAN
THE CENTRE AT LA GIUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
my in9/Enghowty
Walker/Rancourt + Assoc.
Architecture
Horton/Shepardson Assoc.
Landscape Architecture
38
SPECIFIC PLAN THE CENTRE AT LA QUINTA
31968z
address capital improvement and operational standards as set forth in the City's
TDM Ordinance. Any transit related improvements required by the Sunline
Transit Agency as a condition to development will not constitute compliance with
the plan submittal requirements.
2.60.4 ON -SITE CIRCULATION SYSTEM
The 87 acre site is generally bisected by a main north/south drive (La Quinta
Centre Drive) that separates the auto mall from the mixed regional commercial
site. The auto mall is further served by Auto Centre Drive and Auto Centre Way
which also provides direct access from 47th Avenue. The mixed regional
commercial center will develop its own internal circulation system which will be
designed to interconnect with the road system established in Phases I and II with
the auto mall.
2.60.4.1 LA QUINTA CENTRE DRIVE
La Quinta Centre Drive will be a roadway which starts at the landscaped entry
from Highway 111 with two lanes in each direction and a total right-of-way of 88
feet. A landscaped median will divide the main drive at Highway 111. From that
point to the intersection with Auto Centre Drive, there will be a painted median
that will also serve as the center left turn lane. Southerly of the intersection, the
road reduces to one lane in each direction with a painted center median and a
total right-of-way of 60 feet. There will be no on -street parking allowed. La
Quinta Centre Drive will be a dedicated public road. No individual site access will
be allowed north of Auto Centre Drive with full access allowable southerly of that
intersection.
2.60.4.2 AUTO CENTRE DRIVE/AUTO CENTRE WAY
The internal access for the individual dealer and/or auto related commercial sites
will be provided by dedicated public roads (Auto Centre Drive/Auto Centre Way)
each with a right-of-way of 74 feet. This section, consistent with the General
Plan collector street, will accommodate two travel lanes, parking on both curbs
and a center left turn lane that will also be used for vehicle unloading. Auto
Centre Drive also provides a direct connect to Adams Street which aligns with
47th Avenue.
2.60.4.3 MIXED REGIONAL COMMERCIAL CENTER CIRCULATION
The mixed regional commercial center circulation plan is depicted on the overall
site plan. However, the final circulation design will depend on the ultimate users
and the configuration of buildings. The circulation design should take the loop
road into consideration and access to the mixed regional commercial center
39
SPECIFIC PLAN 319682THE CENTRE AT LA QUINTA
should align with the loop road if practical. The interior circulation system should
include an identifiable "collector" road which could be either private or public
depending on final design.
The interior roadway design should take proper engineering principles into
account including but not limited to adequate distance between intersecting
drives and eliminating conflicts between backing vehicles and travel lanes.
A right-in/right-out drive to Highway 111 is proposed toward the easterly property
line to allow east -bound vehicles to egress the project without having to return to
La Quinta Centre Drive. This drive will also provide a second point of access
from Highway 111 for those motorists who miss La Quinta Centre Drive.
40
SPECIFIC PLAN 319682
THE CENTRE AT LA U/NTA
2.70 LANDSCAPE
2.70.1 LANDSCAPE CONCEPT
The landscape concept follows a "desert oasis" theme emphasizing water
efficient materials exhibiting color and form. Parking areas in the mixed regional
commercial center will feature the concept of a high canopy tree form to reduce
the conflict between landscape elements and project graphics. The auto mall will
use tree forms . sparingly and concentrate form and color along the street
frontage of each dealership and/or auto related commercial use. Most
landscape areas throughout the project will be used for storm water retention.
The project will feature extensive streetscapes along both Highway 111 and
Adams Street. The concept of the westerly (auto mall) portion of the site will be
to enclose the dealerships with a six foot walled enclosure and incorporating a
graphic identification system into the required 50 foot landscape setback area.
The easterly (mixed regional commercial center) plan will incorporate the
landscape buffer into the overall plan. No wall will be required east of the main
entry with the exception of the overall entry treatment including possible project
signage.
The City of La Quinta is developing a streetscape program for Highway 111. It is
the intent of this Specific Plan to complement that effort by incorporating design
principles into the guidelines for the project. One area that the Specific Plan will
have to deviate from the streetscape program will be the tree palette. The
Highway 111 streetscape concept uses mostly flowering trees which are not
appropriate in the circumstance of auto dealerships. Trees of similar shape and
size will be used; however, flowering trees will not be required along the auto
mall portion of the Highway 111 frontage.
2.70.2 LANDSCAPE DEVELOPMENT STANDARDS
The Centre at La Quinta will meet the minimum standards for landscape as set
forth in the Zoning Ordinance.
41
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.70.3 LANDSCAPE PALLETTE
Landscape materials selected for detailed landscape plans shall be chosen from
the following materials:
MASTER PLANT LIST- Exhibit 12
TREES
ACACIA SMALII
SWEET ACACIA
ACACIA STENOPHYLLA
SHOESTRING ACACIA
CERCIDIUM FLORIDUM
BLUE PALO VERDE
CERDIDIUM PRAECOX
SONORAN PALO VERDE
GEIJERA PARVIFOLIA
AUSTRALIA WILLOW
LYSILOMA THORNBERI
FEATHER BUSH
SOPHORA SECUNDIFLORA
TEXAS MOUNTAIN LAUREL
PALMS
CHAMAEROPS HUMILIS MEDITERRANEAN FAN PALM
WASHINGTONIA FILIFERA CALIFORNIA FAN PALM
WASHINGTONIA ROBUSTA MEXICAN FAN PALM
SHRUBS
CAESALPINIA PULCHERRIMA
RED BIRD OF PARADISE
CASSIA SPECIES
CASSIA
ENCELIA FARINOSA
BRITTLE BUSH
JUSTICIA SPICIGERA
MEXICAN HONEYSUCKLE
LEUCOPHYLLUM C. SPECIES
TEXAS RANGER
NERIUM OLEANDER'PETITE PINK'
DWARF OLEANDER
NOLINA PARRYI
DWARF MEXICAN GRASS TREE
RAPHIOLEPIS (.'SPECIES'
INDIA HAWTHORN
SALVIA G. 'SIERRA LINDA'
SAGE
SIMMONDSIA CHINENSIS
JOJOBA
THEVETIA PERUVIANA
YELLOW OLEANDER
XYLOSMA CONGESTUM 'COMPACTA
DWARF XYLOSMA
GROUNDCOVER
ANNUAL COLOR
SEASONAL FLOWERS
ACACIA R. 'DESERT CARPET
TRAILING ACACIA
BACCHARIS CENTENNIAL
BACCHARIS
DALEA GREGGII
PROSTRATE INDIGO BUSH
LANTANA MONTEVEDENSIS
PURPLE PROSTRATE LANTANA
LANTANA M. 'GOLD SPOT'
YELLOW PROSTRATE LANTANA
OENOTHERA BERLANDIERI
MEXICAN PRIMROSE
ROSMARINUS O. 'LOCKWOOD FOREST'
DWARF ROSEMARY
SANTOLINA VIRENS
GREEN SANTOLINA
42
31968Z
SPECIFIC PLAN THE CENTRE AT LA QU►NTA
VERBENA RIGIDA VERBENA
PALM SPRINGS'GOLD' GRAVEL TAILINGS
WILDFLOWERS
DESERT WILDFLOWER MIXTURE CALIFORNIA POPPIES, VERBENA,
ETC.
2.70.4 LANDSCAPE MAINTENANCE
A landscape maintenance handbook shall be established to develop standard
maintenance practices for the overall project. Of particular concern, is to allow
tree forms to fully develop in the parking lot areas in order to achieve the
required percentage of shading as set forth in the Zoning Ordinance.
Landscaping maintenance for the auto mall portion of the project shall be under
a single maintenance contract managed by the Property Owners Association.
Similarly, the landscape for the mixed regional commercial center shall also be
under a single maintenance contract managed by the center or by the Property
Owners Association in the event that multiple ownership exists.
43
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.80 SIGNAGE
2.80.1 SIGNAGE CONCEPT
Comprehensive sign plans shall be in place for each Phase of development prior
to the issuance of building permits for that phase. The main principle of the
comprehensive sign plan shall be compliance with the Sign Ordinance portion of
the La Quinta Zoning Ordinance.
Monument signs shall conform to the City of La Quinta standard of 8 feet
maximum height except for the primary project monuments which may be 12 feet
high as shown in Exhibit 18.
2.80.1.1 SIGNAGE CONCEPT -AUTO MALL
Due to its unique retailing and land use concept, the auto mall has turned
inward, away from Highway 111 to equalize the location factor across the site.
Although only three of the dealerships have technical "frontage" on Highway 111,
each dealer will be afforded one graphic identification sign in the landscape
setback area along Highway 111. In addition, overall center identification signs
will be utilized along Highway 111; one monument sign west of the main entry
and one near the corner of Adams Street and Highway 111. At the entrance on
Adams Street an identification sign may be allowed providing identification to
both the auto mall as well as the mixed regional commercial center. Exhibit 18
shows the conceptual monument signs proposed for Highway 111 and Adams
Street.
Once inside the auto mall, each of the dealers will be allowed the following
signage:
1. One ground mounted "Dealership Identification" sign per franchise not to
exceed 40 sq. ft. per face. This sign is primarily for manufacturer's identification.
2. One wall mounted "Dealership Identification" sign with 24" maximum
height letters. Letters shall be channel can, plex-faced, internally illuminated.
3. One secondary wall or fascia mounted sign for each department (used
cars, service, parts, and body shop). Sign shall be of appropriate size to be
seen from the internal loop street and shall be sized to it the architectural
element on which it is located.
4. Directional signs as necessary as approved by the Director of Community
Development.
Exhibit 19 depicts the sign locations and design concept for the interior
identification signs for the auto dealers.
44
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
2.80.1.2 SIGNAGE -MIXED REGIONAL COMMERCIAL CENTER
The appropriate signage for the ultimate user(s) of this portion of the project will
only be determined upon development of a detailed site and use plan for the site.
The signage concept shall include a single -sign allowance per main building
entrance. Alternative locations may be considered based on the most effective
use of graphic identification.
Multi -tenant buildings shall integrate a concept for graphics into the architectural
scheme which shall become the basis for the comprehensive sign plan for the
complex. Freestanding signs may identify the building only; not individual
tenants. Single user, freestanding buildings may use freestanding, monument
signage.
The mixed regional commercial center shall be allowed two complex
identification signs; one east of the main entry on Highway 111 and a second
sign near the easterly access point. The center may utilize signage at major
access points off La Quinta Centre Drive. Major tenants (GLA over 50,000 s.f)
may be identified on the complex signs.
Exhibits 17 and 18 depict the sign locations and design concept for the
identification signs for the retail center portion.
45
319682
SECTION - HIGHWAY 11 7 PARKWAY
1 /8"='1'—O" 0 .
Lit"s
HORTON
SHEPARDSON
ASSOCIATES
LANMCAN AP006CFW
EXHIBIT 13 31
LANDSCAPE
HWY 111 X-SECT
SPECIFIC PLAN
THE CENTRE AT LA QUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planing/Eng'meering
Walker/Rancourt + Assoc.
Arctitecture
Horton/Shepardson Assoc.
Landscape Arcttitecture
-•,f
46
aasssz
-
WAI-I- wl GAP
GDWMN� @ la? 0.0-
10001p,-
wlrJf�- �ipvwAt K-
G�f�C-,Te, MOWPPND
AUTO OEALERS
LAWO
HIGHWAY I I
PLAN - HIGHWAY I I I PARKWAY
1 !l=203=033
r;7I x 10CI WALLA,
�MATZ%��
�At,� �IC�NAGI✓
�_rVP�TIoNl:�7
PF
NA p'll
HORTON
SHEPARDSON
ASSOCIATES
L&4b,W„mC.,C,m
EXHIBIT 14
LANDSCAPE
HWY 111 CONCEPT
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smyth and Assoc.
Planning/En4mering
Walker/Rancourt + Assoc.
ArchRechre
Horton/Shepardson Assoc.
Landscape Architecture
47
319682
319682
EXHIBIT 15
19682
S PARKWAY d
PLAN ADAM /\►)/ - ���
"I
4�TRr—,E�—T
�l
%k
vj m
,AUTO
HORTON
SHEPARDSON
ASSOCIATES
LANDSCAPE
ADAMS STREET
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planning/EnOtwirJ
Walker/Rancourt + Assoc.
Architecture
Horton/Shepardson Assoc.
Landscape Architecture
48
f* -
SECTION—ADAMS PARKWAY-1/4"=V-055
.31y68�
_ . c �`►
LAwr1 .. i
• c -
i
I
�u�tar P�-nr�
TO CENTRE ®R1�/'E
PLAN —'AUTO u�c s
7 "= .0'-0"
FAK101PIM
HORTON
SHEPARDSON
ASSOCIATES
v, W.AA MwiscAM
EXHIBIT 16 3 9ss2
LANDSCAPE
AUTO CENTRE
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
- Planring/Engheering
Walker/Rancourt + Assoc.
Arcmecture
Horton/Shepardson Assoc•
Landscape Arctitecture
49
SECTION
- AUTO CENTRE DRIVE-1/4"=1'-o"
319682
6 MASONRY WALL
SKWAL
FLqURE SK3NAL
�WA Y
Qj
Dealer pad 1
Dealer pad 2
4.03 ACRES WO ACRES Dealer pad 3
4,^ A y'yArintz
PLAZA
try
-4-
�-ACCESS TO
ADAMS STREET
010
Dealer pad 5 Dealer pad 4
5.02 ACRES i i4271 ACFC-S
rk-
........... ........ 1.3D...
Lb
SEMACK Dealer pad 9
6' MASONnyl lam;
WALL 4.21 ACRES
Dealer pad 65
3.07 ACRES
V.
7
DesW paw - y Aliat7E)eater pad/Araary Ado U444 r--..
3B2 ACRES 323 ACRES
WELL
Scr=-
61 MASMRY WALL
FER CV REOUFOEW
W AVE. "NDSCAPE
FM ULIV,%Tc- R.O.W.
PARKWAY
I)EDICAMN
R10-ff W/RK*ff
ouTkCCESS
-------------
PARKMI
PARK',NG
PARKW-%
i1:11.0 I
EXHIBIT 17
SIGNAGE
PLAN
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
SIGN PROGRAM
OAUTO CENTER MONUMENT
REGIONAL CENTER MONUMEN
I '� - COMBINED AUTO/REGIONAL
'*A
MONUMENT
UP — DEALER ID MONUMENT
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Pjanring/Engheerhg
Walker/Rancourt + Assoc.
Ar&Aecture
Horton/Shepardson Assoc.
Landscape Architecture
50
O.Lud?Jz
319682
ENTRY MONUMENT
47 TH �AVE 3/s"°�'-o"
,r�RT'lFl C/LAl- F,0C-K
pleo3oar l
po�S
DEALER SIGNAGE
3 /8"=1'-®"
ENTRY MONUMENT
HWY 1 '1 1 3/83'-1 5-o"s
,I�
HORTON
SHEPARDSON
ASSOCIATES
uwukK wOmaw
EXHIBIT 18
SIGNAGE
ONUMENT SIGN
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planning/Eng'neering
Walker/Rancourt + Assoc.
Ardtitectu'e
Horton/SheWdson Assoc.
Landscape Arddecture
51
r
319682
ii
SOUTH ELEVATION
BUILDING IDENTIFICATION
MONUMENT IDENTIFICATION
EXHIBIT 19
SIGNAGE
BUILDING
SPECIFIC PLAN
THE CENTRE AT LA OUINTA
STAMKO DEVELOPMENT
Mainiero, Smith and Assoc.
Planting/Erxjneeft
Walker/Rancourt + Assoc.
Ar&Aecture
Horton/Shepardson Assoc.
Lw)dec" Ard tecture
52
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
APPENDIX A
CONDITIONS OF APPROVAL
(To be Added)
319682
SPECIFIC PLAN THE CENTRE AT LA QUINTA
APPENDIX B
APPLICABLE GENERAL PLAN POLICIES
319682
APPLICABLE GENERAL PLAN POLICIES
The General Plan of the City of La Quinta was adopted in 1992 and included the
Goals, Objectives and Policies that were deemed necessary to properly
implement the plan. The key policies which come into play with the development
of the subject property are as follows:
2.0 LAND USE ELEMENT
2-2.1.1 "The General Plan shall utilize the building floor area to site
area ratio (F.A.R.) as the appropriate standard for commercial land use
intensity. F.A.R. shall be defined as the gross floor area of a building
divided by the net area of the commercial parcel of land. Net area is the
total area of a site minus the area dedicated as public street right-of-way."
Table LU-4 further defines the F.A.R. in the M/RC category as a maximum
of 0.35 with a building height of four stories. Such use is limited to the
Highway 111 corridor.
2-3.1.1 "The M/RC category shall provide areas for businesses
serving the entire region with a trade area typically exceeding 100,000
people. Businesses allowed to locate the M/RC areas shall include major
retail commercial tenants associated with a regional mall, off -price retail
outlet and/or 'power center.' Other businesses permitted in the M/RC
category include regional service centers, research and development
facilities, major community facilities and/or major medical -related facilities.
overnight commercial lodging uses, entertainment uses, as well as
automobile uses of a regional nature, may also be included."
2-3.1.9 "A specific plan must be approved prior to any land division
or other development approval action of projects in the M/RC areas."
2-3.1.10 "Project approvals and redevelopment agreements for
projects in M/RC areas shall stipulate phasing of construction and.
responsibility for public facility improvements."
2-3.1.11 Design of projects in M/RC areas shall include appropriate
standards to establish adequate buffers and land use compatibility
between commercial and residential uses both within and the mixed -use
project and with surrounding property."
2.3.12 "The City shall require the development and integration of
'Employment Support Services' in the M/RC Category including such uses
as childcare, occupational health, fitness facilities, etc."
319682
3.0 CIRCULATION ELEMENT
3-2.1.7 "Development projects along Highway 111 shall dedicate
right-of-way as specified by Caltrans (California Department of
Transportation) to provide a maximum right-of-way of 172 feet, or as
needed by Caltrans. The City will coordinate with Caltrans and the
Coachella Valley Association of Governments (CVAG) to identify regional
options for relieving the growth of future traffic demands in the Highway
111 Corridor."
3-3.1.1 "Access to all major and primary arterials shall be restricted
to intersection locations and other approved points of ingress and egress."
3-3.1.3 "The City shall institute street access guidelines consistent
with the functional roadway classifications. These shall be applied, where
feasible, to all new developments. The following guidelines shall be sued
to define appropriate access:
a). The City shall restrict individual driveway access to Major and
Primary Arterials wherever possible. -
b). Access to Major and Primary Arterials shall be limited through
the use of medians and access controls to maintain street capacity.
c). When permitted, access along arterial and collector streets
shall be located a minimum of 250 feet from the ends of the curb returns."
3-3.1.4 "In order to enhance and protect the capacity and safety of
the circulation system and reduce potential traffic conflicts, the City shall
require the consolidation of driveway access points along roadways
classified as collector and arterial."
3-4.1.1 Special roadway image corridors and City gateways which
evoke a unique identity and character throughout the City shall be
designated on Figure CIR-5, Streetscape Image Policy Diagram."
3-4.1.2 "Primary image corridors shall be defined as streets in the
roadway network which are the major urban design statements of the City.
Primary image corridors shall consist of boulevard streets with raised,
landscaped medians and heavily landscaped areas within and contiguous
to the street right-of-way. Primary image corridors shall include landscape
themes which are reminiscent of La Quinta's agricultural past and desert
environment. Primary image corridors may include vertical elements such
as palm trees complemented with a shade -producing understory of
canopy trees, such as indigenous, drought tolerant desert species. More
water intensive understory canopy trees, such as various citrus species,
319682
should be used sparingly in does at key locations as highlights and
reminders of past agricultural activities. Ground plane landscape
materials should evoke a lush image through the use of drought tolerant,
low maintenance plant species. Turf should be used in a manner
consistent with citrus trees --sparingly and in high visibility locations.
Primary image corridors shall include street traffic signals, street lighting
systems, street furniture, bus shelters, street name signs, and noise
berms/barriers which are designed in a coordinated and consistent theme
unique to La Quinta. At key intersections, primary image corridors shall
include treatments which may include special roadway paving,
hardscape/screen wall arrangements and displays of public art."
3-4.1.3 "Primary image corridors shall include the following
roadways: Highway 111."
3-4.1.4 "Secondary image corridors shall be defined as streets in
the roadway network which are the secondary urban design statements of
the City. Secondary image corridors shall consist of streets with raised,
landscaped medians and landscaped areas within and contiguous to the
street right-of-way. Secondary image corridors shall be consistent with
primary image corridors relative to similar landscape materials, street
traffic signals, street lighting systems, street furniture, bus shelters and
street name signs. However, secondary image corridors shall emphasize
the use of lower profile indigenous canopy trees, accentuated with the use
of citrus trees in various nodes. The use of taller, vertical landscape
elements shall be de-emphasized and shall occur in nodes, primarily at
street intersections."
3-4.1.5 "Secondary image corridors shall include the following
roadways: Adams Street (south of the Coachella Valley Stormwater
Channel)"
3-4.1.10 "Along primary, secondary, and agrarian image corridors the
City shall establish appropriate building height limits to ensure a low
density character and appearance."
3-4.1.11 "Landscaped setbacks are necessary to ensure a high
quality and attractive appearance on major streets. Setbacks for walls,
buildings and parking areas may vary, if properly designed, but shall
generally be as follows:
• Highway 111 - 50 feet
• Other Major Arterials - 20 feet
Landscaping within these setback areas shall be consistent with the
appropriate image corridor designation, if applicable."
319682
3-4.1.17 "The City's streetscape quality shall be improved by
undergrounding of utilities wherever possible."
3-4.1.18 "Prevention of visual blight shall be enhanced by the
administration of a comprehensive sign ordinance."
3-5.1.5 "The City shall coordinate with Sunline Transit to establish
transit stops adjacent to medical facilities, senior citizen facilities, major
areas of employment, shopping centers and parks."
ENVIRONMENTAL CONSERVATION ELEMENT
6-1.1.2 "The City shall utilize street corridors to provide scenic vistas
of the Coral Reef and Santa Rosa Mountains. Landscaped setbacks
along streets shall be required pursuant to Policy 3-4.1.11 in the
Circulation Element of the General Plan. The setbacks are as follows:
Highway 111 - 50 feet; Other Major Arterials - 20 feet.
AIR QUALITY ELEMENT
9-2.1.1 "In accordance with the California Environmental Quality Act
(CEQA), the City shall require all proposed developments to evaluate the
air quality impacts of the proposed use. The applicant shall submit an air
quality analysis if the project meets one of the following threshold criteria
of significance for air quality or threshold levels for land uses identified in
the most recent version of the South Coast Air Quality Management
District's Air Quality Handbook for preparing Environmental Impact
Reports.
Air quality analyses for new development shall locate sensitive receptors
near the project and assess probable exposure to the project's emissions.
If the project will have a significant impact on air quality, the analysis must
propose suitable mitigation measures as identified in the South Coast Air
Quality Management District's Air Quality Handbook for preparing
Environmental Impact Reports."
9-8.2.5 'The City shall administer the provisions of the existing
Outdoor Illumination Ordinance (Dark Sky Ordinance) to help limit night
time energy consumption from lighting."
319682
EXHIBIT "E"
CONDITIONAL USE PERMIT
devclrk.red
319682
RESOLUTION NO.97.65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA (5UINTA, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW AUTOMOBILE SALES AND
SERVICE
CASE NO.: CONDITIONAL USE PERMIT 97-034
APPLICANT: STAMKO DEVELOPMENT CO.
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 80' day of July, 1997, hold a duly noticed Public Hearing to consider Stamko
Development Co. to allow automobile sales and services at the southeast comer of Adams
Street and Highway 111.
WHEREAS, the City Council of the City of La Quinta, California did on the
1 r day of July, 1997, hold a duly noticed Public Hearing to consider Stamko Development
Co. to allow automobile sales and service at the southeast comer of Adams Street and
Highway 111.
WHEREAS, said Conditional Use Permit request has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of 1970"
as amended by Resolution 83-68, in that a Environmental Impact Report under
Environmental Assessment 97-337 has been recommended with mitigation measures for
certification; and,
WHEREAS, upon hearing and considering all testimony and arguments, if
any of all interested persons desiring to be heard, said City Council did find the following
facts, findings, and reasons to justify a recommendation for approval of said Conditional
Use Permit:
The Conditional Use Permit is deemed consistent with the City's General Plan in
that the site is designated mixed/regional commercial and proposed for automobile
sales/service retail use. The automobile sales/services use is consistent with the
goals and policies and intent of the General Plan Land Use Element (Chapter 2)
provided conditions are met.
2. The approval of this Conditional Use Permit is consistent with the Zoning Code and
Specific Plan in that construction of the automobile sales/services will conform to
development standards outlined in the La Quinta Centre Specific Plan namely
parking, lighting, building height and setbacks, signs and landscaping.
P:\CD\res=c cupP-3I
319682
Resolution 97-65
I An Environmental Impact Report has been prepared in accordance with CEQA.
4. The automobile sales/services use will not create conditions materially detrimental
to the public health, safety and general welfare or injurious to, or incompatible with,
other land uses in that an EIR has been prepared with recommended mitigation
measures reducing potentially negative impacts to a level of insignificance such as
noise and lighting. Specifically, walls will enclose the auto sales and service uses,
a public address system will not be allowed, and the service department will be a
side entrance facility, opening away from the residential area and lighting will be
directed downward and NOT allowed to spillover the property lines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the City Council in
this case;
2. That the City Council does hereby approve Conditional Use Permit 97-034 to allow
automobile sales and service subject to the Conditions of Approval, attached hereto
and made a part of as Exhibit "A".
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council, held on this 151 day of July, 1997, by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern Perkins
NOES: None
ABSENT: Mayor Holt
ABSTAIN: None
RON PERKINS, Mayor Pro Tern
City of La Quinta, California
A
SAUNDRA L. JUHOCA, City Clerk
City of La Quinta, California
P:\CD\matt cup97.34 2
319682
Resolution 97-65
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attomey
City of La Quinta, Califomia
P!\CD\msm cup97-34
319682
Resolution 97-65
RESOLUTION 97-65
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 97-034
JULY 15, 1997
The development shall comply with Specific Plan 97-034, and all applicable
Conditions of Approval.
2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan
97-034.
3. All service departments shall operate between the hours of 7:00 a.m. and 6:00 p.m.,
six days per week.
4. The light fixtures along the west perimeter wall (Parcels 5, 6, and 7) adjacent to
Adams Street shall be adequately shielded to eliminate light glare and/or spillage
within the Lake La Quinta residential development.
5. If the landscape and lighting design permits, trees shall be clustered around the
light poles along the west perimeter wall, adjacent to Adams Street (Parcels 5, 6,
and 7).
6. In the event of a conflict between the conditions listed herein and the provisions of
the Development Agreement between the applicant and the City, the provisions of
the Development Agreement shall prevail unless such action or interpretation would
result in violation of any applicable local, state, or federal law.
P:\CD%ra= cuW-34 4
ORDINANCE NO. 306
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF LA QUINTA
AND STAMKO DEVELOPMENT CO.
CASE NO.: DEVELOPMENT AGREEMENT 97-002
APPLICANT: STAMKO DEVELOPMENT CO.
WHEREAS, the City Council of the City of La Quinta, California, did on the
15th day of July, 1997, hold a duly noticed Public Hearing for a Development Agreement;
and,
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 8th day of July, 1997, hold a duly noticed Public Hearing for a Development
Agreement; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said City
Council did make the following Mandatory Findings to approve said Development
Agreement:
The proposed Development Agreement is consistent with the objectives, policies,
general land uses and programs of the City of La Quinta General Plan and Specific
Plan 97-029.
The property is within the Mixed/Regional Commercial (M/RC) District per the
provisions of the 1992 General Plan Update which permits the proposed use and
is consistent with the goals, policies and intent of the La Quinta General Plan Land
Use Element (Chapter 2) provided conditions are met.
2. The land uses authorized and regulations prescribed for the Development
Agreement are compatible with the zoning and its related regulations now
applicable to the property. The site is zoned Regional Commercial (CR) which
permits the proposed uses provided conditions are met.
3. The proposed Development Agreement conforms with public convenience and the
general welfare by providing for extensive public improvements and conforms to
good land use practice by encouraging a long-range, comprehensive approach to
the development of a major automobile sales/services and mixed commercial
complex.
C:BJS\ORDDRFTSTAMKODEVAG
Ordinance No. 306
The Agreement provides for development requirements that are in excess of City
standards, such as the development density, intensity and potential adverse
environmental impacts that are significantly more restrictive than those currently
permitted under the applicable General Plan and Zoning Code provisions. In
addition, entire landscape medians will be constructed on both Highway 111 and
Adams Street.
4. Approval of this Development Agreement will not be detrimental to the health, safety
and general welfare since adequate provision has been made in previous City
approvals to provide for necessary and desirable improvements and since these
approvals are incorporated herein.
5. Approval of this Development Agreement will not adversely affect the orderly
development of the subject or surrounding property nor the preservation of area -
wide property values, but rather will enhance them by encouraging planned, phased
growth.
6. Approval of the Development Agreement will provide a positive fiscal impact on the
City by providing new revenue to the general fund for services.
7. Consideration of the Development Agreement has been accomplished pursuant to
California Government Code Section 65864 et seq. and the City of La Quinta
Municipal Code Section 9.250.030, which govern Development Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California that it does ordain as follows:
SECTION 1. ENVIRONMENTAL. Said Development Agreement has complied with
the requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63). The Community Development Department
prepared as Environmental Impact Report (State Clearinghouse No. 97011055) under
Environmental Assessment 97-337 for Specific Plan 97-029, Conditional Use Permit 97-
034, Parcel Map 28525 and Site Development Permit 97-603. Therefore, the Final
Environmental Impact Report will adequately address the project.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
C:BJS\ORDDRFTSTAMKODEVAG 2
Ordinance No. 306
SECTION 3: POSTING. The City Clerk shall certify to the passage and adoption
of this Ordinance, -End shall cause the same to be posted in at least three public places
designated by resolution of the City Council, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered into the Book of Ordinances of
this City.
The foregoing Ordinance was approved and adopted at a special meeting of the
City Council held on this 21s' day of July, 1997, by the following vote:
AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tem Perkins
NOES: None
ABSENT: Mayor Holt
ABSTAIN: None
RON PERKINS, Mayor Pro Tern
City of La Quinta, California
n
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
(�2 L�Z�
DAWN C. HONEYWEL , City Attorney
City of La Quinta, California
C:BJS\ORDDRFTSTAMKODEVAG
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true and correct copy of Ordinance No. 306 which
was introduced on the 15T" day of July, 1997 and was adopted at a regular meeting
held on the 21 st day of July, 1997 not being less than 5 days after date of introduction
thereof.
I f her certify that the foregoing ordinance was posted in three (3) places within the
Ci y f La Quinta as specified in a resolution of the City Council.
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
cert,dy that the foregoing ordinance was posted on July 24, 1997 pursuant to City
Co n it Resolution.
AUNDRA L. JUH A, City Clerk
City of La Quinta, California
City Council Minutes 20 July 15, 1997
5. ZONING ORDINANCE AMENDMENT 97-056 TO PROHIBIT INDEPENDENT USED
VEHICLE SALES, EXCLUDING NEW VEHICLE SALES WITH ASSOCIATED USED
VEHICLE SALES IN THE REGIONAL COMMERCIAL DISTRICT.
MOTION - It was moved by Council Members Sniff/Henderson to continue
Zoning Ordinance Amendment 97-056 to August 5, 1997. Motion carried
unanimously. MINUTE ORDER NO. 97-124.
2. THE CENTRE AT LA QUINTA - FINAL ENVIRONMENTAL IMPACT REPORT
UNDER ENVIRONMENTAL ASSESSMENT 97-337, TENTATIVE PARCEL MAP
28525, SPECIFIC PLAN 97-029, TENTATIVE PARCEL MAP 28525,
CONDITIONAL USE PERMIT 97-034, SITE DEVELOPMENT PERMIT 97-603,
DEVELOPMENT AGREEMENT 97-002. APPLICANT: STAMKO'DEVELOPMENT.
1. APPROVAL AND CERTIFICATION OF THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR TENTATIVE PARCEL MAP 28525, SPECIFIC PLAN
97-029, CONDITIONAL USE PERMIT 97-034, SITE DEVELOPMENT PERMIT
97-603 AND DEVELOPMENT AGREEMENT 97-002.
2. APPROVAL OF TENTATIVE PARCEL MAP 28525 CREATING A 10-LOT
SUBDIVISION.
3. APPROVAL OF SPECIFIC PLAN 97-029 (CENTRE AT LA QUINTA)
CREATING DEVELOPMENT GUIDELINES AND STANDARDS FOR A MULTI -
PHASED MIXED REGIONAL COMMERCIAL COMPLEX.
4. APPROVAL OF CONDITIONAL USE PERMIT 97-034 ALLOWING
AUTOMOBILE SALES AND SERVICES.
5. APPROVAL OF SITE DEVELOPMENT PERMIT 97-603 ALLOWING THE
CONSTRUCTION OF FIVE AUTO DEALERSHIPS INCLUDING BUILDING
ELEVATIONS, SITE PLAN, LANDSCAPING, LIGHTING AND SIGN PLANS.
6. APPROVAL OF DEVELOPMENT AGREEMENT 97-002.
Mayor Holt advised that she would abstain from participating in this as she has
consistently done in the past and left the dais.
The Mayor Pro Tern declared the PUBLIC HEARING OPEN.
Ms. di lorio, Planning Manager, presented staff report giving an overview of the
proposed project which is located on the south side Highway 111 between
City Council Minutes 19 July 15, 1997
r. Herman, Community Development Director, advised that the proposed
o inance would replace Urgency Ordinance No. 289 which expi es on
Sep ber 30, 1997, and would limit one-story units in Areas A, B, , and D
as spec 'ed in the staff report. He then explained the new zoning d ignations
as recom nded by the Planning Commission and as outline in the staff
report.
In response to Couhqil Member Adolph, Mr. Herman advi ed that he was not
aware of any addition areas that might be required to all within this type of
ordinance.
Peter Rodholm, 50-640 Calle Pa ma, strongly ur ed approval of the ordinance.
Dennis Moreno, of Import Capital, askad tha the issue be tabled until they have
submitted their specific plan to Council.
There being no one else wishing speak ,he Mayor declared the PUBLIC
HEARING CLOSED. \
MOTION - It was moved by C ncil Members Sniff/A olph to take up Ordinance
No. 305 by title and numb only and waive further ading. Motion carried
unanimously.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O LA QUINTA,
CALIFORNIA, PROVING CHANGE OF ZONE 97-082 FOR AREA IDENTIFIED
AS AREA A,,AREA B, AREA C, AND AREA D.
It was mgtied by Council Members Sniff/Henderson to introduce Ordinal a No.
305 aq/on first reading. Motion carried by the following vote:
ASS: Council Members Adolph, Henderson, Perkins, Sniff, Mayor olt
OES: None
ABSTAIN: None
ABSENT: None
City Council Minutes 21
July 15, 1997
Adams Street and Dune Palms Road and reviewed the requests that are before
the Council at this time as follows:
Specific Plan - Creates the development guidelines and standards for an 87-acre,
three -phased development consisting of auto sales/services and retail complex.
Tentative Parcel Mao - Creates ten commercial and three landscaped lots.
Conditional Use Permit - Allows automobile sales and services.
Site Development Permit - includes the development plans for the five auto
dealerships.
Develooment Agreement - Is a binding agreement between both parties for the
purpose of establishing certainty that the development will progress in a timely
manner.
Environmental Impact Report - The request is for certification of the
Environmental Impact Report.
The proposal is for 275,000 square feet of auto sales/service on the western
half of the property and 400,000 square feet of mixed commercial complex on
the eastern half of the property for a maximum 35 foroor M/RCusees!oof .18 Each dealerrein
ship
the General Plan specifies a maximum of
will have a monument sign on Highway 111 for a total of nine signs. A six-foot
high block wall is proposed along the dealership portion of Highway 111 and the
south property and along all of Adams Street. Landscaping along Highway 111
is consistent with the Highway 111 Design Guidelines. Special design
considerations are recommended such as shielded lighting, service bays being
oriented away from the residences, requirement for a minimum building set -back
of 100 feet for parcels adjacent to Adams Street and prohibiting paging systems
to mitigate any negative impacts to the adjacent residences.
On July 8", the Planning Commission recommended certification of the
Environmental Impact Report and project entitlements subject to conditions.
Ms. di lorio then reviewed the elevations and site plan advising that there are
three phases and what is being reviewed at this time is the first phase
consisting of Parcel 1-5. Parcels 6, 7, 8 & 9 represent the second phase of
development. In Phase 2, there is the potential for two service related auto
uses rather than having all four auto dealerships. There is a requirement for all
the buildings to maintain a minium of 100' set -back from the property line
adjacent to Adams Street. She noted that Parcel 5 has parking on the roof.
City Council Minutes 24 July 15, 1997
closures of Coachella Valley landfills, the Valley's trash is going to have to be
channeled to Edom Hill or more distant landfills. The County of Riverside is
responsible for solid waste disposal. They evaluated the Regional Integrated
Solid Waste Management Plan, and at this time, their own estimates indicate
that the landfill capacity could be exhausted as early as the year 2008. Based
on the regional analysis, this project would contribute to that cumulative impact.
The EIR conservatively determined that until other landfills or waste disposal
facilities are approved and programed, we presumed that this could contribute
to a significant cumulative impact on solid waste disposal. The EIR and
mitigation monitoring program have a comprehensive set of mitigation measures
for both air quality impacts as well as solid waste impacts so that the project
level impacts are reduced to the extent feasible. The fact that the EIR has
determined that there are two areas of unavoidable significant impacts, means
that the Council is required to adopt a Statement of Overriding Consideration if
they should choose to approve the project. He also pointed out that between
last week's Planning Commission meeting and tonight, the Council was
provided with some language typing the mitigation monitoring program with
respect to the biology mitigation measures and the aesthetic mitigation
measures to make sure the language conformed to what was in the Final EIR
response to comments and to reflect the action of the Planning Commission to
require that the buildings sited along Highway 1 1 1 in the northeastern quadrant
are to have staggered set -backs and lowered building heights to reduce the view
obstruction of the distant mountains.
In conclusion, Mr. Nichols stated that it's their opinion that the EIR has been
prepared in accordance with the procedural documentation requirements
specified in the State of California Environmental Quality Act.
Council Member Adolph questioned that since we're dealing with existing
dealerships why would there be a concern with an increase in solid waste
material.
Mr. Nichols advised that the EIR evaluated the project as a whole - as the entire
development concept, not just the first phase.
Mayor Pro Tern Perkins referred to a letter received from the City of Indio in
which they were concerned and felt that the City of La Quinta had already made
up their minds on this particular project and had pre -determined the outcome.
One of the reasons we have a public hearing is to get input from the public and
he assured the public that this Council has not pre -determined the outcome of
this project until all of the information and facts are in.
City Council Minutes 25
July 15, 1997
Chris Clarke, General Partner with Stamko Development, advised that they have
owned this property for the past 20 years and in a more recent decade, this
property was under some entitlement process called the La Quinta Canyon
Center which was on about 130 acres and was an approximately two million
square foot mall and power center which the General Plan allows. At that
particular time, they were in the entitlement process and in the process of
preparing an environmental impact report. In some of the correspondence
received, there has been reference made to the EIR for that project, but she
pointed out that the EIR was only preliminary and was never released or
circulated and was for only two million square feet. Since that time, two years
ago, she sold the back 50 acres to the City of La Quinta for low-income
housing. Over a year ago, she was approached by some dealers from a
neighboring city, whom after having exhausted almost a decade of looking for
an auto mall site were quite frustrated. The dealers and she decided at that
time, under the circumstances that were before them, that they would
commence this project in what they considered to be an environmentally
responsible capacity with a full EIR. She met with surrounding property owners,
particularly within Lake La Quinta and Rancho La Quinta, and with Joe Hammer
to the east her. A good portion of the concerns from Lake La Quinta and Wilma
(the developers) have been addressed by requiring, on the west side of the
properties, Parcel 6 & 7 be setback at least 100', and by raising the parapet
from 4' to 5'/2' on Parcel 5 and by requiring that the lights be mounted below
the parapet, and by agreeing to a 2' berm along Adams. She added that the
berming is an issue she wished to discuss with the Council, because a condition
of approval requires berming all along Highway 111 to the south of the property
and she had only intended to berm from Avenue 47 southerly. Some of their
other concerns dealing with loading and unloading of vehicles have been taken
care of in the Specific Plan, Exhibit 11. There will be no parking allowed on
Adams. The streets are being built on the interior to allow for the loading and
unloading. They have also added a condition stating that there are no signs on
the buildings. Noise was also one of their concerns and they were happy to
learn that there will be no paging system. Regarding lights, they will be
shielded on the west sides of the property specifically so that the lights will not
spill over into the Lake La Quinta area. They were also concerned about auto
body repairs and paint shops and she pointed out that the service bays are
directed on the west side of the property north and south and on the south side
they are directed east and west.
Some of the issues that need to be addressed includes: 1) the berming; 2) name
of the street - cannot use La Quinta Center Drive, so they are asking that it be
changed to La Quinta Drive; 3) in the Specific Plan on Exhibit 2 and 2-1, there
is a strip of property that CalTrans gave to them which needs to be incorporated
into the project; 4) she objected to the requirement of conforming to the City's
City Council Minutes 26 July 15, 1997
Landscape Guidelines since those guidelines have not been approved by the
Council; therefore, she wished to have the landscaping as submitted be
approved, because if the guidelines change, then she will have to change, too,
and she didn't feel that is fair; 5) on Page 44, Item 2 of the Specific Plan, she
wished to have read "dealership and/or franchise" and to add the verbiage that
architectural forms may require signage to be split on more than one face of the
building and splitting would be subject to Planning Commission approval; 6) re:
Condition No. 12 of the Specific Plan -- she felt that it's important to make sure
that the condition requiring a distance of 60' between buildings be maintained
in the conditions to retain the view of the Santa Rosa Mtns.; 7) re: bus stops,
she learned that SunLine provides bus stop shelters, but, also just learned that
contained in the Highway 1 1 1 Guidelines is a requirement for a more enhanced
bus stop, but since these guidelines have not yet been adopted, she had a
problem having that condition imposed. She noted that Indian Wells installed
their enhanced bus stops with a grant. She stated that her concern is that
these bus stops are not in her budget and not knowing what guidelines will
ultimately be adopted, she didn't know what to agree to.
In response to Council Member Adolph, Ms. Clarke advised that the Lake La
Quinta Homeowners wanted an 8' wall on a 3' berm and her proposal was a 6'
wall on a 2' berm and she has heard nothing back regarding her proposal.
Regarding the lighting, she advised that they will be metal halide fixtures and
on the western side of the property, the lights will be shielded.
Ms. Clarke referred to Condition No. 36 on Page 50 concerning the term "shall"
and not knowing what the City is actually planning. She reiterrated her concern
with Condition No. 60 on Page 54 regarding the bus stops.
Council Member Adolph advised that the City has been discussing a figure of
$25,000 for the bus stops.
In response to Council Member Sniff, Ms. di lorio advised that the Highway 1 1 1
Guidelines have been approved by the Planning Commission and are scheduled
to be before the Council on August 5m
Council Member Henderson agreed that we cannot commit Ms. Clarke to an
unknown and suggested that verbiage be added to require the enhanced bus
shelters, not to exceed $25,000 which could be a part of the Development
Agreement.
Council Member Sniff felt that the condition as currently stated in the Specific
Plan should remain as is.
City Council Minutes 27 July 15, 1997
Robert Pippin, 73-550 Alessandro, -Palm Desert, Attorney for Granite
Construction Company, advised that he was present to speak in opposition to
the Environmental Impact Report, further advising that he submitted a letter to
the Council which he urged them to read. In addition to that letter, his
comments deal with the consultant's comments that in most of the issues, no
significant environmental impact was found, which he stated did not surprise
him due to the parochial nature of their study. He felt that the study of
potential impacts was limited to the City of La Quinta and ignored impacts on
neighboring cities and impacts from neighboring cities.
Roger Wilner, representing the City of Indio Attorney's Office, advised that he
submitted a letter to the Council and offered to read it into the record.
Mayor Pro Tern Perkins advised that he was welcome to do that if he wished.
Council Member Sniff advised that his letter will be entered into the record.
Richard Zilinga, Special Environmental Counsel for the City of La Quinta,
retained to address this project, advised that he sympathized with the Council
in trying to read the letters submitted here tonight, as he's been trying to digest
the recent submissions. He referred to two historical letters (copies on file in
the City Clerk's Office) as follows:
1. To the Mayor of the City of Indio from Richard Gattis of the law offices
Gattis & Kuncz dated October 30, 1995.
2. To Mr. Richard Gattis from David J. Erwin, City Attorney for the City of
Indio, dated November 13, 1995.
Mr. Zilinga stated that they indicate that the City of Indio had pre -determined
two years prior to the environmental process beginning on this project, that they
would sue based on CEQA regardless of action taken should the Indio auto
dealers decide to move out of the City of Indio.
Mr. Zilinga also referred to Mr. Pippin's letter and referred to a Desert Sun
article dated July 12, 1997 (copy on file in the City Clerk's Office) regarding an
Indian burial site being found where Eagle Hardware is grading. That article
elaborates on the procedures that La Quinta follows and how they respond to
such discoveries and how it effectively mitigates them.
In light of the comments received from the City of Indio, both tonight and in
their May 8, 1997 letter, he suggested that the Council consider an amendment
to the statement overriding considerations regarding the benefits of this project
City Council Minutes 28 July 15, 1997
outweighing any potentially adverse environmental impacts identified by the
City of Indio and Granite Construction Company.
Francisco Urbina, 45-848 Paradise Palm Lane, Indio, submitted a letter to the
City Council.
Council Member Sniff requested that all letters received be entered into and
made a part of the record.
Mayor Pro Tern Perkins called for a brief recess.
When Council resumed the meeting, the Mayor Pro Tern Perkins advised that
the Council has received several items of correspondence and called for a short
time of quiet to provide all Council Members to read the letters which were
submitted this evening.
Chris Clarke, referred to the comments made during the public hearing and in
the letters submitted and stated that she was approached by five auto dealers
last July. Mr. Pippin seems to think that this Country was not founded on free
enterprise, and that these dealers have been working with the City of Indio for
ten years (and with La Quinta) to build a new auto mall. She spoke on behalf
of the dealers because they have a right to go where they want to and conduct
their business the way they want to just as a company like Stamko has a right
to go into something that is compatible with the City's General Plan. So she
wished to set the record straight that these dealers have made these decisions
and she didn't feel that it's fair for Indio to hold their businesses hostage
because this Country was founded on free enterprise.
Mr. Zilinga, Special Legal Counsel for the City of La Quinta asked Mr. Urbina,
a member of the audience who was video-taping parts of the procedings, if he
would be willing to make a copy of his tape available to the City to be a part of
the administrative record should it be requested of him, and he responded in the
affirmative.
There being no one else wishing to speak, the Mayor Pro Tern declared the
PUBLIC HEARING CLOSED.
Council Member Sniff followed up on Ms. Clarke's comments, stating that the
City of La Quinta has not made any effort, whatsoever, to solicit dealers from
any other city including Indio. The dealers are leaving Indio on their own
initiative rather than being solicited by La Quinta.
City Council Minutes 29 July 15, 1997
In response to Council Member Henderson,
request to display vehicles on Highway 1 1 1
approval.
Mr, Herman advised that each
will require Planning Commission
Council Member Henderson wished to see that condition changed to allow the
Community Development Director to make such approval.
Regarding the size of the trees, Ms. di lorio advised that the tree size is required
to be 2 %2" - 3" and a 36" box.
Council concurred on leaving the diameter size in the condition, but deleting the
reference to the box size since that isn't always indicative of the tree size.
Council Member Adolph advised that he had no problems with Parcel 1, but
Parcel 2 needs to have the rear elevation enhanced because it will face the
street. He also had a problem with the design of the Chevy dealership and with
the streetscape along Adams is not the best. He said that it's nothing he's
going to be insistent on, but suggested that these two elevations be looked at.
Ms. Clarke advised that there is a roof breaking up Parcel 2 and it is smaller
than Parcel 1, so you'll see far less of that building.
Regarding the bus stops, Council Member Henderson suggested requiring the
condition to commit them to $15,000 with the City participating.
Council Member Sniff stated that this issue has consumed a great deal of his
time over the weekend (literally hours). He felt that all of the documents,
including the EIR are excellent documents. He had some problems with the
effect this project may have on the area, but the EIR satisfied any concerns he
had. He felt that the City has done its due diligence all the way around and he
and no one else has made a pre -determined decision.
RESOLUTION NO. 97-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED
BY SPECIFIC PLAN 97-029; DEVELOPMENT AGREEMENT 97-002;
CONDITIONAL USE PERMIT 97-034; SITE DEVELOPMENT PERMIT 97-603
AND TENTATIVE PARCEL MAP 28525, AS BEING ADEQUATE AND
COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN
ADVERSE ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT
ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED, BUT
WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS
IMPLEMENTED. SPECIFIC PLAN 97-029; DEVELOPMENT AGREEMENT 97-
002; CONDITIONAL USE PERMIT 97-034; SITE DEVELOPMENT PERMIT 97-
603 AND TENTATIVE PARCEL MAP 28525 - STAMKO DEVELOPMENT CO.
City Council Minutes 30 July 15, 1997
It was moved by Council Members Sniff/Adolph to adopt Resolution No. 97-62
as submitted with inclusion of the following language to the Statement of
Overriding Considerations --- "The La Quinta City Council has reviewed the
comments and objections filed by the City of Indio and Granite Construction
Company and finds that they are devoid of substantial merit. The City Council
expressly finds and declares that even if those comments and criticisms had
merit, and one or more of the environmental impacts identified were not
mitigated to a level of insignificance, nevertheless, the benefits of the proposed
project outlined in this Statement of Overriding Considerations outweigh any
potentially adverse environmental impacts identified by the City of Indio and
Granite Construction Company, and are, therefore, deemed to be acceptable by
the La Quinta City Council. Motion carried unanimously with Mayor Holt
ABSENT.
RESOLUTION NO. 97-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA APPROVING TENTATIVE PARCEL MAP 28525 TO ALLOW A 10-
LOT COMMERCIAL SUBDIVISION AND LETTERED LOTS "A", "B", AND "C" ON
APPROXIMATELY 87 ACRES. CASE NO.: TENTATIVE PARCEL MAP 28525;
APPLICANT: STAMKO DEVELOPMENT CO.
It was moved by Council Members Sniff/Adolph that Resolution No. 97-63 be
adopted with amended conditions. Motion carried unanimously with Mayor Holt
ABSENT.
RESOLUTION NO. 97-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING SPECIFIC PLAN 97-029. CASE NO.: SPECIFIC PLAN
97-029; APPLICANT: STAMKO DEVELOPMENT CO.
It was moved by Council Members Sniff/Henderson that Resolution No. 97-64
be adopted including amended conditions and including additional Condition No.
24 to read "Bus turnouts shall be provided as a part of the project's public street
improvements." Additionally, the project developer shall provide a bus stop
shelter that complies with the City's pending transit shelter plan for Highway
1 1 1 not to exceed a cost of $15,000 and to be compatible with all other
language in the Development Agreement and wherever else it's necessary,
including in Condition No. 1 changing La Quinta Center Drive to La Quinta Drive;
changing Condition No. 18 to add a second sentence to #2 to read
"Architectural forms or designs may require signs to be split on more than one
building face or element, subject to Planning Commission's approval; Condition
a
City Council Minutes 31
July 15, 1997
No. 20, delete the sentence stating "Specify that the sign can be split on one
or more building faces;" add Condition No. 24 stating that the shoebox lighting
fixtures shall have flesh lenses; Condition No. 25 change from Planning
Commission to Community Development Director and changing Condition No.
12 to read from 60 feet to 65 feet; and add Condition No. 26 regarding the
revised right of way for Highway 1 1 1. Motion carried unanimously with Mayor
Holt ABSENT.
RESOLUTION NO. 97-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
AUTOMOBILE SALES AND SERVICE. CASE NO.: CONDITIONAL USE PERMIT
97-034, APPLICANT: STAMKO DEVELOPMENT CO.
It was moved by Council Members Sniff/Adolph to adopt Resolution No. 97-65
as submitted. Motion carried unanimously with Mayor Holt ABSENT.
RESOLUTION NO. 97-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 97-603 FOR THE
DEVELOPMENT PLANS FOR FIVE AUTOMOBILE DEALERSHIPS. CASE NO.:
SITE DEVELOPMENT PERMIT 97-603, APPLICANT: STAMKO DEVELOPMENT
CO.
It was moved by Council Members Sniff/Adolph to adopt Resolution No. 97-66
as submitted. Motion carried unanimously with Mayor Holt ABSENT.
MOTION - It was moved by Council Members Sniff/Adolph to take up Ordinance
No. 306 by title and number only and waive further reading. Motion carried
unanimously with Mayor Holt ABSENT.
ORDINANCE NO. 306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG
THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT CO. CASE NO.
DEVELOPMENT AGREEMENT 97-002, APPLICANT: STAMKO DEVELOPMENT
CO.
It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 306
on first reading. Motion carried on the following vote:
City Council Minutes 32 July 15, 1997
AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern
Perkins
NOES: None
ABSTAIN: None
ABSENT: Mayor Holt
Chris Clarke thanked the Council for their actions on behalf of Stamko
Development and the dealers. She asked that the Council call a special meeting
for next week to have the second reading of the ordinance as it does have some
effects which can be discussed with the Council by their attorney.
Ms. Honeywell, City Attorney, advised that a special meeting can be called on
24-hours notice and didn't see a need to take that action at this time.
No action on the request was taken.
Council adjourned to Closed Session as delineated on Page 7.
Council reconvened with no decision being made which requires reporting pursuant to
Section 54957.1 of the Government Code (Brown Act).
There being no further business, the meeting was adjourned.
JUN
ectfully submitted,
DRA L. JUHOLA, City Clerk
City of La Quinta, California
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
City of La Quinta
P. O. Box 1504
78-495 Calle Tampico
La Quinta, California 92253
Attn: City Clerk
HOC a less-454163
10/14/1999 08:00A Fee:NC
Page 1 of 38
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk & Recorder
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RESTATED AND AMENDED
DEVELOPER LEASE AGREEMENT
THIS DEVELOPER LEASE AGREEMENT ("Agreement") is entered into as of the 1st day
of December, 1998, by and among the City of La Quinta, a charter city ("City") and Stamko
Development Co., a California limited partnership ("Developer") with reference to the following:
RECITALS
A. WHEREAS, Developer is the fee owner of certain property located in the City
("Project Site"), which Project Site is legally described on Exhibit "A" attached hereto and as finther
described in the Specific Plan for the three development scenarios which include three car
dealerships in Planning Area 1; and
B. WHEREAS, in connection with the development of the Project, Developer intends
to dedicate and convey certain real property adjacent to Adams Street to the City and certain property
adjacent to Highway 111 to the State for public facilities ("Dedicated Property"), which Dedicated
Property is described on Exhibits `B-1" and `B-2" attached hereto and depicted on Exhibits "C-1"
and "C-2" attached hereto; and
C. WHEREAS, the City and State currently own certain rights -of -way adjacent to the
Project Site along Adams Street and Highway 111 ("Existing Rights -of -Way"), which Existing
Rights -of -Way are described on Exhibit "D-1" and "D-2" attached hereto and depicted on Exhibits
"E-1 " and "E-2"; and
D. WHEREAS, the City desires, subsequent to acquiring the Dedicated Property from
Developer, to lease the Dedicated Property and the Existing Right -of -Way, to Developer, for
purposes of having Developer construct thereon certain public facilities ("Public Facilities"), which
Public Facilities are described on Exhibit "F" attached hereto; and
E. WHEREAS, Developer has agreed to construct the Public Facilities on the Dedicated
and Existing Right -of -Way Property, and then to sublease the Public Facilities to the City pursuant
to this Agreement for the benefit of the public and in furtherance of public purposes of the City; and
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd
F. WHEREAS, Developer and City first approved a form of this Agreement on July 21,
1997; and
G. WHEREAS, due to economic conditions beyond the control of Developer, the
original form of this Agreement has become impractical and infeasible to perform; and
H. WHEREAS, the City believes that a revision to the original terms of the form of this
Agreement is in the best interest of the City and its general health, safety and welfare;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreement herein
contained, and other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, it is agreed as follows:
Section 1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall, for all
purposes of this Agreement, have the meanings herein specified.
(a) "Agreement" shall mean this Developer Lease Agreement.
(b) "Base Rental Payments" shall mean the rental payments payable by the City
to Developer pursuant to the Sublease, as described herein.
(c) "City" shall mean the City of La Quinta, California, a charter city duly
organized and existing under the laws of the State of California, and its successors and assigns.
(d) "Dedicated Property" shall mean that certain real property as described on
Exhibits "B-l" and "B-2" and depicted on Exhibits "C-l" and "C-2", which real property shall be
conveyed by Developer to the City and to the State pursuant to the terms of this Agreement.
m M (e) "Developer" shall mean Stamko Development Co., a California limited
c M O
m �
N partnership.
m �
(f) "Existing Right -of -Way" shall mean the existing right-of-way currently owned
by the City, as described in recital paragraph C hereof.
(g) "Interest Component" shall have the meaning set forth in Section 7 hereof.
�. (h) "Lease" shall mean the portion of this Agreement which constitutes the lease
of the Dedicated Property and the Existing Right -of -Way by City, as lessor, to Developer, as lessee
(see Section 3 below).
C (i) "Lease Commencement Date" shall mean that date upon which the City
Q accepts Developer's dedication of the Dedicated Property.
(j) "Leasehold Value" shall have the meaning set forth in Section 7 hereof.
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 2
(k) "Principal Components" shall have the meaning set forth in Section 7 hereof.
(1) "Project" shall mean the commercial facility, including three car dealerships,
and related improvements described in recital paragraph A above.
(m) "Project Site" shall mean the real property described on Exhibit "A".
(n) "Public Facilities" shall mean the public facilities to be constructed on the
Dedicated Property and the Existing Right -of -Way by Developer described on Exhibit "F" attached
hereto.
(o) "Rental Period" shall have the meaning set forth in Section 7(b)(3) hereof.
(p) "Sales and Use Tax" shall mean the 1 % sales and use tax imposed and
received by the City under authority granted to the City pursuant to Section 7201 of the California
Revenue and Taxation Code.
(q) "Sales and Use Tax Revenues" shall mean any revenues collected by the City
pursuant to Sales and Use Tax as described above as a result of commercial activity generated by this
Project on this Project Site.
(r) "Specific Plan" shall mean the Specific Plan approved by the City Council
on December 1, 1998.
(s) "Sublease" shall mean the portion of this Agreement which constitutes the
sublease of the Dedicated Property and the Existing Right -of -Way by Developer, as sublessor, to
City, as sublessee (see Section 5 below).
(t) "Sublease Commencement Date" shall mean that date upon which the City
CO CO a)accepts the Public Facilities as being complete.
�o
m�� (u) "Term of this Agreement" shall mean that period of time commencing as of
the date of the transfer of the property in the Planning Area I to the three car dealership owners for
purposes of developing a minimum of three new car dealerships and terminating as of the date of
termination of the Sublease.
Section 2. Conveyance of Dedicated Property.
Developer shall convey or cause to be conveyed to the City or its designee, and the City or
its designee shall accept conveyance of, the Dedicated Property, for public purposes, prior to
Developer's seeking building permits for the construction of any portion of the Project. Developer
covenants that prior to conveying the Dedicated Property to the City or its designee, and provided
that the City performs its obligations as set forth in Section 7 of this Agreement, Developer shall
own fee title to all of the Dedicated Property, and that such Property shall be conveyed to the City
or its designee free and clear of all liens and encumbrances, except those approved in writing by the
City. Such conveyance of the Dedicated Property from Developer to the City or its designee shall
be deemed to be and is a condition precedent to the rights and obligations of the parties under the
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 3
terms of this Agreement, provided however, that such conveyance shall not be a condition precedent
to those obligations of the City under Section 7(b)(2) of this Agreement. Upon the Developer's
conveyance of the Dedicated Property to the City or its designee, this Agreement shall be recorded
in the Official Records of the County of Riverside, California.
Section 3. Lease Terms.
Effective upon the conveyance of the Dedicated Property to the City, or its designee, as
described above, the City (or its designee) hereby leases the Dedicated Property and Existing Right -
of -Way to Developer and Developer leases the Dedicated Property and Existing Right -of -Way from
the City, or its designee, on the terms and conditions set forth in this Agreement. Rent for the entire
term of the Lease shall be an advance payment by Developer to the City of the sum of $1.00. The
term of the Lease shall commence on the date that the City or its designee accepts conveyance of the
Dedicated Property and continue until the termination of the Sublease, as described in Section 5
herein, and, upon termination of the Sublease, the Lease shall likewise terminate.
Section 4. Construction of Public Facilities.
(a) Developer's Obligations. Developer shall finance and construct all of the
Public Facilities described on Exhibit "F" attached hereto.
In general, the Public Facilities shall consist of:
Highway III from Adams Street to La Quinta Drive; Adams Street/Highway 111
intersection; Adams Street from Highway I I I to 47' Street, including center median; La Quinta
Drive/Highway 111 intersection.
The Public Facilities shall be constructed concurrently with the Planning Area I of
the Project which includes a minimum of three auto dealerships.
In connection with the Public Facilities, Developer shall do the following:
(1) prepare plans and specifications for the Public Facilities in accordance
with City and/or State standards, and submit such plans and specifications to the appropriate City
and/or State departments for review and approval;
(2) provide the City with twenty (20) days written notice prior to the
commencement of construction;
(3) secure all necessary licenses, permits, rights of way, and rights of entry
as may be reasonably necessary for construction;
(4) prior to commencement of construction, Developer shall provide the
City with faithful performance and material payment bonds or other security as approved by City,
each in the amount of 110% of the estimated cost of construction, as determined by the City; the
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CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 4
survey, amount and form of such bonds shall be subject to the approval of City Attorney; and such
bonds shall remain in full force and effect until the Public Facilities are accepted by the City, at
which time such bonds may be reduced to 10% of the cost of construction for a period of one (1) year
to guarantee against any defective work, labor or materials;
(5) provide workers' compensation insurance for all Developer employees
working on construction, in amounts as required by California law;
(6) provide and maintain comprehensive liability insurance which shall
name both Developer and the City as insureds, and which shall provide coverage from personal
injury claims, including accidental and/or wrongful death, and claims for property damage which
may arise directly or indirectly from Developer's construction work, or the performance of
Developer's obligations hereunder, whether such construction and performance is done by
Developer, or any constructor, subcontractor or other party employed directly or indirectly by any
of them; such insurance shall provide for limits of not less than $2,000,000 per occurrence and shall
further provide that the issuing company may not cancel, modify or terminate coverage unless it shall
have given the City thirty (30) days' prior written notice of such cancellation, termination or
modification; Developer shall assure that the insurance required by this section shall remain in full
force and effect throughout the construction of the Public Facilities, and Developer's failure to do
so shall be deemed a material breach of this Agreement; and
(7) upon completion of construction, convey to the City, in form and
substance acceptable to City Attorney, all rights of way and easements deemed necessary by the City
Engineer, in its reasonable discretion, for the operation and maintenance of the Public Facilities,
including ingress and egress easements as may be reasonably need for storm drain operation and
maintenance.
(b) City s Obligations. In connection with Developer's construction of the Public
Facilities, the City shall do the following:
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CO (1) review and either approve or provide comments for necessary revisions
0 ° for the plans and specifications for the Public Facilities prepared by Developer in a timely manner
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prior to the commencement of construction of said Public Facilities;
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(2) inspect the construction of the Public Facilities as required; and
(3) upon completion and acceptance by the City of the Public Facilities
and conveyance of all required rights of way and easements, accept full responsibility for operation
and maintenance of the Public Facilities, except as to parkway maintenance responsibilities adjacent
to Highway 111 and Adams Street as outlined within the Specific Plan and Covenants, Conditions
and Restrictions which shall remain the responsibility of the Developer or its successors and assigns
EMM (i.e., Property Owner Association).
Section 5. Sublease.
Effective upon the completion of the Public Facilities, Developer hereby subleases the Public
Facilities constructed on Adams Street (Exhibits `B-1" and "C-1") to the City and the City hereby
subleases the Public Facilities construction on Adams Street (Exhibits "134" and "E-l") from
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 5
Developer on the terms and conditions set forth in this Agreement. The Public Facilities shall be
deemed to be "complete" upon final inspection and acceptance by the City. Concurrently, the Public
Facilities constructed on Highway III (Exhibit `B-2", "C-2" and "D-2" and "E-2") shall be
transferred to the State of California.
Section 6. Term of the Sublease.
The Sublease shall begin as of the Sublease Commencement Date as defined in Section 1(t)
hereof. The Sublease shall end on the earlier of (1) December 31, 2011; (2) the time at which the
prepayment option is exercised under Section 7(a)(4); or (3) in the event of termination pursuant to
Section 20.
Section 7. Ci1y's Obligation under Sublease.
Under the terms of the Sublease, the City shall perform the following obligations:
(a) Prepayment of Certain Sublease Payments.
(1) Initial Prepayment. Agency shall receive notification of intent to close
escrow two weeks in advance. Within 24 hours of confirmation of close of escrow of the transfer
of property to the three auto dealers in Planning Area 1 of the Project, the City shall provide a
prepayment of a portion of the Sublease rent, to Wells Fargo Bank as a third party administrator
("Administrator"), in an amount equal to One Million Dollars ($1,000,000)(the "Prepayment
Amount"). Within twenty-four (24) hours of City providing the Prepayment Amount to
Administrator, Developer shall provide an amount equal to Eight Hundred Thousand Dollars
($800,000) to the Administrator. The combined amount of $1.8 million shall be used to reimburse
Developer for the cost of constructing the Public Facilities specified on Exhibit "F". Reimbursement
6 draws shall be provided in accordance with Section 7(a)(3). Reimbursed amounts shall be funded
o in accordance with Section 7(a)(3) below. Any amounts not necessary for the construction of the
a- :z - Public Facilities shall be refunded back to City and Developer on a pro rata basis. In the event that
the $1.8 million is not sufficient to complete the Public Facilities, the Developer shall be solely
responsible for any additional amounts.
(i) As used in this Agreement, the term "Professional Services"
means civil engineering and construction staking (and all of their components) but does not include
landscaping. Developer shall bid the project (except Professional Services) to three to five qualified
firms to render services in the geographic area of the City. Developer hopes to solicit bids from at
least five firms. However, if five (5) qualified firms who render services in the geographic area of
the City cannot be found, then a less number, but not less than three (3) shall be sent bids.
Professional Services shall be bid to a minimum of three (3) qualified firms who render services in
the geographic area of the City.
(ii) The bid forms and. specifications shall be prepared by
Developer and reviewed by the City for its approval. City shall review the draft bid forms and
specifications within twenty (20) business days following delivery of the draft forms and
specifications to the City by Developer and shall review the final bid forms and specifications within
five (5) business days following delivery of the final forms and specifications to the City by
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 6
Developer. Developer and City shall work closely to develop final bid forms and specifications.
The bid forms and specifications shall separate public and private improvements. The City and
Developer shall jointly review all bids received. Developer shall select the bid winners, subject to
the reasonable approval of the City. In the event of any disagreement between Developer and the
City the parties shall meet and confer regarding resolution of the issue. Both parties shall negotiate
reasonably and in good faith.
(iii) The development and construction of the project may be bid
as a unit but it is contemplated that the individual work components of the project may bid separately
if elected by Developer. It is the intent of the City and the Develop that the Developer will obtain
the best quality for the best price in all aspects of the project.
(2) When the bids are received, Developer may or may not negotiate with
individual bid respondents to improve the price and/or quality of the bid response. In the event that
bid that is selected by the Developer contains aggregate costs for either the Professional Services
(including, in this instance, landscaping) or the "hard costs" of the project which exceed 50% of the
aggregate amount of each category of costs estimated on attached Exhibit F, then Developer and the
City shall meet and confer regarding the overages. The 50% measure referred to the preceding
sentence shall include amounts which Developer has expended and for which Developer will receive
reimbursement. In the event that Developer and the City, negotiating reasonably and in good faith,
are unable to arrive at a compromise regarding the excess, then either party shall have the right to
terminate this Lease in written notice to the other. During the course of construction, the City shall
have the right to approve of any change orders for any contract which exceed $25,000 as an increase
in cost. City will review any change order request within five (5) business days following the
submission of the request to the City. If Developer and City disagree on the change order, then
Developer and the City shall meet and confer regarding the change order and shall negotiate
reasonably and in good faith.
(3) Reimbursement Procedure. Reimbursement draws shall be made upon
proof of actual expenses as provided in this Subsection (3) and shall be verified by the City and a
consultant ("Consultant") retained by the City. The expenses of the Consultant, which shall be no
more than five percent (5%) of the hard costs of construction of the Public Facilities, shall be a part
of the costs of the Public Facilities as specified on attached Exhibit "F" and shall be disbursed to the
Consultant upon the joint invoice approval of City and Developer. Developer shall have ten (10)
business days to review the invoice of Consultant following submission of the request to Developer.
(i) An initial disbursement shall be made to the Developer for
previously incurred pre -development costs and fees upon verification of such costs and fees by the
City and Consultant in accordance with the provisions of this Subsection (3).
(ii) Prior to each and every disbursement under this Agreement,
the conditions specified in Subsection (iii) though (v) shall be satisfied.
(iii) At least ten (10) business days prior to a requested
disbursement, Developer shall deliver to Consultant and City a request ("Request") for the amount
of the Disbursement. The Developer shall certify in the Request that it is accurate and complete.
1999-454163
C:\My Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 7
The Request shall specifically identify the nature of each expense, including, but not limited to, by
reference to the line items set forth in attached Exhibit F, and shall specify the status of completion
of the construction.
(iv) City shall review the . Request and the accompanying
documentation and determine that the work is within the scope of Public Facilities. This review
shall occur within ten (10) business days of receipt of Developer's request. For all items approved,
payment shall be authorized within fifteen (15) days of the receipt of the request. The City shall
advise the Developer of any issues with respect to the amounts requested by the Developer within
twenty (20) days of the receipt of the request from Developer.
(v) The City shall have received appropriate waivers of mechanics'
and materialmen's lien rights and stop notice rights executed by all contractors and other persons
rendering service or delivering materials covered by the Request.
(vi) Developer shall deliver to City within five (5) business days
following the first day of each month: a monthly report which shall set forth the following for the
prior calendar month; any force mageure delay; an update of the construction schedule; and any other
material matters relating to the completion of the Public Facilities.
(vii) Checks shall be issued by Wells Fargo Bank to Developer upon
the written request jointly signed by Developer and City.
(viii) In the event there is a dispute between the City and Developer
regarding any Request, then within five (5) business days following the twenty (20) days specified
in Subsection (iv) above, the City, Consultant, and Developer shall meet and confer regarding the
disputed amount. If the disputed amount is in excess of $50,000 or when the total of all unresolved
disputed amounts equals $50,000, or more, or when construction of the Public Facilities has been
completed without regard to the unresolved amount in dispute, then either Developer or the City may
request alternative dispute resolution ("ADR") before a retired judge appointed by JAMS, or similar
organization. The ADR hearing:
1. Shall be before a judge with experience in construction cost cases;
2. Shall be heard within forty-five (45) days following the date of the request for the ADR;
3. The City and Developer shall divide initially the cost of the ADR, but the judge shall have
the right to apportion the costs between the parties in a manner deemed reasonable by the
judge and consistent with the decision of the judge in ADR.
(4) Subsequent Prepayme The City has the right but not the obligation
to prepay either the Base Rental Payments or the Supplemental Rental Payments. In the event of a
determination to prepay, the schedule attached hereto as "Exhibit G" and incorporated by this
reference shall be used to determine prepayment amounts. In the event that the City elects to prepay
the entire payment, the Sublease would be terminated.
111111111111111111111111111111111111111111111111 �•10"s:�.'�
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 8
(b) Rental Payments. The City agrees to pay to Developer, on a quarterly basis,
rental payments ("Rental Payments") for the applicable rental period or portion thereof throughout
the term of the Sublease. All Rental Payments shall be allocated as set forth in this Section 7.
Rental Payments shall potentially include Base Rental Payments and Supplemental Rental Payments.
(1) Amount of Base Rental Payments. Base Rental Payments shall be
calculated as follows: From the Sublease Commencement Date and continuing through the term of
the Sublease, Base Rental Payments shall be thirty-three percent (33%) of the Sales and Use Tax
Revenues generated by businesses or activities located on the Project Site up to a maximum amount
of One Hundred Twenty -Two Thousand Two Hundred and Fifty Dollars ($122,250) in any twelve
(12) month period of the Sublease. In any twelve (12) month period where the Base Rental Payment
is less than $122,250, the amount which is the difference between the amount paid and the $122,250
shall be forgiven and shall be deducted from the First Principal Component, as if paid in full.
(2) Amount of Supplemental Rental Payments. Supplemental Rental
Payments shall be contingent upon a minimum annual Sales and Use Tax Revenue payment to the
City of Five Hundred Thirty Thousand Dollars ($530,000), adjusted annually by the CPI index for
Riverside and San Bernardino counties for that year. If the threshold is met, a payment of Seventy -
Six Thousand Four Hundred Eleven Dollars ($76,411) shall be made for that year. There shall be
ten (10) annual payments of Supplemental Rental Payments. Each Payment shall be due no earlier
than: 1) forty-five (45) days after the receipt of the revenue reconciliation report; and 2) the first
anniversary date of the first twelve (12) months following the first full calendar quarter in which
Sales and Use Tax Revenues are generated by businesses or activities located on the Project Site.
If in any year (the same four calendar quarters used to calculate the first annual payment) the
minimum annual sales and use tax fails to meet $530,000 this payment including interest shall be
forgiven.
(3) Time for Payme . The City's obligation to pay Base Rental Payments
shall begin on the Sublease Commencement Date. The City shall make quarterly Base Rental
Payments to Developer for each rental period ("Rental Period") or portion thereof, which Rental
Period shall consist of each calendar quarter. Each Base Rental Payment for a Rental Period shall
be due to Developer Forty -Five (45) days after the City receives its Sales and Use Tax Revenue
Reconciliation Report for the Rental Period.
(4) Form of Rental Payments. Each Base Rental Payment and/or
Supplemental Rental Payment shall be paid in lawful money of the United States of America, by
warrant or check drawn against funds of the City, and mailed or delivered to the address provided
for Developer in Section 17 of this Agreement..
(5) Records Required. If requested by the City, Developer shall provide,
or cause each business or activity located on the Project Site to provide, to the City, all Sales and Use
Tax information. Generally, the City shall rely on the Sales and Use Tax information supplied by
the State and the City's accountant consultants.
I III II �
1999 _ IIIIIIIIIIIII 45 IIIIIIIIIIIIIIIIIIIIIIII 1011411999 IIII� IIII IIII a 999 09.06R
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The City shall maintain sufficient records and accounts to separately identify
all Sales and Use Tax Revenues paid to it from businesses and activities located on the Project Site,
and shall provide to Developer, at the time of making each Rental Payment, a written accounting
with respect to each Payment.
(6) Certain Definitions. As used in this Agreement, the following will
have the indicated meanings:
(i) "First Principal Component" means the amount of $800,000.
(ii) "Second Principal Component" means the amount of 500,000.
(iii) "Principal Components" means the total of both First Principal
Component and Second Principal Component.
(iv) "Interest Component": Simple interest on the Principal
Components which shall accrue at the rate equal to eight and one-half percent (8.5%) per annum
payable as provided in this "Agreement until the Principal Components are paid or forgiven in full.
(v) "Leasehold Value" means the total of the Principal
Components and the Interest Component.
Section 8. Limit on Total Payments.
Notwithstanding anything to the contrary herein, the Rental Payments payable by the City
to Developer during the term of the Sublease shall not exceed the full amount of the Leasehold Value
and are specifically limited to Sales and Use Tax Revenues as described in Section 8 herein. In the
event that the Rental Payments over the term of this Agreement do not equal the Leasehold Value
due to the fact that certain amounts have been forgiven as set out in "B(1)" and "B(2)", the
Developer agrees that no further payments are due and all obligations of the City are satisfied.
CO mC
o The Interest Component shall commence to accrue on the date of the Sublease
05 m%m Commencement Date and shall accrue until the Principal Components are paid or forgiven in full
or, if the Sublease is terminated validly before such payment as provided in the Agreement then the
" Interest Component shall cease accruing upon the payment by City to Developer of all amounts
which become due to Developer as a result of the termination of this Agreement.
Section 9. Source of Ci y s Payment Obligations.
The obligation of the City to Developer to pay the Base Rental Payments and/or the
Q Supplemental Rental Payments shall be a special and not a general obligation of the City, and shall
be payable solely from the Sales and Use Tax Revenues received by the City from businesses and
activities conducted on the Project Site. Prior to the time that the full amount of the Leasehold Value
under this Agreement is fully paid to Developer as provided herein, the City shall not pledge or
encumber the Sales and Use Tax Revenues derived or to be derived from businesses or activities
operating on the Project Site so as to impair Developer's rights hereunder. During the term of this
Agreement, any subsequent pledge of the Sale and Use Tax Revenues generated from the businesses
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 10
and activities conducted on the Project Site shall be subject and subordinate to Developer's rights
hereunder. Notwithstanding any provision herein to the contrary, in the event that the State of
California's allocation of Sales and Use Tax Revenues to the City is changed, revised or otherwise
amended after the date of this Agreement, the City and Developer each agree to meet in good faith
to revise this Agreement to reflect as closely as possible the original intent of the parties in entering
into this Agreement with respect to the allocation of Sales and Use Tax Revenues.
Section 10. Right of First Refusal.
As additional consideration, the City shall have a right of first refusal to purchase lots 4 and
5 in Planning Area II (as such lots are shown in Exhibit 2 to the Specific Plan) for $5.57 per square
foot plus 8.5% annual interest until July 1, 2000 and lots 6, 7, 8, and 9 in Planning Area II (as such
lots are shown in Exhibit 2 to the Specific Plan) for $4.75 per square foot plus 8.5% interest until
December 31, 1999.
Section 11. Maintenance, Repair. Additions and Improvements to Public Facilities.
(a) Operating and Maintenance Expense. Throughout the term of the Sublease,
the City shall, at its sole expense, operate, maintain, repair and/or replace as necessary, the Public
Facilities except as to parkway maintenance responsibilities adjacent to Highway 111 and Adams
Street which shall remain the responsibility of the Developer or its successors and assigns and not
including any Public Facilities dedicated to another public entity) and insure that said Public
Facilities remain in good order, condition and repair at a level of service consistent with that
maintained for similar types of public improvements located elsewhere throughout the City. The
parties hereto acknowledge and agree that Developer shall have no obligation to incur any expense
of any kind or character in connection with the management, operation, repair, replacement or
maintenance of the Public Facilities during the term of the Sublease. Throughout the term of the
Sublease, the City shall keep the Public Facilities free and clear of all liens, charges, and
encumbrances. Notwithstanding any damage to the Public Facilities from whatever source, the City
shall, throughout the term of the Sublease, repair the Public Facilities consistent with this Section
ED � CO without any interruption or abatement of its rental obligations as set forth hereunder.
inMQ
(b) Additions and Improvements to the Public Facilities. The City shall have the
m m right throughout the term of this Agreement, to make any additions or improvements to the Public
Facilities, to attach fixtures, structures or signs, and to affix any personal property thereto, provided
Q the use of the Public Facilities for the purposes contemplated in this Agreement is not impaired in
any way. Title to all personal property placed in or on any of the Public Facilities shall remain with
the City, provided however, that any modifications or improvements which constitute fixtures will
automatically become subject to this Agreement. Subject to the foregoing, the title to any personal
property, improvements or fixtures which may be placed on the Property by any sublessee or licensee
of the City shall be controlled by the terms of the sublease or license contract entered into by the City
with such sublessee or licensee.
Upon Developer's completion of construction of the Public Facilities and their
acceptance by the City, Developer shall have no further obligation of any kind to make any additions,
improvements, repairs or other changes to the Public Facilities. In the event that Developer elects
to make additions, improvements or other changes to the Public Facilities it shall do so only with the
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd I I
prior written consent of the City. Any such additions, improvements or other changes shall comply
with the encroachment permit rules of the City and all other applicable City building requirements.
Notwithstanding the foregoing, should Developer make application for additional on site
improvements beyond those contemplated by the Project, Developer may, at that time, be
conditioned to make further improvements to the Public Facilities as part of the approval for such
additional on site developments.
Section 12. Indemnification.
(a) Indemnification by the City. The City agrees for the term of the Sublease, it
shall indemnify, defend and hold harmless Developer, its officers, agents, employees, directors and
representatives from any loss, claim, expense, and/or penalties arising directly or indirectly from the
Public Facilities and the City's operation, maintenance and repair thereof, save and except those
losses, claims, expenses and/or penalties arising from the gross negligence or willful misconduct of
Developer. Such indemnification shall include, without limitation, indemnification for damage or
claims for personal injury, including death, and claims for property damage, and including any costs
incurred by Developer in defending against same, including without limitation, actual attorneys' fees.
The City represents that it is self -insured as a member of a joint powers insurance
authority (the "Authority") as to public liability insurance against claims for bodily injury or death
or damage to property occurring upon, or about the improvements. In the event that the City elects
to purchase liability insurance in the future rather than remaining self -insured with the Authority,
such liability insurance shall, during the term of this Sublease, name Developer as an additional
insured to the extent appropriate to comply with the provisions of this Section 12.
(b) Indemnification by Developer. The Developer agrees that throughout the term
of the Lease, it shall indemnify, defend and hold harmless the City, its officers, agents, employees
and representatives from any loss, claim, expense and/or penalties arising directly or indirectly from
Developer's construction of the Public Facilities, committed in connection with Developer's
0
00 performance of or failure to perform its obligations under the terms of the Lease. Developer agrees
CO COM
,� M o that throughout the term of the Sublease, it shall indemnify and. hold harmless the City, its officers,
magents, employees and representatives from any loss, claim, expense and/or penalties arising directly
@ or indirectly from Developer's gross negligence or willful misconduct committed in connection with
0 Developer's performance of or failure to perform its obligations under the terms of the Sublease.
Such indemnification, above identified, shall include, without limitation, indemnification for
damages or claims for personal injury, including death, and claims for property damage, and
including any costs incurred by City in defending against same, including without limitation, actual
attorneys' fees.
Section 13. Sale. Transfer or Assignment. The City shall have the right to permit the
nonexclusive use of all or any portion of the Public Facilities by any third party as may be necessary
to serve the public purposes of the City, provided however, that no sale, transfer or assignment of
all or any portion of the City's rights under the terms of this Agreement shall be construed as
C relieving the City from any or all of its obligations as set forth in this Agreement. Specifically, it is
contemplated that all or portions of those Public Facilities to be constructed adjacent to Highway I I I
shall be transferred to the State of California and removed from both the Lease and the Sublease and
shall no longer be subject to any part of this Agreement relating to such Lease and Sublease after
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 12
completion, however, such transfer shall not affect the obligation of the City to pay the full
Leasehold Value to Developer according to the terms and limitations of this Agreement. Except as
otherwise provided in this Agreement, the Developer shall not assign all or any portion of its rights
and obligations hereunder to any successors -in -interest to the Project Site or portion thereof, except
with the prior written consent of the City, which consent shall not be unreasonably withheld. Any
such assignment shall not relieve Developer of its obligations under the terms of this Agreement,
except upon express written consent of the City. Notwithstanding anything contained herein to the
contrary, the Developer may, without the prior written consent of the City, assign any or all of its
rights and obligations hereunder to any Affiliated Entity. For purposes of this Agreement, an
"Affiliated Entity" shall mean any corporation, partnership, limited liability company or other form
of business entity in which Developer has not less than a fifty percent (50%) ownership interest and
not less than fifty percent (50%) management control.
Any sale, transfer or assignment of the rights and obligations of either party under the
terms of this Agreement shall require thirty (30) days prior written notice to the other party of such
assignment, provided however, that no such prior written notice shall be required in connection with
any of the following:
(1) An assignment by Developer which consists of the conveyance for the purpose
of securing loans to be used solely for the financing of the direct and indirect costs of the Public
Facilities, including without limitation, financing costs, interest and commissions, planning, design,
construction, development and leasing of the Public Facilities to be constructed by Developer,
provided that the assignee of any such assignment shall receive only the right to collect Base Rental
Payments due under the terms of this Agreement.
(2) Transfers resulting from a sale of Developer's interest in the Public Facilities,
or the Dedicated Property, or Existing Right of Way, or any portion thereof at foreclosure (or a
conveyance thereof in lieu of a foreclosure) pursuant to a foreclosure thereof by a lender.
(3) Subject to the terms contained in Section 11(a) of this Agreement, the
CO C'O COconveyance or dedications of any portion of the Public Facilities, or the Dedicated Property, or the
m o Existing Right of Way, to the City or other appropriate governmental agency, or the granting of
Cr) m easements or permits to facilitate the development of the Project.
Section 14. Eminent Domain.
If the whole of the Public Facilities shall be taken under the power of eminent domain, then
this Agreement shall terminate as of the date possession shall be so taken. If less than the whole of
the Public Facilities shall be taken under the power of eminent domain, then this Agreement shall
continue in full force and effect and shall not be terminated by virtue of such taking, and the parties
C hereto waive the benefit of any law to the contrary, and in such event there shall be a partial
abatement of the Base Rental Payments due under the terms of this Agreement.
Any award made in eminent domain proceedings for the taking or damaging of the Public
Facilities, in whole or in part, shall be paid to Developer to the extent of the then remaining balance
of the Principal Component of the Leasehold Value, plus any portion of the Interest Component
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 13
which is then accrued but not yet paid. The amount of the award which is in excess of the sum
needed to pay Developer the then remaining balance of the Principal Component, plus any accrued
but then unpaid portion of the Interest Component, shall be paid to the City.
Section 15. Liens.
The City shall pay or cause to be paid when due, all sums of money that may become due for,
or purporting to be for, any labor, services, materials, supplies or equipment alleged to have been
furnished or to be furnished to or for the Public Facilities throughout the term of the Sublease and
which may be secured by any mechanics', materialmen's or other lien against the Public Facilities
and/or Developer's interest therein, and the City shall further cause each such lien to be fully
discharged and released, provided however, that if the City and/or Developer desires to contest any
such lien, that party may do so upon posting security in a form and amount acceptable to the other
party sufficient to pay said sums in the event that said liens are reduced to final judgment. Developer
shall cooperate with the City in its efforts to discharge and release any liens pursuant to this Section
15 and shall further discharge and release or cause to be discharged and released any liens created
directly or indirectly by Developer on or against the Public Facilities.
Section 16. Quiet Enjoyment.
The parties hereto mutually covenant and agree that the City, by keeping and performing the
covenants contained herein, shall at all times during the term of this Agreement peaceably and
quietly, have, hold and enjoy the Public Facilities without hindrance or molestation by Developer
or anyone whose rights arise through Developer.
Section 17. Notices.
All notices, demands, offers, and correspondence and other communications required or
permitted under this Agreement shall be in writing and shall be personally delivered or sent by
registered or certified mail, postage prepaid. Any notices sent shall be deemed received upon the
earlier of.
(a) If personally delivered, the date of delivery to the address of the person
receiving such notice; or
(b) If mailed, three (3) business days after the date of posting by the United States
Post Office, in the form of and at the address set forth below:
If to the City:
City of La Quinta
Attention: City Manager
P. O. Box 1504
78-495 Calle Tampico
La Quinta, California 92253
IIEIIINIIIIII81111111111111111111191111 0/�'n-,:�
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 14
If to Developer and/or Owner:
Stamko Development Co.
2205 Poinsettia
Manhatten Beach, California 90266
Attention: Christine F. Clarke
A Party may change its address by giving notice and other writing to the other Party in
accordance with the notice provisions of this Section. Thereafter, notices, demands, correspondence
and other communications shall be delivered to the new address.
Section 18. Taxes.
During the term of this Agreement, the City shall be responsible for and pay when due any
ad valorem taxes, or special assessments, if any, levied upon the Dedicated Property, and/or Existing
Right of Way, and/or the Public Facilities or upon any parties' interest therein. The parties hereto
agree to cooperate with each other in any effort to apply for exemption from any such tax or
assessment. Throughout the term of this Agreement, Developer shall pay any gross receipt taxes,
income taxes or any other form of tax whatsoever which may be levied upon Developer's rental
income derived from this Agreement.
Section 19. Waiver.
The waiver by either party of any breach by the other parry of any term, covenant or condition
hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof. To be effective, any waiver must be in writing and signed by an authorized
representative of the party bound by said waiver.
Section 20. Default by the City.
If the City fails to pay any Base Rental Payments and/or Supplemental Rental Payments due
hereunder within ten (10) days from the date that such Base Rental Payment and/or Supplemental
Rental Payments is due and payable, or if the City fails to keep any other terms, covenants or
conditions herein for a period of thirty (30) days after written notice thereof from Developer to the
City, or if the City shall abandon or vacate the Public Facilities, or if the City's interest in this
Agreement or any part thereof shall be assigned or transferred in violation of the terms of this
Agreement, either voluntarily or by operation of law, then in such event the City shall be deemed to
be in default under the terms of this Agreement. If the City fails to deposit the Prepayment Amount
within 24 hours as provided in Section 7(a)(1), then Developer shall have the right to make a written
demand to the City to comply. If the City fails to comply with the demand for deposit within 24
hours following written notice by Developer then Developer has the right, at its option, and without
further notice or demand, to take the actions provided for in the succeeding paragraph of this Section,
including, but not limited to, seeking equitable relief.
111111YIMnYINYIYINNNYIIIIhYIVIYI �'°s;:�.-
C:\My Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 15
If the Developer sends a written notice of default as provided in the preceding paragraph, and
the City fails to remedy any default described in the notice then following thirty (30) days, Developer
has the right, at its option, and without further notice or demand, to do any one or more of the
following (and in connection with obtaining any equitable relief, City hereby acknowledges that
Developer may seek such equitable relief):
(1) Take any action or legal proceeding to recover Base Rental Payments and/or
Supplemental Rental Payments as they come due pursuant to Section 7 of this Agreement.
(2) To terminate this Agreement and all rights of City under this Agreement by giving
to City a written notice of termination. Upon termination, Developer may recover the worth at the
time of award of any unpaid Base Rental Payments and/or Supplemental Rental Payments earned
at the time of such termination. The "worth at the time of award" is computed by allowing interest
from the date of termination until the time of award at the rate of eight and one-half percent (8.5%).
The maximum amount recoverable shall be the amount of Base Rental Payments and/or
Supplemental Rental Payments plus interest due at the time of termination.
(3) If permitted under applicable law, to continue this Agreement in effect and obtain a
judgment and recover the amounts set forth in Subsection (2) above.
(4) Obtain a preliminary and permanent injunction from a court of competent jurisdiction
directing the City to make Base Rental Payments and/or Supplemental Rental Payments under this
Agreement as they become due pursuant to the terms and conditions of this Agreement.
(5) Obtain a preliminary and permanent injunction from a court of competent jurisdiction
directing the City to perform any other terms and conditions of this Agreement.
(6) Recover from the City all costs and fees incurred by it (including attorneys' fees and
40 co M court costs) in enforcing its rights under this Agreement, including, but not limited to collecting
9) o amounts due under this Agreement.
11��
co
Without limiting the generality of the foregoing, Developer shall have the remedy
described in California Civil Code Section 1951.4, providing that Developer may elect to continue
this Agreement in effect, after the City's breach and abandonment, and recover rent as it becomes
due, if the City has the right to sublet or assign, subject only to reasonable limitations.
Section 21. Default by Developer.
Q If Developer shall fail to keep any terms, conditions or covenants contained in this
Agreement for a period of thirty (30) days after written notice thereof from the City to Developer,
or if Developer shall file any petition or institute any proceedings wherein Developer asks or seeks
to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations, or offers
to its creditors to effect a composition or extension of time to pay Developer's debts, or Developer
seeks a reorganization or seeks to effect a plan of reorganization or readjustment of Developer's
debts, or if any such petition or proceeding of a same or similar nature shall be filed, or instituted
against Developer, and Developer shall fail to have such petition or proceeding dismissed within
sixty (60) days of its filing, then and in such event Developer shall be deemed to be in default
hereunder.
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-ftnal.wpd 16
If Developer should, after receiving written notice from the City, fail to remedy any such
default within sixty (60) days of delivery of said notice (sixty-five (65) days if the notice is sent by
mail), then the City shall have the right, at its option, to terminate this Agreement by delivering
written notice of such intent to terminate to Developer not less than sixty (60) days prior to the
effective date of such termination, and after the effective date of such termination, the City shall be
relieved of all obligations hereunder, provided however, in the event that the termination occurs after
the completion of the Public Facilities construction and their acceptance as complete by the City,
the City shall continue to make the Base Rental Payments and Supplemental Rental Payments
pursuant to Section 7 hereof for the thirteen -year term that the Agreement would have been in effect
if not terminated, to Developer or its successor in interest, as long as the City continues to use the
Public Facilities,
Section 22. Hazardous Materials.
(a) Developer's Representations. Developer hereby represents that, to the best
of its knowledge, the Dedicated Property is not in violation of any currently existing federal, state
or local hazardous materials laws. Developer further agrees that it shall indemnify, protect, defend
and hold harmless the City from and against any and all claims, liabilities, suits, losses, costs,
expenses and damages arising from any breach of the above representation, including but not limited
to attorneys' fees arising from any claim for loss or damage to property, including the Dedicated
Property, and the improvements thereon; for personal injury or death of persons; or for the cost of
remediation necessitated by the presence of hazardous materials which existed on the Dedicated
Property prior to the Commencement Date of the Sublease and not otherwise resulting from the
City's use or possession of the Dedicated Property.
(b) City's Representation. City hereby represents that, to the best of its
knowledge, the property constituting the Existing Right -of -Way is not in violation of any currently
existing federal, state or local hazardous materials laws. City further agrees that it shall indemnify,
protect, defend and hold harmless the Developer from and against any and all claims, liabilities,
suits, losses, costs, expenses and damages arising from any breach of the above representation,
including but not limited to attorneys' fees arising from any claim for loss or damage to property,
including the Existing Right -of -Way, and the improvements thereon; for personal injury or death of
persons; or for the cost of remediation necessitated by the presence of hazardous materials which
existed on the Existing Right -of -Way prior to the commencement date of the Lease and not
otherwise resulting from the Developer's use or possession of the Existing Right -of -Way.
Section 23. Attorneys' Fees.
In any action or arbitration arising directly or indirectly out of the terms of this Agreement,
the prevailing party shall be entitled to all costs and expenses, including without limitation, actual
attorneys' fees and costs of suit whether in equity or in an action at law, as may be necessary to
enforce the terms and conditions of this Agreement.
1111111111111111111111111111111111111111111111111111111 .',�'���a
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 17
Section 24. Option to Purchase.
The City at any time during the term of this Agreement, shall have the option to purchase the
Public Facilities in the manner provided in this Section. The City may exercise its option to
purchase the Public Facilities by giving Developer not less than sixty (60) days' prior written notice
of its intent to exercise such option. The City's notice of intent to exercise its option shall specify
the date upon which the purchase shall occur ("Purchase Date"), which Purchase Date must coincide
with the due date for the City's payment to Developer of a Base Rental Payment as such dates are
defined in Section 7 of this Agreement. Upon exercising its option to purchase the Public Facilities,
the purchase price ("Purchase Price") to be paid by the City to Developer shall be equal to the
outstanding balance, as of the Purchase Date, of the Principal Components of the Leasehold Value
attached hereto, plus any portion of the Interest Component which is accrued and unpaid on the
Purchase Date. On the Purchase Date, the City shall pay the full amount of the Purchase Price to
Developer in immediately available funds, and the City shall also pay at that time, in cash or other
immediately available funds, the amount of any Base Rental Payments which have accrued prior to
the Purchase Date, but which Base Rental Payments have not yet been paid to Developer. Upon the
City's exercise of its option and upon the City's payment to Developer of the Purchase Price and Base
Rental Payments as provided under the terms of this Section 24, all right, title and interest of
Developer in and to the Dedicated Property, Existing Right of Way, and the Public Facilities shall
be transferred to the City "as is" and without warranty. This option to purchase shall not effect the
payments, if any, due under the Supplemental Rental Payments Section 7(b)(2).
Section 25. Recordation and Filing.
Upon full execution of this Agreement, Developer shall record this Agreement in the Official
Records of the County Recorder for the County of Riverside, California.
Section 26. Entire Agreement.
This Agreement contains the entire Agreement of the parties hereto with reference to the
subject matter hereof, and supersedes all negotiations or previous agreements between the parties
with respect to all or any portion of the subject matter hereof.
Section 27. Validity and Severability.
If any one or more of the terms, provisions, promises, covenants or conditions contained in
this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any
reason whatsoever by a final decision of a court of competent jurisdiction, then each of the remaining
terms, provisions, promises, covenants and conditions contained herein shall remain unaffected
thereby and shall be valid and enforceable to the fullest extent permitted by law.
If for any reason this Agreement shall be held by a court of competent jurisdiction to be void,
voidable, or unenforceable by Developer or by the City, or if for any reason it is held by such a court
that the covenants and conditions of the City or Developer hereunder, including covenants to pay
rents as set forth in this Agreement, are unenforceable for the full term hereunder, then and in such
111111111111111111111111111111111111111111111111111111111111 a,:ffi.:618 of 3..
C:\My Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 18
event for and in consideration of the right of the City to possess, occupy and use the Public Facilities
and the right of Developer to occupy the Project, which rights in such event are hereby granted, this
Agreement shall thereupon become and shall thereafter be deemed to be a lease from year to year
under which the annual rentals herein specified will be paid by the City and Developer respectively.
Section 28. Headinis.
Any headings contained in this Agreement are solely for the purposes of convenience of
reference and shall not constitute a part hereof nor shall they be utilized to interpret any term or
condition contained in this Agreement.
Section 29. Counterparts.
This Agreement may be executed in any number of counterparts, each of which when so
executed shall be deemed to be an original, and all of which when taken together shall be deemed
a single original.
Section 30. Governing Law.
This Agreement shall be construed and governed by the laws of the State of California.
Section 31. Time of the Essence.
Time is of the essence with respect to this Agreement.
Section 32. Amendments.
This Agreement may be amended at any time, and from time to time provided, however, that
no amendment of this Agreement shall be effective unless such amendment is in writing and signed
by all parties hereto.
Section 33. Other Documents.
The parties hereto agree that each shall, concurrently herewith or at any time hereafter, upon
reasonable demand by the other, execute any other documents or instruments and do or cause to be
done any other acts as may be necessary or convenient to carry out the intent and purposes of this
Agreement.
Section 34. Successors.
Subject to the provisions contained herein, this Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the respective parties hereto.
111111111ll� a'�;�m�:�
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 19
Section 35. Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (a) the
party is duly organized and existing; (b) they are duly authorized to execute and deliver this
Agreement on behalf of said party; (c) by so executing this Agreement, such party is formally bound
to the provisions contained herein; (d) the entering into of this Agreement does not violate any
provision of any other agreement to which that parry is bound; and (e) there is no litigation nor legal
proceeding or other legal impediment which would prevent the parties from entering into this
Agreement.
Section 36. Exhibits and Recitals.
The Recitals contained in this Agreement, and each and every one of the Exhibits referenced
in this Agreement shall be deemed to be incorporated herein by this reference. The Exhibits attached
hereto are as follows:
Exhibit Description
"A"
Legal Description of Project Site
"B-1"
Legal Description of Right -of -Way Dedication (Adams)
"B-2"
Legal Description of Right -of -Way Dedication (Highway 111)
"C-1 "
Depiction of Right -of -Way Dedication (Adams)
64C-2"
Depiction of Right -of -Way Dedication (Highway 111)
66D-1"
Legal Description of Existing Right -of -Way (Adams)
44D-2"
Legal Description of Existing Highway 111 Right -of -Way
44E-1"
Depiction of Existing Right -of -Way (Adams)
"E-2"
Depiction of Existing Highway 111 Right-of-way
"F"
Public Facilities
"G"
Prepayment Schedules
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers for each of the parties and the official seals of the parties to be
hereto affixed, all as of the day and year first above written.
CITY OF LA QUINTA,
a municipal chartet ci
Date: ��%'% 7 B
Y
THOMAS P. GENOVESE, City Manager
AT ST:
NIA HENSLEY, De ty City Clerk
City of La Quinta, California
'
111111111111111111111111111111111111111111111111111111 ��°-�a��
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 20
APPROVED AS TO FORM:
C�ccM
DAWN HONEYWELL, eity Attorney
City of La Quinta, California
Date: By:
Y
Its:
111111111111111111111111111 ,a�:�,;=�v�
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 21
State of California
County of Riverside
On cl/2" A 9 before me, Phyllis Manley, Notary Public, personally appeared
Thomas P. Genovese and Dawn C. Honeywell, personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signatures on the instrument the persons or the entity
upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
(Seal)
190M
POW
01:0�oc"6.02
l *r�
1111111111111111111111111111111111111111111111111111111 ��'�a��—
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of G
County of
On
Date
personally appeared
Public")
Names) of Signer(s) '
❑ personally known to me — OR proved to me on the basis of atisfactory evidence to be the personN
whose name I subscribed to within instrument
and acknowle ed to me that 4w/ executed the
same in tiisl e heir authorized capaclty(�, and that by
tettity
r signature on the instrument the person(,
7_S ""' or upon behalf of which the erson
BETTY S. KID.. P (�) acted,
rr Comm ! I t executed the instrument.
N NOTARY PUBLIC • 8 CALIFORNIAlw� �!
LMonbnY County WITNESS my hand and official seal.
My Comm, Ex ra Mo t, �002
SiTatu of N ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Lim
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attomey-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
thumbTop of here
Signer's Name:
c
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
-. - "1 weuunm 1 v dry rssociauon - dzib Hammel Ave., P.O. Box 7184 - Canoga Park, CA 91309-71 a4 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
111111111111111111111111111111111111111111111111111111 .'.�,�"aP.W
EXHIBIT "A"
LEGAL DESCRIPTION OF PROJECT SITE
PROJECT SITE
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT
PORTION 11 THE NORTHTHE SOUTHWEST ONE -QUARTER OF SEC ION 29, TOWNSHIP 5
ST ONE -QUARTER LYING SOUTHERLY OF STATE
HIGHWAY 111 AND_
SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE -QUARTER
OF SECTION 29;
THENCE NORTH 00 20'28" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST
ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00 20'08" WEST A
DISTANCE OF 1565.71 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST ONE -
QUARTER OF SECTION 29;
THENCE NORTH 00 20'08" WEST, ALONG THE WESTERLY LINE OF THE NORTHWEST
ONE -QUARTER OF SECTION 29, A DISTANCE OF 318.50 FEET TO THE BEGINNING OF
A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2555.00
FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 19 32'07" WEST,
SAID POINT BEING ON THE SOUTH LINE OF THE STATE HIGHWAY CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED AUGUST 23, 1968 AS INSTRUMENT NO.
82038, OFFICIAL RECORDS;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 1153 09 , AN ARC DISTANCE OF 530.03 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND TANGENT TO LAST
MENTIONED CURVE, SOUTH 82 21'02" EAST A DISTANCE OF 1287.12 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
5055.00 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND EASTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06 03' 12", AN ARC DISTANCE
OF 534.06 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS
SOUTH 01 35 46 WEST, SAID POINT BEING ON THE ONE -QUARTE
R OF THE SOUTHWEST
Y LINE OF THE
EASTERLY 330.00 FEET OF THE NORTHEAST
ONE -QUARTER OF SAID SECTION 29;
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd
1111111111111111111111111111111111111111111111111111111 .'�:-ma.—
PROJECT SITE LEGAL DESCRIPTION CONTINUED
THENCE PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST ONE -QUARTER
OF SAID SECTION 29 AND NONTANGENT TO LAST MENTIONED CURVE, SOUTH 00
13'55" EAST A DISTANCE OF 1311.87 FEET TO A POINT ON THE SOUTHERLY LINE OF
THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 29;
THENCE NORTH 89 51'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 330.01
FEET TO THE NORTHWEST CORNER OF THE EASTERLY 660.00 FEET OF THE
SOUTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION
29;
THENCE SOUTH 00 13' 55" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 239.25
FEET;
THENCE NORTH 89 51' 38" WEST A DISTANCE OF 1987.25 FEET TO THE TRUE POINT OF
BEGINNING.
SUBJECT TO EXISTING EASEMENTS OF RECORD.
COMPRISING 87.72 ACRES, MORE OR LESS.
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd
1999-454163
EXHIBIT `B-1"
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION - ADAM STREET
A PORTION OF THE EASTERLY 25.00 FEET OF THE WESTERLY 55.00 FEET OF THE
SOUTHWEST ONE QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID SECTION 29,
THENCE ALONG THE WESTERLY LINE OF SAID SECTION 29 NORTH 00020'08"
WEST A DISTANCE OF 1087.25 FEET;
THENCE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE
OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AUGUST 2,
1995 AS INSTRUMENT NO. 251766, RECORDS OF SAID RIVERSIDE COUNTY,
SOUTH 89051'43" EAST A DISTANCE OF 30.00 FEET;
THENCE NORTHERLY ALONG A LINE PARALLEL WITH AND 30.00 FEET
EASTERLY OF THE WESTERLY LINE OF SAID SECTION 29 NORTH 001120'08"
WEST A DISTANCE OF 1110.16 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00020'08" WEST
A DISTANCE OF 225.79 FEET;
THENCE NORTH 89039'52" EAST A DISTANCE OF 25.00 FEET TO A POINT ON
A LINE PARALLEL WITH AND 55.00 FEET EASTERLY OF THE WESTERLY
LINE OF SAID SECTION 29;
THENCE SOUTHERLY ALONG SAID LINE SOUTH 00020'08" EAST A DISTANCE
OF 225.79 FEET;
THENCE NORTH 89039'52" WEST A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING.
SAID PORTION CONTAINS 5,645 SQUARE FEET, MORE OR LESS.
rrN
LAND S
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHEDEt�e
EXHIBIT "C-1" AND HEREBY BEING MADE APART HEREOF.6687
Exp. 06/30/00
P ARED N E SUPERVISION OF
LEH DATE
0:W0382%SURVEY%MAPWWADAMS.doc KEITH 1 TERNATIONAL. - PALM DESERT
KII 0 40382.000 760-346-MW 760a46-9W8
IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 14� 1129 68 of800A
Wa-MIT "B-2"
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION - HIGHWAY 111
A PORTION OF THE NORTHWEST ONE QUARTER AND THE SOUTHWEST ONE QUARTER OF
SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 29; THENCE NORTH
89039'42" EAST A DISTANCE OF 55.00 FEET;
THENCE ALONG A LINE PARALLEL AND 55.00 FEET EASTERLY OF THE WESTERLY LINE OF
SAID SECTION 29 NORTH 00020' 18" WEST A DISTANCE OF 251.83 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING NORTH 00020' 18" WEST A DISTANCE OF 3.29 FEET TO A POINT ON
THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 111;
THENCE NORTH 51031'44" EAST A DISTANCE OF 50.59 FEET TO A POINT ON A CURVE
HAVING A RADIAL BEARING OF NORTH 17024'49" EAST;
THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
2555.00 FEET THROUGH A CENTRAL ANGLE OF 09038'32" A DISTANCE OF 429.98 FEET;
THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY
I II SOUTH 82021'04" EAST A DISTANCE OF 992.56 FEET;
THENCE SOUTH 07038'56" WEST A DISTANCE OF 15.00 FEET TO A POINT ON A LINE
PARALLEL WITH AND 15.00 FEET SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF
HIGHWAY 111;
THENCE ALONG A LINE PARALLEL WITH AND 15.00 FEET SOUTHERLY OF THE SOUTHERLY
RIGHT OF WAY OF HIGHWAY I I I NORTH 82021'04" WEST A DISTANCE OF 992.56 FEET TO A
POINT OF CURVATURE;
THENCE CONTINUING ALONG A LINE PARALLEL WITH AND 15.00 FEET SOUTHERLY OF
THE SOUTHERLY RIGHT OF WAY OF HIGHWAY I I I ALONG THE ARC OF A CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 2570.00 FEET THROUGH A CENTRAL ANGLE
OF 09045'53" A DISTANCE OF 438.00 FEET;
THENCE SOUTH 53032' 16" WEST A DISTANCE OF 37.16 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PORTION CONTAINS 33,991 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT
"C_2" AND HEREBY BEING MADE A PART HEREOF.
1999-454163
0:440382\.SURVEYWIAP\RW-111.doc
KII # 40382.000
KEC! S
3v o
No. 6687
Exp. 06/30/00
P PAR DIFE DSUPERVISION OF
'0/
Po
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DALE5HXLERER 93M Sell— DATE
KEITH INTERNATIONAL. - PALM DESERT
760-348-9844 760-346-9368
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P.O.B.
W 1/4 COR SEC 29
T5S, RM SEMI
NBT39'5f E
25.00'
0
N
91
N8739'5Y E
25.00'
PARCEL OF LAND
;o SHOWN IN DEED
c RECORDED
AUGUST 2, 1995
AS INST. 251766.
N89'51'45'W 1987.24'
AVENUE 48 _
SW CDR SEC 29 SCALE 1" =300'
T5S, RX, SBM
0 •150 300 600 9(
RIGHT OF WAY DEDICATION - ADAMS STREET
-Planning PREPARED UNDER THE SUPERVISION OF: eED LAND S�
KEITH -civil
Engineering
-Archilscluu
INTERNATIONAL °�
INC.rw
-construction
PALM DESERT DIVISION Monogement
41-M__ Mk%WAIX • SURE •101 • PALM DESERT, CA • 92211
DALE K LEHER
(760) 30-9W • FA1t-(760) 3+6-9M
LS 66 EXP. 6-30-00
or eKE(jFy �f
I No.6687
Exp. 06/30/00
e=OW38'3f
R-2555.00'
L-429.98'
T=215.49'
lk
EXHIBIT "C— 2"
HIGHWAY > >
W ;2'f2I,04
z 1.0 w —�
6 N = -4 p-09'45'5Y 6'
c R-2570.00' 'W 992.56'
a vWi 4�- T1 L-438.00' NW 1 /4 SEC 29 — — — — — — — — -
- SW 1 44 jr 29
SEE DETAIL BELOW
W
LAJ
LINE TABLE
Cr
LINE
BEARING
LENGTH
N
T1
N8739'42'E
55•00'
72
NW20'1g'w
251.83'
(n
LO
T3
N00'20'18•W
3.29'
Q
T4
N51'31'44'E
50.59'
p
T5
NOT38'W E
15.00'
Q
T6
N5S32' 1 G" E
37.16'
W ILiJ
HI�HwAY
111
�IAI724`9'
T3
55'
g
�
1
Q
m��
G.1
a 3 t�Ji
p
T.P.O.B.
p
Q
O
NWy�
U)
N
<
CL
Cr
LLJ
Z�
p
SCALE 1" =400'
66?T%66661!!!
0 200 400 800 1200
DETAIL
SCALE 1" =100'
66e!l 66"!!!!l
0 50 100 200 300
RIGHT OF WAY DEDICATION — HIGHWAY 111
-Panning PREPARED UNDER THE SUPERVISION OF: 0 LAND SGR
—ng �� KEc
KEITH
E c"*''ur
-Archilectun
INTERNATIONAL -Landsc
fthi eecl�ure No. 6687
INC. -Land
ur
Surveying a / 4� Exp. 06/30/00
-Constructionl3L*
I�
PMM DESERT DIVISION Monagernent
DALE KE EHER DATE:
41-0 80AI10WALK • S1AIE 101 • PALM MIX. C4 - 92211 OF CALF
(760) 346-9644 • FAx�760) 346-9368 LS 668 EXP. 6-30-00
EXHIBIT "D-1"
EXISTING RIGHT OF WAY
ADAMS STREET
A PORTION OF THE NORTHWEST ONE QUARTER AND THE SOUTHWEST ONE QUARTER OF
SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 29, THENCE
ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29
NORTH 00020' 18" WEST A DISTANCE OF 255.12 FEET;
THENCE NORTH 89°39'42"
EAST A DISTANCE OF 55.00 FEET;
THENCE SOUTH 00020' 18"
EAST A DISTANCE OF 255.12 FEET;
THENCE SOUTH 00°20'08"
EAST A DISTANCE OF 200.00 FEET;
THENCE SOUTH 89°39'52"
WEST A DISTANCE OF 25.00 FEET;
THENCE SOUTH 00°20'08"
EAST A DISTANCE OF 255.79 FEET;
THENCE SOUTH 89039'52"
WEST A DISTANCE OF 30.00 FEET;
THENCE NORTH 00020'08" WEST A DISTANCE OF 455.75 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 32,703 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "E-1" AND
HEREBY BEING MADE A PART HEREOF.
0:\40382\SURVEY\MAP\RWADAMEX.doc
W I # 40382.000
r
EAN4 S
KEC(E
No. 6687
Exp. 06/30/00
PR RED U R SUPERVISION OF
D L DATE
KEITH I ERNATIONAL. - PALM DESERT
760.346-9844 760-346-9368
11111111Nl�l�l�l30 -°��":°�°
EXHIBIT "D-2"
EXISTING RIGHT OF WAY
HIGHWAY I I I
A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE A�CITY OF LA DTSFOLLOWS:UF
RIVERSIDE, STATE F CALIFORNIA, MORE PARTI�ARLY DESCRIBED A
BEGINNING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 29, THENCE
ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29
NORTH 00020' 18" WEST A DISTANCE OF 255.12 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG THE SAID WESTERLY LINE NORTH 00020' 18" WEST A
DISTANCE OF 121.99 FEET TO A POINT ON THE CENTERLINE OF HIGHWAY 111,
SAID POINT BEING ON A NON —TANGENT CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIAL BEARING OF NORTH 19°59'33" EAST;
THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2500.00 FEET
THROUGH A CENTRAL ANGLE OF 12020'36" A DISTANCE OF 538.59 FEET;
THENCE SOUTH 82021'04" EAST A DISTANCE OF 992.56;
THENCE SOUTH 07038'56" WEST A DISTANCE OF 55.00 FEET;
THENCE NORTH 82021'04" WEST A DISTANCE OF 992.56 FEET TO A POINT OF
CURVATURE;
THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 2555.00 FEET THROUGH A CENTRAL ANGLE OF 09038'32" A DISTANCE
OF 429.98 FEET;
THENCE SOUTH 51031'44" WEST A DISTANCE OF 50.59 FEET;
THENCE SOUTH 89039'42" WEST A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 87,812 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED LAND
EXHIBIT "E-2" AND HEREBY BEING MADE A PART HEREOF. �y�o ►c E c tf
v �P
No. 6687
Exp. 06/30/00
�q jE MCA E�
PR ARED LJNDE HE SUPERVISION OF
AL LE DATE
O:W03821SURVEYWIAPWW-111Ekdoc KEITH INTERNATIONAL. - PALM DESERT
KII N 40382.000 760-346-9844 760-346-9368
1999-454163
EXHIBIT "E-1"
N89'3 55.00E' i-l/G
3
� HwAY
m
o•
W 1/4 (MR SEC 29
75S, RX, SBMI
wl.
W �
H �
(/')
�I
QI
i
i
39
1s
0
N
2
J N89'39'57'E
25.00'
iz
R
N8739'5Y E
30.00'
PARCEL OF LAND
SHOWN iN DEED
RECORDED
AUGUST 2. 1995
AS MIST. 251766.
I SCALE 1" =300'
1.
0 150 300 600 9
EXISTING RIGHT OF WAY — ADAMS STREET PREPARED UNDER THE SUPERVISION OF: AND
-Pbnninq �c,P� LKEQ
KEITH Enge
nginNrinq � p
-Mcl►"eture
INTERNATIONAL — � No. 668'
LWW JINC. —gin < < 8 �/�/�
PALM DESERT DIVISION � �^N^t 4AKHER DATE: slq
�1-E65 BOARNAUc + sull 10� li 3m G 92211 LS 6687 EXP. 6-30-00 OF CP,0i
(760) 306 9W -FAQ( 601
EXHIBIT E- 2"
/�h
R=2500.00'
L=538.59'
T=270.34' '
T.P.0.8.
HIGHWAY 111
0
"27
~ R=2555.00' 2 1'04*W 992.56'
_ L=429.98' NW 1/4 SEC 29
—T=�i'ST9— SW 1 - SEC 29 — — — — — — — —T
N
1:NH
N
Q
Q
LINE TABLE
LINE
BEARING
LENGTH
T1
NW20'18'W
255.12'
T2
NW20'19*W
121.99'
T3
N0738'56'E
55.00'
T4
N51'31'44'E
50.59'
T5
N8739'4YE
55•00'
O
N
W
I
N
U)
M
N
Q
ZLj
W
°
Z
�v
SCALE 1" =400'
0 200 400 800 120(
EXISTING RIGHT OF WAY - HIGHWAY ill
F%nr inq PREPARED UNDER THE SUPERVISION OF: 5�� LAND StN
KEITH �KE(,�y`F`
-ArrtwllN:tun
INTERNATIONAL -„rctt°ur. No. 6687
4 INC. �`°"°
-co .cr n tu. I (! / Z ¢V Exp. 06/30/00
PALM DESERT DIVISION w°noq.m.nt
41-M B ARDIM • StA1E 101 . PxM DESERT. CA 1 92211 DALE KE EHER DATE: srgT �
(760) 30-9W 6 FAX-(760) 346-9M LS 6687 EXP. 6-30-00 f °F cA` �E
EXHIBIT "F"
PUBLIC FACILITIES
FOR PLANNING AREA I
1. ADAMS STREET IMPROVEMENTS (From Highway 111 to 47th Avenue)
UNIT
UNIT
COST
TOTAL
C08T
ITEM
ii1ATY
1
LS
$ 4,013.00 $
4,013
Rough Grading
Existing Pavement Saw Cut
1,570
LF
0.40
628
Existing Pavement Removal
400
SF
0.60
240
Existing Curb Removal
120
LF
4.00
480
Pavement (including
Westside Pavement
22,150
SF
1.92
42,528
Widening)
6" Type 'D' Curb
650
LF
8.00
5,200
Type A-6 Curb
455
LF
10.00
4,550
10' Wide Cross Cutter
1,830
SF
3.50
6,405
Access Ramps/Corner
2'
750.00
1,500
Cutbacks
6' Sidewalk
2,710
SF
2.50
6,775
Redwood Header
360
LF
2.00
720
Unclassified Excavation/
1
LS
15,000.00
15,000
Removal
1
LS
8,000.00
8,000
Water/Dust Control
1
LS
8,000.00
8,000
Traffic Control
1
LS
10,000.00
101000
Signing and Striping
1
LS
10,000.00
10,000
Mobilization
Parkway Landscaping
1
LS
22,740.00
22,740
1999-454163
OF
10/14/348of
� IIIIIIIIIII II 111IIIIII 131111111131111IIII
38
Exhibit F
Public Facilities
Page Two
Landscaped Median 1 LS 32,700.00 32,700
Dry Utilities 4,950 LF 286,548.00 286,�48
ADAMS STREET IMPROVEMENT ESTIMATED HARD COSTS $ 466,027
2. HIGHWAY 111 IMPROVEMENTS (West of La Quints Drive To Adams Street)
UNIT TOTAL
STEM
nnA�-- IT—Y UNIT COST COST
1 LS $ 4,013.00 $ 4,013
Rough Grading
Existing Pavement
Removal To Subgrade
Pavement
8' Meandering Sidewalk
loll Wide Cross Gutter
Type Al-8 Curb and
Gutter
Access Two Ramps/Corner
Cutbacks
Unclassified Excavation/
Removal
Water/Dust Control
Traffic Control
Signing and Striping
Mobilization
Signal Modification -
Adams and 111
New Signal - 111 Project
Entrance
14,050
SF
$ 0.60 $
8,430
32,400
SF
2.26
73,224
9,037
SF
2.50
22,593
3,330
SF
3.50
11,655
1,160
LF
11.00
12,760
5
EA
750.00
3,750
1
LS
15,000.00
15,000
1
LS
8,000.00
8,000
1
LS
10,000.00
10,000
1
LS
10,000.00
10,000
1
LS
10,000.00
10,000
1
LS
50,000.00
50,000
1
LS
100,000.00
100,000
1999-454163
Exhibit F
Public Facilities
Page Three
Parkway Landscaping 1 LS 156,070.00 156,070
Dry Utilities 120 LF 26,508.00 26,508
1811 D.I.P. Water Main 2,804 LF
68.72 192.695
HIGHWAY ill IMPROVEMENT ESTIMATED HARD COSTS $ 714,6-98
3. FEES FOR ADAMS STREET AND HIGHWAY 111 IMPROVEMENTS
UNIT TOTAL
ITEM QUANTITY TWIT COST COST
City 5% Agency Fee 1 LS 49,402.00 49,402
CVWD 54 Agency Fee 1 LS 9,265.00 9,635
Civil Engineering 10% 1 LS
Fee
Construction Staking 1 LS
7% Fee
Landscape Architect 1 LS
City Consultant 5% Fee 1 LS
ESTIMATED FEES FOR ADAMS STREET AND
HIGHWAY 111 IMPROVEMENT
4. CONTINGENCY
ITEM
Contingency 15%
ESTIMATED CONTINGENCY
118,073.00 118,073
82,651.00 82,651
30,000.00 30,000
59,036.00 59.036
UNIT TOTAL
QUANTITY UNIT COST COST
1 LS 229,429.00 229-429
S 229.429
PLANNING AREA I TOTAL ESTIMATED COSTS
FOR ADAMS STREET AND HIGHWAY ill IMPROVEMENTS
1111� ,.,,�,;o,,.w
$1,758,951
II�I�I���I�MwV�I�IYI�NIWINI ..19.�;p,::n�
HYPOTHETICAL RENTAL PAYMENT SCHEDULE
STAMKO DEVELOPMENT CO.
RESTATED AND AMENDED DEVELOPER LEASE AGREEMENT
A BASE RENTAL PAYMENT CALCULATION:
Initial Prepayment
Actual Infrastructure Casts
Amount to be Repaid by City
Amount of Bass Rental Payments
4 Quarter
(A)
(B)
(C)
Period
Annual
33% of
Amount
Ending
Sales
Sales
Available
Tax
Tax
for Rent
(Assumed)
Cot B (up tc
$122,250)
12/31/99
-
-
-
1 12/31/00
400,000
132,000
122,250
2 12/31 /01
550 ,000
181,500
122,250
3 12/31/02
4c-0,000
148,500
122.250
4 12/31/03
350,000
115,500
115,500
5 12/31/04
325.000
107.250
107,250
6 12/31/05
4sa,000
148,500
122,250
7 12/31/o6
Ssx:,000
181,500
122.250
8 12/31/07
6C0,000
198.000
122.250
9 12/31/08
650,000
214.500
122.250
10 12WA39
700,000
231,000
122,250
Note: Any Payr-+ent Shortall, including princi
SCENARIO 1
(Infrastructure Improvements LESS Than
$1.8 Million)
Total City Developer
$1,11W.000 $1.000.000 $800.000
100% 56% 44%
$1500,000 933,333 666,667
100% 66% 411%
SCENARIO 2
(Infrastructure Improvements EQUAL
$1.8 Million)
Total City Developer
$1,800,000 $7,000,000 5800,000
100% 66% 14%
$1,600,000 1,000,000 800.000
100% 69% 41 %
SCENARIO 3
(Infrastructure Improvements MORE Than
$1.8 Million)
Total City Developer
$1,800,000 $1,000,000 $800.W0
100% 56% 44%
$2,000.000 1,000.000 1.000 ,000
100% 60% 60%
(D) (E) (F)
Rental Principal Interest
(G)
Payment
(H)
Ending
I (D) - (E)
Rental Principal
(F)
Interest
(G) (M (D) (E)
Payment Ending Rental Principal
(F)
Interest
(G) (M
Payment Ending
Payment Paid Paid at
Shortfall
Balance
Payment Paid
Paid at
Shortfall Balance Payment Paid
Paid at
Shortfall Balance
8.50%
(Forgiven)
8.50%
(Forgiven
8.50%
(Forgiven)
Principal Due:
666,66
Principal Ow
300,000
Principal Due:j
800,000
W
122.250
65,583
56.667
601,083
122.250
54.250
68,000 -
45,
686,889
122,250
122,250
54,250
58,861
68,000
63.389
4
686,889
122.250
71,158
51,092 -
529,925
452,719
122,250
122,250
58,861
63.864
63.389 -
58.386 -
623,024
122.250
63,864
58,386
623.024
122,250
115,500
77206
77,019
45,044
38,481 6,750
368,950
115,500
62.543
52.957 6,750
553.731
115,500
62.543
52.957 6,750
553,731
478,549
107,250
75,889
31,361 15,000
278,061
107,250
60,183
47.067 15,000
478,549
107.250
60,183
47,067 15.000
40,677 -
396,975
122,250
98,615
23.635 -
179.446
122.250
81,573
40,677 -
33,743
396,975
308,468
122.250
122,250
81,573
88,507
33,743
308,468
122,250
106.997
15,253
72,449
122,250
122.250
88.507
96,030
26,220
212,438
122,250
96,030
26,220
212.438
78.607
72,449
6,158
122,250
1117.446
104,193
18,057 -
108,215
122.250
104.193
18.057
108,2150
-
108,245
9,201 -
0
117.446
108.245
9.201
pal and/or interest due in each payment year, is forgiven and (with principal deducted from outstanding balance) 9 Amount Available for Rent Is less than $122,250
HYPOTHE-ICAL RENTAL PAYMENT SCHEDULE
STAMKO DEVELOPMENT CO.
RESTATED AND AMENDED DEVELOPER
LEASE AGREEMENT
B SUPPLEMENTAL RENTAL PAYMENT CALCULATION
4 Quarter
(A)
(B)
(C)
(D)
(E) (F)
(G)
(H)
(I)
Period
Annual
Annual
Annual
Scheduled
Annual Principal
Interest
Payment
Ending
Ending
Sales
CPI
Sales Tax
Payment
Rental Paid
Paid at
Waived
Balance
Tax
(Assumed)
Threshhold
(Prin.&
Payment
8.50%
(Prin.&
(Principal)
(Assumed)
(Adjusted
Interest)
Interest)
by CPI)
Principal Due:
r 500,000
12/31/99
1 12/31/00
400.000
n/a
530,000
76,204
- -
-
76,204
466,296
m.�
2 12/31/01
550,000
2.00%
540,600
76,204
76,204 36,569
39,635
-
429,727
A o
3 12/31/02
450.000
2.35%
553,304
76,204
- -
76,204
390,050
W
0,�o
4 12/31 /03
350, 000
2. 50%
567,137
76,204
_ -
-
76,204
76,204
347,001
300,292
5 12/31/04
325,000
3.50%
586,986
76,204
- -
=
76,204
249,613
wODcoo w
6 12/31/05
450,000
1.50%
595,791
76,204
-
-
76,204
194,626
0
7 12/31/06
550,000
2.00%
607,707
76,204
-
-
76,204
134,966
8 12/31/07
9 12/31/08
600,000
650.000
2.50%
3.50%
622.900
644.701
76,204
76,204
- -
76,204 64,732
11,472
-
70,234
10 12/31/09
700,000
4.00%
670,489
76,204
76,204 70,234
5,970
-
(0)
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO'.
C, ITy OF 4fq 01�i�A
WAio
Gzw
RECEIVED FOR RECORD
AT 8:00 AM
MAR 111999
f�w, ' h am" MOoid�
of mvmw Owl, CdbmM
F1eO"*
Fees $.
SPACE ABOVE FOR RECORDERS USE ONLY
Title of Document
651-
r4-rvl fTO 0 tv,
C�vu,Lop in.
I I F 0i
THUSS AIR
R�l[��4e��L�'n4.uD -'� kla'
U3'7� 0 AY L. A.
THIS PAGE ADDED TO PROVIDE ADEQUATE
Recording FOAp RECORDING INFORMATION
($3.00 Add
STC-SCSD 996a (Rev 8/97)
98812
y FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement ("Amended Agreement") is made and entered
into this 1 st day of December, 1998, by and between the CITY OF LA QUINTA, a charter city
("City"), STAMKO DEVELOPMENT COMPANY, a California limited partnership ("Developer")
and THE TRUSTEE OF THE JUVONEN LIVING TRUST, a California Trust ("Partial Owner").
The City and Developer are hereinafter sometimes referred to individually as a "Party" and
collectively as the "Parties".
RECITALS
This Amended Agreement is predicated upon the following facts:
A. The City, Developer and Partial Owner originally entered into that certain
Development Agreement dated July 15, 1997 ("Original Augustg20�1997, and recordedent") authorized yon1ty Council
September
Ordinance No. 306 dated July 21, 1997, and effective
3, 1997.
B. Due to certain economic restraints beyond the control of any party to the Original
Agreement, the Developer is unable to perform according to the original unamended Specific Plan
and Developer Lease conditions and, therefore, has requested certain modifications to the site
planning conditions, the Development Agreement, and the Developer Lease to allow the Project to
proceed.
C. The City believes that all of the findings made in the Original Agreement remain true,
that the requested modifications by the Developer as set out in this Amended Agreement with
attachments are consistent with the General Plan , and all other applicable plans, rules, regulations
and official policies of the City of La Quinta and the approval of this Amended Agreement shall
promote the health, safety and general welfare of the City.
D. It is the intent of the Parties that on execution of this Amended Agreement, Developer
shall be obligated to complete the Public Improvements in the manner set forth herein and that
Developer will be entitled to proceed with the Project subject to the Amended Specific Plan 97-029,
and Conditional Use Permit 97-034 attached hereto and incorporated herein as Exhibits "D" and "E"
respectively, in accordance with this Agreement. and with City's rules, regulations and official
policies governing permitted uses, density, design, improvement and construction standards and
specifications in force on the date of this Amended Agreement.
E. Regarding Recital "H" to the Original Agreement: the Project will encompass three
planning areas ("Planning Areas").
F. On November 10, 1998, the Planning Commission of the City of La Quinta (the
"Planning Commission"), after giving -notice pursuant to Government Code Sections 65854, 65854.5
and 65866, held a public hearing on Developer's application for this Amended Agreement. On
C:\My Documents\WPDOCS\DARestAgmt.wpd I
98812
November 17, 1998, the City Council of the City of La Quinta ("City Council"), after providing
public notice as required by law, similarly held a public hearing to consider Developer's application
for this Agreement.
G. The Planning Commission and the City Council have found that the Amended
Agreement is consistent with the General Plan and all other applicable plans, rules, regulations and
official policies of the City.
H. In accordance with the requirements of the California Environmental Quality Act
"(Public Resources Code Sections 21000, et seq., ("CEQA")) , appropriate studies, analysis, reports
or documents were prepared and considered by the Planning Commission and the City Council. The
City Council, after making appropriate findings, certified, by Resolution 98-135, adopted on
November 17, 1998, a Supplemental Environmental Impact Report for the Project in compliance
with CEQA.
1. On December 1, 1998, the City Council adopted Ordinance No. 328 approving this
Amended Agreement with Developer. The Ordinance takes effect on January 14, 1999.
The parties hereto agree to amend the Original Agreement according to the following
specified revisions:
1. Definitions: In this Amended Agreement, the defined terms will have the same meaning as
in the Original Agreement except as may be otherwise noted in this Amended Agreement:
1.1. Authorizing, Ordinance: "'Authorizing Ordinance" means Ordinance No. 328
approving this Amended Agreement.
1.2 Effective Date: (Defined in Section 1.8 of the Original Agreement) . "Effective Date"
means the date that the Authorizing Ordinance as defined in this Amended Agreement becomes
effective.
1.3 Project: (Defined in Section 1.17 of the Original Agreement) "'Project" means a
regional commercial project designed around two main uses: an auto mall and/or a mixed regional
commercial development. The Project has three Planning Areas. Planning Area I will contain three
(3) new car dealerships or a mixed regional commercial development. Planning Area II will contain
either two (2) or six (6) new car dealerships and/or auto related commercial pads and/or a mixed
regional commercial development. Planning Area III will be a mixed commercial center. The three
Planning Areas are delineated in Exhibits "2" through "2-2" to Amendment No. I to the Specific
Plan. The development of the Project shall include all mitigation measures (on -site and off -site)
imposed as part of the CEQA review process, and as conditions to the issuance of Development
Approvals, including, but not limited to, the Specific Plan, and Conditional Use Permit consistent
with this Amended Agreement.
1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as
amended by Amendment No. 1 approved by the City Council on November 17, 1998. A reference
to "Amendment to Specific Plan refers only to Amendment No. 1 to Specific Plan.
CAMy Documents\WPDOCSiDARestAgmt.wpd 2
98812
2. Change to Section 3.1.: The second and third sentences of Section 3.1 are changed to read
as follows:
"Developer will endeavor to develop the Property in accordance with the three Planning
Areas specified on the Project Site (Exhibits "A-1, "A-2" and "A-3" ). Planning Area I has
approximately 13.2 acres; Planning Area I has approximately 28.14 acres; and Planning Area
III has approximately 36.73 acres. Developer will endeavor to develop the three Planning
Areas in accordance with the four scenarios set out in the Amended Specific Plan."
3. Change to Section 3.2: The first sentence of Section 3.2 is amended to read in full as
follows:
"The term of this Amended Agreement shall be approximately twelve (12) years,
commencing upon the Effective Date of Ordinance No. 328 approving this Agreement and
authorizing its execution and shall expire on January 14, 2011, unless otherwise terminated,
modified or extended by written mutual agreement pursuant to the terms of this Agreement."
4. Section 3.3: Add the words, "...or Section 3.3.3" after "Section 3.3.2" in:
(a) The first sentence of the first paragraph.
(b) The first and second sentences of the second paragraph.
5. Section 3.3.3: The following assignments of the rights of the assignor under this Amended
Agreement shall be made without the consent of City, but upon giving notice to the City
concurrently with any transfer of any part of the Property;
(a) From Developer to any member of Desert City Dealers, or to any other auto
dealer purchasing Property from Developer.
(b) From Developer to any person or entity using a portion of Planning Area II
for auto related uses.
(c) From Desert City Dealers to any member of Desert City Dealers.
(d) From Desert City Dealers to Developer pursuant to Developer's exercise of
its right to purchase any portion of the Property pursuant to the Option and Purchase Agreement as
amended between Developer and Desert City Dealers.
(e) From a member of Desert City Dealers who acquires title to a portion of the
Property to Developer pursuant to Developer's exercise of its right to purchase any portion of the
Property pursuant to the Option and Purchase Agreement as amended between Developer and Desert
City Dealers.
(f) In connection with the transfer of any portion of the Property located in
Planning Area 111.
CAMy Documents\WPDOCS\DARestAgmt.wpd 3
6. Section 4.3.1.: The first sentence is amended to read in full as follows:
"City and Developer agree that the EIR which is designated EA No. 97-337 as supplement
by the Supplemental EIR designated EA 97-337 and the obligations of Developer under this
Agreement to incorporate mitigation measures as part of the Project constitute full and
complete mitigation of any identified adverse environmental impacts generated by the
Project."
7. Section 5.2: Is amended to read as follows:
"5_2 Planning Areas:
Planning Area 1: Planning Area I will contain three (3) new car dealerships.
Planning Area II: Planning Area II will contain up to six (6) new car
dealerships and/or auto related commercial pads and/or a mixed regional commercial development
containing structures of up to 306,000 square feet.
Planning Area III: Planning Area III will be a mixed commercial center
containing structures of up to 400,000 square feet."
8. Section 5.3: The second sentence of Section 5.3 is amended to read in full as follows.
"The buildings in Planning Areas I, 11 and III shall be constructed on the Property
as specified in the Development Scenarios described in the Amendment to Specific
Plan."
9. Section 5.3. 1.: The maximum F.A.R. for all Planning Areas under all Development Scenarios
is .25.
10. Section 5.4: Is amended to read in full as follows:
"5.4 Phasing of Construction:
Scenarios as follows:
5.4.1. Phasing of Construction: The Project shall be developed in four
(a) . Development Scenario # 1:
(1) Three (3)new car dealership pads;
(ii) Six (6) new car dealerships and/or auto -related
commercial pads; and
(iii) 400,000 square feet of mixed regional commercial.
CAMy Documents\WPDOCs\DARestAgmt.wpd 4
(b) Development Scenario #2:
(i) Three (3) new car dealership pads;
(ii) Two (2) new car dealerships and/or auto -related
commercial pads; and
(iii) 610,000 square feet of mixed regional commercial.
(c) Development Scenario #3:
(i) Three new car dealership pads; and
(ii) 695,000 square feet of mixed regional commercial
(d) Development Scenario #4:
(i) 850,000 square feet of mixed regional commercial
development.
Developer shall construct or contribute to the construction of the Public
Improvements connected with Planning Area I, Planning Area II and Planning Area III as set forth
in the Developer Lease Agreement (Exhibit "C"), Specific Plan (Exhibit "D") and the terms of this
Amended Agreement."
"5.4.2. Develo"er: Developer agrees to exercise due diligence and submit to City
applications for all such necessary permits and approvals in accordance with applicable City
procedures and Existing Rules."
"5.4.3. City: City hereby agrees that it will accept from Developer for processing and
review all applications for Development Approvals for the use of the Property in accordance with
this Amended Agreement, providing that said applications are submitted in accordance with this
Agreement and the Existing Rules."
"5.4.4 Completion of Project: Developer agrees to diligently prosecute to completion
the construction of the Project and to complete construction of Planning Area I within the term of
this Amended Agreement subject to any such extensions as may hereafter become applicable in
accordance with the provisions of this Amended Agreement. Improvements, scheduling, dates, or
times of performance by either Party hereto may be subject to revision from time to time due to
factors which cannot be predicted and which are within the control of the Parties, such as economic
market conditions and demand interest rates and competition. Any such revision must be mutually
agreed to by the Parties in writing referencing this Section 5.4.4 and in recordable form. Such
revisions are deemed to be within the framework of this Amended Agreement as presently drafted
and executed and do not constitute amendments requiring new notice and hearing under local law."
11. Section 6.1. The second paragraph of Section 6.1 is amended to read in full as follows:
"The Developer shall provide the Public Improvements and pay all fees and other amounts
the payment of which is provided for pursuant to this Amended Agreement in conformity
with the timing of the development of the Public improvements set forth in this Amended
Agreement, and the Developer Lease Agreement; such performance shall be required so long
as this Amended Agreement remains in effect without regard to whether the Developer is
CAMy Documents\WPDOC$\DARestAgmt.wpd 5
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timely implementing the development of Project pursuant to this Amended Agreement.
Where this Amended Agreement sets forth a specific time for the provision of Public
Improvements or the payment of fees or other amounts, the Developer shall strictly comply
with such requirements. Where a Public Improvement fee, or other amount is required
pursuant to Existing Rules and the terms of this Amended Agreement to be paid at the time
of issuance of building permits and a specific date is not set forth in this Amended
Agreement for the provision of such Public Improvements or payment of such fees or
amounts, the Public Improvement, fee, or other amount shall be required to be provided at
the time building permits are issued for the structure."
12. Amendment of Exhibits. The Site Plans, the Developer Lease Agreement and Specific Plan,
which were Exhibits "A", "C", and "D" to the Original Agreement shall be completely restated and
amended in the forms attached hereto and/or supplemented as indicated in this Amended Agreement
or the attached Exhibits.
13. Section 13.3: Section 13.3 is amended to read in full as follows:
"The Developer shall provide funds for payment of all expenses associated with the Project
entitlement review including the environmental review by legal counsel and preparation by
consultant as well as the drafting of all documents for the project prepared by the City's legal
counsel. A Sixty -Eight Thousand Five Hundred Dollar ($68,500) advance deposit towards
this payment has to be provided to the City. In addition to the foregoing all application fees
shall be paid by Developer at the time of submittal for the revised specific plan and any other
required planning submittals."
14. No Other Chance: All sections of the original Agreement which have not been specifically
amended by this Amended Agreement shall remain intact and enforceable in their entirety.
IN WITNESS WHEREOF, this Amended Agreement has been executed by the
Parties and Partial Owner on the day and year first above written, as authorized by Ordinance No.
328 of the City Council of the City of La Quinta.
CITY OF LA QUINTA, a charter city
By:
TERRY rDERSON, Mayor Pro Tern
A'
�AUNDRA L.-JUHOLA, City Clerk
City of La Quinta, California
CAMy Documents\WPDOCS\DARestAgmt.wpd 6
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APPROVED AS TO FORM:
DAWN C. HONEYW�Cityy,rney
City of La Quinta, California
STAMKO DEVELOPMENT COMPANY,
A Californiakimited Partnership
By:
Its:
The Juvonen Living Trust
("All -Purpose" Acknowledgment) STEWART TITLE
STATE OF CA=IA
�7
COUNTY OF
c Q 4/y
d ,Srmatrry of Conr anO/ 7 q 7/ before e, M/ `f' "'L�
I(here insert name and title of the o cer), personally appea
W personally known to me (or proved to me on the basis of satisfactoryzv(� 14¢/✓3 4- 'ga ✓ONE
cc
LU evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed _
A* the same in his/her/their authorized ca aci p ty(ies), and that by s
his/her/their signature(s) on the instrument the person(s), or the entity L'NDA t�.MUI NDY
1 CaOm, �� 703, i
upon behalf of which the person(s) acted, executed the instrument. `
1 id0 . 3 CTc Ynia
, s CC—' WITNESS my nd cial seal.
Signature
(Seaq
C:\My Documents\WPDOCS\DARestAgmt.wpd 7
98812
State of California
County of Riverside
On March 10, 1999 before me, Regenia Hensley, Notary Public, personally appeared,
TERRY HENDERSON, Mayor Pro Tem, SAUNDRA L. JUHOLA, City Clerk and DAWN
C. HONEYWELL, City Attorney, personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the
instrument the person or the entity upon behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
R NIA HENSLEY
Notary Public
(Seal)
OFFICIAL SEAL
REGENIA HENSLEY P
COMM. #1107891
Notary Public - California
RIVERSIDE COUNTY
My Commission Expires
AUGUST 7 2000
OPTIONAL INFORMATION
Document Description: First Amendment to Development Agreement
by and between the CITY OF LA QUINTA and STAMKO
DEVELOPMENT COMPANY, a California limited partnership
and THE TRUSTEE OF THE JUVONEN LIVING TRUST, a
California Trust
Date Original Agreement entered into: July 15, 1997
Aulthorized by City Council Ordinance No. 306 dated July 21, 1997
Effective August 20, 1997
Recorded September 3, 1997
t
98812
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On — a�o --GJ9 , 199_, before me,
a
Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledge to me that he
executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
[SEAL] Signature \—���
MILLIE ARNOLD
Comm, # 1060303
• NOTARY PUBLIC CALFORN A
>� Ri6omde Cony
My Comm Expires May 28,1999
f
98 812
EXHIBIT C
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO )
AND MAIL TAX STATEMENTS TO: )
City of La Quinta )
78-495 Calle Tampico )
La Quinta, California 92253 )
Attn: City Clerk
(Space above for Recorder's Use)
RESTATED AND AMENDED
DEVELOPER LEASE AGREEMENT
THIS DEVELOPER LEASE AGREEMENT ("Agreement") is entered into as of the 1 st day
of December, 1998, by and among the City of La Quinta, a charter city . ("City") and Stamko
Development Co., a California limited partnership ("Developer") with reference to the following:
RECITALS
A. WHEREAS, Developer is the fee owner of certain property located in the City
("Project Site"), which Project Site is legally described on Exhibit "A" attached hereto and as further
described in the Specific Plan for the three development scenarios which include three car
dealerships in Planning Area 1; and
B. WHEREAS, in connection with the development of the Project, Developer intends
to dedicate and convey certain real property adjacent to Adams Street to the City and certain property
adjacent to Highway 111 to the State for public facilities ("Dedicated Property"), which Dedicated
Property is described on Exhibits "B-1" and `B-2" attached hereto and depicted on Exhibits "C-1"
and "C-2" attached hereto; and
C. WHEREAS, the City and State currently own certain rights -of -way adjacent to the
Project Site along Adams Street and Highway 111 ("Existing Rights -of -Way"), which Existing
Rights -of -Way are described on Exhibit "D-1" and "D-2" attached hereto and depicted on Exhibits
66E-1 " and "E-2"; and
D. WHEREAS, the City desires, subsequent to acquiring the Dedicated Property from
Developer, to lease the Dedicated Property and the Existing Right -of -Way, to Developer, for
purposes of having Developer construct thereon certain public facilities ("Public Facilities"), which
Public Facilities are described on Exhibit "F" attached hereto; and
E. WHEREAS, Developer has agreed to construct the Public Facilities on the Dedicated
and Existing Right -of -Way Property, and then to sublease the Public Facilities to the City pursuant
to this Agreement for the benefit of the public and in furtherance of public purposes of the City; and
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F. WHEREAS, Developer and City first approved a form of this Agreement on July 21,
1997; and
G. WHEREAS, due to economic conditions beyond the control of Developer, the
original form of this Agreement has become impractical and infeasible to perform; and
H. WHEREAS, the City believes that a revision to the original terms of the form of this
Agreement is in the best interest of the City and its general health, safety and welfare;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreement herein
contained, and other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, it is agreed as follows:
Section 1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall, for all
purposes of this Agreement, have the meanings herein specified.
(a) "Agreement' shall mean this Developer Lease Agreement.
(b) "Base Rental Payments" shall mean the rental payments payable by the City
to Developer pursuant to the Sublease, as described herein.
(c) "City" shall mean the City of La Quinta, California, a charter city duly
organized and existing under the laws of the State of California, and its successors and assigns.
(d) "Dedicated Property" shall mean that certain real property as described on
Exhibits `B-1" and `B-2" and depicted on Exhibits "C-1" and "C-2", which real property shall be
conveyed by Developer to the City and to the State pursuant to the terms of this Agreement.
partnership. (e) "Developer" shall mean Stamko Development Co., a California limited
M "Existing Right -of -Way" shall mean the existing right-of-way currently owned
by the City, as described in recital paragraph C hereof.
(g) "Interest Component' shall have the meaning set forth in Section 7 hereof.
(h) "Lease" shall mean the portion of this Agreement which constitutes the lease
of the Dedicated Property and the Existing Right -of -Way by City, as lessor, to Developer, as lessee
(see Section 3 below).
(i) "Lease Commencement Date" shall mean that date upon which the City
accepts Developer's dedication of the Dedicated Property.
0) "Leasehold Value" shall have the meaning set forth in Section 7 hereof.
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(k) "Principal Components" shall have the meaning set forth in Section 7 hereof.
(1) "Project" shall mean the commercial facility, including three car dealerships,
and related improvements described in recital paragraph A above.
(m) "Project Site" shall mean the real property described on Exhibit "A".
(n) "Public Facilities" shall mean the public facilities to be constructed on the
Dedicated Property and the Existing Right -of -Way by Developer described on Exhibit "F" attached
hereto.
(o) "Rental Period" shall have the meaning set forth in Section 7(b)(3) hereof.
(p) "Sales and Use Tax" shall mean the 1 % sales and use tax imposed and
received by the City under authority granted to the City pursuant to Section 7201 of the California
Revenue and Taxation Code.
(q) "Sales and Use Tax Revenues" shall mean any revenues collected by the City
pursuant to Sales and Use Tax as described above as a result of commercial activity generated by this
Project on this Project Site.
(r) "Specific Plan" shall mean the Specific Plan approved by the City Council
on December 1, 1998.
(s) "Sublease" shall mean the portion of this Agreement which constitutes the
sublease of the Dedicated Property and the Existing Right -of -Way by Developer, as sublessor, to
City, as sublessee (see Section 5 below).
(t) "Sublease Commencement Date" shall mean that date upon which the City
accepts the Public Facilities as being complete.
(u) "Term of this Agreement" shall mean that period of time commencing as of
the date of the transfer of the property in the Planning Area I to the three car dealership owners for
purposes of developing a minimum of three new car dealerships and terminating as of the date of
termination of the Sublease.
Section 2. Conveyance of Dedicated Property.
Developer shall convey or cause to be conveyed to the City or its designee, and the City or
its designee shall accept conveyance of, the Dedicated Property, for public purposes, prior to
Developer's seeking building permits for the construction of any portion of the Project. Developer
covenants that prior to conveying the Dedicated Property to the City or its designee, and provided
that the City performs its obligations as set forth in Section 7 of this Agreement, Developer shall
own fee title to all of the Dedicated Property, and that such Property shall be conveyed to the City
or its designee free and clear of all liens and encumbrances, except those approved in writing by the
City. Such conveyance of the Dedicated Property from Developer to the City or its designee shall
C:\My Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd
be deemed to be and is a condition precedent to the rights and obligations of the parties under the
terms of this Agreement, provided however, that such conveyance shall not be a condition precedent
to those obligations of the City under Section 7(b)(2) of this Agreement. Upon the Developer's
conveyance of the Dedicated Property to the City or its designee, this Agreement shall be recorded
in the Official Records of the County of Riverside, California.
Section 3. Lease Terms.
Effective upon the conveyance of the Dedicated Property to the City, or its designee, as
described above, the City (or its designee) hereby leases the Dedicated Property and Existing Right -
of -Way to Developer and Developer leases the Dedicated Property and Existing Right -of -Way from
the City, or its designee, on the terms and conditions set forth in this Agreement. Rent for the entire
term of the Lease shall be an advance payment by Developer to the City of the sum of $1.00. The
term of the Lease shall commence on the date that the City or its designee accepts conveyance of the
Dedicated Property and continue until the termination of the Sublease, as described in Section 5
herein, and, upon termination of the Sublease, the Lease shall likewise terminate.
Section 4. Construction of Public Facilities.
(a) Developer's Obligations. Developer shall finance and construct all of the
Public Facilities described on Exhibit ' F" attached hereto.
In general, the Public Facilities shall consist of:
Highway III from Adams Street to La Quinta Drive; Adams Street/Highway III
intersection; Adams Street from Highway I I I to 4r Street, including center median; La Quinta
Drive/Highway I I I intersection.
The Public Facilities shall be constructed concurrently with the Planning Area I of
the Project which includes a minimum of three auto dealerships.
In connection with the Public Facilities, Developer shall do the following:
(1) prepare plans and specifications for the Public Facilities in accordance
with City and/or State standards, and submit such plans and specifications to the appropriate City
and/or State departments for review and approval;
(2) provide the City with twenty (20) days written notice prior to the
commencement of construction;
(3) secure all necessary licenses, permits, rights of way, and rights of entry
as may be reasonably necessary for construction;
(4) prior to commencement of construction, Developer shall provide the
City with faithful performance and material payment bonds or other security as approved by City,
each in the amount of 110% of the estimated cost of construction, as determined by the City; the
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survey, amount and form of such bonds shall be subject to the approval of City Attorney; and such
bonds shall remain in full force and effect until the Public Facilities are accepted by the City, at
which time such bonds may be reduced to 10% of the cost of construction for a period of one (1) year
to guarantee against any defective work, labor or materials;
(5) provide workers' compensation insurance for all Developer employees
working on construction, in amounts as required by California law;
(6) provide and maintain comprehensive liability insurance which shall
name both Developer and the City as insureds, and which shall provide coverage from personal
injury claims, including accidental and/or wrongful death, and claims for property damage which
may arise directly or indirectly from Developer's construction work, or the performance of
Developer's obligations hereunder, whether such construction and performance is done by
Developer, or any constructor, subcontractor or other party employed directly or indirectly by any
of them; such insurance shall provide for limits of not less than $2,000,000 per occurrence and shall
further provide that the issuing company may not cancel, modify or terminate coverage unless it shall
have given the City thirty (30) days' prior written notice of such cancellation, termination or
modification; Developer shall assure that the insurance required by this section shall remain in full
force and effect throughout the construction of the Public Facilities, and Developer's failure to do
so shall be deemed a material breach of this Agreement; and
(7) upon completion of construction, convey to the City, in form and
substance acceptable to City Attorney, all rights of way and easements deemed necessary by the City
Engineer, in its reasonable discretion, for the operation and maintenance of the Public Facilities,
including ingress and egress easements as may be reasonably need for storm drain operation and
maintenance.
(b) City's Obligations. In connection with Developer's construction of the Public
Facilities, the City shall do the following:
(1) review and either approve or provide comments for necessary revisions
for the plans and specifications for the Public Facilities prepared by Developer in a timely manner
prior to the commencement of construction of said Public Facilities;
(2) inspect the construction of the Public Facilities as required; and
(3) upon completion and acceptance by the City of the Public Facilities
and conveyance of all required rights of way and easements, accept full responsibility for operation
and maintenance of the Public Facilities, except as to parkway maintenance responsibilities adjacent
to Highway I I I and Adams Street as outlined within the Specific Plan and Covenants, Conditions
and Restrictions which shall remain the responsibility of the Developer or its successors and assigns
(i.e., Property Owner Association).
Section 5. Sublease.
Effective upon the completion of the Public Facilities, Developer hereby subleases the Public
Facilities constructed on Adams Street (Exhibits "B-1" and "C-1") to the City and the City hereby
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 5
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subleases the Public Facilities construction on Adams Street (Exhibits "D-1" and "E-1") from
Developer on the terms and conditions set forth in this Agreement. The Public Facilities shall be
deemed to be "complete" upon final inspection and acceptance by the City. Concurrently, the Public
Facilities constructed on Highway II I (Exhibit `B-2", "C-2" and "D-2" and "E-2") shall be
transferred to the State of California.
Section 6. Term of the Sublease.
The Sublease shall begin as of the Sublease Commencement Date as defined in Section 1(t)
hereof. The Sublease shall end on the earlier of (1) December 31, 2011; (2) the time at which the
prepayment option is exercised under Section 7(a)(4); or (3) in the event of termination pursuant to
Section 20.
Section 7. Citv's Obligation under Sublease.
Under the terms of the Sublease, the City shall perform the following obligations:
(a) Prepayment of Certain Sublease Payments.
(1) Initial Prepayment. Agency shall receive notification of intent to close
escrow two weeks in advance. Within 24 hours of confirmation of close of escrow of the transfer
of property to the three auto dealers in Planning Area 1 of the Project, the City shall provide a
prepayment of a portion of the Sublease rent, to Wells Fargo Bank as a third parry administrator
("Administrator"), in an amount equal to One Million Dollars ($1,000,000)(the "Prepayment
Amount"). Within twenty-four (24) hours of City providing the Prepayment Amount to
Administrator, Developer shall provide an amount equal to Eight Hundred Thousand Dollars
($800,000) to the Administrator. The combined amount of $1.8 million shall be used to reimburse
Developer for the cost of constructing the Public Facilities specified on Exhibit "F". Reimbursement
draws shall be provided in accordance with Section 7(a)(3). Reimbursed amounts shall be funded
in accordance with Section 7(a)(3) below. Any amounts not necessary for the construction of the
Public Facilities shall be refunded back to City and Developer on a pro rata basis. In the event that
the $1.8 million is not sufficient to complete the Public Facilities, the Developer shall be solely
responsible for any additional amounts.
(i) As used in this Agreement, the term "Professional Services"
means civil engineering and construction staking (and all of their components) but does not include
landscaping. Developer shall bid the project (except Professional Services) to three to five qualified
firms to render services in the geographic area of the City. Developer hopes to solicit bids from at
least five firms. However, if five (5) qualified firms who render services in the geographic area of
the City cannot be found, then a less number, but not less than three (3) shall be sent bids.
Professional Services shall be bid to a minimum of three (3) qualified firms who render services in
the geographic area of the City.
(ii) The bid forms and specifications shall be prepared by
Developer and reviewed by the City for its approval. City shall review the draft bid forms and
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specifications within twenty (20) business days following delivery of the draft forms and
specifications to the City by Developer and shall review the final bid forms and specifications within
five (5) business days following delivery of the final forms and specifications to the City by
Developer. Developer and City shall work closely to develop final bid forms and specifications.
The bid forms and specifications shall separate public and private improvements. The City and
Developer shall jointly review all bids received. Developer shall select the bid winners, subject to
the reasonable approval of the City. In the event of any disagreement between Developer and the
City the parties shall meet and confer regarding resolution of the issue. Both parties shall negotiate
reasonably and in good faith.
(iii) The development and construction of the project may be bid
as a unit but it is contemplated that the individual work components of the project may bid separately
if elected by Developer. It is the intent of the City and the Develop that the Developer will obtain
the best quality for the best price in all aspects of the project.
(2) When the bids are received, Developer may or may not negotiate with
individual bid respondents to improve the price and/or quality of the bid response. In the event that
bid that is selected by the Developer contains aggregate costs for either the Professional Services
(including, in this instance, landscaping) or the "hard costs" of the project which exceed 50% of the
aggregate amount of each category of costs estimated on attached Exhibit F, then Developer and the
City shall meet and confer regarding the overages. The 50% measure referred to the preceding
sentence shall include amounts which Developer has expended and for which Developer will receive
reimbursement. In the event that Developer and the City, negotiating reasonably and in good faith,
are unable to arrive at a compromise regarding the excess, then either parry shall have the right to
terminate this Lease in written notice to the other. During the course of construction, the City shall
have the right to approve of any change orders for any contract which exceed $25,000 as an increase
in cost. City will review any change order request within five (5) business days following the
submission of the request to the City. If Developer and City disagree on the change order, then
Developer and the City shall meet and confer regarding the change order and shall negotiate
reasonably and in good faith.
(3) Reimbursement Procedure. Reimbursement draws shall be made upon
proof of actual expenses as provided in this Subsection (3) and shall be verified by the City and a
consultant ("Consultant") retained by the City. The expenses of the Consultant, which shall be no
more than five percent (5%) of the hard costs of construction of the Public Facilities, shall be a part
of the costs of the Public Facilities as specified on attached Exhibit "F" and shall be disbursed to the
Consultant upon the joint invoice approval of City and Developer. Developer shall have ten (10)
business days to review the invoice of Consultant following submission of the request to Developer.
(i) An initial disbursement shall be made to the Developer for
previously incurred pre -development costs and fees upon verification of such costs and fees by the
City and Consultant in accordance with the provisions of this Subsection (3).
(ii) Prior to each and every disbursement under this Agreement,
the conditions specified in Subsection (iii) though (v) shall be satisfied.
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(iii) At least ten (10) business days prior to a requested
disbursement, Developer shall deliver to Consultant and City a request ("Request") for the amount
of the Disbursement. The Developer shall certify in the Request that it is accurate and complete.
The Request shall specifically identify the nature of each expense, including, but not limited to, by
reference to the line items set forth in attached Exhibit F, and shall specify the status of completion
of the construction.
(iv) City shall review the Request and the accompanying
documentation and determine that the work is within the scope of Public Facilities. This review
shall occur within ten (10) business days of receipt of Developer's request. For all items approved,
payment shall be authorized within fifteen (15) days of the receipt of the request. The City shall
advise the Developer of any issues with respect to the amounts requested by the Developer within
twenty (20) days of the receipt of the request from Developer.
(v) The City shall have received appropriate waivers of mechanics'
and materialmen's lien rights and stop notice rights executed by all contractors and other persons
rendering service or delivering materials covered by the Request.
(vi) Developer shall deliver to City within five (5) business days
following the first day of each month: a monthly report which shall set forth the following for the
prior calendar month; any force mageure delay; an update of the construction schedule; and any other
material matters relating to the completion of the Public Facilities.
(vii) Checks shall be issued by Wells Fargo Bank to Developer upon
the written request jointly signed by Developer and City.
(viii) In the event there is a dispute between the City and Developer
regarding any Request, then within five (5) business days following the twenty (20) days specified
in Subsection (iv) above, the City, Consultant, and Developer shall meet and confer regarding the
disputed amount. If the disputed amount is in excess of $50,000 or when the total of all unresolved
disputed amounts equals $50,000, or more, or when construction of the Public Facilities has been
completed without regard to the unresolved amount in dispute, then either Developer or the City may
request alternative dispute resolution ("ADR") before a retired judge appointed by JAMS, or similar
organization. The ADR hearing:
1. Shall be before a judge with experience in construction cost cases;
2. Shall be heard within forty-five (45) days following the date of the request for the ADR;
3. The City and Developer shall divide initially the cost of the ADR, but the judge shall have
the right to apportion the costs between the parties in a manner deemed reasonable by the
judge and consistent with the decision of the judge in ADR.
(4) Subsequent Prepayment. The City has the right but not the obligation
to prepay either the Base Rental Payments or the Supplemental Rental Payments. In the event of a
determination to prepay, the schedule attached hereto as "Exhibit G" and incorporated by this
reference shall be used to determine prepayment amounts. In the event that the City elects to prepay
the entire payment, the Sublease would be terminated.
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(b) Rental Payments. The City agrees to pay to Developer, on a quarterly basis,
rental payments ("Rental Payments") for the applicable rental period or portion thereof throughout
the term of the Sublease. All Rental Payments shall be allocated as set forth in this Section 7.
Rental Payments shall potentially include Base Rental Payments and Supplemental Rental Payments.
(1) Amount of Base Rental Payments. Base Rental Payments shall be
calculated as follows: From the Sublease Commencement Date and continuing through the term of
the Sublease, Base Rental Payments shall be thirty-three percent (33%) of the Sales and Use Tax
Revenues generated by businesses or activities located on the Project Site up to a maximum amount
of One Hundred Twenty -Two Thousand Two Hundred and Fifty Dollars ($122,250) in any twelve
(12) month period of the Sublease. In any twelve (12) month period where the Base Rental Payment
is less than $122,250, the amount which is the difference between the amount paid and the $122,250
shall be forgiven and shall be deducted from the First Principal Component, as if paid in full.
(2) Amount of Supplemental Rental Payments. Supplemental Rental
Payments shall be contingent upon a minimum annual Sales and Use Tax Revenue payment to the
City of Five Hundred Thirty Thousand Dollars ($530,000), adjusted annually by the CPI index for
Riverside and San Bernardino counties for that year. If the threshold is met, a payment of Seventy -
Six Thousand Four Hundred Eleven Dollars ($76,411) shall be made for that year. There shall be
ten (10) annual payments of Supplemental Rental Payments. Each Payment shall be due no earlier
than: 1) forty-five (45) days after the receipt of the revenue reconciliation report; and 2) the first
anniversary date of the first twelve (12) months following the first full calendar quarter in which
Sales and Use Tax Revenues are generated by businesses or activities located on the Project Site.
If in any year (the same four calendar quarters used to calculate the first annual payment) the
minimum annual sales and use tax fails to meet $530,000 this payment including interest shall be
forgiven.
(3) Time for Payment. The City's obligation to pay Base Rental Payments
shall begin on the Sublease Commencement Date. The City shall make quarterly Base Rental
Payments to Developer for each rental period ("Rental Period") or portion thereof, which Rental
Period shall consist of each calendar quarter. Each Base Rental Payment for a Rental Period shall
be due to Developer Forty -Five (45) days after the City receives its Sales and Use Tax Revenue
Reconciliation Report for the Rental Period.
(4) Form of Rental Payments. Each Base Rental Payment and/or
Supplemental Rental Payment shall be paid in lawful money of the United States of America, by
warrant or check drawn against funds of the City, and mailed or delivered to the address provided
for Developer in Section 17 of this Agreement.
(5) Records Required. If requested by the City, Developer shall provide,
or cause each business or activity located on the Project Site to provide, to the City, all Sales and Use
Tax information. Generally, the City shall rely on the Sales and Use Tax information supplied by
the State and the City's accountant consultants.
The City shall maintain sufficient records and accounts to separately identify
all Sales and Use Tax Revenues paid to it from businesses and activities located on the Project Site,
and shall provide to Developer, at the time of making each Rental Payment, a written accounting
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with respect to each Payment.
(6) Certain Definitions. As used in this Agreement, the following will
have the indicated meanings:
(i) "First Principal Component" means the amount of $800,000.
(ii) "Second Principal Component" means the amount of 500,000.
(iii) "Principal Components" means the total of both First Principal
Component and Second Principal Component.
(iv) "Interest Component": Simple interest on the Principal
Components which shall accrue at the rate equal to eight and one-half percent (8.5%) per annum
payable as provided in this "Agreement until the Principal Components are paid or forgiven in full.
(v) "Leasehold Value" means the total of the Principal
Components and the Interest Component.
Section 8. Limit on Total Payments.
Notwithstanding anything to the contrary herein, the Rental Payments payable by the City
to Developer during the term of the Sublease shall not exceed the full amount of the Leasehold Value
and are specifically limited to Sales and Use Tax Revenues as described in Section 8 herein. In the
event that the Rental Payments over the term of this Agreement do not equal the Leasehold Value
due to the fact that certain amounts have been forgiven as set out in "B(1)" and `B(2)", the
Developer agrees that no further payments are due and all obligations of the City are satisfied.
The Interest Component shall commence to accrue on the date of the Sublease
Commencement Date and shall accrue until the Principal Components are paid or forgiven in full
or, if the Sublease is terminated validly before such payment as provided in the Agreement then the
Interest Component shall cease accruing upon the payment by City to Developer of all amounts
which become due to Developer as a result of the termination of this Agreement.
Section 9. Source of City's Payment Obligations.
The obligation of the City to Developer to pay the Base Rental Payments and/or the
Supplemental Rental Payments shall be a special and not a general obligation of the City, and shall
be payable solely from the Sales and Use Tax Revenues received by the City from businesses and
activities conducted on the Project Site. Prior to the time that the full amount of the Leasehold Value
under this Agreement is fully paid to Developer as provided herein, the City shall not pledge or
encumber the Sales and Use Tax Revenues derived or to be derived from businesses or activities
operating on the Project Site so as to impair Developer's rights hereunder. During the term of this
Agreement, any subsequent pledge of the Sale and Use Tax Revenues generated from the businesses
and activities conducted on the Project Site shall be subject and subordinate to Developer's rights
hereunder. Notwithstanding any provision herein to the contrary, in the event that the State of
California's allocation of Sales and Use Tax Revenues to the City is changed, revised or otherwise
amended after the date of this Agreement, the City and Developer each agree to meet in good faith
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to revise this Agreement to reflect as closely as possible the original intent of the parties in entering
into this Agreement with respect to the allocation of Sales and Use Tax Revenues.
Section 10. Right of First Refusal.
As additional consideration, the City shall have a right of first refusal to purchase lots 4 and
5 in Planning Area II (as such lots are shown in Exhibit 2 to the Specific Plan) for $5.57 per square
foot plus 8.5% annual interest until July 1, 2000 and lots 6, 7, 8, and 9 in Planning Area II (as such
lots are shown in Exhibit 2 to the Specific Plan) for $4.75 per square foot plus 8.5% interest until
December 31, 1999.
Section 11. Maintenance Repair. Additions and Improvements to Public Facilities.
(a) Operating and Maintenance Expense. Throughout the term of the Sublease,
the City shall, at its sole expense, operate, maintain, repair and/or replace as necessary, the Public
Facilities (subject to the Sublease related to Adams Street and not including any Public Facilities
dedicated to another public entity) and insure that said Public Facilities remain in good order,
condition and repair at a level of service consistent with that maintained for similar types of public
improvements located elsewhere throughout the City. The parties hereto acknowledge and agree that
Developer shall have no obligation to incur any expense of any kind or character in connection with
the management, operation, repair, replacement or maintenance of the Public Facilities during the
term of the Sublease. Throughout the term of the Sublease, the City shall keep the Public Facilities
free and clear of all liens, charges, and encumbrances. Notwithstanding any damage to the Public
Facilities from whatever source, the City shall, throughout the term of the Sublease, repair the Public
Facilities consistent with this Section without any interruption or abatement of its rental obligations
as set forth hereunder.
(b) Additions and Improvements to the Public Facilities. The City shall have the
right throughout the term of this Agreement, to make any additions or improvements to the Public
Facilities, to attach fixtures, structures or signs, and to affix any personal property thereto, provided
the use of the Public Facilities for the purposes contemplated in this Agreement is not impaired in
any way. Title to all personal property placed in or on any of the Public Facilities shall remain with
the City, provided however, that any modifications or improvements which constitute fixtures will
automatically become subject to this Agreement. Subject to the foregoing, the title to any personal
property, improvements or fixtures which may be placed on the Property by any sublessee or licensee
of the City shall be controlled by the terms of the sublease or license contract entered into by the City
with such sublessee or licensee.
Upon Developer's completion of construction of the Public Facilities and their
acceptance by the City, Developer shall have no further obligation of any kind to make any additions,
improvements, repairs or other changes to the Public Facilities. In the event that Developer elects
to make additions, improvements or other changes to the Public Facilities it shall do so only with the
prior written consent of the City. Any such additions, improvements or other changes shall comply
with the encroachment permit rules of the City and all other applicable City building requirements.
Notwithstanding the foregoing, should Developer make application for additional on site
improvements beyond those contemplated by the Project, Developer may, at that time, be
conditioned to make further improvements to the Public Facilities as part of the approval for such
additional on site developments.
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Section 12. Indemnification.
(a) Indemnification by the City. The City agrees for the term of the Sublease, it
shall indemnify, defend and hold harmless Developer, its officers, agents, employees, directors and
representatives from any loss, claim, expense, and/or penalties arising directly or indirectly from the
Public Facilities and the City's operation, maintenance and repair thereof, save and except those
losses, claims, expenses and/or penalties arising from the gross negligence or willful misconduct of
Developer. Such indemnification shall include, without limitation, indemnification for damage or
claims for personal injury, including death, and claims for property damage, and including any costs
incurred by Developer in defending against same, including without limitation, actual attorneys' fees.
The City represents that it is self -insured as a member of a joint powers insurance
authority (the "Authority") as to public liability insurance against claims for bodily injury or death
or damage to property occurring upon, or about the improvements. In the event that the City elects
to purchase liability insurance in the future rather than remaining self -insured with the Authority,
such liability insurance shall, during the term of this Sublease, name Developer as an additional
insured to the extent appropriate to comply with the provisions of this Section 12.
(b) Indemnification by Developer. The Developer agrees that throughout the term
of the Lease, it shall indemnify, defend and hold harmless the City, its officers, agents, employees
and representatives from any loss, claim, expense and/or penalties arising directly or indirectly from
Developer's construction of the Public Facilities, committed in connection with Developer's
performance of or failure to perform its obligations under the terms of the Lease. Developer agrees
that throughout the term of the Sublease, it shall indemnify and hold harmless the City, its officers,
agents, employees and representatives from any loss, claim, expense and/or penalties arising directly
or indirectly from Developer's gross negligence or willful misconduct committed in connection with
Developer's performance of or failure to perform its obligations under the terms of the Sublease.
Such indemnification, above identified, shall include, without limitation, indemnification for
damages or claims for personal injury, including death, and claims for property damage, and
including any costs incurred by City in defending against same, including without limitation, actual
attorneys' fees.
Section 13. Sale, Transfer or Assignment. The City shall have the right to permit the
nonexclusive use of all or any portion of the Public Facilities by any third parry as may be necessary
to serve the public purposes of the City, provided however, that no sale, transfer or assignment of
all or any portion of the City's rights under the terms of this Agreement shall be construed as
relieving the City from any or all of its obligations as set forth in this Agreement. Specifically, it is
contemplated that all or portions of those Public Facilities to be constructed adjacent to Highway I I I
shall be transferred to the State of California and removed from both the Lease and the Sublease and
shall no longer be subject to any part of this Agreement relating to such Lease and Sublease after
completion, however, such transfer shall not affect the obligation of the City to pay the full
Leasehold Value to Developer according to the terms and limitations of this Agreement. Except as
otherwise provided in this Agreement, the Developer shall not assign all or any portion of its rights
and obligations hereunder to any successors -in -interest to the Project Site or portion thereof, except
with the prior written consent of the City, which consent shall not be unreasonably withheld. Any
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such assignment shall not relieve Developer of its obligations under the terms of this Agreement,
except upon express written consent of the City. Notwithstanding anything contained herein to the
contrary, the Developer may, without the prior written consent of the City, assign any or all of its
rights and obligations hereunder to any Affiliated Entity. For purposes of this Agreement, an
"Affiliated Entity" shall mean any corporation, partnership, limited liability company or other form
of business entity in which Developer has not less than a fifty percent (50%) ownership interest and
not less than fifty percent (50%) management control.
Any sale, transfer or assignment of the rights and obligations of either party under the
terms of this Agreement shall require thirty (30) days prior written notice to the other party of such
assignment, provided however, that no such prior written notice shall be required in connection with
any of the following:
(1) An assignment by Developer which consists of the conveyance for the purpose
of securing loans to be used solely for the financing of the direct and indirect costs of the Public
Facilities, including without limitation, financing costs, interest and commissions, planning, design,
construction, development and leasing of the Public Facilities to be constructed by Developer,
provided that the assignee of any such assignment shall receive only the right to collect Base Rental
Payments due under the terms of this Agreement.
(2) Transfers resulting from a sale of Developer's interest in the Public Facilities,
or the Dedicated Property, or Existing Right of Way, or any portion thereof at foreclosure (or a
conveyance thereof in lieu of a foreclosure) pursuant to a foreclosure thereof by a lender.
(3) Subject to the terms contained in Section 11(a) of this Agreement, the
conveyance or dedications of any portion of the Public Facilities, or the Dedicated Property, or the
Existing Right of Way, to the City or other appropriate governmental agency, or the granting of
easements or permits to facilitate the development of the Project.
Section 14. Eminent Domain.
If the whole of the Public Facilities shall be taken under the power of eminent domain, then
this Agreement shall terminate as of the date possession shall be so taken. If less than the whole of
the Public Facilities shall be taken under the power of eminent domain, then this Agreement shall
continue in full force and effect and shall not be terminated by virtue of such taking, and the parties
hereto waive the benefit of any law to the contrary, and in such event there shall be a partial
abatement of the Base Rental Payments due under the terms of this Agreement.
Any award made in eminent domain proceedings for the taking or damaging of the Public
Facilities, in whole or in part, shall be paid to Developer to the extent of the then remaining balance
of the Principal Component of the Leasehold Value, plus any portion of the Interest Component
which is then accrued but not yet paid. The amount of the award which is in excess of the sum
needed to pay Developer the then remaining balance of the Principal Component, plus any accrued
but then unpaid portion of the Interest Component, shall be paid to the City.
Section 15. Liens.
The City shall pay or cause to be paid when due, all sums of money that may become due for,
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or purporting to be for, any labor, services, materials, supplies or equipment alleged to have been
furnished or to be furnished to or for the Public Facilities throughout the term of the Sublease and
which may be secured by any mechanics', materialmen's or other lien against the Public Facilities
and/or Developer's interest therein, and the City shall further cause each such lien to be fully
discharged and released, provided however, that if the City and/or Developer desires to contest any
such lien, that party may do so upon posting security in a form and amount acceptable to the other
party sufficient to pay said sums in the event that said liens are reduced to final judgment. Developer
shall cooperate with the City in its efforts to discharge and release any liens pursuant to this Section
15 and shall further discharge and release or cause to be discharged and released any liens created
directly or indirectly by Developer on or against the Public Facilities.
Section 16. Quiet Enjoyment.
The parties hereto mutually covenant and agree that the City, by keeping and performing the
covenants contained herein, shall at all times during the term of this Agreement peaceably and
quietly, have, hold and enjoy the Public Facilities without hindrance or molestation by Developer
or anyone whose rights arise through Developer.
Section 17. Notices.
All notices, demands, offers, and correspondence and other communications required or
permitted under this Agreement shall be in writing and shall be personally delivered or sent by
registered or certified mail, postage prepaid. Any notices sent shall be deemed received upon the
earlier of:
(a) If personally delivered, the date of delivery to the address of the person
receiving such notice; or
(b) If mailed, three (3) business days after the date of posting by the United States
Post Office, in the form of and at the address set forth below:
If to the City:
City of La Quinta
Attention: City Manager
78-495 Calle Tampico
La Quinta, California 92253
If to Developer and/or Owner:
Stamko Development Co.
10100 Santa Monica Boulevard, Suite 400
Los Angeles, California 90067
Attention: Christine F. Clarke
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A Party may change its address by giving notice and other writing to the other Party in
accordance with the notice provisions of this Section. Thereafter, notices, demands, correspondence
and other communications shall be delivered to the new address.
Section 18. Taxes.
During the term of this Agreement, the City shall be responsible for and pay when due any
ad valorem taxes, or special assessments, if any, levied upon the Dedicated Property, and/or Existing
Right of Way, and/or the Public Facilities or upon any parties' interest therein. The parties hereto
agree to cooperate with each other in any effort to apply for exemption from any such tax or
assessment. Throughout the term of this Agreement, Developer shall pay any gross receipt taxes,
income taxes or any other form of tax whatsoever which may be levied upon Developer's rental
income derived from this Agreement.
Section 19. Waiver.
The waiver by either parry of any breach by the other party of any term, covenant or condition
hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof. To be effective, any waiver must be in writing and signed by an authorized
representative of the party bound by said waiver.
Section 20. Default by the Citv.
If the City fails to pay any Base Rental Payments and/or Supplemental Rental Payments due
hereunder within ten (10) days from the date that such.Base Rental Payment and/or Supplemental
Rental Payments is due and payable, or if the City fails to keep any other terms, covenants or
conditions herein for a period of thirty (30) days after written notice thereof from Developer to the
City, or if the City shall abandon or vacate the Public Facilities, or if the City's interest in this
Agreement or. any part thereof shall be assigned or transferred in violation of the terms of this
Agreement, either voluntarily or by operation of law, then in such event the City shall be deemed to
be in default under the terms of this Agreement. If the City fails to deposit the Prepayment Amount
within 24 hours as provided in Section 7(a)(1), then Developer shall have the right to make a written
demand to the City to comply. If the City fails to comply with the demand for deposit within 24
hours following written notice by Developer then Developer has the right, at its option, and without
further notice or demand, to take the actions provided for in the succeeding paragraph of this Section,
including, but not limited to, seeking equitable relief.
If the Developer sends a written notice of default as provided in the preceding paragraph, and
the City fails to remedy any default described in the notice then following thirty (30) days, Developer
has the right, at its option, and without further notice or demand, to do any one or more of the
following (and in connection with obtaining any equitable relief, City hereby acknowledges that
Developer may seek such equitable relied:
(1) Take any action or legal proceeding to recover Base Rental Payments and/or
Supplemental Rental Payments as they come due pursuant to Section 7 of this Agreement.
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(2) To terminate this Agreement and all rights of City under this Agreement by giving
to City a written notice of termination. Upon termination, Developer may recover the worth at the
time of award of any unpaid Base Rental Payments and/or Supplemental Rental Payments earned
at the time of such termination. The "worth at the time of award" is computed by allowing interest
from the date of termination until the time of award at the rate of eight and one-half percent (8.5%).
The maximum amount recoverable shall be the amount of Base Rental Payments and/or
Supplemental Rental Payments plus interest due at the time of termination.
(3) If permitted under applicable law, to continue this Agreement in effect and obtain a
judgment and recover the amounts set forth in Subsection (2) above.
(4) Obtain a preliminary and permanent injunction from a court of competent jurisdiction
directing the City to make Base Rental Payments and/or Supplemental Rental Payments under this
Agreement as they become due pursuant to the terms and conditions of this Agreement.
(5) Obtain a preliminary and permanent injunction from a court of competent jurisdiction
directing the City to perform any other terms and conditions of this Agreement.
(6) Recover from the City all costs and fees incurred by it (including attorneys' fees and
court costs) in enforcing its rights under this Agreement, including, but not limited to collecting
amounts due under this Agreement.
Without limiting the generality of the foregoing, Developer shall have the remedy
described in California Civil Code Section 1951.4, providing that Developer may elect to continue
this Agreement in effect, after the City's breach and abandonment, and recover rent as it becomes
due, if the City has the right to sublet or assign, subject only to reasonable limitations.
Section 21. Default by Developer.
If Developer shall fail to keep any terms, conditions or covenants contained in this
Agreement for a period of thirty (30) days after written notice thereof from the City to Developer,
or if Developer shall file any petition or institute any proceedings wherein Developer asks or seeks
to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations, or offers
to its creditors to effect a composition or extension of time to pay Developer's debts, or Developer
seeks a reorganization or seeks to effect a plan of reorganization or readjustment of Developer's
debts, or if any such petition or proceeding of a same or similar nature shall be filed, or instituted
against Developer, and Developer shall fail to have such petition or proceeding dismissed within
sixty (60) days of its filing, then and in such event Developer shall be deemed to be in default
hereunder.
If Developer should, after receiving written notice from the City, fail to remedy any such
default within sixty (60) days of delivery of said notice (sixty-five (65) days if the notice is sent by
mail), then the City shall have the right, at its option, to terminate this Agreement by delivering
written notice of such intent to terminate to Developer not less than sixty (60) days prior to the
effective date of such termination, and after the effective date of such termination, the City shall be
relieved of all obligations hereunder, provided however, in the event that the termination occurs after
the completion of the Public Facilities construction and their acceptance as complete by the City,
the City shall continue to make the Base Rental Payments and Supplemental Rental Payments
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pursuant to Section 7 hereof for the thirteen -year term that the Agreement would have been in effect
if not terminated, to Developer or its successor in interest, as long as the City continues to use the
Public Facilities,
Section 22. Hazardous Materials.
(a) Developer's Representations. Developer hereby represents that, to the best
of its knowledge, the Dedicated Property is not in violation of any currently existing federal, state
or local hazardous materials laws. Developer further agrees that it shall indemnify, protect, defend
and hold harmless the City from and against any and all claims, liabilities, suits, losses, costs,
expenses and damages arising from any breach of the above representation, including but not limited
to attorneys' fees arising from any claim for loss or damage to property, including the Dedicated
Property, and the improvements thereon; for personal injury or death of persons; or for the cost of
remediation necessitated by the presence of hazardous materials which existed on the Dedicated
Property prior to the Commencement Date of the Sublease and not otherwise resulting from the
City's use or possession of the Dedicated Property.
(b) City's Representation. City hereby represents that, to the best of its
knowledge, the property constituting the Existing Right -of -Way is not in violation of any currently
existing federal, state or local hazardous materials laws. City further agrees that it shall indemnify,
protect, defend and hold harmless the Developer from and against any and all claims, liabilities,
suits, losses, costs, expenses and damages arising from any breach of the above representation,
including but not limited to attorneys' fees arising from any claim for loss or damage to property,
including the Existing Right -of -Way, and the improvements thereon; for personal injury or death of
persons; or for the cost of remediation necessitated by the presence of hazardous materials which
existed on the Existing Right -of -Way prior to the commencement date of the Lease and not
otherwise resulting from the Developer's use or possession of the Existing Right -of -Way.
Section 23. Attorneys' Fees.
In any action or arbitration arising directly or indirectly out of the terms of this Agreement,
the prevailing party shall be entitled to all costs and expenses, including without limitation, actual
attorneys' fees and costs of suit whether in equity or in an action at law, as may be necessary to
enforce the terms and conditions of this Agreement.
Section 24. Oration to Purchase.
The City at any time during the term of this Agreement, shall have the option to purchase the
Public Facilities in the manner provided in this Section. The City may exercise its option to
purchase the Public Facilities by giving Developer not less than sixty (60) days' prior written notice
of its intent to exercise such option. The City's notice of intent to exercise its option shall specify
the date upon which the purchase shall occur ("Purchase Date"), which Purchase Date must coincide
with the due date for the City's payment to Developer of a Base Rental Payment as such dates are
defined in Section 7 of this Agreement. Upon exercising its option to purchase the Public Facilities,
the purchase price ("Purchase Price") to be paid by the City to Developer shall be equal to the
outstanding balance, as of the Purchase Date, of the Principal Components of the Leasehold Value
attached hereto, plus any portion of the Interest Component which is accrued and unpaid on the
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Purchase Date. On the Purchase Date, the City shall pay the full amount of the Purchase Price to
Developer in immediately available funds, and the City shall also pay at that time, in cash or other
immediately available funds, the amount of any Base Rental Payments which have accrued prior to
the Purchase Date, but which Base Rental Payments have not yet been paid to Developer. Upon the
City's exercise of its option and upon the City's payment to Developer of the Purchase Price and Base
Rental Payments as provided under the terms of this Section 24, all right, title and interest of
Developer in and to the Dedicated Property, Existing Right of Way, and the Public Facilities shall
be transferred to the City "as is" and without warranty. This option to purchase shall not effect the
payments, if any, due under the Supplemental Rental Payments Section 7(b)(2).
Section 25. Recordation and Filins.
Upon full execution of this Agreement, Developer shall record this Agreement in the Official
Records of the County Recorder for the County of Riverside, California.
Section 26. Entire Agreement.
This Agreement contains the entire Agreement of the parties hereto with reference to the
subject matter hereof, and supersedes all negotiations or previous agreements between the parties
with respect to all or any portion of the subject matter hereof.
Section 27. Validity and Severabili1y.
If any one or more of the terms, provisions, promises, covenants or conditions contained in
this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any
reason whatsoever by a final decision of a court of competent jurisdiction, then each of the remaining
terms, provisions, promises, covenants and conditions contained herein shall remain unaffected
thereby and shall be valid and enforceable to the fullest extent permitted by law.
If for any reason this Agreement shall be held by a court of competent jurisdiction to be void,
voidable, or unenforceable by Developer or by the City, or if for any reason it is held by such a court
that the covenants and conditions of the City or Developer hereunder, including covenants to pay
rents as set forth in this Agreement, are unenforceable for the full term hereunder, then and in such
event for and in consideration of the right of the City to possess, occupy and use the Public Facilities
and the right of Developer to occupy the Project, which rights in such event are hereby granted, this
Agreement shall thereupon become and shall thereafter be deemed to be a lease from year to year
under which the annual rentals herein specified will be paid by the City and Developer respectively.
Section 28. Headings.
Any headings contained in this Agreement are solely for the purposes of convenience of
reference and shall not constitute a part hereof nor shall they be utilized to interpret any term or
condition contained in this Agreement.
Section 29. Counterparts.
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 18
98812
This Agreement may be executed in any number of counterparts, each of which when so
executed shall be deemed to be an original, and all of which when taken together shall be deemed
a single original.
Section 30. Governini; Law.
This Agreement shall be construed and governed by the laws of the State of California.
Section 31. Time of the Essence.
Time is of the essence with respect to this Agreement.
Section 32. Amendments.
This Agreement may be amended at any time, and from time to time provided, however, that
no amendment of this Agreement shall be effective unless such amendment is in writing and signed
by all parties hereto.
Section 33. Other Documents.
The parties hereto agree that each shall, concurrently herewith or at any time hereafter, upon
reasonable demand by the other, execute any other documents or instruments and do or cause to be
done any other acts as may be necessary or convenient to carry out the intent and purposes of this
Agreement.
Section 34. Successors.
Subject to the provisions contained herein, this Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the respective parties hereto.
Section 35. Authorily.
The persons executing this Agreement on behalf of the parties hereto warrant that (a) the
party is duly organized and existing; (b) they are duly authorized to execute and deliver this
Agreement on behalf of said party; (c) by so executing this Agreement, such parry is formally bound
to the provisions contained herein; (d) the entering into of this Agreement does not violate any
provision of any other agreement to which that parry is bound; and (e) there is no litigation nor legal
proceeding or other legal impediment which would prevent the parties from entering into this
Agreement.
Section 36. Exhibits and Recitals.
The Recitals contained in this Agreement, and each and every one of the Exhibits referenced
in this Agreement shall be deemed to be incorporated herein by this reference. The Exhibits attached
hereto are as follows:
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 19
88812
Exhibit Description
"A"
Legal Description of Project Site
"13-1"
Legal Description of Right -of -Way Dedication (Adams)
4413-2"
Legal Description of Right -of -Way Dedication (Highway 111)
"C-1"
Depiction of Right -of -Way Dedication (Adams)
"C-2"
Depiction of Right -of -Way Dedication (Highway 111)
"D-l"
Legal Description of Existing Right -of -Way (Adams)
46D-2"
Legal Description of Existing Highway I I I Right -of -Way
"E-1"
Depiction of Existing Right -of -Way (Adams)
64E-2"
Depiction of Existing Highway 111 Right-of-way
"F"
Public Facilities
"G"
Prepayment Schedules
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers for each of the parties and the official seals of the parties to be
hereto affixed, all as of the day and year first above written.
CITY OF LA QUINTA,
a municipal charter city
Date:
THOMAS P. GENOVESE, City Manager
ATTEST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
STAMKO DEVELOPMENT CO.,
a California limited partnership
Date: By:
Its:
THE JUVONEN LIVING TRUST
Date: By
Its:
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd 20
98812
EXHIBIT "A"
TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF PROJECT SITE
PROJECT SITE
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT
PORTION OF THE NORTHWEST ONE -QUARTER LYING SOUTHERLY OF STATE
HIGHWAY 111 AND THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5
SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE -QUARTER
OF SECTION 29;
THENCE NORTH 00 20'28" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST
ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00 20'08" WEST A
DISTANCE OF 1565.71 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST ONE -
QUARTER OF SECTION 29;
THENCE NORTH 00 20'08" WEST, ALONG THE WESTERLY LINE OF THE NORTHWEST
ONE -QUARTER OF SECTION 29, A DISTANCE OF 318.50 FEET TO THE BEGINNING OF
A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2555.00
FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 19 32'07" WEST,
SAID POINT BEING ON THE SOUTH LINE OF THE STATE HIGHWAY CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED AUGUST 23, 1968 AS INSTRUMENT NO.
82038, OFFICIAL RECORDS;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 11 53'09", AN ARC DISTANCE OF 530.03 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND TANGENT TO LAST
MENTIONED CURVE, SOUTH 82 21'02" EAST A DISTANCE OF 1287.12 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
5055.00 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND EASTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06 03' 12", AN ARC DISTANCE
OF 534.06 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS
SOUTH 01 35' 46" WEST, SAID POINT BEING ON THE WESTERLY LINE OF THE
EASTERLY 330.00 FEET OF THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST
ONE -QUARTER OF SAID SECTION 29;
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd
98812
PROJECT SITE LEGAL DESCRIPTION CONTINUED
THENCE PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST ONE -QUARTER
OF SAID SECTION 29 AND NONTANGENT TO LAST MENTIONED CURVE, SOUTH 00
13'55" EAST A DISTANCE OF 1311.87 FEET TO A POINT ON THE SOUTHERLY LINE OF
THE NORTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 29;
THENCE NORTH 89 51'46" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 330.01
FEET TO THE NORTHWEST CORNER OF THE EASTERLY 660.00 FEET OF THE
SOUTHEAST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION
29;
THENCE SOUTH 00 13' 55" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 239.25
FEET;
THENCE NORTH 89 51' 38" WEST A DISTANCE OF 1987.25 FEET TO THE TRUE POINT OF
BEGINNING.
SUBJECT TO EXISTING EASEMENTS OF RECORD.
COMPRISING 87.72 ACRES, MORE OR LESS.
CAMy Documents\WPDOCS\DALeaseAmd-Stamko-final.wpd
98812
EXHIBIT `B-1" OF EXHIBIT "C"
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION — ADAM STREET
A PORTION OF THE EASTERLY 25.00 FEET OF THE WESTERLY 55.00 FEET OF THE
SOUTHWEST ONE QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID SECTION 29,
THENCE ALONG THE WESTERLY LINE OF SAID SECTION 29 NORTH 00020'08"
WEST A DISTANCE OF 1087.25 FEET;
THENCE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE
OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AUGUST 2,
1995 AS INSTRUMENT NO. 251766, RECORDS OF SAID RIVERSIDE COUNTY,
SOUTH 89051'43" EAST A DISTANCE OF 30.00 FEET;
THENCE NORTHERLY ALONG A LINE PARALLEL WITH AND 30.00 FEET
EASTERLY OF THE WESTERLY LINE OF SAID SECTION 29 NORTH 00020'08"
WEST A DISTANCE OF 1110.16 FEET TO THE TRUE POINT OF BEGINNING,
THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00020'08" WEST
A DISTANCE OF 225.79 FEET;
THENCE NORTH 89039'52" EAST A DISTANCE OF 25.00 FEET TO A POINT ON
ALINE PARALLEL WITH AND 55.00 FEET EASTERLY OF THE WESTERLY
LINE OF SAID SECTION 29;
THENCE SOUTHERLY ALONG SAID LINE SOUTH 00020'08" EAST A DISTANCE
OF 225.79 FEET;
THENCE NORTH 89039'52" WEST A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING.
SAID PORTION CONTAINS 5,645 SQUARE FEET, MORE OR LESS.
S�Q LAND S
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED �``�P�� KEc�F
EXHIBIT "C-1" AND HEREBY BEING MADE APART HEREOF. v o No. 6687
O:WM82\SU RVEY\MAP\RWADAMS.doc
KII # 40382.000
Exp. 06/30/00
P ARED N E SUPERVISION OF
ber 12. 1998
LEH DATE
KEITH I TERNATIONAL. - PALM DESERT
760-346-9844 760-346-9368
98812
EXHIBIT `B-2" OF EXHIBIT "C"
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION - HIGHWAY 111
A PORTION OF THE NORTHWEST ONE QUARTER AND THE SOUTHWEST ONE QUARTER OF
SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 29; THENCE NORTH
89039'42" EAST A DISTANCE OF 55.00 FEET;
THENCE ALONG A LINE PARALLEL AND 55.00 FEET EASTERLY OF THE WESTERLY LINE OF
SAID SECTION 29 NORTH 00020' 18" WEST A DISTANCE OF 251.83 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING NORTH 00020' 18" WEST A DISTANCE OF 3.29 FEET TO A POINT ON
THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 111;
THENCE NORTH 51031'44" EAST A DISTANCE OF 50.59 FEET TO A POINT ON A CURVE
HAVING A RADIAL BEARING OF NORTH 17024'49" EAST;
THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
2555.00 FEET THROUGH A CENTRAL ANGLE OF 09038'32" A DISTANCE OF 429.98 FEET;
THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY
111 SOUTH 82021'04" EAST A DISTANCE OF 992.56 FEET;
THENCE SOUTH 07038'56" WEST A DISTANCE OF 15.00 FEET TO A POINT ON ALINE
PARALLEL WITH AND 15.00 FEET SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF
HIGHWAY I11;
THENCE ALONG A LINE PARALLEL WITH AND 15.00 FEET SOUTHERLY OF THE SOUTHERLY
RIGHT OF WAY OF HIGHWAY 111 NORTH 82021'04" WEST A DISTANCE OF 992.56 FEET TO A
POINT OF CURVATURE;
THENCE CONTINUING ALONG A LINE PARALLEL WITH AND 15.00 FEET SOUTHERLY OF
THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 111 ALONG THE ARC OF A CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 2570.00 FEET THROUGH A CENTRAL ANGLE
OF 09045'53" A DISTANCE OF 438.00 FEET;
THENCE SOUTH 53032' 16" WEST A DISTANCE OF 37.16 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PORTION CONTAINS 33,991 SQUARE FEET, MORE OR LESS. ��� LAND S
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXIIIBIT \``�P�E
"C-2" AND HEREBY BEING MADE A PART HEREOF. v No. 6687
0:M0382\SURVEY\MAP\RW-111.doc
KII 0 40382.000
Exp. 06/30/00
P PAR D U 00,
p
E SUPERVISION OF
iember 12. 1998
DALE LE ER DATE
KEITH INTERNATIONAL. - PALM DESERT
760-346-9844 760-346-9368
98812
EXHIBIT "C-1" OF EXHIBIT "C"
T.P.O.B. -I-,-PI
F—
Ld g
LLJ
F—
V)
3
V) 'bS
Q o
p to
< Iz
W 1/4 CDR SEC 29
T5S, R7E, SBM
N89'39'5YE
25.00'
3
io
0
0
EA
NW39'5Y E
25.00'
PARCEL OF LAND
SHOWN IN DEED
RECORDED
AUGUST 2. 1995
AS INST. 251766.
N8751'43"W 1987.24'
_ AVENUE 48 _
P�SW COR SEC 29 SCALE 1" =300'
T5S, R7E, SBM
0 150 300 600 900
RIGHT OF WAY DEDICATION — ADAMS STREET
—Civil—Planning
PREPARED UNDER THE SUPERVISION OF: �I-AND
KEITH EngineeringKEZFy
—Architecture
INTERNATIONAL Archi ecture No. 6687
-�
INC.—Conyru�getion l� Exp. 06/30/00
PALM DESERT DIVISION Management
DALE K LEHER ATE:
(760) 30 9W v F 7( 60) 30-933M G 92211 LS 66 EXP. 6-30-00 q OF cAQF`
98812
EXHIBIT "C-2" OF EXHIBIT "C"
A=09'38'32'
R=2555.00'
L=429.98'
T=215.49'
0
b' _ HIGHWAY 111
A=09'45'53' '�-
o4•W �— R=2570.00' N8221992.56'
L-438.00' NW 1 /4 SEC 29 _ _ _ —
—T--fl n - SW 1 %4 SEC 29 T5
SEE DETAIL BELOW
W
W
LINE TABLE
F-
LINE
BEARING
LENGTH
V)
Tt
N8739'42 E
55.00'
T2
NW20'18"W
251.83'
N
V
T3
N00'20'18"W
3.29'
Q
T4
N51'31'44"E
50.59'
Q
T5
N07'38'56* E
15.00'
T6
N5S32' 16' E
37.16'
W
W
V)
v CZ)
HIGHW7Q!-'-
\24 49QR2_
T3
," N
55'
T.P.O.B.
DETAIL
SCALE 1" =400'
0 200 400 800 1200
SCALE 1" =100'
66?!%6666"!!!l
0 50 100 200 300
RIGHT OF WAY DEDICATION - HIGHWAY 111 1
—Planning PREPARED UNDER THE SUPERVISION OF: io LAND S��G
Cw
KEITH Engineering vC,� OP�F Ce��C�
—Architecture
INTERNATIONAL —Arch° ec°ure No. 6687
—Land
INC. 5urv*ying• �� 1 Exp.06/30/00
—Construction
PALM DESERT DIVISION Management A4"
41-865 OWMAIX • SIAiE 101 . PALM DESERT, CA 92211 DALE KE EHER DATE: sT9T
(760) 346-9844 • FAX (760) 346-930 LS 668 EXP. 6-30-00 E cA� �F
98812
EXHIBIT "D-1" OF EXHIBIT "C"
EXISTING RIGHT OF WAY
ADAMS STREET
A PORTION OF THE NORTHWEST ONE QUARTER AND THE SOUTHWEST ONE QUARTER OF
SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 29, THENCE
ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29
NORTH 00020' 18" WEST A DISTANCE OF 255.12 FEET;
THENCE NORTH 89039'42" EAST A DISTANCE OF 55.00 FEET;
THENCE SOUTH 00020' 18" EAST A DISTANCE OF 255.12 FEET;
THENCE SOUTH 00020'08" EAST A DISTANCE OF 200.00 FEET;
THENCE SOUTH 89039'52" WEST A DISTANCE OF 25.00 FEET;
THENCE SOUTH 00020'08" EAST A DISTANCE OF 255.79 FEET;
THENCE SOUTH 89039'52" WEST A DISTANCE OF 30.00 FEET;
THENCE NORTH 00020'08" WEST A DISTANCE OF 455.75 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 32,703 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "E-1" AND
HEREBY BEING MADE A PART HEREOF.
0:M0382\SU RVEY\MAP\RWADAMEX.doc
KII # 40382.000
LAND SG
KE(4F�
o
No. 6687
Exp. 06/30/00
PR RED UZO
SUPERVISION OF
O;"
DXWrlWl DATE
KEITH NTERNATIONAI PALM DESERT
760-346-9844 760-346-9368
98812
EXHIBIT "D-2" OF EXHIBIT "C"
EXISTING RIGHT OF WAY
HIGHWAY I I I
A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 29, THENCE
ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29
NORTH 00020' 18" WEST A DISTANCE OF 255.12 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG THE SAID WESTERLY LINE NORTH 00020' 18" WEST A
DISTANCE OF 121.99 FEET TO A POINT ON THE CENTERLINE OF HIGHWAY 111,
SAID POINT BEING ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIAL BEARING OF NORTH 19°59'33" EAST;
THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2500.00 FEET
THROUGH A CENTRAL ANGLE OF 12020'36" A DISTANCE OF 538.59 FEET;
THENCE SOUTH 82021'04" EAST A DISTANCE OF 992.56;
THENCE SOUTH 07038'56" WEST A DISTANCE OF 55.00 FEET;
THENCE NORTH 82021'04" WEST A DISTANCE OF 992.56 FEET TO A POINT OF
CURVATURE;
THENCE ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 2555.00 FEET THROUGH A CENTRAL ANGLE OF 09038'32" A DISTANCE
OF 429.98 FEET;
THENCE SOUTH 51031'44" WEST A DISTANCE OF 50.59 FEET;
THENCE SOUTH 89039'42" WEST A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 87,812 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED
EXHIBIT "E-2" AND HEREBY BEING MADE A PART HEREOF.
O:\40382\SURVEY\MAP\RW-111 EX.doc
KII # 40382.000
LAND SL
KE((Fh
No. 6687
Exp. 06/30/00
PR ARED DER HE SUPERVISION OF
Novemher 12. 1998
AL LE DATE
KEITH INTERNATIONAL. - PALM DESERT
760-346-9844 760-346-9388
EXHIBIT "E-1" OF EXHIBIT "C"
N8739'4Y E
55.00' HI GH Wn v —
N
W 1/4 COR SEC 29
T5S, R7E, SBM v
wI
LLAj
LL
L)
N
�I
Q
0
Q�
i
J
1v N8739'52"E
k i 25.00'
ui
N N
N89'39'5YE
30.00'
PARCEL OF LAND
SHOWN IN DEED
RECORDED
AUGUST 2, 1995
AS INST. 251766.
SCALE 1" =300'
0 150 300 600 900
EXISTING RIGHT OF WAY - ADAMS STREET
—Planning PREPARED UNDER THE SUPERVISION OF: p LAND S
I ITH
—Engineering
��� KE((F'Q�
INTERNATIONAL
—Architecture
tuure
No. 6687
Arc`s h
INC.
—Land
$YNeying
—Construction
/ 9
Exp.06/30/00
PALM DESERT DIVISION
Management
DALE K EHER DATE:
sry
B114RDW • SUITE 101 $ MM DESERT, CA • 92211
41-865
OF cA�\E��
(760) 346-9644 s FAX (760) 346-9368
LS 6687 EXP. 6-30-00
98812
EXHIBIT "E-2" OF EXHIBIT IV
M
4
A-1720'36
\ R-250
� L=538.5959'
T.P.O.B.
HIGHWAY
T4 1
1TU—`
A=09'8'03Y— N82'21' 4• W
99
2.5R=255590' 6'
9
L=429.8' NW 1/4 SEC 2— — —1—
m�
�5�SC2----
-T=99
SW 1%4
h
C;
W
W LINE TABLE
LINE BEARING LENGTH
O T1 N00'20'18 W 255.12'
T2 N00'20' 18 W 121.99'
T3 N0738'5G'E 55.00'
T4 N51'31'44"E 50.59'
Q T5 N8739'4YE 55.00'
0
O N
� I W
H
_ 3m
Q y V1
ZLa
LJJ I=
Z i
330'
SCALE 1" =400'
0 200 400 800 1200
I EXISTING RIGHT OF WAY - HIGHWAY 111 I
—Planning
KEITH
neering
Engineering
INTERNATIONAL
—Architecture
—„;
e
LIN
INC.
Land
Surveying
PALM DESERT DIVISION
—Construction
monagement
41-865 80AROMIALK + SMITE 101 a PALM DESERT, G • 92211
(760) 346-9544 • FAX (760) 346-9368
PREPARED UNDER THE SUPERVISION OF
le u z ��
DALE KE EHER DATE:
LS 6687 EXP. 6-30-00
�p LAND S
KE4��
v 4
N0. 6687
Exp. 06/30/00
EXHIBIT "F"
TO EXHIBIT "C" OF THE DEVELOPMENT AGREEMENT
PUBLIC FACILITIES
FOR PLANNING AREA I
1. ADAMS STREET IMPROVEMENTS (From Highway 111 to 47th Avenue)
QUANTITY
UNIT
UNIT
COST
TOTAL
COST
ITEM
Rough Grading
1
LS
$ 4,013.00 $
4,013
Existing Pavement Saw Cut
1,570
LF
0.40
628
Existing Pavement Removal
400
SF
0.60
240
Existing Curb Removal
120
LF
4.00
480
Pavement (including
Westside Pavement
Widening)
22,150
SF
1.92
42,528
6" Type -DO Curb
650
LF
8.00
5,200
Type A-6 Curb
455
LF
10.00
4,550
10' Wide Cross Cutter
1,830
SF
3.50
6,405
Access Ramps/Corner
2
EA
750.00
1,500
Cutbacks
6' Sidewalk
2,710
SF
2.50
6,775
Redwood Header
360
LF
2.00
720
Unclassified Excavation/
1
LS
15,000.00
15,000
Removal
Water/Dust Control
1
LS
8,000.00
8,000
Traffic Control
1
LS
8,000.00
8,000
Signing and Striping
1
LS
10,000.00
10,000
Mobilization
1
LS
10,000.00
10,000
Parkway Landscaping
1
LS
22,740.00
22,740
98812
Exhibit F To Exhibit C
Public Facilities
Page Two
Landscaped Median 1 LS 32,700.00 32,700
Dry Utilities 4,950 LF 286,548.00 286,548
ADAMS STREET IMPROVEMENT ESTIMATED HARD COSTS $ 466,027
2. HIGHWAY 111 IMPROVEMENTS (West of La Quints Drive To Adams Street)
UNIT TOTAL
QUANTITY UNIT COST COST
h G din 1 LS $ 4,013.00 $ 4,013
Roug ra g
Existing Pavement
Removal To Subgrade
Pavement
8' Meandering Sidewalk
loll Wide Cross Gutter
Type Al-8 Curb and
Gutter
Access Two Ramps/Corner
Cutbacks
Unclassified Excavation/
Removal
Water/Dust Control
Traffic Control
Signing and Striping
Mobilization
Signal Modification -
Adams and 111
New Signal - ill Project
Entrance
14,050
SF
$ 0.60 $
8,430
32,400
SF
2.26
73,224
9,037
SF
2.50
22,593
3,330
SF
3.50
11,655
1,160
LF
11.00
12,760
5
EA
750.00
3,750
1
LS
15,000.00
15,000
1
LS
8,000.00
8,000
1
LS
10,000.00
10,000
1
LS
10,000.00
10,000
1
LS
10,000.00
10,000
1
LS
50,000.00
50,000
1
LS
100,000.00
100,000
98812
Exhibit F To Exhibit C
Public Facilities
Page Three
Parkway Landscaping 1 LS 156,070.00 156,070
Dry Utilities 120 LF 26,508.00 26,508
18" D.I.P. Water Main 2,804 LF 68.72 192,69
HIGHWAY ill IMPROVEMENT ESTIMATED HARD COSTS $ 714,698
3. FEES FOR ADAMS STREET AND HIGHWAY 111 IMPROVEMENTS
UNIT TOTAL
IT K QUANTITY UNIT COST COST
City 5% Agency Fee 1 LS 49,402.00 49,402
CVWD 5% Agency Fee 1 LS 9,265.00 9,635
Civil Engineering 10%
1 LS
Fee
Construction Staking
7% Fee 1 LS
Landscape Architect 1 LS
City Consultant 5% Fee 1 LS
ESTIMATED FEES FOR ADAMS STREET AND
HIGHWAY Ill IMPROVEMENT
4. CONTINGENCY
118,073.00 118,073
82,651.00 82,651
30,000.00 30,000
59,036.00 59,036
UNIT TOTAL
ouANTITY UNIT COST COST
Contingency 15% 1 LS 229,429.00 222,42
ESTIMATED CONTINGENCY 9 229,429
PLANNING AREA I TOTAL ESTIMATED COSTS
FOR ADAMS STREET AND HIGHWAY Ill IMPROVEMENTS $1,1758,951
HYPOTHETICAL RENTAL PAYMENT SCHEDULE
STAMKO DEVELOPMENT CO.
RESTATED AND AMENDED DEVELOPER LEASE AGREEMENT
A BASE RENTAL PAYMENT CALCULATION:
Initial Prepayment
Actual Infrastructure Costs
Amount to be Repaid by City
Amount of Base Rental Payments
4 Quarter
(A)
(B)
(C)
Period
Annual
33% of
Amount
Ending
Sales
Sales
Available
Tax
Tax
for Rent
(Assumed)
Col B (up ti
$122,250)
12/31/99
-
-
1 12/31/00
400,000
132.000
122,250
2 12/31/01
550,000
'181,500
122,250
3 12/31/02
450.000
148.500
122,250
4 12/31/03
350,000
115.500
115,500
5 12/31/04
325,0D0
107,250
107,250
6 12/31/05
450.000
148,500
122,250
7 12/31=
550,000
181,500
122,250
8 12/31/07
600,D00
198,000
122,250
9 12/31/08
650,000
214,500
122,250
10 12/31/09
700,000
231,000
122,250
Note: Any Payment Shotall, Including princi
SCENARIO 1
(Infrastructure Improvements LESS Than
$1.8 Million)
Total City Developer
$1,800,000 S1,D00,000 $800,000
100% 66% 44%
$1,500,000 833,333 666.667
100% 66% 44%
SCENARIO 2
(Infrastructure Improvements EQUAL
$1.8 Million)
Total City Developer
$1.800,000 $1,0D0,000 $800,000
100% 66% 44%
$1,800,000 1,000,000 800,000
100% 56% 44%
SCENARIO 3
(Infrastructure Improvements MORE Than
$1.8 Million)
Total City Deve4oper
$1,800,000 $1,000,000 $800,000
100% 66% 44%
$2.000,000 1,000,000 1,000,000
100% 60% 60%
(D) (E) (F) (G) (� (D) - (E) (F) (G) (H (D) (E) (F) (G) (H)
Rental Principal Interest Payment Ending Rental Principal Interest Payment Ending Rental Principal Interest Payment Ending
alance all
Payment Paid Paid at Shortfall BPayment Paid Paid at ShortfBalance Payment Paid Paid at Shortfall Balance
8.60% (Forgiven) 1 8.50% (Forgiven) 1 8.60% (Forgiven)
Principal Due:
666,66
Principal Due:
800,D00
Principal Due:1
800,000
122,250
65,583
56,667 -
601,083
122,250
54,250
68,000
745.750
122,250
54,250
68,0D0
4 , 0
122,250
71,158
51,092
529,926
122,250
68,861
63,389
686,889
122,250
58,861
63,389
686.889
122,250
77,206
46,044
462,719
122,250
63,864
58,386
623.024
122,250
63,864
58,386 -
623,024
115,500
77,019
38,481 6,750
368,950
115,500
62.543
52,957 6,750
553,731
115,5D0
62,543
62.957 6,750
563,731
107,250
75,989
31.361 15,000
278,D61
107.250
60,183
47,067 15,D00
478,549
107,250
60,183
47.067 15,000
478,549
122,250
98,615
23,635 -
179,446
122,250
81,573
40,677
396,975
122,250
81,573
40,677
396,975
122,250
106.997
15,253
72,449
122,250
88,507
33.743
308,468
122.250
88,507
33,743
308,468
78.607
72,449
6,158
-
122,250
96,030
26,220
212.438
122,250
96,030
26,220
212,438
-
-
- -
-
122,250
104.193
18,057
108,245
122,250
1D4,193
18,057
108,245
-
117,446
108,245
9,201
0
117.446
108.245
9,201
0
)al and/or interest due in each payment year, is forgiven and (with principal deducted from outstanding balance) if Amount Available for Rent is less than $122,250
CZ
W
N
HYPOTHETICAL RENTAL PAYMENT SCHEDULE
STAMKO DEVELOPMENT CO.
RESTATED AND AMENDED DEVELOPER LEASE AGREEMENT
B SUPPLEMENTAL RENTAL PAYMENT CALCULATION
4 Quarter
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
Period
Ending
Annual
Sales
Annual
Annual
Scheduled
Annual
Principal
Interest
Payment
Ending
CPI
Sales Tax
Payment
Rental
Paid
Paid at
Waived
Balance
Tax
(Assumed)
Threshhold
(Prin. &
Payment
8.50%
(Prin. &
(Principal)
(Assumed)
(Adjusted
Interest)
Interest )
by CPI)
1
12/31/99
12/31/00
Principal
Due:
500,000
400,000
n/a
530,000
76,204
-
-
-
76,204 466,296
2
12/31/01
550,000
2.00%
540,600
76,204
76,204
36,569
39,635
-
429,727
3
12/31/02
450,000
2.35%
553,304
76,204
-
-
-
76,204
390,050
4
12/31/03
350,000
2.50%
567,137
76,204
-
-
-
76,204
347,001
5
12/31/04
325,000
3.50%
586,986
76,204
-
-
-
76,204
300,292
6
12/31/05
450,000
1.50%
595,791
76,204
-
-
-
76,204
249,613
7
12/31/06
550,000
2.00%
607,707
76,204
-
-
-
76,204
194,626
8
12/31/07
600,000
2.50%
622,900
76,204
-
-
-
76,204
134,966
9
12/31/08
650,000
3.50%
644,701
76,204
76,204
64,732
11,472
-
70,234
10
12/31/09
700,000
4.00%
670,489
76,204
76,204
70,234
5,970
-
(0)
CJ
X
GO
N
�e : cD
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MA
IL TO:
, % �AA
• OX I J 0 9
253
DOC a 2000-283639
07/25/2000 08:00A Fee:NC
Page 1 of B
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk 8 Recorder
M
S
U
PAGE
SIZE
DA
PCOR
NOCOR
SMF
MISC.
k-�
A
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COPY
LONG
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NCHG
EXAM
Title of Document
THIS AR�EA F/0"
7-9
R�E,XjOR�DE
J W z�
17 ONL--Y�
USE
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
L•
STC-SCSD 996a (Rev 8/97)
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second Amendment to Development Agreement ("Amended Agreement") is made
and entered into this,:!ffday of o/ , 2000, by and between the CITY OF LA
QUINTA, a charter city ("City"), and ST MKO DEVELOPMENT COMPANY, a California
limited partnership ("Developer"). The City and Developer are hereinafter sometimes
referred to individually as a "Party".
RECITALS
This Amended Agreement is predicated upon the following facts:
A. The City and Developer originally entered into that certain Development
Agreement dated July 15, 1997 ("Original Agreement") authorized by City Council
Ordinance No. 306 dated July 21, 1997, and effective August 20, 1997, and recorded
on September 3, 1997.
B. The City and Developer processed an Amendment to the Development
Agreement which was approved on November 17, 1998, by Ordinance No. 328 dated
December 1, 1998, and effective January 14, 1999, and recorded on March 11,
1999.
C. Due to requested modifications to the Amended Specific Plan, the
developer has requested certain modifications to the site planning conditions, the
Development Agreement, and the Developer Lease to allow the Project to proceed.
D. The City believes that all of the findings made in the Original Agreement
and First Amendment remain true, that the requested modifications by the Developer
as set out in this Second Amendment Agreement with attachments are consistent with
the General Plan , and all other applicable plans, rules, regulations and official policies
of the City of La Quinta and the approval of this Amended Agreement shall promote
the health, safety and general welfare of the City.
E. It is the intent of the Parties that on execution of this Second Amendment
to the Agreement, the Developer shall be obligated to complete the Public
Improvements in the manner set forth in the original Development Agreement, the First
Amendment and the Amendment Specific Plan 97-027 and Conditional Use Permit 97-
034 as contained there in those documents, and with City's rules, regulations and
official policies governing permitted uses, density, design, improvement and
construction standards and specifications in force on the date of this Amended
Agreement.
IIIIII IIIIII III IIIIIII IIII IIIIII IIIIII III IIIII IIII IIII e7 z000 SE es eeR
SACity Clerk\Ordinances\DA#2Restkgmt.wpd 1
F. On May 9, 2000, the Planning Commission of the City of La Quinta (the
"Planning Commission"), after giving -notice pursuant to Government Code Sections
65854, 65854.5 and 65866, held a public hearing on Developer's application for this
Second Amended Agreement. On May 16, 2000, and June 6, 2000, the City Council
of the City of La Quinta ("City Council"), after providing public notice as required by
law, similarly held public hearings to consider Developer's application for this
Agreement.
G. The Planning Commission and the City Council have found that the
Second Amended Agreement is consistent with the General Plan and all other
applicable plans, rules, regulations and official policies of the City.
H. In accordance with the requirements of the California Environmental
Quality Act (Public Resources Code Sections 21000, et seq., ("CEQA"), the
Community Development Department completed an Environmental Impact Report,
State Clearinghouse No. 9701 1055, certified by the City Council in 1997, for this
Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has
been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development
Agreement 97-001 Amendment #1 which was certified in 1998. No changed
circumstances or conditions are proposed which would trigger the preparation of
subsequent environmental review pursuant to Public Resources Code Section 21 166;
I. On December 1, 1998, the City Council adopted Ordinance No. 328
approving this Amended Agreement with Developer. The Ordinance takes effect on
January 14, 1999.
The parties hereto agree to amend the Second Amended Agreement according
to the following specified revisions:
co
m
0I 1. Definitions: In this Second Amended Agreement, the defined terms will have the
@N same meaning as in the Original Agreement except as may be otherwise noted in this
CU
N Second Amended Agreement:
0
m
1.1. Authorizing Ordinance: "'Authorizing Ordinance" means Ordinance No.
344 approving this Second Amended Agreement.
•� 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15,
1997 as amended by Amendment No. 1 approved by the City Council on November
17, 1998, and Amendment No. 2, approved by the City Council on May 16, 2000.
C A reference to "Amendment to Specific Plan" refers to Amendment #1 or #2 to the
Specific Plan and/or any future amendments not affecting the implementation of the
Development Agreement.
2. No Other Change: All sections of the original Agreement, or the First
Amendment which have not been specifically amended by this Second Amended
Agreement shall remain intact and enforceable in their entirety, or as may be amended
in the future.
SACity Clerk\Ordinances\DA#2RestAgmt.wpd 2
IN WITNESS WHEREOF, this Second Amended Agreement has been
executed by the Parties on the day and year first above written, as authorized by
Ordinance No. 328 of the City Council of the City of La Quinta.
ATTEST:
J N GREEK, CMC/AAE, i y Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
L
<ATH _ INE JENSON, i
City of La Quinta, Califo is
CITY OF LA QUINTA, a Charter City
By:
J . PENA, yor
City of La Quinta, California
Attorney
STAMKO DEVELOPMENT COMPANY,
A CaliforniV�/imited Partne,�40ip
By:
Its:
IN . �mm'=G-
SACity Clerk\Ordinances\DA#2RestAgmt.wpd 3
State of California
County of Riverside
On July 11, 2000 before me, Regenia Hensley Notary Public, personally appeared
JOHN J. PENA personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
(Seal)
_ REGENIA HENSLEY
�:C�tgnluior� 1kl tQ7F
Z
Z (0MvCMvMEvkmAU97.2M0j
Ntan► _ �t�Vverside
Document Description: Second Amendment to Development Agreement Sfamko)
Number of Pages: Four 4) including Notary Page
Date of Document: July 5, 2000
u�wu�min�uiw�i�imi� .,_��=oIIIIII r,M
State of California
County of Riverside
On July 13. 2000 before me, Regenia Hensley Notary Public, personally appeared
CHRISTINE F. CLARKE personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the same in her authorized capacity,
and that by her signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
REGENIA HENSLEY
Coffiffaan #110M
MYBfSid@
iuly Corrvn. Expi+� A�9 7, �D00
Document Description: Second Amendment to Development Agreement ( mko)
Number of Pages: Four (4) in in N_o Page
Date of Document: July 5. 2000
IN �m ��,�
1SLOVAK BARON & EMPEY
la 003
1/ 21i2at12 10:27 FAX .766 325 a86a
ESTOPPEL CEP%TIFICATE
Valley Independent 13ank Suite 100
39700 Itob Hope Dry
Rancho Mirage, California 92270
fie; Development Ageernent dated July 15, 1997, bet xeen City of La Quinta (the
t 1md Juvonen Living Trust, as
Stamko Development Co. (`Develop o, Dc:velo meat ,Agreement dated
amended by that certain First �nendme t t End The Trustee of the Juvonen
December 1,1998, between the City, the De per eeinent
L1v1Y1
Trust, and by that certain 5ecopd Amendyneit to DevelopmOnt Age meat
dated July 51 2000, between the City Fund the .developer (the thereto,Deveis referred to
Agreement, as amended by the first and
,second am€ndments
herein as the -Development Agreement )
Ladies) Gentlemen:
din that you aing
le intending to disburse lo; to proceeds under a loan
of
It is our understan g
evelo er. It is our further understanding that as a coed ,lion precedent toe unde:rs� gnu,
made t� the D p certifications by the undersigned. Accordingly, the load you require the following
ollows:
as f
hereby eertifi.eS to you, your successors and assigns
A Bement is in full force and effe ct and is a binding obl1gati�n on
1, The Development!�'
the unc lersigned.
referred to above, the 1� �velopmerit Agreement has not
2. Fxcept for the amendmer�►ts
been a i,ended or modified.
3. To the best
k-nowledg a of the undersigned, no default in the performance of the
i atiox�s under the I)eVelopment Agreement exists as of the date hereof-
Develc per s obl g
Ex
edited at La Quinta, California on the th day ofNovelnber, 2002.
CITY OF A QUINTA, a cli arter ity
Y. '
Name:
Title: City Man.a er
G:1v�k5;'AMV GONSTWOPPELCEPMCKrEMOC
ESTOPPEL CERTIFICATE
Valley Independent Bank
74-199 El Paseo, Suite 102
Palm Desert, California 92260
Re: Development Agreement dated July 15, 1997, between City of La Quinta (the
"City"), Stamko Development Co. ("Developer") and Juvonen Living Trust, as
amended by that certain First Amendment to Development Agreement dated
December 1, 1998, between the City, the Developer and The Trustee of the Juvonen
Living Trust, and by that certain Second Amendment to Development Agreement
dated July 5, 2000, between the City and the Developer (the Development
Agreement, as amended by the first and second amendments thereto, is referred to
herein as the "Development Agreement").
Ladies/Gentlemen:
It is our understanding that you are intending to disburse loan proceeds under a loan being
made to the Developer. It is our further understanding that as a condition precedent to the making of
the loan you require the following certifications by the undersigned. Accordingly, the undersigned,
hereby certifies to you, your successors and assigns as follows:
1 The Development Agreement is in full force and effect and is a binding obligation on
the undersigned.
2. Except for the amendments referred to above, the Development Agreement has not
been amended or modified.
3. To the best knowledge of the undersigned, no default in the performance of the
Developer's obligations under the Development Agreement exists as of the date hereof.
Executed at La Quinta, California on the _th day of October, 2003.
CITY F L QUINTA, a ch er i
r r
By; ��--L
Name: THOMA.S P. GENOVESE
Title: CITY MANAGER
GALEE ROBERTSCLARK&STAMMESTOPPEL CERTIFICATE -LA QUINTA.DOC
ESTOPPEL CERTFICATE
Via Federal Express and Telecopier
JC Penney
c/o Christine F. Clarke
Stamko Development Co.
2025 Poinsettia
Manhattan Beach, CA 90266
Re: Development Agreement dated July 15, 1997, between City of La Quinta (The
"City"), Stamko Development Co. ("Developer") and Juvonen Living Trust, as
amended by that certain First Amendment to Development Agreement dated
December 1, 1998 between the City, the Developer and The Trustee of the
Juvonen Living Trust, and by that certain Second Amendment to Development
Agreement dated July 5, 2000, between the City and the Developer (the
Development Agreement; as amended by the first and second amendments
thereto, is referred to herein as the "Development Agreement").
Ladies/Gentlemen:
It is our understanding that JC Penney has requested the City issue an Estoppel Certificate
regarding the, status of the above -referenced Development Agreement. Accordingly, the
undersigned hereby certifies to you, your successors and assigns as follows:
1. The Development Agreement is in full force and effect and is a binding obligation on the
undersigned.
2. Except for the amendments referred to above, the Development Agreement has not been
amended or modified.
3. To the best knowledge of the undersigned, no default in the performance of the
Developer's obligations under the Development Agreement exists as of the date hereof.
Executed at La Quinta, California on the 28 day of November, 2007.
CITY OF LA QUINTA, ajCharter City of La Quinta
By:
Thomas P. Genovese, City Manager