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2017 02 28 PCP Planning Commission agendas and staff f reports are now available on the City's web page: www.la-quinta.orq PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, FEBRUARY 28, 2017 AT 6:00 P.M. CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance PUBLIC COMMENT At this time members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. Approval of minutes of February 14, 2017. PUBLIC HEARING For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Executive Assistant prior to consideration of that item. A person may submit written comments to the Planning Commission before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PLANNING COMMISSION AGENDA 1 FEBRUARY 28, 2017 Beginning Resolution No. 2017-003 1. Conditional Use Permit 2016-0004 submitted by Home Depot U.S.A., Inc., proposing an outdoor displays and sales at the existing Home Depot. CEQA: exempt from environmental review pursuant to Section 15301 in that the proposed project can be characterized as an existing facility. Location: 79900 Highway 111 BUSINESS SESSION 1. Sign Program Amendment 2016-0003 (SAPR 1997-383, Amendment 1) submitted by Global Sign Systems, LLC proposing to amend the Sign Program for Jefferson Plaza Shopping Center. CEQA: exempt from environmental review pursuant to Section 15301 in that the proposed project can be characterized as an existing facility in that this proposal includes the addition of on -premise signs. Location: 79-700 Highway 111 STUDY SESSION 1. Development Agreement Status Report 2. Discuss Amendments to the La Quinta Municipal Code Section 9.60.030 Fences and Walls. CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS STAFF ITEMS 1. Century La Quinta Theater Landscape Status Update ADJOURNMENT The next regular meeting of the Planning Commission will be held on March 14, 2017, commencing at 6:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Wanda Wise -Latta, Executive Assistant of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on February 24, 2017. PLANNING COMMISSION AGENDA 2 FEBRUARY 28, 2017 DATED: February 24, 2017 WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PUBLIC NOTICES The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Secretary for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION AGENDA 3 FEBRUARY 28, 2017 PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2017 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Bettencourt. PRESENT: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt ABSENT: Commissioner Hansen STAFF PRESENT: City Attorney William Ihrke, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Associate Planner Carlos Flores, Executive Assistant Wanda Wise -Latta and Office Assistant Carley Votaw Chairperson Bettencourt welcomed Commissioner Caldwell and asked her to introduce herself. Commissioner Caldwell led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES - Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission minutes of November 22, 2016, as submitted. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of December 27, 2016, as submitted. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt.. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed. PLANNING COMMISSION MINUTES 1 FEBRUARY 14, 2017 PUBLIC HEARING 1. Specific Plan 2016-0002 (SP 2002-058, Amendment 2) submitted by the City of La Quinta, proposing to remove The Villas at Old Town from the Old Town Specific Plan 2002-058. California Environmental Quality Act (CEQA): exempt from environmental review pursuant to Section 15183 in that the proposed project is consistent with General Plan and Zoning. Location: south of Calle Tampico between Avenida Bermudas and the La Quinta Civic Center. Associate Planner Carlos Flores presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding the reason for the removal of The Villas at Old Town from the Old Town Specific Plan. Staff stated there are no proposed plans for the property and this proposal gives more flexibility for future development. Staff said the property will revert to its underlying zoning of village commercial. Staff also stated that SB-18 Native American Tribal Consultation requirements have been completed for the Specific Plan Amendment and future development will not need to go through that process. Staff also clarified that independent of the Specific Plan, the city will continue to use the property for overflow parking during special events. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:11 p.m. Public Speaker: None Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 6:11 p.m. Motion - A motion was made and seconded by Commissioners Blum/Caldwell to adopt Resolution No. 2017-001 of the Planning Commission of the City of La Quinta, California, recommending that the City Council find the project exempt from California Environmental Quality Act pursuant to Section 15183 in that the proposed project can be characterized as consistent with General Plan and Zoning and further recommend approval Specific Plan 2016-0002 (SP 2002-058, Amendment 2) to remove The Villas at Old Town from the Old Town La Quints Specific Plan. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed unanimously. 2. Zoning Ordinance Amendment 2017-0001 submitted by the City of La Quinta proposing amendments to Chapter 9.60 of the La Quinta Municipal Code relating to standards and criteria for the establishment of accessory dwelling PLANNING COMMISSION MINUTES 2 FEBRUARY 14, 2017 units within residential districts. CEQA: exempt pursuant to Section 15061 (B)(3) and requires no further review. Location: Citywide. Planning Manager Gabriel Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding garage conversions becoming secondary residential units within a residence anywhere within the city and which had previously been disallowed in the City, parking impacts, the language of the provision, and environmental impacts as a result of accessory dwelling units. City Attorney Irhke stated that the language of the amendment was provided by the State of California and that the provision applies to charter and general law cities. He shared that Assembly Bill 2299 and Senate Bill 1069 amended Government Code Section 65852.2 as well as other provisions in the planning and zoning law. He said that the legislature wanted to find ways of providing more housing. He indicated that the City's ordinance is currently inconsistent with the state law thus unenforceable and void. He recommended that this amendment be acted upon as the state law says that if any provision in the City's ordinance is inconsistent with state law and the City were to use its ordinance as a basis for denying a permit for an accessory dwelling unit, none of the City's ordinance would apply and the City could not base a denial on it. Discussion continued regarding CEQA review and exemptions; increased traffic, pollution and greenhouse gas issues; increased street parking; an increase in the number of residential dwelling units within an existing community designed for a single residence on a single lot, and parking allowances subject to transit centers under state law. City Attorney Irhke stated that CEQA would not be a vehicle to deny the requirements of state law to have accessory dwelling units permitted and with regards to specific permitting, ministerial matters are not subject to CEQA. Discussion continued regarding HOAs and CC&Rs. City Attorney Irhke said the City's regulations have no impact on a homeowner association's (HOA) CC&Rs. He stated that it is not up to the City to enforce CC&Rs. He said that CC&Rs are not the purview of city; therefore, a dispute between an HOA and a property owner is separate from the City's obligation to comply with state law. Discussion continued regarding utilities for accessory dwelling unit. PLANNING COMMISSION MINUTES 3 FEBRUARY 14, 2017 City Attorney Irhke stated that the Commission's comments regarding utilities and infrastructure that must be part of any dwelling unit could be addressed as part of the permit application. He also said that state law requires that the owners of the parcel must live either in the accessory dwelling unit or in the primary residence. Discussion continued regarding parking requirements. Planning Manager Perez continued with his presentation of the staff report. Discussion continued regarding informing the public and how other cities are dealing with this item. City Attorney Irhke indicated that in addition to staff reaching out to valley cities, he will reach out to his colleagues who are dealing with this item in other cities. Planning Manager Perez introduced the Design and Development Department's Building Official Burt Hanada who was available to answer any questions the Commission might have. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:57 p.m. Public Speaker: None Motion - A motion was made and seconded by Commissioners Wright/Blum to continue Zoning Ordinance Amendment 2017-0001 submitted by the City of La Quinta to an unspecific future Planning Commission meeting and with the Public Hearing to be noticed in the regular manner; and if allowable and within reason, noticed in The Gem and a city residents mailing. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Hansen. ABSTAIN: None. Motion passed unanimously. BUSINESS SESSION 1. General Plan consistency for proposed land purchase agreement between the City of La Quinta and BT-LJMJM, LLC. for certain vacant property located near the intersection of Eisenhower Drive and Avenida Fernando comprised of 10.4 acres. APPLICANT: City of La Quinta. CEQA: exempt from environmental review pursuant to Sections 15301, 15303, and 15304. PLANNING COMMISSION MINUTES 4 FEBRUARY 14, 2017 Planning Manager Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding use of the property to address drainage and retention concerns along Eisenhower Drive including the status of the property should not all of it be required for retention purposes. City Attorney Irhke stated that there is nothing to preclude the City from selling the property should the retention project not move forward. Staff indicated that a retention basin located on the property would address many of the issues along Eisenhower and would also consider additional improvements that may needed at Avenue 50 and Eisenhower Drive as runoff from other areas drain towards Avenue 50 and the proposed retention basin would not be able to intercept that water. Chairperson Bettencourt recused himself and left the dais during the discussion and vote on this item due to a possible conflict of interest. Vice Chairperson Blum sat as Presiding Officer in the Chairman's absence. Discussion continued regarding the water runoff from the mountains and adjacent properties near the site; future access to hiking trails in the mountains adjacent to the site; and the impact on the La Quinta Resort and adjacent neighborhoods. Staff stated that dependent upon the design capacity of the retention basin there would be a requirement to have an emergency overflow should the basin reach capacity. Staff said the overflow would be directed back onto the streets and not toward surrounding houses. Motion - A motion was made and seconded by Commissioners Quill/Caldwell to adopt Resolution No. 2017-002 finding the proposed vacant land purchase between the City of La Quinta and BT-LJMJM, LLC, for certain property located near the intersection of Eisenhower Drive and Avenida Fernando consistent with General Plan 2035. AYES: Commissioners Blum, Caldwell, McCune, Quill, and Wright. NOES: None. ABSENT: Commissioner Hansen and Chairperson Bettencourt. ABSTAIN: None. Motion passed. Chairperson Bettencourt returned to the dais and resumed the duty of Presiding Officer for the remainder of the meeting. CORRESPONDENCE AND WRITTEN MATERIAL - None PLANNING COMMISSION MINUTES 5 FEBRUARY 14, 2017 COMMISSIONER ITEM Chairperson Bettencourt stated that he is looking forward to an update of development agreements, a review of cell tower inventory, and a review of landscaping compliance at the theatre. Commissioner Quill shared information regarding an Environmental Impact Report and fencing plan related to the bighorn sheep that maybe going before the Coachella Valley Association of Governments Executive Committee for approval on February 27. Planning Manager Perez confirmed that the fence scheduled to be installed at SilverRock at the end of the month is a temporary fence and is a condition of the Site Development permit. STAFF ITEMS 1. City Attorney Irhke presented the report regarding Rules of Procedures for Council, Boards and Commission meetings. 2. The Development Status Report was presented by Planning Manager Perez. 3. Planning Manager Perez updated the Commission regarding registration status for the League of California Cities Planning Commissioners Academy, March 1-3, 2017. 4. Announcement of a Special Joint City Council, Boards and Commissions Meeting scheduled for 5:30 p.m. on February 23, 2017 at the La Quinta Library. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 7:34 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 6 FEBRUARY 14, 2017 PH 1 PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 28, 2017 CASE NUMBER: CONDITIONAL USE PERMIT 2016-0004 APPLICANT: HOME DEPOT U.S.A., INC. PROPERTY OWNER: HOME DEPOT U.S.A., INC. REQUEST: ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DISPLAY AND SALES AT AN EXISTING HOME DEPOT, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT THE PROPOSED PROJECT CAN BE CHARACTERIZED AS AN EXISTING FACILITY. LOCATION: RECOMMENDED ACTION 79900 HIGHWAY 111 Deem the project exempt from the California Environmental Quality Act and adopt a resolution approving a Conditional Use Permit for Home Depot outdoor displays and sales. EXECUTIVE SUMMARY The applicant proposes Conditional Use Permit approval for outdoor display and sales for Home Depot, located within the Jefferson Plaza (Attachment 1). The proposed use is consistent with the City of La Quinta Municipal Code and Jefferson Plaza Specific Plan. BACKGROUND The Home Depot is currently located and operating within the Jefferson Plaza commercial retail center (Attachment 2). As part of their business and sales model, merchandise and home storage options have continuously been displayed in areas along the store frontage. Page 1 of 3 In 2012, the City amended Municipal Code Section 9.100.120 in order to accommodate and expand the opportunity for outdoor retail sales and display. The code change allowed large retailers to permanently display merchandise along their storefront with approval of a Conditional Use Permit. PROPOSAL & ANALYSIS Home Depot USA, Inc. has submitted an application for a Conditional Use Permit for outdoor display and sales areas, subject to a proposed site plan (Attachment 3). The display areas are located in designated areas along the store frontage on the south side of the building facing Highway 111 and will not obstruct ADA-accessible paths. Outdoor sales and display areas are proposed consisting of 1,283 square feet for display of promoted items such as grills, building materials, and/or seasonal plants. The storage of bagged goods area consisting of 2,280 square feet is proposed near the lumber area entrance/exit for display of bagged items such as mulch, top soil, or moss. Staging areas consisting of 575 square feet of garden sales merchandise display are proposed on both sides of the entrance to the Outdoor Garden Center. The proposal includes the use of parking stalls for display including two (2) parking stalls for "Load & Go" Trucks rentals near the main building entrance and the display of five (5) storage sheds where five existing parking stalls are located along the side elevation of the Outdoor Garden Center with frontage along Jefferson Street. The proposal will create a total need of 287 parking spaces for Home Depot based off the Municipal Code. The total parking spaces approved for the entire Jefferson Plaza shopping center is 1,146. The proposed location for the storage sheds is desirable as it is less visible to the general public compared to other proposed locations. Special seasonal sales events, such as an annual Christmas trees sale subject to Municipal Code Section 9.100.080, are proposed in the parking area along the side elevation of the Outdoor Garden Center and will require approval of a Temporary Use Permit. Seasonal sales events will be regulated by the Municipal Code and evaluated on a case -by -case basis by Staff. Staff concludes that the proposed outdoor display and sales area is acceptable and will have minimal impacts upon other existing surrounding uses. As conditioned, the proposed use is consistent with the Outdoor Storage and Display code requirements as follows: Display areas do not exceed ten percent of the gross floor area of the retail commercial building. The gross floor area of the outdoor sales and display area is 5,192 square feet. Compliance with fire, health, building, and safety codes Permitted display locations include designated portions of sidewalk, patios, and similar areas within proximity to the storefront. Display and storage areas do not obstruct building entrance or exit or obstruct access to any parking space or drive aisle. Page 2 of 3 AGENCY & PUBLIC REVIEW Public Agency Review: This request was sent to all applicable City departments and affected public agencies on December 8, 2016. No comments were received. Public Notice: This project was advertised in The Desert Sun newspaper on February 17, 2017, and mailed to all property owners within 500 feet of the site. To date, no comments have been received. Any written comments received will be handed out at the Planning Commission hearing. ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act in that the Conditional Use Permit can be characterized as an existing facility as it consists of the operation and minor alteration of an existing private facility involving negligible expansion of use. Prepared by: Carlos Flores, Associate Planner Approved by: Gabriel Perez, Planning Manager Attachments: 1. Project Information 2. Vicinity Map 3. Site Plan Page 3 of 3 PLANNING COMMISSION RESOLUTION 2017 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DISPLAYS AND SALES AT AN EXISTING HOME DEPOT, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2016-0004 APPLICANT: HOME DEPOT U.S.A., INC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 28th day of February, 2017, hold a duly noticed Public Hearing, to consider a request by Home Depot U.S.A., Inc. for approval of outdoor display and sales, generally located at 79900 Highway 111, more particularly described as: APN: 600-010-017 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 17, 2017 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the La Quinta Municipal Code to justify approval of said Specific Plan Amendment: 1. Consistency with General Plan The land use is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage a full range of commercial retail uses within the City, and the proposed use maintains those policies. 2. Consistency with Zoning Code The proposed use, as conditioned, is consistent with provisions of the zoning code. The additional outdoor display and sales areas outside of an existing commercial retail building will have minimal impacts on the surrounding land uses and will conform to the development standards applicable to the use. Planning Commission Resolution 2017- Conditional Use Permit 2016-0004 Home Depot Outdoor Display and Sales Adopted: February 28, 2017 Page 2 of 3 3. Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 of the CEQA in that the proposed project can be characterized as an existing facility. 4. Surrounding Uses As conditioned, approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed use is contained within an existing commercial retail area, is in conformance with all current fire, health, and building codes, and conditions of approval have been incorporated to mitigate potential code compliance conflicts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. SECTION 3. That it does hereby approve Conditional Use Permit 2016-0004, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 28' day of February, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2017- Conditional Use Permit 2016-0004 Home Depot Outdoor Display and Sales Adopted: February 28, 2017 Page 3 of 3 PHILIP F. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: GABRIEL PEREZ, Planning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2017- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2016-0004 HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: FEBRUARY 28, 2017 Page 1 of 3 GENERAL 1. The applicant agrees to indemnify, defend and hold harmless the City of La Quinta, its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC), including LQMC Chapter 9.210.020. 3. Any expansion of this use or substantial modifications to the approved floor plan shall require an amendment of this conditional use permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director in accordance with LQMC 9.200.090, and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 4. Prior to issuance of any building permit by the City, the applicant shall obtain any necessary permits and/or clearances from the following agencies: Fire Marshal Sheriff's Department The applicant is responsible for all requirements of the permits and/or clearances from the above -listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the placement of all merchandise covered under this permit. 6. No hazardous materials shall be stored and/or used outside of the building, PLANNING COMMISSION RESOLUTION 2017- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2016-0004 HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: FEBRUARY 28, 2017 Page 2 of 3 which exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount. 7. No fire -lanes, fire hydrants or any other Fire Department appliances/equipment shall be blocked or obstructed. 8. Marked emergency fire apparatus access lanes and entrance curbs shall be designed to adequately allow access of emergency fire vehicles. 9. Exits including exterior exit doors at the level of exit discharge shall be kept clear of all displayed merchandise. 10. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. 11. No item shall be displayed in a manner that causes a safety hazard or public nuisance. 12. Fixtures and tables used to display merchandise shall be maintained in good repair. 13. Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified music, or similar features shall be prohibited unless otherwise permitted and approved through a separate sign or temporary use permit. 14. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 15. As depicted in the site plan, the boundary for the outdoor merchandise storage and display area shall be demarcated with a permanent painted stripe. Violation of any condition of approval or Municipal Code requirement (i.e. merchandise located outside of the display and sales areas, ADA-accessible path is impeded, etc.) could result in suspension of use and/or permit revocation per LQMC Sections 9.100.120 (F4) and 9.210.020 (J). Line specifications (width, color, etc.) shall be reviewed and approved by the Design and Development Director prior to merchandise being located within the display area. PLANNING COMMISSION RESOLUTION 2017- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2016-0004 HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: FEBRUARY 28, 2017 Page 3 of 3 16. Permanent improvements shall be added to the "Load & Go" trucks area and the storage sheds area in order to indicate to customers that the parking spaces utilized for the trucks are not for customer parking. Improvements shall include, but are not limited to, painted stripes, permanent bollards, and additional landscaping for screening purposes within the existing landscape planter adjacent to the trucks area. Design specifications shall be reviewed and approved by the Design and Development Director prior to trucks being placed in area. ATTACHMENT 1 Project Information CASE NUMBER: CONDITIONAL USE PERMIT 2016-0004 APPLICANT: HOME DEPOT U.S.A., INC. PROPERTY OWNER: HOME DEPOT U.S.A., INC. REQUEST: ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DISPLAYS AND SALES AT AN EXISTING HOME DEPOT, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATION: 79900 HIGHWAY 111 GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: REGIONAL COMMERCIAL SPECIFIC PLAN: JEFFERSON PLAZA du1:7.10111PI111z10 ZONING/LAND USES: NORTH: FLOOPLAIN (FP) WHITEWATER CHANNEL SOUTH: CITY OF INDIO EXISTING GAS STATION EAST: LOW DENSITY RESIDENTIAL (RL) EXISTING RESIDENTIAL DEVELOPMENT WEST: REGIONAL COMMERCIAL (CR) EXISTING COMMERCIAL CENTER ATTACHMENT 2 Site z 0 U) ry w w SH-111 iN A Vicinity Map ATTACHMENT 3 CONTACTS APPLICANT GREENBERGFARROW 19000 MACARTHUR BOULEVARD, SUITE 250 IRVINE, CA 92612 t: 949.296.0450 f: 949.296.0437 PROPERTY OWNER HOME DEPOT U.S.A., INC. 3800 WEST CHAPMAN AVENUE ORANGE, CA 92868 ARCHITECT GREENBERGFARROW 19000 MACARTHUR BOULEVARD, SUITE 250 IRVINE, CA 92612 t: 949.296.0450 f: 949.296.0437 ❑ SP-1 ❑ SP-2 GreenbergFarrow 19000 MacArthur Blvd, Suite 250 Irvine, CA 92612 t: 949 296 0450 f: 949 296 0479 DRAWING INDEX INDEX SHEET SITE PLAN ENLARGED PLAN HOME DEPOT U.S.A., INC. 3800 WEST CHAPMAN AVENUE ORANGE, CA 92868 SCALE: NTS HOME DEPOT STORE #6630 79900 HIGHWAY 111 SITE VICINITY MAP w w ry C0 z 0 Co w U_ U_ w 91/STATE SITE HIGHWAY 1 11 LA QUINTA, CA PROJECT LOCATION 79900 HIGHWAY 111 LA QUINTA, CA ZONING APN LEGAL DESCRIPTION: EXISTING GENERAL PLAN DESIGNATION: EXISTING ZONING DESIGNATION: EXISTING SPECIFIC PLAN TITLE AND LAND USE DESIGNATION: EXISTING LAND USE AND PROPOSED LAND USE: PROJECT DATA TOTAL NET SITE AREA: THE HOME DEPOT BUILDING: GARDEN CENTER: TOTAL BUILDING AREA BUILDING SITE COVERAGE: PROJECT INFORMATION 600-010-017 A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN C-R -- REGIONAL COMMERCIAL C-R -- REGIONAL COMMERCIAL SP 96-027 JEFFERSON PLAZA GENERAL COMMERCIAL +13.41 AC (±584,285 SF) 105,700 SF 24 102 SF +22.22% (±9,679 SF/AC) PARKING SUMMARY PARKING RATIO: THE HOME DEPOT @ 1 SP / 500 SF GARDEN CENTER @ 1 SP / 1000 SF SEASONAL SALES AREA @ 1 SP / 1000 SF STOREFRONT DISPLAY @ 1 SP /1000 SF EMPLOYEES @ 1 SP / 2 EMPLOYEES SHED DISPLAY (855 SF) @ 1 SP / 1000 SF PARKING SPACES REQUIRED: PARKING SPACES PROVIDED: HANDICAP ACCESSIBLE SPACES REQUIRED: HANDICAP ACCESSIBLE SPACES PROVIDED: EXISTING BUILDING CODE OCCUPANCY: TYPE OF CONSTRUCTION: 212 SPACES 24 SPACES 10 SPACES 2 SPACES 38 SPACES 1 SPACES 287 SPACES 650 SPACES 13SPACES 14 SPACES M (RETAIL SALES OF HARDWARE AND GARDEN PRODUCTS) DRAWING ISSUE / REVISION RECORD DATE NARRATIVE 03/22/13 SITE PLAN EXHIBIT 08/06/13 SITE PLAN EXHIBIT 11/08/16 PREP CUP 12/29/16 UPDATE CUP 01/10/17 UPDATE CUP THE HOME DEPOT 79900 HIGHWAY 111 LA QUINTA, CA 20130206.0 TBV INITIALS CD KQ KQ KQ INDEX SHEET 01.10.2017 326.20, A S-Togm R T A �> _ 00 51 4 4 R 3064.93, T _ 23.06 2 _ 46.12' H ANNEL E ASEMENT :D,O L�NF C 00 M�ER 30, O �A�IN OFF L � Ep o"T HE HAM ED �a 1 T HWY 11 �� 79gp0 � 105,7�� S'F . o N� 8 22 45 E 820.21' G ■ / Y 14' do N o � A 7. 16 3 2g 6' SEASG� S AREA SALE F OUTp�OR b. GARDEN �Qo- CENTER 2q 102SF. Gam.-- � • i •' ,� ..fit, � �� 3. o ° _35.2'- w 22 s 19.0'-f-28.0 ■ 00 M • ID ■ LLI LLI C/) Co • o �. p 3 . 418� -� SALES 26 0 5 t- ° 20 7 �, GAR E p ° '0 1 1 ° 4 a 2i LG A SlORAG • 0'26 ° ° ° N z l g 3 p Co o . 0 & GO ---A 26�0 o O o ° 0 -TDO A`� �� p � o e � ISpL � �� ° p � LES $` ° O ° pp 26.0 17.0 cl� Uj LL ° 11.2 J1126- ' ' ST 0FZAGOODS* ° ° ° ° °° ° J ° ° ° ° ° 260t / G L� N3 9 gAGGE 818 pp pp , �2g. 3 32 i 14. owir .� / - GreenbergFarrow 19000 MacArthur Blvd, Suite 250 Irvine, CA 92612 HOME DEPOT U.S.A., INC. t: 949 296 0450 f: 949 296 0479 3800 WEST CHAPMAN AVENUE ORANGE, CA 92868 35 45 44 • O 0 9.0' N TYP. ai o 7 .ru STATE HIGHWAY N89°39'53"E pp pp p 3 0 2g.0 49 pp p° p p p p - 26.0'-r17.0' 44 5B 5g 2 81' 1 A 0 co 9 0' `V El 0 17 ai 02-68- 20 111 2650.50' LEGEND SEASONAL SALES AREA (BY SEPARATE PERMIT) ± 10,000 SF OUTDOOR SALES & DISPLAY ± 1,382 SF 000000000 000000000STORAGE OF BAGGED GOODS 000000000 ±2,280 SF 000000000 vvvvvvvvvvvv STAGING AREA vvvvvvvvvvvv vvvvvvvvvvvv ±675SF vvvvvvvvvvvv vvvvvvvvvvvv vvvvvvvvvvvv SHED DISPLAY -±855 SF ■ ■ PROPERTY LINE SCALE: 1"=40'_0" 0 20 4t0 120 160 o THE HOME DEPOT SITE PLAN EXISTING - _ � 79900 HIGHWAY 111 SIGNAL,,,LA QUINTA, CA '�"�"' 20130206.0 01.10.2017 LEGEND CURB BUILDING ADA PATH OF TRAVEL ❑-+ LIGHT POST SEASONAL SALES AREA OUTDOOR SALES & DISPLAY STORAGE OF BAGGED GOODS vvvvvvv STAGING AREA ryyyyyyy SHED DISPLAY ■ ■ PROPERTY LINE 031 C31 8. o O O � 3 00 3 a� .p 3 2.4' 0'' 0 49.8 G`—' 2 0.7' — 418 19 2 ' 0`—' 51. 9' � 6 3.3' 30 41. 2' t J oo °o . O O L__________�.____ ___ vvvvvvvvvvv vvvvvvv 2 O O O o 0 Ho o 0. 26.4- OUTDOOR CART STORAGE 92.0 ' O SALES & DISPLAY (2) LOAD & GO o _o �_ o ±970 SF STORAGE OF BAGGED GOODS • • 1 26.0' CD o C ±270 SF W O 22 0 �0 00 co 00 oa o • as a GreenberUFarrow 19000 MacArthur Blvd, Suite 250 Irvine, CA 92612 HOME DEPOT U.S.A., INC. t: 949 296 0450 f: 949 296 0479 3800 WEST CHAPMAN AVENUE hlkl ORANGE, CA 92868 0 GARDEN SALES ±800 SF �26.0' 38.0' 26.0' � SHED DISPLAY o • � low 3 ±855 SF o O U ' M SIDEWALK SALES & DISPLAY - ENLARGED PLAN THE HOME DEPOT SCALE. 1 =20-0 79900 HIGHWAY 111 0 1 0 20 40 60 80 LA QU I NTA, CA 20130206.0 ENLARGED PLAN SP-2 01.10.2017 BS 1 PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 28, 2017 CASE NUMBER: SIGN PROGRAM AMENDMENT 2016-0003 (SAPR1997-383, AMENDMENT 1) APPLICANT: GLOBAL SIGN SYSTEMS, INC. PROPERTY OWNER: LA QUINTA PROPERTIES, LLC REQUEST: ADOPT A RESOLUTION APPROVING A SIGN PROGRAM AMENDMENT FOR THE JEFFERSON PLAZA SHOPPING CENTER CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15301 (EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THIS PROPOSAL INCLUDES THE ADDITION OF ON -PREMISE SIGNS. LOCATION: 79770 HIGHWAY 111 RECOMMENDED ACTION Staff recommends that the Planning Commission consider Sign Program Amendment 2016-0003 for Jefferson Plaza. The sign program amendment is presented to the Planning Commission on referral by the Director. Staff recommends that the Planning Commission not allow for an increase in allowable sign area and to restrict additional signs to accessory signs, if permitted. EXECUTIVE SUMMARY The applicant proposes to amend the Jefferson Plaza Sign Program for a commercial center on the southwest corner of Highway 111 and Jefferson Street (Attachment 1). The Jefferson Plaza Sign Program was approved by the La Quinta Planning Commission in 1997 (Attachment 2). The proposed amendment would allow for major tenants to be allowed 3 signs per frontage and increase the total sign area allowed per tenant (Attachment 3). Page 1 of 4 BACKGROUND In 1997, the Jefferson Plaza development was approved as a 217,000 square foot retail shopping center on a 25 acre site. The Plaza was designed in a contemporary desert architecture style using simplified colonnades with concrete tile roofs. The Plaza was developed in two phases, with phase one including the construction of a 105,700 square foot Home Depot hardware supply store and phase 2 designed to include major retail stores connected with multitenant buildings. On July 22, 1997, the Planning Commission approved a sign program for Jefferson Plaza. The sign program focused on signage allowances for phase II of the development, which includes all buildings in the plaza to the west of the Home Depot. The program provides sign regulation for major and minor tenants. Both types are allowed a maximum of 1 sign per lease frontage with a maximum area of 50 square feet. Major tenants are permitted 1 square foot per leasehold width and minor tenants being allowed 1 square foot per 75% of leasehold width. Jefferson Plaza currently has two buildings that are identified as major tenants, inclusive of the existing Smart & Final at 79770 Highway 111 and the 99 Cents Store at 79840 Highway 111. PROPOSAL AND ANALYSIS The applicant, on behalf of Smart and Final, requests an amendment to the existing Jefferson Plaza sign program. The applicant indicated the lease frontage area is sufficient to provide additional and larger signs to increase visibility and display more information about the business. The applicant claims other retail businesses in the City have additional signage similar to what is being proposed in this amendment. In nonresidential districts, the City's sign regulations restrict the number of identification signs to a maximum of one sign per tenant frontage along a street or common -use parking lot. The La Quinta Municipal Code (LQMC) allows for adjustments to planned sign programs to permit additional number of signs if the Director makes findings that the additional number of signs is necessary to compensate for inadequate visibility, or to facilitate good design balance. The proposal amends sign program standards only for Major Tenants (Attachment 3, Page 5). The following sign program amendments for major tenant signs are proposed: Increase the amount of allowed building -mounted signs from 1 to 3 per tenant frontage, as either an identification or accessory sign. Increase the allowable sign area from 1 square foot (SF) per lineal foot of lease frontage to 2.00 square foot per lineal foot of lease frontage. Remove the standard that allowed for a maximum of 50 SF of aggregate sign area. Increase maximum letter height from 3.5 feet to 4 feet for tenants greater than 20,000 SF. The applicant is requesting this amendment in order to add two additional signs on their lease frontage and replace their existing sign with a larger one (Attachment 4). The additional signs are considered accessory signs in the LQMC as they advertise store products, "Fresh Meat" and "Farm Fresh Produce." Although the Director is the decision - making authority for sign program amendments, the nature of the amendments allows Page 2 of 4 greater flexibility with the number and size limitations for signs beyond those currently allowed in the La Quinta Municipal Code and nearby commercial centers. The purpose of the referral to the Planning Commission is determine if more than one sign per frontage should be permitted. If approved, the proposed sign program amendment would permit Smart and Final and the 99 Cents store up to 3 signs per frontage. On January 24, 2017, City Staff completed a visual survey of major tenant buildings along Highway 111 to assess businesses with multiple signs on a lease frontage, the type of additional signage, and businesses with one sign per lease frontage (Attachment 5). The survey findings are as follows: Seven La Quinta businesses along Highway 111 have multiple building -mounted signs per lease frontage, including Costco, Hobby Lobby, the Home Depot, Lowes, Petco, Stater Bros, Target, Vons, and Walmart. Of these seven businesses, three include additional signs advertising a business inside of the building (Starbucks), three businesses include additional signs with advertising services provided by the business (ex: Tire Center, Grooming, Garden Center), and one, Hobby Lobby, includes information on products sold. Fifteen major tenant businesses on Highway 111 were observed to have sufficient area to propose sign adjustments to permit for additional building - mounted signs on their lease frontage. These businesses include Aldi, Bed Bath and Beyond, Best Buy, Dollar Tree, DSW Shoes, Famous Footwear, Goodwill, Kohl's, Office Max, Ross, Sprouts, Staples, Stein Mart, TJ Maxx, and World Market. As a result of the survey, staff concludes that the majority of major tenants along Highway 111 do not have more building -mounted signs than the maximum number permitted by the LQMC. The additional signs major tenant signs observed were limited to advertising a service provided by the businesses. If the Planning Commission were to decide that more than one sign per tenant frontage be allowed, staff recommends the additional signs be limited to "accessory signs." Accessory signs in the LQMC are defined as signs whose copy refers to the products, facilities or services available on the premises. In addition, staff does not recommend the proposed building -mounted sign area increase from one square feet per lineal foot of lease frontage to two square feet per lineal foot of lease frontage, as this would permit the aggregate sign area to double in size. ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301, Existing Facilities, of the California Environmental Quality Act in that the proposed project can be characterized as an existing facility. Prepared by: Carlos Flores, Associate Planner Approved by: Gabriel Perez, Planning Manager Page 3 of 4 Attachments: 1. Project Information 2. Existing Jefferson Plaza Sign Program 3. Proposed Sign Program Amendment- Jefferson Plaza 4. Renderings of New Proposed Signs "Smart and Final" 5. Photos of Major Tenants on Highway 111 Page 4 of 4 PLANNING COMMISSION RESOLUTION 2017- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SIGN PROGRAM AMENDMENT FOR THE JEFFERSON PLAZA CENTER AT 79770 HIGHWAY 111 CASE NUMBER: SIGN PROGRAM AMENDMENT 2016-0003 (SAPR1997-383, AMENDMENT 1) APPLICANT: GLOBAL SIGNS SYSTEMS, INC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 28th day of February, 2017, approve a request by Harsch Investment Realty, for the proposed sign program amendment, SAPR2016-0003, for the Jefferson Plaza center, more particularly described as: APN: 600-010-010, 600-010-012, 600-010-017, 600-010-021, 600-010-022, and 600-010-023, WHEREAS, upon hearing and considering all testimony and arguments for the appeal, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.160.090 of the Municipal Code to justify approval of said Sign Program Amendment 2016-0003: 1. Consistency with General Plan The project site is designated General Commercial on the General Plan land use map and the proposed sign program amendment further promotes general commercial uses at the shopping center. 2. Consistency with Zoning Code Sign program amendments is consistent with the purpose and intent of the Zoning Code. The sign program amendment is consistent with the original approved sign program design elements such as materials, letter style, colors, illumination, sign type and sign shape. 3. Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that the proposed sign program amendment is categorically exempt from further environmental review pursuant to Section 15311(a), Review for Exemptions - General Rule, in that n that the proposed sign program includes provisions for on -premises signs accessory to existing commercial facilities. 4. Surrounding Uses As conditioned, approval of the application will not create conditions Planning Commission Resolution 2017 - Sign Program Amendment 2016-0003 Applicant: Global Sign Systems, Inc. Adopted: Page 2 of 3 materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed sign program amendment design elements are consistent in size and scale with the existing signage in surrounding commercial centers. 5. Additional Number of Signs Additional number of signs are authorized by the municipal code if they compensate for inadequate visibility, or to facilitate good design balance. Additional number of signs as proposed under Sign Program Amendment 2016-0003 is needed for the project site to increase visibility. 6. Additional Height of Signs Additional height as proposed under Sign Program Amendment 2016-0003 is needed to overcome a visibility disadvantage with other major tenants in the City of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That it does hereby approve Sign Program Amendment 2016-0003, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 28th day of February, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2017 - Sign Program Amendment 2016-0003 Applicant: Global Sign Systems, Inc. Adopted: Page 3 of 3 PHILIP BETTENCOURT, Chairperson City of La Quinta, California ATTEST: GABRIEL PEREZ, Planning Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2017- CONDITIONS OF APPROVAL - RECOMMENDED SIGN PROGRAM AMENDMENT 2016-0003 JEFFERSON PLAZA SIGN PROGRAM AMENDMENT ADOPTED: Page 1 of 1 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Sign Program Amendment. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Major tenants shall not exceed 1 square foot per lineal foot of lease frontage in aggregate sign area. Any changes to the sign program, including sign size, sign placement and/or sign design, will require a sign program amendment application to be filed with the Design and Development Department. Page 1 of 1 ATTACHMENT 1 Project Information CASE NUMBER: SIGN PROGRAM AMENDMENT 2016-0003 (SAPR1997-383, AMENDMENT 1) APPLICANT: GLOBAL SIGNS SYSTEMS, INC. PROPERTY OWNER: LA QUINTA PROPERTIES, LLC REQUEST: ADOPT A RESOLUTION APPROVING A SIGN PROGRAM AMENDMENT FOR THE JEFFERSON PLAZA SHOPPING CENTER LOCATION: 797700 HIGHWAY 111 GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: REGIONAL COMMERCIAL SPECIFIC PLAN: JEFFERSON PLAZA SURROUNDING ZONING/LAND USES: NORTH: FLOOPLAIN (FP) WHITEWATER CHANNEL SOUTH: REGIONAL COMMERCIAL (CR) EXISTING COMMERCIAL CENTER EAST: REGIONAL COMMERCIAL (CR) EXISTING COMMERCIAL BUILDING WEST: REGIONAL COMMERCIAL (CR) EXISTING COMMERCIAL CENTER ATTACHMENT 2 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE H 's--' VP _11, THE HOME DEPOT U.S.A., INC. 601 SOUTH PLACENTIA FULLERTON, CA 92631 SUBMITTED TO: CITY OF LA QUINTA 78-795 CALLE TAMPICO LA QUINTA, CA 92253 PREPARED BY: GREENBERG FARROW ARCHITECTURE, INC. ARCHITECTURE — ENGINEERING — PLANNING 15101 RED HILL AVENUE SUITE 200 TUSTIN, CA 92780 DUNE, 1997 REVISED JULY 89-1997 SIGN PROGRAM 970123.02 2ND REVISION 7/24/97 REVISED "� A PROVED LA QUIN NNfNG CDM�dl5S1UN ` BY DATE 7 1 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II PURPOSE: The purpose of this sign program is to insure a continuity in graphic elements throughout the Jefferson Plaza. It is the intent of this sign program to provide individual tenants maximum sign exposure, without visual cl . n a manner that will en 11 image of the project. Signs shall be submitted to the City and Home Depot (Developer) for review and approval. Developer shall determine specific location and spacing of signs. ,�Z�]�117_Y_Illffl[3 Each tenant is responsible for providing their own sign. Each tenant is responsible for obtaining all required sign and building permits from the City of La Quinta. Signs are outlined in this sign program are the only signs allowed. The criteria in this sign program shall be strictly enforced. Any requested deviation from approved sign program shall require approval of Planning Commission. All individual signs shall require approval of sign application by Community Development Department. Exposed neon signs are not permitted. APPROVAL PROCESS: Each tenant sign must be submitted to Developer and The City of La Quinta Planning Department for approval. The drawings to be submitted must clearly indicate sign size, color, construction material, location, message and type face per the specifications identified in this program. Deviations and Amendments from this Sign Program require approval by City's Planning Commission. All provisions of Chapter 9.160 (signs) of the Municipal Code shall be met unless otherwise amended herein During review of the future Site Development Permit for each tenant in Phase II, the applicant shall submit drawings showing proposed sign locations in compliance with this document. Accessory freestanding price signs for automotive service stations shall be approved by the Planning Commission. 1 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II MONUMENT SIGNS - MAJOR TENANTS - CENTER I.D. SIGN..... PG. 3 LOCATION MAP....... PG. 4 TYPICAL ELEVATIONS.... PG. 5 (RETAIL B, C, & D) SECONDARY SIGN...... PG. 6 LOCATION LOCATION MAP........ PG. 7 MINOR TENANTS/SHOPS- TYPICAL ELEVATIONS... PG. 8 (RETAIL A & E) LOCATION MAP......... PG. 9 PAD/SHOPS- TYPICAL ELEVATIONS... PG. 10 (PAD I & 2) LOCATION MAP....... PG. 1 I .A JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II 9' 6' .:lEFEt850N.PLAZA. 0 TENANT U /� My� �•. '' it LSUUI�I�J II CENTER I.D. SIGN - SCALE: 1/4" =1'-0" DOUBLE FACED CABINET SIGN WITH 12" OR 24" HIGH LETTERS EACH TENANT. FOUR TENANT NAMES MAXIMUM ARE ALLOWED. ONLY TENANTS WITH LEASABLE AREAS OF 1200 S.F. OR MORE ARE ALLOWED. TENANT LETTER COLORS & STYLE TO MATCH THEIR BUILDING SIGNS. PURPOSE: PROJECT IDENTIFICATIONS QUANTITY: I SIGN AREA: 49 S.F. TOTAL AREA PER FACE HEIGHT: 12 FEET MATERIAL: EXTERIOR CEMENT STUCCO WITH CORNICE TO MATCH BUILDING DESIGN & COLOR. 3 c"10- 11L WHITEWATER STORM PARCEL 4 NE4 EASEMENT BUILDING AREA =56,263SF CHAhNN.aE�ur PARKING PROVIDED - 292 STALLS PARKING RATIO = 5 STALLS PER 1,000 SF RETAX A 5 W 5T PROPOSED R FO� PROPOSEC AFTAO. C 9.r9# ST n0?'NLY 5 V i e p A NG�SAR ei spar` 'v I • _ s�aaa 5F _ I:lWESx Q .w IT PARCEL T I � � p j 1� EXISTING HOME DEPOT 1 a p Yr "' _ — _ 4 L_ _ PARCEL 2 — — — — — FE,rr aP EA winrti Ra A a An EASE M-- -Er PWPRSES BUILDING AREA = 6,000 SF PER Pw—/EE-Sr, RE. E/W.E ejaur PARKING PROVIDED = 38 STALLS _ _ yo _ P9BLINf RA = 6 3 ST91 I c. —LOW Ste_ EnRnnc sau STATE HIGHWAY ill JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II MAJOR SIGNS - RETAIL B, C & D LETTER SIZE, STYLE, COLOR AND LOGO TO BE PHASE II (TYPICAL LOCATION) THE MAJOR TENANT'S STANDARDR,SUBJECT TO REVIEW AND APPROVAL BY DEVELOPER AND PLANNING COMMISSION PRIOR TO INSTALLATION. EACH MAJOR IS ALLOWED 1 SIGN PER FRONTAGE WHICH SHALL NOT EXCEED 1 S.F. PER LINEAL FT. OF LEASE FRONTAGE UP TO 50 S.F. OF AGGREGATE SIGN AREA. Ln MAJOR TENANT SIGNS SHALL NOT EXCEED 3.0' IN HEIGHT FOR TENANTS WITH BETWEEN 9,500 TO 20,000 SQUARE FEET AND 3.5' IN HEIGHT IF GREATER THAN 20,000 SQUARE FEET UNLESS APPROVED BY THE PLANNING COMMISSION. JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II UNDERGANOPY SIGN/IDENTIFICATION SIGN CENTERED ON SHOP ENTRANCE MAJOR & MINOR TENANT SIGNS (SECONDARY PURPOSE: SHOP IDENTIFICATION QUANTITY: ONE PER LEASE SPACE SIGN AREA: CANNOT EXCEED 3 S.F. LETTER STYLE: HELVETICA LIGHT COLORS: TO MATCH PRIMARY SIGN OR AS APPROVED BY DEVELOPER AND CITY. MATERIAL: TO BE COMPATIBLE WITH MATERIALS OF BUILDING SHALL NOT BE INTERNALLY ILLUMINATED. UNDERCANOPY SIGN OPTIONAL PER DEVELOPER. 6 m � � � � � I � � � � t � � � � T b RETAIL B 25,000 S.F. 175 b m 1 frri •�! 10 1 JEFFERSON PLAZA PLANNED SIGN PROGRAM HU1111111 PHASE H . �7 RETAIL c ip,pOp SF, � so, rirrrr �XW . ,G 20 :rri i; 10 MAJOR SIGNS - RETAIL B, C & D PHASE II (TYPICAL LOCATION) C GAG RETAIL D 0 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II I/ LEASEHOLD WIDTH I, LEASEHOLD WIDTH I, I (VARIES) •�� (VARIES) MINOR TENANT/SHOPS SIGNS (PRIMARY} PURPOSE: MAJOR IDENTIFICATION QUANTITY: ONE PER LEASE AREA FRONTAGE. CORNER END SPACES MAY SPLIT. ALLOWABLE FRONTAGE SIGN AREA AMONG TWO SIGNS. SIGNS TO BE SEPARATED BY 20' WHEN ON CORNER (ONE ON EACH FACE). NET SIGN AREA: *AS DEFINED ABOVE, NOT TO EXCEED 50 SQ. FT. MAXIMUM (INCLUDING TENANT LOGO NOT TO EXCEED 25% OF TOTAL AREA). SIGNAGE CAN BE TWO LINES PROVIDED TOTAL AREA DOES NOT EXCEED 50 SQ. FT. LETTER STYLE: *HELVETICA LIGHT OR AS APPROVED BY CITY AND DEVELOPER. COLORS: AS APPROVED BY CITY AND DESIGN REVIEW BOARD. EACH SIGN SHALL HAVE ONLY ONE LETTER COLOR. NO TWO ADJACENT SIGNS SHALL BE THE SAME COLOR. MATERIAL: PLEXIGLAS FACE, MATTE BLACK PAINTED ALUMINUM CAN. INTERNALLY ILLUMINATED INDIVIDUAL LETTERS. NO EXPOSED ELECTRICAL RACEWAYS ALLOWED. ADDRESS: LETTER STYLE: 6" HELVETICA LIGHT COLORS: "FRAZEE", CZ-5880W MATERIAL: DIECUT FACED LETTERS *NATIONAL OR REGIONAL TENANTS WITH MORE TI IAN 5 OUTLETS WILL BE ALLOWED TO USE THEIR STANDARD SIGN. NO TWO ADJACENT SEPARATE TENANT SIGNS SI IALL BE TI IE SAME COLOR WITI [OUT CITY APPROVAL. ONE COLOR ONLY PER SIGN OTHER THAN LOGO UNLESS APPROVED BY CITY. TI4ESE PROVISIONS REQUIRE PLANNING COMMISSION APPROVAL. THIS EXHIBIT IS INTENDED TO SET FORTH THE PLANNED SIGN PROGRAM AND TO PROVIDE EXAMPLES OFTHE SAME BY ILLUSTRATION AND IS NOT A REPRESENTATION TI IAT ANY SPECIFIC TENANT, NUMBER OF TENANTS OR TYPES OF BUSINESSES SHALL OCCUPY ANY SPACE IN THE PROJECT DURING THE TERM HEREOF. MINOR TENANT SIGNS SHALL COMPLY WITH CHAPTER 9.160 OF THE MUNICIPAL CODE 8 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II 20 -SIN E MINOR TENANT/SHOPS SIGNS PRIMARY (LOCATION) TYPICAL 0 Tt= JEI+ FERSON PLAZA PLANNED SIGN PROGRAM PHASE II SIGN AREA, FR. SIGN AREA PAD SIGNS - PAD 1_& 2 TYPICAL MULTI -TENANT CONDITION IL JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II PHASE 11 PHASE II PAD SIGNS (LOCATION) TYPICAL NOTE: CRITERIA IS SAME AS FOR "MINOR TENANT SIGNS (PRIMARY)" ON PAGE 8 EXCEPT LETTER SIZE IS 24" AND SIGN AREA FOR EACH SIGN IS ONE, SQ. FT. PER LINEAR FOOT OF FRONTAGE NOT TO EXCEED A MAXIMUM OF 50 SQ. FT. FOR ALL ATTACHED BUILDING SIGNS. DEVIATIONS REQUIRE CITY APPROVAL. NO BUSINESS SHALL HAVE MORE THAN TWO (2) BUILDING MOUNTED SIGNS. W UM FACEDMDEDA5 GANEIS >+�Ae AFµ.:w vacs nV,aorme anH+ Yw�t%'�in0'4CJ Fkllf�wniSR Yswif fhTF�ltl•AT�G GYf1f,4iaA'i.¢eCf» eeY �9ai V IS15+LlW gr�ICST'� R7YLenfiT fl'..�Y)k wyF M1ti:«+�•A xusoaws coca++ D/F INTERNALLY ILLUMINATED MONUMENT SIGN SPECIFICATIONS: CABINET TO BE FABRICATED FROM ALUMINUM, PAINTED W/ MATTHEWS POLYURETHANE FINISH OVER PROTECTIVE PRIMER UNDERCOAT. FACE - TO BE 3/16" THICK WHITE LEXAN W/ 1 ST SURFACE VINYL & GRAPHIC OVERLAY. HEADER - FABRICATED FROM ALUMINUM W/ ROUTED OUT W/ 1 /2" THICK PUSH THRU ACRYLIC PLASTIC LETTERS. COPY TO BE #3630-157 COBALT BLUE W/ WHITE OUTLINE. COLOR DETAILS: 99 CENT STORE: BACKGROUND - TO BE #3630-157 COBALT BLUE VINYL OVERLAY. "99" -& "STORES" - COPY TO BE WHITE WITH BLACK OUTUNE VINYL OVERLAY. ONLY - TO BE BRIGHT NEON GREEN W/ BLACK & WHITE OUTLINE VINYL OVERLAY. SMART & FINAL: RED BACKGROUND ROUTED OUT TO REVEAL WHITE COPY. STAYS: TO BE TBD, CABINET TO BE CEMENT STUCCO WITH CORNICE TO MATCH BUILDING DESIGN & C( BASE TO BE TEX-COATED & PAINTED TO MATCH BUILDING DESIGN. ALL CONSTRUCTIONS & WIRING TO BE LISTED APPROVED H.O FLOURESCENT LAMPS. ALL COMPONENTS TO BE UL. LISTED. This sign Is Intended to be installed In accordance with the requirements of Article 600 of the National Electrical Code andlor other applicable local codes, This includes proper grounding and bonding of the sign. SIGN AREA: 49.00 SQUARE FEET 9'-6" Af f f RION PLAZA TENANT art&Final ON. I C+7 TENANT v� 7'-0" SCALE: 1 /2" = 1'-0' (, PROJECT LOCATION: JEFFERSON PLAZA PHASE II, PARCEL 4 LA QUINTA, CA DATE: MAY 12. 2005 SIGN TYPE: MONUMENT SIGN FILE NAME: 99 CENT ONLY STORES LA QUINTA MONUMENT D r\�C` TI� 3D30 E. 29TH ST. LONG REACH, CA 9D306 • TEL: (562) 595-7725 • FAX: (562( 595-5434 DESIGNER: SOKHON ACCOUNT REP: FILL HENIGSMAN EMAIL: iNTNEONSIGN@AOL.COM IN STATE IIC. Na. yt�',GAIILt DMDED/5 MNELS SIGN AREA: 49.00 SQUARE FEET SCALE: 1/2" nuxwvl� � i sw NLIMINIIMCEOLT 1 M'%I'h'%3ll t.' Ngll MINTED IPANT OIrt E IRON STEEL FRAMNO y{t` 1'Y�FYIf.'T Sl* NAM EL PRIM OVE-PA �'�-�` •��•�,^T� TJ OIrt51DF COLOR R EVE PAINTED WHRECOLOR FOR EVEN LIOM I 'S REFLECTION BOLTED AOINF E4511NG SIGN _/ y�py:Eyppg PIPE _MN Rd I � I M11nN.E1Kf I+' fT 'Mix: A•tlgWIMf�W tVaC#"A F� lox [�D D/F INTERNALLY ILLUMINATED MONUMENT SIGN SPECIFICATIONS: CABINET TO BE FABRICATED FROM ALUMINUM, PAINTED W/ MATTHEWS POLYURETHANE FINISH OVER PROTECTIVE PRIMER UNDERCOAT. FACE -TO BE 3/16" THICK WHITE LEXAN W/ 1ST SURFACE VINYL & GRAPHIC OVERLAY. HEADER - FABRICATED FROM ALUMINUM W/ ROUTED CUT W/ 1/2" THICK PUSH THRU ACRYLIC PLASTIC LETTERS. COPY TO BE #3630-157 COBALT BLUE W/ WHITE OUTLINE. COLOR DETAILS: 99 CENT STORE: BACKGROUND - TO BE #3630-157 COBALT BLUE VINYL OVERLAY. "99" -& "STORES', COPYTO BE WHITE WITH BLACK OUTLINE VINYL OVERLAY. ONLY - TO BE BRIGHT NEON GREEN W/ BLACK & WHITE OUTLINE VINYL OVERLAY. SMART & FINAL: RED BACKGROUND ROUTED OUT TO REVEAL WHITE COPY. STAYS'. TO BE TBD. CABINET TO BE CEMENT STUCCO WITH CORNICE TO MATCH BUILDING DESIGN & COLOR. BASE TO BE TEX-COATED & PAINTED TO MATCH BUILDING DESIGN. ALL CONSTRUCTIONS & WIRING TO BE LISTED APPROVED H.0 FLOURESCENT LAMPS, ALL COMPONENTS TO BE UL. LISTED, This sign is intended to be Installed in accordance w/th the requirements of Article 600 of the National Electrical Code and/or other applicable local codes This Includes proper grounding and bonding of the sign. ELECTRIC h Sian.K. SLAM uc. NO. 9'-6R JEFFERSON 'PLAZA un -' TENANT Q 0 �. vo c? U _— i TENANT V.O I PROJECT LOCATION: JEFFERSON PLAZA PHASE II, PARCEL 4 LA QUINTA, CA DATE: MAY 12, 2005 SIGN TYPE: MONUMENT SIGN FILE NAME: 99 CENT ONLY STORES LA QUINTA MONUMENT D 3080 E 29TH ST. LONG BEACH, CA 9DB06 • TEL: (562) 696-7725 • FAX: (562) 595-5434 DESIGNER: SOKHON ACCOUNT REP: BILL HENIGSMAN EMAIL: TNTNEONSIGN@AOL COM usm ELECTT'riC SIGN ATTACHMENT 3 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II PREPARED FOR: SMART & FINAL EXTRA & MAJOR TENANTS 79770 HIGHWAY III LA QUINTA, CA 92253 SUBMITTED TO: CITY OF LA QUINTA 78-795 CALLE TAMPICO LA QUINTA, CA 92253 PREPARED BY: GLOBAL SIGN SYSTEMS, INC. 400 SPECTRUM CIRCLE OXNARD, CA 93030 DECEMBER 2016 REVISED 2017 SIGN PROGRAM 970123.02 3RD REVISION DATE TBD JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II PURPOSE: The purpose of this sign program is tD insure a continuity in graphic elements throughout the Jefferson Plaza. It is the intent of this sign program to provide individual tenants maximum sign exposure, without visual clutter and in a manner that will enhance the overall image of the project. Signs shall be submitted to the City and Home Depot (Developer) for review and approval. Developer shall determine specific location and spacing of signs. CONDITIONS: Each tenant is responsible for providing their own sign. Each tenant is responsible for obtaining all required sign and building permits from the City of La Quinta. Signs are outlined in this sign program are the only signs allowed. The criteria in this sign program shall be strictly enforced. Any requested deviation from approved sign program shall require approval of Planning Commission. All individual signs shall require approval of sign application by Community Development Department. Exposed neon signs are not permitted. APPROVAL PROCESS: Each tenant sign must be submitted to Developer and The City of La Quinta Planning Department for appr-Qvad. The drawings to be submitted meet clearly indicate sign size, color, construction material, location, message and type face per the specifications identified in this program. Deviations and Amendments from tit -is Sign Program require approval by City's Planning Commission. All provisions of Chapter 9.160 (signs) of the Municipal Code shall be met unless otherwise amended herein During r-eview of the future Site Development Permit for each tenant in Phase II, the applicant .,hall suhmit drawings showing proposed sign location-, in compliance with this document. Accessory freestanding price signs for automotive service stations shall be approved by the Planning Commission. JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II MONUMENT SIGNS - MAJOR TENANTS - MINOR TENANTS/SHOPS- PAD/SHOPS- CENTER I.Q. SIGN..... PG. 3 LOCATION MAP....... PG. 4 TYPICAL. ELEVATIONS.... PG. 5 (RETAIL B, C, & D) SECONDARY SIGN...... PG. 6 LOCATION LOCATION MAP........ PG. 7 TYPICAL ELEVATIONS... PG. 8 (RETAIL A & E) LOCATION MAP......... PG. 9 TYPICAL ELEVATIONS... PG. 10 (PAD 1 & 2) LOCATION MAP....... PG. 11 2 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE 11 9' 6' i� 1 1EMRSON.PLAZA. i ul r�l iii CENTER I-D. SIGN - SCALE: 1/2" = V-0" DOITBLE FACED CABINET SIGN %VITH 12" OR 24" HIGH LETTERS EACFI TENANT. FOUR TENANT NAMES MAXIMUM ARE ALLOWED. ONLY TENANTS WITH LEASABLE AREAS OF 1200 S.I+. OR MORE ARE ALLOWED. TENANT LETTER COLORS STYLE TO MATCH TIKIR BUILDING SIGNS. PURPOSE: PROJECT IDENTIFICATIONS QUANTITY: I SIGN AREA: 49 S.F. TOTAL AREA PER FACE HEIGHT: 12 FEET MATERIAL: EXTERIOR CEMENT STUCCO WITH CORNICE TO IMATC.H BUILDING DESIGN & COLOR. 3 � -'-- _--_- - ---- _ | --- / MUM 4W ze�/ ___ w� w�� -~ Lj,\ � al . '-----__---_---------------'--__-----'-_----_------'----__' _01. ul JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II MAJOR SIGNS - RETAIL B, C & D LETTER SIZE, STYLE COLOR AND LOGO TO BE PHASE II (TYPICAL LOCATION) THE MAJOR TENANTS STANDARD, SUBJECT TO REVIEW AND APPROVAL BY LANDLORD AND PLANNING COMMISSION EACH MAJOR TENANT IS ALLOWED 3 SIGNS PER FRONTAGE WHICH SHALL NOT EXCEED 2.00 SQUARE FEET PER LINEAL FOOT OF LEASE FRONTAGE. MAJOR TENANT SIGNS SHALL NOT EXCEED 3'-5" IN HEIGHT FOR TENANTS WITH BETWEEN 9,500 TO 20,000 SQUARE FEET AND 4'-0" IN HEIGHT IF GREATER THAN 20,000 SQUARE FEET UNLESS APPROVED BY THE PLANNING COMMISSION. JEFFER.SON PLAZA. PLANNED SIGN PROGRAM PHASE II UNDF-7RN • SIGN/IDENTiF rAflON SIGN CFN I EHdEU ON SHOP ENTRANCE MAJOR & MINOR TENANT SIGNS (SECONDARY) PURPOSE: SHOP IDENTIFICATION QUANTITY; ONE PER LEASE SPACE SIGN AREA: CANNOT EXCEED 3 S.F. LETTER STYLE, HELVETICA LIGHT COLORS: TO MATCH PRIMARY SIGN OR AS APPROVED BY DEVELOPER AND CITY. MATERIAL: TO BE COMPATIBLE WITH MATERLkLS OF BUILDING SHALL NOT BE INTERNALLY ILLUMINATED. UNIDF.RCANOPY SIGN OPTIONAL PER DEVELOPER. T RETAIL 25,cm S ;. 0 JEFFERS9N PLAZA PLACED SICN PROGRAM PHALSE II . I� RETAIL c 1c7 k°,4r, RETAIL D cr :15,ow _ 1 7s ilk rrf Ii, I[� I�. rr MAJOR SIGNS — RETAIL B, C & D PHASE II (TYPICAL LOCATION) F JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE II (\ARIES) j,T0, , 175 a (1 ARkES) 11VIR 'OSE: MAJOR IDENTIFICATION QUANTITY: ONE PER LEASE AREA FRONTAGE. CORNER END SPACES MAY SPLIT. ALLOWABI2 FRONTAGE SIGN AREA AMONG 7WO SIGNS. S][;NS'I O BE SEPARATED TlY 20° WIIEN ON CORNER (ONE ON EACH FACE). NET SIGN AREA: *AS DFtrINUD ABOVE, NOT TO EXCEED 50 SQ. FT, MAXIM Uhl (INCLIIDING TENANT LOGO NOT TO EXCEED 25% OFTOTAL AREA). SICNAOF CAN BE TWO LINES PROVIDED TOTAL AREA DUES NOT EXCEED 50SQ. FT. LKII'RR STYLE: 0HELVETICA i-IQHT OR AS APPROVED BY CCTV AND DEVELOPER, COLORS: AS APPROVED BY CITY AND DESIGN R13VIE-W BOARD, EACH SIGN SHALL HAVE ONLY ONE LETTER COLOR, NO TWO ADJACENT SIGNS SHALL BETfIE SAML'•. COLOR. M ATERIAL! PLEX10LAS FACE, MATTE BLACK PA1N'I-EU ALUMINUM CAN. INTERNALLY ILLUTAINAlED INDIVIDUAI.I.MER5- NO EXPOSED ELECTRICALRACI:WAYS Al LDWET). ADDRM, 1.11MFEA STYLE: 5" RELVETICA LIGHT COLORS: `FRAZEE%CZ-5SSOW MATERIAL: DIECUT FACED LETTE115 4NATI[ONALOR R�GIONALTENANTS WITk; MORE THAN 5 OUTLETS WILL BE A11,0WED TO (ISE 1110.1R STANDARD 516M- NO TWO AIJACENT SEVAk/ TE TENANT 510NS 511ALL BET1II tiAMU COLOR WIT IIOU rCITY APPROVAL. ONE COLOR ONLY PER SIGN OTI IER THAN LOGO UNLESS APPROVED 13Y CITY. THESE PROVISIONS REQUIRE PLANNING COMMISSION APPROVAL. THIS EXI IIIIIT 15 INTEN DED TO SET FORTII THE PLANNED SIGN PR)r;RAM AND TO PROVIDE EXAMPLES OF THE SAME EY IL.LUSTRATI0N ANI] IS NOT A RHPRESENTAI ION 1'1IAT ANY SPECIFIC TENANT, NUM0ER OF TENANTS Olt TYIT"S OF BUSINESSES S11ALLOCCUVY ANY SPACE IN TILE PRO]ECl DURING TILE TERM IiEREOF. MINOR TENANT SIGNS SHALL CON1PLY WITH CHAPTER 9.160 OFTT IVlVN ICIPAL C 00E : LOA -MULTI-TENANT CONDITION 1 1 REt IL; A r ;r. JEFFERSON PLAZA PLANNED SICrN PROGRAM PHASE II FOR 'I'EI AN'i`MOPSIGNS (PRIMAR10 (LOCATION) TYPICAL JEFFERSON PLAZA PLANNED SIGN PROGRAM No PAD SIGNS TYPICAL PHASE 11 SIGN AREA PAD 1 _$� 2 MULTI -TENANT CONDITION SIGN AREA 10 JEFFERSON PLAZA PLANNED SIGN PROGRAM PHASE 11 F�,FYSED PHASE 11 PAD SIGNS (LOCATION) TYPICAL a is r PAD 3 NOTE: CRITERIA IS SAME AS FOR "MINOR TENANT SIGNS (PRIMARY), ON PAGE 8 EXCEPT LETTER SIZE IS 24" AND SIGN AREA FOR EACH SIGN IS ONF, SQ. FT. PER LINEAR FOOT OF FRONTAGE NOT TO EXCEED A MAXIMUM OF 50 SQ. F-F. FOR ALL ATTACHED BUILDING SIGNS. DEVIATIONS REQUIRE CITY APPROVAL., NO BUSINESS SHALL HAVE MORE THAN TWO (2) BUILDING MOUNTED SIGNS. 11 rein rz=ow�rr F•r� sxaac se �� Iwo ,nuc q+F WE WHY ILIYM NATED MONUMENT 5'GN SPE: MATMNS CAP td° 1 10 SE FABRICA-EN Ff,ON1 ALUKjPJdK% PA'V[ED W.+ Nv11 HRIA POLS'JRERH4hE FIMII p'rkR FC4TB'"TPJE'RIUER JNnERC )AI. FACE -TO BE 3; �b' TAlGK'A'HLT2 LEYA4 WI 16T SLnFPCE VINO to rnA.PHIC O+ERLAY. HESDER - FfimcATEd FGWALUVINLNA WJ ROWED 01A 1V' 1,r2"_-IICK PUSH _H211 ACMC'LAS11C 1JETTEf 3, rnw TO BE 43d'd0.157 coliA17tJ,E'N.' WHITE CFLIlA- C=1 CETAIS: 99 CENI MIF: EACKGF,OUN,D- TO BC $3t-IS157 G7d;LT BUJF'ANAOVERLAM `N,-3: Wr,E5'-CAFYTD9Fu+fE'iJ1THBLACKORTJNc','FH"LV&AY. ONLV. TO BE 1571131-T Fr:-C'J C-.3EEN Wr MACr PaW 4rrE OLFrLIVF iMNL C'dEALA% SMARTB Fl"L RED aA.C. 51POJNC ROTTED 00 TO RFi FPA WHPE CCPY, 67AYH TO DETB-_ CABRkf'n HF CE%IE',F, 3TLK= WT4 vORNGE TO kt;TCH TULIW nEEi GN Br COLIC[ 3A5C To BC TD(-COATED & PAIN-Fn n 6VTC:H 6LMft%3 ❑EiIGN, ALL C0Nl,1 --MOW & W %%.G Tn EE IP3rED AJPRCbEJ HA rLoLREBCENT LAMM. A:10:MPCRENTS TO BE UL, I pTTen. mu tW IF kneidw M be .fiddled In ec rda with Phe 1aWelr WM df 'WltIa 6w ar W& Holland MpicklonP Code and{rcr afMr appUpabra An-= G6dlL 7h7l.6Fa'ui94prlpvr grourdA•ig end haad�hQ a/!PN s,g'n. N SIGN AREA: 49.00 SQUARE FEET q� 9 d fif f f RION PLAZA L SCALE: 112' = L'•L;' PROJECT LOCATION: JEFFERSBN PLAZA PHASE 11. PARCEL d LA WNTA, CA DATE; MAY 12. 2006 SIGN TYPE: MONUMENTSIG:N FILE NAME: A9 GENT ONLY STORES LA CLUINTA MONUMENT D &D50 E.24Tli FF. Lo" BEACH, CA 9DRQ6 11EL: (562L 595-7726 * W 16621595,5434 D>MGHM 8OKK)W ACC4FHTREP;111Li HFilWWN _ AWL:lNMEOWiCNIA& 4 DM jr,row-cl — � ANfil1'rM. � w,tr Will VACIP� I'h'R'u'x;''�'aI3Y � � ws�raryir �^as n�n:u� rx �' �7yr �� orarc rrin;�xa-f �avn a � � �I.Y Y� I� 6 ( I ^ r AxidlW fi � E ' � �� .%tl NBKh14./CN6fYiY4 s :OF INT3R lAL v IL_U V IKAT3 D k1�-V LINTc11 S GN 3=CIFICA7ON3 CA31NET-0R--A3RIC.Ato'Rav ALIAIIhUV'P+.IT-DA1.1"VATIII:'+r5 FC -YLRTi4VE F K S1 C',V. FRCT 7VT MINIM UNDEPCCAT. FAC 3 - TO 63 3rl h' 1H CK q IF E . '1e'; _I- S-n7x-E'J INN_ & 0W HIC ZWERA'V HmADER=r,RRlru:oUK, VJIVIIm?RoUECOUT.',,'l,, i -KrUSI T-RL AUk-L.0 P-A,nC 1TTCR5, COrlf rO 12 *363C-IE7 G734= 9-L1E'.l';' A-F- _)If1.IKL. CC -OR DED1I1.5: 9Q CEYf BTORE: 3A :h: leCi1N: ] - Z'` 3E a�9h3C-1 5 % CGC�J.T 3J.:= V ll1 arErsv;�. P4'-&;5TCR35 CCPY-D:MiRE'.L'RHb-ACKGJ'LYE`•3NV_CVE2Lzy C`iLY TC iF 3f. C�I-Il NEON S�ftE3M1: Wr 3LP.CK & ll'HTE C{R. V: VI`JvLO`+E',AY ILUZ k FRW .iE D 2ACW3W JNr M117:1 n. L Jo REVW- TE 001i .AYE: 1: 3E S 3D CABINET TO BE C3McNT 5TJCCoYvM I CONIC: TO PATCH MILDYG DESG`7 & rrrncr, 345'c K RE TF% C 0,VTE D & PAIN E0TO --A JCH 3U LCING DLS 311. F.1 �YSRiSJCIC I$ &'•l'><E l^. TO BE LI3TED.�PFf,Y�V�D H2O RC�IR-SS=.NI LRk� A- C0M}CV_NTS TO BE LL LIMED. rn'z :r3., is �bneda m na rts.Y;ynrrr rn aey:mm�nen rdf h rho rnq«l.ia^renta a7 Artk; P apU c; Mo -10-fi-idU Frde M.%=f Corry CITI&OT Vnor appNcVF!10 �1 =der This.L�elu7as plgper gr]Lv+m1L7 C1CbMd.Np c.` Lh7 srgr SIGN AREA: 49.00 SQUARE FEET b {V T -0 Jif FERSUN PLAZA �� TENANT TENANT 7 -D' _ .I V.Q L SOLE 421' PRCJFr-T LOCATION: AFFEWN PLAZA PHASE II, PARCEL k LA QUINTA. CA WE- MAN 12, "6 SIGN TYPE: MONUMENT SIGN FILE NAME: 44 CENT ONLY 8TOR5$ LA WNTA MONUMENT D UH13 E 2RH A LONG MACH. CA YU995 - ILL: 06ff' 69-5-7725 • W' (5d2) &N-64U EMUNER: 5CMQN ACCDIIKERO GILL HEHIMPLAH Erm;L: ININLOVIGN�)Adr- told wm FL:aCTFV%C $1Ci,N VICINITY MAP — SITE MAfi� i op f.. 1 - M ' 34. - 6*5 Poo �F R - x p i - { , , JEFFERSON PLAZA _ PAFt141FIG LOT ® -` ENLARGED SITE MAP VIEW �, 11�FIITEihFATER RiYER cc i +•!' r. W 1 JEFFERSON PLAZA vim w HIGHWAY 111 5A .. A'.:--_ _,ALL "•: �< .- -_ .�. �I : d� - -'' . �r+ F 41 s p le Earth NORTH sY42"32.3014 11F16'19. eiev 8,. eye al 3'b_? rt FRONT/SOUTH ELEVATION �m -2" Tv al S tarp Length C� w Gb i W n I A FRONT/50UTH ELEVATION - PROPOSED 5CALE: 3/32„ -l'-0" e -_g..., _ T790 (, , rm Afi- f &.=-. p__ �CIRC4'E ELEIAEHT� now" .FA D`BY'O?NI FIELD VERIFY ALL DIMEN5I0N5 PRIOR TO MANUFACTURING. MAIN STOREFRONT SIGN 3l'-8114" ---------------------------------------------------------------------------------------------------------- 49 t------------- --- o-------------------------------------------------------------------------------------------•------- ----•- i ------------------- 22'-8 1 /2" KR�jj INTERNALLY ILLUMINATED, PAN CHANNEL LETTERS QTY.. (1) TOTAL: 204 5Q FT SCALE: 318" =1 '-0" EXI5TING WALL---_-#8-32 x 1f2' PHILLIP5 1"RED TRIM CAP "5MART&FINAL" 1 " BLACK TRIM CAP "EXTRA" PVC PAS5THRU KIT .040" ALUMINUM COIL "5MART & FINAL" RED LEDPOWERSUPPLY, EXTRA"BLACK HOUSED IN TRANSFORMER BOX -•063" ALUMINUM 5ACK5 RED LED'5 "SMART & FINAL" TOGGLE SWITCH WHITE LED''S "EXTRA" ------- - ELECTRICALS - I GROUND SCREW CONNECTION TO PRIMARY FILL HOLES W/INDU5TRIAL STRENGTH ADHESIVE CHANNEL LETTERS SECTION DETAIL NOT TO SCALE �WHITEACRYLIC C W FIRSTSURFACEVINYL -- U5E NYLON ANCHOR5 WITH #8 X 3" 5CR2.EW5 - 4 PEP LF TER MINImIi 114" WEEP HOLE PER UL-48 "SMART & FINAL" LETTERS: RETURNS .040 PRE PAINTED RED ALUMINUM BACKS .063" WHITE PRE -PAINTED ALUMINUM FACES .177" #7328 WHITE ACRYLIC WIFIR5T 5URFACE 3630-53 CARDINAL RED VINYL TRIMCAP 1 " RED,JEWELITE CUSTOMER COLORS: F-1 WHITE ACRYLIC OR LEXAN 3M VINYL: #3630-53 CARDINAL RED .040" PRE -PAINTED RED ALUMINUM 3M VINYL: #3630-125 GOLDEN YELLOW .3M VINYL: #3630-2.2 BLACK "EXTRA" LETTERS: RETURNS .040 PRE PAINTED BLACK ALUMINUM BACKS .063" WHITE PRE -PAINTED ALUMINUM FACES .177" #7328 WHITE ACRYLIC WIFIR5T 5UKFACE 3630-125 YELLOW VINYL&3630-22 BLACK TRIMCAP 1 " BLACK JEWELITE 1 2'-51] IERESH MEAT gff4INTERNALLY ILLUMINATED, PAN CHANNEL LETTERS aTY: (1) TOTAL: 18.62 5Q FT 5CALE: 112" =1 '-O" 12'-5114" �l FARM F--R. .-S H m,a7o=aF. PRODUCE 14.79 SQ FT 9'_10° KR4-TOTAL: INTERNALLY ILLUMINATED, PAN CHANNEL LETTERS QTY: (1) 33.4 5Q FT 5CALE. 112" =1 '-O" 5" EX15TI NG WALL --- PVC PA55 THRU KIT -\ LED POWER SUPPLY, HOU5EDIN TRANSFORMER DOX #6-32 x 112" PHILLIPS 1 " RED TRIM CAP .040" ALUMINUM COIL RED .063"ALUMINUM SACKS TOGGLE 5WITCH �RED LED'5 ELECTRICAL -,-# - - - - GROUND SCREW CONNECTION TO PRIMARY WHITE. ACRYLIC FACE W1 FIRST SURFACE VINYL FILL HOLES WIINDU5TRIAL USE NYLON ANCHORS WITH #8 X 3" STRENGTH ADHE5IVE SCREWS -4?FIZ Lr-TTEp2 MINIMIJ 114" WEEP HOLE PER UL-46 CHANNEL LETTERS 5ECTION DETAIL NOT TO 5CALE LETTER 5PECIFICS: RETURNS .040 PRE PAINTED RED ALUMINUM BACK5 .063" WHITE PRE -PAINTED ALUMINUM FACES .177" #7328 WHITE ACRYLIC WIFIR5T SURFACE 3630-53 CARDINAL RED VINYL TRIMCAP 1 " RED JEWELITE CU5TOMER COLOR5: WHITE ACRYLIC 3M VINYL: #3630-53 CARDINAL RED .040" PRE -PAINTED RED ALUMINUM FIELD VERIFY ALL DIMEN51ON5 PRIOR TO MANUFACTURING. PHOTO D H _ � ELECTRICAL ACCE55 OPEN 1 1 IV I L 1 NT5 IPHo"ro _ �] ELECTRICAL ACCE55 OPEN 2 - L NT5 TENANT P'ANEL5 FOR EX15T1NG MONUMENT 51GN - HIGHWAY 111 f 7-2 1/4" CUT 51ZE (VERIFY) 7_0 1 /2" V.O. 5'-5" GRAPHIC5 ►, N Cb lq nn�T I MONUMENT TENANT PANEL DETAIL - EX15T1NG D/F MONUMENT QTY: (2) PANEL5 IYI 1 ' 1 5CALE: 1 "=1'-0„ e JEFFERSIN PLAZA CUSTOMER: COLORS: 3/16" THICK WHITE ACRYLIC 3M VINYL: #3630-53 CARDINAL RED .040" PRE -PAINTED RED ALUMINUM 3M VINYL: #3630-125 GOLDEN YELLOW . 3M VINYL: #3630-22 BLACK JEfff138N PLAZA MATTRESS L SAart& Final MATTRESS, Smart&Final ?_t?"Sa' �- Smart&Final enira-� .Sl11BWA) * $UBWAr NWAY EX1$TING CflNDIT10N5 �EXISTINC GOND1,T,1[ " IMT-1 EX15T]NG MONUMENT 51GN � 5CALE:318>,=1'-01" FIELD VERIFY ALL DIMEN51ON5 PRIOR TO MANUFACTURING. ATTACHMENT 5 BUSINESSES WITH ADDITIONAL SIGNAGE �— mm ors 1.- v LOWE"S HOME IMPROVEMENT WAREHOUSE •I• fA N 1 A EN G CENr� fA A—•z �3 E R•YA'i� — L .......... - — ---- --------- - .. ......... . ttf Walmart Grocery Ott ate At, ib Pharmacy BUSINESSES WITHOUT ADDITIONAL SIGNAGE J- 40 xn �7. STAPtES ,V-. WORLD MARW ta ra GEM ofihe DESERT — TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 28, 2017 SUBJECT: DEVELOPMENT AGREEMENT STATUS REPORT SSI The Planning Commission requested a report on the status of active development agreements for compliance with La Quinta Municipal Code (LQMC) Section 9.250.030, Development Agreements. The periodic review of development agreements is required by the City Council at least every 12 months from the date the development agreement was entered into until the expiration of the agreement. The periodic review of active development agreements, pursuant to the LQMC, did not occur previously. Five active development agreements were reviewed (Attachment 1) and identified in the table below: Active Development Agreements Project Name Applicant Project Description Effective Status Date 1 Center Point Center Point 50 acre Mixed -use July 17, Under Development development at SEC 2003 Review LQ, LLC of Washington (Expires Street and Miles 2053) Avenue 2 Legacy Villas Centex 280 residential units November Compliance Homes at NWC of Coachella 20, 2003 Mitigation and Eisenhower (Expires Fees are 2053) being collected 3 Signature Crown Pointe 264 August 18, Compliance (PGA West) Partners, LLC condo/townhome 2008 Mitigation units at PGA West (Expires Fees are 2058) being collected 4 Village Park VPAH, LLC Animal Hospital February 8, Full Animal located at the NE 2012 Compliance Hospital corner of Avenida (Expires $15,386 paid Montezuma and 2042) to City as Eisenhower Drive credit for 13 parking stalls in fulfillment of project parking requirements 5 SilverRock SilverRock Development of the October 29, Compliance Resort Development SilverRock Resort 2014 Site Company, including luxury (expires Development LLC hotel, lifestyle hotel, October 29, Permits for luxury branded 2044) Planning residential, shored Areas 206 services and recently conference center, approved and mixed -use and village. construction anticipated to commence. The Center Point, Legacy Villas, and Signature developments are within the Tourist Commercial District, with representative land uses that include specialized commercial uses oriented to tourist and resort activity that generate transit occupancy tax revenue. Development Agreements were entered into for these projects for purposes of payment to the City a per unit payment for potential loss of anticipated general fund revenues from transient occupancy tax as a result of the use of these sites for a residential resort development instead of a traditional tourist commercial use, such as a hotel. The Center Point development included partial construction of casitas and sanctuary villas that are subject to payment of one-time and annual mitigation fees to the City. The Center Point development is currently under review by the Finance Department to determine if mitigation fees were collected in compliance with obligations under the development agreement. The Legacy Villas and Signature developments are in compliance with mitigation payment obligations of their respective development agreements. Summaries of each of the Development Agreements are provided as Attachment 2-6. Staff is available to answer questions during the study session. The periodic review of active development agreements will be scheduled for consideration by the City Council after a minimum 30 days advanced notice is provided to project applicants by the Director. Attachments: 1. Map of developments with active development agreements 2. Center Point Development Agreement Summary 3. Legacy Villas Development Agreement Summary 4. Signature Development Agreement Summary 5. Village Animal Hospital Development Agreement Summary 6. SilverRock Resort Development Agreement Summary 2 p e� _ a.. �r .••�, �� .. i� � mays rot, 4.: z " .�. g f M �3 MifP 3S2YRN gy a r i I d �� 8' Ytlt4NlWdltRldi! _ _ - btWF� = ATTACHMENT 2 Centerpoint Development Agreement (DA2003-0006) Project Description: 134 room hotel, 136 condo/casita units, residential development of 54 detached homes, 14 market rate homes, 40 affordable homes, 2 restaurants, medical office, surgical facility, 132 suite retirement community, 72 suite assisted living, and a 32 bed memory care facility. Applicant: Center Point Development LQ, LLC Case No.: Development Agreement 2003-006, Ord 409, 423, 455 and 504 (3 DA amendments approved) Related Case: Specific Plan 2001-055 Effective Dates: July 17, 2003, Expires July 17, 2053 (50 YEARS) Terms: • Developer to construct 134 guest room hotel, 136 condo/casitas units, 13 courtyard cluster villas, 54 unit residential development, 14 market rate homes, 40 affordable homes, two restaurants, medical office/ surgical facility, 26 sanctuary villas. • Development of a Casitas HOA • CASITAS DEVELOPMENT: A resort -style condominium with 136 condominium/casitas units. One-time Mitigation: $1,500 for each unit with payment due upon the first close of escrow. Annual Mitigation: Each July 1 the Casitas HOA shall pay annual mitigation fee of $150 for each unit sold to a purchaser. Fee shall not be required to be paid for any operative year in which the City has received transient occupancy taxes derived from the Suites Hotel parcel casitas parcel, and sanctuary villas parcel which equals or exceeds $546,131 for the applicable operative year. If City received minimal annual TOT ($546,131) in each of three consecutive operative years, the Casitas Development HOA's obligation to pay the annual mitigation fee shall be terminated. • SANCTUARY VILLAS DEVELOPMENT: A development containing 26 sanctuary villas. One-time Mitigation: $2,150 for each unit with payment due upon the first close of escrow. Annual Mitigation: Each July 1 the Casitas HOA shall pay annual mitigation fee of $150 for each unit sold to a purchaser. Fee shall not be required to be paid for any operative year in which the City has received transient occupancy taxes derived from the Suites Hotel parcel casitas parcel, and sanctuary villas parcel which equals or exceeds $546,131 for the applicable operative year. If City received minimal annual TOT ($546,131) in each of three consecutive operative years, the Sanctuary Villas Development HOA's obligation to pay the annual mitigation fee shall be terminated. • Developer develops a neighborhood park. • Contribution towards landscape improvements Status: Under Review to determine compliance with one-time and annual mitigation payments for Casitas and Sanctuary Villas • Casitas and Sanctuary Villas (partially constructed) • Applebee's restaurant (complete) • Homewood Suites by Hilton La Quinta (complete) • The Palms La Quinta retirement community (complete) • Eisenhower Medical Center (complete) • 2nd sit-down restaurant (vacant) • Pioneer Park (complete) To view the CP Development La Quinta LLC Development Agreement please use the following web address: - http://Iaserfiche.la-guinta.org/weblink8/2/doc/20723/Pagel.aspx ATTACHMENT 3 LEGACY VILLAS DA TERMS (DA 2003-007) Project description: 280 unit Residential Resort on 44.61 Acres Applicant: Centex Homes Case No.: Development Agreement 2003-007 Related Case: Specific Plan 2003-065, Site Development Permit 2003-778, Environmental Assessment 2003-478 Effective Dates: Development Agreement is considered effective on December 12, 2003 and expires December 11, 2053 (50 YEARS). Terms: • A one-time mitigation fee of $2,500 per unit constructed in the project due on or before the date the building permit is issued for each unit. • Annual mitigation fee which is collected by the HOA at $1,000 per year per unit that has been sold to an owner. The HOA then forwards to the City of La Quinta. • The Annual mitigation fee is reduced from $1,000 to $500 per year if the City receives TOT from rental units in the project that exceeds $500,000 for three consecutive years during the term of the Development Agreement and can be totally eliminated if the City has received TOT from rental units in the Project in excess of $1,000,000 for any three consecutive operating years during the DA. • Any rentals are subject to TOT. • Rental Tracking System by HOA. Status: Compliance Expected due to City for 2016 is 338 685 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: C I OF L- Quint0. 7e)- q5 Crj 1e �'nPTco. �-& c�aft%) CP q 2 53 A--ttn : 04 y cjery. Th►S A9man urt 13 rereu d fd `+o add U) Nch was orn) ff L DOC " 2004-0009665 01/07/2004 08:00A Fee:NC Page 1 of 76 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder 1111111111111111111111111111111111111111111111111111111 ©ww ®®®® • ,-_ ®® j�MM RMIMMMMMM MMw MMMM=w/= MMMIMMMMMMM exhrbif.c�,�ond-� �eu�.ic�mcrrf- � Title of Document L FDR THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) 11) ACR 238-02 (REV 03/02) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk DOC a 2003-9 7z7az 12/12/2003 08:00A Fee:NC Page i of 58 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder 1111111111111111111111111111111111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. F-Al R I L 11 1 1 COPY I LONG I REFUND NCHG EXAM (Exempt from Recording Fee per Gov't Code § 6j03) M DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA ("CITY") AND CENTEX HOMES A NEVADA GENERAL PARTNERSHIP, DBA CENTEX DESTINATION PROPERTIES ("DEVELOPER") 119/015610-0002 431766.09 a]0/16/03 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the Ceday of p , 2003 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to the execution of this Agreement, the City approved the Villa La Quinta Specific Plan 2003-065 ("Specific Plan") that provides comprehensive planning and development criteria for Villa La Quinta (the "Project"), a resort residential master planned community with 280 resort residential units ("Villas") and associated recreational facilities located on approximately 44.61 acres. The City has also approved Tentative Tract Map No. 31379, Environmental Assessment No. 2003-478, (the "Mitigated Negative Declaration"), and Site Development Permit 2003-778 for the Project. The Specific Plan, Tentative Tract Map, Mitigated Negative Declaration, and Site Development Permit are collectively referred to herein as "Development Plan". D. Developer owns the 44.61 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and which is the subject of the Development Plan. E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless 119/015610-0002 431766.09 a10/16/03 -2- and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On the City Council adopted its Ordinance No. approving this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of , which is the date that Ordinance No. takes effect ("Effective Date"). 119/015610-0002 431766.09 a10/16/03 -3- 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit `B" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in • a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other 119/015610-0002 431766.09 a10/16/03 -4- resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.5; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal . Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2.3 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 119/015610-0002 431766.09 a10/16/03 -5- 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" which include and incorporate the mitigation measures of the Mitigated Negative Declaration so that significant environmental effects will be mitigated or , avoided. The Developer shall also comply with the mitigation monitoring program set forth in Exhibit "C" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit `B may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants, Conditions and Restrictions. 3.2.1 Recordation of Covenants, Conditions and Restrictions and Establish- ment of Villa La Ouinta Homeowners Association. Prior to, and as a condition of, the City's issuance of any building permit for the residential units, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions (the "CCRs") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) establish a homeowner's association for the Project (the "Villa La Quinta HOA"); (ii) provide for the Villa La Quinta HOA's payment of the fees described in Section 3.3.3; and (iii) provide for the Villa La Quinta HOA's operation of a Rental Tracking System, as described in Section 3.3.5. If the City fails to approve, deny or comment with regard to the CCRs within fifteen (15) days of submission by Developer to the City, the-CCRs shall be deemed approved. The City shall not unreasonably deny approval of the CCRs. As to the provisions of the CCRs implementing this Agreement, the City shall be provided adequate enforcement rights. No modification of those portions of the CCRs implementing the provisions of this Agreement shall be permitted unless the City provides its written consent. If the California Department of Real Estate ("DRE") refuses to approve the CCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 3.3 Payments to City by HOA and Developer. 3.3.1 General. During the Term of this Agreement, Developer or the Villa La Quinta HOA, as applicable, shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 119/015610-0002 431766.09 a10/16/03 -6- 3.3.2 Developer's Payments of One -Time Mitigation Fees. Developer shall pay or cause to be paid to the City, for each of the 280 resort residential units in the Project, with such payment due on or before the date the building permit for each such unit, the sum of Two Thousand Five Hundred Dollars ($2,500.00). 3.3.3 Villa La Quinta Annual Mitigation Fee; Termination. During the term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Villa La Quinta HOA shall pay to the City an annual mitigation fee ("Villa La Quinta Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year") (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30). The Villa La Quinta Annual Mitigation Fee shall be the collective sum of One Thousand Dollars ($1,000) for each of the resort residential units ("Villa La Quinta Unit Fee") in the Project that has been sold to a third party purchaser, as evidenced by a recorded deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold. Notwithstanding the paragraph above, if the City has received transient occupancy tax ("TOT") for rentals from Villa La Quinta in excess of Five Hundred Thousand Dollars ($500,000) ("Level 1 TOT Goal") for three consecutive Operative Years during the term of this Agreement, the Villa La Quinta Annual Mitigation Fee for the next Operative Year shall be reduced from One Thousand Dollars ($1,000) per unit in the Project to Five Hundred Dollars ($500) per unit in the Project. If the City has received TOT for rentals from Villa La Quinta in excess of One Million Dollars ($1,000,000) ("Level 2 TOT Goal") for any three consecutive Operative Years during the term of this Agreement, then the Villa La Quinta HOA's obligation to pay the Villa La Quinta Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall be of no further force and effect. All rentals of Villas shall remain subject to the City's TOT requirements. The CCRs for the Project shall provide for the assessment and collection of the Villa La Quinta Annual Mitigation Fee and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Villa La Quinta Annual Mitigation Fee, the CCRs shall provide the City with enforcement rights against both the Villa La Quinta HOA and the owners. The City shall be provided with the same rights of collection as the Villa La Quinta Annual Mitigation Fee that the Villa La Quinta HOA shall have for the collection of other fees and assessments. However, the Villa La Quinta HOA shall have the obligation for collection and payment of the Villa La Quinta Annual Mitigation Fee. In any action by the City to collect the Villa La Quinta Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights. 3.3.4 Consumer Price Index Adjustments. The Villa La Quinta Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each May 1" during the term of this Agreement, by the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside - Orange County average, All Items, 1982-84 = 100, published by the United States Department of 119/015610-0002 431766.09 a10/16/03 -7- Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately prior March Vt to the CPI existing on the March 1' of the previous year. The first such adjustment shall occur on the first May lst following on the earlier of the following two dates: (i) the closing of the first sale of a residential unit; or (ii) the two-year anniversary of the Reference Date. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the Term of this Agreement, a comparable index shall be selected by the parties. 3.3.5 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.3.6 Rental Tracking System. The CCRs shall provide that the Villa La Quinta HOA will establish and operate throughout the term of this Agreement a Rental Tracking system (the "Rental Tracking System") to be administered by the Villa La Quinta HOA or its agents or contractors. The Villa La Quinta HOA shall be required to designate and notify the City of the Rental Tracking System administer. The CCRs shall require each owner (or such owner's agent) within the Project to' report any rental of such owner's unit to the Rental Tracking System administrator if such unit is not rented through the Rental Tracking System. The CCRs shall require that the owners shall be responsible for reporting to the Rental Tracking System administrator the following information for all rentals of all units within the Project: (a) unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment; (d) the rental agent, if any; and (e) the name of the renter. The Rental Tracking System administrator shall use all reasonable diligence to assure that all such information is collected. The Rental Tracking System administrator shall provide monthly written reports summarizing the information collected pursuant to (a) through (d), inclusive, as an aid to the City in assuring that the proper collection of applicable TOT is occurring. The City shall have the right to audit the records of the Rental Tracking System administrator upon two business days written notice to the same. The Developer or Villa La Quinta HOA shall notify the City of the name and contact information of the Rental Tracking System administrator on or before the date that the first certificate of occupancy is issued for any of the residential resorts units. It shall be the obligation of the Villa La Quinta HOA to notify the City of any redesignation of the Rental Tracking System administrator. On an annual basis, the Rental Tracking System administrator shall provide an information brochure to all owners of units describing: (1) the limitation on renting units for more than 30 consecutive days; (2) the obligation to collect TOT on all rentals; (3) the obligation in the CCRs that owners or their agents report all rentals to the Rental Tracking System administrator; and (4) contact information for the Rental Tracking System administrator and the entity or entities rental management 119/015610-0002 431766.09 a10/16/03 -8- opportunities that are known to be available to the owners pursuant to Section 3.3.7. The City Community Development Director shall approve the brochure prior to its distribution. The City's approval of the brochure will not be unreasonably withheld. 3.3.7 Rental Management Program Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for rental periods of up to 30 consecutive days. The contract or contracts may, but are not required to be, with an on -site rental management agent. Developer may assign this obligation to the Villa La Quinta HOA in accordance with the procedures of Section 3.3.8. 3.3.8 Assumption of Obligation by Villa La Ouinta HOA. Upon the recordation of the CCRs and the execution and recordation of an assumption and assignment agreement, the obligations set forth in Section 3.3.3, 3.3.4, 3.3.6 and 3.3.7 shall be the obligation of the Villa La Quinta HOA and the Developer shall no longer be responsible for their implementation. The assumption and assignment agreement shall be in the form set forth in Exhibit "D". 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3,5 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the CCRs implementing this Agreement, or to the City's implementation of its rights under this Agreement; the Developer shall indemnify, hold harmless, pay all eosts and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) 119/015610-0002 431766.09 a10/16/03 -9- above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 Scone of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this 119/015610-0002 431766.09 a10/16/03 -10- Agreement, the City, .through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of Specific Plan Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of condition 14 of the conditions of approval for the Specific Plan approved by the City which relate to Developer's obligation to enter into (i) a development agreement for the payment of TOT and (ii) one or more rental management service contracts with a Resort/Hotel or rental management company for such Resort/Hotel (as such terms are defined in said condition), to maintain such contracts in effect for a period of ten (10) years, and to provide copies of such contracts to the Community Development Department. 5.0 DEFAULT, REMEDIES, DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any 119/015610-0002 431766.09 a10/16/03 -11- portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in _connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION• CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Proiect Site. . This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 119/015610-0002 431766.09 a10/16/03 -12- 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign Site, or any portion thereof (provided that . no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. Any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and 119/015610-0002 431766.09 a10/16/03 -13- (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a residential dwelling unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the residential dwelling unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual units under the CCRs provisions which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer or the Villa La Quinta HOA. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Steve Mudge Centex Real Estate Corporation 2275 Corporate Circle, Suite 230 Henderson, NV 89074 Telephone: (702) 990-0800 Facsimile: (702) 990-0400 119/015610-0002 431766.09 a10/16/03 -14- With a copies to: BEST BEST & KRIEGER LLP Attn: Daniel E. Olivier, Esq. 74-760 Highway 111, Ste. 200 Indian Wells, CA 92210 . Telephone: (760) 568-2611 Facsimile: (760) 340-6698 Edward G. Milgrim 385 Douglas Avenue, Suite 3100 Almonte Springs, FL 32714 Telephone: (407) 661-2103 Facsimile: (407) 661-9041 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Maieure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to 119/015610-0002 431766.09 a10/16/03 ' 15' this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. 119/015610-0002 431766.09 al0/16/03 -16- 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 119/015610-0002 431766.09 a10/16/03 -1 %- 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C ' Mitigation Monitoring Program D Assignment and Assumption Agreement for HOA E Compliance Certificate F General Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 119/015610-0002 431766.09 a10/16/03 -18- 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law; Litigation_ Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] 119/015610-0002 431766.09 a10/16/03 -19- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. Y 4 ATTEST: Ju'c .• eek City Clerl�.: APPROVED AS TO FORM R`JT4N & TLJ M. Katherine Jenson City Attorney "DEVELOPER" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner By: Stephen Mudge, Division President "CITY" CITY OF LA QUINTA, a California municipal corporatio BIrkL—�� y. MART ";,- :. Autiiig c:; Ly 'manager 119/015610-0002 431766.09 a10/16/03 -20- STATE OF CALIFORNIA ) ) ss COUNTY OF ewsi d t. On 11 JI 81b 3 , before me, IP De S CWA y M 6-r C , 0�A ►� P � l�L personally appeared 5 0 personally known to me (or proved to me on t e basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF (2 dL:S�� Notary Public aim s I: "T �rr�- On f YD . 0�0 O-3 before e,—js�P_L4gf,-7e G "e.-75te 4 personally appeared aMf/, 4- -S S personally known to me ( ) to be the person(jr) whose name(o) Wan subscribed to the within instrument and acknowledged to me that he/shb/tjey executed the same in his/her/their authorized capacity(yzs),. and that by his/lW/th*ir signature(,on the instrument the person(pt) or the entity upon behalf of which the person(.&) acted, executed the instrument. Witness my hand and official seal. r'az,� `= REGENIA HENSLEY [SEAL] zCommission # 1v�B wubli ry pc - CardorNa M,►c�.AU9,9.M04 119/015610-0002 431766.09 a10/16/03 —21— GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: P. DESCHUYMERE NAME OF COUNTY: RIVERSIDE DATE COMMISSION EXPIRES: 2-25-06 COMMISSION NUMBER: 1344543 DATE VERIFIED: it t LOCATION VERIFIED: COUNTY: RIVERSIDE STATE: CALIFORNIA GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: Regenia Hensley NAME OF COUNTY: Riverside DATE COMMISSION EXPIRES: 8-19-04 COMMISSION NUMBER: SIGNATURE: DATE VERIFIED: LOCATION VERIFIED: COUNTY: Riverside STATE: California EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 119/015610-0002 431766.09 a10/16/03 -22- EXHIBIT "B" CONDITIONS OF APPROVAL 119/015610-0002 431766.09 a10/16/03 -23- CITY COUNCIL RESOLUTION 2003-090 r--- CONDITIONS OF APPROVAL FINAL SPECIFIC PLAN 2003-065, CENTEX t SEPTEMBER 16, 2003 1. The applicant/property owner agrees to defend, Indemnify, and hold harmless the City of La Quints (the "City'), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this application and any other challenge pertaining to this project. This indemnification shall include any award toward attorney's fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not Involving reductions in required standards beyond those Identified in the Specific Plan, or other revisions necessary due to. changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 3. All plant materials within the perimeter retention basins shall be safe for consumption by the Peninsular bighorn sheep as .required by the Department of Fish and Game. The use of oleander shrubs is not permitted. 4. The developer shall comply with all applicable conditions of Tentative Tract Map 31379, Site Development Permit 2003-778 and Mitigation Measures for EA 2003-478. 5. Final conditions will be addressed when plans we reviewed. A plan check fee must be paid to the Fire Department . at the time construction plans are submitted. For additional assistance, please contact the Fire Department Planning do Engineering staff at (760) 863-8886. MY Camel Reeebfien 2003-00 Coaftwo of Appewhl - NMI $PW% PkA 2003465, C•lOx A*~ sepbndw 19. 2003 Pete 2 • S. Toe of slope grading activities shall be in compliance with the proposed grading plan, unless otherwise approved by the City Engineer during plan check consideration. 7. Prior to issuance of a grading permit or map recordation, the final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct Internal document inconsistencies prior to final publication of Specific Plan document. A minimum of seven copies of the final document shall be submitted to the Community Development Department. S. The City Engineer shall approve the width of private streets and on -street parking areas during plan check review of Tentative Tract Map 31379. 9. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 10. Parking lot light fixtures for the clubhouse facilities shall be fully shielded and may not exceed an overall height of 10'-0" as measured from adjacent paved surfaces. All other open parking and greenbelt areas shall be fit with bollard light fixtures not exceeding 604nches tall and 75 watts. Under -canopy lighting is permitted for carport structures. 11. A permit from the Community Development Department is required for any temporary or permanent signs, subject to the provisions of Chapter 9.160 of the Zoning Code. The permanent identification sign for the project on Eisenhower Drive shall be.limited to a maximum size of 24 square feet (double sized) and not exceed six feet in height. Accessory signs within the development shall not exceed 12 square feet. Accessory signs may be posted on walls, buildings or freestanding poles not exceeding eight feet in overall height. Internally illuminated signs are not allowed except for use within the clubhouse building. 12. The minimum parking ratio for. the project is 2.25 for townhouses, .1.0/bedroom for resort units, and 1.0/300 square feet for clubhouse buildings. The final parking design and number of spaces shall be determined during plan check consideration, subject to final approval by the Community Development Department. Each resort residential unit shall have a designated garage or carport parking space. MY am.MN 0 11 S' w 2003a0 GendOnn.f A/Nowi - Mid sMa1M lion ==4ft C«Mw ff AdopMk srpMnia 14, 2M P"p3 13. Timeshare units shall require review consideration by the Planning Commission under a Conditional Use Permit application. 14. The developer shall . enter into a Development Agreement with the City of La Quints for the. payment of Transient Occupancy Tax ("TOT") for this development. This Agreement must be signed and recorded prior to issuance of any development permits (i.e., infrastructure, grading, building, etc.) being authorized. Centex, on one hand, and a Resort or Hotel within the City of La Quinta (collectively, 'ResortlHoter) or Resort Country Club within the City of La Quints. on the other hand, shall enter into one or more contracts which will allow the purchasers of 'residences within the boundaries of SP 2003-M5 the opportunity to purchase golf dub and/or social memberships. In addition, Centex and the Resort/Hotel, or the rental management company for the Resort/Hotel, shall enter into one or more contracts pursuant to which the purchasers of residential units within the boundaries of SP 2003-W5 shall have the right to make their residential units available to the Resort/Hotel for the purpose of allowing the ResortA-IoteI to rent and manage the same on behalf of such purchasers. Renters under such Resort/Hotel managed -rental program shall have access to the Resort/Hotel facilities and amenities. A copy of the foregoing -executed contracts meeting the requirements of this condition shall be delivered to the Community Development Department before issuance of any building permits for a residential dwelling within the boundaries of SP 2003-Ot35. The foregoing contract or conbwft for rental management services shall remain in effect for a minimum of ten (10) years commencing with the date that the first certificate of occupancy is Issued for a residence within the boundaries of SP 2003-W5. Centex or its suooessor in interest may enter into reptaoement agreements with alternative Resort/Hotels within this ten (10) year period. The CC&Rs for the residential project to be developed within the boundaries of SP 2003-005 (the "Project") shall restrict the rental of residential dwelling units therein to periods of 30 consecutive days or, less. The residential dwelling units within the Project have been designed to facilitate short-term rental. Any material modification of the design or floor plan of a residential unit by the owner of such unit shall be restricted in the CC&Rs for the project. The City, through its community development director, shall have the final authority to approve or not approve the modification. City Couaer Reeduden 2003.90 Can -d- of Appreval — Rod spades Pion 2003465, Ceatac Adepe k September 16. 2003 rage 4 15. The following permitted land use activities shall be eliminated from the Specific Plan booklet: Planning Area I PA II PA III PA 1V Recreation Recreation Itennis dub Ssmi-Publlc (library Recreation (tennis dub (tennis club and and live entertainment) and museums) and health clubs, and live Semi -Public (library live entertainment) entertainment) and museums) Semi -Public (library, Semi -Public Temporary museums and (library and (construction facilities) poola/spas) museums) Office/Health Services Accessory (parking Temporary and Qining, Odnkiog, faculties) (outdoor events and Entertainment Temporary (outdoor along the events) perimeter of the OfficaMeaith Services development) and Didng. Drinkino. 16. Chapter 3.6 (Site Development Permits) of the Specific Plan document shall be amended to only include the last paragraph of Section 3.6.3 which states: 'Procedures for review of Site Development Permits shall be in accordance with the provisions of Chapter 9.210 DEVELOPMENT REVIEW PERMITS of the La auinta Municipal Code.' 17. Large outdoor events for residents and guests shall be confined to the proposed clubhouse facilities. A Temporary Use Permit application is required when events exceed 800 people. Fireworks shows (i.e., ground displays only) are not allowed, unless written permission is obtained from the Fire Marshal, Department of Fish and Game, and City of La Quinta. 1 S. Clubhouse expansion projects greater than 5,000 square feet in size shall be reviewed and approved by the Planning Commission. 19. An eight -foot high masonry wall may be built along the east property line, subject to approval from the property owner of Tract 29436. Project entry gates and wall pilasters may not exceed an overall height of 9'-0'. 20. A minimum five -stall bicycle rack shall be Installed at the clubhouse. 21. No more than 280 residential units shall be built on the 44.6-acre site. 22. Detached casitas or guesthouse units are not permitted within the boundaries of the project. C Condito of Appokod - FAd r spedit "M 20034M Comm Adopw: IMPM A 114. 2= 23. Residential buildings and carports structures within Planning Area 11 shall not exceed 19 feet and 10 feet in overall height, respectively. 24. A temporary off -site sales facility is permitted to be established to the south of the project prior to the issuance of a grading permit, subject to approval of the Minor Use Permit by the Community Development Department. 25. Zoning Code requirements of Section 9.60.320 (Resort Residential) shall be met unless otherwise prescribed by the Specific Plan document. The minimum rear yard setback for Planning Areas I and II shall be five feet. Community pool buildings within Planning Areas I and 11 shall be limited in overall height to 20 feet. 26. No .commercial communication facilities are permitted within Planning Areas I through IV. Residential dwellings shall be limited to a single one meter diameter wall -mounted satellite dish for television and Internet needs. 27. Rental units shall not be less in size than 420 square feet. The minimum house size is 1,300 square feet. 28. Bullet #3 under Section 3.5.11A) shall be deleted and replaced with the following statement: "All substantial architectural changes shall be reviewed and approved by the Architecture and Landscaping Review Committee (ALRC) and Planning Commission." CITY COUNCIL RESOLUTION 2003-091 i CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 31379, CENTEX 211M MBER is, 2003 i . The applicant agrees to defend, indemnify and hold harmless the City of Le Quints ('City'), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim,, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code 9 566410 through 68499.58 (the 'Subdivision Map Act'), and Chapter 13 of the La Quints Municipal Code ('LQMC'). r" The City of La Quints's Municipal Code can be accessed on the City's Web Site at. www.l"uinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department lGrading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunUne Transit Agency The applicant Is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements Include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Reeeiullon No. 2003-091 C' 10, of Approvd - RI Twrtedoo Tract Map 31370, Cwftx Adopted: September 1!, 2003 Popp 2 .4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres .of land, but which is a part of a construction, project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8:70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. The map shall be recorded within two years, unless an extension is granted pursuant to the requirements of Subdivision Ordinance. IM1111I0n /ils. 2002-Ml Cwrllm of AWavd - ftW Taw Trot Wimp 31379, Coon Ad~. s1s. 20W Pap a 6. Prior to issuance of any Pemf$), the ' applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate ' or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the.City Engineer. 8. The public street right-of-way offers for dedication required for this development include: r— A. PUBUC STREETS 1) Eisenhower Drive (Primary Arterial, Option B 100' ROW) — 50- foot from the centerline of the existing raised median. 2) Additional right of way dedication as needed to Implement the realignment of the northwesterly half of the Eisenhower Drive and other Improvements as described in Condition No. 551A). The applicant shall make a good faith effort to acquire said additional right of way dedication from the property owner to the south, KSL Development Corporation, If the applicant is unable to acquire the needed right if way, the applicant shall request the City Council to consider acquiring the right of way via eminent domain at the applicant's expense. 9. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. Private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Resomian No. 2003-091 CwWWan of AWavd - FkW Ta MOVO Twat Yap $1379. Caetex Adopted: s.ptaalaw 111. 2003 Pop 4 1) Entry Drive - 76-foot right of way to accommodate improvements as described in Condition No. 55 (61). Additional right of way dedication as needed for the Entry Drive connection (Lot A) to Eisenhower Drive as shown on the Tentative Tract Map 31379. 2) Private Streets: 36-foot travel width measured gutter flow line to gutter flow line with parking allowed on both sides of the streets. The travel width may be reduced to 32 feet with parking restricted to one side, and 28, feet if on -street parking is prohibited, and provided - there is adequate off-street parking for residents and visitors, and the applicant 'makes provisions for ongoing enforcement of the parking restriction. Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the entry roads similar to the lay out shown on the rough grading plan. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and -other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: r—. 11=4111 os W 20= 0e1 CwWkb s of A/p d - Rod j Tw t *m Taft Mfg 21279, Cwaw t� :f/twvbw 1i. 2M A. Eisenhower Drive (Primary Arterial, Option B) - 20-foot from the R/W-P/L The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes and any additional right of way dedicated from KSL Development Corporation. Where public facilities (e.g., sidewalks) are placard on privately awned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the final Map. 15. The applicant shall offer for dedication those easements necessary for the Placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, parklands, and common areas on the Final Map. 16. Direct vehicular access to Eisenhower Drive from lots with frontage along Eisenhower Drive is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. The applicant shall furnish proof of easements, or written permission, as. appropriate, from those owner: of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 18. The applicant shall grant easement for an access road, identified as Lot F, connecting Tract 29438 to the proposed entry drive prior to recording of Tract 31379. 19. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, the recordation of the tract map is subject to the applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 20.. The applicant shall cause no easement to be granted, or recorded, over any pprtion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. Resolution No. 2003-Ml Cadtlorw of Apptowi - Pad Twntstlno Treat Map 31379, Coot m Adopted: s.ptomber 16, 2003 hp< 6 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster4mage file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 22. Improvement plans shall be prepared by or under the direct supervision of qualifled engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 23. The following improvement plans shall be prepared and submitted for review and approval by ' the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Plan: 1 " = 40' Horizontal, I" - 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1" = 40' Horizontal, 1"- 4' Vertical C. On -Site Rough Grading Plan: 1 " = 40' Horizontal D. On -Site Precise Grading Plan: 1 " = 30' Horizontal " -.a M0. 2003-061 CN ddw d A/p jd - ftW TMKMM Tent Nep 21379. Gents r84plandow 1i. 2003 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans shall show all -existing Improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 'Rough Grading" plans shall normally Include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, dated sheets and/or construction r notes from the City. 25. The applicant shall furnish a complete set of the AutoCAD files of all approved Improvement plans on a storage media acceptable to the City Engineer. The files shall be saved- In a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files In order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted'to an AutoCAD format, the City Engineer will accept raster4mage files of the plans. 26. Prior to approval of any Final Map, the applicant shall construct .ail on and off - site improvements and satisfy its obligations for same; or shall furnish a fully secured and executed Subdivision Improvement Agreement VSIA') guaranteeing the construction of such improvements and the satisfaction of its obligations for r-- same, or shall agree to any combination thereof, as may be required by the City. RewMAon " 2003-091 C, We d Anwid - Rnd Twft1t4e Tact Map 31379. Cwftx Adopbd: sptrebw 16, Z00>I pop 8 27. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quints, for the purpose of guaranteeing- the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 28. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions, which are not a part of the proposed improvements; and shall provide for the setting of the final survey . monumentation. 29. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development In a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 30; The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LaMC. 31. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 32. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. - A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections S.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. i Reedook a H& 2003491 c«*ft�.f#4PMW-F" TWIM" That MW 21370, Gndu { Adepla : 66PUMMr 14, 2003 ro. s All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certifled as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear -on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code f 17953. The applicant shall furnish security, in 'a form acceptable to. the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 33. The applicant shall maintain all open graded, undeveloped land In order to prevent wind and/or water erosion of such land. AN open graded, undeveloped land shall• either be planted with Interim - landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Imo. Plan. 1 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LOIIIIC-Section 9.60.240(F) except 'as otherwise modified by this condition requirement. *The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 If fully planted with ground cover. The maximum slope In the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.50) in the first eighteen inches (16") behind the curb. 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 36. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. r— i37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. tloedodon No. 2003.091 CwWNIO M d App wjW - Find Twit dve Tract Mep 31379. CO OM Adopted: September 16, 2003 Pop 10 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall List the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad' soil. The data shall be organized by lot number, and listed cumulatively If submitted at different times. 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100-year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3-hour, 6-hour or 24-hour event producing the greatest total runoff. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. O698hod e Me. 3003-091 C'6raM 1r AppPeNi - PM - Twm*w TMK My 31M. CAR Adepad: 2@P6$Rdw 1e. =00= ra"11 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03 and Amendment #t1, and side slopes shall not exceed i 3:1 and shall be planted with maintenance free ground cover. 46. Stormwater may not be retained In landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(8)(7), LQlMC. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 49. Storm drainage historically received from adjoining property shall be received and retained* or passed through into the historic downstream drainage relief route. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 LQMC. (Utilities), Resolution No. 2003-091 Co dllom of App evsl - Fb Tentative Treat Map $1379. cages Adopted: Sephmbsr 16. Zoos Pp• 12 51. The applicant shall obtain the approval of the City Engineer. for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For Installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. i 1 44&:li_ u' • 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Eisenhower Drive (Primary Arterial; 100' R/W option): Widen the westerly side of the street to 38-foot half of the ultimate 76-foot street improvement width on the west side as specified in the General Plan and the additional requirements of these conditions. PA@dldl=11& 2003401 Cawstloti of ApRovr , qod Twatud" Toad Mop als". cwtu Adopb& sepbeiw 1e. 2002 Pfts 13 The applicant shall participate in fifty percent (50%) of the cost to design and reconstruct the 12-foot wide landscaped median in a new alignment that is shifted ten and one-half feet.(10.5') away from the southeasterly curb of Eisenhower Drive at Coachella Drive to accommodate south -to -north U-turn traffic and improve sight distance at this intersection. The realignment transition shall be accomplished with a 1,800-foot radius curve coupled with appropriate transitions to be determined during design. Approximately 750' of median adjacent to and south of tract 31378 shall be realigned. The applicant's engineer shall coordinate with the subdivider of Tentative Tract No. 29436 in the design and construction of the Eisenhower Drive realignment specified above. Other required improvements in the Eisenhower Drive right of way and/or adjacent landscape setback area include: r-- a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) Class I Off Street Golf Pathway — Construct 12 foot wide meandering pathway within the 32-foot wide parkway/landeacps set back from Coachella Drive to Avenida Fernando. The design of the pathway shall be as approved by the City Engineer. c) Traffic signal modification of existing traffic signal system at the Eisenhower Drive and Coachella Drive intersection to accommodate the fourth leg. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Hoeshodon No. Boos -oat Cadtiono of Approrr - Rnd Tontm" Trmt Mop 31379, Conox Adopted: septurAw 16, zoos Pogo 14 B. 'PRIVATE STREETS 1) Entry Drive (Lot A) - Construct full improvements within a 56-foot street improvements which shall be divided into one 20-foot traveled way ingress roadway and one 24-foot traveled way egress roadway (one 12-foot left-turn/through fans and one 12- foot right -turn lane) with a 12-foot center landscaped median, and extending at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive intersection to provide adequate throat for a four vehicle queue. 2) Access Road tLot F) - Construct 36-foot wide travel width and approved curb and gutter consistent with street improvements of the access road proposed on Tract 29436. The intersection of Lot F with the Entry Drive (Lot A) shall be located at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive intersection per requirements of - 1► above. 3) Private Residential Streets (Lots B through E) : a) Construct 36-foot wide travel width improvements measured from gutter flow line to gutter, flow line and approved curb and gutter as shown on the tentative map where parking is allowed on both sides of the street. b) Construct 32-foot wide travel width as shown on the tentative map provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. c) Construct 28-foot wide travel width improvements. On - street parking shall be prohibited and the applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions. Entry drives, main interior circulation routes, standard knuckles, comer cutbacks, bus turnouts; dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. fted dW lie. 2 =491 r COWNWA of APpewi - rail !j Toms" That Wp'1379. Cox Adopbd: sop A- 16. A0M Pase is 56. The applicant. shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including constriction traffic). Minimum structural sections shall be as follows: Residential 3.0' a.c./4.5.' c.a.b. Collector 4.0' a.c./5.0' Primary Arterial 4.5" a.c./6.0' or the approved equivalents of alternate materials. 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall Include test results for all specimens used In the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation r test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 58. General access points and turning movements of -traffic are limited to the following: A. Primary Entry (Eisenhower Drive): Full turn movements at existing signalised intersection of Eisenhower Drive and Coachella Drive. 59. Improvements shall include appurtenances such as traffic control, signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 60. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. Pboakidw " 2003-091 c- -d-ao of Appmd - Fk1 Todedw Tract Mop 31379. Cm t x Adoptodt iapt n bw 16, 2003 Pop is R 61. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQIMC. 83. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 65. Landscape areas shall have permanent irrigation Improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. fib. The applicant shall provide public transit improvements as required by Sunline Transit Agency and approved by the City Engineer. r^ PAWGkW a M. 20034M1 Coaddew of Appwi1- Rnd TGFAWM TMW No 31379. Cis Ado10. 200= f oie 17 QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 69. The applicant shall wrongs for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 70. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans, which were approved by the City. Each sheet shad be clearly marked "Record Drawing," "As -Built" or "As -Constructed' and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or rester -image files previously submitted to the City, revised to reflect the as -built conditions. m_ aw 71. The applicant shall comply with the provisions of Section 13.24.180 (Maintenance), LQMC. 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. 73. The applicant shall comply with the provisions of Section 13.24.180 (Fees and r— Deposits), LCiMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. PANWW W No. 20034)91 CwddwM of Appnrrd - Find Twfhdw That Map 31379. Cortex Adopted: 0apta idw 18. 2003 Pps 1s 74. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 75. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination` pursuant to CEC1A Guideline 415075(a) once reviewed by the City Council. 76. The applicant shall comply with the provisions of Section 13.48 (Park Dedications) of the Le auinta Municipal Code prior to final map recordation. FIRE DEPARTMENT 77. For residential areas (i.e. single family homes), approved standard fire hydrants shall be located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 GPM for a two-hour duration at 20 PSI. 78. For any buildings with public access (i.e., recreational halls, clubhouses, etc. or buildings with a commercial use (i.e., gatehouses, condos, apartments, etc.), super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1,500 GPM for a two-hour duration at 20 PSI. 79. Blue dot retro-reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 80. All buildings that are 5,000 square feet or larger shall be fully sprinkled (NFPA 13 Standard), unless otherwise allowed by the Fire Marshal. Sprinkler plans shall be approved by the Fire. Department. 'Area separation walls may not be used to reduce the need for sprinklers. 81. Any street turn, or turnaround, requires a minimum 38-foot turning radius. 82. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 1110446" me' 200iQsi cod even of ApprOW - find T.ftdm TMA ws sus», c4110001 Adopt@* s.P10 h ts, 200$ p"o, is 83. The minimum dimension for sccess roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Roadways may not exceed 1,320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. Any gate providing access from a public roadway to a private entry roadway shall accommodate a minimum two vehicle stacking distance from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system IKNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system j shall remain open until closed by the rapid entry system. 84. The required water system, including fire hydrants, shall be Installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 85. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 86. Building plan check /non-residential, if any) is to run concurrent with the City plan check. 87. All public agency letters received for this case are made part. of the case file documents for plan checking purposes. 88. All mitigation Measures included in Environmental Assessment 2003-478 are r-- hereby included in this approval. A conservation easement shall be placed over the historic milling stations in perpetuity. The City Attorney shall review the conservation easement before being recorded with the County of Riverside. _.. __. _....�.. .... ...... ........ ..�•.••.... .a. •.w. a.. a.ap ■.aa. a.00 ,., 8"Oev esm VaVVa IMaokow 1#& 2003491 Cardd, of Apprwd - fled Twastiva Traot No 31370, Ceemex Adopted; spt@niMr 1s. 2003 Paso 20 89. A permit from the Community Development Department is required for any temporary or permanent tract signs. Unlighted tract )D signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 90. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 91. Prior to submitted the Final Map for plan check consideration, the following corrections and/or information shall be provided: A. Two copies of the draft Covenants, Conditions and Restrictions (CC&R's). The City Attorney shall approve the document prior to approval of the final map by the City Council. The CC&R's shall contain language reflecting the following provisions: "On -street parking of any recreational vehicles (e.g., boats, motor homes, trailers, buses, campers, mobile homes, inoperable vehicles, or other similar vehicles) shall be prohibited at all times within the residential tract. Parking for such vehicles shall be restricted to storage on the property behind a masonry wall of not less than six feet in height, which is equipped with a solid gate that shields the subject vehicle from view from the street. Temporary parking in designated areas is permitted for a maximum of 24 hours as RV's are prepared for use or storage." Bighorn sheep mitigation measures addressed in EA 2003-478 shall also be enclosed in the CC&R's. B. Street Lot "A" shall be designated Coachella Drive and Street- Lot "F" shall be designated Full Moon Bay as required by Chapter 3 (Program 2.14) of the General Plan. C. A minimum of three street names shall be submitted for each private street shown on the Map exhibit. A list of the names in ranking order shall be submitted to the Community Development Department for approval during final map processing. CITY COUNCIL RESOLUTION 2003-092 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2003-778, CENTER SEP I BER 16, 2003 1. The applicant/property owner agrees to defend, Indemnify, and hold harmless the City of Le Quints (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this application and any other challenge pertaining to this . project. This indemnification shall include any award toward attorney's fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Minor amendments to the development plans shall be subject to approval by the Community Development Director. 3. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department, pursuant to Chapter 8.13 of the Municipal Code. Specific landscape requirements for the project are: A. To encourage water conservation, no more than 60% of the front yard areas shall be devoted to turf. Front and rear yard landscaping shall consist of two trees (i.e., a minimum 1.6 inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade true if the trunk is a minimum six feet tall. Double lodge poles (two -Inch diameter) shall be used to stake trees. Bubblers and emitters shall be used to irrigate shrubs and trees. Homsbuyers shall be offered an option to have no turf emus in their front yard through the use of desertscape materials. B. Parkway shade trees shall be delivered to the site in 244nches or larger boxes with minimum two-inch calipers for Lots A, J, H and I of TTM 31379. Trees shall be a minimum height of ten feet once installed. C. All plant materials within the perimeter retention basins shall be approved by the Department of Fish and Game to insure the safety and welfare of the Peninsular bighorn sheep. D. The developer, and subsequent property owner(s), shall continuously maintain all required front yard and parkway landscaping in a healthy and viable condition as required by Section 9.60.240(E3) of the Zoning Code. Rssdwdm Ho. 20034*2 WWWRMK 'emit 2003-778, Can= Adqp'bdage22 90tumbe 10. 2002 E. Due to maintenance and leaf litter problems, the following trees shell not be used for this project: Bottle (Brachychiton populneus), Evergreen Ash (Fraxinus Uhdai 'Majestic Beauty'), Elm (Ulmus parvifolia), Olive (Olen europaea) and Crape Myrtle (Lagerstroemia indica). Fruitless olive trees can be used within the development. 4. Walls within 150 feet of Eisenhower Drive shall be clad in stucco and capped in brick or concrete. Pilasters shall be included at intervals of not less than 80' on center. S. A centralized mailbox delivery system shall be used for the 'project pursuant to any requirements of the U.S. Postal Service, unless individual mailboxes are allowed. LIC SAFETY 6. Install wide -angled peepholes into front doors. 7. Graffiti resistant paint should be applied to parkway walls. S. Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines, and under vulnerable windows. Additional public safety Information may be obtained by contacting Senior Deputy Andy Gerrard at (760) 863-8950. FiRE DEPARTMENT 9. Final conditions will be addressed when plans are reviewed. A plan check fee must be paid to the Fire Department at the time construction plans are submitted. For additional assistance, please contact the Fire Department Planning & Engineering staff at (760) 863-8886. MISCE i ANEO g 10. The developer shall comply with all applicable conditions of Specific Plan 2003-065, Tentative Tract Map 31379 and mitigation measures of EA 2003- 478. S:%City CbrMCond cc SM78C*nNxFkW 9.1"3.doo EXHIBIT "C" MITIGATION MONITORING PROGRAM 119/015610-0002 431766.09 a10/16/03 -24- r- i 0 v ww �W 0 w O .r • pM 8 oxd o_ des w ,moo, = a e^ g � v ee . N C 0 � �Qytp�N e�+1 S $ •• C �W a AV e Q �Q a� gel 1 A X& 2 ly x 9 o � 9 HS � Jr ti7 O O O 5 .5 a a� s Q r � .ii •w2 %raw _3 •� 3 c �j •_ H 0 3� rein y .Q. y q V iG•L� G�7 U al L. O .Q C 1� 1� 'v, {iu r, H H E Q N E C� sn .� .o rn U •v U •v U a A. v� L'3 WWI._ 40- 4.. 4r O O Z4r O O y: 4: O O yC u ux °E y E .9 E .2 G IL $ ;E €1a1 C a w C AN 6 D a rz Y D Y O V� UW U O ob r u u u ab 3 c 79 a• C Cso Y ON L �b Y .y (�j Q CO C6A. c. Z i-+ F- 93 a o U y .9 0 s� oC V z 0 •e H y a H y a a o ,S fy � C o0 C C LC1 M/ W .r C 16 u a u 6 eo pq C O � w C � v � m Qc� q0 V V Y y w it a U� a�G EXHIBIT "D" ASSIGNMENT AND ASSUMPTION AGREEMENT FOR HOA 119/015610-0002 431766.09 a10/16/03 -25- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY i LONG I REFUND I NCHG I EXAM (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AID ASSUMPTION AGREEMENT (the "Assignment') is made and entered into as of t/ , by and between CENTEX HOMES, a Nevada general partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer" or "Assignor") and [THE VILLA QUINTA HOMEOWNERS' ASSOCIATION, a 1 (the "HOA" or "Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 44.61 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Assignor intends to develop the Site with a resort residential master planned community with 280 resort residential units and associated recreational .facilities (collectively, the "Project). C. Assignor, as "Developer," and the City of La Quinta, a California municipal co ation ("City"), have entered into that certain Development Agreement dated 2003 (the "Development Agreement'), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) 119/015610-0002 431766.09 a10/16/03 -26- establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan., all as more particularly described in the Development Agreement. D. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. E. In accordance with Section 3.2.1 of the Development Agreement, Developer has caused the HOA to be established and has recorded certain covenants, conditions and restrictions (the "CC&R") which, among other things, (i) provide for the HOA's payment of the fees described in Sections 3.3.3 and 3.3.4 of the Development Agreement, (ii) provides for the HOA's operation of a Rental Tracking System, as described in Section 3.3.6 of the Development Agreement, and (iii) provide for the rental management opportunities to owners of units, as described in Section 3.3.7 of the Development Agreement. F. This Assignment is being entered into pursuant to Section 3.3.8 of the Development Agreement, which provides that, by causing the establishment of the HOA and providing for the HOA to be responsible for the matters described in Recital E above, Assignor may assign certain of its rights and obligations under the Development Agreement to the HOA. Accordingly, in accordance with Section 3.3.8 and Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to Sections 3.3.3, 3.3.4, 3.3.6, and 3.3.71 of the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of . which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. Assignor hereby assigns, conveys, transfers, delivers and delegates to Assignee all of Assignor's right, title, interest, and obligation with respect to Sections' 3.3.3, 3.3.4, 3.3.6, and 3.3.71 of the Development Agreement (collectively, the "Assumed Obligations"). 2. Assumption of Obligations. Assignee hereby accepts the foregoing assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising from the Assumed Obligations on or after the date of this Assignment. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in and to the Assumed Obligations, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed 1 Note — If Developer wishes to retain the obligations of Section 3.3.7 of the Development Agreement, the reference to that Section shall be deleted, and Developer shall remain obligated to fulfill the obligations of that Section. 119/015610-0002 431766.09 a10/16/03 -27- in connection with the Assumed Obligations from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Developer" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A NevadaCorporation, Managing Partner By: 1// Stephen Mudge, Division President "Assignee" [THE VILLA QUINT OMEOWNERS' ASSOCIATION, a By: Its: 119/015610-0002 431766.09 a10/16103 -28- STATE OF CALIFORNIA ) ) ss COUNTY OF On . before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 431766.09 a10/16/03 -29- STATE OF CALIFORNIA ) ss COUNTY OF On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be. the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 431766.09 a10/16/03 -30- EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 119/015610-0002 431766.09 a10/16/03 -3 1 - EXHIBIT "E" COMPLIANCE- CERTIFICATE 119/015610-0002 431766.09 a10/16/03 -32- COMPLIANCE CERTIFICATE (CENTEX DEVELOPMENT AGREEMENT) The undersigned, as the general partner of CENTEX HOMES, a Nevada general partnership dba CENTEX DESTINATION PROPERTIES, ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated - , 2003, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the CCRs required by Section 3.2.1 of the Development Agreement have been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement for the building permits requested to be issued have been paid; (3) all payments required pursuant to Section 3.3.3 of the Development Agreement as of the date have been paid; (4) the Rental Tracking System as required pursuant to Section 3.3.6 of the Development Agreement has been established, and to the extent that rentals have occurred, it operating in accordance with the requirements of such section; (5) the rental management program as required by Section 3.3.7 of the Development Agreement is in place, as is evidenced by the fully executed contract or contracts attached hereto as Schedule 1; and (6) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 2, which schedule identifies all applicable Conditions. of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner 0 Stephen Mudge, Division President 119/015610-0002 431766.09 a10/16/03 -33- SCHEDULEI RENTAL MANAGEMENT PROGRAM CONTRACT(S) [DEVELOPER SHALL ATTACH COPIES OF THE FULLY EXECUTED CONTRACT IT HAS PROCURED IN ORDER TO SATISFY SECTION 3.3.7 OF THE DEVELOPMENT AGREEMENT (SPECIFIC PLAN CONDITION NO. 14).] 119/015610-0002 431766.09 a10/16/03 -34- SCHEDULE 2 CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] 119/015610-0002 431766.09 a10/16/03 -35- EXHIBIT "F" GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT 119/015610-0002 431766.09 a10/16/03 -36- RECORDING. REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between CENTEX HOMES, a Nevada general partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 44.61 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2003 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) 119/015610-0002 431766.09 a10/16/03 -37- establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan., all as more particularly described in the Development Agreement. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]2 E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. ` This bracketed language and the bracket language below would be applicable to partial conveyances by Developer, in which case the Developer shall remain obligated under the Development Agreement as to the portions of the Site retained by Developer. 119/015610-0002 431766.09 a10/16/03 -38- 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] 119/015610-0002 431766.09 a10/16/03 -39- IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner By: .11� Stephen Mudge, Division President STATE OF CALIFORNIA ) ) ss COUNTY OF "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 431766.09 a10/16/03 -40- STATE OF CALIFORNIA ) ss COUNTY OF ) ✓"' On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 t 431766.09 a10/16/03 -41- EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No..2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 119/015610-0002 431766.09 a10/16/03 -42- Recording Requested by: When Recorded Return to: BEST BEST & KRIEGER LLP Attn: Daniel E. Olivier 74-760 Highway 111, Suite 200 Indian Wells, CA 92210 DOC a 2004-0926731 11/19/2004 Conformed Copy Has not been compared with original Gary L Orso Assessor, County of Recorder DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS me" LEGACY VILLAS AT LA QUINTA HOMEOWNERS ASSOCIATION RMBUS\DE0\229781.13 11/18/04 TABLE OF CONTENTS Page RECITALS.............................................................................................................................I ARTICLE I DEFINITIONS Section 1. Annual Mitigation Fee.................:.................................................................2 Section 2. Architectural Committee.........................................................A.....................2 Section 3. Architectural Guidelines................................................................................2 Section4. Articles..........................................................................................................2 Section5. Assessments...................................................................................................2 Section6. Association.................................................................................................... 3 Section 7. Association Common Area...........................................................................3 Section 8. Association Rules.......................................................................................... 3 Section 9. Association's Common Area Maintenance Manual ...................................... 3 Section 10. Board of Directors......................................................................................... 3 Section 11. Building Common Area.................................................................................3 Section12. Bylaws.............................................:..................................:.......................... 4 Section13. City................................................................................................................ 4 Section 14. Clubhouse...................:....................................... ........................................... 4 Section 15. Common Area...................................:...........................................................4 Section 16. Common Expenses........................................................................................ 4 Section 17. Common Interest Development.....................................................................5 Section18. Condominium................................................................................................ 5 Section 19. Condominium Building.................................................................................5 Section 20. Condominium Plan ................................. :...................................................... 6 Section21. County..........................................................................................................-. 6 Section 22. Covered Pro........................................................................6 Section 23. Declarant/Grantor ........................:..........................................:...................... 6 Section 24. Declarant's Consent Period........................................................................... 6 Section 25. Declaration ................. .............. 6 ...................................................................... Section 26. Designated Exclusive Use Common Area Walls or Floors .......................... 6 Section 27. Development Agreement................................................................ Section 28. Entry Improvements...................................................................................... 7 RMBUSME0\229781.13 11/18/04 TABLE OF CONTENTS (continued) Page Section 29. Exclusive Use Common Area....................................................................... 7 Section 30. Governing Documents................................................................................... 8 Section 31. Homeowner Maintenance Manual................................................................ 8 Section32. HVAC.........................................................................................q...................8 Section33. Improvements................................................................................................8 Section 34. Institutional Holder..........................................................................................9 Section35. Lock -Off Unit................................................................................................ 9 Section 36. Operations Manual.............:...........................................................................9 Section 37. Maintenance Obligations................................................................................9 Section38. Managing Agent............................................................................................ 9 Section39. Member.........................................................................................................9 Section40. Module.........................................................................................................10 Section41. Mortgage....................................................................._...............................10 Section 42. Notice and Hearing......................................................................................10 Section43. Operator...........................................................................................:............10 Section44. Owner...........................................................................................................10 Section 45. Section 46. Section 47. Section 48. Section 49. Section 50. Section 51. Section 52. Section 53. Section 54. Section 55. Section 56. Phase.............................................................................................................10 PrivateDrives...............................................................................................10 Project..... :.................................................................................................... 10 PublicReport ...............................................................................................10 Recreational Amenities...............................................................................10 ManagementServices Desk........................................................................ I Rental Program Facilities............................................................................ I ResortRental Program................................................................................11 Separate Interest...........................................................................................11 Supplemental Declaration..........:................................................................11 Transient Occupancy Tax or TOT.. .............. Unit..............................................................................................................12 RU BUN)E0\2.29781.13 11/18/04 TABLE OF CONTENTS (continued) Page ARTICLE II CREATION OF CONDOM1NIUMS.................................................................13 Section 1. Designation of Condominiums ................................................. 13 Section 2. Interest in Common Area............................................................................13 Section 3. Conveyance of Association Common Area to Association ........................13 Section 4. Project Overview.........................................................................................14 ARTICLE III RIGHTS OF ENJOYMENT .............................................................................15 Section 1. Members' Right of Enjoyment.................................................................... 15 Section2.. Delegation of Use........................................................................................16 . Section3: Waiver of Use..............................................................................................16 ARTICLE IV USE RESTRICTIONS......................................................................................17 Section1. Residential Use............................................................................................17 Section2. Commercial Use..........................................................................................17 Section3. Interior of Units...........................................................................................17 Section 4. Hard Surface Floors.............................................................. ....................... 17 Section 5. No Obstruction of Common Area................................................:..............17 Section6. Signs.............:...............................................................................................18 Section 7. Animals ........................ .........18 Section 8. Structural Alterations....................................................................................19 Section9. Utilities........................................................................................................19 Section10. Trash.....................................:......................................................................19 Section11. Vehicles..............................................................:........................................ 19 Section 12. Rules of Association....................................................................................19 Section 13. Conduct in Units and Common Area..........................................................19 Section14. Rental Units................................................................................................. 20 Section15. Antennas.......................................................................................................21 _ Section 16. Window Covers........................................................................................... 21 Section 17. View Obstructions.......................................................................................21 Section 18. Water Beds and Limitations On Size of Aquariums...................................21 . Section 19. Toxic or Noxious Matter.............................................................................21 R1N0US\DF0\229781.13 11/18/04 TABLE OF CONTENTS (continued) Page Section 20. No Outside Drying and Laundering............................................................22 Section 21. Garages/Parking/.Golf Carts........................................................................ 22 ARTICLE V ' MEMBERSHIP AND VOTING RIGHTS........................................................23 Section1. Membership.................................................................................................23 Section2. Transfer.......................................................................................................23 Section 3. Three Classes of Membership..................................................:..................23 Section4. Required Vote..............................................................................................24 Section 5. Special Class A Voting Rights....................................................................25 Section 6. Vesting of Voting Rights.......................:.....................................................25 Section7. Title 7 Decisions ..................................... ..................................................... 25 ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS.................................26 Section 1. Covenant to Pay Assessments.....................................................................26 Section 2. Purpose of Assessments..............................................................................26 Section 3. Regular Assessments...............................................................:................... 26 Section 4. Special Assessments.................................................................................... 26 Section 5. Increases in Regular and Special Assessments...........................................27 Section 6. Reimbursement Assessments......................................................................28 Section 7. Annual Mitigation Fee Assessments........................................................... 28 Section 8. Clubhouse Assessments..............................................................................28 Section 9. Allocation of Assessments to Units.............................................................29 Section 10. Date of Commencement of Regular Assessments: Due Dates...................29 Section 11. Certificate of Payment ....................................... .......................................... 29 Section12. No Offsets......................................................................................................29 Section13. Reserves.......................................................................................................29 Section 14. 'Pledge of Assessment Rights.......................................................................30 Section 15. Effect of Nonpayment of Assessments; Remedies of the Association ....... 30 Section 16. Subordination to Certain Trust Deeds......................................................... 33 Section 17. Operating Expense Contribution.....................................................:........... 3 3 RMBUS\DE0=9781.13 11/18/04 TABLE OF CONTENTS (continued) Page ARTICLE VII MANAGEMENT OF THE ASSOCIATION AND THE PROJECT ...............34 Section 1. General Powers of the Association............................................................. 34 Section 2. Contracts of the Association.........................................................................35 Section 3. Additional Powers of Association...............................................................35 Section 4. Maintenance of Condominium Buildings and Common Area by the Association.................................................................................................. 36 Section 5: Repair and Maintenance of the Units and Exclusive Use Common . ..................................................................................... Areas by Owners ..... 37 Section 6. Additional Restrictions on Power of the Board...........................................38 Section 7. Limitation on Board Authority to Contract ..................................... :............ 38 Section 8. Maintenance of Public Utilities...................................................................39 Section9. Rights of Entry............................................................................................39 Section 10. Association Rules........................................................................................39 Section 11. Duty to Report .................... Section 12. Reservation for Periodic Inspections, Repairs and Maintenance ................40 Section13. Security.........................................................................................................41 ARTICLEVIII INSURANCE .......................................... :......................................................... 42 Section 1. Duty to Obtain Insurance; Types ........................... Section 2. Waiver of Claims Against Association.......................................................43 Section 3. Individual Insurance.................................................................................... 43 Section 4. Notice of Expiration Requirements .................................. 43 ........................... Section 5. Insurance Premiums....................................................................................43 Section 6. Trustee for Policies......................................................................................43. Section 7. Actions as Trustee.......................................................................................44 Section 8. Annual Insurance Review................................................................:..........44 Section 9. Required Waiver; ......................................................................................... 44 ARTICLE IX DESTRUCTION OF IMPROVEMENTS.........................................................46 Section 1. Restoration Defined.................................:...................................................46 Section2. Insured Casualty.......................................................................................... 46 Section 3. Restoration Proceeds...................................................................................46 Section 4. Restoration Contract....................................................................................48 RMBUS�DE0\229781.13 11/18/04 TABLE OF CONTENTS (continued) Page Section 5. Insurance Trustee.........................................................................................48 Section 6. Authority To Effect Changes................:....................................................49 Section 7. Minor Repair, Reconstruction and Restoration...........................................49 Section 8. Damage Or Destruction To A Unit.............................................................. 50 ARTICLEX PROPERTY TAXES......................................................................................... 51 ARTICLE XI PROHIBITION AGAINST PARTITION OR SEVERANCE OF UNIT FROM INTEREST IN COMMON AREA .......................................52 ARTICLE XII ARCHITECTURAL CONTROL......................................................................53 Section L. Architectural Approval ................................................................................53 Section 2. Architectural Committee............................................................................. 53 Section 3. Submission, Approval and Conformity of Plans ......................................... 54 Section4: Appeal ......................................................:.................................................. 55 Section 5. General Provisions......................................................................................55 Section 6. Nonapplicability to Declarant..................................................................... 56 Section 7. Reconstruction of Condominiums .................................... ........................... 56 Section8. No Liability.........................:....................................................................... 56 ARTICLE XIII RIGHTS OF INSTITUTIONAL HOLDERS OF MORTGAGES .................... 57 Section 1. Notices of Actions....................................................................................... 57 Section 2. Rights of Institutional Holders Upon Foreclosure......................................57 Section 3. Consent of Eligible Holders ...................................................... :.................. 57 Section 4. Amendments to Documents........................................................................58 Section 5. Additional Rights of Institutional Holders ................................................... 59 Section 6. Information.................................................................................................. 59 Section 7. Priority of Mortgage Lien .............................. Section 8. Priority on Distribution of Proceeds............................................................ 60 Section 9. Special FNMA-FHLMC Provisions............................................................60 Section10. Consent .............................................. :......................................................... 60 ARTICLE XIV ENFORCEMENT OF BONDED OBLIGATIONS ........................................... 61 RMBMDE0\229781.13 11/18/04 ARTICLE XV Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. TABLE OF CONTENTS (continued) Page E14-1NENT DOMAIN...................:.................................................................... 62 Definitionof Taking.................................................................................... 62 Representation by Association in Condemnation Proceeding .................... 62 Award for Condominiums........................................................................... 62 InverseCondemnation............:....................................................................62 Awards for Owners' Personal Property and Relocation Allowances.......... 62 Noticeto Members...................................................................................... 63 ARTICLE XVI OWNERSHIP AND EASEMENTS.................................................................64 Section 1. Ownership of Condominium....................................................................... 64 Section 2. No Separate Conveyance.............................................................................64 Section 3. Delegation of Use........................................................................................ 64 Section4. Partition....................................................................................................... 64 Section5. Easements.................................................................................................... 65 Section 6. Declaration Subject to Easements............................................................... 65 Section7. Utilities........................................................................................................ 65 Section8. Encroachment..............................................................................................66 Section 9. Common Area Easements........................................................................... 66 Section 10. Exclusive Use Easements............................................................................. 67 Section 11. Interim Easements to Owners...........................................:..........................67 Section 12. Association Easement..................................................................................67 - Section 13. Construction and Sales Easements....................:...........................:............. 67 Section 14. Easements for Resort Rental Program Services .......................................... 68 Section15. Entry Gates.................................................................................................. 68 Section 16. Section -17. Section 18. ARTICLE XVII Section 1. Section 2. Section 3. RNO DE0=9781.13 11/18/04 InspectionEasements........................................................................:......... 68 Establishment of Easements and/or Rights .................................................. 69 No Easement for Light, Air and View ........................................................ 69 INTEGRATED NATURE OF THE COVERED PROPERTY ........................ 70 Development of the Project ................................................. :........................ 70 Annexation Without Approval and Pursuant to Plan .................................. 70 Annexation Pursuant to Approval............................................................... 71 TABLE OF CONTENTS (continued) Page Section 4. Supplemental Declarations ......................... Section 5. Mergers or Consolidations........................................:................................. 71 Section 6. Right of De-Annexation.............................................................................. 71 ARTICLE XVIII ENFORCEMENT..........................................................................................:.. 72 Section 1. Enforcement and Nonwaiver....................................................................... 72 Section 2. Notice of Actions Against Declarant........................................................... 72 ARTICLE XIX GENERAL PROVISIONS................................................................................ 73 Section 1. Severability of Covenants........................................................................... 73 Section2. Term............................................................................................................ 73 Section3. Construction................................................................................................ 73 Section4. Amendments................................................................................................73 Section5. Dissolution .................. :................................................................................ 74 Section 6. Nonliability of Officials...................:.......................................................... 74 Section 7. Information to Owners and Disclosure to Prospective. Purchasers ............. 75 Section 8. Violation of Declaration..............................................................................76 Section 9. Statutory References; Fixed Amounts.........................................................76 Section 10. Common Plan Declaration................................:......................................... 76 Section 11. Limitation of Restrictions on Declarant...................................................... 77 Section 12. Declarant's Obligation to Deliver Documents to Association .................... 77 Section 13. Declarant's Reservation of Use Rights ....................................................... 77 Section 14. Common Area Inspections.......................................................................... 78 ARTICLEXX CLUBHOUSE................................................................................................... 79 Section 1. Clubhouse Ownership and Easement....................:...................................... 79 Section 2. Clubhouse Management............................................................................... 79 Section 3. Contribution to Cost of Operation............................................................... 79 Section 4. Management Services Desk........................................................................ 80 Section5. Amendment................................................................................................. 80 ARTICLE XXI RESORT RENTAL PROGRAM...................................................................... 81 Section 1. Acknowledgement.......................................................................................81 Section 2. Easements for Resort Rental Program Services .......................................... 81 RMBUSUDBOM9781.13 11/18/04 TABLE OF CONTENTS (continued) Page Section 3. No Competing On -Site Rental Programs ..................................................... 81 Section 4. Operator .................... Section5. Amendment.................................................................................................. 82 ARTICLE XXII CITY REQUIREMENTS................................................................................... 83 Section1. City Requirements....................................................................................... 83 Section 2. Development Agreement............ Section 3. One -Time Mitigation Fee.............................................................................83 Section 4. Annual Mitigation Fee................................................................................. 83 Section 5. Transient Occupancy Tax ......................................................... ................... 84 Section 6. Rental Tracking System.............................................................................. 84 Section 7. Rental Management Program...................................................................... 84 Section 8. Architectural Changes Require City Approval ........................................... 85 Section 9. Enforcement by the City of La Quinta........................................................ 85 Section 10. Written Consent of the City Required to Modify Certain Provisions ......... 86 Section 11. Written Consent of the City Required to Terminate this Declaration ......... 86 Section 12. Common Area Lighting ........................................................ :....................... 86 Section13. Signs...........:.............................................................................................:.. 86 Section14. Parkin......................................................................................86 Section 15. Protection of Bighorn Sheep....................................................................... 87 Section 16. Large Outdoor Events.................................................................................87 Section 17. Communication Facilities/Satellite Dish ..................................................... 87 Section.l8. Landscape Maintenance.............................................................................. 87 Section 19. Centralized Mail Delivery System............................................................... 87 Section 20. Clubhouse Expansion..................................................................................87 Section21. Bike Racks................................................................................................... 87 Section 22. City Access Easement ............ 87 Section23. ADA Units................................................................................................... 00 EXHIBIT "A" LEGAL DESCRIPTION OF THE INITIAL COVERED PROPERTY... "A" - 1 EXHIBIT `B-l" LEGAL DESCRIPTION OF THE PROPERTY SUBJECT TO ANNEXATION...................................................................................... `B-1 " - 1 RMBUSTEOM9781.13 11/18/04 TABLE OF CONTENTS (continued) Page EXHIBIT `S-2" LEGAL DESCRIPTION OF ADDITIONAL PROPERTY SUBJECT TOANNEXATION......................................................................... ...... EXHIBIT "C-l" CLUBHOUSE EASEMENT..............................................................:... C-1 EXHIBIT `.`C-2 ENTRY IMPROVEMENTS EASEMENT ............................................ C-2 1 EXHIBIT"C-3" LOT "B„ EASEMENT........................................................................... "C-3" - 1 EXHIBIT "D" DESCRIPTION AND DEPICTION OF MANAGEMENT SERVICES DESK......................................................................................................... «D„ _ 1 RM 3US\DE0\229781.13 11/18/04 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEGACY VILLAS AT LA QUINTA HOMEOWNERS ASSOCIATION THIS DECLARATION is made this l29 day of �0► ewri200g by CENTEX HOMES, a Nevada general partnership,. dba Centex Destination Properties. CENTEX HOMES, a Nevada general partnership, dba Centex Destination Properties, its successors and assigns, shall hereinafter be referred to as "Declarant." The capitalized terms used in this Declaration shall include those terms defined in Article I below or otherwise defined in this Declaration. RECITALS A. Declarant is the owner of certain real property described in Exhibit "A" attached hereto, which shall be the initial Covered Property under this Declaration. B. Declarant is also the owner of additional real propertylmore particularly described in Exhibit `S-l" attached hereto, which may be subsequently annexed to and become a part of the Covered Property according to the procedures hereinafter described. - C. Declarant intends to develop on the Covered Property a common interest development consisting of a "condominium project" as defined in Section 1351(f) of the California Civil Code. These covenants, conditions and restrictions are imposed upon the Covered Property in order to provide for its management and, to enhance and protect the value, desirability and attractiveness of the Covered Property. D. In furtherance of these objectives, Legacy Villas at La. Quinta Homeowners Association, a California nonprofit mutual benefit corporation, has been incorporated and will manage the Project, maintain and administer Ahe Common Areas, administer and enforce the Governing Documents of the Association, and perform such other acts as may benefit the Project. NOW, THEREFORE, Declarant covenants and agrees that the Covered Property, the Project and -all of the Condominiums, including any improvements added or constructed on or about the Project in the future, shall be held, conveyed, assigned, hypothecated, encumbered, leased, used, occupied and improved subject to the following limitations, restrictions, covenants and conditions, for the purpose of creating the condominium project and mutually benefiting the Covered Property, the Project and all of the Condominiums, and the future Owners thereof. All of the covenants, conditions and restrictions set forth herein shall run with the land,' shall be enforceable as equitable servitudes, and shall be binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in the Covered Property, the Project or any of the Condominiums. RMBUS\DE01229781.13 11/18/04 ARTICLE I DEFINITIONS The following terms used in this Declaration are defined as follows: Section. L Annual Mitigation Fee. The term "Annual Mitigation Fee" shall mean a charge against each Owner and his or her Condominium representing an annual fee, currently $1,000.00 per year, to be collected by the Association and paid to the City in accordance with Section 4, Article =I of this Declaration entitled "CITY REQUIREMENTS." Section 2. Architectural Committee. The term "Architectural Committee" or "Committee" shall mean and refer to the Architectural Committee created pursuant to Article XII of this Declaration entitled "ARCHITECTURAL CONTROL." Section 3. Architectural Guidelines. The term "Architectural Guidelines" means the design criteria as may be adopted under the provisions of Article XII of this Declaration entitled "ARCHITECTURAL CONTROL". Section 4. Articles. The term "Articles" shall mean and refer to the Articles of Incorporation of the Association, which are or shall be filed in the Office of the Secretary of State of California, as amended from time to time. Section 5. Assessments. The following definitions shall apply to the assessments described below: (a) Regular Assessment shall mean the amount which is to be paid by each Owner to the Association for Common Expenses as provided by the terms of this Declaration. (b) Special Assessment shall mean a charge against each Owner and his or her Condominium, representing a portion of the cost to the Association for installation or construction of any capital improvements on any of the .Common Area and other purposes which the Association may from time to time authorize pursuant to the provisions of this Declaration. (c) Reimbursement Assessment shall mean, a charge against a particular Owner and his or her Condominium for the purpose of reimbursing the Association for costs incurred in bringing the Owner and his or her Condominium into compliance with the provisions -of the Governing Documents, or any other charge designated as a Reimbursement Assessment in this Declaration or the Association Rules, together with attorney's fees and other charges payable by such Owner, pursuant to the provisions of this Declaration. (d) Reconstruction Assessment shall- mean a charge against each Owner and his or her Condominium representing a portion of the cost to the Association for reconstruction of any portion of the Common Area pursuant to the provisions of this Declaration. 2 RMBUMEOM9781.13 11/18/04 (e) Annual Mitigation Fee Assessment shall mean an amount collected by the Association from each Owner for the Annual Mitigation Fee which shall be deposited in a separate account and paid to the City in accordance with Section 4 of Article =I of this Declaration. (f) Clubhouse Assessment shall mean an amount, if any, collected by the Association from each Owner: for a- portion of the costs incurred by the Association pursuant to contracts approved by the California Department of Real Estate relating to -the operation, maintenance, management, replacement and repair of the Clubhouse prior to its conveyance to the- Association, as ' described in Section 3 of Article XX of this Declaration entitled "CLUBHOUSE." Section. 6. Association. The term "Association" shall mean and refer to LEGACY VILLAS AT LA QUINTA HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation, its successors and assigns. Section 7. Association Common Area. The term "Association Common Area" means all real property owned, from time -to -time, in fee or by easement, by the Association, which shall consist of all real property within the Project and certain off -site easement areas, excepting the Units and the Building Common Area. Section 8. Association Rules. The term "Association Rules" shall mean and refer to the rules and/or regulations adopted by the Board from time -to -time. Section 9. Association's Common Area Maintenance Manual. The term "Association's Common Area Maintenance Manual" refers to the manual which may be prepared by Declarant or its consultants and provided to the Association, specifying obligations for maintenance of the Common Area, as updated and amended from time to time. Section 10. Board of Directors. The term "Board of Directors" or "Board" shall mean and refer to the duly elected Board of Directors of the Association. Section 11. Building_ Common Area. The term `Building Common Area" shall mean and refer to that portion of each Phase of the Project within the outside perimeter walls of each Condominium Building within such Phase, as such Condominium Building is. described on the Condominium Plan for such Phase, including, without limitation, stairs, stairwells, patios, balconies and other improvements or fixtures affixed to a Condominium Building, and excluding individual Units within such Condominium Building and the airspace surrounding such Condominium Building. Each Owner shall have, as appurtenant to the Owner's Condominium, an undivided fractional interest in all of the Building Common Area in the Condominium Building in which such Owner's Unit is located, as a tenant in common with all other Owners of Units in that Condominium Building. Such undivided fractional interest -cannot be separated from the Condominium_ to which it is appurtenant, and any conveyance or transfer of the Condominium includes the undivided fractional interest in the Building Common Area to which it is appurtenant. The Building Common Area includes the bearing walls located within a Unit and all structural' properties within a Unit which may be required for support of the Condominium Building within which the Unit is located, except for the finished surfaces thereof. 3 RMBUS\DE0\229781.13 11/18/04 Any utility facilities serving more than one- Unit which are located in a plenum area (which is the Building Common Area between the ceilings of the Units and the floor of the Units above) inside of perimeter Building Common Area walls or dropped ceilings or otherwise in an area designated as Building Common Area are part of Building Common. Area, as shown on the Condominium Plan. Section 12. Bylaws. The term "Bylaws" shall mean the Bylaws of the Association, as amended from time to time. Section 13. Cam. The -term "City" shall mean and refer to the City of La Quinta, California, a municipal corporation of the State of California. Section 14. Clubhouse. The term "Clubhouse" shall mean that certain real property described as Lot 1 of Tract No. 31379, as shown on the recorded subdivision map for the Project, and all Improvements located thereon. Upon conveyance of the Clubhouse by Declarant to the Association, the Clubhouse will become part of the Association Common Area. It is anticipated that the Clubhouse will be conveyed to the Association in the last Phase of the Project. The Owners in all Phases of the Project will have an easement in and to the Clubhouse until such conveyance of the Clubhouse is recorded in the Official Records of the County. Such easement shall be in substantially the same form as that attached hereto as Exhibit "C-1 ". Notwithstanding the foregoing, use and control of a portion of the Clubhouse for operation of the Resort Rental Program shall be reserved to Declarant, its successors, assigns and third party contractors, as more particularly described in Article = of this Declaration entitled "RESORT RENTAL PROGRAM." Section 15. Common Area. The term "Common Area" shall mean all portions of the Project except the Units, and shall include all Recreational Amenities as well as all other land, structures and facilities within the Covered Property, all as specifically defined and described in the recorded Condominium Plan for the Project. The Owners will own a fractional undivided interest in common in a portion of the Common Area (Building Common Area), and the Association will own other portions of the Common- Area (Association Common Area), as more particularly described herein. Certain portions of the Common Area may also be designated as Exclusive Use Common Area, as defined herein. Section 16. Common Expenses. The term "Common Expenses" shall mean and refer to the actual and estimated costs of - (a) maintenance, management, operation, repair and, where applicable, replacement of the Common Area, and all other areas and Improvements within the Covered Property which are maintained by .the Association; (b) due but unpaid Regular, Special, Reconstruction, Reimbursement, Annual Mitigation Fee and Clubhouse Assessments; (c) maintenance by the Association of areas within the public right-of- way of public streets in the vicinity of the Covered Property as provided in this Declaration or pursuant to agreements with the City or other governmental authority having jurisdiction; n RMBUSU E0\229781.13 11/18/04 (d) costs of management and administration of the Association, including, but not limited to, compensation paid by .the Association to managers; accountants, attorneys and employees; (e) the costs of utilities, cable television, trash pickup and disposal, gardening and other services benefiting Owners, their Condominiums and/or the Common Area, to the extent such services are paid for by the Association and not separately and individually billed directly to Owners; (f) the costs of fire, casualty, liability, workers' compensation and other insurance covering the Common Area, the Project and the Association; (g) the costs of any other insurance obtained by the Association; (h) reasonable reserves* as deemed appropriate by the Board; (i) the- costs of bonding of the members of the Board, any professional Managing Agent or any other person handling the funds of the Association; 0) any taxes paid by the Association; (k) amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Area or portions thereof; (1) costs incurred by the Architectural Committee or other committees of the Association; and (m) such other costs or expenses incurred by the Association in connection with the Common Area, the Governing Documents, or in furtherance of the purposes of the Association or in the discharge of any obligations imposed on the Association by this Declaration or other Governing Documents. Section 1.7. Common Interest Development. The term "Common Interest Development" shall mean and refer to a condominium project as defined in California Civil Code Section -135 l(f). A condominium project is a development consisting of Condominiums as described below. Section 18. Condominium. The term "Condominium" shall mean and refer to an estate in the Covered Property, defined as a "Condominium" pursuant to California Civil Code Section 1351(f), and consisting of a separate fee interest in a Unit coupled with an undivided fractional interest as tenant in common in all or a portion of the Building Common Area, all as described and defined in this Declaration, the recorded Condominium Plan for the Project, and the deed conveying a Condominium to an Owner. Section 19. Condominium Building. The term "Condominium Building" shall mean and refer to a separate building containing one or more Units. Each Condominium Building shall be separately identified on the Condominium Plan for each Phase of the Project. 5 RMBUME0\229781.13 11/18/04 Section 20. Condominium Plan. The term "Condominium Plan" shall mean each, condominium plan and, collectively, all condominium plans, and any amendments thereto, recorded by Declarant for the Project and all Phases thereof in accordance with California Civil Code Section 1351. In interpreting conveyances, declarations and plans, the existing physical boundaries of a Unit constructed, or reconstructed, in substantial accordance with the Condominium Plan, shall be conclusively presumed to be its boundaries rather than the description expressed in any such conveyance, declaration or plan, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries as shown on the Condominium Plan or in the conveyance or this Declaration and those of the building as constructed. Section 21. Coup The term "County" shall mean and refer to Riverside County, California. Section 22. Covered Property. The term "Covered Property" shall mean and refer to all of the real property, whether owned in fee or by easement, described in Exhibit "A" attached hereto and, subsequent to annexation, any real property, whether owned in fee or by easement, described in Exhibit `B-1" attached hereto, which becomes subject to this Declaration. Section 23. Declarant/Grantor. and refer to CENTEX HOMES, a Nevada Properties, its successors and assigns. The terms "Declarant" or "Grantor" shall mean general partnership, dba Centex Destination Section 24. Declarant's Consent Period. The term "Declarant's Consent Period" shall mean and refer to the period of time commencing upon the conveyance of the first Unit under a Public Report and ending ten (10) years after the conveyance of the first Unit in the last Phase of the Project. Section 25. Declaration. The term "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Legacy Villas at La Quinta Homeowners Association, as amended and supplemented from time to time. Section 26. Designated Exclusive Use Common Area Walls or Floors. The term "Designated Exclusive Use Common Area Walls or Floors" refers to those portions of the Building Common Area consisting of walls and floors and internal equipment located within such walls or floors such as, but without limitation, plumbing, ventilation facilities and electrical wires, which are located between two (2) adjacent Units (either horizontally or vertically) in a Condominium Building, which walls, floors and internal equipment serve only the adjacent Units, and which shall be automatically allocated as Exclusive Use Common Area appurtenant to the adjacent Units for the exclusive use of any Owner who acquires fee title to two (2) or more adjacent Units separated by such wall or floor, subject to compliance with the requirements of this Declaration. Any. such Designated Exclusive Use Common Area Walls or Floors shall be in effect only during the time such Owner owns the adjacent Units separated by such wall or floor. Section 27. Development Agreement. The term "Development Agreement" shall mean that certain Development Agreement entered into- by the City and Declarant dated November 20, 2003 and recorded on December 12, 2003 as Instrument No. 2003-972732, in the 6 RMBUS1DE01229781.13 11/18/04 Official. Records of Riverside County, California, and re -recorded on January 7, 2004 as Instrument No. 2004-0009685 in said Official Records, as the same may be amended from time to time. Section 28. Enty Improvements. The term "Entry Improvements" shall mean and refer to the improvements, including streets, curbs, gutters, sidewalks, landscaping, gatehouse and entry gates, located within (i) Lots A, F, J, H and I of Tract No. 31379 as shown on the recorded ,Subdivision Map for the Project, and (ii) the easement for access described in that certain Grant of Easement and Consent recorded on October 30, 2003 as Instrument No. 858763, Official Records of Riverside County, California. Upon conveyance of the Entry Improvements by Declarant to the Association, the Entry Improvements will become part of the Association Common Area. It is anticipated that the Entry Improvements will be conveyed to the Association in the last Phase of the Project. The Owners in all Phases of the Project will have an easement in and to the Entry Improvements until such conveyance of the Entry Improvements is recorded in the Official Records of the County. Such easement shall be in substantially the same form as that attached hereto as Exhibit "C-2". Section 29. Exclusive Use Common Area. The term "Exclusive Use Common Area" shall mean and refer to those portions of the Common Area which are designated by this Declaration and/or the Condominium Plan for any Phase of the Project for the exclusive use of one (1) or more, but fewer than all, of the Owners within such Phase and which is or will be appurtenant to the Separate Interest(s) pursuant to California Civil Code Section 1351 (i). Each such grant of use of . the Exclusive Use Common Area shall be a right appurtenant to the respective Unit(s) for the exclusive uses and purposes as set forth herein and/or in the Condominium Plan for such Phase of the Project and may not be conveyed or transferred apart from the Unit(s). If there are minor variances between physical boundaries of the Exclusive Use Common Area and boundaries shown on a deed or Condominium Plan, it shall be conclusively presumed that the physical boundaries are the correct boundaries. The Exclusive Use Common Areas shown and described on the Condominium Plan may consist, without limitation, of the following: Exclusive Use Entry; Exclusive Use Balcony; Exclusive Use Patio; and Exclusive Use Parking Space or Garage, defined as follows: (i) Exclusive Use Entry. The term "Exclusive Use Entry" refers to those portions of the Common Area, if any, designated as "Exclusive Use Entry" on a Condominium Plan for any Phase of the Project. (ii) Exclusive Use Balcony. The term "Exclusive Use Balcony" refers to those portions of the Common Area, if any, designated as "Exclusive Use Balcony" on a Condominium Plan for any Phase of the Project. (iii) Exclusive Use Patio. The term "Exclusive Use Patio" refers to those portions of the Common Area, if any, designated as "Exclusive Use Patio" on a Condominium Plan for any Phase of the Project. (iv) . Exclusive Use Parking Space or Garage. The term "Exclusive Use Parking Space" or "Exclusive Use Garage" refers to those portions of the 7 RMBUSDE0\229781.13 11/18/04 Common Area, if any, designated as "Exclusive Use Parking -Space" or "Exclusive Use Garage" on a Condominium Plan for any Phase of the Project. In addition to the Exclusive Use Common Areas described above and in the Condominium Plan for any Phase of the Project, the following are Exclusive Use Common Areas allocated exclusively to the Separate Interests to which they pertain: (a) Any shutters, awnings, window boxes, doorsteps, stoops, porches, entry ways, balconies, patios, exterior doors, door frames, and hardware incident thereto, screens and windows or other fixtures designed to serve a single Unit, but located outside the boundaries of the Unit, are Exclusive Use Common Areas allocated exclusively to that Unit; (b) - Internal and external telephone wiring designed to serve a single Unit, but located outside the boundaries of the Unit, are Exclusive Use Common Areas allocated exclusively to that Unit; (c) HVAC systems designed to serve a single Unit, but located outside the boundaries of the Unit, the surfaces where such systems are located, and the wiring and plumbing for such HVAC systems, are Exclusive Use Common Areas allocated exclusively to such Unit; and (d) If applicable, and effective only so long as adjacent Units are owned by a single Owner, the Designated Exclusive Use Common Area Walls or Floors, as defined in this Declaration, are Exclusive Use Common Areas allocated exclusively to the adjacent Units. Except as expressly provided in this Declaration or any Supplemental Declaration, or the Condominium Plan for any Phase of the Project, no other portion of the Project is Exclusive Use Common Area. Section 30. Governing Documents. The term "Governing Documents" shall mean and refer to this Declaration and any Supplemental Declarations, the Articles, the Bylaws, the Association Rules and any other operating rules of the Association, and any other documents or amendments to documents which govern the operation of the Project or the Association. Section 31. Homeowner Maintenance Manual. The term "Homeowner Maintenance Manual" refers to the manual which may be prepared by Declarant or its agents and provided to the Owners, specifying obligations for maintenance of the Units, as updated and amended from time to time. Section 32. HVAC. The term "HVAC" shall mean and refer to a heating, ventilation and air conditioning unit and appurtenant wiring and plumbing. Section 33. Improvements. The term "Improvements" shall include buildings, outbuildings, Private Drives, paths, walkways, sidewalks, gates, driveways, parking areas (including garages, carports and uncovered parking spaces), fences, walls, screening walls, retaining walls, stairs, balconies, decks, patios, patio covers, skylights, hedges, windbreaks, 0 RNBUS\DE0\229781.13 11/18/04 plantings, trees and shrubs, landscape medians, pools, spas, fountains, utility facilities, poles, signs (including street name signs, traffic control signs, markings and other devices), drainage facilities and retention basins, and all other structures, installations and landscaping improvements of every type and kind installed, constructed, reconstructed, erected, altered or modified within the Project. The term "Improvements" shall also specifically include any alteration, modification or addition to a Unit or to any Exclusive Use Common Area appurtenant to a Unit, including, without limitation, room partitions, structural alterations, additions or alterations to a Unit which cause penetration(s) which puncture through the drywall, ceilings or surface flooring of a Unit (excepting any puncture of drywall necessary for hanging pictures and mirrors within a Unit, which puncture is not termed as an Improvement for purposes of this Declaration), installation of hard surface flooring, or any installation or alteration which might impact or affect in any manner Common Area or other Units. Section 34. Institutional Holder. The term "Institutional Holder" shall mean and refer to any beneficiary of a deed of trust or mortgagee of a mortgage which encumbers a Condominium and which is a bank or savings and loan association or established mortgage company or other entity chartered under federal or state laws, an insurance company, or any federal or state agency. Section 35. Lock -Off Unit. The term "Lock -Off Unit" shall mean those certain Units in the Project which have been constructed to provide that a portion of the Unit may be locked off from the balance of the Unit and used as a separate dwelling or rental unit. Section 36. Operations Manual. The term "Operations Manual" refers to the manual which may be prepared by Declarant or its consultants and provided to the Association, specifying operational standards and requirements to be followed by the Association in its operation and care of the Common Area, landscaping and other Improvements in the Project, as updated and amended from time to time. Section 37. Maintenance Obligations. The term "Maintenance Obligations" refers to the Association's obligations and each Owner's obligations to perform (i) all reasonable maintenance consistent with the terms of the Operations Manual, the Association's Common Area Maintenance Manual, and the Homeowner Maintenance Manual, respectively, and any maintenance obligations and schedules in any warranty offered by Declarant or any manufacturer, and any maintenance obligations and schedules otherwise provided to ' either the Association or the Owners by Declarant or any manufacturer; and (ii) any commonly accepted maintenance practices to prolong the life of the materials and construction of the Common Area and/or the Units, as applicable, as updated and amended from time to time. Section 3 8. Managing Agent. The term "Managing Agent" shall mean and refer to a person or entity, who for compensation, or in expectation of compensation, exercises control over the assets of the Association. However, a "Managing Agent" does not include a full-time employee of the Association or a regulated financial institution operating within the normal course of its regulated business practice. Section 39. Member. The term. "Member" shall mean and refer to each person entitled to membership in the Association as provided in the Governing Documents. 6 RMBUSXDE0\229781.13 11/18/04 Section 40. Module. The term "Module" shall mean and refer to each Module, if any, designated on the Condominium Plan for any Phase of the Project. Each Module is a three-dimensional portion of a parcel or lot in any Phase of the Project created pursuant to California . Government Code Section 66427. The lower and upper boundaries of each Module shall be set forth in the Condominium Plan for each Phase of the Project that contains a Module. The lateral boundaries of each Module are vertical planes which shall be set forth in the Condominium Plan for .each Phase of the Project that contains a Module. A Module includes all land and Improvements (whether now or hereafter constructed) within its boundaries. Condominium Plans may, but are not required to, designate Modules for any Phase of the Project. Section 41. Mortgage. The term "Mortgage" shall mean and refer to any duly recorded and valid mortgage or deed of trust encumbering a Condominium. Section 42. Notice and Hearing. The term "Notice and Hearing" shall mean and refer to the procedure which gives an Owner notice of an alleged violation of the Governing Documents and the opportunity for a hearing before the Board or a Committee appointed by the Board. Section 43. Operator. The term "Operator" shall mean and refer to the operator and manager of the ResortRental Program, as described in Article = of this Declaration entitled "RESORT RENTAL PROGRAM." Section 44. Owner. The term "Owner" shall mean and refer to one or more persons or entities holding fee title or an equitable ownership interest in any Condominium, including purchasers under installment land sale contracts, but excluding those having such interest merely as security for the performance of an obligation. Section 45. Phase. The term "Phase" shall mean and refer to one or more lots, parcels and/or Modules within the Project improved with Condominiums and for which a separate Public Report has been issued by the California Department of Real Estate. Section 46. Private Drives. The term "Private Drives" shall mean and refer to the private access drives providing access to and through the Project, including the gate facilities located at the entrance(s) to the Project, which provide access to the Units from the adjacent public street(s). Section 47. Project. The term "Project" shall mean and refer to all of the Covered Property together with all of the Condominiums, the Common Area and all Improve- ments located upon the Covered Property. Section 48. Public Report. The term "Public Report" shall mean and refer to a Final Subdivision Public Report issued by the California Department of Real Estate pursuant to the California Subdivided Lands Law. Section 49. Recreational Amenities. The term "Recreational Amenities" shall mean and refer to those components of the Association Common Area designed for recreational 10 RMBUSDE0\229781.13 11/18/04 purposes. The Recreational Amenities in the " Project may include, without. limitation, the following: (a) Swimming pools located throughout the Project, including one or more pools which is/are part of the Clubhouse; (b) The Recreational Amenities located at the Clubhouse, including, but not limited to, a grill or restaurant, fitness facilities, meeting areas, spas, .and related Improvements; and (c) Walking trails. Section 50. Management Services Desk. The term "Management Services Desk" shall mean and refer to the management services desk and ancillary facilities located in the Clubhouse as described and depicted in attached Exhibit "D." Section 51. Rental Program Facilities. The term "Rental Program Facilities" shall mean and refer to those facilities in the Project reasonably required for conducting the .Resort Rental Program, as designated by Declarant, which facilities may include, without limitation, the Management Services Desk, bathroom facilities, linen and equipment closets and storage areas located in various areas of the Project, and cable/data line(s) and appurtenant improvements running between the Management Services Desk, Units in the Project, and the La Quinta Resort & ClubTM located to the southeast of the Project. Section 52. Resort Rental Program. The term "Resort Rental Program" shall mean and refer to the rental program described in Article XXI of this Declaration. Section 53. Separate Interest. The term "Separate Interest" shall mean and refer to an individual Unit. The estate in a Separate Interest may be a fee, a life estate, an estate for years, or any combination thereof. Section 54. Supplemental Declaration. The term "Supplemental Declaration" shall mean and refer to those declarations of covenants, conditions and restrictions, or similar instruments, annexing additional property, extending the plan of this Declaration to such additional property as provided in Article XVH of this Declaration entitled "INTEGRATED NATURE OF THE COVERED PROPERTY." A Supplemental Declaration may also (i) impose additional covenants, conditions and restrictions on such additional property, (ii) supplement any of the ".provisions of the Governing Documents regarding the obligations of the Association, or (iii) make corrections to any of the provisions of the Governing Documents or the Condominium Plan. Section 55. Transient Occupancy Tax -or TOT. The term "Transient Occupancy Tax" or "TOT" shall mean and refer to the transient occupancy tax imposed by the City or other governmental agency with jurisdiction in connection with short-term rentals of Units. 11 RMBUME0\229781.13 11/18/04 Section 56. Unit. The term "Unit" shall mean and refer to those elements of a Condominium excluding rights in the Common Areas, as more particularly described in the recorded Condominium Plan applicable to the Unit. A Unit is a "Separate Interest" as defined in Section 1351(l)(2) of the California Civil Code. A Unit consists of a separate interest in space as described in the Condominium Plan, the physical boundaries of which consist of the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows and doors of such Unit. In this regard, a Unit consists of all those separate interests in space. shown and identified on the Condominium Plan which describes . the Unit as being part of such Unit, and may ' include, without limitation, the following: (a) "Garage Air Space" consisting of that portion of a Unit designated for use as a garage and identified as such on the Condominium Plan, and (b) "Residential Air Space" consisting of that portion of the Unit designated for use as a residence and identified on the Condominium Plan by a Unit number. ' Each Unit includes all Improvements situated within its boundaries, including, but not limited to, interior walls (except interior bearing walls), appliances, cabinets, interior doors, the fire box of any fireplace located in the Unit, and electrical, heating, plumbing and other utility fixtures. The following are not part of any Unit: bearing walls, columns, floors, ceilings, roofs and foundations; as well as central HVAC and other central services, pipes, ducts, flues, chutes, conduits; wires and other utility installations, wherever located outside of the Unit, except the openings, outlets or other portions thereof when located in the Unit. Any utility fixtures or systems that -are located partially within a Unit and partially in the Common Area, such as telephone wiring, electrical outlets and HVAC systems, and that exclusively serve such Unit, are Exclusive Use Common Area appurtenant to such Unit. Areas of a Condominium Building (such as within a dropped ceiling) that contain utilities or systems that serve two (2) or more Units are Building Common Area and not part of the Unit. In interpreting deeds and the Condominium Plan for a Phase, the then existing physical boundaries of a Unit, whether in its original state or reconstructed in substantial conformance with the original Condominium Plan therefor, shall be conclusively presumed to be its boundaries, rather than the metes and bounds (or other description) expressed in the deed or Condominium Plan, regardless of settling or lateral movement and regardless of minor variances between boundaries shown on the Condominium Plan or deed and the actual boundaries of the Unit. Some Units in the Project are described as "Lock -Off Units," which can be used as a single dwelling, but a portion of which may be locked off from the balance of the Unit and used as a separate dwelling or rental unit. Each Unit shall have appurtenant to it non- exclusive rights for ingress, egress and support through the Common Area subject to the rights of each Owner and any Exclusive Use Common Area appurtenant to that Owner's Unit. 12 RMBUME0\229781.13 11/18/04 ARTICLE II CREATION OF CONDOMINIUMS Section 1: Designation of Condominiums. Declarant, in order to establish a plan of condominium ownership for the Project, hereby divides the first Phase of the Project into the following: . (a) Thirty-six (3 6) designated and legally described Units, which are shown, defined and described on the recorded Condominium Plan for Phase 1 of the Project; (b) The Association Common Area consisting of the remainder of the Project in Phase 1; excepting the "Units" and the `Building Common Area" as shown on the Condominium Plan for Phase 1; and (c) The Building Common Area as shown on the Condominium Plan for Phase 1. Section 2. Interest in Common Area. Acquisition of title to,a Condominium shall also include the right to use and enjoy the Associatiori Common Areas and the Recreational Amenities thereon (subject to restrictions as may be set forth herein or in the Association Rules), including non-exclusive rights of ingress, egress and support, if necessary, through the Association Common Areas. Each conveyance of a Condominium, whether voluntary or involuntary, shall also convey an undivided fractional interest as tenant in common in the Building Common Area of the Condominium Building in which the associated Unit is located. In addition, Owners of certain Condominiums may receive the exclusive right of use and occupancy of a portion of the Common Area designated as Exclusive Use Common Area. Any conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an individual interest in the Common Area by an Owner is void unless the Unit to which that interest is allocated is also transferred therewith. Each conveyance of a Unit shall include the rights described in this Declaration and in the Condominium Plan which describes such Unit, even though the conveyance document may omit reference to the interest in the Common Area. Section 3. Conveyance of Association Common Area to Association. Prior to or concurrent with the first conveyance of a Unit within a Phase to an Owner, Declarant shall convey, in fee or easement, any Association Common Area associated with that Phase to the Association. Neither Declarant nor any related party shall retain an ownership interest in .or have any other easements in, or rights to, any of the facilities or Common Area in the Project, except (a) the rights and/or easements of Declarant and/or the rights of any manager of the Clubhouse under contract with Declarant or the Association, as described in Article XX of this Declaration entitled "CLUBHOUSE",(b) the rights and/or easements of Declarant and/or the rights of the Operator of the Resort Rental Program, -as described in Article XXI of this Declaration entitled "RESORT RENTAL PROGRAM", and (c) any other rights or easements of Declarant expressly set forth in this Declaration or in any of the Governing Documents. Any and all amenities and facilities which are part of the Association Common Area, including, without limitation, parking and Recreational Amenities, shall be owned by the Association, in fee or by easement, and shall 13 RMBUSIDEO\229781.13 11/18/04 not be subject to a lease between the Association and any other party, .except as otherwise set forth herein. Section 4. Project Overview. Declarant intends to develop the Project in seventeen (17) Phases, with thirty-six (36) Units planned in the first Phase as set forth in attached Exhibit "A," and two hundred and forty-four (244) Units planned in the subsequent Phases, for a total of two hundred and eighty (280) Units in the fully developed Project. The development of the Project will be consistent with any overall development plan submitted to and approved by the California Department of Real Estate, and, if applicable, the United States Department of Veterans Affairs ("VA") and/or the Federal Housing Administration ("FHA"). There is no guarantee that all Phases will be completed or that the sequence of the phasing will occur as planned. Declarant reserves the right to change the number of Units and/or the product size, type or design of the Units'in subsequent Phases, subject to the approval of the California Department of Real Estate, if required. 14 R.NBUME0=9781.13 11/18/04 ARTICLE III RIGHTS OF ENJOYMENT Section 1. Members' Right of Enjoyment. Every Member of the Association shall have a nonexclusive easement and right of use and enjoyment of the Association Common Area (except in the Exclusive Use Common Area appurtenant to Units owned by other Members), including the right of ingress, egress, and support (if necessary) in, to, and throughout the Association ' Common Area, which shall be appurtenant to and pass with title to each Condominium, subject to all of the easements, covenants, conditions, restrictions and other provisions contained in this Declaration, including, without limitation, the following: (a) The right of the Association to reasonably limit the number of invitees of an Owner or a renter using the Recreational Amenities situated within the Association Common Area. Any such limitations or restrictions shall be uniform, shall not discriminate between Owners and renters, and shall be set forth in the Association Rules; (b) The right of the Association to establish uniform rules and regulations pertaining to the use of the Association Common Area and the Recreational Amenities; (c) The right of the Association to levy a reasonable charge for the use of any Recreational Amenities located on the Association Common Area; (d) The right of the Association to rent the Clubhouse or a portion thereof to a third party for particular events; (e) The right of the Association, upon the vote or written assent of two-thirds'(2/3) of the voting power of each class of -Members, to borrow money for the purpose of improving the Association Common Area and any Improvements thereon (subject to the, written consent of Declarant during the Declarant's Consent Period and further subject to the rights of Institutional Holders described in Article XIII entitled "RIGHTS OF INSTITUTIONAL HOLDERS") and to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security, for money borrowed or debts incurred; (f) Subject to the rights of Institutional Holders described, in Article XIII and further subject to the written consent of the Declarant during the Declarant's Consent Period, the right of the Association to dedicate, release, alienate, transfer or assign an interest in the Association Common Area to any public agency, authority, utility or other person for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication, release, alienation, transfer or assignment shall be effective unless an instrument is signed by Members entitled to cast at least a majority of each class of the voting power of the Association agreeing to such dedication, release, alienation or transfer has been recorded; (g) The rights and reservations of Declarant as set forth in this Declaration, including, without limitation, the right of Declarant, its sales agents, representatives and prospective purchasers, to the nonexclusive use of the Association Common Area; without 15 RMBUSOEO\229781.13 11/18/04 cost, for access, ingress, egress, use and enjoyment, in order to market and sell Condominiums, until the close of escrow for the sale of all of the Condominiums in the Project; provided, however, that such use shall not unreasonably interfere with the rights of enjoyment of the other Owners, and further provided that such right of use will expire pursuant to the time limitation specified in Section 14 of Article XVI below entitled "OWNERSHIP AND EASEMENTS"; (h) The right of the Association to suspend the rights and easements of use and enjoyment of the Association Common Area (excepting any portion of the Association Common Area required to be used for access to the Member's Unit), of any Member, and the persons deriving such rights and easements from any Member, for any period during which the payment of any Assessment against such Member and his or her Condominium remains delinquent; and, after Notice and Hearing with an opportunity to be heard (satisfying the minimum requirements of Section 7341 of the California Corporations Code), to impose monetary penalties, to temporarily suspend an Owner's rights (and those claiming under the Owner) as a Member of the Association, or other appropriate discipline as determined by the Board, for any violation of the Governing Documents, it being understood that any suspension for either nonpayment of any Assessment or violation of the Governing Documents shall not constitute a waiver or discharge of the Member's obligation to pay Assessments or comply with the Governing Documents; (i) The right of the Association (subject to the written consent of Declarant during the Declarant's Consent Period), acting through the Board, to grant concessions for grills, snack bars and other commercial activities relating to the use and enjoyment of the Association Common Area by the Members, provided that any such contract shall be subject to the restrictions on contracts described elsewhere in this Declaration and in the Bylaws; (j) The right of the Declarant to enter into management or operation agreements, licenses, easements, leases or other agreements relating to the management, operation and use of portions of the Common Area, including, without limitation, agreements for management, operation and use of the Clubhouse and Resort Rental Program, and subject to the operation of the Clubhouse and Resort Rental Program under any such agreements, as described in Articles XX and XXI of this Declaration or as approved by the California Department of Real Estate, and (k) The right of the Association to assign, license 'or otherwise designate and control parking within the parking areas of the Project and to promulgate rules and regulations to control parking in a manner consistent with this Declaration. Section 2. Delegation of Use. Any Member may delegate such Member's right to the use and enjoyment of the Common Area to the members of his or her family, or the occupants or renters who reside in his or her Condominium, subject to the Association Rules. Section 3. Waiver of Use. No Member may exempt himself or herself from personal liability for assessments duly levied by the Association, or release his or her Condominium from the liens, charges and other provisions of the Governing Documents, by waiver of the use and enjoyment of the Association Common Area or the abandonment of such Member's Unit. 16 RMBUSME0\229781.13 11/18/04 ARTICLE IV USE RESTRICTIONS In addition to all other covenants contained herein, the use of the Project, including, without limitation, each Unit and the Common Area, is subject to the following: Section 1. Residential Use. Units shall be used for residential purposes only; provided, however, that (i) , a Unit may be used incidentally for a home based ' office for professional and administrative occupations without external evidence thereof, so long as such use is in conformance with local governmental ordinances, causes no associated pedestrian or vehicular traffic, and is merely incidental to the use of the Unit as a single-family residence; (ii) a Unit may be rented as described in this Declaration; and (iii) subject to the time limitation described in Article XVI, Section 13 of this Declaration, Unit(s) may be used by Declarant for such temporary uses as shall be permitted by Declarant while the Project is being developed and Units are being sold. Section 2. Commercial Use. Except as otherwise provided in this Declaration, including, without limitation, Section 1 above, Section 14 of Article XVI, Article XX and Article XXI of this Declaration, no part of the Project shall be used or caused, allowed, or authorized to be used, in any way, directly or indirectly, for business, commercial, manufacturing, mercantile, storing, vending, or other such non-residential purposes; provided, however, that the Association shall have the right to provide or authorize such services on the Association Common Area as it deems appropriate for the enjoyment of the Association Common Area for the benefit of the Members. Section 3. Interior of Units. Subject to any other covenants, conditions and restrictions related to the interior of Units contained in this Declaration, each Owner shall have the exclusive right and shall be required to paint, repaint, wax, paper or otherwise refinish and decorate the inner surface of the walls, ceilings, floors, windows and doors bounding his or her own Unit and otherwise maintain the Unit in a neat, clean, orderly, safe, sanitary and attractive condition. - Section 4. Hard Surface Floors. Except for those hard surface floors installed by Declarant, no Owner shall install any hard surface flooring (including, without limitation, tile or hardwood floors) or replace any flooring (other than existing hard surfaces) with any hard surface flooring in a Unit or Exclusive Use Balcony and/or Exclusive Use Patio unless the prior written approval of the Architectural Committee has been obtained. As a condition to approving the installation or replacement of hard surface. flooring, the Owner shall submit to the Architectural Committee a construction drawing and related specifications clearly indicating the type of flooring to be replaced and installed and the underlayment to be provided to mitigate against impact noises such as footfalls. The drawing must clearly identify all materials, their composition and thickness. Section 5. No Obstruction of Common Area. There shall be no obstruction- of the Common Area nor shall anything be stored in the Common Area without the prior written consent of the Board; provided, however, that personal property and fixtures consistent with the 17 RMBUS\15E0\229781.13 11/18/04 use of any Exclusive Use Common Area may be maintained. by Owners upon such Exclusive Use Common Area, subject to such limitations as are set forth in the Association Rules. Nothing shall be altered or constructed in or upon or removed from the Common Area, except upon the prior written consent of the Architectural Committee. Any drainage easement area within the Common Area as depicted in the recorded subdivision map for the Project shall be kept free of improvements and obstructions by the Association. Section 6. Sim. No sign, poster, billboard, advertising device or other display or exterior decoration -of any kind shall be displayed so as to be visible from any.portion of the Project without the written approval of the Architectural Committee, except such signs, posters, billboards, decorations, advertising devices and other displays as may be used by Declarant in connection with the development of the Project and sale of Condominiums, subject to the time limitations set forth in Article XVI, Section 13. Notwithstanding the foregoing, the Association shall not proscribe or prohibit the following: (i) signs advertising Condominiums "for sale" or "for rent" or "for exchange"(which signs shall be of customary and reasonable dimensions and of a professional type and dignified appearance as determined by the Architectural Committee), which may be displayed on or from a Unit advertising it for sale, lease or exchange; (ii) non-commercial signs, posters, flags or banners located on or in a Unit, except for such signs, posters, flags or banners which constitute a potential public health or safety violation, as determined by the Board, or if the posting of such signs, posters, flags or banners would violate a local, state or federal law. In no case shall the size of any permitted sign or poster exceed nixie (9) square feet nor shall the size of any permitted flag or banner exceed more than fifteen (15) square feet; provided, however, that temporary signs advertising a Unit for sale, lease or exchange in excess of six square feet will require a sign permit pursuant to the municipal code of the City. If at the time of any such desired use, the Association is providing "for sale" or "for rent" signs for the use of Owners which comply with the requirements of this Section and applicable state, local or federal laws, the sign provided by the Association shall be used. Section 7. Animals. No insects or animals of any kind shall be raised, bred or kept on the Project except that no more than a total of two (2) dogs, cats or other common household pets may be kept by an Owner, provided that they are not kept, bred or maintained, for any commercial purpose, or in violation of any other provision of this Declaration and/or the Association Rules. Renters may keep such permitted animals so long as the Owner of the rented Unit permits the keeping of said animal or animals by renters in the Project. The Association, acting through the Board of Directors, shall have the right to prohibit maintenance of any animal in any. Unit which constitutes, in the opinion of the Board, a nuisance to other Owners or occupants within the Project. Animals belonging to Owners, their family members, invitees or renters within the Project must be either kept within a Unit or, if outside of a Unit, on a leash or bridle being held by. a person capable of controlling the animal. Animals shall not be left unattended in any Common Area including, without limitation any Exclusive Use Common Area. Owners shall be liable to other Owners, their families, invitees and renters for any unreasonable noise and/or any damage to person or property caused by any animals brought or kept upon the Project by such Owner or by his or her family members, invitees or renters. It shall be the duty and responsibility of each Owner (or, if applicable, each family member, invitee or renter) to clean up after his or her animals. The Association shall have the right to designate, in the Association Rules, the areas of the Project where animals may be walked. RMBUSIDE0\229781.13 11/18/04 Section 8. Structural Alterations. No Owner shall make or cause to be made any structural alterations or modifications to his or her Unit, or installations located therein, without the prior .written consent of the Architectural Committee and. the City. No Owner shall -make or cause to be made any alterations or modifications (including, without limitation, painting) to any Exclusive Use Common Area or other Common Area without the prior written consent of the Architectural Committee. Section 9. - Utilities. Each Owner shall be obligated to pay any and all assessments for sewage, electricity, gas, telephone, cable, water and other utilities, taxes and other charges assessed individually against his or her Unit. Section 10. Trash. No rubbish, trash, garbage or other waste material shall be kept or permitted upon any portion of the Project outside of a Unit, except in sanitary containers provided by Declarant or the Association. It is anticipated that trash will be collected from a designated area near each Unit on a .regular basis. In any event, however, trash collection procedures will be govemed by the Association Rules. Section 11. Vehicles. The parking and storage of vehicles in the Project shall be governed by Section 21 below, Section 14, Article =I of this Declaration and the Association Rules. The Association, through any Director or Officer of the Association, the Managing Agent, or any other person designated by the Board, may have a vehicle wrongfully parked or parked without authorization removed from the Project under California Vehicle Code Section 22658.2 (if signs are posted and if the Association is otherwise in compliance with the provisions of such section) without liability of the Association or its authorized agents to the owner of the removed vehicle. Section 12. Rules of Association. Each Owner, invitee, family member, renter and occupant of a Unit shall comply with the provisions of this Declaration, the Bylaws, the Association Rules and the decisions of the Association or its duly authorized representatives which may from time to time be promulgated. Notwithstanding anything to the contrary contained in this Declaration, Association Rules shall not discriminate between Owners and renters in the use or enjoyment of the. Project. Failure to comply with any such provisions, decisions, rules or regulations shall be grounds for an action to recover sums due, for damages, for injunctive relief, or for any other remedy permitted by law or by the terms of this Declaration. Section 13. Conduct in Units and Common Area. No Unit or any portion of the Common Area shall be occupied or used for any purpose or in any manner which .shall cause either to be uninsurable against loss by fire or the perils of the extended coverage endorsement of the California Standard Fire Policy form, or cause any policy of insurance to be canceled or suspended or the company issuing the same to refuse renewal thereof. No Unit shall be used in such a manner as to obstruct or interfere with the enjoyment of occupants of other Units or annoy them by unreasonable noises or otherwise, nor shall any nuisance be committed or permitted to occur in any Unit or upon the Common Area; provided, however, nothing -herein shall be construed as a limitation on Declarant's rights as set forth in this Declaration. 19 RMBUSIDEO\229781.13 11/18/04 Section 14. Rental Units. (a) The rental of Units, and the terms of any rental agreement, shall be in accordance with and subject in all respects to the provisions of the ,Governing Documents, including, without limitation, the applicable City Requirements as described in Article XXII of this Declaration, and any failure by an Owner or occupant to comply with the terms of such documents shall be a violation of the covenants, conditions and restrictions contained in this Declaration. Any rental of a Unit, including any portion of a Lock -Off Unit, shall be subject to the collection and payment of TOT to the City in accordance with its then applicable ordinance imposing said tax, the Development Agreement and Article NMI, Section 5 of this Declaration. (b) All rentals of Units handled by third parties on behalf of ' Owners must be handled by properly licensed rental agents. The Association encourages,_ but does not require, that the Owners use the on -site rental agent designated under the Resort Rental Program when renting their Units. The Resort Rental Program will include reservation and housekeeping services. (c) Rentals of Units are restricted to thirty (30) consecutive days or less, and rentals may be as short as one (1) day. The rental agent responsible for each rental shall be required to collect the TOT on each such rental and forward same to the City in the manner set forth in the City's then applicable TOT Ordinance. (d) All rentals must be reported to the Association or its designated agent or administrator under the Rental Tracking System (as described in Article )XII, Section 6 of this Declaration) rio later than the date of arrival of the applicable renter. The information required to be reported shall include the name of the renter, the Unit rented, the dates of the rental, the rental payment, the name of the applicable rental agent, and any other information reasonably requested by the Association or the administrator of the Rental Tracking System. Said information shall be reported to the City by the Association on a monthly basis to aid the City in assuring the proper collection of TOT. (e) The rental of the Units, and the terms of any rental agreement, shall be in compliance with state and local laws and ordinances, including, without limitation, any restrictions .on the modification of Units. (f) Declarant makes no representations as to whether -any modifications to Units, Condominium Buildings or Common Area are required before Units may be placed into a rental program or whether other legal requirements apply to the renting of a Unit. Each Owner should perform his or her own investigations in that regard. (g) Any amendment to any of the Governing Documents granting the Association or the Board the right to approve or in any manner screen renters, or to restrict renting of Units, must first- be approved by the majority of the Board and by the affirmative assent or vote of eighty percent (80%) of the voting power of the Class A Members of the Association, and consented to in writing by the Declarant during the Declarant's Consent Period. 20 RNIBUSVE0\229781.13 11/18/04 Section 15. Antennas. No Owner shall install any antenna, satellite dish, or other over -the -air receiving device on any real property which such Owner is not -entitled to exclusively -use or control, as provided in Title 47 U.S.C. §§ 1 et seq., 47 CFR § 1.4000 and any other applicable laws, rules and decisions promulgated with respect thereto and any successor statutes or laws. And, subject to the requirements of California Civil Code Section 1376, no television, radio, or other electronic antenna or device of any type, including, without limitation, a satellite dish, shall hereafter be erected, constructed, placed or permitted to remain on any Unit or any portion of any Condominium Building unless it was a part of the building as originally constructed or until it has been approved in writing by the Architectural Committee, or unless it is fully contained within a Unit and not visible from the exterior of the Unit. Pursuant to City requirements (as described in Section 17, Article XXII of this Declaration), each Unit is limited to a single one -meter diameter wall -mounted satellite dish for television and internet needs. The installation .of any such wall -mounted satellite dish is subject, however, to approval by the Architectural Committee. The Architectural Committee may adopt reasonable restrictions on installation and use of antennas or satellite dishes in order to address any safety concerns or to minimize visibility of such antennas or satellite dishes from other Units or from the Common Area. Such restrictions may designate one or more preferred installation locations, or require camouflage such as paint (subject to the antenna manufacturer's recommendations) or screening vegetation or other Improvements. However, no restriction imposed by the Architectural Committee may (i) unreasonably delay or prevent the installation, maintenance or use -of an otherwise acceptable antenna or satellite dish, or (ii) unreasonably increase the cost of installation, maintenance or use of same. Section 16. Window Covers. All window coverings visible from the exterior of the Condominium Building- within which the Unit is situated shall have a white backing as viewed from outside the Unit or shall be of a neutral color harmonious with and not in conflict with the color scheme of the exterior wall surface of the Condominium Building. No window shall be covered with newspaper, aluminum foil, reflective film or unauthorized material. Section 17. View Obstructions. Each Owner acknowledges that (i) there are no protected views in the Project, and no Unit is assured the existence or unobstructed continuation of any particular view, and (ii) any construction, landscaping or other installation -of Improvements by Declarant, the Association or owners of other property in the vicinity of the Project may impair the view from any Unit, and the Owners consent to such view impairment. Section 18. Water Beds and Limitations On Size of Aquariums. No water beds shall be permitted in any Unit and no Owner shall maintain in his or her Unit any aquarium or other container holding'more than thirty (30) gallons of water unless the prior written approval of the Board has been obtained. Each Owner acknowledges that substantial damage to other Units and/or Common Area may occur as a result of a violation of this restriction, for which such violating Owner will be responsible. Section 19. Toxic or Noxious Matter. No person shall discharge into the Project's sewer system or storm drain any toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, welfare, violate any law, subject any Owner 21 RMBUME0\229781.13 11/18/04 or the Association to liability under state and federal law for any clean-up or cause injury or damage to neighboring property or business elsewhere on the Project. Section 20. No Outside Drying and Laundering. No exterior clothes lines shall be erected or maintained within the Project, and there shall be no hanging, drying or laundering of clothes, towels or any other items on or from any Exclusive Use Common Area, Building Common Area, or any other Common Area in the Project. Section 21. Garages/Parking/Golf Carts. For those Units which include a garage, either as a part of the Unit or an Exclusive Use Garage, Owners, occupants and renters of those Units shall park their vehicles in the garage and the garage door shall be kept closed except when entering or exiting the garage. For those Units which include an Exclusive Use Parking Space, Owners, occupants and renters of those Units shall park their vehicles in such Exclusive Use Parking Space. Except as set forth above, all vehicles and golf carts shall be parked only in those areas designated for such parking from time to time by the Association, or as set forth in the Association Rules. 22 RMBUSIDE0\229781.13 11/18/04 ARTICLE V MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner shall automatically, upon becoming the Owner of a Condominium, be a Member of the Association, and shall remain a Member thereof until his or her ownership ceases for any reason, at which time such Owner's membership in the Association shall also automatically cease. For each Condominium there shall be on file with the Association an address of record for the Owner, if different from the Unit address, and a phone number in case of emergency, all of which shall be kept current by the Owner. Ownership of a Condominium shall be the sole qualification for membership in the Association; provided, however, that a Member's voting rights or privileges to use the Common Area, or both, may be regulated or suspended as provided in the Governing Documents. All memberships shall be appurtenant to the Condominium conveyed, and, with the exception of Declarant, a person or entity shall be deemed an Owner of a Condominium only upon recordation of a deed, contract of sale or other document conveying the Condominium to such Owner. Section 2. Transfer: - The membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the conveyance or encumbrance of his or her Condominium, and then only to the transferee or Mortgage holder of the Condominium. Any attempt to make a prohibited transfer is void, and will not be reflected upon the books and records of the Association. Any conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of a Condominium also includes the Owner's membership interest in the Association, and any transfer of title shall operate ,automatically to transfer the appurtenant membership right in the Association to the new Owner. Any selling Owner shall notify the Association of the sale- of the Condominium, and the Association shall update the Association's records accordingly. In the event a selling Owner fails or refuses to so notify the Association, the Board may record the transfer of membership upon the books of the Association upon receipt of proof of transfer of .title provided by the new Owner or otherwise obtained by the Association. In addition to the transfer fee imposed pursuant to Article VI of Section 17 of this Declaration, the Association may impose reasonable fees against the selling Owner for the actual costs of (a) transferring the selling Owner's membership on the books of the Association, and/or (b) providing documentation to the selling Owner as required in Article XDX Section 7 of this Declaration. Notwithstanding the foregoing, Declarant's Class C membership may not be transferred except to a successor to Declarant's rights to all or a portion of the Project. Transfer of Declarant's Class C membership shall be evidenced by the recordation in the Office of the County Recorder of Riverside County of an Assignment of Declarant's rights which specifically. assigns some or all of such Declarant's Class C membership. Section 3. Three Classes of Membership. The Association shall have three (3) classes of voting membership: Class A. Class A Members shall be those Owners described in Section 1 above, with the exception of Declarant for so long as there exists a Class B membership. Each Class A Member shall be entitled to one (1) vote for each Condominium owned. When more 23 RMBUs1DB0=9781.13 11/18/04 than one (1) person or entity holds an interest in any Condominium, all such persons or entities shall be Members, 'and the vote for such Condominium shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Condominium. If one (1) Owner casts the vote attributed to a Condominium, the vote shall conclusively bind all the Owners of that Condominium. If more than one (1) Owner casts the vote attributed to a Condominium, the votes cast by such Owners shall not be counted and shall be considered void: Class B. The Class B Member shall be Declarant. The Class B Member shall be entitled to -three (3) votes for each Condominium owned in any Phase of the Project; provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) The date on which ninety-five percent (95%) of the Condominiums in all Phases of the Project are conveyed to members of the public; or (b) On the eighth (8th) anniversary of the first conveyance of a Condominium in the initial Phase of the Project. Class C. The Class C Member shall be Declarant. The Class C membership shall not be considered a part of the voting power of the Association, and Declarant shall not be entitled to exercise any Class C votes except for the purpose of electing a majority of the members of the Board. Class C membership shall expire at the same time that Class B membership expires.. During the period in which Class C membership exists, Declarant shall be entitled to elect a majority of the members of the Board, and, upon death, resignation or removal of any such Board member, shall be entitled to replace any member of the Board initially elected by Declarant using its Class C membership. Section 4. Required Vote. With the exception of the action referred to in Article XIV entitled "ENFORCEMENT OF BONDED OBLIGATIONS," and the action referred to in Article XVIII, Section 2 of this Declaration, no provision of this Declaration which requires the approval of a prescribed majority of the voting power of Members other than Declarant for action to be taken by the Association is intended to preclude Declarant from casting votes attributable to the Separate Interests in the Project owned by Declarant. Notwithstanding anything to the contrary contained elsewhere in this Declaration, any. action by the Association which must have the approval of the membership (except for the action referred to in Article XIV entitled "ENFORCEMENT OF BONDED OBLIGATIONS," and the. action referred to in Article XVIII, Section 2) shall require the vote or written assent of a bare majority of the Class B voting power as well as the vote or written assent of a prescribed majority of the Class A voting power -during the period of time that there are two (2) or more outstanding classes of membership. Except for the provisions of the Article entitled "ENFORCEMENT OF BONDED OBLIGATIONS," if there has been a conversion of Class B to Class A membership, any action of the Association which must have the approval of the Members before being undertaken shall require the vote or written assent of a bare majority of the total voting power of the Association as well as the vote or written assent of the prescribed majority of the total voting power of Members other than Declarant. 24 RMBUS\DE0\2229781.13 11/18/04 Section 5. Special Class A Voting Rights: From the first election of Directors and thereafter for as long as ' a majority of the voting power of the Association resides in Declarant, or as long as there are two (2) or more classes of membership in the Association, not less than two (2) of the incumbents on the Board of Directors shall have been elected solely by votes of Members other than Declarant. A Director who. has been elected solely by votes of Members other than Declarant may be removed from office prior to the expiration of his or her term of office only by the vote of at least a simple majority of the voting power residing in Members other than Declarant.. A Director who has been elected or appointed solely by Declarant may be removed from office only by Declarant. Section 6. Vesting of Voting Rights. All voting rights -which are attributable to a specific Condominium shall not vest until such time as Regular Assessments (and Special Assessments, if any) have first commenced for such Condominium pursuant to the terms of this Declaration. Section 7. Title 7 Decisions. All members of the Board of Directors who are a director, officer, employee of Declarant or an independent contractor employed by Declarant are hereby declared to have a conflict of interest and are hereby expressly prohibited from voting or participating in any discussions related to any decision whether to file a claim against Declarant under Title 7, Part 2 of Division 2 of the California Civil Code (Section 895 et. sec.) or any decision relating to the prosecution or resolution of such claim once it is filed. 25 RMBUS\DEO\229781.13 11/18/04 ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Covenant to Pay Assessments. Declarant, for each Condominium owned by Declarant within the Project, hereby covenants and agrees, and each Owner of any Condominium, by acceptance of a conveyance thereof (whether or not it is expressed in such conveyance), is deemed to covenant and agree, to pay to the Association: (1) Regular Assessments or charges, (2) Special Assessments for capital improvements and other purposes (3) Reimbursement Assessments, (4) Annual Mitigation Fee Assessments, and, if applicable, (5) Clubhouse Assessments, all such assessments to be established and collected as hereinafter provided. Each of these assessments, together with interest, late charges and other amounts described herein, costs of collection and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Condominium at the time the assessment became due. The personal obligation for delinquent as shall not pass to such person's successors in interest unless expressly assumed by them. Section 2. Purpose of Assessments. The Association shall levy Regular Assessments and Special Assessments in sufficient amounts to perform the Association's obligations under the Governing Documents and the Davis -Stirling Common Interest Development Act, but shall not impose or collect an assessment or fee that exceeds the amount reasonably anticipated to be necessary to defray the costs for which it is levied. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Project and for the improvement, operation and maintenance of the Common Area and the Project and the performance of the duties of the Association as set forth in the Governing Documents. Section 3. Regular Assessments. The amount and time of payment of Regular Assessments against each Condominium shall be determined by the Board, giving due consideration to the current maintenance costs and future needs of the Association. Not later than sixty (60) days prior to the beginning of each fiscal year, the Board shall estimate the total Common Expenses to be incurred for the upcoming fiscal year, and shall determine the. amount of Regular Assessments to be paid by each Member. Written notice of the amount of. the Regular Assessment for the year shall be sent to each Member, who shall thereafter pay the Regular Assessment to the Association. in monthly installments. Any increase in Regular Assessments shall be undertaken in compliance with Section 5 of this Article VI. Section 4. Special Assessments. If the Board determines that the estimated total amount of funds necessary to defray the Common Expenses of the Association for a given fiscal year is or will become inadequate to meet expenses for any reason, including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs or replacement of capital improvements on, damage and destruction or condemnation of,. the Common Area, the Board shall determine the approximate amount necessary to defray such expenses and, if the amount is approved by a majority vote of the Board and does not exceed five (5%) of the budgeted gross expenses of the Association, it shall become a Special Assessment; provided, however, that such limitation shall not apply to Special Assessments levied by the Board to 26 RMBUS\DE0\229781.13 11/18/04 replenish the Association's reserve account as provided in Article VII, Section 7 (a) (3) of the Bylaws. Except for Special Assessments levied pursuant to Section 7-(a) (3) of the Bylaws, any Special Assessment in excess of five percent (5%) of the budgeted gross expenses of the Association shall be subject to the limitations set forth in Section 5 below. The Board may, in its discretion, prorate such Special Assessment over the remaining months of the fiscal year or levy the assessment immediately against each Unit. Unless exempt from federal or state taxation, all proceeds from any Special Assessment shall be segregated and deposited into a special account and shall be used solely for the purpose or purposes for which it was levied, or it shall be otherwise handled and used in a manner authorized by law or regulations of the Internal Revenue Service or the California Franchise Tax Board in order to avoid, if possible, its taxation as income of the Association. Section 5. Increases in Regular and Special Assessments. In the event that the Board at any time determines that the estimate of total charges for the current year is or will become inadequate to meet all Common Expenses for any reason, it shall promptly determine the approximate amount of such inadequacy and issue a supplemental estimate of the Common Expenses and determine a revised amount of Regular Assessments for each Member and the date or dates when due. However, annual increases in Regular Assessments for any fiscal year shall not be imposed unless (a) the Board has prepared and distributed, not less than forty-five (45) days nor more than sixty (60) days prior to the beginning of the fiscal year of the Association,.a copy. of the pro forma operating budget (as described in Article VII, Section 7 (a) of the Bylaws) with respect to that fiscal year, or (b) the Board has obtained the approval of Owners constituting a quorum, casting a majority of the votes, in person or by proxy, at a meeting or election of the Association. In any event, except as provided below, Regular Assessments may not be increased by more than twenty percent (20%) over the Regular Assessment for the preceding fiscal year and Special Assessments imposed or increased may not exceed in the aggregate five percent (5%) of the budgeted gross expenses of the Association for the current fiscal year, -without approval by the vote or written assent of Owners, constituting a quorum, casting a majority of the votes in person or by proxy at a meeting or election of the Association. Notice and quorum for any meeting called to approve the imposition of Special Assessments or an increase in Regular or Special Assessments in excess of the percentage limitations described above (or in connection with any increase for which a pro forma, operating budget was not prepared and distributed as set forth above) shall be conducted in accordance with Sections 4 and 6 of Article IV of the Bylaws. For purposes of this Section, "quorum" means -more than fifty percent (50%) of the Owners. Any meeting or election of the Association for purposes of complying with this Section shall be conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3, Division 2 of Title 1 of the Corporations Code (Sections 7510 through 7527) and 7613 of the Corporations Code. The Association shall provide notice by first-class mail to the Owners, of any Special Assessment or increase in Regular Assessments or Special Assessments, not less than thirty (3 0) nor more than sixty (60) days prior to the date the increased Assessment becomes due. Notwithstanding any other provision contained in this Section, the percentage limitations for Special Assessments and increases in Regular and Special Assessments described 27 RMBUS1DE01229781.13 11/18/04 above will not limit assessment increases necessary for emergency situations. An "emergency situation" includes any one of the following: (a) An extraordinary expense required by an order of a court; (b) An extraordinary expense necessary to repair or maintain the Project or any part of it for which the Association is responsible where a threat to personal safety is discovered; or (c) An extraordinary expense necessary to repair or maintain the Project or any part of it for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing its pro forma operating budget of the Association as described in Article VII, Section 7 (a) of the Bylaws. Prior to the imposition or collection of an assessment under this subparagraph (c), the Board shall adopt a resolution containing written findings regarding the necessity of the extraordinary expense and why such expense was not or could not have been reasonably foreseen in the budgeting process,. which resolution shall be distributed to the Members with the notice of such assessment. The provisions of this Section are in accordance with California Civil Code Section 1366 as currently in effect, and the Board, prior to imposing a Special Assessment or any increase in Regular Assessments and Special Assessments, shall comply with the provisions of California Civil Code Section 1366 or any successor statute then in effect. Section 6. Reimbursement Assessments. The Association may levy a Reimbursement Assessment against any Owner who fails to comply with the provisions of the Governing Documents, including, without limitation, this Declaration, the determinations of the Architectural Committee, the Articles or Bylaws, or any Association Rule, if such failure results in the expenditure of monies by the Association in carrying out its functions hereunder or for purposes of collecting any fines which may be levied by.the Association. Such assessment shall also be for the purpose of reimbursing the Association for any costs incurred by the Association on behalf of an individual Owner. A Reimbursement Assessment shall be due and payable to the, Association when levied but 'May not become a lien as provided by Section 15 (b) of this Article VI which could otherwise be enforced by a sale of the Owner's Condominium. Section 7. Annual Mitigation Fee Assessments. The Association shall levy Annual Mitigation 'Fee Assessments in sufficient amounts to perform the Association's obligations under the Development Agreement, as described in Article XXII, Section 2 of ,this Declaration. Section 8. Clubhouse Assessments. If applicable, the Association shall levy Clubhouse Assessments in sufficient amounts to perform the Association's obligations pursuant to , any lease or contract approved by the California Department of Real Estate relating t6 the operation, maintenance, management, repair and/or replacement of the -Clubhouse and Entry Improvements prior to their conveyance to the Association. In the event that the Board at any time determines that the amount of the Clubhouse Assessments then being charged for the current year is or will become inadequate to meet the Association's obligations pursuant to any lease or contract described in the foregoing sentence, it may increase the amount of the 28 RMBUSTE0\229781.13 11/18/04 Clubhouse Assessment in accordance with the requirements of such approved lease or contract, or any amendment thereto approved by the California Department of Real Estate. In any event, Clubhouse Assessments in any fiscal year may not be increased by more than twenty percent (20%) over the Clubhouse Assessments for the preceding fiscal year. Section 9. Allocation of Assessments to Units. (a) Except as provided in subparagraph (b) below, Regular Assessments and Special Assessments shall be fixed at a uniform rate for all Condominiums (including those owned by Declarant) and shall be levied against each Owner according to the ratio of the number of Condominiums owned by the Owner to the total number of Condominiums subject to assessment. (b) A Special Assessment against Owners to raise funds for the rebuilding or major repair of the Condominium Building(s) shall be levied upon the basis of the ratio of the square footage of the floor area of the Unit to be assessed to the total square footage of floor area of all Units to be assessed. Section 10. Date of Commencement of Regular Assessments: Due Dates. The Regular Assessments described herein shall commence as to all Condominiums in the initial Phase (including those owned by Declarant) on the first day of the month following the conveyance of the first Condominium by Declarant to an Owner under authority of a Public Report; provided, however, that Regular Assessments as to Condominiums in subsequent Phases shall commence on the first day of the month following conveyance of the first Condominium in such subsequent annexed Phase by Declarant to an Owner under authority of a Public Report. With respect to any Phase of the Project, the Association's duty to maintain that Phase shall commence when Regular Assessments on that Phase commence. Section I L Certificate of Pa went. The Association shall, within ten (10) days after receipt of written request, furnish to any Member liable for assessments a certificate in writing signed by an- Officer or authorized agent of the Association, stating (as of the date the statement is issued) whether assessments for a specific Condominium have been paid and the amount of unpaid Assessments, if any, including penalties and attorneys' fees, which are or may be made a lien upon the Member's Condominium. A reasonable charge of not less than Fifteen Dollars ($15.00), and not more. than the reasonable cost of preparing the certificate (as determined by the Board), may be collected for the issuance of such a certificate. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid as to all third parties relying thereon, but shall not relieve any Owner of liability for assessments not in fact paid. Section 12. No Offsets. All Assessments shall be payable in the amount specified and no offset against such amount shall be permitted for any reason, including, without limitation, a claim that the Association is not properly exercising its duties and powers as provided in this Declaration. Section 13. Reserves. Regular Assessments shall include reasonable amounts as determined by the Board collected as reserves for the future periodic maintenance, repair, 29 RMBUSIDE0\229781.13 11/18/04 restoration and/or replacement of major components of the Common Area which the Association is obligated to repair, restore, replace, . or maintain, and for which the reserve fund was established, and for litigation involving these purposes. All amounts collected as reserves; whether pursuant to this Section or otherwise, shall be (a) collected -by regular, scheduled monthly payments included in Regular Assessments rather than by large special assessments, and (b) deposited by the Board in a separate bank account to be held in trust for the purposes for which they are collected and are to be segregated from and not commingled with any other funds of the Association. Such reserves shall be deemed a contribution to the capital account of the Association by the Members. The Board's responsibilities in regard to the reserve funds are further described in Article VII, Sections 7, 8 and 9 of the Bylaws. Section 14. Pledgee of Assessment Rights. The Association shall have the power to pledge future assessments as security to obtain funds to repay a debt of the Association; provided, however, that any such pledge shall require the prior affirmative vote in person or by proxy or written assent of not less than sixty-seven percent (67%) of the Class A members at a meeting duly called and noticed pursuant to the provisions of the Bylaws dealing with Special Meetings of Members, and shall require the written consent of the Declarant during the Declarant Consent Period. The Association may levy Special Assessments against the Members to obtain such funds. Upon the failure of any Member to pay such a Special Assessment when due, the Association may exercise all of its rights, including, without limitation, the right to foreclose its lien, pursuant to the further provisions of this Declaration. Section 15. Effect of Nonpayment of Assessments; Remedies of the Association. Each Owner, upon becoming an Owner of any Condominium, covenants and agrees to pay to the Association all of the assessments provided for in this Declaration and further agrees to the enforcement of all such assessments in the manner herein specified. Assessments are delinquent fifteen (15) days after they become due. If an assessment is delinquent, the Association may recover all of the following.: (1) Reasonable costs incurred in collecting the delinquent assessment, including, without limitation, reasonable attorneys' fees; (2) A late charge not exceeding ten percent (10%) of the delinquent assessment or Ten Dollars ($10.00) whichever is greater (a late charge may not be imposed more than once on any single delinquent payment, but it shall not eliminate or supersede any charges imposed on prior delinquent payments); and (3) Interest on the above sums, including, without limitation, the amount of the delinquent assessment, reasonable fees and costs of collection, reasonable attorneys' fees and late charges, at an annual interest rate of twelve percent (12%), commencing thirty (3 0) days after the assessment becomes due. Any Assessment and any late charges, reasonable fees and costs of collection, reasonable attorneys' fees, and interest, shall be a debt of the Owner at the time the Assessment or other sums are levied. In addition to any other remedies provided herein or available at law or in equity, the Board or its authorized representative may enforce the obligations of the Owners to 30 RMBUSDE0\229781.13 11/18/04 pay the Assessments provided for in this Declaration by either or both of the following procedures: (a) Enforcement by Suit. The Association may commence and pursue an action against any Owner personally obligated to pay Assessments for such delinquent Assessments. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon, late charges, costs of collection, court costs and reasonable attorneys' fees in such amount as the court may adjudge against the delinquent Owner. Pursuant to California Civil Code Section 1367(1) (h), suit to recover a money judgment for unpaid Assessments may be maintained without foreclosing or waiving the lien hereinafter -described. The remedy provided in this paragraph shall be the exclusive manner of enforcing payment of delinquent Reimbursement Assessments or Clubhouse Assessments. (b) Enforcement by Lien. At least thirty (30) days -before the Association may place a lien upon the Separate Interest of an Owner, the Association shall notify the Owner in writing by certified mail, return. receipt requested, of the following in accordance with Civil Code Section 1367.1: (i) A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount; a statement that the Owner has the right to inspect the Association records, and the following statement in 14-point boldface type, if printed, or in capital letters if typed: "IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND. IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION (ii) An itemized statement of the charges owed by the Owner, including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney's fees, any late charges, and interest, if any; (iii) A statement that the Owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the Association; (iv) The right to request a meeting with the Board as provided in California Civil Code Section 1367.1 (c), which provides, in pertinent part, as follows: (1) An Owner may dispute the debt noticed by submitting to the Board a written explanation of the reasons for his or her dispute. The Board shall respond in writing to the Owner within fifteen (15) days of the date of the postmark of the explanation, if the explanation is mailed within fifteen (15) days of the postmark of the notice, and (2) An Owner may submit a written request to meet with the Board to discuss a payment plan for the debt noticed. The Association shall provide the Owner the standards for payment plans, if any exist. The Board shall meet with the Owner in 31 RNOUSDE0\229781.13 11/18/04 executive session within forty-five (45) days of the postmark of the request, if the request is mailed within fifteen (15) days of the date of the postmark of the notice, unless there is no regularly scheduled Board meeting within that time period, in which case the Board may designate a committee of one or more Members to meet with the Owner; and (v) A mailing address for overnight payment of assessments. Any payments toward such debt shall first be applied to the assessments owed, and only after the assessments owed are paid in full shall such payments be applied to the fees and costs of collection, attorneys fees, late charges or interest. When an Owner makes a payment, the Association shall provide a receipt upon the Owner's request. The receipt shall indicate the date of the payment and the person who received it. Not less than thirty (30) days after such notice by certified mail has been sent, the Board may record, or cause to be recorded, in the Recorder's Office of the County, a Notice of Delinquent Assessment with respect to the Condominium as to which Assessments (other than Reimbursement Assessments and Clubhouse Assessments) are delinquent. The Notice of Delinquent Assessment shall set forth a legal description of the Owner's Separate Interest in the Project, the name of the record owners of that interest, the amount of Assessments which are delinquent as of the date of recording, together with all reasonable fees and costs of collection, reasonable attorney's fees, late charges and interest accrued thereon. The Notice of Delinquent Assessment shall also include the name and address of the trustee authorized by the Association to enforce the lien by sale through nonjudicial foreclosure proceedings as described below and shall be signed by the person designated by the Board for that purpose (or if no one is designated, by the President of the Association). A copy of the recorded Notice of Delinquent Assessment shall be mailed in the manner set forth in Section 2924b of the California Civil Code to all record owners of the Owner's interest in the common interest development no later than ten (10) calendar days after recordation. Immediately upon recordation of a Notice of Delinquent Assessment, the amounts set forth in said Notice, together with all sums accruing thereon or becoming due and payable in accordance with this Declaration after the date of recordation of the Notice, shall constitute a lien in favor of the Association upon the Condominium described in the Notice of Delinquent Assessment, which lien shall be immediately due and payable. This lien shall have priority over all liens or claims created subsequent to the recordation of the Notice of Delinquent Assessment except for liens for real property taxes and assessments on any Condominium in favor of any governmental assessing unit. After the expiration of thirty (30) days following the recording of the Notice of Delinquent Assessment and the mailing of a copy of said recorded Notice of Delinquent Assessment to the Owner as set forth above, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the Notice, or sale by a trustee substituted pursuant to Section 2934a of the California Civil Code. Any sale by the trustee shall be conducted in accordance with the provisions of Sections 2924, 2924b and 2924c of the California Civil Code applicable to the exercise of powers of sale in mortgages and deeds of trust. The Association shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey any Condominium.. The Association may accept a deed in lieu of foreclosure. Within twenty-one (21) days after the payment of the sums specified in the Notice 32 RMBUS1DBO\229781.13 11/18/04 of Delinquent Assessment, the Association shall record or cause to be recorded in the Recorder's Office of the County a lien release or notice of rescission stating the satisfaction and release of the lien thereof, and shall provide the Owner of the Separate Interest a copy of the recorded lien release or notice of rescission. If a Notice of Delinquent Assessments is recorded in error, the party who recorded same shall, within twenty-one (21) calendar days after receiving notice that such Notice of Delinquent Assessments was recorded in error,- record or cause to be recorded in the Recorder's Office of the County a lien release or notice of rescission, and shall provide the Owner of the Separate Interest with a declaration that the lien filing or recording was in error and a copy of the recorded lien release or notice of rescission. No Owner may waive or otherwise escape liability for_the Assessments described in this Declaration by non-use of the Common Area or any other part of the Project, or abandonment of his or her Condominium. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of a Notice of Delinquent Assessment, whether judicially, by power of sale, or otherwise, until the expiration of thirty (30) days after a copy of said Notice of Delinquent Assessment, showing the date of recordation thereof, has been mailed to the Owner of the Condominium which is described in such Notice of Delinquent Assessment. Section 16. Subordination to Certain Trust Deeds. The lien for the Assessments described herein shall only be subordinate to the lien of a first Mortgage of an Institutional Lender, given and made in good faith and for value, that is of record as an encumbrance against such Condominium prior to the recordation of a Notice of Assessment. The sale or transfer of any Condominium shall not affect the Assessment lien described herein, nor shall such sale or transfer- diminish or defeat the personal obligation of any Owner for delinquent Assessments. However, the sale or transfer of any Condominium pursuant to a judicial foreclosure or foreclosure by power of sale of a first encumbrance of an Institutional Lender shall extinguish any Assessment lien recorded prior to the time of such sale or transfer. Following a foreclosure, the interest of any purchaser at such foreclosure sale shall be subject to all Assessments becoming due after, the date of such sale or transfer, and in the event of nonpayment of such Assessments, shall be subject to all of the remedies described in this Declaration. For the purpose of this Section 16, a sale or transfer of a Condominium shall occur on the date of recordation of a deed or similar document evidencing the conveyance of record ownership of the Condominium. Section 17. Operating Expense Contribution. Upon the initial conveyance of a Condominium pursuant to a Final Subdivision Public Report, the buyer of the Condominium shall pay to the Association, through escrow, a contribution toward the operating expenses of the Association in the amount of One Thousand Dollars ($1,000.00). The Board may increase the amount of such contribution from time to time, but not more frequently than every five (5) years from and after the recordation of this Declaration, and in an amount not to exceed any increase in the nationwide consumer price index applicable to the five year period preceding such adjustment. 33 RMBUSDE0\229781.13 11/18/04 ARTICLE VII MANAGEMENT OF THE ASSOCIATION AND THE PROJECT Section 1. General Powers of the Association. All powers relating to the management, operation and maintenance of the Project -and of the Common Area, as well as certain rights, duties and powers relating to the individual Units, shall be vested in the Association and in its Board of Directors. The. specific and primary purposes and powers of the Association and the Board are to provide architectural control of, manage and maintain the Project and the Common Area and to enforce the provisions of the Governing Documents. The Association may do any and all other acts and things that a nonprofit mutual benefit corporation is empowered to do, as enumerated in Section 7140 of the California Corporations Code, which may be necessary, convenient or desirable in the administration of its affairs and in order to carry out the duties described in this Declaration and the- Governing Documents, including, without limitation, those powers described in Section 383 of the California Code of Civil Procedure and (to the extent not inconsistent herewith) those powers described in Section 1350 et seq. of the California Civil Code (the Davis -Stirling Common Interest Development Act), as those sections may be amended from time to time. Subject to compliance with California Civil Code Section 1354, the Association, through its Board of Directors, shall have the right and power to institute, defend, settle or intervene on behalf of the Association in litigation, arbitration, mediation, or administrative proceedings in matters pertaining to (a) enforcement of the Governing Documents; (b) damage to the Common Areas; (c) damage to the Separate Interests which the Association is obligated to maintain or repair, or (d) damage to the Separate Interests which arises out of, or is integrally related to, damage to the Common Areas or Separate Interests that the Association is obligated to maintain or repair; provided, however, that no representative of Declarant on the Board, shall vote on the initiation of any claim under California Civil Code Section 895, et se ., such that from and after the first annual meeting of the Members of the Association, Declarant shall have no control over ' the Association's ability to decide whether to initiate a claim under such statutory provisions and in the event of such a vote, the affirmative vote of the two non - Declarant representatives on the Board shall be binding so long as a quorum of the Board is present at any meeting where such vote is taken. The Association is not empowered to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of such Owner's Unit on account of the failure by the Owner to comply, with provisions of the Governing Documents or duly -enacted rules of operation for Common Areas and facilities, except by judgment of a court or a decision arising out of arbitration, or on account of a foreclosure or sale -under a power of sale for failure of the Owner to pay assessments duly levied by the Association. Whenever this Declaration- or the Bylaws require or permit the approval, consent or action of the Association, such approval, consent or action shall be that of the Board of Directors, unless otherwise provided by this Declaration or the Bylaws. The Association, through its Board of Directors, shall also have the authority to delegate its powers to committees, officers of the Association and its agents and employees. 34 RMBUSIDEO\229781.13 11/18/04 Section 2. Contracts of the Association. The Association shall have the right and power to employ or engage a Managing Agent and other employees or agents and contract for such services, labor and materials as the Board may deem reasonably necessary to operate and maintain the Project, the Common Area and the Improvements thereon and to discharge the Board's other duties. Any agreement for professional management of the Association or any contract providing for services by the Declarant must provide for termination of such contract or agreement by either party with or without cause or payment of a termination fee on thirty (30) days or less written notice and for a maximum contract. term not to exceed three (3) years. Any agreement for professional management of the Association, and the maintenance of the Association funds received by any Managing Agent, shall- be subject to the provisions of California Civil Code Sections 1363.1 and 1363.2. Notwithstanding the foregoing, the limitations on the terms of contracts described in this Section 2 shall not apply to agreements for the management or operation of the Clubhouse and Rental Program, which agreements shall be governed by the provisions of Section 2, Article XX, and Section 4, Article XXI, respectively. Section 3. Additional Powers of Association. In addition to the duties and powers enumerated in its Articles and Bylaws, or elsewhere described herein, and without limiting the generality thereof, and subject to the limitations set forth in this Declaration including, without limitation, those limitations set forth in Sections 6 and 7 of this Article, the Association acting through the Board. shall have the power to: (a) Repair, replace and maintain and otherwise manage the Common Area and the facilities, Improvements, and landscaping within the Project; (b) Procure and maintain casualty, liability and other insurance on behalf of the Association, including, without limitation, general liability and fire insurance with extended coverage on the Project as required by the terms of this Declaration. The Board shall also have the authority to procure and maintain any other type of insurance which the Board determines is in the'best interest of the Association and its Members; (c) Obtain, for the benefit of the Common Area and the Units, all necessary water, gas, electric, cable television, refuse collection and other utility services, to the extent that such services are not separately charged and metered to the individual Units; (d) Pay taxes and assessments which are or could become a lien on the Common Area, or some portion thereof; (e) Prepare budgets and financial statements for the Association and its Members as prescribed.in the Bylaws; (f) Initiate and pursue disciplinary proceedings against Members for violations of provisions of the Governing Documents, in accordance with the procedures set forth in this Declaration; (g) Subject to approval by a majority of the voting power of each class of Members, borrow money and incur indebtedness for the purposes of the Association and cause to be executed and delivered therefore, in the Association's name, promissory notes, 35 RMBUSIDE0\229781.13 11/18/04 bonds, debentures, deeds of trust, mortgages, pledges or other evidences of debt and -security. Any mortgage or conveyance of the Common Area, or grant of easement over the Common Area (other than utility easements or other easements reserved in this Declaration), however, shall require the vote or written consent of at least sixty-seven percent (67%) of the voting power of the Owners (excluding the vote of Declarant); (h) Obtain and -cause .to be maintained in force at all times a fidelity bond for any person handling funds of the Association, including, but not limited to, employees of the Managing Agent, if any; and (i) Comply with all .City requirements for the Project as described in Article NMI of this Declaration. Section 4. ' Maintenance of Condominium Buildings and Common Area by the Association_ (a) The Association shall provide exterior maintenance of each Condominium Building as follows: (i) The Association shall maintain in good repair all exterior surfaces including, but not limited to, the exterior windows (in accordance with a regularly scheduled cleaning program, except for those windows for which the Unit Owner is responsible), walls and roof. Except as provided in Section 5 below, the Owner of each Unit shall maintain in good repair all interior surfaces, parts and portions of the Unit. (ii) Such exterior maintenance shall not include: interior doors, locks, latches, weather stripping and thresholds, interior building surfaces, stoppage of drains when attributable to a specific Unit, HVAC systems (including, without limitation, air conditioner condenser units) which serve one specific Unit, or any repairs or replacements arising out of or caused by the willful or negligent act of the Owner, his or her family, renters or invitees. Such excluded items shall be the responsibility of the Owner of each Unit. Should the willful or negligent activities of any Owner, family members, renters or invitees of such Owner result in damage -to or destruction of any portion of the Common Area or any Common Area Improvement, that Owner shall be held responsible for all costs associated with the repair or replacement of that portion of the Common Area, which expense may be enforced as a Reimbursement Assessment. (b) The Association shall provide any necessary repair and maintenance of the Common Area Improvements, including the Condominium Buildings, which may be occasioned by the presence of wood -destroying pests or organisms. Any temporary relocation of Owners or occupants of a Unit required for the treatment of wood -destroying pests or organisms, shall be conducted in accordance with California Civil Code Section 1364(c) and 1364(d). (6) The Association shall provide landscaping and gardening services for all Association Common Areas and shall assure that all landscaping is properly irrigated, trimmed and maintained. The Association shall repair and maintain all Recreational Amenities 36 RM 3US\DEO\229781.13 11/18/04 within the Association Common Area in a neat, clean, orderly, safe, sanitary and attractive condition subject to the right of the Association to enter into contracts with third parties for such repair maintenance responsibilities (for instance, under any contract described in Section 2, Article XX, or Section 4, Article (d) In addition to the general maintenance requirements described in this Section 4, the Association shall at all times maintain and operate all Common Area, landscaping and other Common Area Improvements and Recreational Amenities in the Project in accordance. with the standards and requirements set forth in -the Operations Manual and in accordance with all other Maintenance Obligations imposed by this Declaration, including, without limitation, those Maintenance Obligations described in Article I, Section 36 of this Declaration. Commencing with the recordation of this Declaration in the Official Records of Riverside County, California, and ending ten (10) years after the last sale of a Unit in the Project by Declarant, the maintenance requirements and specifications set forth in the Operations Manual may be enforced by Declarant, its successors and assigns, or by any third party contractor that is managing or operating the Clubhouse pursuant to a management contract with the Association, or by the Operator of the Resort Rental Program, regardless of ownership of a Unit in the Project through all available remedies at law or in equity, including, without limitation, specific performance or injunctive relief; provided, however, that such enforcement rights shall not include any lien rights against the Owners or the Association, except for a judgment lien obtained in connection with any judgment rendered in an enforcement proceeding or action hereunder. Notwithstanding anything to the contrary contained in this Declaration, the provisions of this subparagraph (d) shall not be amended without the vote or written consent of at least sixty-seven percent (67%) or more of the voting power of the Members of the Association other than Declarant, and the'vote or written consent of the Declarant. Section 5. Repair and Maintenance of the Units and Exclusive Use Common Areas by Owners. Each Owner shall maintain, repair, replace and restore all portions of his or her Unit, including, without limitation, all interior window glass, any exterior glass located between the Unit and any Exclusive Use Common Area appurtenant to such Owner's Unit, the interior walls, ceilings, flooring and doors in a clean, sanitary and attractive condition, and shall also be responsible for the maintenance and repair of the plumbing, electrical and HVAC systems solely servicing his or her Unit even if located within the outside perimeter of the exterior bearing walls ,of the Condominium Building and any HVAC system solely servicing his or her Unit whether located within the Unit or within any Exclusive Use Common Area specifically designed for such system. Owners shall keep Exclusive Use Common Areas appurtenant to his or her Unit, including, without limitation, balconies, patios, entries and garage areas in a broom clean and orderly condition, but such Owners shall not paint, repair or replace any portion of such Exclusive Use Common Areas without the prior written consent of the Architectural Committee. Notwithstanding the foregoing, each Owner shall maintain in good condition and repair, and replace, at his or her own expense, the garage door opener, the interior of the Garage Air Space or the Exclusive Use Garage assigned to such Owner's Unit, and any damage to the garage door due to the Owner's negligence or misuse. Every Owner must promptly perform all maintenance and repair work within his or her Unit and/or Exclusive Use Garage. All repairs and maintenance effected pursuant to this Section shall be subject to such rules as the Association may establish with respect to same, and the Maintenance Obligations of 37 RMBUSDEOM9781.13 11/18/04 the Owner, including, without limitation, those Maintenance Obligations included in the Homeowner's Maintenance Manual, if any. " If any Owner fails to maintain or make the repairs; replacements or restoration which are the responsibility of such Owner as herein provide, then, upon vote of a majority of the Board, and after not less than thirty (30) days notice to the Owner (except -in the event of an emergency), the Association shall have the right (but not the obligation) to enter the Unit and/or appurtenant Exclusive Use Common Area and provide such maintenance or make such repairs, replacements or restoration, and the cost thereof shall be a Reimbursement Assessment chargeable to such Condominium and payable to the Association by the Owner thereof. No Owner shall have repairs made to any plumbing or electrical wiring within or serving a Unit or to any HVAC system for which the Owner is responsible, wherever located, except by licensed plumbers, electricians and HVAC repair personnel; provided, however, that if any repair or alterations are to be made to any Common Area, the Board must first .approve , such work. - The provisions as to the use of a licensed plumber, electrician or HVAC repair person shall not be applicable to Declarant. Section 6. Additional Restrictions on Power of the Board. The Board shall be prohibited, without the prior vote or written consent (by vote at a meeting of the Association or by written ballot without a meeting) of a majority of the voting power of the Members, other than Declarant, constituting a quorum consisting of more than fifty percent (50%) of the voting power of the Association residing in Members other, than Declarant, from doing any of the following: (i) incurring aggregate expenditures for capital improvements to any portion of the Project in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the . Association for that fiscal year; (ii) selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; (iii) paying compensation to Directors or Officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may cause a Director or Officer to be reimbursed for expenses incurred in carrying on the business of the Association; or (iv) filling a vacancy on the Board created by the removal of a Director (except for Directors elected by Declarant using its Class C membership who may only be elected by Declarant for so long as the Class C membership continues to exist). Sections 7. Limitation on Board Authority to Contract. The Board shall not enter into any contracts for goods or services with a duration greater than one (1) year without the vote or written consent (by vote at a meeting of the Association or by written ballot without a meeting) of a majority of the Members, other than Declarant, constituting a quorum consisting of more than fifty percent (50%) of the voting power of the Association residing in Members other than Declarant, with the following exceptions: '(i) a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration; (ii) a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; (iii) prepaid casualtyand/or liability insurance policies of not to exceed three (3) years' duration, provided that the policy provides for short rate cancellation by the insured; (iv) lease agreements for laundry room fix es and equipment of not to exceed five (5) years' duration, provided that the lessor under the agreement is not an entity in which the Declarant has a direct or indirect 38 RMBUS\DEO\229781.13 11/18/04 ownership interest of ten percent (10%) or more; (v) agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five (5) years' duration, provided that the supplier is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more, (vi) agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services not to exceed five (5) years' duration, provided that the supplier is not an' entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more; or (vii) a contract for a term not to exceed three (3) years that is terminable by the Association after no longer than one (1) year without cause, penalty, or other obligation upon ninety (90) days written notice of termination to the other party; (viii) a contract approved by the California Department of Real Estate; (ix) a management or operation contract .for the Clubhouse as described in Section 2, Article XX; (x) a management or operation contract for the Resort Rental Program as described in Section 4, Article XXI, or (xi) a management contract with a term not to exceed three (3) years. Section 8. Maintenance of Public Utilities. Nothing contained herein shall require or obligate the Association to maintain, replace or restore the facilities of public utilities which are located within easements in the Common Area. However, the Association shall take such steps as are necessary or convenient to ensure that such facilities are properly maintained, replaced or restored by such public utilities. Section 9. Rights of Entry. Each Owner grants to the Association an easement and right to enter each Unit or to have utility companies or repairmen enter such Units in order to repair the plumbing, HVAC and electrical systems located thereon. The Association, through its agents or employees, shall have a limited right of entry in and upon all Units for the purpose of inspecting the Project, and taking whatever corrective action may, after approval by a majority vote of the Board, except in an emergency, be deemed necessary or proper by the Board, consistent with the provisions of this Declaration. This right of entry shall include the right to enter a Unit for purposes of construction, maintenance or repair for the benefit of the Common Area or the Owners in common. However, nothing herein shall be construed to impose any obligation upon the Association to maintain or repair any property or portion of a Unit to be maintained or repaired by. the Owner thereof. Nothing in this Article shall in any manner limit the right of an Owner to the exclusive occupancy and control of his or her Unit. Entry into a Unit by the Association, for other than emergence repairs, shall be made only after three (3) days' notice has been given to the Owner (and, if applicable, to the occupant) of the Unit, shall be made with as little inconvenience as practicable to the Owner or occupant and any damage caused thereby shall be repaired by the party causing such damage. In the case of an emergency, the right of the Association, or an agent or employee on its behalf," to enter into a Unit shall be immediate; provided, however, that such entry shall be made with as little inconvenience as practicable to the Owner or occupant and any damage caused thereby shall be repaired by the party causing such damage. The Association shall not be liable for failing to exercise this right of entry during an emergency or otherwise. Section 10. Association Rules. . Subject to any limitations set forth in the Governing Documents, and further subject to any requirements of California Civil Code Section 39 RMBUS\DEO\229781.13 11/18/04 13 57.13 0, or any successor statute, the Board shall have the power to adopt, amend and repeal such rules and regulations as it deems reasonable, which may include the establishment of a system of fines and penalties enforceable as a Reimbursement Assessment. The Association Rules shall govern matters in furtherance of the purposes of the Association, including, without limitation, the use of the Common Area; provided, however, that the Association Rules shall not (i) discriminate among Owners similarly situated, (ii) discriminate against renters in matters affecting renters, (iii) change the resort lifestyle element of the Project, and/or (iv) be inconsistent with this Declaration, the Articles or Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed or a notice setting forth the adoption,. amendment or repeal of specific portions of such rules shall be delivered to each Owner. The Association Rules shall have the same force and effect as if they were set forth in and were part of this Declaration and shall be binding on the Owners and their successors in interest whether or not actually received by them. If the Association adopts a policy imposing any monetary penalty, including any fee, on any Member for a violation of the Governing Documents or rules of the Association, including any monetary penalty relating to the activities of an occupant or invitee of a Member, the Board shall adopt and distribute to each Member, by personal delivery or first class mail, a schedule of the monetary penalties that may be assessed for those violations. If changes are made to the original schedule which was adopted and distributed to the Members, the Board shall distribute copies of the revised schedule to the Members by personal delivery or first class mail. Notwithstanding the following, if any Association Rule is deemed to be an operating rule under Civil Code Section 1357.100, the Association shall comply with the requirements and procedures set forth in Civil Code Section 1357.100 et.seq. Section 11. Duty to Report. Each Owner shall promptly report to the Association any defect or need for repairs in or to any part of the Common Area or other portions of the Project, the responsibility for remedying of which is that of the Association. Without limiting the foregoing, Owners shall promptly report to the Association and to Declarant any evidence of water leaks, water infiltration, excess moisture or mold, failure or malfunctioning of the HVAC systems, windows or doors, both within such Owner's Unit and in the Common Area. Section 12. Reservation for. Periodic Inspections, Repairs and Maintenance. Declarant shall, at all times, have the right to inspect the condition of the Common Area and improvements and facilities thereon, and to perform any maintenance and any repairs thereto as Declarant deems necessary or appropriate ' in Declarant's sole and absolute discretion. If Declarant -desires to inspect, maintain and/or repair any portion of the Exclusive Use Common Area which is appurtenant to only one (1) Unit, Declarant shall provide reasonable prior notice to the affected Unit Owner, except in any situation deemed, in Declarant's sole and absolute discretion, to be an emergency. If Declarant determines, in its sole and absolute -discretion, that the Association has failed to maintain any portion of the Common Area or the Exclusive Use Common Area in a manner consistent with the Operations Manual or the Association's Common Area Maintenance Manual, it may so notify the Association, in writing, and the Association shall promptly perform the required maintenance or repairs. Declarant shall have the right to make a record of its inspections, maintenance and/or repairs made by any means available, including, but not limited to, photographing -and/or videotaping the Common Area and the Exclusive Use Common Area and shall have the right to perform tests or examinations to determine the 40 RMBUSTE01229781.13 11/18/04 condition of the same. Notwithstanding the foregoing, the foregoing shall not impose upon Declarant any independent obligation to perform inspections, maintenance or repairs of the Common Area or the Exclusive Use Common Area, and the Association shall not be relieved of its obligation to maintain the Common Area and the Exclusive Use Common Area because of the election of Declarant or any predecessor Declarant to inspect or not to inspect or report to the Association the condition of the Common Area and the Exclusive Use Common Area or to perform or not to perform any maintenance or repair. Section 13. Securi The Association may, but shall not be obligated to, maintain or support certain activities within the Project designed to make the Project safer than it . otherwise might be. Neither Declarant nor the Association , makes any representations whatsoever as to the security of the Project or any Unit, or the effectiveness of any monitoring system or security service. All Owners agree to release Declarant and the Association from any loss or claim arising from the occurrence of any crime or criminal act of a third party. Neither the Association nor the Declarant shall in any way be considered insurers or guarantors of security within the Project. Neither the Association nor Declarant shall be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken, if any. All Owners, renters or other occupants of any Unit and their respective invitees acknowledge that the Association and its Board and Declarant do not represent or warrant that any fire protection system, burglar alarm system or other security system, if any, may not be compromised or circumvented or that any fire protection or burglar alarm systems or other security stems will in all cases provide the detection or protection for which the system is designed or intended. Each Owner, renter or other occupant of any Unit and their respective invitees acknowledges and understands that the Association, the Board and Declarant are not insurers and that each Owner, renter or other occupant of any Unit and their respective invitees assume all risks for loss or damage to persons, to Units and to the contents of Units and further acknowledge that neither the Association, its Board nor Declarant have made neither representations nor warranties nor has any Owner, renter or occupant of any Unit, or invitees relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any fire and/or burglar alarm systems or other security systems recommended or installed, if any, or any security measures undertaken within the Project, if any. 41 RMBUS\DE0\229781.13 11/18/04 ARTICLE VHI INSURANCE Section 1. Duty to Obtain Insurance; Types. The Association shall obtain and continue in effect the following types and policies of insurance: (a) Comprehensive public liability insurance for claims for personal injury and/or property damage arising out of a single occurrence with a limit of not less than Three Million Dollars ($3,000,000.00), which shall at all times be in conformance with the requirements of California Civil Code Sections 1365.7 and 1365.9. Such policy of public liability insurance covering the Common Area shall contain a "Severability of Interest" endorsement which shall preclude the insurer from denying the claim of any Owner because of negligent acts of the Association or other Owners. Such liability insurance shall include coverage for (i) general liability of the Association and its agents; (ii) individual liability of officers, directors and committee members of the Association for negligent acts or omissions of those persons acting in their capacity as officers, directors and committee members, and (iii) individual liability of the Owners and their respective family members against liability incident to the ownership or use of the Common Area or any other Association owned or maintained real or personal property. (b) Casualty insurance and fire insurance with extended coverage, in an amount equal to one hundred percent (100%) of the full insurable replacement cost of the Project, including all Condominium Buildings and Units, without deduction for depreciation. Such insurance shall be maintained by the Board for the benefit of the Association, the Owners and Institutional.Holders as their interests may appear as. named insured, subject, however, to loss payment requirements set forth herein. Each such policy shall contain a standard mortgagee clause, which must be endorsed, which provides that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interests may appear. (c) Workers' compensation insurance to the extent required by law (or such greater amount as the Board deems necessary). The Association shall also obtain a Certificate of Insurance naming it as an additional insured in regard to workers' compensation claims from any independent contractor who performs any service for the Association, if the receipt of such a certificate is practicable. (d) A fidelity bond in an amount equal to at least the estimated maximum of funds, including reserves, in the custody of the Association or a management agent at any given time during the term of the fidelity bond; provided, however, that the bond shall not be less than a sum equal to three (3) months aggregate of the Regular Assessments on all Units plus reserve funds of the annual Regular Assessments, plus assessments collected with Regular Assessments (if any) for payment of the Annual Mitigation Fee to the City, naming the Association as obligee and insuring .against loss by reason of the acts of the Board, officers and employees of the Association, whether or not such persons are compensated for their services, and, if practicable, insuring against loss by reason of the acts of any Managing Agent and its employees. 42 RMBUSM0\229781.13 11/18/04 (e) Earthquake insurance to the extent required by law, and if not required by law, then to the extent available at commercially reasonable rates in the opinion of the Board. The Association may purchase such other insurance as it deems necessary, including but not limited to, flood insurance, plate glass insurance, medical payments, malicious mischief and vandalism insurance. Section 2. Waiver of Claims Against Association. As to each policy of insurance maintained by the Board, the Owners hereby waive and release all claims against the Association, the Board and Declarant, only to the extent of the insurance proceeds available to the Owners, whether or not the insurable damage or injury is caused by the negligence of or breach of any agreement by said persons: Section 3. Individual Insurance. Each Owner shall maintain property insurance against losses to the Unit and personal property located within the Unit and to any upgrades or Improvements located within the Unit and liability insurance against any liability resulting from any injury or damage occurring within the Unit. The Association's insurance policies will not provide coverage against any of the foregoing. All Owners hereby waive. all rights of subrogation against the Association, and any insurance maintained by an Owner must contain a waiver of subrogation rights by the insurer as to the Association; provided, however, that a failure or inability of an Owner to obtain such a waiver shall not defeat or impair the waiver of subrogation rights between the Owners and the Association set forth herein. No Owner shall separately insure any property covered by the Association's property insurance policy as described above. If any Owner violates this provision and, as a result, there is a diminution in insurance proceeds otherwise payable to the Association, the Owner will be liable to the Association to the extent of the diminution. The Association may levy a Reimbursement Assessment against the Owner's Unit to collect the amount of the diminution. Section 4. Notice of Expiration Requirements. All of, the policies of insurance or fidelity bonds described herein shall, to the extent reasonably obtainable, contain a provision that such policies shall not be canceled or terminated, or expire by their terms, without thirty (30) days' prior written notice to the Association, Declarant, Owners and Institutional Holders (provided that such Owners or Institutional Holders have filed written requests with the carrier for such notice) and every other person in interest who has requested such notice of the insurer. Section 5. Insurance Premiums.. Premiums for any blanket insurance coverage obtained by the Association and any other insurance deemed necessary by the Board shall be a Common Expense to be included in the assessments levied by the Association and collected from the Owners. The proportion of such assessments necessary for the required insurance premiums shall be used solely for the payment of premiums of required insurance as such premiums become due. Section 6. Trustee for Policies. The Board shall be trustee of the interests of all named insureds under policies of insurance purchased and maintained by the Association. All insurance proceeds under any such policies shall be paid to the Board as trustee. The Board shall 43 RMBUS\DEO\229781.13 11/18/04 have full power to receive and to receipt for the proceeds and to disburse such proceeds as provided herein. Insurance proceeds shall be used by the Association for the repair, restoration or replacement of the property for which the insurance was carved or otherwise disposed of as provided in this Declaration. The Board shall have the authority to negotiate loss settlements with insurance carriers, with participation by Institutional Holders who so desire and have filed written requests under Section 4 of this Article. Any two (2) Officers of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim, and such signatures shall be binding on all the named insureds, with the exception of the Administrator of the Veterans Administration, an officer of the United States of America. Section 7. Actions as Trustee. Except as otherwise specifically provided in this Declaration, the Board, acting on behalf of the Association and all Owners, with the exception of the Administrator of the Veterans Administration, an officer of the United States of America, shall have the exclusive right to bind such parties in respect to all matters affecting insurance carried by the Association, the settlement of a loss claim, and the surrender, cancellation, and modification of all such insurance, in a manner satisfactory to seventy-five percent (75%)' of the Institutional Holders who have filed requests under Section 4 of this Article to the extent such Institutional Holders desire to participate. Duplicate originals or certificates of all policies of fire and casualty insurance carried by the Association and of all renewals thereof, together with proof of payment of premiums, shall be delivered by the Association to all Institutional Holders who have requested the same in writing. Section 8. Annual Insurance Review. The Board shall, upon issuance or renewal of insurance, but no less than annually, review the insurance carried by the Association for the purpose of determining the adequacy of the Association's insurance coverage, including, without limitation, the general liability policy referred to in Section 1 (a), and the amount of the casualty and fire insurance referred to in Section 1 (b) above. Upon such review, the Association shall notify the Owners as to the amount and type of insurance carried by the Association as required by the provisions of Article VII, Section 7 (f), of the Bylaws, and 'it shall accompany this notification with - statements to 1 the effect that (i) the Association is or is not insured to the levels specified by Civil Code Section 1365.9; (ii) if not so insured, Owners with an ownership interest in the Common Area may be individually liable for the entire amount of the judgment; and (iii) if the Association is insured to the levels specified by Civil Code Section 1365.9, then individual Owners with an ownership interest in the Common Area may be individually liable only for their proportional share of assessments levied to pay the amount of any judgment which exceeds the limits of the Association's insurance. The Board may, in its discretion, obtain a current appraisal of the full replacement value of any buildings and Improvements within the Common Area, except for foundations, footings and masonry walls, without deduction for depreciation, by a qualified independent insurance appraiser, prior to each such annual review. Section 9. Rquired Waiver. All policies of hazard and physical damage insurance shall, to the extent reasonably obtainable, provide for waiver of the following rights, to the extent that the respective insurers would have the rights without such waivers: RMBUME0\2.29781.13 11/18/04 Owners; (a) . Subrogation of claims against the guests, invitees and renters of the (b) Any defense based on co-insurance; (c) Any right of set-off, counterclaim, apportionment, proration or contribution by reason of other insurance not carried by the Association; (d) Any invalidity, other adverse effect or defense on account of any breach of warranty or condition caused by the Association, any Owner or any renter of an Owner, or arising from any act, neglect or omission of any named insured, or the respective agents, contractors and employees of any insured; (e) Any right of the insurer to repair, rebuild or replace, and, in the event the building or other Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the improvements insured or the fair market value thereof; (f) Notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Condominium; and (g) Any right to require any assignment of any Mortgage to the insurer. 45 RMBUSDEoV2229781.13 11/19/04 ARTICLE IX DESTRUCTION OF IMPROVEMENTS Section 1. Restoration Defined. As used in this Article IX, the term "restore" shall mean repairing, rebuilding or reconstructing damaged Improvements to substantially the same condition and appearance in which it existed prior to fire or other casualty damage. Section 2. Insured Casualty. If any Improvement required to be maintained by the Association is damaged or destroyed from a risk covered by the insurance required to be maintained by the Association, then the Association shall, to the extent permitted under existing laws, - restore the Improvement to the same condition as it was in immediately prior to the damage or destruction. The Association shall proceed with the filing and adjustment of all claims arising under the existing insurance policies. The insurance proceeds shall be paid to and held by the Association or an insurance trustee if selected under the provisions of Section 5 of this Article IX. Section 3. Restoration Proceeds. (a) Sufficient Proceeds. The costs of restoration of the damaged Improvement shall be paid first from any insurance proceeds paid to the Association under existing insurance policies. If the insurance proceeds exceed the costs of restoration, the excess proceeds shall be paid into capital improvement reserves and used for the benefit of the Association. If the insurance proceeds are insufficient to restore the damaged Improvement, the Board shall then add to the insurance proceeds all reserve account funds designated for the repair or replacement of the damaged Improvement. If the total funds then available are sufficient to restore the damaged Improvement, the Improvement shall be restored. If the aggregate amount of insurance proceeds and such reserve account funds are insufficient to pay the total costs of restoration, a Special Assessment against all Owners shall be levied by the Board up to the maximum amount permitted without the approval of the. Members in accordance with the limitations set forth in this Declaration and by law. If the total funds then available are sufficient to restore the damaged Improvement, the Improvement shall be restored. . (b) Insufficient Proceeds. If the total funds available to the Association are still insufficient to restore the damaged Improvement, then the Board first shall attempt to impose an additional Special Assessment pursuant to Subsection (i) below; and second, the Board shall use a plan of alternative reconstruction pursuant to Subsection (ii) below. If the Members do not approve such actions, and if the damaged Improvement is part of a Condominium Building ("Damaged Building") then the entire Damaged Building shall be sold, demolished and/or restored pursuant to Subsection (iii) below. (i) Additional Special Assessment. If the total funds available to restore the damaged Improvement as provided in Section 3(a) are insufficient, then a meeting of the Members shall be called for the purpose of approving a Special Assessment to make up all or a part of the deficiency ("Additional Special Assessment"). If the amount of the Additional Special Assessment approved by the Members, and the amounts available pursuant to Section 3(a) above, are insufficient to restore the damaged Improvement, or if no Additional 46 RMBUSDE0\229781.13 11/18/04 Special Assessment is approved, the Association shall consider a plan of alternative reconstruction in accordance with Subsection (ii) below. .(ii) Alternative Reconstruction. The Board shall consider and propose plans to reconstruct the damaged Improvement making use of whatever funds are available to it pursuant to Section 3(a) and Subsection (i) above ("Alternative Reconstruction"). All proposals shall be presented to the Owners. If the damaged Improvement includes a Damaged Building, and if two-thirds of the voting power of the Owners of Units within the Damaged Building ("Affected Owners") and a majority of the voting power of the Members, including the Affected Owners, agree to any plan of Alternative Reconstruction, then the Board shall ,contract for the reconstruction of the damaged Improvement in accordance with the plan of Alternative Reconstruction making use of whatever funds are then available to it. If no plan of Alternative Reconstruction is agreed to, then the provisions of Subsection (iii) shall apply. (iii) Sale and Restoration or Removal of Damaged Building. If the damaged Improvement is part of a Damaged Building, the damage renders one or more of the Units uninhabitable, and the Improvements will not be restored in accordance with the provisions of Subsections (a) and (b)(i) or (b)(ii) above, the Board, as the attorney in fact for each Owner of a Unit in the Damaged Building, shall be empowered to sell the Damaged Building, including all Units therein, in their then present condition, on terms to be determined by the Board, provided that the Board receives adequate assurances that the purchaser shall, and has the financial capability to: (i) restore the Damaged Building (either by renovation or removal and rebuilding), (ii) remove the Damaged Building (including foundations), grade the area, and appropriately landscape or otherwise improve the area, or (iii) perform any combination of the foregoing. Any work to be performed by the purchaser with respect to any of the foregoing shall be subject to the provisions of this Article IX and the provisions of this Declaration. In lieu of selling the Damaged Building to a third person, the Association may purchase the Damaged Building on satisfaction of the following conditions: (1) Members holding 67% of the total voting power of the Members (including the votes allocated to the Owners of the Units within the Damaged Building) approve of the purchase; (2) the purchase price is the fair market value of the Damaged Building as the date of sale as determined by an appraisal made by a qualified and independent real estate appraiser; (3) any Special Assessment needed to fund the purchase price shall be levied against all Units, including the Units within the Damaged Building; (4) the Association has an adequate source of funds to repair, renovate or rebuild all or a portion of the Damaged Building and/or to remove and appropriately landscape the remaining area. For this purpose, no Unit that is being purchased shall be subject to any assessment intended to be used as a source of such funds. 47 RMBUSIDEO\229781.13 11/18/04 (iv) Distribution of Proceeds. The proceeds from the sale, together with the insurance proceeds received and any reserve funds allocated to the Damaged Building, after deducting therefrom the Association's sale expenses, including commissions, title and recording fees, and legal costs, shall be distributed among the Owners of Units in the Damaged Building and their respective holders of Mortgages, in proportion to the respective fair market values of these Units immediately prior to the date of the event causing the damage" as determined by an independent appraisal made by a qualified real estate appraiser selected by' the Board. If a Damaged Building is removed and not restored so that the new Condominium Building contains the same number of Units as the removed Condominium Building, the Board shall take appropriate steps to adjust the property interests of the remaining Unit Owners and to effect such amendments as may be necessary to the Declaration, the Condominium Plan and the Map to reflect the revised property interests and other related changes. (v) Owner's Right of First Refusal. Notwithstanding anything in this Declaration to the contrary, any Owner or group of Owners shall have- a right of first refusal to match the terms and conditions of any offer made to the Association in the event of a sale of the Damaged Building under Subsection (iii) above, provided the Owners exercise this right within twenty (20) days of receipt of a notice from the Association containing the terms and conditions of any offer the Association has received and which the Association has the right to accept and has elected to accept. If the Owner or group of Owners subsequently default on their offer to purchase, they shall be liable to the Affected Owners and their respective mortgagees for any damages resulting from the default. If more than one Owner or group elects to exercise this right, the Board shall accept what it determines to be the best offer. Section 4. Restoration Contract. If there is a determination to restore the damaged Improvement, the Board or its authorized representative shall obtain bids from at least two (2) licensed and" reputable contractors and shall accept the repair and reconstruction work from whomever the Board determines to be in the best interests of the Members (which may not necessarily be the low bidder). The Board shall have the authority to enter into a written contract with the contractor for such repair and reconstruction, and the insurance proceeds shall be disbursed to the contractor according to the terms of the contract. The Board shall take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest practicable date. Such construction shall be commenced no later than one hundred eighty (180) days after the event requiring reconstruction or, if the reconstruction funds are not then available, such construction shall commence as soon as practicable following the date such funds become available, and shall thereafter be diligently prosecuted to completion. Such construction shall return the Project to substantially the same condition and appearance in which it existed prior to the damage or destruction. Section 5. Insurance Trustee. All property insurance proceeds payable to the Association under the policy described in Section l(b), Article VIII, subject to the rights of Institutional Holders under Article XIII, may be paid to a trustee as designated by the Board to be held and expended for the benefit of the Owners and Institutional Holders, as their respective interests shall appear. The trustee shall be a commercial bank or other financial institution with trust powers in the County in which the Project is located that agrees in writing to accept such RMBUS\DEO\229781.13 11/18/04 trust. If repair or reconstruction is authorized, the Association will have the duty to contract for such work as provided for in this Declaration. Section 6. Authority To Effect Changes. If any Condominium Building or portion thereof is damaged or destroyed or in need of renovation or rehabilitation and the Condominium Building is to be repaired or reconstructed, the Condominium Building may be repaired or reconstructed in a manner that alters the boundaries of the Units or Common Area provided the following conditions are satisfied: (a) Approval. The alteration has been approved by the Board of Directors, by Members holding a majority of the total voting power of the Association, and by the holders of any first Mortgages to the extent required herein; (b). Building Code. The Board of Directors has determined that the alteration is necessary in order to comply with current building code requirements, to meet current building construction standards and procedures, or to improve the conditions and quality of the Condominium Building; (c) Location and Size. The alteration does not materially change the location of any Unit or materially reduce the size of any Unit without the consent of the Unit Owner and the holders of any first Mortgages thereon. For purposes herein, a material reduction in the size of the Unit shall mean any alteration that increases or decreases the square footage of the interior floor space of the Unit by more than five percent (5%) from that which was originally constructed by Declarant; (d) No Interference. The Board of Directors has determined that any alteration that will relocate or reduce the Association Common Area will not unreasonably interfere with the rights of the Owners and occupants to use and enjoy the Association Common Area; and (e) Condominium Plan. The Condominium Plan for the affected Phase(s) is amended to reflect the alteration to the Units or Common Area. Each Owner irrevocably appoints the Association as that Owner's attomey-in-fact and irrevocably grants to the Association the full power in the name of the Owner to effect any alteration to any Unit or Common Area as authorized above, including, but not limited to, the execution, delivery and recordation of any Condominium Plan amendments, deeds or other instruments. Section 7. Minor Repair, Reconstruction and Restoration. The Board shall have the duty to repair and reconstruct Improvements, without the consent of Members and irrespective of the amount of available insurance proceeds, in all cases of partial destruction when the estimated cost of repair and reconstruction does not exceed five (5%) percent of the annual budgeted gross expenses of the Association. The Board is expressly empowered to levy a Special Assessment for the cost of repairing and reconstructing Improvements to the extent insurance proceeds are unavailable, such assessments to be levied as provided in this Declaration (but without the consent or approval of Members, despite any contrary provisions in this RU BUSIDEO\229781.13 11/18/04 Declaration). Notwithstanding the foregoing or anything to the contrary set forth in this Declaration, the Board is expressly empowered to levy a Special Assessment, regardless of amount, as necessary to remove any damaged Improvements and to restore any damaged area in the Project to -a safe condition. Section 8. Damage Or Destruction To A Unit. With the exception of any casualty or damage covered by insurance kept by the Association, restoration and/or repair of any damage to the interior of an individual Unit, including, without limitation, fixtures, cabinets and Improvements therein, together with restoration of interior paint, wall coverings and floor coverings, shall be performed by the Owner thereof, at such Owner's own cost and expense, which restoration shall be completed as promptly as practical and in a lawful and workmanlike manner, and, to the extent required under Article )GI entitled "ARCHITECTURAL CONTROL" and the Architectural Guidelines, if any, in accordance with plans approved by the Architectural Committee as provided in Article XII herein. 50 RMBUS\DB01229781.13 11/18/04 ARTICLE X PROPERTY TAXES Real property taxes, levies and assessments shall be separately and individually billed by the County Assessor's Office to Owners of the Condominiums. Payment of any real -or personal property tax, assessment or levy of any type allocated to an individual Condominium shall be the sole responsibility of the Owner of that Condominium. The Association shall not be liable for the collection and payment of any real or personal property taxes of any type whatsoever levied against individual Members and Owners on account 'of their Condominiums. However, if all or some of the Units are taxed under an unsegregated blanket tax bill, each Owner shall pay his or her proportionate share_ of any installment due under the blanket tax bill to the Association at least ten (10) days prior to the delinquency date; and the Association shall transmit the taxes to the appropriate tax collection agency on or, before the delinquency date. Blanket taxes shall be allocated among the Owners and their Condominiums, based upon Declarant's determination of the total amount of real property taxes applicable to the Units divided by the total number of Units to which the blanket tax bill applies. The Association shall pay the taxes on behalf of any Owner who does not pay his proportionate, share. In such event, the Association shall charge the delinquent Owner a Reimbursement Assessment in the amount of any sum so advanced, plus interest at the rate of ten percent (10%) per annum and any amount necessary to reimburse the Association for any penalty or late charge actually assessed in connection with the blanket tax bill, which late charge results from the failure of the delinquent Owner to make timely payment of his proportionate share of the taxes. Until the close of escrow for the sale of ninety percent (90%) of the Condominiums in the Project, the foregoing provisions relating to the collection of taxes in connection with a blanket tax bill on all or any portion of the Project may not be amended without the express written consent of Declarant. If, after the receipt of an actual tax bill from the County Tax Assessor after payment of such unsegregated blanket tax bill on a pro rata basis, there are any adjustments to be made to the taxes allocable to each Unit, Declarant shall deliver an adjusted statement to each Owner, and if the Owner owes additional taxes based upon the actual tax bill, the Owner shall pay to the Association within ten (10) days after receipt of the adjusted statement, the difference between the amount paid by Owner and the actual amount of the tax based upon the County Tax Assessor Statement. If the Owner paid a greater share of taxes than the amount due under the County Tax Assessor Statement, the Association shall reimburse such Owner for any overpayment of taxes within ten (10) days of receipt of the segregated County Tax Assessor Statement. In the event that any taxes are levied or assessed against the Common Area or personal property of the Association rather than against individual Condominiums, the amount of such taxes shall be considered a Common Expense which shall be paid by the Association through the Regular Assessment process. 51 RMBUSDEM229781.13 11/18/04 ARTICLE XI PROHIBITION AGAINST PARTITION OR SEVERANCE OF UNIT FROM INTEREST IN COMMON AREA . Except as provided by California Civil Code Section 1359 or any amendment thereto, the Common Area shall remain undivided and each Owner irrevocably waives the right to bring any action to partition the Common Area. The rights in the Common ,Area and title to the -respective Condominiums, together. with any exclusive easements or rights appurtenant to each Unit, shall not be separated, severed or separately conveyed, assigned, encumbered or otherwise transferred. All rights in the Common Area shall be conclusively deemed to be conveyed, assigned, transferred or encumbered with the respective Condominium even though the description in the instrument of conveyance or encumbrance may refer only to the Unit. 52 RMBUS\DE0\229781.13 11/18/04 ARTICLE XII ARCHITECTURAL CONTROL Section 1. Architectural Approval. In order to maintain a uniform and well - maintained appearance throughout the Project, no Improvements shall be commenced, erected, altered or maintained in the Project, except by Declarant, without .the prior approval of the Architectural Committee and, if applicable, the City .of La Quinta as described in Section S of Article XXII. Each Owner, other than Declarant, shall obtain the approval of the Architectural .Committee for any proposed modifications to a Unit or the Common Area in accordance with the provisions set forth below. Any proposed modifications to a Unit or Common Area undertaken pursuant to California Civil Code Section 1360(a)(2) in order to accommodate physically handicapped persons shall be undertaken in accordance with the provisions of that section, including submission of all plans and specifications for such modifications to the Architectural Committee for approval. Section 2. Architectural Committee. An Architectural Committee, consisting of three (3) members, shall be established for the Project. Declarant retains the sole right to appoint, remove and replace all members of the Architectural Committee for a period of one (1) year following the first conveyance of a Unit to an Owner under a Public Report. Declarant further retains the right to appoint, remove and replace a majority of Architectural Committee members for a period which commences one (1) year following the first conveyance to an Owner under a Public Report, and which terminates ten (10) years after the conveyance of the last Unit within the Project to an Owner under authority of a Public Report, unless, prior to said time, Declarant waives its rights hereunder by notice in writing to the Association. The initial members of the Architectural Committee shall therefore be appointed by Declarant prior to the conveyance of the first Unit to an Owner under a Public Report. Declarant shall designate one (1) member to serve a term of one (1) year; one (1) member to serve a term of two (2) years, and one (1) member to serve a term of three (3) years. Thereafter, the terms of Architectural Committee members- appointed shall be three (3) years. Each Architectural Committee member shall serve the length of his or her specified tern unless such member has resigned or has been removed from office. Any new member appointed to replace a member who has resigned or been removed shall serve such member's unexpired term. Declarant shall have the sole right to replace Architectural Committee members appointed by Declarant for the balance of their unexpired terms. After one (1) year from the first conveyance of a Unit to an .Owner under a Public Report, the Board shall have the right to appoint, replace and remove one (1) member of the Architectural- Committee. When Declarant waives or no longer has the right io appoint, replace and remove a majority of the members of the Architectural Committee, the Board shall have the power to appoint, replace and remove all members of the Committee. Declarant and the Board, in selecting members for the Architectural Committee, shall endeavor to appoint individuals who have sufficient expertise to evaluate the effect of any Improvements on the architectural design and structural integrity of the Project. Committee members appointed by Declarant need not be Members of the Association. Committee members appointed by the Board shall be from the 53 RMBUS\DEO\229781.13 11/18/04 membership of the Association. The appointment, removal and replacement of Committee members shall be specified in the minutes of the Association. Section 3. Submission Approval and Conformity of Plans. The Association may adopt and promulgate such Architectural Guidelines, if any, to be administered through its Architectural Committee as the Board, in its discretion, may deem appropriate; provided, however, that such Architectural Guidelines and any modification thereof shall be subject to Declarant's written approval so long as Declarant has the right to appoint members to the Architectural Committee as set forth above. No Improvements of any kind shall be commenced, erected, placed or altered in, to or around any Unit or Exclusive Use Common Area until the Owner has submitted to the Architectural Committee complete plans and specifications showing the nature, kind, shape, height and materials, including the color and any other requirements set forth in this Declaration or as may be required by the Architectural. Committee or the Architectural Guidelines, if adopted ("Plans and Specifications"), and approval in writing by the Architectural Committee has been issued as provided in this Article XII. The Architectural Committee may impose, or the Architectural Guidelines, if adopted, may include, the following restrictions, requirements and limitations: (a) Time limitations for the completion of the Improvements for which approval is granted, or, if no time limit is specified, the time limitation shall be thirty (30) days; (b) Conformity of completed Improvements to Plans and Specifications approved by the Architectural Committee; provided, however, that as to purchasers and encumbrancers in good faith and for value, unless a notice of noncompletion or nonconformance identifying the violating Condominium and its Owner and specifying the reason for the notice, executed by the Architectural Committee, is given to such Owner within thirty (30) days of the expiration of the time limitation described in subsection (a) above (or, if no .time limitation is specified in ' the Architectural Guidelines, within thirty (30) days of the time limitation included in the written approval of the Plans and Specifications by the Committee), or unless legal proceedings have been instituted to enforce compliance or completion within that thirty (3 0) day period, the completed Improvements shall be deemed to be in compliance with Plans and Specifications approved by the Architectural Committee; (c) Such other limitations and restrictions as - the Board in its reasonable discretion shall adopt, including, without limitation, regulation of Improvements to Units, and regulation of construction, reconstruction, exterior addition, change, alteration to or maintenance of any building, with regard to the nature, kind, shape, height, materials, exterior color and surface and location of such structure. The Architectural Committee may delegate its plan review responsibilities to one (1) or more members of the Committee. Upon such delegation, the approval or disapproval of Plans and Specifications by such persons shall be equivalent to approval or disapproval by the entire. Committee. The Committee and/or the Board may establish reasonable procedural rules and may assess a reasonable fee -(not to exceed the estimated cost of review) per submission in connection with review of Plans and Specifications. The Committee may also retain outside consultants and architects to assist it with its plan review responsibilities. Unless such rules 54 RMBUME01229781.13 11/18/04 regarding submission of plans are complied with, such Plans and Specifications shall be deemed not submitted. In the event that the Architectural Committee fails to approve or disapprove plans or other requests submitted to it within thirty (30) days after such submission of all required Plans and Specifications and other materials as may be required by the Architectural Committee, then. the Owner requesting approval shall give the Committee a second written notice of its request. If the Architectural Committee fails to approve or disapprove such request within five (5) business days after such second notice, then such request shall be deemed approved so long as any structure or improvement to be erected or altered pursuant to such plans conforms to all the conditions and restrictions herein contained and those contained in Architectural Guidelines and is in harmony with similar structures erected within the Project. Notwithstanding the foregoing, no Plans and Specifications for Improvements which violate the terms of this Declaration, the Governing Documents or Architectural Guidelines shall be deemed approved or permitted. Section 4. Appeal. In the event Plans and Specifications submitted to the Architectural Committee are disapproved, .the party making such submission may appeal in writing to the Board. The written request must be received by the Board not more than thirty (30) days following the final decision of the Architectural Committee. The Board shall submit such request to the Architectural Committee for _ comment and the Committee's written comments will be submitted to the Board. Within thirty (30) days following receipt of the request for appeal, the Board shall render its written decision. - If the Board fails to render a decision within this thirty (30) day period, the Owner submitting the request for appeal shall give the Board a second written request for appeal. If the Board fails to render a decision within five (5) business days after such second request, such failure shall be deemed a decision in favor of the appellant; provided, however, that no Plans and Specifications for Improvements which violate the terms of this Declaration, the Governing Documents or the Architectural Guidelines shall be deemed approved or permitted. Section 5. General Provisions. Operation of the Architectural Committee shall be subject to the following general provisions: (a) 'Review and approval by the Architectural Committee of Plans and Specifications does not constitute approvalof engineering design or compliance with law or City requirements, and by approving such Plans and Specifications, neither the Architectural Committee, the members thereof, the Association, the Members, the Board nor Declarant assumes liability or responsibility therefore, or for any defect in any structure constructed from such Plans and Specifications. Approval of Plans and Specifications by the Architectural Committee does not relieve the Owner -applicant of the responsibility to obtain necessary building permits. and approvals from - the City or other governmental authority having jurisdiction, including, without limitation, those approvals specifically required by Article XXII, Section 8 of this Declaration. (b) The address of the Architectural Committee shall be the principal office of the Association as designated by the Board pursuant to the Bylaws. Such address shall be the place for submission of Plans and Specifications and the place where the current Architectural Guidelines, if any., shall be kept. 55 RNOUS\DBO\229781.13 11/18/04 (c) The establishment of the Architectural Committee and the procedures described herein for architectural approval shall not be construed as changing any rights or restrictions upon Owners to maintain, repair, alter, modify or otherwise have control over their Condominiums as may otherwise be specified in the Governing Documents. Section 6. Nonapplicability to Declarant. The provisions of this Article shall not apply to any Unit, Condominium Building, or to any other portion of the Project owned by Declarant. In the construction, repair or replacement of Common Area Improvements, Declarant shall have .the right to modify plans -and specifications for ..Common Area Improvements, including the right to make on -site modifications (subject to on -site approval by building inspectors of the City or other governmental authority having jurisdiction) which may not be reflected in the plans and specifications for such Improvements. Section 7. Reconstruction of Condominiums. The reconstruction of any Condominium Building after destruction, which is accomplished in substantial compliance with the recorded, Condominium Plan covering the portion of the Covered Property in which such Condominium Building is situated, shall not require compliance with the provisions of this Article. 'Such reconstruction shall be conclusively deemed to be in substantial compliance with such Condominium Plan if it has received the approval of the Board. Section 8. No Liability. Neither Declarant nor the Committee, nor any member thereof, nor their duly authorized representatives, shall be liable to the Association or to any Owner for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder unless due to the willful misconduct or bad faith of the Committee. The Committee's review of plans submitted to it may be based solely on aesthetic considerations and the overall benefit or detriment which might result to the immediate vicinity and the Project generally. The Committee will not be responsible for reviewing, and its approval of any plan or design will not be deemed approval of, any such plan or design from the standpoint of structural safety or conformance with building or other codes. 56 RMBUS�DEO\229781.13 11/18/04 ARTICLE XIII RIGHTS OF INSTITUTIONAL HOLDERS OF MORTGAGES The following provisions are for the benefit of Institutional Holders, insurers and guarantors of first Mortgages on Condominiums within the Covered Property and shall apply notwithstanding any provision to the contrary set forth elsewhere in this Declaration or the Bylaws. These provisions apply only to "Eligible Holders" as defined below. . Section 1. Notices of Actions. Any Institutional Holder, insurer or guarantor of a first Mortgage who provides written request to the Association, stating the name and address of such holder, insurer or guarantor and the Condominium number, address or legal description of the particular Condominium encumbered (thus becoming an "Eligible Holder"), will be entitled to timely written notice of: (a) Any default by the Owner of such Condominium in the performance of such Owner's obligations under the Declaration or Bylaws which is not cured within sixty (60) days from the date of such default; (b) Any condemnation proceedings affecting the Project; (c) Any substantial damage to or destruction of the secured Condominium or any significant portion of the Common Area; (d) Any proposed termination of the Association; (e) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) Any proposed_ action which would require the consent of Eligible Holders as further described in this Article. Section 2. Rights of Institutional Holders Upon Foreclosure. Any Institutional Holder of a first Mortgage on a Condominium which comes into possession of that Condominium pursuant to judicial foreclosure or foreclosure by power of sale shall: (a) Acquire title in such Condominium free of any claims for unpaid assessments or charges against the Condominium accruing prior to the Institutional Holder's acquisition of title, and (b) Not be obligated to cure any breach of this Declaration which is noncurable or of a type which is not practical or feasible to cure and which took place prior to acquisition of title to the Condominium by the Institutional Holder. Section 3. Consent -of Eligible Holders. The consent of Eligible Holders shall be required in order to take the following -actions with respect to the Association and rights and obligations of Members and Eligible Holders: 57 RMBUS\DE0\229781.13 11/18/04 (a) Any restoration or repair of the Covered Property after a partial condemnation or damage due to an insurable hazard shall require the approval of the Eligible Holders holding first Mortgages on Condominiums that have at least fifty-one percent (51 %) of the votes of Condominiums subject to Eligible Holder Mortgages unless such restoration or repair is substantially in accordance with this Declaration and the original plans and specifications; (b) Any election to terminate the Association after _ substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders holding Mortgages on Condominiums that have at least fifty-one percent (51 %) of the votes of Condominiums subject to Eligible Holder Mortgages; (c) Unless at least seventy-five percent (75%) of the Owners (other than Declarant) and Eligible Holders holding Mortgages on Condominiums that have at least fifty-one percent (51 %) of the votes of Condominiums subject to Eligible Holder Mortgages have given their prior written approval, the Association and the Owners shall not be entitled to: (i) change the pro rata interest or obligations of any Condominium for the purposes of levying assessments and charges or allocating distributions of hazard insurance, proceeds or condemnation awards unless the change is due to the annexation of additional Phases as authorized in this Declaration or is due to the damage or condemnation of Units changing the number of Units in the Project; (ii) partition or subdivide any Unit or the Common Area; (iii) by act or omission seek to abandon, partition, subdivide, sell or transfer the Common Area. (the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area of the Project shall not be deemed a transfer within the meaning of this provision) unless due to the annexation of additional Phases as authorized in this Declaration; (iv) use hazard insurance proceeds for losses to any portion of the Project (whether to Units or the Common Area) for other than the repair, replacement or reconstruction of such Improvements, except as provided by statute in case of substantial loss to the Units and/or Common Area of the Project. Section 4. Amendments to Documents. The following provisions contained inthis Section do not apply to amendments. to the Bylaws or this Declaration or termination of the Association made as a result of destruction, damage or condemnation pursuant to subsections (a) and (b) of Section 3 above, or to the addition of land in accordance with Article XVII and a reallocation of interests in the Common Area which might occur pursuant to any plan of expansion or phased development previously approved for the Project. (a) The consent of one hundred percent (100%) of the voting power of the Association and the approval of the Eligible Holders of first Mortgages on*Units to which at least sixty-seven percent (67%) of the votes of Members owning Condominiums subject to such encumbrances pertain, shall be required to terminate the Association. (b) The consent of at least sixty-seven percent (67%) of the voting power of Class A members, the consent of the Class B member, and the approval of Eligible Holders holding first Mortgages on Condominiums that have at least fifty-one percent (51 %) of the votes of the Condominiums subject to Eligible Holder Mortgages, shall be required in order RM 3US\DE01229781.13 11/I8/04 to add or amend any material provisions of the Governing Documents that establish, provide for, govern or regulate any of the following: (i) voting rights; (ii) increases in assessments that raise the previously assessed amount by more than twenty-five percent (25%), Assessment 'liens or the priority or subordination of such- liens; (iii) reductions in reserves for maintenance, repair and replacement of the Common Area Improvements; (iv) hazard insurance or fidelity bond requirements; (v) reallocation of interests in the Common Area or Exclusive Use Common Area or rights to use the Common Area; (vi) responsibility for maintenance and repair of the Project; (vii) expansion or contraction of the Project or the addition, annexation or withdrawal of - property to or from the Association (unless the change is due to the annexation of additional phases or other rights of Declarant pursuant to Article XVII of this Declaration); (viii) redefinition of boundaries of any Condominium Building or Unit (except in the. event of reconstruction of a Condominium Building or Unit pursuant to Article IX of this Declaration); (ix) convertibility of Units into Common Area or Common Area into Units; (x) . establishment of self -management by the Association where professional management has previously been required or for a project consisting of fifty (50) or more Units; (xi) restoration or repair of the Project (after damage or partial condemnation) in a manner other than that specified in this Declaration; or (xii) any provisions included in the Governing Documents which are for the express benefit of Institutional Holders, Guarantors or Insurers of first Mortgages on Condominiums. Section 5. Additional Rights of Institutional Holders. Any Institutional Holder of a Mortgage on a Condominium in the Project will, upon request, be entitled to: (a) inspect the Governing Documents, the books and records and the financial statements "of the Association during normal business hours of the Association; (b) for projects consisting of fifty (50) or more Condominiums, receive an annual audited financial statement of the Association within one hundred and twenty (120) days following the end of -any fiscal year of the Association; (c) if no audited statement is available for Projects consisting of fewer than fifty (50) Units, have an audited statement prepared at its own expense; (d) receive written notice of all meetings of Owners and be permitted to designate a representative to attend all such meetings, and (e) jointly or- singly, pay taxes or other charges which are in default and which may become a charge against the Common Area, and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the Common Area on the lapse of such a policy, and Institutional Holders making such payments shall be owed immediate reimbursement therefore from the Association. Section 6. Information. Any Institutional Holder is authorized to famish information to the Board concerning the status of any loan encumbering a Condominium. Section 7. Priority of Mortgage Lien. No breach of the covenants, conditions or restrictions -contained in this Declaration, nor the enforcement of any lien provisions created herein, shall affect, impair, defeat or render invalid the lien of any first Mortgage made in good faith and for value, but all of the covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title to a Condominium is derived through foreclosure, trustee's sale, or otherwise. W1 RMBUS\DEO\229781.13 11/18/04 Section 8. Priority on Distribution of Proceeds. No Owner or any other party shall have priority over the Institutional Holder of the Mortgage on such Owner's Condominium in the case of a distribution of insurance proceeds or condemnation awards for losses to or a taking of the Condominium or Common Area. Section 9. Special FNMA-FHLMC Provisions. So long as required by The Federal National Mortgage Association ("FNMA") or The Federal Home Loan .Mortgage Corporation ("FHLMC"), the following provisions shall apply in addition to and not in lieu of the foregoing provisions contained in this Article. (a) Unless two-thirds (2/3) of the Institutional Holders of first encumbrances or Owners of Condominiums subject to such encumbrances give their consent, the Association shall not: . (i) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area which the Association owns, directly or indirectly; (ii) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; (iii) by act or omission change, waive or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of the Condominium Buildings and the Common Area; (iv) fail to maintain fire or extended coverage insurance, as required by this Declaration; or (v) use hazard insurance proceeds for any Common Area losses for other than the repair, replacement or reconstruction of such Property. (b) The Association agrees to give written notice to the FHLMC or its designated representative of any loss to, or taking of, the Common Area if such loss or taking exceeds Twenty -Five Thousand Dollars ($25,000.00) or damage to a Condominium covered by a first Mortgage purchased in whole or in part by the FHLMC which damage exceeds Five Thousand Dollars ($5,000.00). (c) If any loan secured by a Mortgage encumbering a Condominium is owned by the FHLMC, its successors or, assigns or is tendered to FHLMC, its successors or assigns for purchase, the Association and the Owners shall obtain and maintain in full force and effect all insurance coverages which may at any time be required by FHLMC, its successors or assigns and shall otherwise comply in all respects with all insurance requirements of FHLMC which may be in effect at any time. Section 10. Consent. An Eligible Holder which receives a written request to consent to an amendment or to any other action to which the Eligible Holder's consent is required or permitted by this Declaration, and which does not respond negatively within thirty (30) days after having received proper notice of the proposed amendment and request, provided the notice was delivered by certified or registered mail, return receipt requested, shall be conclusively deemed to have irrevocably consented to the amendment or other action. RMBUS\DEO\229781.13 11/18/04. ARTICLE XIV ENFORCEMENT OF BONDED OBLIGATIONS In the event that the Improvements to the Common Area of the Project have not been completed prior to the issuance of a Public Report for the Covered Property and the Association is obligee under a bond or other arrangement (the "Bond") to secure performance of the commitment of Declarant to complete such Improvements, the following provisions shall apply: _ (a) The Board shall consider and. vote on the question of action by the Association to enforce the obligations under the Bond with respect to any Improvements for which a Notice of Completion has not been filed within sixty (60). days after the completion date specified for such Improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion 'of any Common Area improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within thirty (30) days after the expiration of such extension. (b) In the event that the Board determines not to initiate action to enforce the obligations under the Bond, or in the event the Board fails to consider and vote on such question as provided above, the Board shall call a special meeting of the Members for the purpose of voting to override such decision or such failure to act by the Board. Such meeting shall be called according to the provisions of the Bylaws dealing with meetings of the Members, but in any event such meeting shall be held not less than thirty-five (3 5) days nor more than forty-five (45) days after receipt by the Board of a petition for such meeting, signed by Members representing not less than five percent (5%) of the total voting power of the Association. (c) The only Members entitled to vote at such meeting shall be the Owners other than Declarant. A vote at such meeting of a majority of the voting power of such Members, other than Declarant, to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement such decision by initiating and pursuing appropriate action in the name of the Association. 61 RMBUSTE0\229781.13 11/18/04 ARTICLE XV EMINENT DOMAIN Section 1. Definition of Taking. The term "taking" as used in this Article shall mean condemnation by eminent domain, or by sale under threat thereof, of all or part of the Project. Section 2. Representation by Association in Condemnation Proceeding. In the event of a taking, the Association shall, subject to the right of all Institutional Holders who have requested the right to join the Association in the proceedings, represent all of the Members in an action to recover all awards. No Member shall challenge the good faith exercise of the discretion of the Board's actions on behalf of the Association in fulfilling its duties under this Article. The Association is further designated as the sole representative of the Members in all aspects of condemnation proceedings not specifically covered herein. Section 3. Award for Condominiums. In the event of a taking of Condominiums, the Association shall distribute the award from the taking authority according to the provisions of this Section after deducting therefrom fees and expenses related to the condemnation proceeding including, without limitation, reasonable fees for attorneys and appraisers and court costs. In the event that the taking is by judgment of condemnation and said judgment apportions the award among the Owners and their respective Institutional Holders, the Association shall distribute the amount remaining after such deductions among such Owners and Institutional Holders on the allocation basis set forth in the judgment. In the event that the taking is by sale under threat of condemnation, or if the judgment of condemnation fails to apportion the award, the Association shall distribute the award among the Owners based upon the proportionate fair market value that each of the taken Condominiums bears to the total fair market value of all Condominiums in the Project so taken. The value of the respective Units for purposes of this . Section shall be based upon the relative estimated value of each Condominium as determined by the Association based on an appraisal prepared by an appraiser who is a M.A.I. member of the American Institute of Real Estate Appraisers. Nothing contained herein shall entitle an Owner to priority over the Institutional Holder of the Mortgage on his or her Condominium as to the portion of the condemnation award allocated to his or her Condominium. Section 4. Inverse Condemnation. The Association is authorized to, bring an action in inverse condemnation. In such event, the provisions of this Article shall apply with equal force. Section 5. Awards for Owners' Personal Property and Relocation Allowances. In the event of a taking, each Owner shall have the exclusive right to claim any award made for his or her personal property, and .any relocation, moving expense, or other allowance of a similar nature designed to facilitate relocation. The Association shall nevertheless represent each Owner in any action to recover all awards with respect to any personal property which may, at the time of the taking, be part of the real estate comprising any Condominium, and shall allocate to such Owner so much of any awards as is attributed in the 62 RMBUME0\229781.13 11/18/04 taking proceedings, or failing such attribution, attributable by the Association to such personal property. Section 6. Notice to Members. The Association, upon having knowledge of any taking or threat thereof, shall promptly notify all Members. W RMBUSMBO\229781.13 11/18/04 ARTICLE XVI OWNERSHIP AND EASEMENTS Section 1. . Ownership of Condominium. Title to each Condominium in the Project shall be conveyed in fee to an Owner. Ownership of each Condominium in the Pro j ect shall include (a) a Unit, (b) an undivided interest in the Building Common Area of the Condominium Building within which the Unit is situated as designated on the Condominium Plan, (c) a membership *in the Association; (d) an exclusive easement over any Exclusive Use Common Area appurtenant to such Condominium as described in this Declaration and/or the Condominium Plan and/or the deed from Declarant conveying the Condominium, and (e) easements over the Association Common Area as described in this Declaration, which each Owner shall have, subject to the terms and provisions of this Declaration and the other Governing Documents. Section 2. No Separate ConveLance. The interest of each Owner in the use and benefit of the Association Common Area and the Building Common Area shall be appurtenant to the Unit owned by the Owner. No Condominium shall be conveyed by the Owner separately from the interest in the Building Common Area or the right to use the Association Common Area. Any conveyance of a Unit shall automatically transfer the interest in the Building Common Area and the right to use the Association Common Area without the necessity of express reference in the instrument of conveyance. Anything in the Section hereof entitled "Amendments," to the contrary notwithstanding, this Section shall not be amended, modified or rescinded until Declarant has conveyed the last Condominium within the Project without (i) the prior written consent of Declarant, and (ii) the recording of said written consent in the office of the Riverside County Recorder. Section 3. Delegation of Use. Any Owner entitled to the right and easement of use and enjoyment of the Association Common Area within the Project may delegate such Owner's rights provided in this Declaration to the use and enjoyment of such Association Common Area to his or her purchasers under installment land sale contracts or renters who reside in such Owner's Unit, -subject to reasonable regulation by the Board. An Owner who has made such a delegation of rights shall not be entitled to the use or enjoyment of the Association Common Area or the Recreational Amenities therein for so long as such delegation remains in effect, other than access rights necessary for the Owner to exercise its rights and duties as landlord. Notwithstanding the foregoing, any Owner of a Lock -Off Unit may delegate such Owner's rights in the Common Area as follows: (a) any Owner who resides in a portion of the Lock -Off Unit shall be "entitled to the use and enjoyment of the Association Common Area and the Recreational Amenities in addition to such rights delegated to renters of the other portion of the Lock -Off Unit, and (b) any Owner who rents both portions of a Lock -Off Unit may delegate such rights to the renters of each portion of the Lock -Off Unit. Section 4. Partition. Except as provided in this Declaration, there shall be no -judicial partition of the Association Common Area or the Building Common Area or any part thereof, for the term of the Project, nor shall Declarant, any Owner or any other person acquiring any interest in any Condominium in the Project seek any such judicial partition. The undivided 64 RMBUS\DEO\2.29781.13 11/18/04 interest in the Building Common Area described herein may not be altered or changed as long as the prohibition against severability of interests in a Condominium remains in effect as provided in this Declaration. Section 5. Easements. The ownership interests in the Building Common Area, the Association Common Area and the Units described in this Article are subject to the easements of record and those granted and reserved in this Declaration, including, without limitation, the easements in the Exclusive Use Common Area described in this Declaration. Each of the easements reserved -or granted under this Declaration shall be deemed to be established upon -the recordation of this Declaration and shall henceforth be deemed to be covenants running with the land for the use and benefit of the Owners, their Condominiums, the Association, the Association Common Area, the Building Common Area and the Declarant, superior to all other encumbrances thereafter applied against or in favor of any portion of the Project. Individual grant deeds to Condominiums may, but shall not be required to, set forth the easements specified in this Article. Section .6. Declaration Subject to Easements. Notwithstanding anything herein expressly or impliedly to the contrary, this Declaration and the Project shall be subject to all easements shown on the final subdivision map for the Project; to all easements heretofore or hereafter granted by Declarant for the installation and maintenance of utilities and drainage facilities that are necessary for the Project, and to the access rights in favor of the City as described in Article =I, Section 22 of this Declaration. Section 7. Utilities. Easements over the Project for the installation and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities and any other utilities, cable television and high-speed internet lines (to service the Project, including, without limitation, the Units, the Clubhouse, and the Rental Program Facilities, including the Management Services Desk), and drainage facilities, as shown on the recorded map of the Project and as may be hereafter required or needed to service the Project, are hereby created by Declarant for the benefit of each Owner and the Association. Wherever sewer connections, water connections, electricity, gas, telephone, cable television lines and facilities, high-speed internet lines and facilities, drainage facilities or other utilities are installed within the Project, the Owners of Condominiums served by such connections, lines or facilities shall have an easement or right to the full extent necessary for the use and enjoyment of that portion of the connections which service his or her Condominium, and to have utility companies enter upon the Association Common Area or Building Common Area, in or upon which said connections, lines or facilities, or any portion thereof lie, to repair, replace and generally maintain those connections necessary, provided that such Owner or utility company shall promptly repair any damage to the Association Common Area or Building Common Area caused by such entry. The Owner of a Condominium shall have reasonable access to the Association Common Area and/or Building Common Area for the purpose of maintaining the internal and external telephone wiring, which is Exclusive Use Common Area appurtenant to his or her Condominium'. The access described in this paragraph is subject to the consent of the Association, whose approval shall not be unreasonably withheld, pursuant to California Civil Code Section 1364(f). 65 RUBUSME0\229781.13 11/18/04 Section 8. Encroachment. Declarant, its successors and assigns, and all future Owners, by acceptance of their respective deeds, covenant and agree as follows: (a) If any portion of the Common Area encroaches upon the Units, either as originally built, or in the event a Unit is partially or totally destroyed and then rebuilt, and if minor variances therefore exist between physical boundaries of the Unit and boundaries shown on a deed or the Condominium Plan, it shall be conclusively presumed that the physical boundaries are the correct boundaries. (b) The Common Area and each Unit is and shall always be subject to easements for minor encroachments thereon by the Units as a result of construction, reconstruction, repairs, shifting, settlement or movement of any portion of the Project, and if minor variances therefore. exist between physical boundaries of the Common Area and the Units, or - the physical boundaries between the Units, and the boundaries shown on a deed or the Condominium Plan, it shall be conclusively presumed that the physical boundaries are the correct boundaries. Section 9. Common Area Easements. Subject to the provisions of this Declaration and any Exclusive Use Common Area appurtenant to a Unit, each Condominium in the Project is hereby declared to have a nonexclusive easement over the Association Common Area, for the benefit of the Condominium, the Owner thereof, and for such Owner's respective family, invitees and renters, for ingress, egress and support (if necessary), and for the use and enjoyment of, in, to and over the Association Common Area within the Project, except that no. Owner shall have the right of access to any rooftop areas, any mechanical or operating areas, any equipment rooms, any Rental Program Facilities, or any other areas within the Project to which access has been restricted by this Declaration or by the Association, and such easement shall be appurtenant to and shall pass with title to every Condominium. Each Owner acknowledges that such easement rights include the right of each Owner to use the Private Drives, pedestrian walkways, and the Recreational Amenities which are situated throughout the Project, subject to the Association Rules and the provisions of this Declaration, including, without limitation, the following: (a) ' Suspend Rights of Members. The Board shall have the right, after Notice and Hearing, to temporarily suspend an Owner's rights as a Member (and those claiming under such Owner) pursuant to the terms of this Declaration. (b) Dedicate or Grant Easements. The Association shall have the right to dedicate and/or grant easements over all or any portion of the Association Common Area. (c) - Control Parkin. The Association shall have the right to assign, license or otherwise designate and control parking within the Project, and to promulgate Association Rules to control parking in a manner consistent with this Declaration. In no event, however, shall parking fees be charged nor shall such Association Rules discriminate between Owners and renters. (d) Eggy by Association. The Association and the Association's agents shall have the right to enter upon the Units and any Exclusive Use Common Area RMBUSIDE0\229781.13 11/18/04 appurtenant to the Units after Notice and Hearing (except in the event of an emergency in which case no prior notice need be given) to enforce the provisions of this Declaration or perform its maintenance, repair and other obligations under this Declaration. (e) Limit Invitees. Subject to the rights of the Operator of the Resort Rental Program and the written consent of the Declarant during the Declarant's Consent Period, the Association shall have the right to limit, on a reasonable basis, the number of invitees of the Owners using the Recreational Amenities and other facilities situated within the Association Common Area. Any such limitations or restrictions shall be set forth in the Association Rules and shall not discriminate between Owners and renters. (f) Restricted Areas. Subject to the rights of the Operator of the Resort Rental Program and the written consent of the Declarant during the Declarant's Consent Period, the Association shall have the right to restrict access to certain areas of the Project, including the roof, utility rooms, equipment rooms, Rental Program Facilities, and other areas deemed by the Association to be unsafe or inappropriate for entry. Section 10. Exclusive Use Easements. Each Owner in the Project is hereby declared to have an exclusive easement over the Exclusive Use Common Area, if any, appurtenant to the Owner's Unit, as set forth in the recorded Condominium Plan in which the Owner's Unit is described and depicted, or as otherwise described in this Declaration or in a Supplemental Declaration, for the benefit of the Condominium, the Owner thereof, and for such Owner's family, invitees and renters. Section 11. Interim Easements to Owners. Subject to the covenants, conditions, restrictions and easements contained in this Declaration and the Association Rules, non-exclusive easements in and to the Clubhouse, the Entry Improvements and the Private Street known as Lot B of Tract 31379 are reserved and granted to each Owner in the Project. Such easements shall be in substantially the same form as Exhibits "C-1", "C-2" and "C-3" attached hereto. Section 12. Association Easement. There is hereby reserved and granted to the Association and its agents, employees, contractors and designees, an easement over the Project, including, without limitation, the Association Common Area, the Building Common Area and the Units, for maintenance, operation, repair, restoration and replacement of the Project and for performing its duties and exercising its powers described in this Declaration. Section 13. Construction and Sales Easements. Declarant hereby reserves nonexclusive easements over the Project and all Phases thereof for construction, maintenance, repair and replacement, development, display, sales and exhibit purposes in connection with the construction and sale or lease of Units within the Project (including construction, maintenance, repair and replacement of Common Area Improvements), together with the right to grant and transfer some or all of the same to Declarant's contractors, sales agents, designees and representatives and prospective purchasers of Condominiums; provided, however, that such use shall not be for a period beyond the earlier of (i) ten (10) years from the conveyance of the first Unit by Declarant pursuant to a Public Report or (ii) one (1) year after the conveyance by Declarant of all Units within the Project. For the purposes of this Section a "Phase" shall be 67 RMBUS\DEO\229781.13 11/18/04 .deemed to be the last parcel, lot or Module anticipated to be developed with Units on the Covered Property, if no portion of another Phase is annexed to the Covered Property within the ten (10) year period following the issuance of the first Public Report for the sale of Condominiums within such Phase. The easements reserved hereby shall specifically include the right to maintain sales offices in model Units and/or temporary modular facilities at such location or locations throughout the Project as Declarant may deem appropriate, including, without limitation, the right to place signs including, without limitation, signs advertising Condominiums for sale, and the right to maintain temporary utility poles, lines and other facilities throughout the Project. The easements reserved hereby specifically include easements over the Common Area for common driveway purposes, for drainage and encroachment purposes, and for ingress to and egress from the Common Areas for the purpose of completing Improvements thereon or for the performance of necessary repair work and for entry onto adjacent property in connection with the development of additional Phases of the Project. Section 14. Easements for Resort Rental Progaxn Services. Declarant has reserved, in Article XXI, Section 2 of this Declaration, an easement for the use of those portions of the Clubhouse and the Project for the operation of the Management Services Desk and Rental Program Facilities and performance of functions relating to the Resort Rental Program described in Article = of this Declaration. Notwithstanding anything to the contrary set forth in this Declaration, in no event may such easement be modified or amended without the prior written consent of Declarant until the later to occur of the following: (i) the expiration of Declarant's Consent Period, and (ii) the assignment by Declarant to the Association of its rental management obligations as specified in Article NMI, Section 7 of this Declaration. Section 15. Entry Gates. Declarant shall have the right to exercise control over the entry gates which may be situated within the Covered Property until all Units in the Project have been conveyed to Owners under a Public Report or until Declarant, in its sole discretion, determines that the Association should take responsibility for control, maintenance and repair of some or all of the entry gates. The Association's obligation shall commence immediately upon receipt of written notice from the Declarant identifying the entry gates to be thereafter controlled and maintained by the Association. Notwithstanding who has responsibility for the entry gates, Declarant shall be entitled to have the entry gates remain open during regular business hours (including weekends and holidays) in order to conduct sales. The presence of entry gates on the Project is not a warranty or representation by -Declarant that any security is being provided to any Owner or to any Owner's Unit or personal property. Notwithstanding an, to the contrary set forth in this Declaration, in no event may this provision be modified or amended during the Declarant's Consent Period without the consent of Declarant. Section 16. Inspection Easements. Declarant hereby reserves a nonexclusive easement over the Project and all Phases thereof for the purpose of insuring that the Association operates . and maintains the Project in accordance with the Association's Common Area Maintenance Manual and the Operations Manual and complies with its operations, maintenance, repair and restoration obligations set forth in this Declaration. In addition, the Declarant shall have the right to inspect the books, records, budgets and financial statements of the Association during normal business hours or under other reasonable circumstances. of RMBUMBOW9781.13 11/18/04 Section 17. Establishment of Easements and/or Rights. The easements and rights of exclusive or nonexclusive use described in this Declaration shall be deemed established upon -the recordation of this Declaration, and shall thereafter be considered covenants running with the land for the use and benefit of all of the Condominiums and the Common Area, superior to all other encumbrances affecting any portion of the Project. Individual conveyances of Condominiums may; but shall not be required to, set forth such easements or rights. Section 18. No Easement for Light. Air and View.. No Owner shall have an easement for light, air or view over the Unit of another Owner or over the Common Area, and no diminution of light, air or view by any building or other Improvement now existing or hereafter erected shall entitle the Owner or anyone claiming an interest through or under Owner to claim any easement for light, air or view within the Project. :• RMBUSIDEO\229781.13 11/18/04 ARTICLE XVII INTEGRATED NATURE OF THE COVERED PROPERTY Section 1. Development of the Project. Declarant intends to develop the Project in Phases, annexing the property described in Exhibit `B-1." Declarant has submitted to the California Department of Real Estate a plan for phased development, which provides that the proposed annexation will not result in an overburdening of the Common Area. However, Declarant may elect not to develop all or any part of any Phase, to develop the Project in Phases of any size whatsoever, or to develop more than one Phase at any given time and in any given order. Declarant reserves the right to subject all or any portion of a Phase to the plan of this Declaration or of one or more separate declarations of covenants, conditions and restrictions which subject such property to the jurisdiction and powers of a homeowners association or other entity with powers and obligations similar to the Association and which is not subject to the provisions of this Declaration. Although Declarant shall have the ability to annex the real property described in Exhibit `B-1," Declarant shall not be obligated to annex all or any portion of such property. Annexed property shall not become subject to this Declaration unless and until a Supplemental Declaration describing such property is executed and recorded. Declarant further reserves the right to annex all or any part of certain real property, not currently owned by Declarant, described in Exhibit `B-2". Prior to annexing all or part of the property described in Exhibit "B-2", Declarant shall have submitted to the California Department of Real Estate a plan covering such property which provides that the proposed annexation will not result in an overburdening of the Common Area. The issuance of a Final Subdivision Public Report by the California Department of Real Estate covering any property described in the foregoing sentence shall conclusively deemed to be satisfaction of Declarant's obligation under the foregoing sentence. Although Declarant shall have the ability to annex the real property described in Exhibit "B-2", Declarant shall not be obligated to annex all or any portion of such property. Such property shall not become subject to this Declaration unless and until -a Supplemental Declaration describing such property is executed and recorded. Section 2. Annexation Without Approval and Pursuant to Plan. All or any part of the property described in Exhibits `B-1" and "B-2" may be annexed to and become subject to this Declaration and the jurisdiction of the Association without the approval, assent or vote of the Association or its Members, or Institutional Holders, provided that a Supplemental Declaration, covering the portion of the property described in'Exhibits `B-1" and `B-2" sought to be annexed, is executed and recorded by Declarant. The Association is obligated to accept any and all conveyances, to it by Declarant of fee simple title, easements or leases to all or portions of the property described in Exhibits `B-l" and `B-2". The recordation of a Supplemental Declaration shall constitute and effectuate the annexation of the real property described therein, making that property subject to this Declaration and the jurisdiction of the Association, and thereafter the annexed property shall be part of the Covered Property and all Owners of Condominiums in the annexed property shall automatically be Members of the Association. 70 RMBUSDE0\229781.13 11/18/04 Should Declarant undertake a rental program in any annexed Phase (for Condominiums owned by Declarant), and should that program remain in effect for a period of at least one (1) year prior to the date of the close of escrow for the first sale of a Condominium within that annexed Phase, Declarant shall execute a written commitment to pay to the Association, concurrently with the closing of such first escrow for a sale of a Condominium in the annexed Phase, appropriate amounts for reserves for replacement or deferred maintenance of Common Area Improvements in such annexed Phase necessitated by or arising out of the use and occupancy of Units under such a rental program. Section 3. . Annexation Pursuant to Approval. Upon approval in writing of the Declarant during the Declarant's Consent Period and the vote or written assent of two-thirds (2/3) of the Members other _ than Declarant, the Association may record a Supplemental Declaration to add property, other than the property described on Exhibits `B-1" and. `B-T% to the plan of this Declaration and to subject such property to the jurisdiction of the Association. Section 4. Supplemental Declarations. The annexations authorized under the foregoing sections shall be made by recording a Supplemental Declaration of Covenants, Conditions and Restrictions, or similar instrument, describing the property which is being annexed. Such Supplemental Declarations may contain complementary additions and modifications of the covenants, conditions and restrictions contained in this Declaration as necessary to reflect the different character or intended use, if any, of the annexed property and as are not inconsistent with the plan of this Declaration. Without limiting the foregoing, such complementary additions and modifications may include, without limitation, the establishment of a vacation club, residence club or similar program as described in Section 13, Article XIX, which program shall not be deemed to be inconsistent with the overall plan of development set forth in this Declaration. Section 5. Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, the Association's properties, rights and obligations may, by operation of law, be transferred to the surviving or consolidated association, or, alternatively, the properties, rights and obligations of another association may, by operation of law, -be added to the properties, rights and obligations of the Association as a surviving corporation. The surviving or consolidated association may administer the covenants, conditions and restrictions established by this Declaration within the Covered Property, together with the covenants and restrictions established upon any other property as one plan. Section 6. Right of De -Annexation. Declarant reserves the right to de -annex any property which may be annexed to the Project pursuant to Section 2 of this Article and to delete such property from the common plan described herein and from the jurisdiction of the Association. Such deannexation shall be effected prior to the conveyance of any Condominium within the property to be deannexed. 71 RMBUS\DEO\229781.13 11/18/04 ARTICLE XVIII ENFORCEMENT Section 1. Enforcement and Nonwaiver. (a) Rights of Enforcement of Governing Documents. The Association and/or any Owner shall have a right of action against any Owner, and any .Owner shall have a right of action against the Association,to enforce by proceedings at law or in equity, all covenants, conditions and restrictions, now or hereafter imposed by the provisions of the Governing ,Documents or any amendment thereto, including, without limitation, the right to - prevent the violation of such covenants, conditions or reservations and the right to recover damages or other amounts for such violation except that Owners shall not have any right of enforcement concerning Assessment liens. The Association shall have the exclusive right to the enforcement of provisions relating to collection of 'assessments, architectural control and the Association Rules. Failure of the Association, Declarant or any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. (b) Procedure. for Enforcement. Notwithstanding anything to the contrary set forth in subsection (a) above, in enforcing any action under the Governing Documents for monetary damages, the parties shall comply with' the provisions of California Civil Code Section 1354 and any successor statute or law. The Board shall annually provide to the Members a summary of the provisions of California Civil Code Section 1354 and any successor statutes or laws, which shall include the language required and shall be delivered in the manner provided in Civil Code Section 1365. The exception for disputes related to Association Assessments set forth in Section 1354 shall not apply to disputes between a Member- and the Association regarding Assessments imposed by the Association, if the Member chooses to pay in full to the Association all of the Assessments as specified in California Civil Code Section 1366.3 and any successor statutes or laws. Section 2. Notice of Actions Against Declarant. The Association shall comply with the provisions of Civil Code Section 1368.4. and any successor statutes or laws, prior to the filing of any civil action by the Association against the Declarant or other developer of the Project for either alleged damages to the Common Area or other property within the Project that the Association is obligated to maintain or repair, or alleged damage to any other portion of the Project that arises out of, or is integrally related to, such damage to the Common Area or other property within the Project that the Association is obligated to maintain or repair. Such notice shall specify all of the matters set forth in Section 1368.4 and any successor statutes or laws. 72 RMBUS 1DE0\22.9781.13 11/18/04 ARTICLE XIX GENERAL PROVISIONS Section 1. Severability of Covenants. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. Section 2. Term. The covenants and restrictions of this Declaration shall run with and bind the Covered Property and the Project, and shall inure to the benefit of and be enforceable by the Association or the Owners, their legal representatives, heirs, successors and assigns until sixty (60) years after the date this Declaration is recorded, after which date they shall automatically be extended for successive periods of ten (10) years, unless an. instrument signed by seventy-five percent (75%) of the then Owners and their respective Institutional Holders has been recorded (i) within the year preceding the end of the original sixty (60) year period, or (ii) within the year preceding the beginning of each successive period of ten (10) years, agreeing to terminate this Declaration. Section 3. Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a phased Common Interest Development consisting of a Condominium project and for the maintenance of the Recreational Amenities and Common Areas. In case of any- conflict between this Declaration and the Articles or Bylaws of the Association, this Declaration shall control. The article and section headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. Section 4. Amendments. Subject to the rights of Institutional Holders described in Article XIII above, this Declaration may be amended only by the affirmative assent or vote of both (i) sixty-seven percent (67%) of the voting power of the Association, including the voting power of the Declarant, and (ii) sixty-seven percent (67%) of the voting power of Members other than Declarant; provided, however, that the, percentage of voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause; provided further, that if the three -class- voting structure as provided by this Declaration is stir in effect, this Declaration may riot be amended without the vote or written assent of sixty-seven percent (67%) of the voting power of Class A Members and the written consent of the Class Member. In the event that a majority of votes required car mot be obtained in favor of an amendment, the Association, or any Owner may petition the Superior Court of the County for an order reducing the percentage of affirmative votes required. The filing of any such petition shall be in compliance with the procedures set forth in California Civil !,Code Section 1356. Notwithstanding any other provision of this Declaration, in the event that any further modification of this Declaration is required in order to comply with requirements of governmental or quasi -governmental corporations or agencies such as the Veterans Administration (VA), Federal Housing Administration (FHA), Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA), Federal Home Loan 73 RMBUSVEo1229781.13 11/18/04 Mortgage Corporation (FHLMC) or the like, such modifications may be effected by an amendment executed and recorded by the Class B member alone. Such modifications shall be for the benefit of and not impose any increased burden upon the Owners. Any such modifications to this Declaration shall also require approval by the California Department of Real Estate. This amendment provision shall not be amended to allow amendments. by the assent or vote of less than the prescribed percentage of voting power required for amendments hereof except by court order as set forth above. An amendment or modification shall be effective when executed and acknowledged by the Secretary of the Association, who shall certify that the amendment or modification has been approved as provided herein, and recorded in the official records of the County. No amendment or modification of this Declaration which would adversely affect the rights of the City or .other governmental authority having jurisdiction to enforce the terms and provisions of this Declaration as they relate to the maintenance of the Common Area, structures and landscaping within the Project, terminate or materially impair the powers and duties of the Association as set forth in this Declaration, or interfere with the rights of ingress and egress to any Unit or the Common Area shall be effective without the prior written consent of the Planning Director of the City or other governmental authority having jurisdiction. This Declaration may be amended by the Board and the Owners in accordance with California Civil Code Section 1355.5,, in order to delete provisions relating to construction or marketing, at such time as such provisions are no longer operative for the benefit of Declarant or any successor, all in accordance with the provisions of such section. The Association may amend this Declaration in order to correct a scrivener's error or other defect or omission by the affirmative vote of two-thirds (2/3) of the Board without the consent of the Members, provided that such amendment does not materially and adversely affect, . . the rights of Owners, Institutional Holders or others holding liens or mortgages on any portion of the Project. Any such amendment shall be signed by the President and Secretary of Elie Association, and shall be recorded in the Official Records of the County. Copies of such recorded amendment shall be sent to all Owners and Institutional Holders. In the event that the Project receives VA project approval, any amendment to this Declaration or the other Governing Documents, excluding the amendments to add Phases, while Declarant is in control of the Association must be approved by the Veterans Administration. Section 5. Dissolution. Except as expressly provided to the contrary in this Declaration, so long as there is any Condominium for which the Association is obligated to provide management, maintenance, preservation or control, the Association. may be dissolved or may transfer all or substantially all of its assets only by the approval by written vote of one hundred percent (100%) of the total voting power of Members. Section 6. Nonlia_ bility of Officials. To the fullest extent permitted by law, neither the Board, the ArchitecturalCommittee, any other committees of the Association or any member of such Board or committee shall be liable to any Member of the Association for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defective), course of action, act, omission, 74 RMBUME01229781.13 11/18/04 error, negligence or the like made in good faith within which such Board, committees or persons reasonably believed to be the scope of their duties. Section 7. Information to Owners and Disclosure to Prospective Purchasers. (a) Information Provided by Association to Owners. Within ten (10) days after the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following information: (i) whether, to the knowledge of the Association, the Owner or the Owner's Condominium is in violation of any of the provisions of this Declaration, the Articles, Bylaws, or Association Rules; (ii) the amount of Regular and Special Assessments, including installment payments, paid by the Owner during the fiscal year the request is received; (iii) the amount of any Assessments levied against the Owner's Condominium that are unpaid as of the date of the statement, including any late charges, interest, or costs of collection that as of the date of the statement are or may be made a lien against the Owner's Condominium as provided by this Declaration, the Articles, Bylaws, or Association Rules; and (iv) any change in the Association's current Regular and Special Assessments and fees approved by the Board but not yet due and payable as of the date of the disclosure. In addition, the Association shall, within ten (10) days after the mailing or delivery of a written request by any Owner, provide copies of any Association documents requested by the Owner. The Association may charge a fee for this service, which shall not exceed ' its reasonable cost to prepare and reproduce such items. (b) Disclosure Information Provided by Owner to Prospective Purchaser. Each Owner of a Separate Interest, other than Declarant, shall, as soon as practicable before transfer of title to the Separate Interest or execution of a real property sales contract therefore, provide the following to the prospective purchaser: (i) . A copy of the Governing Documents; (ii) ' If -there is a restriction. in the Governing Documents limiting the occupancy, residency or use of a Separate Interest on the basis of age in a manner different from that provided in Section 51.3 of the California Civil Code, a statement that the -restriction is only enforceable to the extent permitted by Section 51.3 and specifying the applicable provisions of Section 51.3; (iii) A copy of the most recent documents distributed to the Members pursuant to the Bylaws and California Civil Code Section 13655 which documents are described in the Bylaws; (iv) A true statement in writing from an authorized representative of the Association as described in subparagraph (a) of this Section; and (v) If applicable, and in accordance with California Civil Code Section 1368 (a)(6) and (a)(7), a- copy of the preliminary list of defects provided to each Member of the Association pursuant to California Civil Code Section 1375 (pertaining to actions for damages against common interest development builders, developers or general contractors) and, 75 RMBUSVE0\229781.13 11/18/04 if applicable, a copy of the latest information provided for in California Civil Code Section 1375.1 (pertaining to settlement agreements regarding alleged defects 1n the common areas). (c) Transfer Costs. Except as otherwise expressly set forth in this Declaration, the Association shall not impose or collect any assessment, penalty, or fee in connection with the transfer of title or any other interest, except the Associations actual costs to change its records and those fees authorized by subsection (a) above. (d) Liability for Failure to Disclose. The provisions of this Section are in accordance with California Civil Code Section 1368, which provides that any person or entity who willfully violates Section 1368 shall be liable to the purchaser of a Separate Interest which is subject to this Section for actual damages occasioned thereby and, 1n addition, shall pay ac�s il penalty in an amount not to exceed Five Hundred Dollars ($500.00). In an action to enforce liability, the prevailing party shall be awarded reasonable attorney's fees. (e) Valid Title. Nothing in this Section affects the validity of title to real property transferred in violation of this Section. (f) Other Disclosure Requirements. The requirements contained 4 this Section are in addition to the requirements of California Civil Code Sections 1133 and 113 which may impose additional disclosure requirements upon a transferring Owner. Section 8. Violation of Declaration. The result of every act or omission, whereby any provision, condition, restriction, covenant, easement, right or reservation contained in this Declaration is violated is hereby declared to be and- constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result, and may be exercised by the Architectural Committee and the Association. Such remedy shall be deemed cumulative and not exclusive. Section 9. Statutory References; Fixed Amounts. References in this Declaration or the Bylaws to specific statutes -or provisions of California law shall include those statutes or provisions as they may be modified or amended from time to tune. References u1 Declaration or the Bylaws to specific dollar amounts or percentage rates shall be modified from time to time as the dollar figures or percentage rates in statutes upon which they are based are modified. Any modification -of this Declaration or the Bylaws resulting from the application of this Section may be effected by a validly adopted resolution of the Board, without utilizing g the formal amendment procedures contained herein or in the Bylaws. Section 10. Common Plan Declaration. The covenants, conditions and restrictions set forth in this Declaration constitute a - general program for the development, protection and maintenance of the Project to enhance its value, desirability and attractiveness for the benefit of all Owners. By acquiring any ownership interest in a Condominium subject to this Declaration, each person or entity, for himself, herself or itself, and for such Owner's heirs, personal representatives, successors, transferees and assigns, agrees to be subject to all he provisions, restrictions, covenants, conditions, rules and regulations now or hereafter imposed by this Declaration. Declarant, by this Declaration, sets forth a program for the improvement and development of the Project and hereby evidences its intent that all the restrictions, conditions, 76 RU BUsDE0\229781.13 11/18/04 covenants, rules and regulations contained herein shall run with the land aid be binding on all future Owners, grantees, purchasers, assignees, and transferees. Section 11. Limitation of Restrictions on Declarant. Declarant, in undertaking the work of construction, marketing and sale of Condominium Buildings, Units and incidental Improvements upon the Project, and, as set forth in this Section, shall be exempt from restrictions with respect to the activities described in subparagraphs (a) through (d) below. The completion of Declarant's work and the sale, rental, and other disposal of Units is essential to the establishment and welfare of the Project as a residential community. In order that said work may be completed and the Project be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or construed to prevent Declarant, a successor, or their respective agents from: (a) Doing on the Project whatever is reasonably necessary or advisable in connection with the completion of said work; (b) Erecting, constructing, and maintaining on any part or parts of the Project such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing the Project as a residential community and disposing of the same by sale, lease, or otherwise; (c) Conducting on any part of the Project its business of completing said work and of establishing and implementing a plan of ownership and disposing of the Project, or the individual Units, by sale, lease, or otherwise, or (d) Maintaining such sign or signs on the Project as may be necessary for the sale, lease, or disposition thereof; provided, however, that the maintenance of any such sign shall not unreasonably interfere with the use by any Owner of his or her Unit or the Common Areas. This Section may not be modified, terminated, or otherwise amended or altered without written approval by Declarant until the earlier of (a) ten (10) years from conveyance of the first Unit by Declarant, or (b) six (6) months following conveyance of the last Unit sold in the fully annexed Project, after which time it shall terminate and be of no further force and effect. Any act attempting or purporting to effect such change, or to adversely affect the rights granted to or reserved by Declarant hereunder, shall be void and of no force or effect. Section 12. Declarant's Obligation to Deliver Documents to Association. Declarant shall deliver to the Board certain documents, in a timely manner, all as specified in Article VII, Sections 1 and 2 of the Bylaws. Section 13. Declarant's Reservation of Use Rights. Declarant hereby reserves the right to develop, operate, use and/or sell one or more Units within the Covered Property as'a vacation club, residence club or similar program, to the extent permitted by applicable law. The Owners and the Association are prohibited from taking any action, adopting any amendment to this Declaration, or promulgating any rule that interferes with the rights reserved by the 77 RMBUSIDF01229781.13 11/18/04 Declarant under this Section 13, unless the Declarant first consents in writing to any such action, amendment or rule. Section 14. Common Area Inspections. The Board shall require strict compliance with all provisions of this Declaration and shall periodically cause a compliance inspection of the Project to be conducted to report any violations thereof. The Board shall also cause conditions -inspections of the Common Area and all Improvements thereon to be conducted in conformance with the Association's Common Area Maintenance Manual and the Operations Manual, and in the absence of inspection frequency recommendations in the Association's Common Area Maintenance Manual and the Operations Manual, at least once every three (3) years in conjunction with 'the inspection -required for the reserve study to be conducted as required herein, in the Bylaws or by State law, to (a) determine whether the Common Area is being maintained adequately in accordance with the standards of maintenance established herein; (b) identify the condition of the Common Area and any Improvements thereon, including the existence of any hazards or defects, and the need for performing additional maintenance, refurbishment, replacement, or repair; and (c) recommend preventative actions which may be taken to reduce potential maintenance costs to be incurred in the future. The Board shall, during its meetings, regularly determine whether the recommended inspections and maintenance activities set forth in the Association's Common Area Maintenance Manual and the Operations Manual have been followed and, if not followed, what corrective steps need to be taken to assure proper inspections and maintenance of the Common Area and all Improvements thereon. The Board shall keep a record of such determinations in the Board's minutes. The Board shall keep Declarant fully informed of the Board's activities under this Section. The Board shall employ, consistent with reasonable cost management, such experts, contractors and consultants as are necessary to perform the inspections and make the reports required by this Section. The Board shall prepare a report of the results -of each of the inspections required by this Section. For a period of ten (10) years after the date of the last close of escrow for a Unit in the Project pursuant to a Final Subdivision Public Report, the Board shall also furnish to Declarant (x) the report of each condition inspection performed for the Board, whenever such inspection is performed and for whatever portion of the Common Area that is inspected, within thirty (30) days after the completion of such inspection, .and (y) the most recent condition inspection report prepared for any portion of the Common Area, within ten (10) days after the Association's receipt of a written request therefore from Declarant. 78 RMBUS1DBO\229781.13 11/18/04 ARTICLE XX CLUBHOUSE Section 1. Clubhouse Ownership and Easement. By accepting the deed to a Condominium, each Owner, for himself or herself, and his or her family members, invitees, renters, personal representatives, assigns and heirs, collectively (the "Owner Related Parties"), hereby acknowledges that the Clubhouse is a Recreational Amenity of the Project and will be owned by Declarant until it is annexed to the Project and conveyed to the Association. Declarant shall retain the right to own, manage, maintain, repair, replace and operate the Clubhouse until the conveyance of the first Condominium in the final anticipated Phase of the Project, or the tenth (loth) anniversary of the first conveyance of a Condominium in the initial Phase of the Project, whichever occurs first. The Owners in the Project shall have an easement to use and enjoy the Recreational Amenities in the Clubhouse prior to its conveyance to the Association as described in Section 11, Article XVI of this Declaration, subject to reasonable rules promulgated by Declarant. Section 2. Clubhouse Management. Notwithstanding the conveyance of the Clubhouse to the Association and the Association's assumption of responsibility for the control, maintenance and repair of the Clubhouse, Declarant reserves the right to convey the Clubhouse to the Association subject to a management contract with CNL Resort Desert Real Estate, Inc. dba KSL Real Estate Company ("KSL") or any other third party designated by Declarant ("Clubhouse Management Contract"), which Clubhouse Management Contract will be assumed by the Association and will specifically cover the operation and management of the Clubhouse, separate and apart from the Association's overall management agreement with a Managing Agent. Upon conveyance of the Clubhouse to the Association subject to such Clubhouse Management Contract, the term of such Clubhouse Management Contract will continue on an annual automatic renewal basis unless, at least ninety (90) days prior to the. end of any annual term, the membership of the Association, pursuant to a sixty-seven percent (67%) vote or written consent of the Members other than Declarant, votes to terminate such Clubhouse Management Contract effective, as of the end of such one (1) year term. In such event, the Association shall immediately notify the manager under such contract, in writing, of such termination. Section 3. - Contribution to Cost of Operation. Declarant and the Association may enter into a contract for the maintenance, management and operation of the Clubhouse by Declarant, which contract will have a term commencing with the initial conveyance of a Condominium in the first Phase ofthe Project to a member of the general public, and ending upon the actual conveyance of the Clubhouse to the Association. Such contract may provide that the Association shall contribute to the overall cost of the maintenance, repair, replacement, management and operation of the Clubhouse during the term of such contract, provided the California Department of Real Estate has approved such contract. The costs incurred by the Association in connection with any such contract shall be assessed to the Owners as a Clubhouse Assessment (as defined in Article I, Section 5(f) of this Declaration). 79 RMBUSMEON229781.13 11/18/04 Section 4. Management Services Desk. Certain Rental Program Facilities, including a Management Services Desk, will be located in the Clubhouse. Declarant has reserved, in Article =, Section 2 of this Declaration, an easement for the- use of those portions of the Clubhouse and the Project for the operation of the Management Services Desk and Rental Program Facilities and performance of functions relating to the Resort Rental Program described in Article XXI of this Declaration. Section 5. - .Amendment. Notwithstanding anything to the contrary contained in this Declaration, no amendments or revisions to the provisions contained in this Article XX may be made during the Declarant's Consent Period to this Declaration without the prior written consent of Declarant. 80 RMBUS\DEM229781.13 11/18/04 ARTICLE XXI RESORT RENTAL PROGRAM Section 1. Acknowled eg merit. By accepting the deed to a Condominium, each Owner, for himself or herself and the Owner Related Parties, hereby acknowledges that the Project is a residential community subject to the terms and conditions of the Development Agreement and the Villa La Quinta Specific Plan 2003-065 (the "Specific Plan") which contemplate substantial short term rentals of Units within the Project, including, in furtherance of such use, restrictions on the length of the term of rentals as set forth in this Declaration and the establishment of a rental program to facilitate short term rentals of Units by Owners. Notwithstanding the foregoing, no individual Owner is required to rent such Owner's Unit. Section 2. Easements for Resort Rental Program Services. Declarant, for itself and for the Operator performing Resort Rental Program services hereunder, and their respective agents, contractors and employees, hereby reserves easements over the Project and all Phases thereof for the use, maintenance, repair, replacement and operation of the Management Services Desk located in the Clubhouse (as described and depicted in Exhibit "D"), for the use, maintenance, repair, replacement and operation of the Rental Program Facilities located throughout the Project, and for the maintenance of the Units included in the Resort Rental Program, including, without limitation, the provision of housekeeping and all of the services related to or in furtherance of the Resort Rental Program. Without in any way limiting the foregoing, the easements herein described shall include a floating easement over and under the Project and all Phases thereof for the purpose of installing, connecting, operating, maintaining and replacing cable lines and appurtenant improvements, which may now exist or which may in the future be installed, including, without limitation, lines running between the Management Services Desk, the Units and the La Quinta Resort & Club TM (the "Hotel") located to the southeast of the Project. Section 3. No Competing On -Site Rental Programs. The Operator of the Resort Rental Program shall have an easement and right to use the Rental Program Facilities and to operate the Resort Rental Program from the Management Services Desk and the other Rental Program Facilities. No other rental management program, agency, service or operation shall be located in permanent or temporary facilities on any portion of the Project for the purpose of conducting, operating or maintaining an on -site rental facility, service, agency or program. Nothing herein, however, shall prohibit or limit any Owner from entering into a rental management contract with respect to such Owner's Unit or Units with any off -site rental manager, agent or operator provided such off -site rental manager, agent or operator complies with the City imposed requirements of Article =I of this Declaration entitled "CITY REQUIREMENTS." Section 4. Overator. Until such time as Declarant assigns its obligations under the Development Agreement to the Association as provided in Article XXII, Section 7 of this Declaration, Declarant, its successors and assigns, shall have the right to designate who shall serve as Operator of the Resort Rental Program. As of the date of recordation of this Declaration, Declarant has entered into an agreement with KSL entitled the "Rental Management 81 RMBUSME01229781.13 11/18/04 Services Agreement," pursuant to which the Owners in the Project shall have the right but not the obligation to contract with KSL with respect to the rental of their Units, subject to the terms and conditions specified in' the Rental Management Services Agreement. Declarant designates KSL as the initial Operator the - Resort Rental Program. However, there is no guarantee by Declarant, KSL, the Association or any other person or entity that KSL will continue to be the Operator of the Resort Rental Program for any period of time. KSL's rights and obligations with respect to acting as the Operator of the Resort Rental Program and providing rental management services to Owners in the Project are set forth in the Rental Management Services Agreement. Section 5. Amendment. Notwithstanding anything to the contrary- in this Declaration, no amendment to the provisions contained in this Article YM may be made during the Declarant's Consent Period to this Declaration without the prior written consent of the Declarant, its successors or assigns. 82 RU BUSOE0\229781.13 11/18/04 ARTICLE =I CITY REQUIREMENTS Section 1. City Requirements. The provisions of this Article XXII are included herein pursuant to City requirements and conditions of approval for this Project. The Association and/or the Owners, as applicable, shall comply with the provisions of this Article. Section 2. Development Agreement. The Development Agreement provides,. among other things: (a) that Declarant shall pay a one-time mitigation fee (as described in Section 3 below); (b) that the Association shall collect and pay an Annual Mitigation Fee (as described in Section 4 below); (c) that the Project is subject to payment of TOT (as described in Section -5 below); (d) that the Association shall operate a Rental Tracking System (as described in Section 6 below), and (e) that the City shall be granted adequate enforcement rights as to the provisions implementing the Development Agreement. Section 3. One -Time Mitigation Fee. Declarant has paid or will pay to the City of La Quinta a one-time mitigation fee in the amount of Two Thousand Five Hundred Dollars ($2,500.00) per Unit for each Unit constructed in the Project, with such payment due, as to each Unit, on or before the date the building permit is issued for each such Unit. Section 4. Annual Mitigation Fee. Assessments collected by the Association shall include, but are not limited to, the Annual Mitigation Fee, which shall be collected by the Association as follows: (a) The Annual Mitigation Fee, which commences at the rate of One Thousand Dollars ($1,000.00) per year per Unit for each Unit that has been sold to an Owner pursuant to a Final Subdivision Public Report, as evidenced by a recorded deed for such Unit, is due each July 1 s' (the "Annual Mitigation Payment Date") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year"); provided, however, that the first Operative Year shall commence on the Effective Date of the Development Agreement and end on the next occurring June 30. The Effective Date of the Development Agreement is December 12, 2003, � and the Development Agreement expires on December 11, 2053. The Annual Mitigation Fee shall be payable each Operative Year during the term of the Development Agreement for each Unit, regardless of when or in which Operative Year the Unit was conveyed. As provided in Section 3.3.03 of the Development Agreement, the Annual Mitigation Fee may be reduced or terminated based on the TOT generated by the Project and paid to the City. (b) The Annual Mitigation Fee shall be adjusted annually (up but not down) by the Consumer Price Index ("C.P.I.") as set forth in Section 3.3.04 of the Development Agreement. (c) The Association is responsible for collecting the Annual Mitigation . Fee and forwarding it to the City of La Quinta along with a report as to the Units for which payment is being made, as required by the Development Agreement. F."M RMBUSOE0\229781.13 11/18/04 (d) As provided in the Development Agreement, the Annual Mitigation Fee will be reduced to Five Hundred Doars ($500.00) per year per Unit if the City has received TOT from rentals of Units in the Prollject in excess of Five Hundred Thousand Dollars ($500,000) for three consecutive Operative Years during the term of the Development Agreement, and shall be entirely eliminated if the City has received TOT from rentals of Units in the Project in excess of One Million Dollars ($1,000,000) for any three consecutive Operative Years during the term of the Development Agreement, all as more particularly described in Section 3.3.3 of the Development Agreement. Section 5. Transient Occupancy Tax. Any rental of a Unit shall be subject to the collection and payment of the TOT to be collected and paid to the City in accordance with applicable state and local laws, regulations and ordinances, and all rentals of Units are restricted to periods of thirty (30) consecutive days or less, all as described in Article IV, Section 14 of this Declaration. Section 6. ' Rental Tracking System. The Association shall establish and operate throughout the term of the Development Agreement a rental tracking system ("Rental Tracking System") to be administered by the Association or its agents or contractors. The Association shall designate and notify the City of the Rental Tracking System administrator. Each Owner (or such Owner's rental agent, including, if applicable, the Operator of the Resort Rental Program) shall report, in writing, any rental of such Owner's Unit to the Rental Tracking System administrator. Owners and their agents shall be responsible for reporting to the Rental Tracking System administrator the following information for all rentals of all Units within the Project: (a) Unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment; (d) the rental agent, if any; and (e) the name of the renter. The Rental Tracking System administrator shall use all reasonable diligence to assure that all such information is collected. The Rental Tracking System administrator shall provide monthly written reports summarizing the information collected pursuant to (a) through (d), inclusive, as an aid to the City in assuring that the proper collection of applicable TOT is occurring. The City shall have the right to audit the records of Rental Tracking System administrator upon two (2) business days' written notice to such administrator. Declarant or the Association shall notify the City of the name and contact information of the Rental Tracking System administrator on or before the date that the first certificate of occupancy is issued for a Unit in the Project. It shall be the obligation of the Association to notify the City of any redesignation of the Rental Tracking System administrator. On an annual basis, the Rental Tracking System administrator shall provide an information brochure to all Owners of Units describing: (1) the limitation on renting Units for more than thirty (30) consecutive days; (2) the obligation to collect TOT on rentals; (3) the obligation that Owners or their agents report all rentals to the Rental Tracking System administrator as required by this Declaration; and (4) contact information for the Rental Tracking System administrator and the entity or entities providing rental management opportunities that are known to be available to Owners under the Resort Rental Program described below. Section 7. Rental Management Progrram. Declarant is responsible under the Development Agreement for ensuring that, for the term of the Development Agreement, one (1) or more contracts shall be in effect at all times which provide opportunities to the Owners of the Units to have the ability to make their Units available for rental periods of up to thirty (30) RMBUSOB0\229781.13 11/18/04 consecutive days. The rental management contracts may, but are not required to be, with an on - site rental management agent. Declarant may, at its election, assign this obligation to the Association in accordance with the provisions of the Development Agreement. If Declarant so elects, the Association shall accept such assignment. Upon the recordation of this Declaration and the execution and recordation of an assumption and assignment agreement (in the form set forth in Exhibit "D" to the Development Agreement), the obligations set forth in Sections 3.3.3, 3.3.4, 3.3 r6 and 3.3.7 of the Development Agreement shall be the obligation of the Association and Declarant shall no longer be responsible for their implementation. Section 8: Architectural Changes Require City Approval. The Units within the Project have been designed to facilitate short-term rental of the Units. Any material modification of the design or floor plan of a Unit by the Owner of such Unit is prohibited, except with the prior separate approval of the City's Community Development Director. All substantial architectural changes in the Project shall be reviewed and approved by the City's Architecture and Landscaping Review Committee (ALRC) and the City Planning Commission. Section 9. Enforcement by the City of La Quinta. (a) Each Owner acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall .be expressed in any such deed or other instrument, that each of the covenants, conditions and restrictions set forth in this Article =I (hereinafter "the City Requirements") benefit the City, and that the City has a substantial interest to be protected with regard to assuring compliance with, and enforcement of, the City Requirements and any amendments thereto. (b) The City Requirements shall run in favor of the City, and all such covenants, conditions and restrictions shall be enforceable against the Declarant, the Association, and each Owner by the City by proceedings at law or in equity or, at the City's option, by any method available to the Association as provided elsewhere in this Declaration. (c) In addition to its right to bring an action at law or in equity for violation of the City Requirements, the City shall have the same rights and remedies to enforce a breach of a provision of the City Requirements that is enforceable by the City that the Association has to enforce a breach of this Declaration, at the expense of the violating party, and to charge an assessment against an Owner or the Association for a breach of a provision of the City Requirements that is enforceable by the City, upon providing the Owner or the Association with such notices and hearing opportunities as the Association is obligated to provide an Owner for such breach as more particularly set forth elsewhere in this Declaration. In the event said breach has been committed by an Owner, the City may enforce the foregoing rights against either the Association or the breaching Owner. If the City exercises its enforcement rights against the Association for a breach by an Owner, the City shall extend the time in which the Association must cure the breach by the Owner for so long as the Association is diligently attempting to cause the breaching owner to cure the breach. If the Association has the right to assess the breaching Owner for such a breach and if said breach by the Owner has not been cured by the Association or the breaching Owner within the times provided herein, the City may elect either to assess the Association for breach committed by an Owner, the Association shall have the right 85 RMBUSME012.29781.13 11/18/04 to pass the assessment on to the breaching Owner. Upon the failure of the Owner or the Association to pay such assessment to the City, the City shall have the same rights against said Owner or the Association that the Association would have against an Owner for failure to pay such an assessment as more particularly set forth elsewhere in this Declaration,- including any lien rights. Any lien against the Association shall be a lien against the entire Association Common Area. Section 10. Written Consent of the City Required to Modify Certain Provisions. Any provision in this Declaration which expressly protects or runs in favor of the City, including, without limitation, the City Requirements and this Article =I, shall not be modified, amended, or deleted without the prior written consent of the City. These provisions are for the benefit of the City and may be enforced by the City in any manner provided by law. Section 11. Written' Consent of the City Required to Terminate this Declaration. Notwithstanding anything to the contrary set forth herein, this Declaration shall not be terminated without the prior written consent. of the City. Section 12. Common Area Li hg tiny. Parking lot light. fixtures for the Clubhouse facilities shall be fully shielded and may not exceed an overall height of 10'-0" as measured from adjacent paved surfaces. All other open parking and greenbelt areas shall be lit with bollard light fixtures not exceeding 60-inches tall and 75 watts. Under -canopy lighting is permitted for carport structures. Section 13. Signs. A permit from the City's Community Development Department is required for any temporary or permanent signs, subject to the provisions of Chapter 9.160 of the City Zoning Code. The permanent identification sign for the Project on Eisenhower Drive shall be limited to a maximum size of twenty-four (24) square feet (double sided), and shall not exceed six (6) feet in height. Accessory signs within the Project shall not exceed twelve (12) square feet. Accessory signs may be posted on walls, buildings or freestanding poles not exceeding eight (8) feet in overall height. Internally illuminated signs are not allowed except for use within the Clubhouse building. Section 14. Parking. The final parking design and number of spaces has been determined during final plan check consideration and approved by the City's Community Development Department. Each Unit shall have a designated garage or carport parking space. The parking design and number of spaces in, the Project shall not be redesigned or revised without the approval of the City's Community Development Department. Parking on the Private Drives of the Project may be restricted, including, without limitation, to no parking or parking allowed only on one side of the street. On -street parking of any recreational vehicles (e.g., boats, motor homes, trailers, buses, campers, mobile homes, inoperable vehicles, or other similar vehicles) is prohibited at all times within the Project. Subject to the Association Rules, temporary parking of recreational vehicles in designated areas is permitted for a maximum of twenty-four (24) hours ' as such recreational vehicles are prepared for use or storage. Nothing herein, however, shall be construed as a representation or warranty that any recreational vehicle will fit in the Private Drives or in any designated parking areas within the Project. The RMBUSDE0\229781.13 11/18/04 Association -may enforce the parking restrictions set forth herein and may have vehicles illegally parked removed from the Project. Section 15. Protection of Bighorn Sheep. All plant materials within the perimeter retention basins located in the Association Common Area shall be safe for consumption by the Peninsular bighorn sheep and shall be approved by the Department of Fish and Game. The use of non-native plant species known to be toxic to Peninsular bighorn sheep, including oleander shrubs, is not permitted. Use of any part of the Project to provide access to the adjacent hillsides by either persons or animals for hiking or other purposes is prohibited. Declarant and/or the Association shall also comply with bighorn sheep mitigation measures addressed in EA 2003-478. Section 16. Large Outdoor Events. Large outdoor events for residents and guests shall be confined to the Clubhouse facilities. A Temporary Use Permit application is required when events exceed eight hundred (800) people. Fireworks shows (i.e., ground displays only) are riot allowed, unless written permission is obtained from the Fire Marshal, Department of Fish and Game, and the City. Section 17. Communication Facilities/Satellite Dish. 'No commercial communication facilities are permitted in the Project, other than City -approved underground cable facilities. Exterior antennas and communication devices are prohibited, except that a single one -meter diameter wall -mounted satellite dish for television and internet needs may be installed on a Unit, subject, however, to Article IV, Section 15 of this Declaration, the Architectural Guidelines and Association Rules and to any other Association requirements in connection with such installation. -- Section 18. Landscape Maintenance. The Association shall continuously maintain all landscaping in the Project in a healthy and viable condition. The Association shall be responsible for planting or replacement of trees in the Project and shall plant such trees in accordance with City requirements as to the number, type and placement of trees. To encourage water conservation, no more than fifty percent (50%) of front yard landscaping shall be devoted to turf, and deserts cape materials are preferred.* Bubblers and emitters shall be used to irrigate trees and shrubs. - Section 19. Centralized Mail DeliverSs� iem. A centralized. mailbox delivery system shall be used for the Project pursuant to any requirements of the U.S. Postal Service. Section 20. Clubhouse Expansion. Clubhouse expansion projects greater than five thousand (5,000) square feet in size shall be reviewed and approved by the City Planning Commission. Section 21. Bike Racks. A minimum five (5) stall bicycle rack shall be installed and maintained at the Clubhouse. Section 22. City Access Easement. An irrevocable non-exclusive easement in favor of the City is hereby created to, over and throughout the Project for access, ingress and 87 RMBUSVE01229781.13 11/18/04 egress for the provision of emergency services and for maintenance, construction and reconstruction of essential Improvements. Section 23. ADA Units. Certain Units in the Project have been improved so as to comply with certain requirements of the Americans with Disabilities Act or the Americans with Disabilities Act Accessibility Guidelines, Title 24 of the California Administrative Code, and other disability access statutes and regulations as required by the City (collectively the "ADA Improvements"). Owners of Units improved with ADA Improvements shall have no right to remove, alter or modify any of the ADA Improvements at any time without first (i) obtaining any approvals and consents required by the City, (ii) obtaining any approvals and consents required by the Association and/or the Architectural Committee pursuant to this Declaration, and (iii) obtaining the written consent of Declarant, which consent shall be granted or withheld in Declarant's sole discretion, until Declarant has conveyed the last Unit in the last Phase of the Project. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this Declaration this /8 day of Pee#, , 200_�_. DECLARANT: CENTEX HOMES, a Nevada general partnership, dba Centex Destination Properties, By: Centex Real Estate Corporation, a Nevada corporation, Managing P Pau`1 Stashick, Division President 88 RMBUS\DEO\229781.13 11/18/04 ACKNOWLEIJCIN ENT STATE OF CALIFORNIA ) • ) ss. COUNTY OF ) On 200 , before , 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 personX whose name(4 is/aFc subscribed to the within instrument and acknowledged to me that he/,s ue executed the same in his/keFAhek authorized capacity1jes% and, that by his�signaturek)�'on the instrument the personX, or the entity upon behalf of which the personX, acted, executed the instrument. WITNESS my hand and official seal. Signature low MW Ift �. J ♦,i77 89 RIvMUS\DE0\229781.13 11/18/04 EXHIBIT "A" LEGAL (DESCRIPTION OF THE INITIAL COVERED PROPERTY That certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: Units 1 through 36, as shown on the Condominium Plan recorded 11 1 ,0 , as Instrument No.b�j—gga(P+3Q, Official Records of Riverside diCoun , California, located on Lot 2 of Tract 31379, as shown by Map on file in Book�, Pages44-51,pof Maps, Records of Riverside County, California; Bui ding Common Area as shown on the Condominium Plan recorded J O� as Instrument No.() (4-0q3`(4-3,0 , Official Records of Riverside County, California, located on Lot 2 of Tract 31379, as shown by Map on file in Book?►(� Pages0--V-Pof Maps, Records of Riverside County, California; and Association Common Area consisting of Lot 2 of Tract 31379, as shown by Map on file in Book9&::PagesTof Maps, Records f Riverside County,California, excepting. therefrom Units 1 through 6 and the � Building Common Area described above. RMBUSIDEO\229781.13 11/18/04 EXHIBIT `B-1" LEGAL DESCRIPTION OF THE PROPERTY SUBJECT TO ANNEXATION s That certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: PARCEL A: Lot 1, Lots 3 through 18, inclusive (and all Units and Common Area located thereon pursuant to Condominium Plans to be recorded on Lots 3 through 18), and Lots A through P, inclusive, of Tract 31379, as shown by Map on file in Book %a, Pages 5 of Maps, Records- of Riverside County, California; PARCEL B: An easement for golf carts and pedestrian uses affecting certain real property more particularly described in that certain Grant of Easement and Consent recorded on October 30, 2003 as Instrument No. 858764, Official Records of Riverside County, California; and PARCEL C: An easement for access and other purposes affecting certain real property more particularly described in that certain Grant of Easement and Consent recorded on October 30, 2003 as Instrument No. 858763, Official Records of Riverside County, California. RMBUS\DF0\229781.13 11/18/04 EXHIBIT `B-2" LEGAL DESCRIPTION OF ADDITIONAL PROPERTY SUBJECT TO ANNEXATION That certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: Parcel 2 pursuant to Lot Line Adjustment No. 2001-361, recorded October 23, 2001 as instrument/File No. 2001-515074 of Official Records. "B-2" - RMBMDE0\229781.13 11/18/04 EXHIBIT "C-1" CLUBHOUSE EASEMENT (attached) RMBUS\DEO\229781.13 11/18/04 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: (Space Above Line for Recorder's Use Only) GRANT OF EASEMENT LClubhouse) City of La Quinta, County of Riverside State of California FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CENTEX HOMES, a Nevada general partnership dba Centex Destination Properties ("Grantor") hereby GRANTS to Legacy Villas at La Quinta Homeowners Association, a California nonprofit mutual benefit corporation (the "Grantee"), and Grantee hereby accepts, a non-exclusive easement for ingress, egress, use and enjoyment of, over, upon and across the real properly located in the City of La Quinta, County of Riverside, State of California, described as Lot 1 of said Tract No. 31379 (the "Clubhouse Facilities Area"). The easement herein granted shall - include the right of access, ingress, egress, use and enjoyment of the public areas of the clubhouse, including without limitation the kitchen/grill facility, fitness center, swimming pools, spas and deck areas, together with the related improvements, -equipment and furnishings located thereon, but excepting therefrom the desk/registration area located (and relocated from time to time) within the Clubhouse Facilities Area, the use and enjoyment of which is retained by the Grantor and its designees. The easement herein granted is for the benefit of the Owners of the Units within the -Project. Use and enjoyment of the Clubhouse Facilities Area and all improvements thereon shall be subject to limitations, rules and regulations imposed by the Grantor from time to time. All terms used in this document which are not otherwise expressly defined herein shall mean the same as such terms are defined in that certain Declaration of Covenants, Conditions and Restrictions for Legacy Villas at La Quinta Homeowners Association recorded on , 2004, as Instrument No. of the Official Records of Riverside County, California (the "Declaration"). The easement and rights herein granted shall merge with and automatically terminate and cease to exist at such time as Grantor's interest in and to the Clubhouse Facilities Area is conveyed of record by Grantor, its successors and assigns, to Grantee. "C-1"-2 RMBUSTE0\229781.13 11/18/04 Grantor shall pay all real property taxes and insurance premiums and shall be responsible for all legal and accounting expenses with respect to the Clubhouse Facilities Area until the date which is the earlier to occur of (i) conveyance of fee title to the Clubhouse Facilities Area to the Grantee, or (ii) Grantee's assumption of maintenance responsibilities over the Clubhouse Facilities Area. Should all or any portion of the Clubhouse Facilities Area be taken pursuant to a proceeding of condemnation or eminent domain, any award granted to Grantor in such proceeding allocated to the Clubhouse Facilities Area shall be paid by Grantor to Grantee; provided, however, that Grantor shall have the right to retain so much of the award as may be reasonably required to rebuild any facilities which _have been condemned within such areas to a standard reasonably comparable to that which existed prior to such condemnation. Should a voluntary/involuntary proceeding- of bankruptcy be filed by Grantor, Grantor agrees to cooperate with Grantee to insure that Grantee's easement over the Clubhouse Facilities Area and all rights thereunder shall not be extinguished and that fee title to the Clubhouse Facilities Area is conveyed to Grantee in accordance with the phasing plan approved by the California Department of Real Estate. If an arbitratable dispute. between Grantor and Grantee with respect to the rights and obligations of the parties in connection with this Grant of Easement arises, the matter will be submitted to binding arbitration. Arbitratable disputes include any controversy or claim between the parties, including a claim based on contract, tort or statute or arising out of or pertaining to the transaction evidenced by this instrument. Any controversy regarding whether a dispute is an arbitratable dispute shall be determined by the arbitrator. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. "C-1 3 RMBUS\DEO1229781.13 11/18/04 Dated: "Grantor" CENTEX HOMES a Nevada general partnership By: Centex Real Estate Corporation a Nevada corporation managing partner I' 0 Paul Stashick Division President "Grantee" LEGACY VILLAS AT LA QUINTA HOMEOWNERS ASSOCIATION By: Its: 4 RMBUSIDF0\229781.13 11/18/04 STATE OF CALIFORNIA ss COUNTY OF RIVERSIDE On 200� 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 20C_, 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized. capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public "C-1" - 5 RMBUS\DEO\2.29781.13 11/18/04 EXHIBIT "C-2" ENTRY INTROVEMENTS EASEMENT (attached) "C-2" - 1 RMBUS\DE0\229781.13 11/18/04 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: (Space Above Line for Recorder's Use Only) GRANT OF EASEMENT Tntryprovements� City of La Quinta, County of Riverside State of California FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CENTEX HOMES, a Nevada general partnership dba Centex Destination Properties ('Grantor") hereby GRANTS to Legacy Villas at La Quinta Homeowners Association, a California nonprofit mutual benefit corporation (the "Grantee"), and Grantee hereby accepts, a non-exclusive easement for pedestrian and vehicular access, ingress, egress, use and enjoyment of, over, upon and across the real property located in the City of La Quinta, County of Riverside, State of California, described as (i) Lettered Lots A, F, H, I and J of Tract No. 31379 as per Map filed for record in Book , Pages to _, inclusive of Maps, Records of Riverside County, and (ii) that certain real property over which Grantor has .-an easement as described in the Grant of Easement and Consent in favor of Grantor and recorded on October 30, 2003 as Instrument No. 858763, Official Records - of Riverside County, California (collectively, the `Entry Improvements Area"). The easement herein granted shall include -the right of pedestrian and vehicular ingress and egress upon and through -any streets, roads, entry gates and walkways now or hereafter located upon the Entry Improvements Area; provided, however, that the Entry Improvements Area shall be limited to those portions of the Entry Improvements Area upon which streets, roads, entry gates, walkways or other ways are now or hereafter located. The easement herein granted is for the benefit of the Owners of the Units within the Project. Use and enjoyment of the Entry Improvements Area and all improvements thereon shall be subject to limitations, rules and regulations imposed by the Grantor from time to time. All terms used in this document which are not otherwise expressly defined herein shall mean the same as such terms are defined in that certain Declaration of Covenants, Conditions and Restrictions for Legacy Villas at La Quinta. Homeowners Association recorded on , 2004, as Instrument No. of the Official Records of Riverside County, California (the "Declaration"). The easement and rights herein granted shall merge with and automatically terminate and "C-2" - 2 RMBUS\DE0\229781.13 11/18/04 cease to exist at such time as Grantor's interest in and to the Entry Improvements Area is conveyed of record by Grantor, its successors and assigns, to Grantee. Grantor shall pay all real property taxes and insurance premiums and shall be responsible for all legal and accounting expenses with respect to the Entry Improvements Area until the date which is the earlier to occur of (i) conveyance of fee title to the Entry Improvements Area to the Grantee, or (ii) Grantee's assumption of maintenance responsibilities over the Entry Improvements Area. Should all or any portion of the Entry Improvements Area be taken pursuant to a proceeding of condemnation or eminent domain, any award granted to Grantor in such proceeding allocated to the Entry Improvements Area shall be paid by Grantor to Grantee; provided, however, that Grantor shall have the right to retain so much of the award as may be reasonably required to rebuild any facilities which have been condemned within such areas to a standard reasonably comparable to that which existed prior to such condemnation. Should a voluntary/involuntary proceeding of bankruptcy be filed by Grantor, Grantor agrees to cooperate with Grantee to insure that Grantee's easement over the Entry Improvements Area and all rights thereunder shall not be extinguished and that fee title to the Entry Improvements Area is conveyed to Grantee in accordance with the phasing plan approved by the California Department of Real Estate. If an arbitratable dispute between Grantor and Grantee with respect to the rights and obligations of the parties in connection with this Grant of Easement arises, the matter will be submitted to binding arbitration. Arbitratable disputes include any controversy or claim between the parties, including a claim based on contract, tort or statute or arising out of or pertaining to the transaction evidenced by this instrument. Any controversy regarding whether a dispute is an arbitratable dispute shall be determined by the arbitrator. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. "C-2" - 3 RM 3US\DE01229781.13 11/18/04 Dated: "Grantor" CENTEX HOMES a Nevada general partnership By: Centex Real Estate Corporation a Nevada corporation managing partner LIM Paul Stashick Division President "Grantee" LEGACY VILLAS AT LA QUINTA HOMEOWNERS ASSOCIATION By: Its: "C-2" - 4 RU BUSTEO\229781.13 11/18/04 STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) On 200_, 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ss COUNTY OF RIVERSIDE On 200_, 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . WITNESS my hand and official seal. Notary Public "C-2" - 5 RMBUSTE01229781.13 11/18/04 EXHIBIT "C-3" LOT `B" EASEMENT (attached) "C-3" - 1 RMBUSTEOM9781.13 11/18/04 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: (Space Above Line for Recorder's Use Only) GRANT OF EASEMENTS . (Lot B of Tract 31379) City of La Quinta, County of Riverside State of California FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CENTEX HOMES, a Nevada general partnership dba Centex Destination Properties ("Grantor") hereby GRANTS to Legacy Villas at La Quinta Homeowners Association, a California nonprofit mutual benefit corporation (the "Grantee"), and Grantee hereby accepts, a non-exclusive easement for pedestrian and vehicular access, ingress, egress, use and enjoyment of, over, upon and across the real property located in the City -of La Quinta, County of Riverside, State of California, described as Lettered Lot B of Tract No. 31379 as per Map filed for record in Book , Pages to , inclusive of Maps, Records of Riverside County (the "Private Street"). The easement herein granted shall include the right of pedestrian and vehicular ingress and egress upon and through any streets, roads and walkways now or hereafter located upon the Private Street; provided, however, that the easement shall be limited to those portions of the Private Street upon which streets, roads, walkways or other ways are now or hereafter located. The easement herein granted is for the benefit of the Owners of the Units within the Project. Use and enjoyment of the Private Street and all improvements thereon shall be subject to limitations, rules and regulations imposed by the Grantor from time to time. All terms used in this document which are not otherwise expressly defined herein shall mean the same as such terms are defined in that certain Declaration of Covenants, Conditions and Restrictions for Legacy Villas at La Quinta Homeowners Association recorded on , 2004, .as Instrument No. of the Official Records of Riverside County, California . (the "Declaration"). The easements and rights herein granted shall merge with and automatically terminate and cease to exist at such time as fee title to Lettered Lot B of said Tract No. 31379 is conveyed of record by Grantor, its successors and assigns, to Grantee. Grantor shall pay all real property taxes and insurance premiums and shall be responsible for all legal and accounting expenses with respect to the Private Street until the date which is the "C-3" - 2 RMBUSM01229781.13 11/18/04 earlier to occur of (i) conveyance of fee title to the Private Street to the Grantee, or (ii) Grantee's assumption of maintenance responsibilities over the Private Street. Should all or any portion of the Private Street be taken pursuant to a proceeding of condemnation or eminent domain, any award granted to Grantor in such proceeding allocated to the Private Street shall be paid by Grantor to Grantee; provided, however, that Grantor shall have the right to retain so much of the award as may be reasonably required to rebuild any facilities which have been condemned within such areas to a standard reasonably comparable to that which existed prior to such condemnation. Should a voluntary/involuntary proceeding of bankruptcy be filed by Grantor, Grantor agrees to cooperate with Grantee to insure that Grantee's easement over the Private Street and all rights thereunder shall not be extinguished and that .fee title to the Private Street is conveyed to Grantee in accordance with the phasing plan approved by the California Department of Real Estate. If an arbitratable dispute between Grantor and Grantee with respect to the rights and obligations of the parties in connection with this Grant of Easements arises, the matter will be submitted to binding arbitration. Arbitratable disputes include any controversy or claim between the parties, including a claim based on contract, tort or statute or arising out of or pertaining to the transaction evidenced by this instrument. Any controversy regarding whether a dispute is an arbitratable dispute shall be determined by the arbitrator. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] "C-3" - 3 RMBUSTEM229781.13 11/18/04 Dated: "Grantor" CENTEX HOMES a Nevada general partnership By: Centex Real Estate Corporation a Nevada corporation managing partner M Paul Stashick Division President "Grantee" LEGACY VILLAS AT LA QUINTA HOMEOWNERS ASSOCIATION By: Its: "C-3" - 4 RMBUSMOM9781.13 11/18/04 STATE OF CALIFORNIA ss COUNTY OF RIVERSIDE On 200_, 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ss COUNTY OF RIVERSIDE On , 200_, 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged. to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . WITNESS my hand and official seal. Notary Public "C-3" - 5 RMBUSTE0\229781.13 _ 11/18/04 EXHIBIT "D" DESCRIPTION AND DEPICTION OF ].MANAGEMENT SERVICES DESK RMBUS\DEO\229781.13 11/18/04 A. HIII { Management Services Desk J] I I ■oz per � pcy Villas K La Quinte ji \ \ aWE2Et'"kTIO N%¥Sik§ iOGRESSfRINTING O It , F19" i� ^ | in RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Centex Destination Properties 41-865 Boardwalk, Suite 101 Palm Desert, CA 92211 (Spare Above Ling DOC # 2005-0943064 11/14/2005 08:00A Fee:19.00 Page i of B Recorded in Official Records County of Riverside Larry U. Ward Assessor, County Clerk 6 Recorder 1111111111111111111111111111111111111111111111111111111 M S U 1 PAGE SIZE SMF MISC. v �PCOR12 *E� Aj R I Ll COPY LONG REFUND WHO ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of November q , 2005, by and between CENTEX HOMES, a L�i Nevada general partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer" or "Assignor") and LEGACY VILLAS AT LA QUINTA HOMEOWNERS' ASSOCIATION, a California nonprofit mutual benefit corporation (the "HOA" or "Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 44.61 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Assignor intends to develop the Site with a resort residential master planned Community with 280 resort residential units and associated recreational facilities (collectively, the "Project"). C. Assignor, as "Developer," and the City of La Quinta, a California municipal Corporation ("City"), have entered into that certain Development Agreement dated as of November 20, 2003 and recorded in the Official Records of Riverside County, California on January 1, 2004, as Instrument No. 2004-0009685 (the "Development Agreement"), for purposes of among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel")": (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan, all as more particularly described in the Development Agreement. D. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. E. In accordance with Section 3.2.1 of the Development Agreement, Developer has Caused the HOA to be established and has recorded certain covenants, conditions and restrictions (the "CC&R') for the Project which, among other things, (i) provide for the HOA's payment of the Fees described in Sections 3.3.3 and 3.3.4 of the Development Agreement, (ii) provides for the HOA's operation of a Rental Tracking System, as described in Section 3.3.6 of the Development Agreement, and (iii) provide for the rental management opportunities to owners of units, as Described in Section 3.3.7 of the Development Agreement. F. This Assignment is being entered into pursuant to Section 3.3.8 of the Development Agreement, which provides that, by causing the establishment of the HOA and Providing for the HOA to be responsible for the matters described in Recital E above, Assignor May assign certain of its rights and obligations under the Development Agreement to the HOA. Accordingly, in accordance with Section 3.3.8 and Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to Sections 3.3.3, 3.3.4, 3.3.6 and 3.3.7 of the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agrees as follows: Agreement 1. Assignment. Assignor hereby assigns, conveys, transfers, delivers and delegates to Assignee all of Assignor's right, title, interest, and obligation with respect to Sections 3.3.3, 3.3.4, 3.3.6, and 3.3.7 of the Development Agreement (collectively, the "Assumed Obligations"). 2. Assumption of Obligations. Assignee hereby accepts the foregoing assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising from the Assumed Obligations on or after the date of this Assignment. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in and to the Assumed Obligations, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligation imposed in connection with the Assumed Obligations from and after the date of this Assignment to the same extent as If Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 2 4. Goveming Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (iii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counternarts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the Date set forth above. DEVELOPER: CENTEX HOMES, a Nevada general partnership dba Centex Destination Properties By: Centex Real Estate Corporation a Nevada corporation, managin ner By: Ryan T. Breen Division Controller ASSOCIATION: LEGACY VILLAS AT LA QUINTA HOMEOWNERS ASSOCIATION a California non-profit mutual benefit corporation By: Name: Title: By: Name: Title: Exhibit "A" (Legal Description) That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot 6 Line Adjustment No. 2001-361, recorded on October 23, 2001, as Document No. 2001-515074. RECORDING REQUESTED BY: V,/� RECORDED MAIL TO, Centex Destination Properties 41465 Boardwalk, Suite 101 Palm Desert, CA, 92211 4 1 ii A r 1 i Y.k , 1 �. i /" .r� (Sp*c t Abmvc Liar for Rtowdoes Use only) AMEND TO ASSIGNMENT AND A§&UMION AGREEMENT THIS AMENDMENT To ASSIGNMENT AND ASSUMPT ON AGREEMENT (tW "Amendment") is made and entered into as of _&jac4,j 2 , by i between CENTEX HOMES, a Nevada general partnership, dba CENM DESTINATION pp RTWS (the "Assignor-) and LEGACY ALAS AT LA QUINTA HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation (tits "Assignee'), with reference to the fallowing Recitals. Recitals A. Assignor is the master developer of 44.61 acres of teat property locate in the City of La Quinta, County Of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Assignor and Assignee entered into that certain Assignment and Assumption Agree na mt dated November 9, 2005, which was recorded can November 14., 2€145, as Instruntent No. 2005-0943064, in the Official Records of .Riverside County, California (the "Assignment Agreeme ifI. C. The Assignment Agree inadvertently included the assignment from Assignor to Assignee of all of Assignor's right., title, interest and obligations under Section 3.3.7 of the Development Agreement dated as of November 20, 2003, and recorded in the flffrciW Records of Riverside County, California, on January 1, 2904, as Tnslr=ent No. 2t}ii4•OW%g5 (the "Development Agreement"). D. Assignee and Assignor by this Amendment desire to amond the Assigume Agent in order to rescind and delete the prior unintended assignment of Assignors right, title, interest and obligations with respect. to Sermon 3.3.7 of the Development Agreement. NOW, THEREFORE, for good and vatuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agme as follows: AAA —0 I. Paragraph 1 of the Assignment Agreement is hereby amended to delete any reference to Section 3.3.7 of the Development Agreement, it being the understanding and agreement of the Assignor and Assignee that reference to such Section in Paragraph I of the Assignment Agreement was an inadvertent clerical error, and that it was never the intention or agreement of the patties to assign and transfer the rights and obligations of Section 3.3.7 of the Development Agreement to Assignee pursuant to the Assignment Agreement. It is the understanding and agreement of Assignor and Assignee that the rights and obligations of Section 3.3.7 of the Development Agreement shall remain with Assignor as if such assignment never occurred. 2. Acknowledggment of Right to Future Assignment. Assignor and Assignee hereby acknowledge and agree that although the assignment and assumption of Assignor's right, title, interim and obligations with respect to Section 3.3.7 of the Development Agreement has been rescinded and cancelled by this Amendment,. Assignor retains the right in the future to assign its right, title, interest and obligations under Section 3.3.7 of the Development Agreement to Assignee by executing a new assignment and assumption agreement with respect to only Section 3.3.7 between Assignor and Assignee as contemplated by Section 3.3.8 of the Development Agreement. 3. Successors and Assigns, This Amendment shall be binding uponand shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. CroverniI Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California, 5. Counterparts. This Amendment maybe executed in any number of counterparts, each: of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Amendment has been executed by the parties as of the date set forth above. DEVELOPER: CENTEX HOMES, a Nevada general partnership dba Centex Destination Properties By: Centex Real a Nevadaec Division President ASSOCIATION: LEGACY VILLAS AT LA QUiNTA HOMEOWNERS ASSOCIATION a California non-profit mutual benefit corpondiori By Michael F. DaleyPresident P.{F.ur.�/...'' STATE OF (.rrL IlRA,&0 ) as COUNTY OF btlivept, ) . - On &1'6k / I 2006, before me, a Notary Public in and for said State, pertly appeared Paul Stashick, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namc(s) is/are subscribed.tottte within instrument and acknowledged to me that hetshehttey executed the same in hislherlthelr audtarized capacity(ics), and that by histheritheir signature(s) on the instrument, the person (s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Ltii _, BEECHER Note Public Y PUBLIC COLORADO my Cammisston Expires 0112W2007 STATE OF CALIFORNIA ) FIB s _,rr a7T; -T 4 31r7d On bAjLq- 13 2006, before me, a Notary Public in and for said State, personally appeared Mchael F. Daley, (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(( . subscribed to the within instrument and acknowledged tome that�heAhey executed the same ' their authorized capacity(ies), and that li)(ti rethheir signaturc(s) on the instrument, the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. W7TN'ESS my hand and official seal, SM .Q,, W , to OMAwHAU43 ' Notary Public-yP—Lr-C rd." � C z RNERSIr600t.)MY 4 M"JC.ditMWiMfQArro f} (EPTEmWR s, 2006 STATE OF CALIFORNIA ri COUNTY OF RIVERSIDE On 14A&A X2, 2006, before me, a Notary Public in and for said State, personality appeared Jayne E. Carib. r proved to me on the basis of evidence) to be a persons) whose names i subscribed to the within instrument and acknowledged to me that h. cy executed the same in hi it authorized capacity(ies), and that by hi signatures) on tho instrument, the person(s), as the entity upon behalf of which the persono sued executed the instrument. WITNESS my harm and official seal. � y Public OFFlW SKAt Notary Public Hw 13692 3 COMMCxutstsssresa 0 8S "tor cotr Exhibit - "A Description) That certain real Property located is the City of La Quinta, County of Riverside, Sense of California, described as follows: Parcel 1 of Lot Lim Adjustment No. 2001361, recorded on October 23, 2001, as Document No. 2001-515074. f 2 ATTACHMENT 4 EDENROCK (SIGNATURE) DA TERMS (DA2006-011) Project Description: 264 condo/townhome units (83 courtyard, 79 Manor triplex and 102 Village units) on 41.95 acres. Development Agreement entered into for purposes of payment to City a per unit upfront payment for potential loss of anticipated general fund revenues from "Transient Occupancy Tax" as a result of the use of the site for a residential resort instead of a traditional tourist commercial use such as a 1,000 room resort hotel, conference center and 100,000 square feet of resort retail. Applicant: Crowne Pointe Partners, LLC Case No.: Development Agreement 2006-011, Ordinance 457 Related Case: SP 83-002, Amendment No. 6, GPA 2006-107, ZC 2006-127, Tentative Tract Map 33226, SDP 2006-852 Effective Dates: August 18, 2008 and expires August 18, 2058 (50 YEARS) Terms: • Compliance with Conditions of Approval • Recordation of Covenants, Conditions and Restrictions • Payment to the City for each unit .75% of the developer's full sale price of the unit upon close of escrow, inclusive of all developer -installed options and upgrades, with the amount of such sales price verified by the City. • Payment of Fair Share Improvements as identified in mitigation measures 11.0-3 and 11.0-4 of the project EIR. Status: Compliance • Project construction in initial stages Mitigation fees are being collected • $33,679 collected from 10 properties sold RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk DOC # 2014-0116107 03/28/2014 05:00 PM Fees: $48.00 Page f of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder "This document was electronically submitted to the County of Riverside for recording•" Receipted by: SMEZA Spam Above This Line for Recorder's Use - V if Z 9 r , } (Exempt from Reoording Fee per Gov't Code >:27383) AISSUGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as ofMarch_yc 2014 ("Effective Date"), by and between Crowne Pointe Partners, LLC, an Oregon limited liability company (the "Developer" or "Assignor") and RREF II-CWC LaQ, LLC, a California limited liability company ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 41.95 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally descnbed in Exhibit "A" attached here. B. Capitalized terns not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a Calif+nrnia municipal corporation ("City"), have entered into that certain Development Agreement dated August 18, 2008 and recorded September 19, 2008 as Document No. 2008-0509913 of .Official Records, County of Riverside, California (the "Development Agreement"), for purposes oC among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta. Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to -be developed for a traditional tourist commercial use, such as a Hotel; and (C) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) requiring the recordation against the Site of a City Declaration of CC&Rs that sets forth certain requirements of the owners of the Units in the Project to pay to the City a transfer payment upon the transfer of their Unit for purposes of PointetAm*AuSmtwWA=mptimj -1- compensating the City for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; (iii) requiring the recordation against the Site of a Declaration of CC&Rs that (a) provides for establishment of a homeowner's association for the Project (the "Association"); (b) is necessary to create a residential subdivision of 130 single family homes and 100 condominiums, as described and as shown on the final subdivision map for Tract 36537 and Condominium Plan to be recorded in accordance with all applicable laws; and (iii) discloses to the owners of the Units the requirement set forth in Section 1.3 of the City Declaration of CC&Rs that the Owners pay to the City a transfer payment upon the sale, transfer, or conveyance of their Unit; and (iv) granting Developer a vested right to develop the Site according to the Development Plan, all as more particularly described in the Development Agreement. D. Concurrently with or prior to the Effective Date, Assignee shall have acquired the Site. E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AgLeement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement from and after the date of this Assignment. 2. Assumption of Obli al g tions. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement, and Assignee agrees to timely discharge, perform or cause to be performed and to be hound by all of the. liabilities,. duties and obligations imposed in connection with the Development Agreement, from and after the date of this Assignment to the same extent - as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. PointeLarsenAssgntandAssumptioO -2- 6. Authority of Signatories to Bind Princippkls. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of and permitted to do business in, the State of California 7. Int Eeta ion. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. CounteMarts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" "Assignee" CROWNE POINTE PARTNERS, LLC, Pointe1atsenAssgntandAssumption3 -3- RREF II-CWC LaQ, LLC, a California limited liability company By: CWC La Quinta 230, LLC, a Delaware limited liability company Authorized Agent By: Name: Donald W. 6-on ana Its: mans in member STATE OF%-r447lA ss. COUNTY OF On 4-e- before me, Public, personally appeared -j C' . , proved to me on the basis of satisfactory 6vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of E��rt�that the foregoing paragraph is true and correct. Witness my hand and_official seal. OFFO t— Notary Public BETTE JEAN owEN 07MFAl331Caid NQ 473419 [SE 1,fyl;ptt�t$$i011t S111009EA20,201$ STATE OF CALIFORNIA ) ) ss. COUNTY OF San Diego ) On March 24 ' 2014 before me, M.K. Stuckey Notary Public, personally appeared Donald W. F`ontana , proved to me on the basis of satisfactory evidence to be the person(b) whose nam ) is/aye subscribed to the within instrument and acknowledged to me that he/sNeft)4 , execute7the same in his/wr/tr4ir authorized capacity(i ), and that by his/T r/tl*r signatur4 on the instrument the person{) or the entity upon behalfof which the person} acted, execut the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California thar the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public M. K. STUCKEY [SEAL] Commlaalon # 1933217 Notary Public - California i San Diego County MY Comm. Expires May 16, 2015 w Pointel.amnAwgmtandAwumptioO -4- EXHIBIT "A" 100 4 LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quin County of Riverside, State of California, described as follows: PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-41 l RECORDED OCTOBER 8, 2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT 1 OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, -OFFICIAL RECORDS OF -RIVERSIDE-•COUNTY; -CALIFORNIA,- DESCRIBED -AS- FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89030' 11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT l; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40-40-11" EAST, 192.39 FEET; THENCE SOUTH 36016'42" EAST, 201.26 FEET; THENCE SOUTH 53°20' 16" EAST, 232.15 FEET; THENCE NORTH 87056'22" EAST, 193.32 FEET; THENCE NORTH 85°54'55" EAST, 305.51 FEET; THENCE SOUTH 76°33'32" EAST, 155.87 FEET; THENCE SOUTH 45008'33" EAST, 221.84 FEET; THENCE SOUTH 51°13'44" EAST, 112.98 FEET; THENCE SOUTH 54°28'39" EAST, 110.02 FEET; THENCE SOUTH 44°42'29" EAST, 102.05 FEET; THENCE SOUTH 01 °38'20" WEST, 37.58 FEET; THENCE SOUTH 45000'00" WEST, 209.79 FEET; THENCE SOUTH 04°59'49" WEST, 201.91 FEET; THENCE SOUTH 39°23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT I, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26032'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57008'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83°41'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC DISTANCE OF 48.12 FEET; THENCE 'SOUTHWESTERLY -ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50004' 10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013' 14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10°14'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014' 10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF Pointel msenAssgmiandAssumption3,doe -5- 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16°40'48" WEST, THE PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 00000' 11" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49°14'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40°45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40°45'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°28,01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03°46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. __PARCFL-B;-L—OT-K OF=TRACT MAP -NO: TRACT NO._29.421.AS_SHO..WN_BY MAP_QN FILE IN_ ___ ___ _ _ BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCV THE "ACCESS STREETS"). Poimel.ersenAssgmtandAssumption3.doc -6- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO DOC # 2008-0509913 09/18/2008 08:00A Fee -NC Page t of 78 Recorded in Official Records County of Riverside Larry U. Ward Assessor, County Cleric d Recorder 11111111111111111111111111111111111111111111111111 City Of La Quinta S R U PAGE SIZE DA MISC LONG RFD COPY 78-495 Calle Tampico 1 La Quinta, CA 92253 Attn: City Clerk M A L 465 426 PCOR NCOR SMF CN EXAM T. CTY UNi Co � Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA ("CITY") AND CROWNE POINTE PARTNERS, LLC ("DEVELOPER") '8=5610-ON6 793996.12 903112.Dg TATTLE OF CONTENTS 1.0 GENERAL ..................... 1.2 Effective Date...........................................................:........................................... 3 1.3 Amendment or Cancellation................................................................................. 3 1.4 Termination..........................................................................................................3 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT........................................................................... 3 2.1 Right to Develop,.. ............. .3 2.2 Projeci Components.............................................................................................. 5 2.3 Additional Applicable Codes• and.........lati......................................................... Regulations. 2.4 Developer Impact Fees.............................................................. 5 Height and Limitations................................................... 6 2.5 Permitted Density, 2.6 Limitation on Future Development Restrictions.................................................. 6 2.7 Timing of Development ................................... ................................................. 6 3.0 DEVELOPER'S OBLIGATIONS................................. ..................................................7 3.1 Conditions of Approval......... ............................................................ 3.2 Covenants, Conditions and Restrictions .. 7 3.3 Payments to City by Developer............................................................... 8 3.4 Dedications and Improvements...._,..................................................................... 3.5 Payment of Fair Share of Mitigation Measures ..................................................... 9 3,6 Indemnification ............... .................................................... 9 ...................................................................................10 4.0 CITY'S PROCESSING AND APPROVALS..........:.....................................................10 4.1 Scope of Subsequent Review/Confirmation of Compliance Process.................10 4.2 Project Approvals Independent..........................................................................10 3 Review for Compliance... .............................. ............................................ I 1 5.0 DEFAULT; REMEDIES, DISPUTE RESOLUTION . ...................... .............................11 5.1 Notice of Default.. .................. ... Cum 1 l 5,2 CuofI)afoult..,.,.....................:..................................................................... 11 .................................................................... 3,3 City Remedies .......................,,........................................................................12 5.4 Developer's Exclusive Remedies . ..........................................................12 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.................................12 6.1 Encumbrances on the Project Site .............................. ......................................................12 6.2 Mortgage Protection, 6.3 Mortgagee Not Obligated................................................................................13 6.4 Notice of Default to Mortgagee' • Right of Mortgagee to Cure ........................... 13 13 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.........................................14 7.1 Successors and Assigns. 14 7.2 Sales in Normal Course of Business................................................................... 14 882101561044% 798896.12 a05112.08 �i� Pan 7.3 Assignment by City ......................................... 8.0 MISCELLANEOUS .................................... . 14 8,2 Farce Mai cure................................................................................................. is 8.3 Binding Effect................................................................................................16 8.4 ' Independent ... ............................................................................ n Entity. 16 8.5 Agreement Not to Sene9.6 ft Third Parties ................. Covenants ................................... 8.7 Nonliability of City Officers and Employees. 16 .............................. 8.8......................16 Covenant Against Discrimination .............. ..... 17 ................................................... 8.9 Amendment of Agreement............,.... ................................................................17 8.10 No Waiver........ 8.11 Severabalaty.................. .....................................................................................I7 ............:..................................................... 17 8.12 Cooperation in Carrying Out Agreement...................................................... 18 8.13 Estoppel Certificate .................... ..... i s 8.14 Construction...................................................................... ...........................18 5.15 Recordation ................................................................ ........................18 8.16 Captions and References................................................................. 8.17 Time ................ ............ ................................................................ 18 .18 8.18 Recitals & Exhibits Incorporated; Entire Agreement ...................................... 19 8.19 Exhibits........................................................... ...........................................................................................19 8.20 Counterpart Signature Pages.............................................19 8.21 1 Authority to Execute; Representations and Warranties ........19 ...... City Approvals and Actions ............................ ..................................................19 9.23 Governing Law; Litigation Matters .................... 8.24 No Brokers ............. ............... ................................19 ............................................................... 20 EXHIBITS A LEGAL DESCRIPTION OF SITE B MITIGATION MONITORING PROGRAM C CITY DECLARATION OF CC&RS D COMPLIANCE CERTIFICATE E ASSIGNMENT AND ASSUMPTION AGREEMENT UN15610-0096 79$896.12 &05112.09 -11- DEVELOPMENT AGREEMENT De�T-h-isselopment Agreement (the "Agreement") is entered into as of the day 2008 ("Reference Date"), by and between the CITY` O)" LA Q TA, of pal corporation and charter city organizers and existing under the Constitution of the State of California (the "City', and CROWNS POINTE PARTNERS, LLC, an Oregon Limited liability company (the -Developer, ), with reference to the following; RECITALS A. Government Code Sections 65864-65969.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Goverrunent Code, the City has adopted its Development Agreement Ordinance La ( Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to or concurrently with the execution of this Agreement, the City Council (i) approved the PGA West Specific Plan, also known as Specific Plan 83-002, on May 15, 1984, by City Council Resolution No. 84-31, and all subsequent amendments thereto, including, out limitation, Specific Plan $3-002, Amendment #6, approved by City Council Resolution No. 2008-26, on April 15, 2008 (collectively, the "Specific Plan"); (ii) certified an Environmental Impact Report prepared for the Specific Plan, on May 1, 1984, by City Council Resolution No. 84-28, and all subsequent amendments thereto, including, without limitation, the Subsequent Environmental Impact Report (SCH No. 2007061056), certified by the City Council on April 15, 2008, by City Council Resolution No. 2008-24 (collectively, the "EIR'D; (iii) approved General Plan Amendment 2006-107, on April 15, 2008, by City Council Resolution No. 2008-25 ("GPA Amendment 2006-107"); (iv) approved Zone Change 2006-127, on April 15, 2008, by Ordinance No. 456 ("Zone Change 2006-127"); (v) approved Tentative Map 33226, on. April 15, 2008, by City Council Resolution No. 2008-27 ("TTM 33226'); and (vi) approved Site Development Permit 2006-852, on April 15, 2008, by City Council Resolution No. 2008-28 ("SDP 2006- 852"). D. Developer owns the 41.95 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and on which Developer wishes to develop a resort consisting of approximately two hundred sixty-four (264) resort units, as further described herein. (the "Project'. E. Consistent with Section 9.250.030 of the La Quinta. Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a requirement that the Developer pay to the City a per -unit up front payment that the'parties ,agree is designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result Of the use of the Site for a residential resort use rather than as traditional tourist commercial use, Bl MI S610-00% 79U%.12 oDS112.06 —] such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Project will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wren and tear on the municipal infrastructure which will result from the Project, the costs of which would have been compensated if the Site. were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) obligating the Developer to enter into and record, against the Site, a `.`City Declaration of CC&Hs" (as that terra is defined in Section 3.2.1 below) that sets forth certain] requirements of the owners of the "Units" (as that term is defined in Section 2.2 below) to pay to the City a transfer payment upon the transfer of their Unit for purposes of compensating the City for loss. of"Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; and (iii) granting Developer a vested right to develop the Site according to (a) the Specific Flan, (b) the EIR, (c) GPA Amendment 2006-107, (d) Zone Change 2006-127, (e) TFM 33226, (f) SDP 2006-952, (g) any future Site Development Permits issued for the Project, (h) any subsequent parcel or subdivision leaps to be recorded on the Site, (i) any other approvals and permits issued for the Project, and 0) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (a)-(j) are collectively referred to herein as the "Development Plan," and are, or when approved or issued shall be, on file with the City Clerk. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure u desirable and functionalcome inity environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms ath conditions h this Agreement and the Development Plan, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific flan, including the goals and objectives thereof H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural ]natters. 1. On June 2, 2008, the City Council adopted its Ordinance No. 457 approving this Agreement. 882J015610m% 799896.12 ao5l12.08 -2- ALREEMENr NOW, THEREFORE, in consideration contained herein and other goad and valuable consof the mutual covenants and agreements which is hereby acknowledged, ideration, the receipt and legal sufficiency of the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto atler- the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date, This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of ��("Effective Date'). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section f 5867-6586g and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall ,not, by itself, affect arty right. or duty arising from entitlements or approvals set forth under the Develvprncnt Plan, as defined in Section 2.1, below, and shall have no effect on the obligations imposed under the City Declaration of CC&Rs. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT, 2.1 Ri fit to Develo . Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development flan (and subject to the Conditions of Approval) shall be deemed vested upon the Effective Date of this Agreement, save and except that any additional rights that would be created by subsequent, implementing approvals, such as site development permits, would not vest until the approval of such implementing approvals, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a 88=5610-00% 79n%. 12 905/12.08 _3. EXHIBIT 9TW LOT LINE ADJUSTMENT NO. 2004--411 LOT 1 AND I ItOF TRACT NO. 29421 PARCEL 7 OF PARCEL MAP NO. 20426 4'[ 261.33, r Lor r� R=400.00' L=50.48' SHEET 1 OF 2 N 14'59'38"W PAR, 1' = ((( 205.94' N56' 10'' N 21'20'48'W o c, l� v+ "A N34'17'35"E 68.'6: 1 221.74 nr ..� � �,� �: 12,00' T.P.O.B. PAR, 1 b ^ i a o �► `' `U `u'� 41 `,n 11.36' PARCEL 1 `s-16� ; IN N 4040" 1"W 192,39, in 72.297 AC. 4 N 3616'42"W 201.26' PAF'?, MAFI ]NO, 2J%2 : N 53'2016"W 232,15 N 8756'22" E 193.32' �'IAR 120 / i 0 "75 N 7933'32"W 155.87' N 4608'33°W 221,84' N 4(r45'0Y' N 51'13'44"W 112.98' RAD 5.0fl � N 8654'55 E 305.51' N g N 54'28'39"W , PARCEL 2 /0;�S` °'°2� of 41'952 AC. -1 N 1'3870"E 07. 58' QQI ICLM� A=7S 19'01" R=285.00' L=364.69' 6=6'26'37" ` =' R=i440.00' L-161.95'� RAD-PCC N 16'40�48" E�,/ IH, ND, 9412J I i MB, 20 f /64-5 f Q ` 14 J `,`11g^� 4C A BLVO• N 4657'27"W 56.18' 1" 4500' -I`--- PARCEL 3 P.O.B. 1 1.334 AC. PAR. 3 i I� — SEE DETAIL TMS AREA 04 SHEET 2 J LOT 1 9,c� A�3- 70 77 1 I PREPARED UNDER THE SUPERVISION OF: y.,p Nj- LA 19GEND ��, - ` - - - - - - EXISTING LOT LINE TO ADJUSTED EXISTING LOT LINE TO RWAIN CL 7 E.S. ease ' NEW LOT LINE CHP.S1 J. 31� L.S. 6 8 A E * Exp. 12-31-05 * OLD LOT NO. B NEW PARCEL N0. is o s s s 79-71I Old Awns DR Lill Wffi Ls Qulnio, CA ►1133 Doric" i LOT LINE ADJUSTMENT NO. 200�4-411 vok.;760-771.4013 s c ii u c r z FAX: 7&0.7714073 IL'>t � PLANNERS ENGINEERS SURVEYORS CITY OF ,Lj .QUINTA i i 41370 1aAPPitift 2004LU1 .4.f E 716 4 LOT LME ADJUSTUNT NO. 2004--411 DDT 1 AND "L OF TRACT NO. 29421 'PARCEL 7 OF PARCEL MAP NO. 20426 N 1'38'2a`E 37.58' 1 7R. ND, 20421 M-8, 207/-54-57 SliEE3r 2 OF z SHEM FEAR. PAR. MAP 1�0 20426 PiMan, 1qw/ -65 f PAR. 7 °°* PARCEb�1 N 4 7'27 W 56.1' A� PARCEL 3 �' ,-� q) 1334 AC.� is o2 �, - PARCEL 2 -- - - e=ssaz'2' \ 41.951 AC. R=58.50' C-4 `\ L=66.41' N 3 S Vrr+ ! SCALE: ! f =1 Q0' �• + �� 7R, No. 20421 NIA 207/64P67 2 13.0.13.l PAR. 3 Awed Iry 4 �'32"yy 0 Punning Commission J PLO j �7 rj j O City Council 1 Cammu 'sty Dev. Deev !z o 1 `7 t+als Se No. xhibit wit C 'Ons i� LE - - - Y - - — EXISTING LOT LINE TO BE ADJUSTED CURVE DATA 1 EXISTING LOT LINE TO REMAIN NO• A R l NEW LOT LINE j OLD LOT NO. 1 43'45'42' 63.00' 48.12' B NEW PARCEL NO. 2 114'53'48° 81.00' 162.43' E 3 57'08'46" 81.00' 80.79' ` 4 57'45'02" 81.OQ' 81.64' M O A f [ 79-79/ CHd Awaua 37 fo QULun. u 92251 DOM1CH LOT UN` ADJUSTMENT Ya. 760.7 1 01,3 F�j `j+, r�+l N4. 2D44�411 f C H u 4 T= FAX; 760-771- 077 CITY �� j IrLANNEAS ENGINEERS suaveyOAS �[ QUINTA °II A407P\WPRNGI2004LLA 612-D .. 710tifu Particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such Phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the Preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the recorded City Declaration of CC&Rs shall survive tlle termination of this Agreement, and except to the extent expressly specified otherwise in this Agreement, the Project shall remain subject to the following, to the same extent it would without this Agreement; {i) all ordinances, regulations, rules, laws, Mans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Bate of this Agreernerl% including, without limitation, Section 9.140.080 of the La (5uinta Municipal Code (collectively, the "Existing Development Regulations'); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, Policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws") that are enacted or adopted on a City-wide basis; provided, however, that the City may enact or adopt New Laws which are not enacted or adopted on a City-wide basis if such New Laws are required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources); (iii) all subsequent development approvals and the conditions of approval associated therewith, if any; ' Gv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. Notwithstanding anything herein to the contrary, the City may initiate and/or approve arnendrnents to the Specific flan without obtaining the consent of Developer, so long as they do not include any portion of the Site. MW15610-0m 7981%.12 05I12.08 -4- 2.2 1'r6ect Corn rents. 2.2.1 The Project shall consist of two hundred sixty-four (264) resort units (each, a "Unit" and collectively, the "Units") and related amenities. The Units shall be constructed as follows: (i) Approximately one Hundred Two (102) of the 'Units (the "Village Homes') shall be constructed in seventeen (17) structures containing six (6) Units each. Each -of the Village Homes shall be condominiums. (ii) Approximately- eighty-three (83) of the Units (the "Courtyard Homes') shall be constructed in thirty-five (35) one-story duplex structures and forty- eight (49) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit; and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 2.2.2 Notwithstanding the mix of Units described in clauses W, (ii) and (iii) above, and subject to the remainder of this paragraph, Developer shall be permitted to change the mix of Units, subject to (i) an administrative approval by the City Planning Director, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) if determined necessary by the City Planning Director, approval by the Planning Commission and City Council of amendments to SDP 2006-852 and TTM 33226. The decision of the City Planning Director shall be subject to appeal to the Planning Commission, and subsequently to the City Council, at the Developer's election. Notwithstanding any of the forgoing, nothing in this Section 2.2.2 shall be construed to permit Developer to exceed a total of two hundred sixty-four (264) Units without further environmental review under CEQA, as well as Manning Commission and City Council approval. 2.3 Additional Applicable Codes and Regulations, Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.3.1 .Building, Electrical, Mechanical, Fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Ef c6tive Date of this Agreement or as may be enacted or amended thereafter, so long as they are applied to the Project in a. nondiscriminatory manner. 2.3.2 In the event of fire or other casualty requiring reconstruction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes 182/015610-0096 799996-12 &05/12.08 -5. adopted in, or incorporated by, reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.3.3 This Agreement shall not prevent the City from establishing any new City fees, including new development impact fees, or increasing any existing City fees, including existing development impact fees, including, but not limited to the mitigation payments described in and required pursuant to the City Declaration of CC&Rs and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged; provided, however, that nothing in this Agreement shall permit the City to increase the amount of the mitigation payments described in and required pursuant to the City Declaration of CC&Rs, except as expressly provided therein. 2.4 Develo er Im act Fees. For purposes of calculating required Developer Impact Fees, all Units in the Project shall be deemed to be, and shall pay fees as, residential units. 2.5 Permitted UensitY, Hei st and llse Linaitaiions. The permitted uses, density and intensity of use, location of uses, maximum height and sire of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.6 Limitationon Future Development Restrictions. Except as otherwise expressly permitted by the terms of this Agreement, City shall not impose on the Project (whether by action of the City Council, Planning Commission, or City Staff, or by initiative, referendum or other means), any change in the applicable zoning, land use designation, or permitted uses sunder the Development Plan that would reduce the density or intensity of development of the Project, or that would otherwise require any reduction in the total number of Units, square footage, floor area ratio, or height of buildings, 2.7 Timing of Development. Developer is not obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the Site, dedicate'any land, or to otherwise meet or perform any obligation with respect to the City, except and only as a condition of development of any portion of the Site. The development schedule for the buildout of the Project shall be that solely established by Developer, consistent with the terns of this Agreement and the Development Plan; provided, however, that the phasing plan for the Project shall be as established in TTM 33226 and SDP 2006--852. 112/015610-0096 798M.12 005112.01 -6- 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval, which include and incorporate the mitigation measures specified is the Subsequent Environmental Impact Report for the Project (the "SEIR") so that significant environmental effects will be mitigated or avoided. The Developer shall also comply with the mitigation monitoring program associated with the SEK as set forth in Exhibit "B" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges -that additional conditions of approval beyond the Conditions of Approval may be applicable to the Project if and as associated with future Project approvals. 3.2 Covcnants, Conditions and Restrictions 3.2.1 Recordation of Ci%Declaration of CC&Rs. Prior to, and as a condition of the City's issuance of any -building permit for the Project, Developer shalt have entered into with the City and recorded against the Site a Declaration of Covenants, Conditions and Restrictions in the form attached hereto and incorporated herein as Exhibit "C" (a "City Declaration of CC&Rs"), the covenants of which shall bind the Site and each and every Unit developed thereon in perpetuity and shall survive the termination of this Agreement, 3.2.2 Recordation of De_v_cloper's CC&Rs. Prior to, and as a condition of, the City's issuance of a fine grading permit for the first Unit in the Project, the Developer shall submit to the City, and shall, prior to, and as a condition of, the City's issuance of a temporary or final certificate of occupancy for the fast Unit in the Project, obtain City's approval of, and record against the Site, a declaration of covenants, conditions, and restrictions (the "Developer CC&Rs') that (i) provides for the establishment of a homeowners' association (the "HOA"), (6) is necessary to create a condominium regime for the Village Homes, Courtyard Homes, and Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; and (iii) discloses to the owners of the Units the requirement in the City Declaration of CC&Rs that the owners pay to the City a transfer payment upon sale, transfer, or conveyance of their Unit. The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, #o enforce the terms thereof which are required hereby, and shall require the written approval of the City prior to any amendments thereto to any of the provisions which are required hereby, which approval shall not be unreasonably withheld or delayed. If the California Department of Real Estate ("DRE") refuses to approve the OCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units, '92M)5610.0096 79U%.12 805/12.08 -7- 3.3 b ments ig-Cily by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in than Section 33 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.3.2 Develo is Parments of One -Time Mitigption Payments. Developer shalt pay to the City, for each Unit in the Project, with such payment due upon the first close of escrow for each such Unit, three quarters of one percent (.75%) of Developer's actual and full sales price for the Unit, inclusive of all Developer -installed options and upgrades, with the amount of such sales price verified by the City. At the time Developer submits any of the foregoing payments to the City, Developer shall include therewith a copy of the final 1-iUD Settlement Statement prepared by the escrow officer handling the closing for such Unit, for purposes of City's verification of the required payment amount. 3.3.3 Other Fees and C ar es• Assessment Appeals. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including, but not limited to, transient occupancy taxes; provided, however, that subject to the following two sentences, nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer agrees on behalf of itself and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that no action shall be taken, including any assessment appeal, to decrease the assessed value of any of the Site or any portion thereof below the final assessed value at the time the development of the Site or separate Parcel thereof is completed. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that during the term hereof no action shall be taken to challenge, cancel, reduce, or otherwise negate the payments required to be made to the City pursuant to the City Declaration of CC&Rs. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.3.4 Developer's Grant Deed. - Prior to, and as a condition of, the City's issuance of a certificate of occupancy for any Unit in the Project, Developer shall provide to City a copy of the form of grant deed Developer intends to use in connection with the sale of Units to third party purchasers (the "Developer's 882MIS6104M 79U96.12 a8Sl12.08 _$_ Form of Grant Reed"). The Developer's Form of Grant Deed shall contain a reference to Section 1.3 of the City Declaration of CC&Rs and shall recite the terms thereof. Upon City's review of Developer's Forms of Grant Deed., and confirmation that Developer's Form of Grant Deed complies with the requirements of this Section 3.3.4, Developer shall not any make changes thereto that revise, directly or indirectly, the language required hereby, without obtaining the City's prior written consent. At the time Developer submits any of the payments required by Section 3.3.2 above to the City, Developer shall include therewith a copy of the grant deed recorded at the closing for which payment is being submitted. 3.4 Dedications and lmprovements Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.5 ient of pair Share of Miti anon Measures. Pursuant to Section 11.6 of the Mitigation Monitoring Program, Developer shall pay to the City the Project's fair share of the cost to construct certain intersection improvements Identified in mitigation measures 11.0-3 and 11.0-4, including right-of-way acquisition (collectively, the "Fair Share Improvements"). Prior to the recordation of the final map for Tract No. 33226, Developer's engineer shall prepare and submit to the City's Public Works Director for approval thereof a cost estimate for the Fair Share Improvements (the "Cost Estimate"), Prior to and as a condition of the City's issuance of the first building, permit for the Project, Developer shall deposit with the City the fair share contribution of the Project, as set forth in Table 11.0-12 of the Mitigation Monitoring Program and based upon the Cost Estimate; provided, however, that if more than one (1) year has passed since Developer's submittal of the Cost Estimate, then the amount required to be deposited with the City shall be adjusted pursuant to the construction cost index. The amount of any such adjustment shall be earmarked to be utilized only for the Fair Share Improvements. In the event the City determines that any of the Fair Share Improvements are not feasible, the City may use all of the funds deposited by Developer for the Fair Share Improvements (including any adjustment) for other improvements which the City determines will improve the level of service ("LOS") at the intersections identified in mitigation measures 11.0-3 and 11.0-4. In the event the City determines that the LOS cannot feasibly be improved at such intersections by using Developer's fair share contribution, or that only a portion of Developer's fair share payment can be used to feasibly improve the LOS at the intersections, the Developer's fair share payment (or any unused portion thereof) shall be returned to the Developer within ninety (90) days of such determination by the City. Developer may audit the City's use of Developer's fair share payment to determine if Developer is owed any refund. if the Fair Share Improvements become part of the City's Development Impact Fee after the Developer deposits the fair share payment with the City, such Payment shall be credited against any Development impact Fee obligation for the Fair Share Improvements. 7989%.12 OVUM -9- 3.6 Indemnification, (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and liability and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason bf the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications; or both, and regardless of whether or not the insurance policies referred to in this Agreement are applicable. In the event of litigation, the City agrees, at no cost to the City, to cooperate with the Developer. The Developer shall have the obligation to provide the defense of the City in the litigation, either by providing, legal counsel or, at the City's option, timely paying the reasonable legal costs incurred by the City in the defense of litigation. (b) In the event of any court action or proceeding challenging the validity of this Agreement or the Development Plan, the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. In the event the Developer fails or refuses to provide such defense of any challenge to this Agreement or the Development Plan, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any planner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 4.0 CITY'S PRQCI;SSING AND APPROVALS. 4.1 Scope of Subsequent Review/Confirmation of Com fiance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate'), in substantially the same form as that attached hereto as Exhibit "D", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 ProL_ect Apprpv_a�s Independent All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City U=15610-oo96 793996.12 805/12.01 40- with respect to the Project, constitute independent actions and approvals by the City. If any Provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and. the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the terra of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review this Agreement, including Developer's compliance with the terms hereof, at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Planning Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. .Developer, at its option and sole cost, may record the Certificate of Compliance. 5.0 DEFAULT, REM J--DIES• DISPUTE RESf?LUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 9.1 hereof identifying with Specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default. not later than five (5) business days for thirty (30) days for non -monetary defaults] after receipt 182M1561O-M6 798896.12 a0S/12.08 _ l of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) business days for thirty (30) days for non -monetary defaults,, such party shall commence to cure, correct, or remedy such default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. For purposes of this Section 5.2, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 5.3 City Remedies In the event of a default by Developer of the terms of this Agreement that has not been cured within the timeframe set forth in Section 5.2 alcove, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by (lie City Council in the manner set forth in the City's Development Agreement Ordinance and the Development Agreement Act. In no event shall the City be entitled to exemplary or punitive damages for any Developer default. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not Iimited to, the Development Plan, Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief (except for attorney's fees as provided in this Agreement) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Man, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEI PR()TEGI lON CER`l`AITI RIGHTS QF CURE. 6.1 Encumbrances on the Pr jest Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof a>t2 IM104096 99SN6.12 am] 2.O3 - l2- or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mort a e Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee) [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obli ag_ted No Mortgagee shall have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee Right of �l rt s ee�to Cure. City shall, upon written request therefor to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) business days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) business days [thirty (30) days for non -monetary defaults), to commence to cure, correct, or remedy the default within such five (5) business day period for thirty (30) day period for non -monetary defaults], and to continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. For purposes of this Section 6A, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. ilrlIDIM10.00% 79U%.12 OYU.Od -13. 7.0 TRANSFERS OF INTERJe✓S'T l3V SITE OR AGREEMENT. 7.1 Successors and Ass,ips Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement, without the consent of the City. Any such We or transfer shall require, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part (as applicable), of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, .Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any £hither obligations under the terms of this Agreement, without any further action of the parties, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in . default under the terms of this Agreement; and (c) Developer and Developer's transferee have submitted a fully executed assignment and assumption agreement in a form set forth in Exhibit E. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a Unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the Unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual Units under the provisions in the City Declaration of CC&Rs and the Developer CC&Rs which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer, and shall in no way release the Units from any of the obligations set forth in the City Declaration of CC&Rs and the Developer CC&Rs, all of which shall survive such release. 7.3 Assi ent b Ci The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class snail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time alM56144M "88%.12205112.02 -14- of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calie Tampico La Quinta, California 92253 Attn: City Manager Telephone: (760) 777-7100 Facsimile: (760) 777-7101 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson Telephone: (714) 641-5100 Facsimile: (714) 546-9035 To Developer: Crowne Pointe Partners, LLC 1022 SW Salmon Street, Suite 450 Portland, OR 97205 Phone No.: (503) 222-7258 Facsimile No.: (503) 222-4053 Attention: Wayne C. Rembold With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attn: James D. Vaughn, Esq. Telephone: (805) 446-1496 Facsimile: (805) 446-1490 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Ma'eure. In addition to specific provisions of this Agreement, Performance by either party hereunder shall not be deemed to be in default where delays or failures to perform, are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes SUM15610.w% 798896.12 nostI2.0e -15- beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of Performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, ;present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, 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 Site. 8.4 111 nd nt Enti . The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and riot as an agent of the other in any respect. No joint venture is formed by this Agreement. 8.5 A regiment Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any hind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of the City,s adjoining Properties and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliab lity of City Officers and Erriplavees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or in connection to this Agreement, or for any act or omission on the part of the City. U2I015610-0096 799896.12 a03/UM -16- 8.8 Covenant A ainst Discrirnir� Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of A reenent. This Agreement may be amended from time to time by mutual consent of the original Parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's GovernmentDevelopment Agreement Ordinance and Government Code Sections 65867 and 65868. Developer shall be required to reimburse City for all reasonable costs City incurs in negotiating, preparing, and processing any alterations, changes, or modifications. In connection with any request for an alteration, change or modification, Developer shall deposit with the City the sum of Ten Thousand Dollars ($10,000).. Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser deposit, in the event he or she determines the proposed alteration, change or modification is minor. In the event the funds on deposit are depleted, City shall notify Developer of the same, and Developer shall deposit with the City an additional Five Thousand Dollars ($5,000) to complete processing of the requested alteration, change or modification. Developer shall make additional deposits to City, as needed, pursuant to the foregoing process, until the requested alteration, change, or modification is finalized. Within sixty (60) days after such alteration, change or modification is finalized, City shall reimburse the Developer any unused sums. 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severabili . If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. U2MIS610-00% 7988%.12 e05112M —17- S.12 Coo erativ❑ in C in Ciut A cement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any ,party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if'so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Planning Director arc each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in dais Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County ;Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Ca tioms and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 JiM Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8 2/01 S6I0-M6 798896.12 @03112.08 -18- 8.19 Recitals & Exhibits Into grated Entire A regiment. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement axe, by this reference, incorporated into this Agreement and made a part hereof . This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "E" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Mitigation Monitoring Program C City Declaration of CC&Rs D Compliance Certificate E Assignment and Assumption Agreement 8.20 CounteEpart Si afore 1?a es. For convenjence the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute Re resentations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 City Approvals and Actions. Whenever a reference is made -in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.23 Governing Law; Litivation Matters The internal laws of the State of California shall govern the interpretation and enfor enient of this Agreement without regard to conflicts of Iaw principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of 8B2I015610-0096 7988%.12 e05/12.08 _ 19_ the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California Iaw, Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event. of any action between the parties hereto seeking enforcement of any of the terns of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.24 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] a82MI5610-00% 79U%.12 a05n2.os -20- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as Of the Reference Date. "DEVELOPER" CROWNE POINTE PARTNERS, Oregon 14*dlity comvany, Its: `•CITYPV . CITY OF LA QUINTA, a California municipal Co io y: Thomas P. Genovese City Manager APPROVED AS TO FORM IZ ' T KER, LP . a edne Jenso City Attorney UnI S610.00% 79SM6.12 monZ.08 .z1 • STATE OF GAO EM OfA) COUNTY O ss. before me, Notary Public, personally appe d proved to me on the basis of satisfactn evidence to a the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he,/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State oftg4a that the foregoing paragraph is true and correct. Witness my hand and official seal. OFMIAL SM aj BFM JEAN pyyEN Not Public WTAW [SE �,,M Nt1*mw29,20M STATE OF CALIFORNIA ) COUNTY ss. OF /Y�'I� ) On / before nne, Notary Public, personally appe d , proved to me on the basis of satisfactory evidence to be the person( whose name(jr) is/me subscribed to the within instrument and acknowledged to me that he/she4My executed the same in his/hen*reir authorized capacity(b*, and that by his/herAheir signature(t) on the instrument the person(* or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. No ublic REGENIA HEMEY [SEAL] Con"Won t 1521421, .. Notary KAc - EWOff id RN*Msde County 0.Nv CarM. E= (act 23, 20M 79J8%.12 AN/12.06 -22- ATTACHMENT 5 Village Park Animal Hospital DA TERMS (DA 2011-023) Project description: 8,752 square foot two-story building in the Village designed for use as a veterinary office located at the northeast corner of Avenida Montezuma and Eisenhower Drive. Applicant: VPAH, LLC Case No.: Development Agreement 2011-022, Ordinance 495 Related Case: Village Use Permit 2008-042 Effective Dates: Development Agreement is considered effective on February 8, 2012 and expires February 8, 2042 (30 YEARS). Terms: • The developer is to pay $15,386, calculated at $1,183.53 per deficient parking space, into a fund earmarked for future public parking improvements in the Village area. A credit of one space for available on -street parking on Avenida Martinez was given. The deficient number of parking spaces with this credit is 13 spaces. The amount is based on a cost estimate for surface parking provided by the applicant's civil engineer and verified by the Public Works Department. • The required in -lieu fee payment shall be paid in up to two installments- the first prior to issuing any grading and/or building permits for the project and the second prior to issuance of a certificate of occupancy. In addition, the project approval is not effective unless and until this Agreement has been approved by City Council. • All but five (5) spaces in the parking lot shall be made available for general public use after 6:00 p.m. Status: Full Compliance • $15,386 in -lieu parking fees paid to City of La Quinta • Parking Easement Agreement recorded that allows access to parking stalls on the site between 6 PM to 2 AM. • Project Construction Complete RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 Attn: City Clerk D00 # 2012-012414e 03/16/2012 01:48P Fee. -NC Page 1 of 68 Recorded in officie1 Reeards County of Riverside Assessor Larry ' Ward County Clerk lllllllllllllltill� Recorder lllllll 1111111111111 R I U IPAGEISIZEI DA IMISCILONG RFD COPY A I L 1 465 1 426 1 PCORI NCORJ SMF NCHG EX'W T: CTY UNI� Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) 062 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND VPAH, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY M 2465/015610-0125 2303172.6 a12r28111 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the S_�'day of F9 5. , 2012 ("Reference Date"), by and among the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City") and VPAH, LLC., a California limited liability company (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 (the "Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance'). C. Developer owns the 0.35 acre parcel of real property ("Site") located at the northeast corner of Eisenhower Drive. and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Agreement. D. Prior to the execution of this Agreement, the City approved Village Use Permit No. 2008-042 (the "VUP"), subject to conditions of approval. The VUP provides planning and development criteria for a proposed project on the Site, which project is commonly known as Village Park Animal Hospital (the "Project"). The Project will consist of the development of the Site with an 8,752 square foot, 31 foot high, two-story animal hospital with Mission -Contemporary styled architecture. The project site has an existing building built in 1980 which will be demolished to construct the Project. The VUP is also known as the "Development Plan". E. The City's Municipal Code requires that a total of 29 parking stalls be provided to service the Project. The Site is situated such that only 16 of the 29 required parking stalls are available for the Project. Of these, 15 on -site parking stalls are provided (including one ADA-accessible space and one golf -cart space) and credit is given for one adjacent on -street parking space on Avenida Martinez for a total of 16 stalls provided. To fulfill the remaining parking requirements for the Project, the VUP was conditioned on the Developer entering a development agreement with the City to require the Developer to pay a parking fee in exchange for crediting 13 parking stalls towards the Project. This fee is to be used for future parking improvements in the Village Commercial zoning district. Pursuant to Section 9.65.030 of the La Quinta Municipal Code, alternative parking arrangements are permitted in the Village Commercial zoning district. F. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties desire to enter into a binding agreement for purposes of (i) setting forth a per - parking stalls payment for the Developer's payment to the City of certain fees for use in connection with future parking improvements in the Village Commercial zoning district that the parties agree are designed to compensate the City for (A) crediting 13 parking stalls r� towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan; GO requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. G. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. H. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan, including the goals and objectives thereof. I. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. J. On January 3, 2012, the City Council adopted its Ordinance No. 495 approving this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and -shall continue for thirty (30) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. The Agreement will be terminated if the Developer no longer uses the Site for the Project or is unable to obtain permanent financing for the Project, provided that in either instance Developer must agree to rescind the VUP. 2465/015610-0125 2303172.6 a12R8/11 -3- 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of February 3 , 2012, which is the date that Ordinance No. 495 takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit "B" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a). termination of this Agreement; or (b) an uncured material default by Developer of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, 'the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this. Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: M all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with 2465/015610-0125 2303172.6 a] 2128/11 -4- the Development Plan, unless such New laws are (A) adopted by the City on a City wide - basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.4; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract or parcel maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (A the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory [W-1111iI-im 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City`s Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from. establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2465ro13610-0125 2303172.6 a12128/11 -5- 2.3 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.4 Credit of Parking Stalls. In exchange for the full performance of the Developer's Obligations described in Section 3, the City shall credit the Developer with 13 parking stalls as permitted by the La Quinta Municipal Code, which spaces shall be counted towards fulfilling the Project's parking obligations. 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" as well as all other conditions of approval that have been or may be imposed. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "B" may be applicable to the Project if and as associated with future Project approvals. 3.2 Restriction on the Site. Prior to, and as a condition precedent of, the City's issuance of any building permit for the Project, and immediately following payment of the fees detailed in Section 3.3.2, the Developer shall submit to the City, obtain approval thereof, and record a deed restriction (the "Restriction") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) require the Developer's payment of the fees as described in Section 3.3, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of 13 parking spaces; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site business is closed as provided by Section 3.5. The Restriction shall be in a form and substance substantially similar to that of the Restriction attached hereto as Exhibit "C". 3.3 Payments to City by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to the City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 2465/015610-0125 2303172.E a12/28/I1 -6- 3.3.2 Developer's Payments of Up -Front Parking Fees. Prior to, and as a condition precedent of, the issuance of any building permit for the Site, Developer shall pay or cause to be paid to the City the sum of $1,183.53 per parking stall for each of the 13 parking stalls being credited towards fulfilling the Project's parking obligations. The total amount of fees due under this provision prior to the issuance of any building permit for the Site shall be $15,386. This fee shall be paid in two equal installments: (1) the first installment shall be due at the time of issuance of the building permit by the City; and (2) the second installment shall be due at the time of issuance of the certificate of occupancy by the City. 3.3.3 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code § § 65995, et seq. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Development Plan and Conditions of Approval. 3.5 Public Use of Site's Parking Stalls. The parking stalls located on the Site shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Developer (and/or its permitted successors) may reserve five (5) designated spaces for use after 6:00 p.m. At the request of Developer, the Planning Director may consider increasing the number of designated spaces to equal up to 50% of the on -Site parking spaces if the Planning Director determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. To effectuate the City's implementation of its rights under this section, Developer agrees to execute the Parking Easement Agreement attached hereto as Exhibit "F". Developer shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Developer shall not erect or place any signage on the Site prohibiting public parking during times that the on -Site business is closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 2465/015610-0125 _ 2303172.6 W128111 -7- 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or the Parking Easement Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City and reasonably approved by the Developer. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to, promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to. the City, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 'Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La auinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "D", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 2465/015610-0125 _ 2303172.6 al2f28111 _g 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of, this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been' found in compliance with this Agreement, the City, through the City's Planning Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1 ) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option -and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of VUP Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of the conditions of approval for the VUP approved by the City which relate to Developer's obligation to enter into a development agreement for the payment of parking fees and fulfillment of parking obligations. 4.5 City Use of Parking Fee The. City hereby agrees that the parking fee paid by Developer will be dedicated for future parking improvements in the Village Commercial zoning district. 2"5/OS5610.6125 2303172.6 aIM8111 -9- 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. Without limiting the scope of what is considered "material," the parties agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be a material default. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than ten (10) days for thirty (30) days for non -monetary defaults) after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within ten (10) days for thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such ten (10) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City or its respective officers, officials, members, agents, employees, and representatives for 2465/015610-0125 2303172.E a 12R8/11 -10_, damages or monetary relief (except for attorneys' fees as provided for by Section 8:22) for any breach of this Agreement by the City or arising out of or connected with any dispute, controversy, or issue between Developer and the City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances. on the Project Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of. Default to Mortgagee; Right t of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within ten (10) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, .or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within ten (10) 2465/015610-0125 2303172.6 OM8111 -11- days [thirty (30) days for non -monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such ten (10) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have.the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement, without first obtaining the City's prior written consent; provided, however, that any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit "E", attached hereto. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: 2465/015610-0125 2303172.6 ai2/28/11 -12- To City: City of La Quinta PO Box 1504 La Quinta, California 92247 Attn: Planning Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Kathryn Carlson VPAH, LLC P.O. Box 1711 La Quinta, CA 92253 Telephone: 760-564-3833 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. The City and the Developer may also extend times of performance under this Agreement in writing. Notwithstanding the paragraph above but subject to the termination options in Section 1.1, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining'suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or 2465/015610.0125 2303172.6 a12128/11 -13- not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity.. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City Officers and Em to ees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, etseq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. 2465/015610.0125 2303172.6 aIMS/I 1 -14- 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such. right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Planning Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 2465/015610-0125 2303172.6 a 12/28/11 -1 S` 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" - "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C Restriction D Compliance Certificate E General Assignment and Assumption Agreement F Parking Easement Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 2465/015610-0125 2303172.6 a12/2&/11 -16- 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (Iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on the City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms. of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party malting such representations. [Signatures on following page.] 24651015610-0125 2303172.6 a12M/11 -17- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" VPAH, LLC, a California limited liability company ! r t Xts: [Signatures continue on next page.] 24651015610-0125 2303172.6 a12)28/11 -1 g" "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: j Mark Weiss Interim City Manager ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP SHED IN COUNTERPART M. Katherine Jenson City Attorney 2465/41561"125 2303172-6 a12128l11 - t 9- 'ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM . RUTAN & TUC ER, LLP K therine Jen City Attorney "CITY" CITY OF LA QUINTA, a California -municipal corporation and charter city. By. SIGNED IN COUNTERPART Mark Weiss Interim City Manager 246SM15610-0125 23031.72.6 e12128111 -19- State of California County of Riverside On February 8, 2012, before me, SUSAN MAYSELS, Notary Public, personally appeared KATHRYN J. CARLSON who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSANKAYIffl rCOMM. #1844479 NOTARYRNERSIDE COUNTY Signature Conrniadae APR1 a013 (seal) State of California County of Riverside On February 13, 2012, before me, SUSAN MAYSELS, Notary Public, personally appeared MARK WEISS who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NSUSAN N�IAYS�LS cOMM. #1844479 ac NOTARY PUBLIC • CALIFORNIA RIVERSIDE COUNTY Signature Commission APR 13 2413 (seal) DOCUMENT: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA and VPAH, LLC. -20- EXHIBIT "A" TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. 2465ro15610-0125 _2 2303172.6 a1228/11 EXHIBIT "B" TO DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Village Use Permit shall comply with the requirements and standards of the La Quinta Municipal Code ("LQMC"), Village Use Permit VUP 08-042, Right of Way Vacation ROW 2008-016, and Development Agreement DA 11-022. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Village Use Permit approval shall expire on September 27, 2013, two years after its effective date, pursuant to Section 9.200.060 (C) of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 4. It is understood by the Applicant that the Village Animal Hospital has formally requested to enter into a Development Agreement (DA 2011-042) for the purpose of providing compensation via in -lieu fees for the parking shortage associated with this approval. It is also understood that the applicant has requested a vacation of a portion of public right of way (ROW 08-016) in order to accommodate the project. This Village Use Permit shall not be effective unless and until both the Right of Way Vacation and Development Agreement have been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2008-042 shall be in effect with respect to expiration, as stated under Condition #3. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) 24651015610-0125 _�2_ 2303172.6 OVUM • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above .listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010- 0014-DWQ. A. For construction activities including clearing, grading or excavation of land, the Permitee may be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board if required by the Building Official. The applicant .or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2465/015610-0125 2303172.6 OVUM -23- 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The inclusion in the Master HOA Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). B. Approval of this Village Use Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall submit a cash deposit to the City to cover the costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid prior to any review and any remaining deposit will be returned to the Developer. 10. Developer shall submit a cash deposit to the City to cover the costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid prior to any review and any remaining deposit will be returned to the Developer. PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the 2465ro15610-0125 2303172.6 a 12/28/11 -24- proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" farm located at the Public Works Department Counter prior to Certificate of Occupancy. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Eisenhower Drive (Primary Arterial, 100' ROW) - No additional right of way is required from the standard 50 feet from the centerline of Eisenhower Drive for a total 100-foot ultimate developed right of way. 2) Avenida Martinez (Local Street, 60' ROW) - No additional right of way dedication is required for the standard 30 feet from the centerline of Avenida Martinez for a total 60-foot ultimate developed right of way. 3) Avenida Montezuma (Modified Local Street (One Way), 80' ROW) - No additional right of way dedication is required for the standard 40 feet from the centerline of Avenida Montezuma for a total 80-foot ultimate developed right of way. 15. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Village Use Permit site plan are necessary prior to the certificate of occupany, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 24651015610-0125 2303172.6 a12128111 -25- 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas shown on the Village Use Permit. 17. Direct vehicular access to Eisenhower Drive, Avenida Montezuma, and Avenida Martinez is restricted, except for those access points identified on the conceptual grading plan of the Village Animal Park for the Village Use Permit, or as otherwise conditioned in these conditions of approval. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easement is approved by the City Engineer. 20. This project relies on the vacation of current city right-of-way. Right-of-way vacation is on the northeast corner of Eisenhower Drive and Avenida Montezuma as shown on the Village Animal Park Conceptual Grading Plan. This right-of-way vacation must be completed prior to any additional discretionary City permits. STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design — Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 22. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 23. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Eisenhower Drive (Primary Arterial, 100' ROW): No additional right of way is required from the standard 50 feet from the centerline of Eisenhower Drive for a total 100-foot ultimate developed right of way. Additionally, the developer shall dedicate sufficient right of way for the construction of a future traffic signal at the intersection of Eisenhower Drive and 2465/015610-0125 2303172.E a12126/l1 -26- Avenida Montezuma. The City will design a preliminary traffic signal layout that may require a portion of the Right -Of -Way that is requested to be vacated. Other required improvements in the Eisenhower Drive right-of- way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, signs, sidewalk, installing curb ramps, and removing curb ramps 2) Avenida Montezuma (Modified Local Street (One Way), 80' ROW): No additional right of way dedication is required for the standard 40 feet from the centerline of Avenida Montezuma for a total 80-foot ultimate developed right of way. Additionally, the developer shall dedicate sufficient right of way for the construction of a future traffic signal. at the intersection of Eisenhower Drive and Avenida Montezuma. The City will design a preliminary traffic signal layout that may require a portion of the Right -Of -Way that is requested to be vacated. Other required improvements in the Avenida Montezuma right- of-way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, signs, sidewalk, catch basin, driveways, installing curb ramps, and removing curb ramps 3) Avenida Martinez (Local Street, 60' ROW): No additional widening on the south side of the street along all frontage adjacent to the Village Use Permit boundary is required as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La auinta's urban arterial design standard. Other required improvements in the Avenida Martinez right-of- way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, signs, sidewalk, catch basin, driveways, installing curb ramps, and removing curb ramps 2465/015610-0125 23031n.6 a12/28111 -27- The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 24. General access points and turning movements of traffic are limited to the proposed access driveways on Avenida Montezuma and Avenida Martinez. Right turn in and right turn out movements are permitted on Avenida Montezuma. All turn movements are permitted on Avenida Martinez. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall -conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 16 feet with access drive aisles to Public Streets a minimum of 20 feet as shown on the Village Use Permit site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 26. The applicant shall design pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: 2465/015610-OM 2303172.6 al2/28/11 -28- 27 Parking Lot & Aisles (Low Traffic) Parking Lot & Aisles (High Traffic) Loading Areas or the approved equivalents of alternate The applicant shall submit .current mix des of construction) for base, asphalt concre submittal shall include test results for procedure. For mix designs over six montl (less than six months old at the time o1 results confirming that design gradations c� applicant shall not schedule construction or 28. Improvements shall be designed and con; standards, supplemental drawings and s f Engineer. Improvement plans for streets, stamped and signed by engineers registere IMPROVEMENT PLANS .0" a.c./4.5" c.a.b. .5" a.c./5.5" c.a.b. 6" P.C.C./4" c.a.b. Is. Ins (less than two years old at the time and Portland cement concrete. The II specimens used in the mix design old, the submittal shall include recent construction) aggregate gradation test i be achieved in current production. The ;rations until mix designs are approved. ucted in accordance with City adopted :ifications, or as approved by the City ccess gates and parking areas shall be in California. As used throughout these Conditions of Approva , professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 29. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement PI ns). 30. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional diet it or plan clarity is desired. Note, the applicant may be required to prepare of er improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan (Options) 1 " = 40' Horizontal B. Precise Grading Plan (Commercial De elopment) 1" = 20' Horizontal The Precise Grading plan shall inc C. On -Site Sewer and Water Plan D. PM 10 Plan 2465ro15610-0125 2303172.6 aIM8/11 -29- �: Storm Drain/Underground Retention. 1" = 30' Horizontal 1 " = 40' Horizontal E. WQMP (Plan submitted in Report Form) F. Off -Site Street Improvement/Storm Drain Plan/ Sidewalk 1 " = 40' Horizontal, 1 " = 4' Vertical G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: A through G to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. Precise grading plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, sidewalks, building floor elevations, wall elevations, parking lot improvements, ADA requirements, stop signs, limit lines, and legends, no parking signs, raised pavement markers, and street name signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover.to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the current California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 2465/015610-0125 2303172.6 a12/28/11 -30- 31. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website Iwww.la- quinta.org?. Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 32. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 33. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 34. Prior to constructing any off -site improvements, the developer shall deposit securities in accordance with Engineering Bulletin 09-02 or as approved by the City Engineer. 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements. 36. Depending on the timing of the development of this Village Use Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this entitlement. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. 2465/015610-0125 2303172.6 a 12M111 -31- In the event that any of the improvements required for this development are constructed by the City, the applicant shall reimburse the City for the costs of such improvements. 37. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 40. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls), and E. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its applioation for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 2465/015610-0123 2303172.6 al2/28/11 -32- 41. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 43. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 44. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 45. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 46. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 47. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant 2465M 5610.0125 2303172.6 a12 111 -33- provides site specific data indicating otherwise and as approved by the City Engineer. 48. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 49. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 51. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 2465ro15610-0125 2303172.6 a] 2/28/11 -34- 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 54. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 55. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If parking construction in commercial development is initially constructed with partial pavement thickness, the applicant shall complete the final pavement prior to final inspections of the building(s) within the development or when directed by the City, whichever comes first. 56. A smooth finish for the building shall be used rather than sand finish. SCREENING AND OUTDOOR LIGHTING 57. All rooftop mechanical equipment shall be completely screened from view. Utility transformers and other ground mounted mechanical equipment shall be fully screened by screening walls or landscaping, and painted to match the adjacent buildings. 58. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor or bulb refractor if deemed necessary by staff, and shall be turned off or reduced to a level deemed appropriate during night time hours by the Planning Director. LANDSCAPE AND IRRIGATION 59. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), and 8.13 (Water Efficient Landscape). 60. The applicant shall provide landscaping in the required setbacks, retention basins, common lots, park areas, and perimeter areas. 61. Landscape and irrigation plans for landscaped lots, perimeter areas, setbacks, and retention basins shall be signed and stamped by a licensed landscape architect. 2465/015610-0125 2303172.6 ai2118111 -35- 62. The applicant shall submit final landscape plans for review, processing and approval to the Planning Department, in accordance with the Final Landscape Plan (FLP) application process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. When plan checking has been completed by the Planning Department, the applicant shall , obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to re -submittal for signature by the Planning Director. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Planning Director and/or the City Engineer. 63. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 64. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 65. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation. systems is required by the Planning Department prior to final project sign -off by the Planning Department. Prior to any field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with .the approved final landscape plans shall be submitted to the Planning Department. 66. The size of the trees in the parkinglot shall be increased to 36- from 24-inch (minimum diameter calipers) boxes in the landscaping area. 67. Add additional dog relief area into the landscaping someplace for waiting animal patients. 68. The landscaping plan shall replace Fruitless Olive trees with Palo Verde trees. MAINTENANCE 69. The applicant shall comply with the provisions of LOMC Section 13.24.160 (Maintenance). 2465/015610-0125 -36- 2303172.6 a12/28/11 70. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 71. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. Applicant shall pay the fees as required by the Desert Sands Unified School District, as in effect at the time requests for building permits are submitted. FIRE DEPARTMENT 73. Approved accessible on -site super fire hydrants shall be located not to exceed 400 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 74. All Fire Department Appliances such as, FDCs and PIVs shall be located on the front access side of the building. PIV and FDC appliances shall not less than 40' from the building and within 50' of an approved roadway and no more than 200' from an approved hydrant. 75. Install a complete commercial fire sprinkler system (per NFPA 13). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. 76. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 77. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. Required order forms and installation standards may be obtained at the Fire Department. 78. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, 24651015610-0125 2303172.6 al2l28111 -3 7- letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 79. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 80. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2010 CBC. No class , I, 11 or IIIA of combustible/flammable liquid shall be used in any amount in the building. 81. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2010 California Building Code. 82. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM on outside of door. 83. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 84. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 85. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 86. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 87. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff, 2010 CIVIC. 88. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 89. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 {located at www.rvcfire.org). Access lanes will not have an up; or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 24651015610-0125 _38_ 2303172.6 a12/28l11 EXHIBIT "C" TO DEVELOPMENT AGREEMENT DEED RESTRICTION See Attached 2465ro15610.0125 _39_ 2303172.6 a12l28111 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEED RESTRICTION FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VPAH, LLC., a California limited liability company ("Declarant"), hereby covenants and declares for the benefit of the City of La Quinta, a California municipal corporation and charter city (the "City"), the following covenants, conditions, reservations and restrictions, which shall run with the real property described herein and shall be binding on Declarant and City and their successors and assigns, and all other persons or entities acquiring any interest in the real property described herein, and shall remain in full force and effect from the date of recordation of this Deed Restriction unless terminated or modified as hereinafter provided. 1. Purpose: Declarant owns the 0.35 acre parcel of real property ("Site") located at the northeast corner of Eisenhower Drive and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California, which Site .is legally described in Exhibit "A" attached hereto, which is the subject of this Deed Restriction. In connection with the Site, the City approved Village Use Permit No. 2008-042 (the "VUP"), subject to conditions of approval, which provides planning and development criteria for a project commonly known as Village Park Animal Hospital (the "Project"). The La Quinta Municipal Code requires the provision of 29 parking stalls to service the Project. On f-68. g , 2012 the Declarant and the City entered into that certain Development Agreement (the "Development Agreement") for the purposes of (i) setting forth a per -parking stall payment for the Declarant's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 13 parking stalls located in the Village Commercial zoning district towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking spaces in the Village Commercial zoning district; (ii) requiring the Declarant and its successors -in -interest to provide public parking on the Site; and (iii) granting Declarant a vested right to develop the Site according to the Development Plan. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. In accordance with Section 3.2 of the Development Agreement, Declarant is required to record this Deed Restriction against the Site to (i) require the Declarant's payment of the fees as described in Section 3.3 of the Development Agreement, 00 acknowledge that such fees have been paid and that the 24651015610-0125 2M3172.6 a12128/11 -40- parking obligation for the Project is fulfilled by the credit of 13 parking stalls; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site business is closed as provided by Section 3.5 of the Development Agreement. 2. Acknowledgement of Payment and Credit of Parking Stalls. In connection with the Project, the City has credited the Declarant with 13 parking stalls, and these stalls are counted towards fulfilling the Project's parking obligations to provide 29 parking stalls for the Project. In connection with this credit, Declarant has paid the City a parking fee in the amount of $1,183.53 for each parking stall towards the Project's parking obligation for a total of $15,386. 3. Use of Site Parking Lot by General Public. The parking stalls located on the Site shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Declarant (and/or its permitted successors) may reserve five (5) designated spaces to remain open after 6:00 p.m. At the request of Declarant, the Planning Director may consider increasing the number of designated spaces to equal up to 50% of the on -Site parking spaces if the Planning Director determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. Declarant shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Declarant shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 1 1:00 p.m. every day of the week. 4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or the Development Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of the Development Agreement, this Deed Restriction, or the Parking Easement Agreement; the Declarant shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City and reasonably approved by Declarant. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Declarant shall provide a defense to the indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Declarant shall be 24651015610-0125 2303172.6 a 12/28/11 -41- obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Declarant in any such defense as Declarant may reasonably request. 5. Run with the Land; Binding on Successors and Assigns. The covenants, conditions, reservations and restrictions herein shall run with the Site and shall be binding upon Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of the Site, and shall benefit the City and be enforceable by the City and its successors and assigns. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein whether or not any reference to this Deed Restriction is contained in the instrument by which such person or entity acquired an interest in the Site. 6. Term; Amendment and Termination. The covenants, conditions, reservations and restrictions may be validly terminated, amended or modified, in whole or in part, only by recordation with the Riverside County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the Site that is directly affected by such termination, amendment or modification. ' 7. Recording. This Deed Restriction shall be recorded on the Site described in Exhibit "A" in the Office of the County Recorder, Riverside County, California. 8. Authority of Signatories _to_Bind_Principals. The persons executing this Deed Restriction on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Deed Restriction and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Counterparts. This Deed Restriction may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [Signatures on next page.] 24651015610-0125 2303172.6 aIM8111 -42- IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of the date set forth above. "Developer" VPAH, LLC, a California limited liability company By: Its: By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: -- City Manager ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine .Jenson, City Attorney 2465/015610-0125 2303172.6 al2/28/11 "43_ State of California County of Riverside On , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of California County of Riverside On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -44- (seal) EXHIBIT "A" TO DEED RESTRICTION LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. 2465ro15610-0125 2303172.E al MS/11 45- EXHIBIT "D" TO DEVELOPMENT AGREEMENT COMPLIANCE CERTIFICATE See Attached 2469015610.0125 2303172.6 al2128/11 46- COMPLIANCE CERTIFICATE (VPAH, LLC DEVELOPMENT AGREEMENT) The undersigned, VPAH, LLC, a California limited liability company ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated , 2011, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the "City"). by its signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior.to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the Restriction required by Section 3.2 of the Development Agreement has been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. VPAH, LLC, a California limited liability company By: Its: By: Its: 2465/015610-0125 2303172.6 al2126l11 -47- SCHEDULE 1 TO COMPLIANCE CERTIFICATE CONDITIONS OF APPROVAL ATTACHED IS A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED. 24651015610-0125 2303172.6 a12/28/11 48- EXHIBIT "E" TO DEVELOPMENT AGREEMENT GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT See Attached 2465/01561U125 2303172.6 al2l28111 -49- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of F ("Effective Date"), by and between VPAH, L.LC, a California limited liability company (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the developer of 0.35 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer" and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated FE5. g , 2012 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -parking stall payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 13 parking stalls towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]. ' E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement las to the Designated Site] to Assignee, and Assignee desires to 2463/013610-0125 2303172.6 al2/28/11 -50- accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same 2469015610-0125 2303172.6 a12126l11 -51- instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" VPAH, LLC, a California limited liability company By: Its: By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK) 24651015610-0125 2303172.6 a12/28111 -52- State of California County of Riverside On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of California County of Riverside On , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -53- (seal) EXHIBIT "A" TO ASSIGNMENT AND ASSUMPTION AGREEMENT LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. 24651015610-0125 2303172.6 a12/28111 -54- EXHIBIT "B" TO ASSIGNMENT AND ASSUMPTION AGREEMENT DESIGNATED SITE (to be attached prior to execution of this agreement) 55 EXHIBIT mF" TO DEVELOPMENT AGREEMENT PARKING EASEMENT AGREEMENT See Attached 56 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 Attn: City Clerk Space above this line for Recorder's use only (Exempt from Recording Fee per Gov't Code § 6103) PARKING EASEMENT AGREEMENT THIS PARKING EASEMENT AGREEMENT (the "Easement Agreement") is made as of this P�- day of FE 5 , 2012 by and between VPAH, LLC, a California limited liability company ("Developer"), and CITY OF LA QUINTA, a California municipal corporation and charter city (the "City") (collectively, the "Parties"). RECITALS A. Developer is the owner of that certain real property (the "Site") more particularly described in Exhibit "A" attached hereto upon which is to be developed the Village Park Animal Hospital (the "Project"). B. Developer and the City have entered into that certain Development Agreement (the "DA") for purposes of granting Developer a credit of 13 parking stalls towards the Project's required packing under the La Quinta Municipal Code in exchange for Developer paying to the City a parking fee. C. In Section 3.5 of the DA, Developer agreed to allow access to the parking stalls located on the Site (the "Parking Stalls") between 6:00 p.m. and 2:00 a.m. D. The Parties hereto desire to enter into this Easement Agreement for providing appropriate access to the Parking Stalls, in accordance with Section 3.5 of the DA. NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: 9.0 Grant of Parking Easement. Developer, for itself and its respective successors and assigns, hereby grants to the City,. its successors and assigns, and their tenants, subtenants, agents, licensees invitees (including employees, faculty, students and guests), and the general public for the benefit of the Property, a non-exclusive easement and right- of-way in, upon, over, and under the Parking Stalls (and all improvements located thereon) for the purpose of providing parking spaces on an "as available" basis ("Parking Use") 57 between 6:00 p.m. and 2:00 a.m., in accordance with and subject to terms and conditions of the DA and this Easement Agreement. 10.0 Term. The Parties agree that this Easement Agreement shall continue to be valid and binding as long as the DA remains in force pursuant to Section 1.1 of the DA. 11.0 Indemnity. 11.1 Developer agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from any negligent maintenance or omission related to the Site by the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. 11.2 Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Easement Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City and reasonably approved by Developer. 11.3 In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or M above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 12.0 Successors and Assigns. The terms, covenants and conditions of this Easement Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective Parties hereto. 13.0 Attorneys' Fees. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Easement Agreement or otherwise arising out of this Easement Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 58 14.0 Notices. All notices permitted or required hereunder must be in writing and shall be effected by G) personal delivery, Vi) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta PO Box 1504 La Quinta, California 92247 Attn: Planning Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Kathryn Carlson VPAH, LLC P.O. Box 1711 La Quinta, CA 92253 Telephone: 760-564-3833 15.0 Governing Laws. This Easement Agreement shall be construed in accordance with the laws of the State of California. 16.0 Execution in Counterpart. This Easement Agreement may be executed in several counterparts, and all so executed, when taken together shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 17.0 Severability. If any term, provision of condition contained in this Easement Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Easement Agreement, except those terms, provisions or conditions which are made subject to or conditions upon such invalid or unenforceable terms, provisions or conditions, shall not be affected thereby, and each term, provision and condition of this Easement Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.0 Modifications. This Easement Agreement and the easements granted hereunder may not be amended or otherwise modified, except by an agreement in writing signed by the parties hereto. No such amendments or modifications shall have any force or effect whatsoever unless and until they are written and executed in such a manner. 19.0 Running With The Land. The Easement Agreement, and all burdens and benefits created thereby shall be appurtenant to and shall run with the respective property of Developer. Upon recordation of this Developer Agreement, every person or entity that now or hereafter owns or acquires any right, title or interest in or to all or any portion of the Property or the Parking Stalls is and shall be conclusively deemed to have consented and agreed to every provision of this Easement Agreement, whether or not any reference 59 to this Easement Agreement is contained in the instrument by which such person or entity acquired such interest. 20.0 Conflict with the DA. In the event of a conflict between this Easement Agreement and the DA, the terms of the DA shall govern and control. 21.0 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the date first written above. "Developer" VPAH, LLC, a California limited liability company By: k4tA2�� Its: /L1y\ J • �rr�SOYz TRtSrrc�et�"r B I . "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: YIN dl(o� a Mark Weiss, Interim City Manager ATTEST: 51t4� �4 Susan Maysels, Interim City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson, City Attorney Z1 to this Easement Agreement is contained. id tie instrument by which such person or entity acquired such interest. 20.0 Conflict with the DA. In the event of a conflict between this Easement Agreement and the DA,. the terms of the DA' shall govern and control. 21.0 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the date first written above. "Developer" VPAH, LLC, a California limited liability company r I �! IIWMPT� 1 By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By, SKIM 1N COUNTERPART Mark Weiss, Interim City Manager ATTEST: SIGNED IN COUNTERPART Susan Maysels, lnterim- City Clerk APPROVED AS TO FORM RUT TU K , LLP 7 . Katherine Jenso it Attorney 60 State of California ) County of Riverside ) On Fr'13 . & 7,01( . before me, SU.5A4 MAYSE LS (insert name and title of the officer) Notary Public, personally appeared J. C, A P, L.5o n] who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/aye subscribed to the within instrument and acknowledged to me that kelshe/they► executed the same in %is/her/ yr authorized capacity(Wo), and that by dais/herwaeetr signature(%) on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of Riverside SUSAN AIWYSELS COMM. #1844479 NOTARY PUBLIC • CALIFORNIA RIVERSIDE COUNTY CMg!LM ' ARM 11 2M (Seal) On E 3 ZO 1 Z , before me,StA$A14 _MA__V Sr,Ls ` (insert name and title of the officer) Notary Public, personally appeared [C W F J S$ _ who proved to me on the basis of satisfactory evidence to be the personO whose name0t) is/.ao& subscribed to the within instrument and acknowledged to me that hehAaMwo executed the same in hisAvasAbak authorized capacity(W), and that by his Y►e signature(v) on the instrument the person(%), or the entity upon behalf of which the personW acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN,MAYS ELS WITNESS my hand and official seal. COMIN-11 .l a CALIF NOTARY PUBLIC CAUFORNIA a RIVEIM COUNTY Cort�mbtion APR 13, �013 Signature (Seal) 61 EXHIBIT "A" TO PARKING EASEMENT AGREEMENT LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. 62 ORDINANCE NO. 495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND VPAH, LLC DEVELOPMENT AGREEMENT 2011-022 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27th day of September, 2011, certify an environmental determination and approve Village Use Permit 20087042 for the Village Park Animal Hospital under La Quinta Planning Commission Resolution 201 1-015, subject to conditions, particularly Condition No. 4, requiring that a Development Agreement be prepared for the project; and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 81n day of November, 2011, hold a duly noticed Public Hearing to consider the Development Agreement, and did in fact adopt Planning Commission Resolution 201 1-017, recommending approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council" ), did on the 20th day of December, 2011, hold a duly noticed public hearing to consider the Development Agreement; and, WHEREAS, at said City Council 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 justify approving the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for Village Use Permit 2008-042, as approved and adopted under Planning Commission Resolution 2011-015. 2. • The land use 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 Village Commercial, which permits variations to the City's parking requirements. The proposed parking Ordinance No. 495 Development Agreement 2011-022 Village Park Animal Hospital- VPAH, LLC Adapted: January 3, 2012 Page 2 provisions of Village Use Permit 2008-042, in conjunction with approval of this Development Agreement, will provide assurance that the intent of applicable land use regulations are met by the project. 3. The proposed Development Agreement conforms to the public convenience and the general welfare, by providing the means for public parking improvements, and conforms to good land use practice by requiring an acceptable alternative for the provision of parking, to accomplish development of the contemplated commercial project. 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, specifically Village Use Permit 2008-042, to provide for necessary and desirable improvements, with these approvals 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, nor the quality of life within the community, but conversely, will enhance them by encouraging planned, phased growth. 6. Approval of this Development Agreement will have a positive fiscal impact on the City, as it will provide supplemental funding towards necessary public parking improvements in the Village at La Quinta, which might otherwise be unattainable given currently available funding sources. 7. Consideration of this 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 governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Interim City Manager to sign the Development Agreement on behalf of the City, and the Ordinance No. 495 Development Agreement 201 1-022 Village Park Animal Hospital- VPAH, LLC Adopted: January 3, 2012 Page 3 City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use Permit 2008-042, as a Categorical Exemption under the Guidelines for Implementation of the California Environmental Quality Act, Section 15332 (Infill Development), was confirmed and adopted by the Planning Commission under Planning Commission Resolution 201 1-015. Said determination, along with the approval for Village Use Permit 2008-042, was adopted by the Planning Commission on September 29, 2011. The Development Agreement does not involve changes to the project itself, and there have been no changes in circumstances or new information regarding the project or its setting that would require any subsequent environmental review, pursuant to Section 15162 of the CEQA Guidelines. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3' day of January 2012, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None AN, "1/4--- DON AD LPH, 4ayor City of La Quinta, California Ordinance No. 495 Development Agreement 201 1-022 Village Park Animal Hospital- VPAH, LLC Adopted: January 3, 2012 Page 4 ATTEST: VERONICA, "TECINO, City Clerk City of Lainta, California (CITY SEAL) APPROVED AS TO FORM; ATHERINE JEft6N,City Atta City of La Quinta, Mlifornia STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA ) I, VERONICA MONTECINO, 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. 495 that was introduced at a regular meeting on the 201h day of December, 2011, and was adopted at a regular meeting held on the 3'd day of January, 2012, not being less than 5 days after the date of introduction thereof. further certify that the foregoing Ordinance was posted in three places within the City of La Quint as specified in City Council Resolution 98-109. VERONICA MONTECINO, City Clerk City of La Quinta, California DECLARATION OF POSTING 1, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the regoing ordinance was p sted on January 4, 2012, pursuant to City Council Resol 'an. VERONICA MONTECINO, City Clerk City of La Quinta, California RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 Attn: City Clerk DOC # 2012-0124149 03/16/2012 01:48P Fee:NC Page 1 of 7 Recorded in official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 S R U PAGE SIZE DA MISC LONG RFD COPY A L 465 426 POOR NCOR _CT SMF NCH I�11A11 V� + T: Y UNI Space above this fine for Recorder's use only (Exempt from Recording Fee per Gov't Code § 6103) PARKING EASEMENT AGREEMENT THIS PARKING EASEMENT AGREEMENT (the "Easement Agreement") is made as of this � day of FE 5 , 2012 by and between VPAH, LLC, a California limited liability company ("Developer"), and CITY OF LA QUINTA, a California municipal corporation and charter city (the "City") (collectively, the "Parties"). RECITALS A. Developer is the owner of that certain real property (the "Site") more particularly described in Exhibit "A" attached hereto upon which is to be developed the Village Park Animal Hospital (the "Project"). B. Developer and the City have entered into that certain Development Agreement (the "DA") for purposes of granting Developer a credit of 13 parking stalls towards the Project's required parking under the La Quinta Municipal Code in exchange for Developer paying to the City a parking fee. C. In Section 3.5 of the DA, Developer agreed to allow access to the parking stalls located on the Site (the "Parking Stalls") between 6:00 p.m. and 2:00 a.m. D. The Parties hereto desire to enter into this Easement Agreement for providing appropriate access to the Parking Stalls, in accordance with Section 3.5 of the DA. NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: 9.0 Grant of Parking Easement. Developer, for itself and its respective successors and assigns, hereby grants to the City, its successors and assigns, and their tenants, subtenants, agents, licensees invitees (including employees, faculty, students and guests), and the general public for the benefit of the Property, a non-exclusive easement and right- of-way in, upon, over, and under the Parking Stalls (and all improvements located thereon) for the purpose of providing parking spaces on an "as available" basis ("Parking Use") between 6:00 p.m. and 2:00 a.m., in accordance with and subject to terms and conditions of the DA and this Easement Agreement. 10.0 Term. The Parties agree that this Easement Agreement shall continue to be valid and binding as long as the DA remains in force pursuant to Section 1.1 of the DA. 11.0 Indemnity. 11.1 Developer agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from any negligent maintenance or omission related to the Site by the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. 11.2 Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Easement Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City and reasonably approved by Developer. 11.3 In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 12.0 Successors and Assigns. The terms, covenants and conditions of this Easement Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective Parties hereto. 13.0 Attorneys' Fees. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Easement Agreement or otherwise arising out of this Easement Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 2 14.0 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, GO first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta PO Box 1504 La Quinta, California 92247 Attn: Planning Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Kathryn Carlson VPAH, LLC P.O. Box 171 1 La Quinta, CA 92253 Telephone: 760-564-3833 15.0 Governing Laws. This Easement Agreement shall be construed in accordance with the laws of the State of California. 16.0 Execution in Counterpart. This Easement Agreement may be executed in several counterparts, and all so executed, when taken together shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 17.0 Severability. If any term, provision of condition contained in this Easement Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Easement Agreement, except those terms, provisions or conditions which are made subject to or conditions upon such invalid or unenforceable terms, provisions or conditions, shall not be affected thereby, and each term, provision and condition of this Easement Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.0 Modifications. This Easement Agreement and the easements granted hereunder may not be amended or otherwise modified, except by an agreement in writing signed by the parties hereto. No such amendments or modifications shall have any force or effect whatsoever unless and until they are written and executed in such a manner. 19.0 Running With The Land. The Easement Agreement, and all burdens and benefits created thereby shall be appurtenant to and shalt run with the respective property of Developer. Upon recordation of this Developer Agreement, every person or entity that now or hereafter owns or acquires any right, title or interest in or to all or any portion of the Property or the Parking Stalls is and shall be conclusively deemed to have consented and agreed to every provision of this Easement Agreement, whether or not any reference 3 to this Easement Agreement is contained in the instrument by which such person or entity acquired such interest. 20.0 Conflict with the DA. In the event of a conflict between this Easement Agreement and the DA, the terms of the DA shall govern and control. 21.0 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the date first written above. "Developer" VPAH, LLC, a California limited liability company j Mk Wiklat? RANI !aq*u ®r V NO 6, B 1 . "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: 0i t1-1L 6� 9 Mark Weiss, Interim City Manager ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson, City Attorney 4 to this Easement Agreement is contained irithe instrunlerit by which such person or entity acquired such interest. 20.0 Conflict with the DA. In the event of a conflict between this Easement Agreement and the DA,.the terms of the Da shall govern and control. 21.0 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the date first written above. Developer" VPAH, LLC, a California limited liability company By: Its: s 'cfcP By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: . SKiMED IN COUNTERPART Mark Weiss, Interim City Manager ATTEST: SIGNED IN COUNTERPART Susan Maysels, Interim- City -Clerk APPROVED AS TO FORM RUT TU , LLP , . Katherine Jenso ity Attorney 4 State of California County of Riverside On Fe g . %, 2.01 t , before me, SU.5A4 MAvsE t.s , (insert name and title of the officer) Notary Public, personally appeared �T±j __j, CAP LSo P] who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/ass subscribed to the within instrument and acknowledged to me that Iw/she/thw executed the same in iWelherl ►r authorized capacity(ift), and that by 443/herAtM& signature(*) on the instrument the person(4), or the entity upon behalf of which the person(*) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of Riverside SUSAN MAYSELS COMM. $184"79 tT�+ NOTARYRNE COUNTY Ca+e► APR 1 �13 (Seal) Ong 70 iZ -,before me,JNS M56L , J (insert name and title of the officer) Notary Public, personally appeared MARK HIV EI S$ who proved to me on the basis of satisfactory evidence to be the person(*) whose name(b) islaor subscribed to the within instrument and acknowledged to me that hem executed the same in hisH"wAbak authorized capacity(iM), and that by his*eu jt signature(*) on the instrument the person(*), or the entity upon behalf of which the person(4) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SUSAN_MAYSELS COMM. #IM079 NOTARY •RHUaRMC� CMft*nM APR 1 ?Li13 (Seal) EXHIBIT "A" TO PARKING EASEMENT AGREEMENT LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of La Quinta City Clerk P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 F',XEMPT FROM RECORDERS FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383. APN: 773-072-019 DOC # 2013-0065014 02/06/2013 12:49P Fee:NC Page 1 of 8 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111111111111111111111111111111111111111 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF HGI EXAM T: cUNI C4, TY SI'A(.F: ABOVE THIS LINE FUR RECORDER'S USE FM STORM WATER MANAGEMENTBMP 00 FACILITIES AGREEMENT NO.20i2-002 City of La Quinta, Riverside County, California THIS AGREEMENT, is made and entered into this ZO !day of J , 2013, by and between Kathryn Carlson, hereinafter called the "Landowner," and the City of La. Quinta, California, hereinafter called the "City." RECITALS WHEREAS, the Landowner is the owner of certain real property describe as Lots 9, 10, 11, and 12 Block 128 of Santa Carmelita at Vale La Quinta No. 14 as recorded by deed in the land records of Riverside County, California, Map Book 18 Page 82. hereinafter called the "Property," and more particularly and legally described in Exhibit, "A" attached hereto and made a part hereof by this reference; and WHEREAS, the City is the owner of Eisenhower Drive, Avenida Montezuma, and Avenida Martinez and its storin drains that are adjacent to the Property, and WHEREAS, the City is subject to the Riverside Countywide National Pollutant Discharge Elimination System (`'NPDES") Municipal Stormwater Permit issued by the State Water Resources Control Board — Colorado River Region No. 7 ("NPDES Permit"): and WHEREAS, pursuant to the NPDES Permit and the City's.Stormwater Management and Discharge Controls Ordinance (codified as Chapter 8.70 of the La Quinta Municipal Code) ("Ordinance"), all new development must implement storm water treatment devices, fund the perpetual maintenance of those devices, and enter into an agreement with the City stating that the landowner, his successors, heirs, and assigns, will maintain the devices, grant a right of entry to City staff for inspections, and agree to pay the cost of such City inspections; and WHEREAS, the Landowner is proceeding to build on and develop the Property; and 2479M15610-0002 1015111,03 03127f12 E�l WITNESS the following signatures and seals: ATT ST: By: /� �/�� Name: +^� b� , t f Please Print Title: Notary must attach an "All -Purpose Acknowledgement" ]. ANDOVdNL By: Name: Kathryn J. Carlson Please Print Title: Owner (Sea]) Uooft A NOTARY ptXX • CM FOFMI RIVERSIDECOMM Com1>tission 1utY AMU, CITY HA QU �. Fra-rWJ. S v k, City Manager ATTEST: AP R VED S FORM: By: LM Susan Maysels, City Clerk A kaffierin0tiyW City Attorney, tw1of La Quinta All signatures on this Agreement on behalf of the Owner must be acknowledged before a Notary Public. In the event that the Owner is a corporation, the President/Vice President and the corporate secretary of the corporation must sign and the corporate sea] must be affixed thereto. 24794115610-0002 W15111 03 a0?r27J12 State of California County of Riverside On January 24, 2013, before me, SUSAN MAYSELS, Notary Public, personally appeared FRANK J. SPEVACEK who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that.the foregoing paragraph is true and correct. WITNESS my hand and official seal. r SUSAoa�wligs 79 NOTARY PUBLIC • CALIFOWA M RSDE COMITY -- Signature Coemisiian ' AQR 13 2013 (seal) DOCUMENT: STORM WATER MANAGEMENT 1 BMP FACILITIES AGREEMENT NO. 2012- 002 between Kathryn Carlson (Landowner) and City of La Quinta dated 1 /24/2013 re: APN 773-072-019. 0 CALIFORNIA' ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of v_y On Z before me, (r personally appeared 1/a V1 (Here insert e� ar. Nara-wq "1 tc title of the officer)I ------------ who proved to me on the basis of satisfactory evidence to be the .iO 1(s) whosd(i�A(s jaare subscribed to the within instrument and aC owledged a that he/( Ithey executed the same in his/fr Their authorized 06cii (ies) and that by his/heir �(s) on the instrument th�(s), or the entity upon behalf of which the rso ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of 1 seal. Signature of PhAwf Public FE�iANDA RI08 COIYtiirl. IM944061 NOTARY RiBw • CAUFOFM RNERUX CanrttiesianETY � ltatE� W8Y ZEI15 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOC NT V\J (T��,rdesc ion of ttached dociutten�t) (Title or description of attached document continue ) Number of Pages I Document Date (Additional information) CAPACi CLAIMED BY THE SIGNER tvtdu s) ❑ orporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (ke. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required l Z—• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization, • Indicate the correct singular or plural forms by crossing off incorrect forms (i,c. kelshe/*ey; is /are ) or circling the correct forms, Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk, 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e, CEO, CFO, Secretary), • Securely attach this document to the signed document 200E Version CAPA v 12.10.07 800-873-4B65 wwvv,NotaryClasses. com ,� 27T822 ��1129/2013 DOIYYYYI CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements}. CONTACT PRODUCER NAME: FAX Commercial Lines - (916) 589-8000 (AtC N Arc No Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 EMAIL ADDRESS: 10940 White Rock Road, 2nd floor INSURERS AFFORDING COVERAGE NAIC 0 Rancho Cordova, CA 95670-6076 INSURER A: Hanover Insurance Company 22292 INSURED INSURER B Village Park Animal Hospital INSURER C : P.O. BOX 1711 INSURER D : La Quints CA 92253 1 INSURER F COVERAGES CERTIFICATE NUMBER: 5532518 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DL UBR POLICY EFF POLICY t3XP LIMITS LT TYPE OF INSURANCE POLICY NUMBER MM1DDfYYYY MMlDDfYYYY A GENERAL LIABILITY ODF905552400 05101/12 05/01/13 EACH OCCURRENCE $ 2,000.000 x COMMERCIAL GENERAL LIABILITY PREMISE Ea occurrence $ 1,000,000 CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000.000 POLICY PRO $ LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY DAMAGE NON -OWNED Per accident $ HIRED AUTOS AUTOS $ X UMBRELLA LIAB OCCUR ODF9055524 5/1/2012 5/1/2013 EACH OCCURRENCE $ 1.000.000 EXCESS LIAB CLAIMS -MADE AGGREGATE S 1,000,000 $ DED RETENTION WC STATU- OTH- wORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEFOeXECUTIVE Y 1 N ❑ N ! A E.L. EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ it yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The City of La Quinta is named as Additional Insured with respect to General Liability CERTIFICATE HOLDER CANCELLATION City Of La Quints SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1504 ACCORDANCE WITH THE POLICY PROVISIONS, La Quinta, CA 92247 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) (This CarA�W mp4M. oa&r wN 5478308 b d m 1111=13) ��nrp�,re flrt•It�Illli�t� 9 POLICY NUMBER: ODF905552400 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: SCHEDULE City of La Quinta PO Box 1504 La Quinta, CA 92247 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. The City of La Quinta is named as Additional Insured with respect to General Liability CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk APN: 773-101-005 DOC # 2014-0132650 04/11 t2014 10:43 AM Fees: $0.00 Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder "This document was electronically submitted to the County of Riverside for recording"" Receipted by: LCWEATHERS Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103) DEED RESTRICTION FOR VALUABLE CONSIDERATION, receipt of Which is hereby acknowledged, VPAH, LLC., a California limited liability company ("Declarant"), hereby covenants and declares for the benefit of the City of La Quinta, a California municipal corporation and charter city (the "City"), the following covenants, conditions, reservations and restrictions, which shall run with the real property described herein and shall be binding on Declarant and City and their successors and assigns, and all other persons or entities acquiring any interest in the real property described herein, and shall remain in full force and effect from the date of recordation of this Deed Restriction unless terminated or modified as hereinafter provided. 1. Purpose: Declarant owns the 0.35 acre parcel of real property ("Site") located at the northeast corner of Eisenhower Drive and Avenida Montezuma,' in the City of La Quinta, County of Riverside, State of California, which Site is legally described in ' Exhibit "A" attached hereto, which is the subject of this Deed Restriction. In connection with the Site, the City approved Village Use Permit No. 2008-042 (the "VUP"), subject to conditions of approval, which provides planning and development criteria for a project commonly known as Village Park Animal Hospital (the "Project"). The La Quinta Municipal Code requires the provision of 29 parking stalls to service the Project. On February 8, 2012 the Declarant and the City entered into that certain Development Agreement (the "Development Agreement") for the purposes of (1) setting forth a per -parking stall payment for the Declarant's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 13 parking stalls located in the Village Commercial zoning district towards fulfilling the Project's parking' obligation; and (B) the potential added wear and tear on the municipal 2465/015610-0125 2303172.6a12/28/11 f infrastructure which will result from the Development Plan and the crediting of the parking spaces in the Village Commercial zoning district; 60 requiring the Declarant and its successors -in -interest to provide public parking on the Site; and (iii) granting the Declarant a vested right to develop the Site according to the Development Plan. Capitalized terms no defined herein shall have the same meaning as set forth in the Development Agreement. In accordance with Section 3.2 of the Development Agreement, Declarant is required to record this Deed Restriction against the Site to (i) require the Declarant's payment of the fees as described in Section 3.3 of the Development Agreement, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of 13 parking stalls; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site business is closed as provided by Section 3.5 of the Development Agreement. 2. Acknowledgement of Payment and Credit of Parking Stalls. In connection with the Project, the City has credited the Declarant with 13 parking stalls, and these stalls are counted towards fulfilling the Project's parking obligations to provide 29 parking stalls for the Project. In connection with this credit, Declarant has paid the City a parking fee in the amount of $1,183.53 for each parking stall towards the Project's parking obligation for a total of $158,386. 3. Use of Site „Parking Lot by General Public. The parking stalls located on the Site shall be available to the general public for use between the hours of 8:00 p.m, and 2:00 a.m.; provided, however, that Declarant (and/or its permitted successors) may reserve five (5) designated spaces to remain open after 6:00 p.m. At the request of Declarant, the Community Development Director may consider increasing the number of designated spaces to equal up to 50% of the on - Site parking spaces if the Community Development Director determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. Declarant shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Declarant shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11,00 p.m. every day of the week. 4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or other persons acting on its behalf �in relation to the Project and/or the Development Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful 2465/015610-0125 2303172.6a12/28/11 — 2 — misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of . whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of the Development Agreement, this Deed Restriction, or the parking Easement Agreement; the Declarant shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parties in said action or proceeding with counsel chosen by the City and reasonably approved by Declarant. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Declarant shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Declarant shall be obligated to promptly pay any final judgment or portion thereof rendered against the indemnified Partiers. The City shall, at no cost to the City, cooperate with the Declarant in any such defense as Declarant may reasonably request. 5. Run with the land; Binding on Successors and Assigns. The covenants, conditions, reservations and restrictions herein shall run with the Site and shall be binding upon Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of the Site, and shall benefit the City and be enforceable by the City and its successors and assigns. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein whether or not any reference to this Deed Restriction is contained in the instrument by which such person or entity acquired an interest in the Site. 6. Term; Amendment and Termination. The covenants, conditions, reservations and restrictions may be validly terminated, amended or modified, in whole or in part, only by recordation with the Riverside County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the Site that is directly affected by such termination, amendment or modification. 2465/015610-0125 2303172.6a12/28/11 — 3 7. Recording. This Deed Restriction shall be recorded on the Site described in Exhibit "A" in the Office of the County Recorder, Riverside County, California. 8. Authority of Signatories to Bind Principals. The persons executing this Deed Restriction on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Deed Restriction and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 9. Counterparts. This Deed Restriction may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [Signatures on next page.] 2465/015610-0125 2303172.6a 12/28/11 - 4 - IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of the date set forth above. "Developer" VPAH, LLC, a California limited liability company By: Its: �k ES f I✓ Kathryn J. Carlson By: Its: "CITY" CITY OF LA QUINTA, a California municipal Corporation and charter city_ By: City Manager 2465/015610-0125 2303172.6812/28/11 — 5 3.1q• 7o,1, ATTEST: Susan Maysels, City Jerk APPROVED AS TO FORM RUTAN & TUCKEW LLP M.JKhthkinfe Jensarf, pity Atto-rney State of California } } County of Riverside } On A M M 1 �� 20.14 , before me, SUSAd MAYSELeS , Notary Public, personally appeared F I. SPE VAG E who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that s/he executed the same in 4w/his authorized capacity, and that by Aw/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California } County of Riverside } SUSAH`MAYSELS Commission # 2011250 $ 'v Notary Public - Cantornia My i Riverside County ' Comm. Ex ires Apr 13, 2017 (seal) OnAmf m )-Ofq before me, S456t4 MAy56j-5 ,_ Notary Public, personally appeared J. CAWoisl who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 2465/015610-0125 2303172.6a12/28/11 — 6 — -------------------- SUSAWMAYSELS Commission # 2017258 s =A Notary Public —California z * Riverside County My Comm. Ex ires A r 13, 2011 (seal) EXHIBIT "A" TO DEED RESTRICTION LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. APN: 773-101-005 ADDRESS: 77-895 AVENIDA MONTEZUMA, LA QUINTA, CA 92253 2465/015610-0125 2303172.6a12/28/11 - 7 ^- BUSINESS LOCAITON 51230 EISENHOWER DR 79495 Calle Tampico, La Quinta, CA 92253 (760) 777-7000 CERTIFICATE., T40N-T-RANSFrRABLE- _7 b.'Busincss owner, Please be aware that lesuance of a baduen lloteave by the City does not antherize yiiu to) entiduel hmaluFa lit a'bioijqjug or Out hm, not been approved itirocimpancy.lbi,the Building and Safety I)ePtiqswi!. it join have any. (joijAllea. -, ugl-P�x r.Qrol you amnotauntrio itinca(i of ba�be�47 oo issuml fir }ut,'ploce 6rhuilu J I . I L . ifeiy al, -goi Sv VILLAGlt5PA%K4aU�lM'L7ECYSPITAL. Tho [Arenseenatumd. herein havindpaid to 1h.0tY Of]A'QU z I . i .. t . KRlift" M-S . -Ank . . ........ so , ld'uceu� . icte tramijot jb6 builuesi- - bervis BUSINESS ADDRESS: P-0, BOX 1711 set roirth, far the 'period 31a1iiLin courannilkwith the rjvrjjjj'gjo;ofordloajaC& No. 2 urthis city_�4his uceu, Is k1ord %vilbeil Verification that the ficensee LA QUINTA CA 92247 is oubject to or exempt from licensing by the state orcaureral4. -BUSINESS LIC7NO,. 5247 O, MED1iZKL HEALTH SERVICE CLASSIFICATION; ............. I.0 E . ....... ... EXPIRATION', UAM, VINA114.61 DIR2=R VQBLBACK M COMPLIANCE CERTIFICATE (VPAH, LLC DEVELOPMENT AGREEMENT) The undersigned, VPAH, LLC, a California limited liability company ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated February 8, 2012,.(the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the "City") by its signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the Restriction required by Section 3.2 of the Development Agreement has been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable Condition of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the 2' day of June, 2014, under penalty of perjury under the laws of California. VPAH, LLC, a California limited liability company By: NA Its: NA By: Kw4t,�� U U Its: President 2465/015610-0125 2303172.6 a12/28/11 SCHEDULE 1 TO COMPLIANCE CERTIFICATE CONDITIONS OF APPROVAL ATTACHED IS A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN'SATISFIED Pursuant to Section 3.2 (Restriction on the Site) of the Development Agreement, the Developer submitted a deed restriction against the Site with the City on March 14, 2014, which has been .recorded with the County of Riverside effective April 11, 2014. The Community Development Department received written confirmations from: (1) Riverside County Fire Department dated May 7, 2014 (Attachment 1); (2) City of La Quinta Public Works Department dated .May 13, 2014 (Attachment 2); and the City of La Quinta Planning Division dated May 14, 2014 (Attachment 3), confirming that the Developer has complied with all Conditions of Approval (Attachment 4) as listed in the Development Agreement. 2465/015610-0125 2303172.6 a12/28/11 PROUDLY SERVING THE UNINCORPORATED AREAS OF RIVERSIDE COUNTY AND THE CITIES OF: BANNING BEAUMONT CALIMESA CANYON LAKE COACHELLA DESERT HOT SPRINGS EASTVALE INDIAN WELLS INDIO JURUPA VALLEY LAKE ELSINORE LA QUINTA MENIFEE MORENO VALLEY NORCO PALM DESERT PERRIS RANCHO MIRAGE RUBIDOUx CSD SAN JACINTO TEMECULA WILDOMAR BOARD OF SUPERVISORS: KEVIN JEFFRIES DISTRICT 1 JOHN TAVAGLIONE DISTRICT 2 JEFF STONE DISTRICT 3 JOHN BENOIT DISTRICT 4 MARION ASHLEY DISTRICT 5 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE'PROTECTION 77-933 Las Montanas Rd., Ste. #201, Palm Desert, CA 92211-4131 • Phone (760) 863-8886 . Fax (760) 863-7072 www.rvcfire.org May 7, 2014 RE: Village Park Animal Hospital ATTACHMENT 1 Riverside County Fire Department reviewed the COAs pertinent to our Department's comments on May 6th. Please note that all conditions have been satisfied. Contact direct should there be any questions or concerns. Thank You, �aaoa�, yiw�r. Jason Stubble Assistant Fire Marshal M 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 PUBLIC WORKS DEPARTMENT (760)777-7125 FAX (760) 777-7011 ATTACHMENT 2 May 13, 2014 Re: Village Park Animal Hospital Public Works Department reviewed the COAs pertinent to the _department. All conditions have been satisfied. If you have questions regarding this matter, please contact Ed Wimmer, Development Services Principal Engineer, at (760) 777-7088. Sincerely, 'Al rrn0fh Rr on, s on, P.E. Public Wor`s Doctor/City Engineer ATTACHMENT 3 C&Iy� at XPagurw MEMORANDUM TO: Monika Radeva, Executive Assistant FROM: Jay Wuu, Associate Planner DATE: May 14, 2014 SUBJECT: VILLAGE PARK ANIMAL HOSPITAL The Community Development Department Planning Division has reviewed the conditions of approval for .the Village Park Animal Hospital and has determined that all conditions have been satisfied. If you have any questions, please contact me at x7067. �' ATTACHMENT 4 EXHIBIT "B" TO DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Village Use Permit shall comply with the requirements and standards of the La Quinta Municipal Code ("LQMC"), Village Use Permit VUP 08-042, Right of Way Vacation ROW 2008-016, and Development Agreement DA 11-022. The City of La Quinta's Municipal Code can be -accessed on the City's Web Site at www.la-guinta.org. 3. This Village Use Permit approval shall, expire on September 27, 2013, two years after its effective date, pursuant to Section 9.200.060 (C) of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 4. It is understood by the Applicant that the Village Animal Hospital has formally requested to enter into a Development Agreement (DA 2011-042) for the purpose of providing compensation via in -lieu fees for the parking shortage associated with this approval. It is also understood that the applicant has requested a vacation of a portion of public right of way. (ROW 08-016) in order to accommodate the project. This Village Use Permit shall not be effective unless and until both the Right of Way Vacation and Development Agreement -have been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While -this approval will not be effective until such time as a Development Agreement may become effective; the time limits associated with approval of VUP 2008-042 shall be in effect with respect to expiration, as stated under Condition #3. . 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) 24651015610-0125 2303172.6 a IWI1 -22- • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above -listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. . 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.1.70 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control.. Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010- 0014-DWQ. A. For construction activities including clearing, grading or. excavation of land, the Permitee may -be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board if'required by the Building Official.. The applicant .or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2465MI5610-0125 23031716 91Z78/11 -23- 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) .Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The inclusion in the Master HOA Conditions, Covenants, and Restrictions . (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 7.. Per issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Village Use Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall submit a cash deposit to the City to cover the costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid prior to any review and any remaining deposit will be returned to the Developer. 10. Developer shall submit a cash deposit to the City to cover the costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid prior to any review and any remaining deposit will be returned to the Developer. PROPERTY RIGHTS 11. Prior to issuance of any -permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the 2465/015610.0125 -24 2303172.6 a1228/11 proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Eisenhower Drive (Primary Arterial, 100' ROW) - No additional right of way is required from the standard 50 feet from the centerline of Eisenhower Drive for a total 100-foot ultimate developed right of way. 2) Avenida Martinez (Local Street, 60' ROW) - No additional right of way dedication is required for the standard 30 feet from the centerline of Avenida Martinez for a total 60-foot ultimate developed right of way. 3) Avenida Montezuma- (Modified Local Street (One Way), 80' ROW) - No additional right of way dedication is required for the standard 40 feet from the centerline of Avenida Montezuma for a total 80-foot ultimate developed right of way. 15. ' When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Village Use Permit site plan are necessary prior to the certificate of occupany, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 24651015610-OM 2303172.E a12R8/11 -25- 16. The applicant shall offer for dedication those easements necessary , for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas shown on the Village Use Permit. .17. Direct vehicular access to Eisenhower Drive, Avenida Montezuma, and Avenida Martinez is restricted, except for those access points identified on the conceptual grading plan of the Village Animal Park for the Village Use Permit, or as otherwise conditioned in these conditions of approval. 18. The applicant shall furnish proof. of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19.. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easement is approved by the City Engineer. 20. This project relies on the vacation of current city right-of-way. Right-of-way vacation is on the northeast corner of. Eisenhower Drive and Avenida Montezuma as shown on the Village Animal Park Conceptual Grading Plan. This right-of-way vacation must be completed prior to any additional discretionary City permits. EET AND TRAFFIC IMPROVEMENTS 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design — Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 22. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or roiled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 23. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Eisenhower Drive (Primary Arterial, 100' ROW): No additional right of way is required from the standard 50 feet from the centerline of Eisenhower Drive for a total 100-foot ultimate developed right of way. Additionally, the developer shall dedicate sufficient right of way for the construction of a future traffic signal at the intersection of Eisenhower Drive and 2465/015610-0125 2303172.6 alZ28/11 -26- Avenida Montezuma. The City will design a preliminary traffic signal layout that may require a portion of the Right -Of -Way that is requested to be vacated. Other required improvements in the Eisenhower Drive right-of- way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, signs, sidewalk, installing curb ramps, and removing curb ramps 2) Avenida Montezuma (Modified Local Street (One Way), 80' ROW): No additional right of way dedication is required for the standard 40 feet from the centerline of Avenida Montezuma for a total 80-foot ultimate developed right of way. Additionally, the developer shall dedicate sufficient right of way for the construction of a future traffic signal, at the intersection of Eisenhower. Drive and Avenida Montezuma. The City will design a preliminary traffic signal layout that may require a portion of the Right -Of -Way that is requested to be vacated. Other required improvements in the Avenida Montezuma right- of-way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, signs, sidewalk, catch basin, driveways, installing curb ramps, and removing curb ramps 3) Avenida Martinez (Local Street, 60' ROW): No additional widening on the south side of the street along all frontage adjacent to the Village Use Permit boundary is required as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design.standard to La Quinta's urban arterial design standard. Other required improvements in the Avenida Martinez right-of- way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, signs, sidewalk, catch basin, driveways, installing curb ramps, and removing curb ramps 24651015610-0125 2303172 6 aWWI -27- The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., • grading; traffic control devices and transitions in alignment, elevation or dimensions of streets. and sidewalks). 24.. General access points and turning movements of traffic are limited to the proposed access driveways on Avenida Montezuma and Avenida Martinez. Right turn in and right turn out movements. are permitted on Avenida Montezuma. All turn movements are permitted on Avenida Martinez. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall • conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to , public streets and adjacent development. shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 16 feet with access drive aisles to Public Streets a minimum of 20 feet as shown on the Village Use Permit site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, comer cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and . other improvements as may be determined by the City Engineer. 26. The applicant shall design pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: 2465/015610-0125 2303172.6 02/28/11 -28- 27. 28. Parking Lot & Aisles (Low Traffic) Parking Lot & Aisles (High Traffic) Loading Areas or the approved equivalents of alternate The applicant shall submit.current mix de: of construction) for base, asphalt concr( submittal shall include test results for procedure. For mix designs over six mont (less than six months old at the time o results confirming that design gradations c applicant shall not schedule construction o Improvements shall be designed and con. - standards, supplemental drawings and s� Engineer. Improvement plans for streets, stamped and signed by engineers registere IMPROVEMENT PLANS As used throughout these Conditions of Approva "surveyor," and "architect," refer to persons curre respective professions in the State of California. 0" a.c./4.5" c.a.b. 5" a:c./5.5" c.a.b. 6" P.C.C./4" c.a.b. . Is. Ins (less than two years old at the time s and Portland cement concrete. The II specimens used in the mix design s old, the submittal shall include recent construction) aggregate gradation test i be achieved in current production. The %rations until mix designs are approved. ructed in accordance with City adopted �cifications, or as approved by the City access gates and parking areas shall be in California. professional titles such as "engineer," ly certified or licensed to practice their 29. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as* appropriate, and' shall comply with the provisions of LQMC Section 13.24.040 (improvement PI ns). 30. The following improvement plans shall be approval by the Public Works Department. specified below shall be prepared. The specified, unless otherwise authorized by tF prepared at a larger scale if additional del applicant may be required to prepare of pursuant to improvements required by othe A. On -Site Rough Grading Plan (Optio B. Precise Grading Plan (Commercial The Precise Grading plan shall inclu C. On -Site Sewer and Water Plan D. PM 10 Plan 24a/015610-0125 23031716 a12R8/11 -29- prepared and submitted for review and separate set of plans for each line item plans shall utilize the minimum scale City Engineer in writing. Plans may be iii or plan clarity is desired. Note, the er improvement plans not listed here agencies and utility purveyors. 1 " = 40' Horizontal ment) 1 " = 20' Horizontal �: Storm Drain/Underground Retention. 1 " = 30' Horizontal 1 " = 40' Horizontal E. WQMP (Plan submitted in Report Form) F. Off -Site Street Improvement/Storm Drain Plan/ Sidewalk 1" = 40' Horizontal, 1 " = 4' Vertical G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: A through G to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. Precise grading plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, sidewalks, building floor elevations, wall elevations, parking lot improvements, ADA requirements, stop signs, limit lines, and legends, no parking signs, raised pavement markers, and street name signs per Public Works Standard Plans - and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover.to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the current California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a � "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 2465101561OL0125 2303172.6 a12128111 -30- 31. The City maintains standard plans, detail sheets andlor construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works. Department home page and look for the Standard Drawings hyperlink. 32. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 33. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor . certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may .submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 34. Prior to constructing any off -site improvements, the developer shall deposit securities in accordance with Engineering Bulletin 09-02 or as approved by the City Engineer. 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed . improvements. 36. Depending on the timing of the development of this Village Use Permit, and. the status of the off -site improvements at the time, the applicant may be required to: A. B. C. D. E. 2465ro15610-0125 2303172.6 a1208111 Construct certain off -site improvements. Construct additional off -site improvements, subject to the reimbursement of its costs by others. Reimburse others for those improvements previously constructed that are considered to be an obligation of this entitlement. Secure the costs for future improvements that are to be made by others.. To agree to any combination of these actions, as the City may require. -31- In the event that any of the improvements required for this development are constructed by the City, the applicant shall reimburse the City for the costs of such improvements. 37. Should the applicant fail to construct the. improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 40. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and . Storm Management and Discharge Controls), and E. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as' being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan _provisions as submitted with its applioation for a grading permit.. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 24651015610-0125 -32- 2303172.6 a12128111 41. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or. stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F), except as otherwise modified by this condition. . The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which ' shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet W) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0 .5 1 in the first eighteen inches (18") behind the curb. 43. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a _qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 44. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 45. The applicant shall comply with the provisions of LQMC Section 1324.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 46. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No..06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin .Design Requirements. 47. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless -the applicant 2465ro15610-0125 2303172.6 a1228/11 -33- provides site specific data indicating otherwise and as approved by the City Engineer. 48. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 49. The development shall be graded to permit storm flow in excess of retention capacity to flow' out of the development through a designated overflow and into the historic drainage relief route. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 51. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above=ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum 'placement for practical and aesthetic purposes. 2465/015610-0125 2303172.6 02=111 -34- 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 54. Underground utilities shall be' installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 55. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If parking construction in commercial development is initially constructed with partial pavement thickness, the applicant shall complete the final pavement prior' to final inspections of the building(s) within the development or when directed by the City, whichever comes first. 56. ' A smooth finish for the building shall be used rather than sand finish. SCREENING AND OUTDOOR LIGHTING 57. All rooftop mechanical equipment shall be 'completely screened from view. Utility transformers and other ground mounted mechanical equipment shall be fully screened by screening walls or landscaping, and painted to match the adjacent buildings. 58. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the- La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor or bulb refractor if deemed necessary by staff, and shall be turned off or reduced to a level deemed appropriate during night time hours by the Planning Director. LANDSCAPE AND IRRIGATION 59. The applicant shall comply with LQIVIC Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), and 8.13 (Water Efficient Landscape). 60. The applicant shall provide landscaping in the required setbacks, retention basins, common lots, park areas, and perimeter areas. 61. Landscape and irrigation plans for landscaped lots, perimeter areas, setbacks, and retention basins shall be signed and stamped by a licensed landscape architect. 2469015610-0125 2303172.E a1228111 -35- 62. The applicant shall submit final landscape plans for review, processing and approval to the Planning Department, . in accordance with the Final Landscape Plan (FLP) application, process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. When plan checking has been completed by the Planning Department, the applicant shall. obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to re -submittal for signature by -the Planning Director. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Planning Director and/or the City Engineer. 63. Landscape areas shall have permanent irrigation improvements . meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 64. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 65. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation. systems is required by the Planning Department prior to final project sign -off by the Planning Department. Prior to any field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with the approved final landscape plans shall be submitted to the Planning Department. 66. The size of the trees in the parking. lot shall be increased to 36- from 24-inch (minimum diameter calipers) boxes in the iandsoaping area. 67. Add additional dog relief area into the landscaping someplace for waiting animal patients. 68. The landscaping plan shall -replace Fruitless Olive trees with Palo Verde trees. MAINTENANCE 69. The applicant shall ,comply with the provisions of LQMC Section 13.24.160 (Maintenance). 2"51015610-0125 -36- 2303 M.6 a12a8/11 70. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 71: The" applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. Applicant shall pay the fees as required' by the Desert Sands Unified School District, as in effect at the time requests for building permits are submitted. FIRE DEPARTMENT 73. Approved accessible on -site, super fire hydrants shall be located not to exceed 400 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 74. All Fire Department Appliances such as, FDCs and. PIVs shall be located on the front access side of the building. PIV and FDC appliances shall not less than 40' from the building and within 50' of an approved roadway and no more than 200' from an approved hydrant. 75. Install a complete commercial fire 'sprinkler system (per NFPA 13). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. 76. Install a portable fire extinguisher, with a minimum rating of 2A-1013C, for every" 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3:5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers toindicate their locations. Extinguishers must have current CSFM service tags affixed. 77. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. Required order forms and installation standards may be obtained at the Fire Department. 78. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, 24651015610-0125 2303172.6a12/28/11 -37- letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to. be visible from street at all hours. 79. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 80. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2010 CBC. No class , I, 11 or IIIA of combustible/flammable liquid shall be used in any amount in the building. 81. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2010 CaliforniaBuilding Code. 82. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM"on outside of door. 83. Fire Alarm Control -Panel room doors if applicable shall be posted "FACP" on outside of door. 84. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 85. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 86. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 81. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed_ spaces within buildings shall be equipped with an automatic shutoff, 2010 CIVIC. 88. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 89. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet ' and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 2465ro1561"125 _38- 2303172.6 a12/29111 ATTACHMENT 6 SILVERROCK DA TERMS WA 2014-1001 Ord. 520) Project description: Development of a resort development as follows: Area Project Components Acres PA 1 Modification of existing Golf Course 173 PA 2 a 140 room luxury hotel with spa and fitness center (170,000 sq. ft) 17 acres PA 3 35 luxury branded residential homes 14 acres PA 4 shared service/conference facility 12 acres PA 5 lifestyle hotel 200 room(170,000 sq. ft.) 10 acres PA 6 luxury branded residential development (66 units) 10 acres PA 7 Mixed -Use Village Area 1 (150 units) 10.5 acres PA 8 Resort Residential Village (160 units) 32 PA 9 Mixed Use Village Area II (80 units) 15 Applicant: SilverRock Development Company, LLC Effective Dates: • Development Agreement entered into on November 19, 2014 and expires November 19, 2044 (30 YEARS). • Amendment 1 to the DA was entered into on October 29, 2015 Case No.: Development Agreement 2014-1001, Ordinance 520 Related Cases: SDP 2016-005, SDP 2016-0009 Purpose (Amendment 1) : Refinements to Site Map and detailed schedule of Performance for Developer to perform predevelopment tasks. The agreement proposed to eliminate uncertainty in planning and secure orderly development, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City. Key points of the Agreement: • Establishment of a vested right to execute and fulfill the development program in accordance with the SilverRock Resort Specific Plan and applicable zoning regulations in force when the Agreement goes into effect. • Permit and development impact fees are to be paid in accordance with those fees in force and effect as of the effective date of the Agreement. • Any non -city development fees, such as the CVMSHCP or TUMF fees, will be collected at the rate in effect at the standard time of collection. Developer is responsible for executing development in accordance with identified development program. Developer acknowledges responsibility for CEQA mitigation monitoring. The Agreement is to be reviewed at least annually in order to ensure compliance with provisions. Status: Compliance • Site Development Permits for PA 2, 3, 4, 5, and 6 Approved • A contract amendment regarding the development agreement terms and project schedule will is currently being prepared. RECORDING REQUESTED BY AND WHEN RECORDED MAIL To: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attention: CITY CLERK DOC # 2014-0484106 12/18/2014 11:59 AM Fees: $0.00 Page 1 of 64 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: CTOLOSSA DEVELOPMENT AGREEMENT 2014-1001 APPROVED BY ORDINANCE NO. 520 BETWEEN THE CITY OF LA QUINTA AND SILVERROCK DEVELOPMENT COMPANY, LLC Parcel Map 33367, Parcels 1-22 and A-N THIS AREA FOR RECORDERS USE ONLY This document is exempt from payment of recording fee pursuant to Government Code Sections 6103 and 27383 DOC #2014-0484106 Page 2 of 64 12/18/2014 11:59 AM ORDINANCE NO. 520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA +QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND SILVERROCK DEVELOPMENT COMPANY, LLC, RELATING TO THE VESTING OF CERTAIN DEVELOPMENT RIGHTS FOR THE SILVERROCK RESORT, AND AUTHORIZING : IMPLEMENTATION ACTIONS RELATED THERETO - CASE NO.: DEVELOPMENT AGREEMENT 2014-1001 APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 14" day of October, 2014, hold a duly noticed Public Hearing to consider Development Agreement 2014-1001, and did in fact unanimously adopt Planning Commission Resolution 2014-026, recommending its approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did hold on the 4th day of November, 2014, a duly noticed public hearing to consider Development Agreement 2014-1001; and, WHEREAS, at said City Council 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 justify approving the Development Agreement: 1. The proposed Development Agreement is consistent with the La Quinta General Plan, Municipal Code and the SilverRock Resort Specific Plan. The development proposal as represented in the Agreement will not be developed in any manner inconsistent with the General Plan land use designations of Tourist Commercial and Recreational Open Space. 2. The proposed Development Agreement is compatible with the uses and DOC #2014-0484106 Page 3 of 64 12118/2014 11:59 AM Ordinance No. 520 Development Agreement 2014-1001 SilverRock Development Company, LLC Adopted: November 18, 2014 Page 2 regulations as stipulated for the Tourist Commercial and Golf Course zoning districts. 3. The proposed Development Agreement is in conformity with the public necessity, convenience-, general welfare and good land use practice. The Development Agreement will allow development of. hotel, commercial, recreation and resort residential uses, and ensure provision of a desirable and functional community environment and effective and efficient development of public - facilities, infrastructure, and- - services appropriate for the development of the Project. 4. The proposed Development Agreement will not be detrimental to the public health, safety and general welfare. All immediately surrounding property is zoned for residential or golf course use development. Development of the site for hotel, commercial, recreation and resort residential Use will not significantly impact quality of life for area residents. 5. The proposed Development Agreement will not affect the orderly development of property or the preservation of property values. Development of the subject site, pursuant to project application and this Development Agreement, will enhance property values for other surrounding area properties, as it facilitates development of a high -quality resort complex with hotel, commercial, recreation and resort residential uses. 6. The proposed Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues through payment of certain development fees, as well as the generation of transient occupancy, sales and property taxes from the proposed development. 7. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 658+64 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, the City Council of the City of La Quinta, California does ordain as follows: DOC #2014-0484106 Page 4 of 64 12/18/2014 11.59 AM Ordinance No. 520 Development Agreement 2014-1001 SilverRack Development Company, LLC Adapted. November 18, 2014 Page 3 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement attached as "Exhibit A" substantially in the form presented to the City Council concurrent with the approval and adoption of this Resolution, authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, authorizes and directs the City Manager, in accordance with City of La Quinta Municipal Code Section 9.250.030(C){10)(a), to make any modifications to the Development Agreement to effectuate the intent of the City and Developer as presented to and approved by the City Council concurrent with the approval and adoption of this Resolution, and authorizes and directs the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL, An Addendum to a previously adopted Mitigated Negative Declaration (EA 2002-453) and subsequent Addendum (EA 2006-568) was prepared pursuant to the California Environmental Quality Act, was confirmed and adopted by the City Council, on November 4, 2014. Said determination, extends to include this Development Agreement, based on its incorporation as part of the overall project, as defined under CEGA. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in -full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and 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. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 181' day of November, 2014, by the following vote: AYES: Council Members Evans, Franklin, Osborne, Mayor Adolph NOES: Council Member Henderson ABSENT: None ABSTAIN: None DCOC #2014-0484106 Page 5 of 64 12/18/2014 11:59 AM Ordinance No. 520 Development Agreement 2014-1001 SilverRock Development Company, LLC Adopted: November 18, 2014 Page 4 lf)ts� ktL'� CON AiDCOLPH, MaMr City of La Quinta, California ATTEST: &M�- SUSAN MAYSELS, ity Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. 1HRKE, City Attorney City of La Quinta, California DOC #2014-0484106 Page 6 of 64 12/18/2014 11:59 AM Ordinance No. 520 Development Agreement 2014-1001 SiiverRock Development Company, LLC Adopted: November 18, 2014 Page 5 STATE OF CALIFORNIA i COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA b I, SUSAN MAYSELS, 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. 520 which was introduced at a regular meeting on the 4th day of November, 2014 and was adopted at a regular meeting held on the 18th day of November, 2014, not being less than 5 days after the date of introduction thereof. 1 further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. SUSAN MAYSELS, Ci1V Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted can November 19, 2014, pursuant to Council Resolution. SUSAN MAYSELS, City rk City of La Quinta, California EXHIBIT "A" TABLE OF CONTENTS Page DEVELOPMENT AGREEMENT..............................................................................................1 RECITALS...............................................................................................................................1 AGREEMENT.......................................................................................................................... 2 GENERAL.................................................................................................................... 3 1.1 Definitions................................................................................................ 3 1.2 Term........................................................................................................ 7 1.3 Development Agreement Effective Date .................................................. 7 1.4 Amendment or Cancellation by Mutual Consent......................................7 1.5 Termination..............................................................................................8 1.6 Statement of Benefits and Consideration.................................................8 1.7 City CEQA Findings.................................................................................9 2. AGREEMENTS AND ASSURANCES. ..... _ ..... .............................................................9 2.1 Agreement and Assurance on the Part of Developer; PSDA...................9 2.2 Agreement and Assurances on the Part of City.....................................10 3. DEVELOPER'S OBLIGATIONS................................................................................. 12 3.1 Development of the Project; Planned Development..............................12 3.2 Compliance with Government Code Section 66473.7 ...........................13 3.3 Mitigation Monitoring Program...............................................................13 3.4 Payment of Fees.. .......... __ ..... ____ ..........................14 ............................ 3.5 Other Fees and Charges ......................................................................14 3.6 Dedications and Improvements.............................................................14 3.7 Indemnification.......................................................................................14 3.8 Insurance..............................................................................................15 4. CITY'S OBLIGATIONS...............................................................................................17 4.1 Scope of Subsequent Review/Confirmation of Compliance Process ..... 17 4.2 Project Approvals Independent_ ............................................................ 18 4.3 Review for Compliance ............................... ..18 5. DEFAULT; REMEDIES; DISPUTE RESOLUTION..................................................... 18 5.1 Notice of Default....................................................................................18 5.2 Cure of Default.......................................................................................19 5.3 City Remedies.......................................................................................19 5.4 Developer Remedies.............................................................................19 6. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE ................................... 19 6.1 Encumbrances on the Project Site..... .................................................... 19 6.2 Mortgage Protection---- ......................................................20 -------------------- 6.3 Mortgagee Not Obligated ....................................................................... 20 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure ................. 20 8821015610.0065 7504405.4 al1/19114 -i- TABLE OF CONTENTS Page 7, TRANSFERS OF INTEREST IN SITE OR AGREEMENT .......................................... 20 7.1 Transfers of Interest in Site or Agreement ............................................. 20 7.2 Transfers of Interest in Site or Agreement Prior to City's Issuance of a Release of Construction Covenants; Transfers of Operational Obligations ......................................................................... ..... 21 ................ 7.3 Assignment and Assumption of Obligations...........................................23 7.4 Successors and Assigns ................................................... 23 .................... 7.5 Assignment by City........................................................... ..............24 8. MISCELLANEOUS.....................................................................................................24 8.1 Notices, Demands and Communications Between the Parties..............24 8.2 Force Majeure........................................................................................ 25 8.3 Binding Effect.........................................................................................25 8.4 Independent Entity....................................__.........................................26 8.5 Agreement Not to Benefit Third Parties.................................................26 8.6 Covenants..............................................................................................26 8.7 Non -liability of City Officers and Employees..........................................26 8.8 Covenant AgainstDiscrimination ....................................... ..............26 8.9 Amendment of Agreement.....................................................................26 8.10 No Waiver ..................................................... ..............27 8.11 Severability...................................................... ................... 27 8.12 Cooperation in Carrying Out Agreement................................................27 8.13 Estoppel Certificate................................................................................27 8.14 Construction...........................................................................................28 8.15 Recordation...........................................................................................28 8.16 Captions and References...................................................................... 28 8.17 Time.......................................................................................................28 8.18 Recitals & Exhibits Incorporated; Entire Agreement..............................28 8.19 Exhibits..................................................................................................28 8.20 Counterpart Signature Pages................................................................29 8.21 Authority to Execute; Representations and Warranties ......................... 29 8.22 City Approvals and Actions.................................................................... 29 8.23 Governing Law; Litigation Matters ... ................................................. ,.... 29 8821015610-0065 7504405.4 a13119114 -��- EXHIBIT "A" DEVELOPMENT AGREEMENT of �This Development Agreement (the "Agreement") is entered into as of the tq d y o4gokg, 2014 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), and SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Developer"), with reference to the following: RECITALS: A. Government Code Section 65864 et seg. ("Development Agreement Act") authorizes City to enter into a binding development agreement for the development of real property within its jurisdiction with persons }laving legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to or concurrently with the execution of this Agreement, Developer has entered into a Purchase, Sale, and Development Agreement (the "PSDA") with City, pursuant to which (1) City, subject to the terms and conditions set forth in the PSDA, has agreed to sell to Developer, in one or more phases, certain real property located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta, CA (the "Site"); and (2) Developer has agreed to construct on the Site the "Project," consisting of a luxury resort hotel and spa and associated branded luxury residential units, d lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities. The Project is more fully described in, and subject to (i) this Agreement, (ii) the SilverRock Specific Plan, also known as Specific Plan No. SP2006-080 ("Specific Plan"), (iii) the Mitigated Negative Declaration prepared for an earlier version of the Project, approved by the former La Quinta Redevelopment Agency (the "Agency") on May 15, 2002, by Agency Resolution 2002-09, as updated by the Addendum to Mitigated Negative Declaration, approved by the City Council on July 18, 2006, by City Council Resolution No. 2006-082, and by the Second Addendum to Mitigated Negative Declaration approved by the City Council on November 4, 2014, by City Council Resolution No. 2014-059 (collectively, the "Updated Mitigated Negative Declaration"); (iv) the PSDA, (v) any future discretionary or ministerial approvals and/or permits issued for the Project, including all conditions of approval attached thereto (collectively, the "Project Site Development Permits"), (vi) any future subdivision maps approved for the Project, including all conditions of approval thereto (collectively, the "Project Tract Maps"); and (vii) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (i)-(vii) are collectively 8821015610-DO65 7504405.4 a11/19114 - - referred to herein as the "Project Approvals," and are, or when approved or issued shall be, on file with the City Clerk. D. By virtue of the PSDA, as of the execution of this Agreement, Developer has an equitable interest in the Site. E. The Site is comprised of approximately one hundred forty-five (145) acres, and is a part of the real property commonly known as the "SilverRock Resort." The SilverRock Resort is legally described in Exhibit "A" attached hereto and shown on the Site Map attached hereto as Exhibit "B The Site includes the portions of the SilverRock Resort identified on the Site Map as Planning Areas "PA 2," "PA 3," "PA 4," ""PA 5" "PA 6 " "PA?,' "PA $ " "PA 9 " and a portion of "PA 10A." F. Consistent with Section 9.250.030 of the tea Quinta Municipal Code, City and Developer desire to enter into a binding agreement that shall be construed as a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that if it acquires the Site in accordance with the PSDA, it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA°), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On November 18, 2014, the City Council adopted its Ordinance No. 520 approving this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 8821015610-0065 7504405.4 a11119/14 -2- 1. GENERAL 11.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement and all amendments and modifications thereto. 1.1.2 "Applicable Rules" means the rules, regulations, ordinances and officially adopted policies of the City of La Quinta in full force and effect as of the Development Agreement Effective Date, including, but not limited to, the City's General Plan, Zoning Ordinance, and Specific Plan. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the Project plans are being processed for approval and/or under construction. 1.1.3 °CEQA" means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.). 1.1.4 "Certificate" shall have the meaning set forth in Section 2.2.3 herein. 1.1.5 "City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.6 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 117 "City Manager" means the individual duly appointed to the position of City Manager of City, or his or her authorized designee. 1.1.8 "Community Development Director" means the individual duly appointed to the position of Community Development Director of City, or his or her authorized designee. 1.1.9 "Conditions of Approval" shall have the meaning set forth in Recital C. 1.1.10 "Developer" means SilverRock Development Company, LLC, a. Delaware limited liability company. 1.1.11 "Development Agreement Act" means Section 65864 et seq., of the California Government Code. 882M15610-W65 7504405.4 a11/19114 -3- 1.1.12 "Development Agreement Effective Date" shall have the meaning set forth in Section 1.3 of this Agreement. 1.1.13 "Discretionary Action" means an action which requires the exercise of judgment, deliberation, or a decision on the part of City, including any board, commission, committee, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances or regulations. 1.1.14 "Discretionary Permits" means any permits, approvals, plans, Project Tract Maps, inspections, certificates, documents, and licenses that require a Discretionary Action, including, without limitation, Project Site Development Permits, grading permits, stockpile permits, and encroachment permits. 1.1.15 "General Plan" means the General Plan of the City. 1.1.18 "Impact Fees" means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with new development by City pursuant to City Council Resolution No. 2013-005, which was approved by the City Council on February 5, 2013. Notwithstanding anything herein to the contrary, none of the following shall constitute Impact Fees: (i) Processing Fees, (ii) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which City is required to collect or assess pursuant to applicable law, including, without limitation, school district impact fees pursuant to Government Code Section 65995, fees required pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan, and the Transportation Uniform Mitigation Fee, or (iii) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed as an impact fee on new development. 1.1.17 "Meriwether" means Meriwether Companies LLC, a Delaware limited liability company. 1.1.18 "Ministerial Permits and Approvals' means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by City in order for Developer to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, foundation permits, and other similar permits and approvals which are required by the La Quinta Municipal Code and Project plans and other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions or Discretionary Permits. 1.1.19 "Mitigation Measures" means the mitigation measures described in the Updated Mitigated Negative Declaration and in the Mitigation Monitoring Program for the Project. 8821015610-0065 7504405.4 a11119114 -4- 1.1.20 "New Laws" means amendments or modifications to the Applicable Rules, and all ordinances, resolutions, initiatives, regulations, rules, laws„ plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees enacted or adopted after the Development Agreement Effective Date. 1.1.21 "Parcel Map" means a parcel map to be prepared and recorded by Developer and/or City pursuant to the PSDA that creates separate legal parcels consistent with the Site Map. 1.1.22 "Parties" means collectively Developer and City. Each shall be referred to in the singular as a "Party". 1.1.23 "Planning Area" means an area designated on the Site Map as a planning area. 1.1.24 "Planning Commission" means the City Planning Commission and the planning agency of the City pursuant to California Government Code Section 65867. 1.1.25 "Processing Fees" means all processing fees and charges required by City including, but not limited to, fees for land use applications, Project permits and/or approvals, building applications, building permits, grading permits, encroachment permits, Project Tract Maps, lot line adjustments, air right lots, street vacations, certificates of occupancy, and any fees over which City has no authority with respect to setting the rates, which are necessary to accomplish the intent and purpose of this Agreement. Processing Fees shall not include Impact Fees. The amount of the Processing Fees to be applied in connection with the development of the Project shall be the amount which is in effect on a City-wide basis at the time an application for the City action is made. Notwithstanding the language of this Section or any other language in this Agreement, Developer shall not be exempt from the payment of fees, if any, imposed on a City-wide basis as part of City's program for storm water pollution abatement mandated by the Federal Water Pollution Control Act of 1972 and subsequent amendments thereto, unless a waiver of these fees is provided by City in a subsequent agreement.. 1.1.26 "Project" means development of the Site as set forth in more detail in Section 3.1. 1.1.27 "Project Approvals" shall have the meaning set forth in Recital C. 1.1.28 "Project Component" shall have the meaning set forth in the PSDA. 1.1.29 "Project Tract Maps" shall have the meaning set forth in Recital C. 882M I5610-0065 7504405.4 a1Ill 9114 1.1.30 "PSDA" shall have that meaning set forth in Recital C. 1.1.31 "Release of Construction Covenants" shall have the meaning set forth in the PSDA. 1.1.32 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on City's police powers and which are instead reserved to City, its City Council, Planning Commission, and all other City boards, commissions, departments, agencies, and committees. The Reserved Powers include the powers to enact or adopt New Laws or take future Discretionary Actions after the Development Agreement Effective Date that may be in conflict with the Applicable Rules and Project Approvals, except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Project Approvals; provided, however, that with respect to such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Project Approvals, such New Laws shall apply to the Project if such New Laws are: (1) necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God, which shall apply even if not applicable on a City-wide basis); (2) amendments to Uniform Codes, as adopted by City, and/or the La Quinta Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) required by a non -City entity to be adopted by or appiied by the City (or if optional the failure to adopt or apply such non -City law or regulation would cause City to sustain a loss of funds or loss of access to funding or other resources), or (4) necessary to comply with state or federal laws and regulations (whether enacted prior or subsequent to the Development Agreement Effective Date). 1.1.33 "RGC" means The Robert Green Company, a California corporation. 1.1.34 "Site" means approximately 145 acres of real property located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta, California 92253. The Site is a portion of the SilverRock Resort. The SilverRock Resort is legally described in the SilverRock Resort Legal Description attached hereto as Exhibit "A", and depicted in the Site Map attached hereto as Exhibit"B". Pursuant to the PSDA, Developer and City contemplate preparing and recording the Parcel Map. City and Developer acknowledge and agree that (1) only the real property identified in the PSDA as the "Property" is encumbered by and subject to the terms of this Agreement, and (ii) as of the date Developer and/or City record the Parcel Map pursuant to the terms of the PSDA, only the legal parcels comprising the planning areas proposed on the Site Map as Planning Areas "PA 2," "PA 3," "'PA 4 " "PA 5" "PA 6," "PA7,' "PA 8 , "PA 9," and a portion of "PA IOK shall be encumbered by and subject to the terms of this Agreement. Developer expressly acknowledges and agrees that Developer has no, and shall not be deemed to have any, legal or equitable interest in and/or rights to any portion of the SilverRock Resort other than the portions comprising the "Site." Upon the recordation of the Parcel Map, Developer agrees to execute and record a termination 8821D15610-0065 r 7504405.4 a11119114 -V- and release, in a form reasonably acceptable to a title company selected by City, that releases from this Agreement all portions of the SiverRock Resort that are not a part of the Site. 1.1.35 "Site Development Plan" shall have the meaning set forth in Section 9.180.020 of the La Quinta Municipal Code. 1.1.36 "Site Map" means the map of the SilverRock Resort, which is attached hereto as Exhibit "B" and incorporated herein by this reference. The Site Map depicts twelve (12) proposed planning areas within the real property covered by the Specific Plan, numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10A,10B, 11, and 12. 1.1.37 "Specific Plan" shall have the meaning as set forth in Recital C. 1.1.38 "Term" means the period of time for which the Agreement shall be effective in accordance with Section 1.2 herein. 1.1.39 "Uniform Codes" means those building, electrical, mechanical: plumbing, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi -state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, Uniform Plumbing Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi -state organization and which are applicable City-wide). Cod e. 1.1.40 "Zoning Ordinance" means Title 9 of the La Quinta Municipal 1.2 Term, The term of this Agreement shall commence on the Development Agreement Effective Date and shall continue for thirty (30) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. 1.3 Development Agreement Effective Date. This Agreement shall be effective, and the obligations of the Parties hereunder shall be effective, as of December 18, 2014 ("Development Agreement Effective Date"), which is the date that Ordinance No. 520 takes effect. 1.4 Amendment or Cancellation by Mutual Consent. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the Parties and in the manner provided for in Government Code Section 65867-65868 and the 8821015610-0065 7504405.4 a 11/19114 - 7- Development Agreement Ordinance. Notwithstanding the foregoing, in the event that any portion of the Site is under different ownership at some time during the Term hereof, City and the then -owner of such portion may amend the terms of this Development Agreement and the Project Approvals with respect to said portion, without obtaining the approval or consent of the owners of the other portions of the Site. 1.5 Termination. Unless terminated earlier pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement as set forth in Section 1.1. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals. Notwithstanding anything herein to the contrary; (1) in the event the "Phase 1 Escrow" (as that term is defined in the PSDA) fails to close within the time period set forth for such closing in the PSDA, as such time period may be extended pursuant to the terms of the PSDA, and the PSDA is terminated, this Agreement shall automatically terminate and Developer and City agree to execute and record such document as the "Title Company" (as that term is defined in the PSDA) reasonably requires to remove this Agreement of record, and (ii) in the event the Phase 1 Escrow closes, but the "Phase 2 Escrow" (as that term is defined in the PSDA) fails to close within the time period set forth for such closing in the PSDA, as such time period may be extended pursuant to the terms of the PSDA, and the PSDA is terminated with respect to the "Phase 2 Property" (as that term is defined in the PSDA), this Agreement shall automatically terminate with respect to the Phase 2 Property and the Developer and City agree to execute and record such document as the Title Company reasonably requires to remove this Agreement of record from the Phase 2 Property. The Parties acknowledge and agree that notwithstanding the provisions in the foregoing paragraph providing for automatic termination of this Agreement on the occurrence of certain events, each of the Development Agreement Act and Development Agreement Ordinance require that prior to any such early termination of this Agreement, (a) the Quinta Planning Commission must hold a public hearing regarding the proposed termination and make certain recommendations to the City Council, and (b) the City Council must hold a public hearing regarding the termination and make certain findings. The Parties further acknowledge and agree that on the occurrence of any of the events described in the foregoing paragraph providing for automatic termination, the Parties shall be deemed to have mutually consented to the early termination of this Agreement for purposes of the Development Agreement Act and Development Agreement Ordinance. 1.6 Statement of Benefits and Consid The Parties have determined that a development agreement is appropriate for the construction and operation of the Project due to the substantial benefits to be derived therefrom. 882/015610-0065 7504405.4 a11/19114 -8- The Project will promote the health, safety and general welfare of City and its residents. In exchange for these and other benefits to City, Developer will receive the assurance that Developer may develop the Project during the Term of this Agreement, subject to the terms and conditions herein contained. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan, and has adopted Ordinance No. 520 approving this Agreement. As a result of the development of the Project in accordance with this Agreement, City will receive substantial benefits. In consideration of the substantial benefits, commitments and consideration to be provided by Developer pursuant to this Agreement and in order to strengthen the public planning process and reduce the economic costs of development, City hereby provides Developer assurance that if Developer acquires title to the Site, Developer can proceed with the construction and operation of the Project for the Term of this Agreement pursuant to the Applicable Rules and this Agreement. Developer would not enter into this Agreement or agree to provide the public benefits, commitments and consideration described in this Agreement if it were not for the certainty provided by the agreement of City that the Project could be constructed and operated during the Term of this Agreement in accordance with the Applicable Rules and this Agreement. 1.7 City CEQA Findings. City finds that review of the environmental impacts of this Agreement and the Project has been conducted in accordance with the provisions of CEQA and the State and local guidelines adopted thereunder, and City has given consideration to such environmental review prior to its approval of this Agreement and the Project and has undertaken all actions necessary to comply with CEQA. 2. AGREEMENTS AND ASSURANCES 2.1 A reement and Assurance on the Part of Developer; PSDA. In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in this Agreement, Developer hereby agrees as follows: 2.1.1 Project Development. Developer shall develop the Project pursuant to all of the requirements set forth in the PSDA. 2.1.2 Conflicts with PSDA. To the extent there is any conflict between the terms and conditions of this Agreement and the terms and conditions of the PSDA, the terms and conditions of the PSDA shall govern and control. 8821015610-0065 7504405-4 aI1119114 -9- 2.2 Agreement and Assurances on the Part of City. In consideration for Developer entering into this Agreement, and as an Inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in this Agreement, City hereby agrees as follows: 2.2.1 Entitlement to Develop. Developer has the vested right to develop the Project subject to the terms and conditions of this Agreement, the Applicable Rules, Project Approvals and the Reserved Powers. Developer's vested rights under this Agreement shall include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace the existing development and the Project or any portion thereof throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the existing development or the Project or any portion thereof, subject to the Applicable Rules, Project Approvals and Reserved Powers. To the extent that all or any portion of the existing development or the Project is remodeled, renovated, rehabilitated, rebuilt or replaced, Developer may locate that portion of the existing development or the Project, as the case may be, at any other location of the Site, subject to the requirements of the Project Approvals, the Applicable Rules, and the Reserved Powers. 2.2.2 Changes in Applicable Rules. (A) Nonapplication of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan or Specific Plan, zoning or building regulation, adopted or becoming effective after the Development Agreement Effective Date, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other board, commission, department or agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Site and/or to the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, shall not be applied to the Site or the Project unless such changes represent an exercise of City's Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Developer may, in its sole discretion, consent to the application to the Project of any change in the Applicable Rules. (B) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of La Quinta. 8821015610-0065 7504405.4 a1Ill 9/14 - 1 0- (C) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 2.2.3 Subsequent ❑evelopment Review. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of Uniform Codes. Prior to each request for a building permit, ❑eveloper shall provide City with a Compliance Certificate ("Certificate") in a form created by Developer and approved by City, which shall describe how all applicable Conditions of Approval have been fully complied with. Each Certificate shall be distributed by City to the relevant City departments for checking the representations made by Developer on the Certificate. 2.2.4 Effective Development Standards. City agrees that it is bound to permit the uses, intensities of use and densities on the Site which are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide or as otherwise set forth in the Applicable Rules or the Reserved Powers. City hereby agrees that it will not unreasonably withhold or unreasonably condition any approvals and/or permits which must be issued by City in order for the Project to proceed, provided that ❑eveloper reasonably and satisfactorily complies with all City-wide standard procedures for processing applications for such approvals and/or permits. 2.2.5 Moratoria or Interim Control Ordinances. In the event an ordinance, resolution, policy, or other measure is enacted, whether by action of City, by initiative, or otherwise, which relates directly or indirectly to the Project or to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Site or the implementation of the Mitigation Measures adopted in connection with approval of the Project, City agrees that such ordinance, resolution or other measure shall not apply to the Site, the Project or this Agreement, unless such changes are adopted pursuant to the Reserved Powers or other applicable provisions of this Agreement. 8821015610.0065 7504405.4 a11119/14 ' � 2.2.6 Special Taxes and Assessments. Developer shall not be obligated to support infrastructure financing undertaken by City or others. Developer shall have the right, to the extent permitted by law, to protest, oppose and vote against any and all special taxes, assessments, levies, charges and/or fees imposed with respect to any assessment districts, Mello -Roos or community facilities districts, maintenance districts or other similar districts. 2.2.7 Impact Fees. Impact Fees imposed by City with respect to the Project shall be only those Impact Fees in full force and effect as of the Development Agreement Effective Date, in the amounts/rate in effect as of the Development Agreement Effective Date. 2.2.8 Timeframes and Staffing for Processing and Review. City agrees that expeditious processing of Ministerial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical to the implementation of the Project. in recognition of the importance of timely processing and review of Ministerial Permits and Approvals and Discretionary Actions, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such Ministerial Permits and Approvals and Discretionary Actions and to comply with any timeframes established in the Project Approvals. 3. DEVELOPER'S OBLIGATIONS 3.1 Development of the Project; Planned Development. Developer shall construct the Project on the Site in accordance with the Project Approvals. As depicted in the Project Approvals, as the same may be updated or amended from time to time, the Project shall consist of a mixed -use resort development with the following components: (A) Modification of the existing Arnold Palmer Classic Golf Course and rehabilitation of the Ahmanson Ranch House, along with the surrounding area within Planning Area 1; (B) a luxury hotel ("Luxury Hotel) project within Planning Area 2 containing not less than one hundred twenty (120) luxury hotel rooms on approximately seventeen (17) acres, consisting of approximately one hundred seventy thousand (170,000) square feet of air conditioned and exterior spaces, and containing parking, spa and fitness center, and other associated amenities, all as further defined by the submittal of a Site Development Plan as prescribed by the Specific Plan; (C) a residential development within Planning Area 3 consisting of approximately thirty-five (35) luxury branded residential homes, potentially including lock -offs, on approximately 14.0 acres, all as further defined by the submittal of a Site Development Plan as prescribed by the Specific Plan; aSM15610-0065 7504405.4 a11119114 -1 2- (D) a shared service/conference facility building and associated parking ("Conference and Shared Service Facility") within Planning Area 4 consisting of approximately seventy-one thousand (71,000) square feet of interior and exterior square feet (not including parking) on approximately 12.0 acres; (E) a lifestyle hotel ("Lifestyle Hotel") project within Planning Area 5 containing not less than a sufficient number of hotel guest rooms that, when added to the number of hotel guest rooms at the Luxury Hotel, will result in the Project having an aggregate of at least three hundred forty (340) total hotel guest rooms, on approximately ten (10) acres, consisting of approximately one hundred seventy thousand (170,000) square feet of air conditioned and exterior spaces, and including other associated amenities, all as further defined by the submittal of a Site Development Plan as prescribed by the Specific Plan; (F) a residential development within Planning Area 6 consisting of approximately sixty (60) luxury branded residential homes, potentially containing lock - off units for a potential total key capacity of approximately one hundred twenty (120) keys for the Lifestyle Hotel, on approximately ten (10) acres, all as further defined by the submittal of a Site Development Plan as prescribed by the Specific Plan; (G) a promenade mixed -use village ("Village") within Planning Areas 7 and 9; in Planning Area 7 the Village would contain a mix of residential and commercial uses consisting of approximately one hundred fifty thousand (150,000) square feet of livable spacq, up to twenty-five thousand (25,000) square feet of mixed - use commercial, on ten and one-half (10.5) acres; in Planning Area 9 the Village would contain either (1) a fifteen (15) acre public park, or (2) a mix of public and private recreational uses and amenities, community cultural elements, and residential and commercial development (not to exceed up to seventy-five thousand (75,000) square feet of livable space and fifteen thousand (15,000) square feet of commercial development), on approximately fifteen (15) acres, all as further defined by the submittal of a Site Development Plan as prescribed by the Specific Plan; (H) a resort residential village within Planning Area 8 containing approximately one hundred -sixty (160) residences and associated services and amenities on approximately thirty-two and one-half (32.5) acres, all as further defined by the submittal of a Site Development Plan as prescribed by the Specific Plan; 3.2 Compliance with Government Code Section 66473.7 Developer shall comply with the provisions of Government Code section 66473.7 with respect to any Project Tract Maps prepared for the Project. 3.3 Mitigation Monitoring Program. am. The Developer shall also comply with the mitigation monitoring program set forth in Exhibit "C" attached hereto (the "Mitigation Monitoring Program"). 8821015610-0065 7504405.4 a1Ill 9114 -1 3- 3.4 Payment of Fees. During the Term of this Agreement, Developer shall timely pay all Processing Fees and Impact Fees with respect to the Project. 3.5 Other Fees and Charges. Except as otherwise provided in this Agreement, nothing set forth in this Agreement is intended to or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes, provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. 3.6 Dedications and Improvements. Developer shall offer dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.7 Indemnification. 3.7.1 Developer shall protect, defend, indemnify and hold harmless City and City's officers, officials, members, employees, volunteers, agents, and representatives (any of the foregoing shall be known individually as "Indemnitee" and collectively as "Indemnitees"), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including reasonable attorneys' fees and expert witness fees, but excluding those resulting from (i) the gross negligence or willful misconduct of any Indemnitee, or (ii) environmental contamination of the Site or other defects on the Site existing prior to Developer's entry thereon, but including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought or instituted ("Claims"), arising out of or in any manner directly or indirectly connected with the entry upon the Site by Developer or any of the Developer Representatives, including without limitation; (A) any damage to the Site and any liability to any third party incurred by reason of any acts or omission of, including, but not limited to, any commission of any negligent or tortious acts, by Developer or the Developer Representatives, or any of them; (B) any mechanics' or materialmen's liens, claims, demands, actions or suits arising (directly or indirectly) from (i) any work performed or materials supplied to or for Developer, or (ii) any activities of Developer or any of the Developer Representatives, or any of them, on or relating to the Site (including, without limitation, any claims by any of such Developer Representatives). 8BW15610-0065 - 4^ 7504405.4 a11119114 In the event of litigation, City agrees, at no cost to City, to cooperate with Developer. Developer shall have the obligation to provide the defense of City in the litigation, either by providing for legal counsel or, at City's option, timely paying the legal costs incurred by City in the defense of litigation, even though negligence or gross negligence of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense is provided. 3.7.2 In the event of any court action or proceeding challenging the validity of this Agreement or the Project Approvals, Developer shall indemnify, hold harmless, pay all costs and provide defense for City in said action or proceeding with counsel chosen by Developer and reasonably approved by City. City shall, at no cost to City, cooperate with Developer in any such defense as Developer may reasonably request. In the event Developer fails or refuses to provide such defense of any challenge to this Agreement or the Project Approvals, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 3.8 insurance. 3.8.1 Commencing with the Development Agreement Effective ❑ate and ending on the latest of (a) the date this Agreement expires or is earlier terminated by the Parties pursuant to the terms hereof; (b) the date the "TOT Covenant Agreement" (as that term is defined in the PSDA) for the Luxury Hotel expires or is earlier terminated by the Parties pursuant to the terms thereof, or (c) the date the TOT Covenant Agreement for the Lifestyle Hotel expires or is earlier terminated by the Parties pursuant to the terms thereof, Developer shall procure and maintain, at its sole cost and expense, in a form and content reasonably satisfactory to the City Manager, the following policies of insurance; (A) A policy of commercial general liability insurance written on a per occurrence basis in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence and Five Million Dollars ($5,000,000.00) in the aggregate. (B) A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by ❑eveloper in the course of carrying out the work or services contemplated in this Agreement. (C) A policy of commercial automobile liability insurance written on a per occurrence basis in an amount not less than Three Million Dollars ($3,000,000.00). Said policy shall include coverage for owned, non -owned, leased, and hired cars. 8821015610.0065 7504405.4 a11/19114 -1 5- (D) "All Risks" Builder's Risk (course of construction) insurance coverage on a replacement cost basis in an amount equal to the full cost of the hard construction costs of the Project. Such insurance shall contain no coinsurance provision, and cover, at a minimum. all work, materials, and equipment to be incorporated into the Project; the Project during construction; the completed Project until such time as City issues the final certificate of occupancy for the Project, and storage, transportation, and equipment breakdown risks. Such insurance shall include coverage for earthquake (for the Luxury Hotel, Lifestyle Hotel, and Conference and Shared Service Facility only), flood, ordinance or law, temporary offsite storage, debris removal, pollutant cleanup and removal, preservation of property, landscaping, shrubs and plants and full collapse during construction_ Such insurance shall protect/insure the interests of Developer/owner and all of Developer's contractor(s), and subcontractors, as each of their interests may appear. if such insurance includes an exclusion for "design error," such exclusion shall only be for the object or portion which failed. Notwithstanding the foregoing, such insurance shall only be required for a particular Project Component at such time as construction commences on such Project Component. 3.8.2 Commencing on the date City issues a Release of Construction Covenants pursuant to the PSDA for a Project Component and ending on the latest of (a) the date this Agreement expires or is earlier terminated by the Parties pursuant to the terms hereof; (b) the date the TOT Covenant Agreement for the Luxury Hotel expires or is earlier terminated by the Parties pursuant to the terms thereof, or (c) the date the TOT Covenant Agreement for the Lifestyle Hotel expires or is earlier terminated by the Parties pursuant to the terms thereof, Developer shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City Manager, "All Risks" property insurance on a replacement cost basis in an amount equal to full replacement cost of the Project Component, as the same may change from time to time. The above insurance policy or policies shall contain no coinsurance provision. 3.8.3 The following additional requirements shall apply to all of the above policies of insurance; All of the above policies of insurance shall be primary insurance and, except the Worker's Compensation and All Risks insurance, shall name City and City's officers, officials, members, employees, agents, and representatives as additional insureds, using a pre-2004 additional insured endorsement (or equivalent)_ To the extent allowable by applicable law, the insurer shall waive all rights of subrogation and contribution it may have against City and City's officers, officials, members, employees, agents, and representatives, and their respective insurers. All of said policies of insurance shall provide that said insurance may not be materially amended or cancelled without providing thirty (30) days' prior written notice to City. In the event any of said policies of insurance are cancelled, Developer shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the City Manager. Not later than the Development Agreement Effective Date, Developer shall provide the City Manager with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders shall be 882101561 0-0085 7W4405.4 a1Ill 9114 -16- subject to the reasonable approval of the City Manager. Upon the request of the City Manager, Developer shall provide City with complete copies of each policy of insurance required by this Agreement. The policies of insurance required by this Agreement shall be satisfactory only if issued by companies (i) licensed and admitted to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, or (ii) authorized to do business in California. rated "A+" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Registry and only if they are of a financial category Class XV. Notwithstanding the foregoing, in the event that the policies required hereunder are not available from such insurers at commercially reasonable rates, the City Manager shall have the authority, in his or her sole and absolute discretion, to waive one or more of such requirements provided the proposed policies will adequately protect City's interests hereunder. City may reasonably require coverage increases, provided that the percentage increase in coverage shall not be required to exceed the percentage increase in the Consumer Price index published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Los Angel es -Rivers id e- Orange County Average, All Items (1984 = 100) (the "Index"), from and after the date of this Agreement, or, if said Index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said Index (the "CPI Adjustment"). Unless otherwise approved in advance by the City Manager, the insurance to be provided by Developer may provide for a deductible or self -insured retention of not more than Fifty Thousand Dollars ($50,000); provided, however, that the deductible or self - insured retention for the earthquake coverage may be up to, but not exceed, ten percent (10%) of the replacement cost of the damaged Luxury Hotel, Lifestyle Hotel, and/or Conference and Shared Service Facility (as applicable). Developer agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which Developer may be held responsible for the payment of damages to any persons or property resulting from Developer's activities or the activities of any person or persons for which Developer is otherwise responsible. 4. CITY'S OBLIGATIONS 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of City to require the processing of building permits as required by law pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. 8B21015610-9065 7504403.4 a 11/19/14 -1 7- 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Project, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the Parties that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. City shall review this Agreement at least once during every twelve (12) month period following the Development Agreement Effective Date, in accordance with City s procedures and standards for such review set forth in City's Development Agreement Ordinance. During such periodic review by City, Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Ordinance shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer shall have been found in compliance with this Agreement; City, through City's Community Development Director; shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 5. DEFAULT; REMEDIES;. DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either Party substantially to perform any material term or provision of this Agreement, the non -defaulting Party shall have those rights and remedies provided herein, provided that such non -defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 8821015610.0065 7504405.4 a11/19114 -1 $- 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such Party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall City be entitled to consequential damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer Remedies. In the event of an uncured default by City of the terms of this Agreement, Developer, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement; provided, however, that in no event shall Developer be entitled to recover damages of any kind from City, except for damages up to, but not exceeding, any amounts paid by Developer for fees in connection with the development of the Project that are in excess of the amounts that Developer would have been required to pay for said fees pursuant to the terms of this Agreement, but excluding damages for economic loss, lost profits, or any other economic or consequential damages of any kind. 6. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE 6.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good 882/015610-0065 7504405.4 a 11119/ 14 -1 9' faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated_ No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that (i) the Mortgagee shall have no right to develop or operate the Site, and (ii) to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mort a ee; Right of Mortgagee to Cure. With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Project or any component of the Project, City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage or deed of trust which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. It is understood that a holder shall be deemed to have satisfied the sixty (60) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. 7. TRANSFERS OF INTEREST IN SITE OR AGREEMENT 7.1 Transfers of Interest in Site or Agreement. The qualifications and identity of Developer as the developer and operator of high quality commercial resort developments are of particular concern to City. 88210156I M065 7504405.4 atIll 9114 -20- Furthermore, the Parties acknowledge that City has negotiated the terms of this Agreement in contemplation of the development and operation of the Project on the Site, the property tax and transient occupancy tax revenues to be generated by the operation of the Project on the Site, and the mutual benefits to the Parties. 7.2 Transfers of Interest in Site or Agreement Prior to City's Issuance of a Release of Construction Covenants; Transfers of Operational Obligations. 7.2.1 Except as provided in this Section 7.2.1, until the date City issues a Release of Construction Covenants pursuant to the PSDA for a particular Project Component (the "Fee Transfer Release Date"), (1) no voluntary successor in interest of Developer shall acquire any rights or powers under this Agreement with respect to said Project Component; (2) Developer shall not make any total or partial sale, transfer, conveyance, assignment, or lease of the whole or any part of the Project Component or underlying real property; and (3) no changes shall occur with respect to the ownership and/or control of Developer, including, without limitation, stock transfers, sales of issuances, or transfers, sales or issuances of membership or ownership interests, or statutory conversions (any of the above, a "Transfer"). Prior to the Fee Transfer Release Date for a particular Project Component, City may approve or disapprove a proposed Transfer in its sole and absolute discretion; provided, however, City agrees to reasonably consider a Transfer to a transferee that has substantial experience in developing and operating developments comparable in all material respects to the Project or Project Component (as applicable), and the financial capability to develop and operate the Project or Project Component (as applicable), as determined pursuant to the factors set forth in Section 311.1 of the PSDA. Notwithstanding the foregoing, City approval of a Transfer prior to the Fee Transfer Release Date for a particular Project Component shall not be required in connection with any of the following: (a) The conveyance or dedication of any portion of the Site to an appropriate governmental agency, or the granting of easements or permits to facilitate construction of the Project. (b) Any assignment for financing purposes (subject to such financing being permitted pursuant to Section 311 of the PSDA), including the grant of a deed of trust to secure the funds necessary for land acquisition, construction, and permanent financing of the Project or of a Project Component. (c) The Transfer to a lender who has provided financing to Developer (subject to such financing being permitted pursuant to Section 311 of the PSDA) as a result of foreclosure by such lender of the deed of trust securing funds necessary for land acquisition, construction, and permanent financing of the Project or of a Project Component. (d) The Transfer by Developer to an entity (i) whose managing member, manager, or managing general partner is (A) Developer„ or (B) an entity which 882/015610-0065 7504405.4 a11119/14 -21- is at least fifty-one percent (51 %) owned and controlled by Developer, Meriwether, or RGC, and (ii) which engages as the project/development manager for the Project Component an entity which is at least fifty-one percent (51 %) owned and controlled by Developer, Meriwether or RGC. (e) The sale by Developer of individual for -sale residential dwelling units to third party buyers. Notwithstanding anything in Section 7.2.1 to the contrary, until the later of (a) the date the TOT Covenant Agreement for the Luxury Hotel expires or is earlier terminated by the Parties pursuant to the terms thereof, or (b) the date the TOT Covenant Agreement for the Lifestyle Hotel expires or is earlier terminated by the Parties pursuant to the terms thereof, (i) none of Developer, the "Luxury Hotel Operator" or the "Lifestyle Hotel Operator" (as those terms are defined in the PSDA) (or any permitted successor in interest) shall make any Transfer of the operational and/or managerial control, inciuding, but not limited to, financial and managerial decision -making, of the Luxury Hotel or Lifestyle Hotel; and (ii) no changes shall occur with respect to the ownership and/or control of Developer, RGC, or of Meriwether, including, without limitation, stock transfers, sales of issuances, or transfers, sales or issuances of membership or ownership interests, or statutory conversions (either of the above, a "Management Transfer") without the prior written approval of City, which approval, with respect to a Management Transfer described in clause (i) above, shall be made in City's sole and absolute discretion, and which approval, with respect to a Management Transfer described in clause (ii) above, shall be made in City's reasonable discretion; provided, however, that transfers of the stock, ownership and/or membership interests of Developer, RGC or Meriwether may be made so long as such transfers do not result in the transfer, on a cumulative basis, of more than forty-nine percent (49%) of the outstanding and voting stock, ownership, and/or membership interests of Developer, RGC, or Meriwether. Notwithstanding the foregoing, City approval shall not be required for a Management Transfer of the Luxury Hotel to any of the entities approved by City to act as Luxury Hotel Operator, as set forth in Section 140 of the PSDA (any of the foregoing; an "Approved Luxury Hotel Operator"), or for a Management Transfer of the Lifestyle Hotel to any of the entities approved by City to act as Lifestyle Hotel Operator, as set forth in Section 100 of the PSDA (any of the foregoing, an "Approved Lifestyle Hotel Operator"). Except as provided below in this Section 7.2.1, any proposed Management Transfer to an entity that is not designated as an Approved Luxury Hotel Operator or Approved Lifestyle Hotel Operator shall be approved by the City Council of City, in its sole and absolute discretion. In connection with any proposed Management Transfer of the Luxury Hotel to any entity that is not designated as an Approved Luxury Hotel Operator, Developer or Developer's successor in interest shall demonstrate that the proposed operator has experience and reputation for operating luxury hotels that is equivalent to the experience and reputation of an Approved Luxury Hotel Operator (an "Experience Equivalent Luxury Hotel Operator"). In connection with any proposed Management Transfer of the Lifestyle Hotel to any entity that is not designated as an Approved Lifestyle Hotel Operator, Developer or Developer's successor -in -interest shall demonstrate that the proposed operator has the experience and reputation in operating lifestyle hotels that is equivalent to the experience and reputation of an Approved 8821015610-0065 7544405.4 a1'1119/14 -22- Lifestyle Hotel Operator (an Experience Equivalent Lifestyle Hotel Operator"). Notwithstanding anything in this Section 7.2.1 to the contrary, (1) at any time after the Luxury Hotel has been opened for business and has commenced operations by an Approved Luxury Hotel Operator, City approval shall not be unreasonably withheld for a Management Transfer of the Luxury Hotel to an Experience Equivalent Luxury Hotel Operator, and (II) at any time after the Lifestyle Hotel has been opened for business and has commenced operations by an Approved Lifestyle Hotel Operator, City approval shall not be unreasonably withheld for a Management Transfer of the Lifestyle Hotel to a Experience Equivalent Lifestyle Hotel Operator. To the extent that the operating character or quality of any Approved Luxury Hotel Operator or Approved Lifestyle Hotel Operator substantially changes between the Development Agreement Effective Date and the date of the proposed Management Transfer, Developer or Developer's successor in interest shall demonstrate that the Approved Luxury Hotel Operator or Approved Lifestyle Hotel Operator (as applicable) satisfies the requirements to qualify as an Experience Equivalent Luxury Hotel Operator or as an Experience Equivalent Lifestyle Hotel Operator (as applicable). Developer or Developer's successor in interest shall provide such information as may be reasonably requested by City to enable City to review and approve (or disapprove) any proposed operator, and shall reimburse City for City's costs incurred in considering any such request. 7.3 Assignment and Assumption of Obligations. Except for the sale of individual for -sale residential dwelling units, any Transfer (including Transfers not requiring prior City approval) by Developer of any interest in the Site or of any interest in this Agreement shall require the execution of an assignment and assumption of obligations substantially in the form attached hereto and incorporated herein as Exhibit 'D' (an "Assignment and Assumption Agreement"). Transfers of Developer's rights and/or obligations under this Agreement made without an executed Assignment and Assumption Agreement are null and void. The requirement for the provision to City of an executed Assignment and Assumption Agreement shall apply regardless of whether City approval is required for the Transfer. Developer agrees that (a) at least thirty (30) days prior to any Transfer it shall give written notice to City of such proposed Transfer; and (b) within five (5) days after any Transfer it shall provide City with a copy of the fully executed Assignment and Assumption Agreement evidencing that the assignee has assumed in writing all applicable obligations under this Agreement. A Party proposing to assign its obligations under this Agreement (1) shall remain liable for the obligations until and unless City has received a fully executed Assignment and Assumption Agreement, and (ii) shall remain liable for any default hereunder that occurred prior to the effective date of the assignment. Developer or Developer's successor in interest shall reimburse City for any costs (other than staff time) City incurs in reviewing any Assignment and Assumption Agreement required hereunder. 7.4 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the term 882/016610-0065 7 50 4405.4 aIIll 9114 -23- "Developer" is used in this Agreement; such term shall include any other permitted successors and assigns as herein provided, and the term "Developer" shall only mean the owner of a Project Component from time to time during the period of such entity's ownership, provided that the procedures set forth in this Agreement for that entity's acquisition and or disposition have been followed, including, without limitation, the provisions of Section 7.3. 7.5 Assignment by City. City may assign or transfer any of its rights or obligations under this Agreement with the approval of Developer, which approval shall not be unreasonably withheld; provided, however, that City may assign or transfer any of its interests hereunder to a joint powers authority in which City is a member at any time without the consent of Developer. 8. MISCELLANEOUS 8,1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Agreement must be in writing and shall be sufficiently given if (1) delivered by hand, (ii) delivered by reputable same -day or overnight messenger service that provides a receipt showing date and time of delivery, or (Ili) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke To Developer: SilverRock Development Company, LLC c/o Meriwether Companies 11999 San Vicente Boulevard, Suite 220 Los Angeles, California 90049 Attn: Graham Culp 882/015610-0065 7504405.4 a1Ill 9/14 -24- With copies to: Glaser Weil Fink Howard Avchen & Shapiro, LLP 10250 Constellation Boulevard, 19th Floor Los Angeles, California 90067 Attn: Saul Breskal and The Robert Green Company 3551 Fortuna Ranch Road Encinitas, California 92024 Attn: Robert Green Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Maieure. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; or acts or failures to act of any public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City), Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, 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 Site. 88DO15610.0055 7504405.4 a11119/14 -25- 8.4 Independent Entity. The Parties acknowledge that, in entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of City's adjoining properties, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties hereto and all successors in interest to the Parties hereto for the term of this Agreement. 8.7 Non -liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original Parties or such party to which Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. Developer shall be required to reimburse City for all costs City incurs in negotiating, preparing, and processing any such alterations, changes, or modifications requested by Developer or any lender or investor. In connection with any request for an alteration, change or modification, Developer shall deposit with City the sum of Ten Thousand Dollars 882101561©-0065 7504405.4 al 1/19114 -2 6- ($10,000). Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser deposit, in the event he or she determines the proposed alteration, change or modification is minor. In the event the funds on deposit are depleted, City shall notify Developer of the same, and Developer shall deposit with City an additional Five Thousand Dollars ($5,000) to complete processing of the requested alteration, change or modification. Developer shall make additional deposits to City, as needed, pursuant to the foregoing process, until the requested alteration, change, or modification is finalized. Within sixty (60) days after such alteration, change or modification is finalized, City shall reimburse the Developer any unused sums 1:-MUlm ZMT,Jr.M_ No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severabiiity. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties. 8.12 Cooperation in Carrying Out Agreement. Each Party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Either Party may, at any time, deliver written notice to any other Party requesting such Party to certify in writing that, to the best knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A Party receiving a request hereunder shall execute and return such certificate within ten (10) days following approval of the proposed estoppel certificate by 8821015610-0065 7504405.4 a11119/14 -27- the City Attorney, which approval shall not be unreasonably withheld or delayed. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of City. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Cautions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated, Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" -"D" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: 8821015610-0065 7504405.4 a11/19/14 -28- A Legal Description of SilverRock Resort B Site Map C Mitigation Monitoring Program D Form of Assignment and Assumption Agreement 8.20 Counter art Signature Pages. For convenience the Parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.23 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by either Party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the Parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing Party in such litigation shall be awarded, in addition to such relief to which such Party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. [end — signature page follows] 887JO15610-0065 7504405A s11119114 -29- IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. "DEVELOPER" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: MC SilverRock LLC, a Colorado li ted liability company Its: Co-Manag Date: 1!1(14A, , , 2014 By: ;i__ Name: Graham Culp a, k, a . Graham Barber Gulp Its: Manager By: RGC La Quinta, LLC, a Delaware limited liability company Its. Co -Manager By: The Robert Green Company, a California corporation Its: Manager SIGNED IN COLNTERPART Date: 12014 By: Name: Robert S. Green, Jr, Its: President and Chief Executive Officer "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Date: 12014 By: ATTEST: SIGNED IN COUNTERPART Susan Maysels, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP SIGNED IN COUNTERPART William H. lhrke, City Attorney 8821015610-0065 7504406 4 a1Ill 9114 -30- SIGNED IN COUNTERPART Frank J. Spevacek, City Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of boy G,P personally appeared orvaL CODE § I189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name((/are subscribed to the within instrument and acknowledged to me that executed the same in PAMELA BAKER authorized capacity(ies), and that by commission ,* 2043446 6= signature(s) on the instrument the Notary Public - California a person(s), or the entity upon behalf of which the Z Los Angeles County persons) acted, executed the instrument. My Comm. Ex ires Oct 10, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. Signature: Place Notary Seal Above Signature of MKry 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 pet&toMeon vt .,eafswot Psy,f Ae&,ee '? Title or Tyke at Document: !#pyfi�lCf� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Car 1-1 Other: 11110 Representing: Number of Pages: Signer's Name: 1-1 Corporate Officer — Title(s): ❑ individual D Partner — ❑ Limited I I General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cons ator ❑ Other: Signer Q 2010 National Notary Association • NationalNotary.org . 1-800-US NOTARY (1-800.876.6097) Item M07 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. Date: Date: Date: ATTEST: SIGNED IN COUNTERPART Susan Maysels, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP SIGNED IN COUNTERPART "DEVELOPER" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: MC SilverRock LLC, a Colorado limited liability company Its: Co -Manager SIGNED IN COUNTERPART 2014 Bv: Name: Graham Culp Its: Manager By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: M ger 2014 BY Name: Robert S. Gree , Jr. Its: President and Chie cutive Officer "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city 2014 By: William H. Ihrke, City Attorney 8821015610-0065 7504405,4 a11119f14 -30- SIGNED IN COUNTERPART Frank J. Spevacek, City Manager State of California ) County of RirelGsids p1O } �-j�- On before me,�OM � tG'l 4 �11L f 1% A*ga W_Land.Wpf the officer) Notary Public, personally appeared k4UM-1 J - b W-Ur T' who proved to me on the basis of satisfactory evidence to beftthe person() whose name(-s) isla�e subscribed to the within instrument and acknowledged to me that helsheA-hey executed the same in hislhed4h r authorized capacity(ies), and that by hislherAheir signature(&) on the instrument the person(O-, or the entity upon behalf of which the person(&') acted„ executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . III. �:! ',s�� ►J � i�I1�. of California y of Riverside On Notary Public, pe onaliy appeared _ who proved to me the basis of name(s) is/are subscri d to the he/she/they executed the me in his/her/their signature(s) on t i t which the person(s) acted, exe I certify under that the foregoing pal WITNESS Signature before (Seal) som evirn Rama co M1A. IF20s5787 NOTARY Pt&IC ■CALIFOFOM Camfton MN 8. 2018 (insert name and title of the officer) satisf ory evidence to be the person(s) whose wit ' instrument and acknowledged to me that s/her/their authorized capacity(ies), and that by rument the person(s), or the entity upon behalf of the instrument. T'Y OF PENURY under the laws of the State of California is true and co ct. and official seal. 682/015610-0065 7504405.4 a11119114 -31- (Seal) IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date. Date: 2014 Date: , 2014 r%-+-. L %&.. "DEVELOPER" SILVERROCK�DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: MC SilverRock LLC, a Colorado limited liability company Its: Co -Manager SIGNED IN COUNTERPART By: Name: Graham Culp Its: Manager By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager SIGNED IN COUNTERPART By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer "CITY" CITY OF LA QUINTA, a California municipal coraorati_op and ch cat in J. ATTEST: - �;� Susan Maysels, City k APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke, City Attorney 8BT015610-0065 7504405.4 a11/19114 -30- Manager State of California } } County of Riverside } On Nave 6y- I'l , 2014 before me, TERESA THOMPSON, Notary Public, personally appeared FRANK J. SPEVACEK who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature keel} TERESA THOMPSON F Commission # 2030796 Notary Public - California Riverside County a My Comm. Expires Jun 24, 2017 -32- LEGAL DESCRIPTION OF SILVERROCK RESORT Parcels 1-22 and Parcels A-N of Parcel Map 33367, Parcel Map Book 224 of Parcel Maps pages 24 — 39 recorded in the office of the Riverside County Recorder, as Instrument No. 2008-0037788 8821015810-0055 EXHIBIT "A"75D4405A s11119hEXF I 4 X PA 3 LUXURYBRANDED RESIDENTIAL - DEVELOPMENT ' - 1 ' D ! IN- ,5x PA10A 1 ParEINT'IAL FUTURE GO 13 0 ' +1 11 RESERVE/ PUBLIC USE LUXURY HOTEL PARKING PA 4 CONFERENCE AND SHARED SERVICE FACILITY , r a g— 1' 4 l IPA 1 ! 1? GOLF COURSE ' LUXURY HOTELSPA PA 2 - - - - LUXURY I IOTEL EA PROMENADE MIXED -USE VILLAGE AREA I�:. PROMENADE MIXED -USE VILLAGE - AREA 11 LAND USE SUMMARY to tA.iTl4SF. AL. etints 3 GOLr COURSE(ExtSTINGI 173.0.. 2 ILMURY HO7l:1. 17.0 140 3 LUXURY BRANUM RE5R7ENTIAL DEVEIAPMENT 1411 15 3 co NFERENCP AND SHARED SERVICE IACI LITY 12.0 5 LiFES1'YLE1W-M-L 10.0 2w 6 LIFESTYLE 6RANDCD RE.SIDE•N I IAL DLVELOPMENT IQ-Q 60 7 PROMENADE NMED LIFE VILLAGE AREA IU_5 1:0 .4 Rm)RT RES1 DEN FIAL V"ACE 32.0 160 9 F40LAI ENADE MIXED USE L'ILLAC U AREA II 1:) i;u 1UA (X)LF CLURHOWE AND PC3T CNTIA I. N EW C:OLF 11DLE%19 930 25 IUI3 P(MN TIAL NEW GOLF HOLkS 10-1R fl3.0 ll PUBLIC YARK ..5.0 1.2 TRARSoCANh4i sTREETS C"55 TOTAL z2_5.11 &W MASTED PLAN SILVERROCK RESORT LA QUINTA, CALIFORNIA EXRTBIT B SITE MAP PA 5 I -EXPEL VORTION' OF PA 10A GULF CLUBHOUSE PA 1 LIFESTYLE BRANDED RESIDENTIAL. DEVELOPMENT PAII -PUBLIC 4 1{ PARK t &ANG> 1 (f V �ovcRFun+� I . A�PARKINQ 1 VLTUFtr, CKA r cams - j�! j - * RCSFR/'SIPUBLIC pff x USEPARCCELS E SKI' 1� I � Sum MAIN INTRY OF- c W - f/ `� ccularoe 11PG PA 8� RESORV RESIDENTIAL�=' VILLAGE Ct.7fti AM uwmm r POTENTIAL FUTURE, GOL.I- COURSE RESERVE/PUBLIC r" F? 1 1AN7'Fi3A 1C'E I 'USE FARa'US 1 R00111T[i111F:'^1 EXHIBIT "C" MITIGATION MONITORING PROGRAM EXHIBIT "C" CITY OF LA QUINTA MITIGATION MONITORING PROGRAM PROJECT NAME: The Ranch/SilverRock Resort SCH No.:1999081020 APPROVAL OATS: May 15'", 2002/July 18'r', 20M The Mitigation Monitoring Program (MMP) has been prepared in conformance with Section 21081.6 of the California Environmental Quality Act. It Is the intent of this program to (1) verify satisfaction of the required mitigation measures; I2j provide a methodology to document Implementation of the required mitigation; (3) provide a record of the Monitoring Program; 14I idenUfy monitoring responsiblllty; (5) establish administrative procedures for the clearance of mitigation measures; (6j establish the frequency and duration of monitoring; and (7) utilize existing. review processes wherever feasible. The folfowing environmental mitigarfon measures were Incorp orored fn to the approval for this project In order to mitlgate potentially slgnlj7cont envlronmentaf fmpacts to o level of insrgnfficonce. A completed and signed checklist for eoch mitigation measure lndIcates brat this mi6gatfon measure hos been complied with and implemented, and fur)lls the City of La Quinta's nr ifaring requirements with respect to Assembly Bill 3180 (Puhlk Resources Code Section 21081.6). Env, issue I Potential I Mitigation Measure Method Method of I Responsible I Monitoring VerMeatlon of Area Env. Impact Review Apricy Milestone Compliance Geology The soils at the site Prior to the design and construction of any structural Reoelpt of site "y of La Quinta Prior to the have the potential improvements, a comprehensive design level specific Issuance of any for geotechnlcal evaluations shall be prepared that geotechnical/ grading permits hydroconsolidatlon includes subsurface exploration and laboratory testing. englneering with the addition of RecommendatJons for grading/earthwork, surface and plans for the water subsurface drainage, foundations, pavement structural Project sections, and other pertinent geotechnical design. considerations shall be formulated and Implemented based on the findings of this evaluation. The Project Site All buildings planned as a result of the Proposed Review of City of La 4uinta Prior to the would be subject to Project shall be constructed in conformance with the construction issuance of any ground shaking Uniform 8ullding Code, as adopted by the City of La plans building permits duringaseismic Quinta. event. Water The project would During construction activities, water trucks are to Field Cltyof La rlulnta Ongoing during use potable water acquire water from non -potable water sources, such as inspection construction for dust reclaimed water and/or canal water. suppression Instead of reclaimed water Ralik)1561 it-A0 7504405.4 a I I119114 Env. Issue Area I Potential Mitigation Measure Env. impaet I Method of Review I Verification Responsible Agency I Monitoring Milestone I Verification of Compliance I Initial I [)ate I Remarks Cumulative use of At such time that non-patabie wager sources become Review of City of La QUInta Prior to the potable water for available to the project site, the project shall connect landscape and and Coachella Issuance of irrigation would to this resource and utilize the non -potable water for project plans Valley Water building pernilts. incrementally irrigation purposes. to Identify the District contribute to the ahllityto demand an water Connect to supplies non -potable water sources in the future Drought tolerant landscaping. shall be utilized as a Reyew of City of La Quinta Prior to the means of reducingwater consumptiom landscape and issuance of project plans building permits The project will A hydrology master plan shall he prepared for the Receipt of site Clty of LaQuinta Prior to the result In changes to Project Specific Plan. Further, a hydrology study shall hydrology Issuance of grading atimrption rates, he prepared to support the hydrology master plan, master plan permits drainage patterns, This study shall demonstrate that the project would and study for or the rate and construct storm drainage and hydrologic the Project amountafsurface improvements, such as on -site stormwater retention runoff basins, that conform to the City's master hydrology and storm drain improvement program as well as implement regional and local requirements, polkas and programs. Prior to the Initiation of any construction activity an the Provide NOI Regional Water Prior to the project site, a Notice of Intent (NOI), Storm Water and Quality Control issuance of any Pollution Prevention Plan (SWPPP), and Monitoring verification Board grading permits Plan will be filed with the RWQCB under the general that It was NPOES construction permit The SWPPP shall include sentto Best Management Practices (BMPs) in compliance with RWQCB the NPDES program requirements. Any exlsting groundwater wells located on the site that Revlew of City of La Oulma Prior to the are no longer in use shall be abandoned in accordance construction issuance of any With Federal, State, and local laws and regulations prior plans grading permits to the issuance of building permits. gg2to 15610-OM5 73oWS.4 a 1/19114 'Z' Env. potential Issue Env, Impact Area I Mitigation Measure Method of Review I Verification I Responsible Agency I Monitoring Milestone Verification of Cam fiance I Initial I Date I Remarks Design of new roads, golf courses, man-made ponds. Review of slte, Ciry of La Quinta Prior to the common landscape areas, Storm water baslns, and storm Issuance of grading other facilltles shall Incorporate proper engineering drainage and permits controls to channel storm and irrlgatlon runoff Into landscape deten:Honlretentlon facilities that are sized to plans accommodate design year storms and that incorporate filtratlan systems or other devices to reduce the potential for herbicides, pesticides, fertilizers, and other Contaminants to percolate to groundwater or surface water runoff. Water from golf Prior to operation of the golf course, the golf course Receiptof Clty of La auinta Prior to the course operation operator shall prepare a Golf Course Management Plan Goff Course issuance of would contaln that includes an Irrigation plan, water usage plan, and Management operation permit pollutants that chemical management plan in order to reduce, to the Ptan Impact extent feasible, golf Course Irrigation runoff and groundwater petoo Iation into the groundwater basin. quality A1r Quality Construction Construction equipment shall be phased and operated Review of City of La Quinta Prior to issuance of activity generates In a manner to ensure the lowest construction -related construction grading,, permit vehicular air quality pollutant emission levels practical, and shall require the management pollutants use of water trucks, temporary Irrigation systems and plan other measures which will limit fugitive dust emissions during site disturbance and Conatructlon. The following measures shall be implemented to Review of City of La Quinta Prior to the reduce construction related traffic congestioni construction issuance of grading • Configure construction parking to minimize traffic I management permit disturbance plan • Minimize obstruction of through-traffk Lanes • Provide flag person to ensure safety at construction sites, as necessary • Schedule operations affecting roadways for off• peak traffic hours • Provide rldeshare Inoentives to construction personnel 882A115610-WO 7504405.4 el 11191t4 - Env. Issue Area I Potential Env. Impact I Mitigation Measume Method of Review Verification Responsible Agency Monitoring Milestone I Verification of I Compliance I Initial I [late I Remarks Emissions of PM. A P%110 Management Plan far construCtron operations Review of dust City of to Quinta Pnor to Issuance of would exceed the shall be submitted prior to the issuance of grading control plan grading permit threshoWsof permits. The plan shall include dust management significance during controls such as: construction Water site and equipment morning and evening • Spread sail binders on site, unpaved roads, and parking areas • Re-establish ground cover on construction site through seeding and watering • Pave mnstruMon roads, where appropriate • Operate street -sweepers an paved roads adjacent to site Air quality control measures identified In the Coachella Review of dust City of La Quinta Prior to issuance of Valley PMIC State Implementation Plan shall be control plan g rad Ing Perm It implemented. To reduce VOC emissions associated with archltectural Review of City of La Qulnta Prior to issuance of coatings, water -based or low-VOC coatings shall be construction budding permit used and applied with spray equipment with high management transfer eff1clency and/or the need for paints and plan solvents should be reduced bV using pre -coated building materials or naturally colored building materials. 992A 15451©-nG65 7504405_4 a f119114 "�" Env. Issue Area I Pottntial Env. Impact I Mitigalion Measure I Method of Review Verification I Responsible Agency I Monitoring Milestone Verification of Compliance I initial Date I Remarks Opera Non of the Timeshare and golf facility construction shall utilize Review of City of La ilulnta Prior to issuance of proposed project solar or low emisslon water heaters to reduce natural construction occupancy permit would resuit in gas Consumption and emissions, and site plans increased air pollutant Timeshare and gaff facility construction shall utlllze emissions. built-in energy -efficient appliances to reduce energy consumption and emissions. Shade trees shall be provided In close proximity to Timeshare, hotel and golf facility structures to reduce building heating/cooling needs. Timeshare and golf farJllty construction shall utilize energy-efficlent and automated controls for air conditioners to reduce energy consumption and emissions. Timeshare and golf facility construction shall be constructed using special sunlight-tlltering window coatings or double -paned windows to reduce thermal gain or loss. Timeshare and golf facility construction shall utilize automat] c lighting on controls and energy -efficient lighting iincluding parking areas) to reduce electricity consumption and assoclated emissions. Timeshare and golf faclllty construction shall use light- colored roofing materials In resldentlal construction as opposed to dark roofing materials. Bus stops shall be positioned at locations on and Review of City of La Ciuinta Prior w Issuance of adjacent to the site to be determined In coordination construction grading permlt with the bus translt service provider that wilt serve the and site plans project area. Bus stops should be generally located 1/4 mile walkini distance from Timeshare units. The golf course shall design on -site circulation plans for Review of City of La 4uInta Prior to Issuance of Clubhouse parking to reducevehitie queuing. construction grading permit and she plans 8021415610.41065 75gd493,4 ei. 1119114 'S- Fmv, Issue Area I PatentW EnV.Impact I Mitigation Measure Method of Review I Verification I Responsible I Agency Monitoring Milestone 11[nitiall Verificattartaf I Com llatce Date I Remarks Transporta Increases In local A traffic signal shall be Installed at the Project entrance Warrant study Crty of La Quinta Ongoing tion and roadway volumes and Avenue 52, the Project entrance and Jefferson OrcU ation would Street and at the intersection of Avenue 54 and incrementally Jefferson Street when and if they are warranted. The decrease developer of the site shall be responsible for payment intersection LOS of a fair share of the cost of installing these signals. Biological During construction Efforts shall be made to ensure that all pesticides. Review of Cltyof La Quinta Prior to the Resources and landscaping fungicides, herbicides and fertJllzers used during the Construction Issuance of grading activales, Impacts construction and operation of the Project Site will not and permits to common wildlife be harmful to wildlife. Landscaping would occur plan DuringccnAructton A construction plan shall be prepared and Review of Cltyof La Quinta Prior to the and operat 10n, demonstrate, to the extent practicable, construction Construction issuance of grading there Is a potential actMtles that emit excessive noise will be avoided plan permits impact to adjacent to the hillside. In addition, during grading and Peninsular bighorn construction activities any blasting or pile-drrving near sheep and other the hillside will not occur during the period from Jan. 1 wildlife through June 30th. Potential impact to The landscape plan shall include only plants that are Review of City of La 4uinta Prior to issuance of Peninsular bighorn nontoxic to wildlife. All exotic plans such as tamarisk project bullding permit sheep from and fountain grass are prohibited. Existing trees may landscape Increased human remain, plan presence on Project site g92A9156:10-0065 750W5.4 91 V 19114 - - Env. 1 sue Area I Potential Env. impact I Mitigation Measure Method of Review I Verification I Responsible Agency I Monitoring Milestone Verificffiion of Compliance I Initial I Date I Remarks A mountain toe -of -slope buffer/mhtigatien concept plan Review of Cltyof La Quinta Prior to issuance of has been prepared to protect peninsular big horn construction, grading permit sheep, and other wildlife, from entering the non- landscape and mountainous portion of thesite proposed for site plan development This concept plan illustrates a continuos (Agency shall, buffer to the to" `,slope in areas where development to the extent could oaur adjacent to the mountain edge. The practical, concept plan delineates the location, acreage and widen the native plant species envisioned for the mitigation area. narrowest This plan shall be incorporated into the project design points ofthe and shall be subject to review by the Gty prior to the buffer areas Issuance of grading permits. A copy of this mountain to minimize toe -of -slope buff@rlmltJgation concept plan is available the Impacts for review at the Gty of La Quinta Community on the hlllsWe) Development Department. If Bighorn Sheep enter onto the Project Slte, an g-foot The Agency City of La 4uInta Ongoing fence tar the functional equlvaientj between the shall development and the hillside shall be constructed. The guarantee to gaps Should be 11 centimeters (4.3 inches) or less. If pay determined necessary, the City shall construct the design and temporary fendng while permanent fencing is construction constructed. The fence shall not contain gaps In which costs for the Bighorn Sheep can be entangled. if the Agency transfer fencing, and or disposes of any of the property adjacent to the that If the hillside, the Agency shall reserve an easement sufficient property for the construction of fencing if needed In the future. is tra n sfefred, it shall require that the subsequent owner bond or posts sufficient security for the completion of the fence should It arlse In the future. 8g2t9t56tG-W55 7504405.4 511119114 '�" Env. Issue Area Potential I Env. Impact I Mitigation Measure Method of Review Verification I Responsible I Agency Monitoring Mile5tone Verification of I Cam fiance Initial Date Remarks Dogs shall not be permitted to be loose within the Review of CRy of La Qulnta Ongoing protect area, and shall be kept away from the hdlsde landscape and areas through appropriate signage and fencing where signage plan a plkable. Access into the hillside area from the site will be Review of site City of La Quinta, Prior to issuance Of discouraged through the use of signs or barricades, rf and signage CDFG, USFWS occupancy permit necessary, unless the access Is provided as part Of a trail plan system that is approved by the USFWS and CDFG. There is a potentlal The final design of the project shall insure that road and Review of site City Of La Quinta Prior to the Impact from driveways are designed to minimize headlight shine and issuance of grading nighttime light an from vehicles onto the hillside. construction permit wildlife pia n There Is a potentlal In all areas adjacent to the hillsides, non -glare glass Review of site City of A Quinta Prior to the Impact from glare shall be used in new construction. Exterior building and issuance of and exterior lights shall not shine an the hillside. Exterior lighting construction building permit lighting on wildlife shall be kept at the safest possible minimum Intensity plan and_almed away from the hillside. All swimming pools located on the Project Site shall be Review of City of La Qulnta _ Prior to the fenced pursuant to City regulations. construction Issuance Of grading plan permit Potential impact to Prior to any construction or site preparation aclvkles Verification of City of La Qulnta, Prior to the mesquite hummock that would Impact the 3A acres of mesquite hummock, receipt of CDFG issuance of grading habitat the agency or project developer shall enter into a flnanClal permit Memorandum Of Understanding (MOU) with CDFG and security an appropriate non-profit Organisation whose purpose instrument is to acquire and manage land for the purpose of andcapyof protecting special status plants and wildlife. This MOU the MOU shall provide the organization chosen the financial resources necessary to purchase and manage 3.4 acres of mesquite hummock in the Willow Hole area or In another area where the habitat is contiguous and large preserves already protect much of this habitat type. The exact location and cost shall be determined through consultation with CDFG and the selected organization- H2r0I5510OA5 7504405.4 a U19114 Env. I Issue Area PotesitW I Env, Impact Mitigation Measure Method of Review I Verification I Kesponslble Agency I Monitoring Milestone VetiTiratiott of Cam Hance I initial I pate I Remarks Pate ntial Impact to Prior to the commencement of on -site grading, a 404 Receipt of City of La Qulnta, Prior to the areas underthe permit shall be obtained, d legally required, for required COFG, ACOE Issuance of grading Jurisdiction of the alteration of areas under the ACOE jurisdiction. In permits permit ALOE and the COFG addition, If development activities are to take place within sireambeds or drainages under the jurisdiction of the CdFG, a strsambed alteration agreement shall first be obtained, If leply required. Hazards Exposure to Prior to the demolition or renovation of the on -site Proofthata City of La Qulnta Prior to the asbestos is a single family residence, asbestos containing materials qualified issuance of significant Impact (ACMj shall be removed In accordance with current demolition demolition permit regulatory guldelines. team has been retained Noise Construction noise Between May 1 and September 30, all construction' Review of Cltyof La Cluinta Prior to the would impact local activities an the project site shall only occur between onn-'trutlion Issuance of grading residents and the hours of 6;00 AM and 7-00 PM Monday through plans permit sensltIVe receptors Friday, and from 8;00 AM to 5:00 PM on Saturday, and shall be prohlblted on Sundays and public holidays. Between October 1 and April 30, all construction activity on the projectsite shall only occur between the hours of 7:00AM and 530 PM Monday through Friday, and from g:']0 AM to 5:00 PM on Saturday, and shall be prohibited on Sundays and public holidays. All operational actvaies of the Project shall also be subject to the Noise Ordinance of the City aswell. All construction equipment operating in the planning Review of City of La Qulnta Prior to the area shall be fitted with well -maintained functional construction Issuance of grading mufflers to limit noise emissions. plans permit, ongoing throughout construction To the greatest extent feasible, earth moving and Review of City of La Qulnta Prior to the hauling routes shall be located away from existing construction Issuance of grading residences. plans permit The design, selection and placement of the mechanical Re New of City of La Qulnta Prior to the equipment for various buildings shall Include construction Issuanceof consideration of the potential noise Impact they may plans building permit have on uses wlthIn the deve op mentsite. WXJ. 5610-0065 731).W5.4 a 11119/14 `�' Env. Ieaue Area I Potential hmv.Impact MitigationMeasuire Method of Review Verification Reaponsible, Mordtaring Agency li_[llesiotte Verlfic�ionof Com _[fence Initial Date R. k. Silencers and/or barriers shall be provided where Review of City of La Quinta Prior to the necessary at outdoor equipment, such as cooling construction Issuance of towers, air cooled condensers and refrigeration plans building permit compressors/condenser units, and at the air intake and discharge openings for building ventilation systems. Public The proposed The Riverside County Fire Department; in Its review of Review of site Riverside County Prior tothe Services projectwould new development proposals, shall evaluate project and landscape Fire Department Issuance of grading Incrementally plans and the Department's ability to provide proper plan and City of La permit increase demand fire protection. This review shall Include, but shall not Quinta for service on the be limited to; internal circulation, project directories, Riverside County street names,and numbering systems. New Fire Department developments shall comply with all City and Fire Department standards. The proposed The Riverside County Sheriff's Department shall review Review of site Riverside County Prior to the project wouId new development proposals In order to evaivate and landscape Sheriff issuance of grading Incrementally proles piaes and the Department's ability to provide plan Department and permit Increase demand adequate pollee protection. This review should City of La Quanta for service ontha Include, but not be limited to internal circulation, Riverside County project directories, street names, and numbering Sheriff Department systems. New developments shall comply with all established Cltyand Sheriff standards. Utilities The project would The most efficient furnaces, water heaters, pool Review of Chyaf La Quinta Prior to the and result In an heaters and other equipment that use natural gas shall construction Issuance of Sorvke Incremental' be used In project construction. The use of kitchen plan building permits Systems Increase in appliances that use natural gas and alternative, eiec"lraldemand renewable energy sources, including solar and wind turbine technologies shall also be used to the greatest eittent feasible. Tale 24 of the California Administrative Code, which Review of City of La Quinta Prior to the addresses energy conservation In all proposed uses construction Issuance of shall be strictly enforced In project design and ,plan building permlb construction. The use of septic Ali planned uses shall be connected to the city -wile Review of Coacheiia Valley Prior to Issuance of systems In the City sewer system. construction Water District grading permit could result In plan potentlal Impacts 88MI5610-0065 7504405.4 ai llt9lt,l -� �- Env. Issue Area I Potential Env. Impact I Mitlgatioo Measwe Methodof Review Verification I Responsible I Agency Monitoring Milestone Verification of I Coco liance Initial Date I Remarks Any existing or historic septic systems located on the Review of Coachella Valley Prior to issuance of site shall be abandoned in accordance with Federal, construction Water District and grad Ingpermit State, and local Yaws and regulations prior to the plan City of La Quinta Issuance of building permits. The Incremental A recycling program shall be developed for all Reoelptof City of La Quinta Prior to the increase in solid proposed uses. Recycling provisions for commercial recrydfng issuance of waste generation and business establishments should Include separate program occupancy permit could result In recycling bins. Items to be recycled at commercial Potential' impacts establishments may include white paper, computer legal paper, cardboard, glass and atum€num eans. Professional landscaping services from companies Vedncatlon Cktyof La Quinta Prior to the which compost green waste shall be Wlize& that a issuance of qualified occupancy permit landscaping service has been retained The Incremental The Projects fair share of public utlltues, Infrastructure Verification of Chy of La Quinta Prior to the demand from the and Improvements required to property service the recelpt of issuance of grading project an utility proposed uses shall be determined through financial permit systems could consuftation with the City Department of Public Works security result In potential and paid prior to the issuance of grading permits. Instrument. Impacts Aesthetics The project area Is Landscape designs and materials that complement the Review of City of La Quinta Prior to the adjacent to a scenic native desert environment shall be utilized in project landscape and issuance of grading area. Devefapment design and construction. design plans permit would after the aesthetic nature of the area Overhead utility lines shall be undergrounded to the Review of City of La Quinta Prior to the greatest extent possible through the establishment of design and Public Works and Issuance of grading an undergrounding program and guidelines subject to site plans City Engineer permit the review of the City Engineer and Public Works oepartment. Slgnage shall be Ilmited to the locations, sixes, and Review of City of La Quinta Prior to the maintenance requirements necessary to provide design plan I issuanceofgrading function t Identification. I I permit 887J015610100S5 750"05.4 al 110A4 Env. Issue Area Potential Mitigation Measure Env. impact Method of Review I Verification Responsible Agency Monitoring Milestone Verificationof Cam llance I Initial I Date I Remarks Safe, convenient vehicular and pedestrian circulation, Review of Cnyof La Quinta Prior to the stressed outdoor storage/loading and other unsightty landscape and Issuance of areas, protected and enhanced outdoor seating areas, design plans building permit appropriate lighting levels, limited slgnage, and landscaping designs that preserve and enhance visual resources shall be included In the design of any commercial area an the Project Site. Development proposed along designated scenic Review of City of La Quinta Prior to the highways, roadways and corridors shall be reviewed for landscape and Issuance of grading compatiblilty with the natural and built environments design plans permit to assure maximum viewshed protection and pedestrian and vehicular activity. All grading. and development proposed within scenic Revlew of City of La Quinta Prior to the vlewsheds, shall be regulated to minimize adverse landscape and issuance of grading Impacts to these viewsheds. Alt grading, deveiopment design plans permit and landscaping plans shall be submitted to the City for review and approvai prior to the Issuance of grading permits. Th a p roj e ct would outdoor lighting shall be limited to the minimum Review of City of LaQuInta, Prior to the Introduce new height, number of fixtures,and intensity needed to design and Riverside County Issuance of sources of light and provide sufficient security and Identification in each site plans Sheriff building permit glare that would development, making every reasonable effort to Department alter the existing protectthecommunity'snghtskles. nighttime environment Cultural There Is potential During any ground altering activltles associated with Verification City of La Quinta Pnorto issuance of Resources for discovery of project grading ar construction, including demolition of that a grading permit unidentified existing modern structures and facilities, the project qualified subsurface cultural area shall be monitored by a qualified archaeological historical resources during monitor. The monitor shall have the authority to halt consultant has future ground any activities Impacting potentialty, significant cultural been retained altering activities resources untg the resources can be evaluated for significance and cleared or mitigated. The monitoring program shall also include consultation with the local Native American representatives (e.g„ Torres -Martinez and/or Morongo Reservations). 88ML56VO-0065 750,1415.4 4 fftWtd �- EXHIBIT"®" FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT 75o4405Aa11� 9114 EXHIBIT "D" REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Exempt From Recording Fee Pursuant to Government Code § 27383 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Assignment") is entered into this day of by and between SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Assignor") and a ("Assignee") with reference to the following: RECITALS A. Assignor is the owner in fee simple of certain real property located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta, California (the "Site"). The Site is more particularly described on Exhibit "A", which is attached hereto and incorporated herein by this reference. B. Assignor acquired the [Site or the Site and certain other adjacent real property (collectively with the Site, the "Development Property")) from the City of La Quinta, a California municipal corporation and charter city ("City") pursuant to the terms of that certain Purchase, Sale, and Development Agreement dated on or about November _, 2014 (the "PSDA"). A Memorandum of Purchase, Sale, and Development Agreement was recorded in the Official Records of the County of Riverside on as Instrument No. to provide notice of the PSDA. C. On or about the same date as the City and Assignor executed the PSDA, the City and Assignor entered into that certain Development Agreement, which was recorded against the [Site or Development Property] in the Official Records of the County of Riverside on 2014, as Instrument No. (the "Development Agreement"). D. Pursuant to the terms of the PSDA and the Development Agreement, the Site was to be used for a (the ["Project" or "Project Component']), E. Pursuant to the terms of the PSDA, the City and Assignor entered into that certain [insert other applicable 8821015610-0065 7504405.4 a1111M 4 _ 1 documents encumbering the Site, such as Option Agreement, Agreement to Share Transient Occupancy Tax Revenue, and/or Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property]. F. The PSDA, Development Agreement, [insert list of documents from above] are collectively referred to hereinafter as the ("Project Agreements"). G. Assignor now desires to transfer the Site to Assignee, and concurrently therewith, to transfer to Assignee all of Assignor's rights and responsibilities under the Project Agreements [to the extent that such rights and responsibilities relate to the Site]. NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Assignor hereby assigns to Assignee all of Assignor's rights and responsibilities under the terms of the Project Agreements, [but only to the extent that such rights and responsibilities arise from the ownership of the Project Component and/or Site] from and after the "Effective Date" (as that term is defined in Section 4 below) of this Assignment (collectively, the "Assigned Rights and Obligations"). 2. Assignee hereby accepts the foregoing assignment of the Assigned Rights and Obligations, and agrees to be bound by the terms of the Project Agreements [to the extent that such terms affect or are affected by ownership of the Site]. I The parties hereto acknowledge and agree that Assignee shall not be responsible for any of the obligations of the Project Agreements which arise from ownership of any portion of the Site and which arise prior to the Effective Date hereof, [or which arise from any portion of the Development Property other than the Site after the Effective Date hereof]. As such, a default by Assignor under any of the Project Agreements prior to the Effective Date hereof, [or with respect to any portion of the Development Property other than the Site after the Effective Date hereof] (`Assignor's Default") shall not be deemed a default by Assignee, and Assignor shall indemnify, defend and hold harmless Assignee from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from an Assignor's Default. A default by Assignee under any of the Project Agreements with respect to the Site after the Effective Date hereof ("Assignee's Default") shall not be deemed a default by Assignor, and Assignee shall indemnify, defend and hold harmless Assignor from any and all losses, claims or liability, including without 8821015610-0065 7504405.4 a11/19/14 -2- limitation reasonable attorneys' fees and costs, arising from an Assignee's Default. 4. This Assignment shall be deemed effective upon the last of the following events to occur: (a) conveyance of the Site to Assignee as evidenced by the recording of the grant deed therefor in the Official Records of the County of Riverside, California, and (b) the written consent to this Assignment by the City with respect to the Assigned Obligations arising under the Project Agreements (herein referred to as the "Effective Date"). 5. Except as otherwise described in paragraph 4 above, the parties hereto each warrant and represent that they have taken all necessary corporate action to authorize the execution and performance of this Assignment and that the individuals executing this document on behalf of the parties are authorized to do so, and by doing so, create binding obligations as described herein of the party represented. 6. This Assignment shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7. This Assignment may be signed in counterparts which, when signed by both parties hereto, shall constitute a binding agreement. [End — Signature page follows] 882l0 t 56 T 0-0065 75044D5.4 al Ill9ll4 -3- WHEREFORE, the parties hereto have executed this Assignment on the date first written above. "Assignor" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: MC SilverRock LLC, a Colorado limited liability company Its: Co -Manager Date: 2014 Bv: Date: 12014 Name: Graham Culp Its: Manager By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer "Assignee" Date: 2014 By: Its: 8621015610-0065 7 50 4405.4 a1Ill 9114 -4 - CONSENT By execution below, the City hereby consents to the foregoing assignment. CITY OF LA QUINTA, a California municipal corporation and charter city By: Its: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney 8821016610-0065 750"05A a71119114 -�` City Manager EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE 8821015610-0065 7504405.4 a11119114 -6- dA SS2 ara GEM ofihe DESERT — TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 28, 2017 SUBJECT: DISCUSS AMENDMENTS TO SECTION 9.60.030 FENCES AND WALLS Staff received a recent inquires for the use of corrugated metal fencing materials for single family residential front yard fencing. Corrugated metal fencing is not listed as a permitted fence material in Section 9.60.030 (Attachment 1) of the La Quinta Municipal Code (LQMC). The list of permitted front yard fencing is limited to ornamental iron and tubular steel, masonry, or a combination of the two materials. Though corrugated metal fencing materials are not listed as a permitted fence type, it is also not listed with prohibited fence materials, such as barbed wire, razor wire, and chain link. Staff has observed that corrugated metal is a popular front yard fence material for midcentury modern homes in the City of Palm Springs and residents have expressed interest in the installation of front yard fences made from corrugated metal (Attachment 2). The Planning Commission noted during their review of the 2016 Zoning Code Consistency analysis that greater flexibility for front yard fencing in the La Quinta Cove would be in character with existing residences that exhibit eclectic entryway and courtyard designs. Staff requests feedback on the existing fence and wall regulations and if the preparation of code amendments are necessary to provide greater flexibility in the City's fence and wall requirements. Any code amendments to the fence and wall requirements will be prepared for future consideration by the Planning Commission and City Council. Attachments: 1. LQMC Section 9.60.030 Fences and Walls 2. Photos of Corrugated Metal fencing 9.60.030 Fences and walls. Page 1 of 4 ATTACHMENT 1 La Quinta Municipal Code Up Previous I Next Main Title 9 ZONING Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.030 Fences and walls.* Search I No Frames * CodeAlert: This topic has been affected by Ordinance No. 550. To view amendments and newly added provisions, please refer to the CodeAlert Amendment List. A. Definition. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen or windscreen. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures. B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. Measurement of Force Eeijoht In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to forty-eight inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences less than thirty inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences thirty inches or more apart shall be considered separate structures and their heights shall be measured independently. The director may require that the area between such fences be provided with permanent landscaping and irrigation. C. Fence Heights. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be twelve feet. 2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side with the exception of the RC district (see Section 9.30.040). http://gcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_030&frames=on 2/24/2017 9.60.030 Fences and walls. Page 2 of 4 3. Setback Areas Bordering Streets, Alleys and Other Accessway. a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the required front setback area (measured from the street right-of-way) and six feet within any rear or side setback area adjoining a public street. b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet. c. Arches or trellises up to nine feet in overall height and five feet interior width may be constructed over a gate on a lot provided the arch/trellis is integrated into the fence/gate design. d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of subsection (C)(4) of this section. e. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the director. 4. Adjacent to a Nonresidential Zone or Use. The maximum fence height between a residential zone or use and a nonresidential zone or use shall be eight feet. a. The height of fences, trees, shrubs and other visual obstructions shall be limited to a maximum height of thirty inches within the triangular area formed by drawing a straight line: i. Between two points located on and twenty feet distant from the point of intersection of two ultimate street right-of-way lines. ii. Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than twelve feet wide. b. For purposes of this code, "point of intersection" means the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. c. The height restrictions of this subdivision shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. D. Gates. 1. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be placed in any location provided they meet the requirements of this section and provided any wood used is not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water - repellant material. Wood gates over thirty-six inches wide shall have a metal frame. Chain link gates are prohibited. Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal if solid. If screening an RV, the gate shall be constructed of a solid opaque material. 2. Width. Pedestrian gates shall not exceed five feet in width, except that gates may be any width within sideyard setbacks of at least twelve feet. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: 1. Wood and Vinyl Fencing. http://gcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_030&frames=on 2/24/2017 9.60.030 Fences and walls. Page 3 of 4 a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood and vinyl or similar recycled fencing materials are permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this section. b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. All vinyl or similar recycled fencing material shall be constructed of an aluminum - reinforced non -reflective material that contains antistatic and UV -radiation inhibiting additives. d. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by four inches redwood, pressure -treated lumber, tubular steel or block and installed per the Uniform Building Code. e. Split Rail Fencing. Split two rail fencing shall be allowed in the front yard or along the front property line with columns a maximum height of four feet and three feet for the top rail. All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non -wood products that have the appearance of split rail. A building permit shall be obtained prior to construction. 2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall or structure. 3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Precision concrete block shall not be used unless all exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by the director. 4. Material Combinations. Combinations of two or more of the preceding materials may be used provided that the bottom one-half of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear and interior side yards and only when not visible from the street. F. Fence Landscaping and Maintenance. 1. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner. 2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty days after receiving notice from the city to repair a wall or fence. The building official may grant an extension to such time period not to exceed sixty days. G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or similar materials in or on fences is prohibited in all residential districts. Chain link fencing is permitted for temporary construction fences when authorized by a minor use permit issued in accordance with Section 9.210.020. Said minor use permit shall not be approved until a permit for grading, or construction, has been filed for, whichever comes first. H. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing shall be regulated by the provisions of Section 9.140.060 (Equestrian overlay regulations) where the keeping of horses is permitted. http://gcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_030&frames=on 2/24/2017 9.60.030 Fences and walls. Page 4 of 4 I. Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its nonconformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. (Ord. 466 § 1, 2009; Ord. 378 § 1, 2002; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exhs. A, B), 1996) View the mobile version. http://gcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_030&frames=on 2/24/2017 JAIS IMP • r:1 i ta Qalctra Sil GEM of the DESERT — TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 28, 2017 SUBJECT: CENTURY LA QUINTA THEATER LANDSCAPE STATUS REPORT This status report on landscape maintenance for the Century La Quinta is provided as requested of the Planning Commission. The Century La Quinta Theater was approved as a site development permit and conditional use permit by the Planning Commission on August 26, 2014 as the 4th development phase of Washington Park on 10.92 acres at the northeast corner of Washington Street and Avenue 47. The Site Development Permit approval included plans for the 47,427 square foot, 12-screen movie theater and conceptual landscape plans for perimeter and parking lot landscape areas. The final landscape plan was approved on September 16, 2015. The applicant, Jack Tarr Development, experienced hardships in completion of the landscape improvements prior to the grand opening date of November 5, 2015. City staff permitted the applicant to post of bonds for the landscape improvements in -lieu of completion of landscape improvements prior to the issuance of a certificate of occupancy. The bonds covered improvements for perimeter landscape and vacant parcels only. Cinemark Theaters is responsible for landscape maintenance in the parking areas and in planters adjacent to the theater building. The Planning Manger conducted a final inspection with the applicant and landscape architect on January 24, 2017. The applicant was in substantial compliance with the final landscape plan, but was required to replace missing shrubs. A subsequent field inspection was conducted and all shrubs were observed to be replaced as requested. Staff began communication with Cinemark Theater representatives in January 2017 for replacement of landscape in planters adjacent to the theater and along nearby parking stalls. Cinemark bided the landscape replacement work and began replacement work on February 23, 2017. Staff anticipates all landscaping shall be in compliance by the week of February 27-March 3 and will monitor maintenance activities. Attachments: 1. Site Map 2. Conceptual Landscape Plan 3. Final Landscape Plan 4. RGA Landscape Architect's Letter of Compliance 5. Photos of new landscape improvements f T , • .fI 1 •y , , t . F °. ... d `°gyp .� \ � •. ,'��L - w a- ,t" . , i' 'J I , ' sag, \ lwRic_ bra Zo oil- - ' „, r , , , .:. ti '. r yi -.:.. r: oil, ` . .,,: f. . \, • *4/ 1;:. ^ "1 \ -fy-,_ _, .r' - _ r \ , ♦ — ••.�,� � ,_ ,- � is �:.. � ,� _ ',. - � k � � \, .� ., ., ,. •� , s ;fir + + r� ... ,. ,,o •'y. : ,�°�: �_ . E.. o ti. \ ",, bi'.. -. `♦ �'", ::.. '\ :'`@ f•; .....�.-�r.s...d 'Y�_p ++' +€, .r, ++ c� II , ,� ,. ? ;� • � . ,. :::� ,- c=raga � �F �i A yg • IL d Lk 1 ,_: , ,.� ^R ,: II e r� .,. ro r .. � \ .v'\ A : ♦_ - IrtS �.� is i� R� 03 'Y r C yam. , 1 , y 1: — ,il -r. : -• .L.'. ., . - `\. \ .; �:, '.; .#: -ice!_ _ �1_ tt � cur-_ dmi jjj wa r ,.., 'r ;:, --.. ! .... - ,..,v � . ..3 �,' `fir • :. i _ x � x' _ . _ - y , �y Fes. -. ,' __ . ,: ,:• ,- °�. %'' \,\ ?i\ �\ � Vim'', , a �• _ - � •x-� � _ , D D s. a ✓ ~y °.. ,. _.._ ,. .. 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IFW"4 !' a ND PRELIM L -1.00 Ar e 11 r_ r_ 11 5!a WASHINGTON PARK PHASE PARCEL 2 OF PARCEL MAP # 30903 78-365 HWY 111) LA QUINTA, CA 9 NDEX: N 0. 351 2253 4 IRRIGATION PLAN L-3.00 - L-3.03 IRRIGATION DETAILS L-4.00 PLANTING AND LIGHTING PLAN L-5.00 - L-5.03 PLANTING DETAILS L-6.00 PARKING LOT TREE SHADE PLAN L-7.00 VICINITY MAP: LOCATED IN THE NORTH EAST Y4 OF SECTION 30, TOWNSHIP 5 SOUTK RANGE 7 EASr, SSB+M 1� 47th AVE. 02 n w O z W w HWY.1 i 1 Q TO LA AMDESET& AVENUE 47 c i AVENUE 48 z c.7 z F AVENUE 50 n 0f V) If, z CD Cn LU T4 INDIO APP=r PLAWF41NG DEPARTTENT B DAB I r5 XMIBI ' CASLIH LANDSCAPE ARCHITECTS,INC. 73061 EL PASEO, SUITE "210" PALM DESERT, CA (760) 568-3624 FAX (760) 773-5615 E-MAIL; rga@rga-pd.com Landscape Documentation Package Checklist Washington Park Phase 4 Exterior Landscape Documentation Package Checklist Washington Park Phase 4 Interior W' ` S H I ' " G TO N 111 LTD C/O BILL S A N C H E Z Tract or Parcel Number. Parcel 2 of Parcel Map # 30903 Tractor Parcel Number: Parcel 2 of Parcel Map # 30903 30240 RANCHO VI E J 0 ROAD, SUITE B Assessor's Parcel Number (APN): tSg3-o2o-032 Assessor's Parcel Number (APN): 643-020-032 S A N J U A N C A P I S TR A N 0, CA W Q n� L_I Q z 0 z = N Q O ry W . . Q0 zz U U W W � � N0 �0/ l_1 _ Iy WATER CONSERVATION STATEMENT: PREPARED FOR: 92675 Project Location: Northeast comer of Washington Street and 47th Avenue Project Location: Northeast corner of Washington Stre MAINTAINING X 1. Water Efficient Landscape Worksheet X 1. Water Efficient Landscape Work sheet ANY DECORATIVE CONCRETE AND/OR LANDSCAPING INSTALLED WATER BUDGET CALCULATIONS WATER BUDGET CALCULATIONS OVER DOMESTIC WATER AND/OR SEWER LINES. COO tXISTING 5�40-�Fs / >1 � % ! \\ \ y /' ENTRY. 1 lk EXISTING / \ Q� I tea" R DWG. NQ 34732 III X 9 I w . 0 CW4D. EASEMENT //� X III a 00 PER DOCUMENT / ? NO. I a g 'BUILDINGPAD o � � /� ®_ DIP WA M I , I I / PER I � w I / II / I I /3A" \ POC NEW 1-1/2 WATER METER AND 2 BACKFLOW TO BE INSTALLED St( err• I I CVWD. I ► I�1,0 STA 15+7Q54 \ \ I I 1 _I I IIII II lI I ►► , cI--► ``�\—� IjI I I II I I 20CVWD. EASEMENT WATER MAIN PER DOCUMENT PED DRAWING KsI� NO. NO. RECO D® 21 I I I II II I /i III CP SEWER MAIN PER I I III —1 WING II Ili I III I III IIII " 1" IIII _ ,� .4%4" `\ 31' CVWD. EASEMENT I I I 1 IIII ( I I PER DOCUMENT / NO. I I I I I IIII I III I I 1 11 1 RECORDED° 1 I II s /i 1 I II I I IIII �� / 1 I I 21-4 I I II j I I II r1`I 1 IIII \� � I I i la II I IIII I � I I I II i II , III MATCHLINE B —11" III � � ING 12' DIP WATER MAIN PER ' CVWD DRAWING NO.34729 ; ®RIGATION SCHEDULE SYMBOL MANUFACTURER/MODEL/DESCRIPTION 1402 PSI GPM RAID. DETAIL REMARKS O Rain Bird 1402 Flood 30 .5 - I Flood Bubbler on fixed riser Q Q Rain Bird XB-10PC-1032 / XB-20PC-1032 Xeri Bug Emitter 20 1gph, 2gph - J 1GPH 2GPH Xeri Bug Emitter on a Rain Bird PolyFlex riser. Use XB-10pc-1032 emitters for Low water use plants Use XB-20pc-1032 emitters for Mod and High water use plants See planting legend for Plant Water use requirements. ® Rain Bird XCZ-100-6-COM K Drip Control Kit, 1" PEBS valve, 1" Basket Filter, and 40psi Pressure Regulator, 1" Ball Valve. ® Rain Bird XCZ-LF-100-PRF K Drip Control Kit, 1" LFV valve, 3/4" PR Back Flush Filter, Pressure Regulated to 30psi. T) API FCH-H-FHT Flush Valve L Automatic Self Flush End Valve. Rain Bird PEB C Electric Remote Control Valve ® Rain Bird 33DRC E 3/4" Quick Coupler Valve, two piece body Nibco T-FP-600 D Brass Full Ported Ball Valve, same size as pipe diameter. ED Rain Bird ESP8LXMEF Controller wtih ET Manager Cartridge B Mount controller in a Strongbox Stainless Steel SB-16SS Controller Enclosure. MV Superior 3100 1" F Normally open design, solid brass construction, electric. FJ Rain Bird FS-100-B F 1" flow sensor for use with Rain Bird ESP-LX system. Brass model. Suggested operating range of 2.0 gpm to 40.0 gpm. Sensors should be sized for flow rather than pipe size. M B F 1-1/2" Water Meter and 2" Backflow Preventor A To be Installed by C.V.W.D. Irrigation Lateral Line: PVC Class 200 — Irrigation Mainline: Use PVC Scheduel 40 Pipe with Deep socket sch 40 fittings for pipe size up to 1-1/2." Use PVC Class 315 Pipe with Deep socket sch 40 fittings for pipe size 2"and larger. Pipe Sleeve: PVC Schedule 40 Typical pipe sleeve for irrigation pipe. Pipe sleeve size shall be 2 times diameter of irrigation pipe to allow for irrigation piping and their related couplings to easily slide through sleeving material. Extend sleeves 18 inches beyond edges of paving or construction. Valve Callout �M x Valve Number Valve Flow Valve Size X: 4 V1 , I �,Aw - EASEMENT DED a /— / DWATER MAIN PE A34729 i / MIRROR MIRROR — — -- MMMRM \ NOTE: NO PERMANENT STRUCTURES WITHIN CVWD EASEMENTS. CVWD WILL NOT BE RESPONSIBLE FOR REPLACING AND/OR MAINTAINING ANY DECORATIVE CONCRETE AND/OR LANDSCAPING INSTALLED OVER DOMESTIC WATER AND/OR SEWER LINES. • TREES, PLANT' WALLS, SIDEWALKS AND PERMANENT WRMFES OF ANY KIND SHALL NOT BE PLANTED, INSTALL® OR BUL.T N CVWD AND USER EASEMENT OR R1GHT-OFWAY WRi-au FIRST OBTAINING AN ENCROACHMENT FROM CVWD. 2 per tree 1 per shrub GRAPHIC SCALE .0 CVWD LANDSCAPE APPROVAL These plans have been reviewed by the Coachella Valley Water District in accordance with California Governemnt Code, Section 65591 et seq. NJ �' T E R requiring efficient landscape and irrigation design in cooperation with the local governing agency (City or County). O1S T R 1C"x Approval of this drawing by CVWD staff does not constitute approval to encroach into district and USBR Rights -of -Way. Trees, plans, walls, and permanent structures of any kind may not be planted or installed In CVWD and USBR easements or right-of-way without first obtaining an encroachment permit from CVWD. Date WATE NAGEME DEPAR T L42288 CVWD Plan # VEL PMENT VI S DEPARTMENT LANDSCAPE ARCHITECTS, INC 7" EL PASEO, :SUITE 210 PALM DESERT, CA 92260 (760) 56S-3624 (760) 773-,W FAX E-MAIL- rgarga-pdcom SPECIFICAl10N3 SHEETO BOOK PROJECT MANAGER- LT DRAWN- LT CHECKED- - PROD. NO: R0712 DATE: 3/3/14 SCALE: 1'-2U-0' REVISIONS: PER SITE PLAN 0 7 7 14 IN LT ®CVWD REVISIONS 9 614 TM ®CVWD REVISIONS 121714 TM QCVWID REVISIONS 1 2815 TM ©CVWD REVISIONS 5/1/15 SM CVWD REVISIONS 5/8/15 TM I SHEET NO: L-3.00 / ' s s wq 41 1 1 11 EXISTING 8' SWR DWG > ; 3r — — —F EXISTING 8' SWR DWG-41th AVE, ---EX VTR-- -----tX WTRJ ---EX %OTR X WTR-- -,-EX VTR- --EX VTFt-- X3--- 3 NO.23400 NO 23400�— e,.., , ' fz EXISTING 8' SWR DWG 6 3.4 6 NO.23400 NOTE: NO PERMANENT STRUCTURES WITHIN CVWD EASEMENTS. CVWD NOTE: SCALE: 1" - 20'-®" WILL NOT BE RESPONSIBLE FOR REPLACING AND/OR MAINTAINING ANY DECORATIVE CONCRETE AND/OR LANDSCAPING INSTALLED OVER DOMESTIC WATER AND/OR SEWER LINES NOTE: GRAPHIC SCALE SEE SHEET L-a00 FOR IRRIGATION LEGEND 61 1 NORTH 60' 40' 20' 10' 0 W \ h. cm 34729 0� CVWD. EASEh in. r� i LANCAPE ARCI"'IITECT3, INC. 7= EL PASEO, SUITE 210 PALM DESERT, CA 92260 (760) 568-3624 (760) 773-5M FAX E-MAIL- rgaorga-pd oom SPECIFICATIONS SHEETE BOOK ■ PROJECT MANAGER. LT DRAWN: LT CHECKED: - PROJ. NO R0712 DATE: 3/3/14 SCALE: 1'-2U-0' REVISIONS: NIT PER SITE PLAN OREVOQNIS 7 7 14 LT OCVWQ SONS 9 614 TM ®CMIDWMIONS 121714 TM OCVWDREMSQNS 1 2815 TM ®CVWD REVISIONS 5/1/15 SM QCVWD RE SONS 5/8/15 TM SFIEEI' NO: L-3.01 9, 4 4, f MATCHUNE D / :.. _ ....�. _. �..................�, ._..._.....� _ - -- - - -� - j Water Use Calculations A2 O Washington Park Phase 4 Interior , Site Information d � � � Zone No ...�„.3..„.�..�, 2>� \ EXISTING 12" DIP / / / Total Tree and Shrub Square footage 16349 t / q 9 WATER MAIN PER // //� Total Lawn Square footage 0 ` T�EA T °� / Square Total Annual Color S foots e 0 CVWD DRAWING a g \\ SITE- URB Total Water feature Square footage 0 34729 \ \ �4" / /� /% Recreational Turf Square footage 0 LANDSCAPE ARCHITECTS, INC. 2W Number of plants by water use % of Total Landscape Square Footage 73061 EL PASEO, SUITE 210 / / / / Very Low _ 0 0.000 0.00 PALM DESERT, CA 92260 \ 4'4" / / // / / Low 278 0.540 8825.29 Mod 237 0.460 7523.71 - (760) 568-3624 °� / /y / / High 0 0.000 0.00 (760) 773 5615 FAX Total 515 1.00 E-MAIL: rgaerga-pd.com �9 4 // Maximum Applied Water Allowance ESE CVWD. / ... EXISTING 18' WTR \ ` :\tl /i /� // DWG NO. 23396Ilk EASEMENT DOC. ID. / i / f 4m i� �" /0 2006-0852588 SWR © CONTROLLER DWG NO.3,4,732 / i / \\ , DWG NO. �347 �4" /� Estimated Water Use W �`„ / / SITE -CURB Plant/Irrigation System Type: Zone Irr. Eff. Area Seasonal Plant Factor: - ` 'N CD Drip / Bubbler I Micro Spray 3 0.9 8825.29 2 Low Water Use Calculations A a. Washington Park Phase 4 Exterior NOTE. NO PERMANENT +�/��/ ,\\� V4" Site Information Plant/Irrigation System Type: Zone Irr. Eff. Area Seasonal Plant Factor: Q STRUCTURES WITHIN CVWD D Total Tree and Shrub Square footage 62855 Drip / Bubbler I Micro Spray 3 0.9 7523.71 3 Mod CL 21"1"/� / \ Total Lawn Square footage 0 EASEMENTS. CVWD WILL I �� NOT BE RESPONSIBLE FOR � � �`6� \ Total Annual Color Square footage 0 j j/ 3 \ Total Water feature Square footage 0 Q Q , \ Recreational Turf Square footage 0 REPLACING AND/OR /// 11 Q Number A lants b water use %of Total Landscape Square Footage �■ MAINTAINING ANY I - /I �' �0 I Very Low 0 0.000 0.00 // ' LOW 566 0.437 27471.76 Estimated Total Water Use 381.76 Z DECORATIVE CONCRETE �4" / /� Mod 729 0.563 35383.24 / \ \ � / CVWD. � High 0 0.000 0.00 a 0 AND/OR LANDSCAPING �.„ \�� // I Total 1295 1.00 Water Efficient Landscape Worksheet O \ \ 2 // EASEMENT I Washington Park Phase 4 Interior INSTALLED OVER DOMESTIC / � � . / / I Maximum Applied Water Allowance � WATER AND/OR SEWER / �4 �� / / �� / / / LINES. /� / / z T1 UTURE PHASE 31 CVWD. EASEMENT 1 F (NOT A PART) ;4 ER DOCUMENT II f NO. 4Co` I II ECORDED I I Q Estimated Water Use I Plant/irrigation System Type: Zone Irr. Eff. Area Seasonal Plant Factor: I I� Drip /Bubbler Micro Spray 3 0.9 27471.75 2 Low II I I w i WATCH71 „ I l 'III F \ IN W W W 0 Al Plant/irrigation System Type: Zone Irr. Eff. Area Seasonal Plant Factor: Drip / Bubbler! Micro Spray 3 0.9 35383.24 3 Mod (fj 31' CVWD. EASEMENT �4„ I 1: ,88 PER DOCUMENT 4" I� \ NO. I I I NOTE SEE SHEET L-3.03 FOR IRRIGATION LEGEND. I� \ ECORDED_ /_ / ,o, �4" 1 KEYMAP H I A3 Estimated Total Water Use 1601.53 \ i y rt II I Water Efficient Landscape Worksheet Washington Park Phase 4 Exterior°§ \ I EXISTING 18' WTR F DWG NO. I I I F III EXISTING 8' SWR DWG a q I NO.23400 1 I I �� oo DIP WATER MAIN 1 I PER CVWD DRAWING 1 I l y VCP SEWER MAIN PE I I 1 NO. � V w� 1 s CVWD DRAWING 1 I j 1 1 NO. I 1 ,,�:-. I / SITE CURB �„ 7x f 1� �4• / 47th AVE. , --- Ill 1 " a l DWG I„ ,„ / 2Yi / CVWD LANDSCAPE APPROVAL � (r D. These planes have been reviewed by the Coachella Valley Water District in / T E accordance with California Governemnt Code, Section 65591 et seq. EASEMENT P R requiring efficient landscape and irrigation design in cooperation with the SHEET NO: local governing agency (City or County). / / / �/S T R t C� Approval of this drawing by CVWD staff does not constitute approval to encroach Into district and USBR Rights-of-Way.Trees, tans, walls, and P \ / 2 permanent structures of any kind may not be planted or installed in CVWD NORTH and USBR easements or right-of-way without first obtaining an L-3.02 NOTE: encroachment permit from CVWD. \� ��``-i SCALE: 1" = 20'-0" TREES, PLANT, WALLS, SIDEWALKS AND PERMANENT STRUCTURES OF ANY KIND 1 ,\ m /,% J GRAPHIC SCALE SHALL NOT BE PLANTED, INSTALLED OR BUILT IN CVWD AND USBR EASEMENT Date WATER AGEMENT DEPART N OR RIGHT-OF-WAY WITHOUT FIRST OBTAINING AN ENCROACHMENT FROM CVWD. 1 42 g L „ 60' 40' 20' 10, 0 CVWD Plan # DE LO MENT VI ES DEPARTMENT FXLCMUQJ rCL 44. f Water Adj. Total Sq. Conversion Factors Zone No. Eto MAWA 0.62 748 Factor Ft. Conventional 3 75.00 0.5 62855 0.62 748 1953.71 Landscape Recreational 3 75.00 0.82 0 0.62 748 0:00 Tu Season Zonal Eto Value Plant Factor Area sq. ft. Conversion Factors .Estimated Water Use 0.62 748 Irri. Eff. Spring 16.50 0.20 27471.76 0.62 748 0.9 83.49 Sumner 45.75 0.20 27471.76 0.62 748 0.9 231.50 Fall -Winter 12.75 0.20 27471.76 0.62 748 0.9 64.52 TOTAL 379.51 Season Zonal Eto Value Plant Factor Area sq. ft. Conversion Factors Estimated Water Use 0.62 748 Irri. Eff. Spring 16.50 0.50 35383.24 0.62 748 0.9 268.84 Summer 45.75 0.50 35383.24 0.62 748 0.9 745.43 Fall -Winter 12.75 0.50 35383.24 0.62 748 0.9 207.74 TOTAL 1222.01 Water Adj. Total Sq. Conversion Factors Zone No. Eto MAWA 0.62 Z48 Factor Ft. Conventional 3 75.00 0.5 16349 0.62 748 508.17 Landscape Recreational 3 75.00 0.82 0 0.62 748 0.00 Turf TOTAL MAWA 508.17 Season Zonal Eto Value Plant Factor Area sq. ft. Conversion Factors Estimated Water Use 0.62 748 Uri. Eff. Spring 16.50 0.20 8825.29 0.62 748 0.9 26.82 Sunnier 45.75 0.20 8825.29 0.62 748 0.9 74.37 Fall -Winter 12.75 0.20 8825.29 0.62 748 0.9 20.73 TOTAL 121.92 Season Zonal Eto Value Plant Factor Area sq. ft. Conversion Factors Estimated Water Use 0.62 748 Irri. Eff. Spring 16.50 0.50 7523.71 0.62 748 0.9 57.17 Summer 45.75 0.50 7523.71 0.62 748. 0.9 158.50 Fall -Winter 12.75 0.50 7523.71 0.62 748 0.9 44.17 TOTAL 259.84 APPLICANT INFORMATION Name of Project Applicant: Alice Chen Telephone No: 760-568-3624 Fax No: 760-773-5615 Title: Assistant Designer Email Address: ashen@rqa-pd.com Company: RGA Landscape Architects Street Address: 73061 El Paseo, Ste. 210 . City: Palm Desert State: CA Zip Code: 92260 SECTION A. HYDROZONE INFORMATION TABLE Irrigation Point of Connection (P.O.C.) No. Controller No. Valve Circuit No. Plant Type(s) Irrigation Method Area (Sq. Ft.) %of Landscape Area B 1 MW B 200 1.22% $ 2 LW / MW D 2945 18.01% B 3 MW` B 700 4.28% B 4 LW B 1100 6.73% B 5 LW / MW D 1043 6.38% B 6 MW B 1000 6.12% B 7 LW / MW D 1830 11.19% B 8 LW 1 MW B 850 5.20% B 9 LW / MW D 2633 16.10% B 10 LW / MW B 1450 8.87% B 11 MW B 200 1.22% B 12 LW / MW D 1298 7.94% "B 13 LW ! MW B 1100 6.73% Total : 16349 100.00% APPLICANT INFORMATION Name of Project Applicant: Alice Chen. Telephone No: 760-568-3624 Fax No: 760-773-5615 Title: Assistant Designer Email Address: achen(c�rga-pd.com Company: RGA Landscape Architects Street Address: 73061 El Paseo, Ste. 210 City: Palm Desert State: CA Zip Code: 92260 SECTION A. HYDROZONE INFORMATION TABLE Irrigation Point of Connection (P.O.C.) No. Controller No. Valve Circuit No. Plant Type(s) Irrigation Method Area (Sq. Ft) %of Landscape Area A 1 LW ! MW D 10864 17.28% A 2 LW / MW B 1400 2.23% A 3 MW B 200 A 4 MW B 300 0.48% A 5 LW B 1700 2.70% A 6 MW D 14712 23.41% A 7 LW B 600 0.95% A 8 LW / MW D 1059 1.68% A 9 MW B 400 0.64% A 10 MW B 600 0.95% A 11 LW / MW D 272 0.43% A 12 MW B 250 0.40% A 13 MW B 350 0.56% A 14 LW B 2100 3.34% A 15 LW / M W D 24034 ' 38.24% A 16 LW / MW D 3214 A 17 MW D 300 0.48% A 1$ LW B 500 0.80% Tots I: 62855 100.00% SPECIFICATIONS SHEET � -BOOK � PROJECT MANAGER: LT DRAWN LT CHECKED - PROJ. NO: R0712 DATE 3/3/14 SCALE 1��20°-0n REVISIONS NIT. PER SITE PLAN OREVISIONS 7 7 14 LT WATER METER g 414 AC A�CVWD REVISIONS 9 6 14 TM ®CVWD REVISIONS 12/17/14 TM A�CVWD REVISIONS 1/28/15 TM ©CVWD REVISIONS 5/1/15 SM I/ 2Y2» / / N, IRRIGATION SCHEDULE SYMBOL MANUFACTURER/MODEL/DESCRIPTION PSI GPM RAD. DETAIL REMARKS 1402 o Rain Bird 1402 Flood 30 5 - 1 2 per tree \ Flood Bubbler on fixed riser Rain Bird XB-10PC-1032 / XB-20PC-1032 Xeri Bug Emitter 20 1gph, 2gph - J 1 per shrub 1 GPH 2GPH Xeri Bug Emitter on a Rain Bird PolyFlex riser. �\ \ Use XB-10pc-1032 emitters for Low water use plants \ Use XB-20pc-1032 emitters for Mod and High water use plants \ See planting legend for Plant Water use requirements. Rain Bird XCZ-100-B-COM K \ / \\ `� Drip Control Kit, 1" PEBS valve, 1" Basket Filter, and 40psi 181ING 24' P \ / �, Pressure Regulator, 1" Ball Valve. R DWG N6 307 Rain Bird XCZ-LF-100-PRE K Drip Control Kit, 1" LFV valve, 3/4" PR Back Flush Filter, Pressure Regulated to 30psi. _\LISTING / 11 / API FCH-H-FHT Flush Valve L 12 DIP WATER MAIN PER Automatic Self Flush End Valve. CVWD DRAWING NO.34729 , �4 Rain Bird PEB C Electric Remote Control Valve i XIS 24' D Rahn Bird 33DRC E EAR DW6�N 0784 ` \ �i ` < // W 3/4 Quick Coupler Valve, two piece body LIJ Z Nibco T-FP-600 D Brass Full Ported Ball Valve, same size as pipe diameter. C \ /�� , \ I A Rain Bird ESP8LXMEF Controller wtih ET Manager Cartridge B ® / �► �-- Mount controllerin a Strongbox Stainless Steel B-16SS Controller Enclosure. Superior 3100 1" F Normally open design, solid brass construction, electric. Rain Bird FS-100-B F \ 1" flow sensor for use with Rain Bird. ESP-LX system. Brass model. Y Suggested o eratin ran a of 2 0 m to 40 0 m Sensors should be sized for flow rather than pipe size. gp 1-1/2" Water Meter and 2" Backflow Preventor A To be Installed by C.V.W.D. _ \ �CVWD SEME 1 `' Irrigation Lateral Line: PVC Class 200 \ 4» PER / /// ',ti \\\ loo N..1<�1\ �„ _ Irrigation Mainline: Use PVC Schedua 40 Pipe with Deep socket sch 40 fittings for pipe size up to 1-1/2." . 3472g RE 2/2 ED 03` Use PVC Class 315 Pipe with Deep socket sch 40 fittings for pipe size 2"and larger. _ o _ _ _. _ _ _ Pipe Sleeve: PVC Schedule 40 Typical pipe sleeve for irrigation pipe. Pipe sleeve size shall be 2 times diameter of irrigation pipe to allow for irrigation piping and their related couplings to easily slide through W s �� \ \ \\�, sleeving material. Extend sleeves 18 inches beyond edges of paving or construction. W Z Valve Callout VV Valve Number 4, Valve Flow .,,�\ „\\ ,.. Valve Size \ �4„ \N� EASE \\ R DEb, 03/02�i2004 NORTH SCALE: 1" = 20'-0" GRAPHIC SCALE 6Y 40' 20' 10 0 \ \// \ \ 2W NOTE: 1XI \ ®,. \ TREES, PLANT, WALLS, SIDEWALKS AND PERMANENT STRUCTURES OF ANY KIND SHALL NOT BE PLANTED, INSTALLED OR BUILT W CVWD AND USBR EASEMENT T E \ OR RIGHT-OF-WAY WITHOUT RRST OBTAINING AN ENCROACHMENT FROM CVWD. N2,V WTR i\ wG n�. 307 CVWD LANDSCAPE APPROVAL These plans have been reviewed by the Coachella Valley Water District in accordance with California Governemnt Code, Section 65591 et seq. P T E R requiring efficient landscape and irrigation design in cooperation with the \ local governing agency (City or County). ��S T R 1C� Approval of this drawing by CVWD staff does not constitute approval to r encroach into district and USBR Rights -of -Way. Trees, plans, walls, and / permanent structures of any kind may not be planted or installed in CVWD / and USBR easements or right-of-way without first obtaining an encroachment permit from CVWD. Date WATER NA EMENT DEP RT IENT L42289 CVWD Plan # SEVELIOPMENT SFAVICYF DEPARTMENT LANDSCAPE ARCHITECTS, INC. 73061 EL PASEO, SUITE 210 PALM DESERT, CA 92260 (760) 568-3624 (760) 773-5615 FAX E-MAIL: rgaerga-pd.com SPECIFICATIONS SHEETE BOOK PROJECT MANAGER: LT DRAWN:. LT CHECKED: — PROJ. NO: R0712 DATE: 3/3/14 ,SCALE: 11b-20'-0" REVISIONS: PER SITE PLAN OREVISIONS 7 714 NIT. LT OCVWD REVISIONS 9 6 14 TM ®CVWD REVISIONS 12 17 14 TM �CVWD REVISIONS 1 28 15 TM ©CVWD REVISIONS 5/1/15 SM SHEET et r No: L-3.03 APPLIED (OR EOUA1_)ITx1r PLASTIC BOX APPLIED ENG. (OR EQUAL) ROLM RAM APPLIED ENG. (OR EQUAL) ROUND PLASTIC + COVER W/ LOCK TOP MARKED IRRIGATION BOX + COVER COLOR TO MATCH BOX + COVER. COLOR TO MATCH BRASS NIPPLE (TYPJ PRESSURE GAUGE TAP CONTROL VALVE COLOR TO MATCH SURROUNDING SURROUNDING SOIL RAN N DG. AND SURROUNDING SOIL. 4 PLACES ELL (0-200 PSI) BOX TO BE PLACED LAVENDER BOX FOR WATWATER GREEN IN LAWN) SE LAVENDER BOX USE LAVENDER BOX � RECLANED GATE VALVE 2 PLACES AT RIGI-ff ANGLES �IDU� FOR CLAMED ATE APPLICATION.APPLICATION.ATEFt APPLICATION. REDUCED PRESSURE (PLASMFACE) TO HARDSCAPE EDGE COVER MARKED IRRIGATION BACKFLOW PRIEVENTER ELBOW (BRASS) VALVE SEQUENCE TO BE PANTED ON AM)Ql ( ) ) U6 GATE VALVE $ ® BRASS NPPLE CONTROLLER -HYBRID EACH BOX TEST COCK (TYPJ UNION F FINISH GRADE 4 PLACES PRESSURE SUPPLY STRAINER #40,tea$ .• •. LINE -DISCHARGE 0 T WIRES BY SOLDERING T + i; i R R„ i i® x x x x J x x x x x x x � x x x � FNI�SH GRADE c Z WA USE AN UL APPROVED x x x x x x x MESH MODEL ^• • ' R i i UNDERGROUND WIFE SPLICE KTr i : R . /7• : i R A R" R LAWN AREAS x x x x x x x x ° PVC SCH 40 1\ O R i R R R i R R R W R" CUR TYPE EXPAW " i R fl i • Rr M R R R i MV.\ L 4') ` Y x x x FINISH GRADE � 1• MALE ADAPTOR M k 11 SHRUB AREA i PEDISTAL BRASS ELBOW MOUNT F19H GRAM - NON PRESSURE LINE LAWN AREAS FffTNG HANDLE = PVC LINE PPE 4' THREADED NIPPLE ® RELIEF PORT FLASH GRADE ®•mSOLENM 3' FINISH GRADE SHRUB AREAS � ,� .• ® ®• o .. s ' " `� ELL i o®. ' o •p • . o� . a e o• e e o FLOW ADJUSTMENT � � '� PEA GRAVEL PRESSURE SUPPLY LNG (SEE SPEC) • �® ' � STREET ELL STREET ELL BRASS ELBOW FLOW FINISH GRADE • p a o� (MN. 3 CU. FTJ PVC SCH. 40 MALE PEA GRAVEL ., (MN2 CU. F 0 TEE 01fEADED OUTLET) 1T THREADED NIPPLE PRESSURE SUPPLY d PRESSURE SUPPLY L.HE RTTNG • • 8 •LINEINTAKEa '•• L • ® � (SEE ATK�1) a ®� . • . • • ®. BALL VALVE a 'A PVC LINE PPE 80 _ : • ••' USE T.OE NIPPLE NOTE. COMMON YAM••.® ' I EQUIPMENT TO BE INSTALLED AT A MINIMUM OF 1T FROM WALLS, CONTROL ME BUL.DNGS, ETC. �� • / ~®e 0 ~ ®• ' • •' � 2 ALL ABOVE GROUND AS'BEMBLY SHALL RECEIVE OIEM COAT 2' PVC SCH 40 CONDUIT INSTALL CONTROL VALVES OF APART +t` °: • � r -• :: ••` EPDXY PRIMER AND ONEW COAT EPDXY PANT AS SELECTED BY AND FITTINGS NOTED N AREAS UNLESS O NOT®. ARCHITECT. DO NOT PANT LEVERS, TAGS, AND MOVING PARTS. a WHEN UNIT E NEXT TO BUILDING, WALL, ETC, TEST COCKS ARE TO BE ON OUTSIDE A BACKFLOW PREVENTOR (PER C.V.W.D.) B AUTOMATIC CONTROLLER C AUTOMATIC VALVE D BALL VALVE E OUICK COUPLER VALVE NOTE: NO PERMANENT STRUCTURES WITHIN CVWD EASEMENTS. NSTALLAONNOl INSTALLATION NOl 12 120VOLT POWER FCO S)93TOBEPROVOEDBYOTHERS ON A SEPARATE CFKXn BREAKER IRIiIGATION CONTRACTOR SHALL CVWD WILL NOT BE RESPONSIBLE FOR REPLACING AND/OR t SPWl IRFH><3ATHON PLAN IS DIAGRAMMATIC. MAL LOCATION BE RESPOl COtOlECTIONS'M CONTROLLER CCONTROILE R MALLLLOCM AKING ATT1ON SHALL BE DETERMINED, Of OWNERS MAINTAINING ANY DECORATIVE CONCRETE AND/OR LANDSCAPING °FPPN°"n.LBE°Ei AT "LACED OF INTAMETRE. MAMM AND L,AlT3RALS 81•IAI.L BE PLACED N SAME TRC-PK:H WHIEtd AUII�IOR� ATIVE COUPMEIllPI' SHOWN N PAVED AREAS E FOR DESIGN 13 RONALD GREGORY ASSOCIATES, INC. SHALL APPROVE ALL N(ELD F N TAL L E D OVER DOMESTIC WATER AND/OR SEWER LINES. CLAFtiFiCAT10N °N`Y'4ND "STALLED IN BE "STALLPLANfTED AREAS. IGN,DUEDESANTE E$ ° TO SITE PLAN AND LANDSCAPE PLAN CHANGES TO GUARANTEE t00X BPRNCLE•R COVERAGE OR THE IRRIGATION INSTALL ALL EourmEw As SHOWN N DETALB. ALL EQUPMENT CONTRACTOR SHALL ASSUME FULL RE8PONSIBIM. LOURED BUT NOT SPECFED ON THE DRAWNG SHALL BE PRCVl (D NORMALLY OPEN MASTER VALVE(S) BY THE RRIGATIONI CONTRACTOR ONSIBLE FOR 14, RONALD �-� ASYs EM Dou CONTRACTOR NOT � PAIRIOPMOWING 3, ALL ECiVJT SHALL BE INSTALLED N ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND SPECFICATIO1,48. PLAN WE SRNG OR INADEQUATE STATIC PRESSURE OR NFELD O2 WIRE TO SATELLITE CONTROLLER SPARE STATION 4, °ESM CHANCES WITHO(rOVAL (3 6 —INCH LOOP) C WITiCFiL AL UI�T (s) SHALL BE INSTALLED IN ACCORDANCE 15 INC. Is NOT RESPONSIBLE FOR ;r ERRORS N NSTALLAMON F THEY HAVE NOT RETANED FOR ®e 3.0-INCH MINIMUM DEPTH OF 3/4-INCH NWIDRK&AANSHIP 5. IRRIGATION CONTRACTOR SHALL BE ONISELE FOR PROPER DURING NeTALLo,TION. NSTALLATM OBSERVATION. WASHED GRAVEL 6. ALL MAINLINE PIPING SHALL HAVE A M1N1MUM OF iHI;• COVER (24' 16. LANDSCAPE CONTRACTOR SHALL REFER TO sPECFiCAmoN8 FOR DETALS, STANDARDS OF MATERIALS AND WORKMANSFIR 6 6 O BRICK (1 0 F 4) UNDER ROADS AND STREETS AND 24 F W RUBBER Fa SEALED PPE). ALL LATEI RAL PIPING SHALL BE TRENCHED A MNNAUM OF SPECIAL NOTES 12" DEEP. ALL CONTROL WIRE GONG UNDER DRIVEWAYS AND ® VALVE BOX WITH COVER - 12-INCH SIZE PVC SCHEDULE 80 FASO STEETS SHALL BE SLEEVED N A PVC PPE LATERAL PPNQ GONG UNDER DRIVEWAYS AND STREETS SHALL BE SOHISD LE 40 PVC t SHRUB SPRAY HEADS ON A RISER WILL ONLY BE PERM<iTED NEXT TO A WALL, A FENCE OR Cl AREA WHERE THEY ARE OUT OF CLEAR / � 5 5 VIEW. AN APPROPRIATE HEHGHT PROP -UP SPRI I(LE 4 SFIALL BE 2 1 (� © FINISH GRADE PVC SCHEDULE 40 STREET ELLS ], VALVE E SHALL LAST � NSTALLED ADJACENT' TO ALL WALKS, DRIVES, PATIO AREAS AND ALL AREAS PEDESTRIAN TRAFFIC. FINAL INSTALLATION N LAWN % I I O RAIN BIRD FS SERIES 150-40OP/FS-100A WITH MAN-INE EVER POSSIBLE AND BE SOLD COPPER 4'I4, FD , RECT BURIAL WIFE, UG SNAP BNITTE OR TYPE U AWO SHALL BE FLUSH AND INS RUB BEDS ONE NCH ABOVE GRADE 8 1 I E SCOTCH-LOC WIRE OONr�ECTORB. 10 10 FLOW SENSOR(S) & ALL TRENCH BACKFYI. SOIL SHALL BE CLEAN, FRS OF ROCKS 2. CONTRACTOR SHALL PROVIDE THREE AT THE EDGE OF THE ROOT BALL FOR EACH FIELD GROWN OR 24• AND LARGER Boxm TREE 9 ® PE -CABLE TO FLOW SENSING EQUIPMENT AT CCUSATELLITE CONTROLLER ASSEMBLY / _j PVC 40 TEE OR ELL CONTRACTOR TRASH, ASS' sOLVia T AND Ce�VT CON TANERB ANID RAGS TOR SHALL COMPACT ALL T'R TO A DENSITY EQUAL TO THE SOLANDSHALLBE FOR8RD40M ANY SETTLED TF9340HES BACK TO FNIBHH GRADE OR MID OTHER TREE AT THE DI;ECTION OF THE LANDSCAPE ARCHITECT. POP-UP SPRAY 8PlATIONS (36-INCH LOOP) O oo ®� t�J® 0 ®o o 080FLOW -- ® o ®o O9 SEE MAXICOM DETAIL 611 FOR SPLICE. SEE CLASS 200 PVC LATERAL 9. CONTRACTC>fR SHALL FLUSH 1 ALL WE LINES PRIOR TO NBTALLNG HEADS STANDARDY IN TURF� � THE OR F Ot1R NCH POP-UPLAWN TWO OR THREE M�H POl BODY FOR LOW C#ROWNG FLOW SENSOR WIRING DETAIL FOR WIRING TYPES, FOUR OR SIX WC H POP-UP FOR TALLER 4 3 4 3 5X DIAGRAM 10, CONTRACTOR SHALL NBTALL VALVE BOXES AT GRADE OVER ALL ELECTRIC VALVES AND INSTALL ANTH-DF 8- Ill VALVES AS NEC TYPES. 1 OX DIAMETER --,-i DIAMETER 1 O CONCENTRIC REDUCER TO PREVIEW Low HEAD DRAINAGE EROSION OR DAMAGE ANNUAL COLOR SIX OR TWELVE NCH POP -LP BODY OF PIPE PROPER SIX OR TWELVE NCH POP-UP BODY OF PIPE 1t CONTRACTOR SHALL ALL ND AVALVES FOR OPERATION AND COVERIAGE ALONG STREET CURBING AND DRIVEWAYS SHALL BE SET BACK 18 INCHES PER CVWD. ALL SHALL BE ADJUSTED 80 THAT NO WATER I8 THROWN ONTO STRUCTURES OR NATURAL FACED MASONRY WALLS, NO OVERTI-ROW I8 PERMITTED ON HARDSCAPE F MASTER VALVE AND FLOW SENSOR I TREE BUBBLER APPLIED ENG.(OR EOUAL)12'Xi8' PLASTIC BOX Sleeving Trenching 1 + COVER W/ LOCK TOP MARKED IRRIGATION 7s .......... :..... CONTROL VALVE. COLOR TO MATCH SURROUNDING ❑ ® ::.....,... ...... . ..:.•:.•.::... •: .... KEYNOTES SOIL. USE LAVENDER BOX FOR RECLAIMED WATER VALVE ENCE TO BE HEAT BRANDED ON — Y—FILTER ❑ ° -�Q ::•�.:;: :••• ♦•.••... 1 :: • : :•: • ': • • s : :: • : :: • • • • • • • • .. • • • ..... 1. HARDSCAPE (TYP)/FINISH GRADE — — APPLICATION. LID OF EACH BOX ❑ ° ®° ' ° ° ° ® :::•::::•.•:: •. .•.:•.:•: 2 ' ,; ; ::: ; 18 — 2. CLEAN BACKFILL 90% COMPACTION XEFIJ-BUG 2 KNISH ® ® ❑ ❑ ❑ RCv •.•::•::::•.� 3 24 Min. Or Per Specs •:: ;� .•.•: :.::::::.•:. 12° •.:. ..•. :::. 3. SAND (TYP) 3' MIN. ❑ ° ❑ ° '� •'� •'� • •'� • • • • • • 4 4. NON -PRESSURE LATERAL LINE SLEEVE (SIZE PER USE CHRISTY'S TAGS OR EQUAL o - % CHART)/NON PRESSURE LATERAL EQUV TO INDICATE VALVE ® ❑ 6' 6 `::' :.• ;• 5. PRESSURE MAINLINE SLEEVE (SIZE PER SEOUENCE ON VALVE. ❑ ❑ ° ❑ ° <: ,.: CHART)/PRESSURE MAINLINE °- ❑ ° ❑ ❑ ° I 6. CONTROL WIRE SLEEVE ADJACENT TO MAINLINE CONTROL ZONE KITS ° 0 13o ° ," �; . = 2' SLEEVE. ALL SLEEVES TO BE SCH 40 PVC. EXTEND a RAIN BIRD XCZ-100-B-COM C11 7❑ 2' SLEEVES 12" BEYOND EDGE OF HARDSCAPE ON (INCLUDES BALL VALVE,10OPESB VALVE, ® L PRESSURE REGULATOR 6• BOTH ENDS. RECLAIMED WATER SLEEVES TO BE OKCHK100 BASKET RLTER AND 2'- 4 6 6 2' MINIMUM 42"-48" DEEP ( OR PER WATER DISTRICT 6 o o®o c�Q PSI-M40X- PRESSURE REGULATOR) FLUSHING END CAP MAIN ATE LINE 4T�_VARIES SECTION ELEVATION STANDARDS WHERE APPLICABLE). s 7 �� ®®d'8000 o 0 00 SEE PLANTING SPACING ON PLANTING LEGEND „� 1 MAX WIDTH 12' PVC MAINLINE 90% COMPACTION REQUIRED - SEE SPECS PEA GRAVEL T ENCHING/LEEVING DETAIL LEGEND EMITTER PIPE SIZING CHART K DRIP VALVE TREES, PLANT, WALLS, SIDEWALKS AND PERMANENT STRUCTURES OF ANY KIND 1/2" PIPE 0 TO 180 GPH TREE, PALM TRUNK SHALL NOT BE PLANTED, INSTALLED OR BUILT IN CVWD AND USBR EASEMENT t RAN BHD XBRI-SPRAY OR XER! OR 3/4" PIPE 181 TO 360 GPH OR RKA-U-OF-WAY WITHOUT FIRST OBTAINING AN ENCROACHMENT FROM CVWD. XEPo-BUG B&SION DEVICE (ME IRRIGATION APPLIED ENCL (OR EQUAL) ROUND PLASTIC 1" PIPE 361 TO 840 GPH HEAD TYP. ROOT BALL E�'MENT LEGEND FOR MODEL Q. NOTE: BOX + COVER COLOR TO MATCH 1-1/4 PIPE 841 TO 1440 GPH (SEE IRRIGATION LEGEND FOR S ECS) FINISH GRADE INSTALL AT LOWEST POINTSURROUNDING SOIL CVWD LANDSCAPE APPROVAL 2 RAN BIRD MODEL #PFfi-12 POLY FLEX RISER AND/OR AT END OF LATERAL USE LAVENDER BOX FOR , These plans have been reviewed by the Coachella Valley Water District in (LENGTH AS ). PIPING AS � WATER APPLICATION, \ _ _ _ _ _ _ 1. INSTALL ONE EMITTER PER PLANT (UNLESS OTHERWISE NOTED) AT UP accordance with California Governemnt Code, Section 65591 et seq. P T E R landscape irrigation design in the a MULCH BED • FINISH=I I GRADE �® 4 ' . .a d a III®) I I= I i , I —I I II HILL SIDE OF EACH PLANT. / requiring efficient and cooperation with local governing agency (City or County). A FLASH GRADE I 1 I 4 � I) � I-. 2. DUE TO THE HIGH QUANTITIES OF EMITTERS, ALL EMITTERS ARE NOT SEE DETAIL (THIS SHEET) ®�S 1 C� Approval of this drawing by CVWD staff does not constitute approval to 5 PVC FITTING (S x S x 1/2' PVC LATERAL LIVE -I Il d e I LLI �_ SHOWN ON PLAN. IT SHALL BE THE IRRIGATION CONTRACTORS FOR BUBBLER OR XERI—BUBBLER DETAIL. T R encroach into district and USBR Rights -of -Way. Trees, plans, walls, and kind be installed in CVWD SEE PLAN FOR SIZE TO CONSULT WITH LANDSCAPE ARCHITECT TO OBTAIN permanent structures of any may not planted or 6. RAN BiiD MODEL iFRA-050 POLY FAX T .® I I ° I I— THE ACTUAL NUMBER OF PLANTS FOR THE PROJECT. and USSR easements or right-of-way without first obtaining an first from CVWD. RISER ADAPTER. AP I _ I PLACE IRRIGATION HEAD PLACE IRRIGATION HEAD encroachment permit FLUSHM ETD VALVE 3. IT SHALL BE THE IRRIGATION CONTRACTOR'S RESPONSIBILITY TO AT EDGE OF PLANT PIT. ADJACENT TO ROOT BALL U 7. PVC PPE (DEPTH PER SPECIRCATIONI3). FILL BOX WITH 1/2' PEA GRAVEL ACCURATELY PIPE SIZE ALL EMITTER PIPE SIZE CHART SHOWN ON PLANS. Date .WATER N EMEN DEPAR T b L42290 J DRIP EMITTER L END SELF FLUSHING VALVE M TYPICAL EMITTER LAYOUT DEETAIL N TYPICAL TREE/PAL IRRIGATION DETAIL CVWD Plan # AVELOPMENT S,PWICES DEPARTMENT LANDSCAPE ARCHITECTS, INC. 73061 EL PASEO, SUITE 210 PALM DESERT, CA 92260 (760) 568-3624 (760) 773-5615 FAX E-MAIL: rga•rga-pd,c®m SPECIFICATIONS SHEET ■ BOOK ■ PROJECT MANAGER LT DRAWN LT CHECKED - PROJ. NO: R0712 DATE 3/3/14 SCALE 1"-20'-O" REVISIONS AlCVWD COMIMENTS 5/1/15 NIT. SM SHEET NO: LIGHTING LEGEND SYMBOL DESCRIPTION LAMP QTY COLOR / FINISH REMARKS r CANOPY TREE ACCENT 12.4 WATT LED 41 ARCHITECTURAL BRONZE MOUNT ON PERMA POST KICHLER 15753 60° FLOOD ® PALM TREE ACCENT 12A WATT LED 38 ARCHITECTURAL BRONZE MOUNT ON PERMA POST KICHLER 15752 35' FLOOD NOTES: 1. INSTALL ALL LIGHT FIXTURES PER MANUFACTURES SPECIFICATIONS. 2. LIGHTING CONTRACTOR SHALL SUPPLY OWNERS REPRESENTATIVE WITH ONE SAMPLE OF EACH FIXTURE FOR APPROVAL PRIOR TO INSTALLATION. 3. NO SUBSTITUTIONS ALLOWED WITHOUT PERMISSION OF LANDSCAPE ARCHITECT. 4. ALL LIGHTING CIRCUITS SHALL BE BY OTHERS. 5. QUANTITIES SHOWN ARE APPROXIMATE AND SHALL BE VERIFIED ON THE PLAN BY THE BIDDING CONTRACTOR, 6. LANDSCAPE LIGHTING AT GENERAL LANDSCAPE SHALL BE OPERATED BY PHOTO CELL 'ON', 24 HR. TIMER 'OFF'. �1 —---------------CONC ._--- —',----------_UMITOFWORK --- ----/ . O I w -we ml 2a, �!_ I 31'— EASEMENT PER DOCUMENT • EXISTING 12' DIP WATER MAIN PER CVWD DRAWING NO.347 \ 11 X 4 \ s •0 r • r m 0: • t • • 777177.11 • I 1 :• e 0F •r t•�i • : :_ �• t• •c •r • e MIIIIIIIIIIIIIIIIII s•:.11 _.t._. _ • • • • F.77 r �' • c. - ••• e4- r 1 0c. - • • c • r -1 �7llm • t- cc _: •r t - _ • © :: .t. .t. Rom,•.: __ -• p .t. .t. - -rc • 0 • KEYMAP // i 'mot �� ..■� ��--;\\�'--' ,�.'� \.tl► ' 1 �.GRAPHIC SCALE rn NOTE: NO PERMANENT STRUCTURES WITHIN CVWD EASEMENTS. CVWD WILL NOT BE RESPONSIBLE FOR REPLACING AND/OR MAINTAINING ANY DECORATIVE CONCRETE AND/OR LANDSCAPING INSTALLED OVER DOMESTIC WATER AND/OR SEWER LINES. • TREES, PLANT, WALL% SIDEWALKS AND SHALL • -PLANTED, r • - r r USSR EASEMENT PERMANENT C- -,c •F—WAY WlTHW FM I MANNG AN ENCROACHNIENTFROM LANDSCAPE S, INC. 7" EL PASEO, SUITE 210 PALM DESERT, CA 92260 (780) 568-3624 (760) 773-5615 FAX E-MAIL= rga•rga-pdoom SPECIFICATIONS SHEET ■ BOOK 0 PROJECT MANAGER- LT DRAWN: LT CHECKED: - PROJ. NO: R0712 DATE: 3/3/14 SCALE: 1'-W-0' REVISIONS PER SITE PLAN REVISIONS 7 7 14 IN LT 3 CVWD REVISIONS 9/6/14 TM ®CVWD REVISIONS 12/17/14 TM OCVWD REMSIONS 1/28/15 TM ©CVWD REVISIONS 5/1/15 SM ,\7 CVWD REVISIONS 5/8/15 TM SHEET NO: L-5.00 FI MIld l w�� l T 1 k;4 quILC Jm►: M r �r 1 a G 11.4 W 11 'A I" W, ur MAIN PEF -PAWWC a W-s zoo z7t f►` • Wr STfl UMFIES OF ANY KIND uate N CVWD AND UC`USSREA=ENT L422C FWMACHUFR% T �u ,, Ell \ • fIMTCHUNE .. \i �D \ S Maw v • v � F LIGHTING LEGEND F SYMBOL DESCRIPTION LAMP QTY COLOR / FINISH REMARKS EXISTING 12" DIPS a �� WATER MAIN PER F ® CANOPY TREE ACCENT 12.4 WATT LED 42 ARCHITECTURAL BRONZE MOUNT ON PERMA POST CVWD DRAWING KICHLER 15753 60° FLOOD ,� � �, � 3L}]� SITE—URB 9' / ® PALM TREE ACCENT 12.4 WATT LED 38 ARCHITECTURAL BRONZE MOUNT ON PERMA POST /� KICHLER 15752 35° FLOOD Ilk w7p >� �et•,.. ��EXISTING 18 DWG NO. 23396 EASEMENT !®®� \ EMV �V ' ,w V� M EMV- EMV MV T 3� 3� �� a1►+ BEMENT :NT DC BL �:J COP � I CN BL I I II II CN I � F )C ®COP I I X F I� AM I I b a &03 044 3 �' ��'��• L� it ""'k►'� se��iPi. • • I I ' I AM TR EXISTING 18' W 1111 DWG NO. 23396 B 1L EXISTING 8' SWR DWI I a I NO. 23400 E 1 1 ,N 1 Il �� ODC/ to 1 / 1 CVWD. NOTES: 1. INSTALL ALL LIGHT FIXTURES PER MANUFACTURES SPECIFICATIONS. 2. LIGHTING CONTRACTOR SHALL SUPPLY OWNERS REPRESENTATIVE WITH ONE SAMPLE OF EACH FIXTURE FOR APPROVAL PRIOR TO INSTALLATION. 3. NO SUBSTITUTIONS ALLOWED WITHOUT PERMISSION OF LANDSCAPE ARCHITECT. 4. ALL LIGHTING CIRCUITS SHALL BE BY OTHERS. 5. QUANTITIES SHOWN ARE APPROXIMATE AND SHALL BE VERIFIED ON THE PLAN BY THE BIDDING CONTRACTOR. 6. LANDSCAPE LIGHTING AT GENERAL LANDSCAPE SHALL BE OPERATED BY PHOTO CELL 'ON', 24 HR. TIMER 'OFF'. PLANT PALETTE 7-19 ;. -, ■'' .. ♦� • - • t E. - - T 7,37,• c: s' - _ 1 !!► .,._l.. �,�._ l- ■1 .' -T.L..., ustij. a.Z7,!.a11.ca: � • � e • -IVAr-i ecMT �� •� t. - c 0 •. c •• • +s •. • • �. �,.� •• r. • e • ` - -,_.� a :.-, ; : • � III �� .. �T�� LF x7ni,,•• I, �D!111111L NOTE: NO PERMANENT STRUCTURES WITHIN CVWD EASEMENTS. CVWD WILL NOT BE RESPONSIBLE FOR REPLACING AND/OR MAINTAINING ANY DECORATIVE CONCRETE AND/OR LANDSCAPING INSTALLED OVER DOMESTIC WATER AND/OR SEWER LINES. EASEMENT SEE SHEET L-5.00 FOR PLANTING AND LIGHTING LEGENDS NOTE: / TREES, PLANT, WALLS, SIDEWALKS AND PERMANENT STRUCTURES OF ANY KIN[ 0 AA r% $ 41`1 RIGHT-OF-WAY WITHOUT FIRST OBTAINING AN ENCROACHMENT FROM CVWD ;d NORTH SCALE: 1 " = 20'-0" GRAPHIC SCALE 60' 40' 20, 10' 0 KEYMAP — 00 ° o X0 ° X 0 0 X ■ o ° 0 o ° Q °Q ° o ° o o ° o ° o C e e a 47th AVE. CVWD LANDSCAPE APPROVAL These plans have been reviewed by the Coachella Valley Water District in accordance with California Governemnt Code, Section 65591 et seq. P T E R requiring efficient landscape and irrigation design in cooperation with the local governing agency (City or County). 4,'S T R 1 G� Approval of this drawing by CVWD staff does not constitute approval to encroach into district and USBR Rights -of -Way. Trees, plans, walls, and permanent structures of any kind may not be planted or installed in CVWD and USBR easements or right-of-way without first obtaining an encroachment permit from CVWD. Date WATER NN GEMENT DEPART EN L42293 ,� siGt CVWD Plan # VEL PMENT ES DEPARTMENT LANDSCAPE ARCHITECTS, INC. 73061 EL PASEO, SUITE 210 PALM DESERT, CA 92260 (760) 568-3624 (760) 773-5615 FAX E-MAIL: rga•rga-pd.com SPECIFICATIONS SHEET M BOOK ■ PROJECT MANAGER LT DRAWN LT CHECKED:— PROJ. NO: R0712 DATES 3/3/14 SCALES 1"-20'—O' REVISIONS PER SITE PLAN 0REM&ONS 7 7 14 NIT. LT 30CVWD REVI310N3 9 6 14 TM 4 CVWD REVISIONS 12 17 14 TM Zj,CVWD REVISIONS 1/28/15 TM Q6 CWYD REVISIONS 5/1/15 SNI I SHEET NO: L-5.02 / NOTE: NO PERMANENT STRUCTURES WITHIN CVWD EASEMENTS. CVWD WILL NOT BE RESPONSIBLE FOR REPLACING AND/OR MAINTAINING ANY DECORATIVE CONCRETE AND/OR LANDSCAPING INSTALLED. OVER DOMESTIC WATER AND/OR SEWER LINES. STING 24` rr I EMV 0 ° `< w XISTIN 24' ER DWG N F mawl 3 \ WI d o \ W ` Z IN • ® `V' 41 \ / mma. e Ir1� PLANT PALE"UE 711111 TM _ _.:- T- cn 73=57 � 0 ill �.�� «-. - - • : • . �-•c � s ' �,.: LIGHTING LEGEND SYMBOL DESCRIPTION LAMP QTY COLOR / FINISH REMARKS - CANOPY TREE ACCENT . 12.4 WATT LED 42 ARCHITECTURAL BRONZE MOUNT ON PERMA POST KICHLER 15753 60° FLOOD PALM TREE ACCENT 12.4 WATT LED 38 ARCHITECTURAL BRONZE MOUNT ON PERMA POST KICHLER 15752 35° FLOOD \ W ' NOTES: Z ` `�/ 1. INSTALL ALL LIGHT FIXTURES PER MANUFACTURES SPECIFICATIONS. \ 2. LIGHTING CONTRACTOR SHALL SUPPLY OWNERS REPRESENTATIVE WITH ONE \ j SAMPLE OF EACH FIXTURE FOR APPROVAL PRIOR TO INSTALLATION. I3. NO SUBSTITUTIONS ALLOWED WITHOUT PERMISSION OF LANDSCAPE ARCHITECT. \ \ 4. ALL LIGHTING CIRCUITS SHALL BE BY OTHERS. 5. QUANTITIES SHOWN ARE APPROXIMATE AND SHALL BE VERIFIED ON THE PLAN BY THE BIDDING CONTRACTOR. 6. LANDSCAPE LIGHTING AT GENERAL LANDSCAPE SHALL BE OPERATED BY PHOTO CELL 'ON', 24 HR. TIMER 'OFF'. 14 GRAPHIC SCALE .1 � 1 1 1 1 III SCREEN THEATER ® PROPOSED CENTURY 1 TE i \ "X ° \ MATC:HUNE D 1NG 24' PO )WG N . 30; KEYMAP—___ 00. oo (0 ° ° O Q ° ° o ° 0 0 0 0 �o o � O o °° O ° °0 ° o NOTE: TREES, PLANT, WALLS, SIDEWALKS AND PERMANENT STRUCTURES OF ANY KIND SHALL NOT BE PLANTED, INSTALLED OR BUILT IN CVWD AND USBR EASEMENT OR RKaHT—OF—WAY WITHOUT FIRST OBTAINING AN ENCROACHMENT FROM CVWD. CVWD LANDSCAPE APPROVAL These plans have been reviewed by the Coachella Valley Water District in accordance with California Governemnt Code, Section 65591 et seq. \N P T E /�' requiring efficient landscape and irrigation design in cooperation with the Olocal governing agency (City or County). �/ S T R 1 C� Approval of this drawing by CVWD staff does not constitute approval to encroach into district and USBR Rights -of -Way. Trees, plans, walls, and �, �� permanent structures of any kind may not be planted or installed in CVWD and USBR easements or right-of-way without first obtaining an �. encroachment permit from CVWD. / Date WATER M MENT DEPARTME L42294 I CVWD Plan # QfVELOPMENT S_VWIC64TDEPARTMENT LANDSCAPE ARCHITECTS, INC. 73061 EL PASEO, SUITE 210 PALM DESERT, CA 92260 (760) 568-3624 (760) 773-5615 FAX E-MAIL: rgaerga-pd.CoM z Q � W CO z = U � J � � Z Z O Q Og z z Cj) Q .a. _j W W 0 IL SPECIFICATIONS SHEET BOOK PROJECT MANAGER: LT DRAWN: LT CHECKED - PROJ. NO: R0712 DATE: 3/3/14 SCALE: 1'-20'-0' REVISIONS: PER SITE PLAN ,&REVISIONS 7 714 INIT. LT 30CVWD REVISIONS 9 6 14 TM ®CVWD REVISIONS 12 17 14 TM S�CVWD REVISIONS 1/28/15 TM ©CVWD REVISIONS 5/1/15 SM Z�— — — SHEET NO: L 5003 k%o 4D i D r " �� c . • - -,• �� /fir/�'► "► �! ►+! � i � ► ,,"'�+,`.. TAMP + WATER -SETTLE WHILE PLANTING VARIES SEE HEIGHT 019 PALM 0 ROOT BALL 2 x DIA OF ROOT BALL NOTE: t ALL NATIVE TREES AND SHRUBS TO BE BACKFILLED WITH NATIVE SOIL ONLY. 2 SUB -TROPICAL TREES SHALL BE PLANTED WITH FERTILIZER TABLETS (SEE SPECS.) PALM TREE DETAIL r� •c r _I TRFr= TRUNK CiNCHTIES OR EOUAL AROUND TRUNK AND POLE WATER BASIN, FINISH GRADE urr ROOT BALL BACKFILL MIX. (SEE SPECS.) " UNDISTURBED NATIVE SOIL PLANT PIT 2 TIMES AS WIDE AS ROOT BALL PLANT PIT AS DEEP AS ROOT BALL NOTE: t ALL NATIVE TREES AND SHRUBS TO BE BACKFILLED WITH NATIVE SOIL ONLY. 2 SUB -TROPICAL TREES SHALL BE PLANTED WITH FERTILIZER TABLETS (SEE SPECS.) DOUBLE STAKE TREE DETAIL 247 + 36" BOX ��''i1 : • 9 PI PI r SHRUB PLANTING -I- VINE ESPALIER DETAIL PLANTING NOTES -I maivAmm FOR CLAIM OF READING, • BE ADJUSTED I • SSARY. I PLANT OUANTITY LISTPROVIDED FOR CONVENIENCE OF CONTACTOR/CLIENT ANr IS NOTINTENDED FOR ACCURATEBIDDING S THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING PLANTS AS INDICATED ON 3. MOUNDING • ROUGH GRADE TO TO BE PROVIDED OTHERS. GRADE • BE PROVIDED BY LANDSCAPECONTRACTOR 4 WHERE • OCCURSr . ♦ TO STREET OR WALKS, -WALES SHALL BE FORMED ALONG THE STREET OR WALK TO CONTROL IRRIGATION RUN OFF 5 BEFOFIE ANY PLANTS ARE LOCATED, ALL PLANTED AREAS ARE TO BE GRADED IN AN ACCEPTABLE • ASSURE POSITIVE DRAINAGE. HEADERBOARD AS SPECIFIED OR APPROVED BY LANDSCAPE ARCHITECT. 7 WHERE CIRCUMSTANCES PERMIT DO NOT PLANT TREES CLOSER THAN 6 (FIVE TO AN EDGEOF r -; • . -I• • - ROOFr WITHIN 6 OF -D -i (EDGE OF SIDEWALK, CURBS,ti HAVE - ROOT BARRIER fay AT TIME OF PER ' -I. SPEC119CATIONS EXCLUDINGPROJECTS IN PALM DESERT PER DIRECTIVE OF •. PALM DESERT LANDSCAPEr DETAIL) . r• NOT PLANT SHRUBS C•ti -, TO AN re OF OR HEADERBOARD OR 30' FROM LANDSCAPE LIGHT FIXTUREES 9. REMOVE ESPALIERED- • FRAMEWORKS ANR ATTACH TO THE WALL AGAINST WHICH THEY ARE PLANTED. ATTACH PLANTSPATTERN TRAINED 10. IF REOUIRED, THE OWNER OR OWNER'S REPRESENTATIVE SHALL SUBMIT PLANS TO THE APPROPRIATE PLANNING AND AGRICULTURE DEPARTMENTS PRIOR TO SUBMITTAL FOR BUILDING PERMITS tL BEFORE BACKFILLING THE ROOT BALL, WATER THE PLANT IN THE HOLE AND THEN PROCEED WITH :. « Im TREES, r r PERMANENT STRUCTURESOF r SHALL NOT BE RANTED, BUILT IN CVWD AND USBR EASEMENT •- RK)HT-OFWAY WITHOUrFIRSTOBTAINING AN ENCROACHMENTFROM • BOULDER 2/3 1/3 I NOTES: - BURY BOULDER A MINIMUM OF 1/3 ITS HEIGHT BELOW GRADE. - BOULDER SIZES TO BE APPROX. EQUAL IN ALL DIRECTIONS. - PLACE AS NEAR AS APPLICABLE TO PLAN, EXACT FINAL LOCATION TO BE FIELD VERIFIED BY LANDSCAPE ARCHITECT. 'DEEP ROOT OR EOUAL INSTALL PER MANUFACTURERS SPEC'S. LIGHTING NOTES FINISH GRADE 'sRAOF 1. ALL WORK AND MATERIALS SHALL CONFORM TO LOCAL CODES AND ARE SUBJECT TO APPROVAL BY THE LANDSCAPE ARCHITECT OR OTHER REPRESENTATIVE OF OWNER 2 ALL LIGHT FIXTURE LOCATIONS ARE SHOWN DIAGRAMMATICALLY ON THIS PLAN. ACTUAL LOCATIONS SHALL BE DETERMINED IN THE FIELD AND APPROVED BY THE LANDSCAPE ARCHITECT AFTER TREES HAVE BEEN PLANTED. 3.OUANTTPIES LISTED ARE FOR THE CONVENIENCE OF THE CONTRACTOR ONLY AND ARE NOT INTENDED FOR ACCURATE BIDDING USE. CONTRACTOR IS RESPONSIBLE FOR PROVIDING LIGHT AS INDICATED ON THE PLANS. 4. ALL LIGHT FIXTURES SHALL BE LOCATED AT A MINIMUM OF 6 (FIVE FEET) FROM POOL, SPA, LAKE OR FOUNTAIN EDGE ALL LIGHTS WHICH ARE INSTALLED WITHIN 10' (TEN FEET) OF WATERS EDGE TO HAVE GFI. 5. INSTALL CONVENIENCE OUTLETS AS LOW AS LOCAL CODES PERMIT. 6. INSTALL ELECTRICAL CONDUIT TO THE EDGE OF PLANTING ARES SO AS NOT TO INTERFERE WITH PLANT HOLE EXCAVATION. CONDUITS IN THE WAY OF THREE HOLES SHALL BE RELOCATED AT NO EXTRA CHARGE. 7. LIGHT FIXTURES ARE TO BE LOCATED NO CLOSER THAN 6' (SIX INCHES) FROM THE EDGE OF PAVING AND LAWN AREAS. & INSTALL PHOTOELECTRIC SWITCH WITH TIMER SHUT-OFF. MANUAL OVERRIDE SWITCH TO BE LOCATED PRIOR TO INSTALLATION. COORDINATE LOCATION OF SWITCHES WITH OWNER 9. ALL LIGHT FIXTURES TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS. 10. MOUNT FIXTURES AS LOW AS POSSIBLE; SCREEN (WHERE POSSIBLE) WITH PLANTING. 11. ALL CONDUIT TO BE SCH 40 PVC WITH GALVANIZED 90 RISERS. USE BELL S.P. GALVANIZED STEEL UL LISTED EXTERIOR BELOW GRADE JUNCTION BOXES, OR AS PER NEC SPECIFICATIONS. 12. ALL CIRCUITING, SWITCHING AND CONNECTIONS TO BE BY ELECTRICAL CONTACTOR LIGHTING PLAN INDICATES FIXTURE LOCATIONS ONLY AND IS NOT INTENDED TO BE AN ELECTRICAL PLAN. NOTE: NO PERMANENT STRUCTURES WITHIN CVWD EASEMENTS. CVWD WILL NOT BE RESPONSIBLE FOR REPLACING AND/OR MAINTAINING ANY DECORATIVE CONCRETE AND/OR LANDSCAPING INSTALLED OVER DOMESTIC WATER AND/OR SEWER LINES. CVWD LANDSCAPE APPROVAL These plans have been reviewed by the Coachella Valley Water District in A T E R accordance with California Governemnt Code, Section 65591 et seq. requiring efficient landscape and irrigation design in cooperation with the local governing agency (City or County). '01 S T R 1 C� Approval of this drawing by CVWD staff does not constitute approval to encroach into district and USBR Rights -of -Way. Trees, plans, walls, and permanent structures of any kind may not be planted or installed in CVWD and USBR easements or right-of-way without first obtaining an encroachment permit from CVWD. 5/ . Date L42295 CVWD Plan # LANDSCAPE ARCHITECTS, INC. 73061 EL PASEO, SUITE 210 PALM DESERT, CA 92260 (760) 568-3624 (760) 773-5615 FAX E-MAIL: rga•rga-pd.com SPECIFICATIONS SHEETM BOOK N PROJECT MANAGER: LT DRAWN: LT CHECKED: - PROJ. NO: R0712 DATE: 3/3/14 SCALE: 1"=20'-O" REVISIONS: CVM ztCO ME S 5115 NIT. SM O _ _ �- I SHEET NO: I CU x N N I x T 9 f ; morlwz+' �w SHADE AREA TAKEOFFS: PARKING AREA: 128,481 SF. SHADE AREA- 61,975 SF. 48.27. SHADED PARKING 1 ' �I &ANT-- P- NO RTH II I I �� alp SCALE: 1" = 20a_0„ I� I I jN I I► �I GRAPHIC SCALE O� I 60' 40' 20' 10, 0 II :� a IZ CVWD LANDSCAPE APPROVAL 110�These plans have been reviewed by the Coachella Valley Water District in _ — _ _ ,f P T E R accordance with California Governemnt Code, Section 65591 et seq. _ _ — — — — requiring_ l �1 requng efficient landscape and irrigation design cooperation with the � T TA,_, w -f— T — — — — — �� local governing agency (City or County). Ve. �S T R t C� Approval of this drawing by CVWD staff does not constitute approval to A63.46 �Y / t _ � � ` ` � �\ ' � � � 0 encroach into district and USBR Rights -of -Way. Trees, plans, walls, and NR—-'�_ ;� (7(F // permanent structures of any kind may not be planted or installed in CVWD vv ! and USBR easements or right-of-way without first obtaining an s I — — — — — — _ — — — — — — — — — — — — — — — — — — encroachment permit from CVWD. �. --------------------------- =�\� ,c I // � , I Date WATER I A GEMENT DEPARTM NT LANDSCAPE ARCHITECTS, INC. 73061 EL PASEO, SUITE 210 PALM DESERT, CA 92260 (760) 568-3624 (760) 773-5615 FAX E-MAIL: rgawrga-pd.c®m SPECIFICATIONS SHEET ■ BOOK ■ PROJECT MANAGER LT DRAWN LT CHECKED — PROJ. NO: R0712 DATES 3/3/14 SCALES 1'g20'-0' REVISIONS: NIT. SHEET NO: 4 ,t . O% 0%0%0% L9+44= ATTACHMENT 4 PROJECT RECORD DATE: PROJECT: PROJECT NO: SUBJECT: FROM: TO: C: January 26, 2017 Washington Park Phase 4 R0712 Landscape Site Walk — Out Parcel Landscape Tom Miller Jack Tarr, Jack Tarr Development Gabriel Perez, City of La Quinta Ron Gregory, RGA Landscape Architects, Inc. RGA LANDSCAPE ARC:HffK.TS, INC. RGA was asked to meet on site with the landscape maintenance contractor and Gabriel Perez an official from the City of La Quinta to review the out parcel area landscape on January 24t", 2017. During this site walk, Gabriel and I noted a handful of missing plants that needed replacement and some volunteer grasses that required removal. Upon completion of the above related items, RGA approves the landscape installation to be installed/ completed per the approved landscape plan. Please feel free to contact me if you have questions or wish to discuss these matters. Sincerely, RGA Landscape Architects, Inc. 1 Tom Miller Project Manager TM/bc Page 1 of 1 73061 El Paseo, Suite 210 • Palm Desert, CA 92260 9 760-568-3624 0 FAX 760-773-5615 • www.rga-pd.com CA Lic. #1532 • AZ Lic. #13754 • NV Lic. #94 I ;i"C` a�f Now .�