2017 SR Dev Co - Covenant re Landscaping + TrailsDocument-3 2492 5 7 -Page- 1
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
6981015610-0065
10789699.4 a04124/17
DOC # 2017-0189266
05/11/2017 10:11 AM Fees: $0.00
Page 1 of 35
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
"This document was electronically submitted
to the County of Riverside for recording"
Receipted by: KNOW #289
Spare Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code §6103
and §27383)
COVENANT AFFECTING REAL PROPERTY
(PERIMETER LANDSCAPING AND TRAILS)
BY AND BETWEEN
THE
CITY OF LA QUINTA
AND
SILVERROCK DEVELOPMENT COMPANY, LLC
about:blank 5/11/2017
COVENANT AFFECTING REAL PROPERTY (PERIMETER LANDSCAPING AND
TRAILS).......................................................................................................................2
RECITALS.. ................................. .................................................................................... 2
AGREEMENT... .............................................. ..................................................................... — 3
1.
GENERAL PROVISIONS............................................................................................. 3
1.1
Definitions................................................................................................3
1.2
Effective Date..........................................................................................
5
1.3
Amendment or Cancellation by Mutual Consent......................................5
1.4
Covenants Run With the Land; Expressed Condition in Grant
Deeds and Other Similar Instruments; Rights of Reverter or Re -
Entry........................................................................................................
5
1.5
Recording and Priority of Covenant.........................................................7
1.6
Covenant Parcels Free of Mechanic's Liens............................................7
2.
REQUIREMENT TO MAINTAIN LANDSCAPING AND TRAILS...................................7
2.1
Outer Perimeter....................................................................................... 7
2.2
Dedications and Improvements...............................................................8
3.
[RESERVED]...............................................................................................................8
4.
DEFAULT
AND REMEDIES.........................................................................................
8
4.1
City Rights...........................................................................................8
4.2
Notice and Cure of Default.......................................................................8
5.
MISCELLANEOUS.......................................................................................................8
5.1
Notices, Demands and Communications Between the Parties. ...............
8
5.2
Force Majeure..........................................................................................9
5.3
Binding Effect.........................................................................................10
5.4
Non -liability of City Officers and Employees..........................................10
5.5
Covenant Against Discrimination...........................................................10
5.6
Attorney's Fees and Costs for Prevailing Party......................................10
5.7
Severability............................................................................................10
5.8
Time.......................................................................................................10
5.9
Recitals & Exhibits Incorporated............................................................11
5.10
Authority to Execute; Representations and Warranties .........................11
5.11
City Approvals and Actions....................................................................11
5.12
Governing Law.......................................................................................11
5.13
Counterpart Signature Pages................................................................11
LIST OF EXHIBITS
A Site Plan of SilverRock Resort Area
B Parcel Map No. 37207
C Covenant Parcels Legal Descriptions
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COVENANT AFFECTING REAL PROPERTY
(PERIMETER LANDSCAPING AND TRAILS)
This COVENANT AFFECTING REAL PROPERTY (eERIMETER LANDSCAPING
AND TRAILS) (the "Covenant") is entered into as of the34 day of MBA Y , 2017
(the "Effective Date"), by and between the CITY OF LA QU'INTA, 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. City owns fee title to that certain real property located at the southwest
intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a
general depiction of which is the Site Map attached as Exhibit "A" and incorporated herein
(the "SilverRock Resort Area"). City and Developer entered into that certain Purchase,
Sale, and Development Agreement dated November 19, 2014 (the "Original PSDA"),
pursuant to which City agreed to sell to Developer specified "Planning Areas" (as defined
in the PSDA) in the SilverRock Resort Area, and Developer agreed to purchase from City
those specified "Planning Areas" to thereafter construct, complete, and operate thereon
a commercial project containing a luxury resort hotel and spa and associated branded
luxury residential units, a lifestyle hotel and associated lifestyle branded residential units,
a conference and shared service facility, a temporary and permanent clubhouse for the
SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort
residential village, and associated amenities, all as further described in the PSDA as the
"Project Components."
B. City and Developer entered into that certain Amendment No. 1 to Purchase,
Sale, and Development Agreement dated October 29, 2015 ("PSDA Amendment No. 1 ")
and Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18,
2017 ("PSDA Amendment No. 2"), to, among other things, update the Site Map and
various timeframes within the Original PSDA, including certain timeframes within the
Schedule of Performance. The Original PSDA, as modified by PSDA Amendment No. 1
and No. 2, and any other amendments thereto, is hereinafter referred to as the "PSDA."
C. The PSDA and SilverRock Resort Specific Plan ("Specific Plan"), among
other land use governing documents, permits, and entitlements, are centered around the
existing use and enjoyment, by residents, guests of the City, and members of the public,
of the SilverRock Resort's Arnold Palmer Classic Course (the "Golf Course") and
"Perimeter Landscaping and Trails" that surround the perimeter of the SilverRock Resort
Area.
D. Pursuant to the PSDA and other City permits and entitlements, Developer
is required to complete the construction, development, use, and operation of the
Perimeter Landscaping and Trails, as more particularly described in the PSDA.
E. City approved Tentative Parcel Map No. 37207, attached as Exhibit "B", and
incorporated herein (the "Parcel Map"), which, in accordance with the Subdivision Map
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Act, subdivided the SilverRock Resort Area in the following parcels that constitute the
"Future Resort Property" as defined in PSDA Amendment No. 2 and referred to in this
Covenant as the "Landscaping and Trails Parcels": Parcels 13, 14, 15, and 16. The
Landscaping and Trails Parcels are adjacent to Avenue 52, Jefferson Street, and Avenue
54, and more particularly described in the legal description attached hereto as part of
Exhibit "C" and incorporated herein. Similarly, the Parcel Map subdivided the following
parcels relating to access, maintenance, and operations of the Landscaping and Trails
Parcels: Parcels A, B, C, D, E, F, and G (collectively, the "Landscaping and Trails
Access/Operations Parcels"). The Landscaping and Trails Parcels and Landscaping
and Trails Access/Operations Parcels are collectively referred to herein as the "Covenant
Parcels" and are more particularly described in the legal descriptions attached hereto as
Exhibit "C' and incorporated herein (the "Covenant Parcel Legal Description(s)"). The
Covenant Parcels are burdened by this Covenant, serve as the "burdened estate" for
purposes of this Covenant, and subject to its terms and conditions, as more particularly
set forth herein.
F. City is the owner by dedication of those certain public streets located in the
City and known as Avenue 52 and Jefferson Street. The portions of said public streets
that are adjacent to the SilverRock Resort Area, as depicted on the Parcel Map, in
addition to any and all other real property owned by the City for public use (collectively,
the "City-Benefitted Property"), is benefited by this Covenant, and serves as the
"benefited estate" for purposes of this Covenant, and the terms and conditions, as more
particularly set forth herein.
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:
GENERAL PROVISIONS
1.1 Definitions. In addition to the terms that may be defined elsewhere in this
Covenant, the following terms when used in this Covenant shall be defined as follows:
1.1.1 "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.
1.1.2 "City Council" means the City Council of the City and the
legislative body of the City pursuant to California Government Code Section 65867.
1.1.3 "City Manager" means the individual duly appointed to the position
of City Manager of City, or his or her authorized designee.
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1.1.4 "City-Benefitted Property" shall have the meaning in Recital F of
this Covenant.
1.1.5 "Covenant" means this Covenant Affecting Real Property
(Perimeter Landscaping and Trails).
1.1.6 "Covenant Parcel(s)" shall have the meaning in Recital E of this
Covenant.
1.1.7 "Covenant Parcel Legal Description(s)" shall have the meaning
in Recital E of this Covenant.
1.1.8 "Developer" means SilverRock Development Company, LLC,
a Delaware limited liability company, and its successors and assigns.
1.1.9 "Effective Date" shall have the meaning set forth in Section 1.2 of
this Covenant.
1.1.10 "Landscaping and Trails Access/Operations Parcel(s)" shall
have the meaning in Recital E of this Covenant.
1.1.11 "Landscaping and Trails Parcels" shall have the meaning in
Recital E of this Covenant.
1.1.12 "Original PSDA" shall have the meaning in Recital A of this
Covenant.
1.1.13 "Parcel Map" means the parcel map identified in Recital E of this
Covenant.
1.1.14 "Parties" means collectively Developer and City, and their
respective successors and assigns. Each may be referred to in the singular as a "Party".
1.1.15 "Planning Area" means an area designated on the Site Map as a
planning area.
the PSDA.
1.1.16 "Project Component" shall have the same meaning as defined in
1.1.17 "PSDA" shall have the meaning in Recital B of this Covenant.
1.1.18 "PSDA Amendment No. 1" shall have the meaning in Recital B of
this Covenant.
1.1.19 "PSDA Amendment No. 2" shall have the meaning in Recital B of
this Covenant.
1.1.20 "Recorder's Office" means the Riverside County, California,
Office of Official Records.
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1.1.21 "RGC" means The Robert Green Company, a California
corporation.
1.1.22 "SilverRock Resort Area" has the same meaning in the PSDA,
which refers to the approximately 145525 acres of real property located at the southwest
intersection of Jefferson Street and Avenue 52 in the City of La Quinta, California 92253,
depicted in the Site Map attached hereto as Exhibit "A".
1.1.23 "Site Map" means the map of the SilverRock Resort Area, which
is attached hereto as Exhibit "A" 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,1013, 11, and 12.
1.1.24 "Specific Plan" means the SilverRock Resort Specific Plan,
approved by the City Council of City on July 18, 2006, as may be amended from time to
time.
1.2 Effective Date.
This Covenant shall be effective and of full force and effect upon complete
execution by the Parties, which shall be inserted in the preamble, and shall be perfected
as binding against any and all owners of the Covenant Parcels upon recording in the
Recorder's Office.
1.3 Amendment or Cancellation by Mutual Consent.
Except as expressly allowed herein, this Covenant shall not be amended or
canceled in whole or in part without the prior written consent of the City, and, except when
the City Manager may amend this Covenant as expressly allowed herein, any cancellation
or amendment of this Covenant shall require the approval of the City Council by not less
than a majority vote of the total membership.
1.4 Covenants Run With the Land: Expressed Condition in Grant Deeds and
Other Similar Instruments: Rights of Reverter or Re -Ent .
In any grant deed or other instrument conveying any right, title, or interest in any
or all of the Covenant Parcels (or portion thereof) from the grantor (including the City) to
the grantee (including Developer), words shall be included in such grant deed or other
instrument signifying that such right, title, or interest, and any such estate created by such
conveyance, shall be subject to the terms and conditions of this Covenant. Furthermore,
such grant deed or other instrument shall expressly condition that the City, and its heirs
and assigns, shall have a right or reverter and/or right to re-enter any or all Covenant
Parcels upon their ceasing to be used for the Landscaping and Trails, pursuant to the
terms and conditions of this Covenant.
This Covenant is intended to be and shall be construed as a restrictive covenant
that limits, restricts, and burdens the use of the Covenant Parcels. The City, as owner in
fee of the Covenant Parcels, hereby declares that this Covenant, and the covenants,
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conditions, and restrictions of use on the Covenant Parcels as set forth herein, is intended
to and shall run with the land in perpetuity, and each and every successor of the City that
has any ownership interest or right of ownership interest in the Covenant Parcels (or
portions thereof), including Developer, shall be subject to this Covenant, which is intended
to be and shall be construed as placing a reasonable burden on the use of the Covenant
Parcels, which, among other provisions, were developed for use and enjoyment with
Landscaping and Trails uses, as more particularly described in this Covenant. To the
maximum extent permitted by law, this Covenant shall be construed as an expressed,
valid, and enforceable deed restriction, restrictive covenant, or other similarly described
encumbrance that runs with the Covenant Parcels. This Covenant shall be binding upon
any person or entity that acquires any right, title, or interest in or to any portion or all of
the Covenant Parcels.
Furthermore, this Covenant is designed to create equitable servitudes and
covenants running with the land, in accordance with the provisions of Civil Code Section
1468. The covenants, conditions, restrictions, reservations, equitable servitudes, liens,
and charges set forth herein shall run with the Covenant Parcels, as the "burdened
property," and shall be binding upon all persons or entities having any right, title or interest
in the Covenant Parcels (or portion thereof) and their heirs, successive owners and
assigns, and shall be binding upon the Developer, and its successors and assigns.
Furthermore, the covenants, conditions, restrictions, reservations, equitable servitudes,
liens, and charges set forth herein shall run with the City-Benefitted Property, as the
"benefitted property," and shall inure to the benefit of the City and its successors and
assigns, and may be enforced by the City and its successors and assigns. The Developer
hereby declares its understanding and intent that the burden of the covenants set forth
herein touch and concern the land and that the Developer's interest in the Covenant
Parcels is rendered less valuable thereby. The Developer hereby further declares its
understanding and intent that the benefit of such covenants touch and concern the land
by enhancing and increasing the enjoyment and use of the Covenant Parcels and by
furthering public purposes for the City.
In amplification and not in restriction of the provisions hereinabove, it is intended
and agreed that the City is deemed a beneficiary of the covenants provided herein both
for and in its own right and also for the purposes of protecting the interests of the
community. All covenants without regard to technical classification or designation shall
be binding for the benefit of the City and such covenants shall run in favor of the City,
without regard to whether the City is or remains the owner of the City-Benefitted Property
or of any land or interest therein to which such covenants relate. However, all such
covenants and restrictions shall be deemed to run in favor of all real property owned by
the City, which real property shall be deemed the benefited property of such covenants.
The City shall have the right, in the event of any breach of this Covenant, to exercise all
rights and remedies, and to maintain any action at law or in equity or other proper
proceeding to enforce the curing of such breach of this Covenant.
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1.5 Recording and Priority of Covenant.
Upon complete execution and notarizing of this Covenant, the City shall cause to
be recorded in the Recorder's Office this Covenant. The Covenant shall be recorded
against each and every one of the Covenant Parcels and the City-Benefitted Property.
This Covenant shall be recorded prior to the recording of any grant deed, including the
"Grant Deed" as defined in the PSDA, or any other instrument conveying any right, title,
or interest to any of the Covenant Parcels (or portions thereof) from the City, and this
Covenant shall have priority over and shall not be made subordinate to any mortgage,
deed of trust, or other encumbrance recorded against the Covenant Parcels.
1.6 Covenant Parcels Free of Mechanic's Liens.
The owner of the Covenant Parcels (or any portion thereof) shall pay when due all
claims for labor performed and materials furnished in connection with the Covenant
Parcels. No mechanics', materialmen's or other professional services liens (as contrasted
with consensual monetary liens such as construction and/or permanent financing
approved by the City and subject to this Covenant) shall be permitted against the
Covenant Parcels (or any portion thereof) for any work done or materials furnished in
connection with the performance of any contractor or construction work to be completed
on the Covenant Parcels; provided, however, that the owner of the Covenant Parcels (or
portion thereof) may contest the validity of any such lien, but upon a final determination
of the validity thereof, the owner of the Covenant Parcels (or portion thereof) subject to
such a lien shall cause the lien to be satisfied and released of record. The owner of the
Covenant Parcels (or portion thereof) shall, within thirty (30) days after receipt of written
notice of any encumbrance by any such lien or claim of lien, (i) cause any such
outstanding lien or claim of lien to be released of record or transferred to bond in
accordance with applicable law, or (ii) give such assurance as would enable a title
insurance company to insure over such lien or claim of lien.
2. REQUIREMENT TO MAINTAIN LANDSCAPING AND TRAILS
2.1 Outer Perimeter.
Subject to the terms and conditions in the PSDA, the perimeter of the Landscaping
and Trails Parcels along Avenue 52, Jefferson Street, and Avenue 54, shall remain open
and available for public use as pedestrian trails and with landscaping, which all shall be
maintained in a first-class condition, and other uses that are consistent with the
SilverRock Resort Area, the Specific Plan, and other permits and entitlements that further
the first-class experience at the SilverRock Resort. Absent another agreement approved
by the City, the "perimeter of the Landscaping and Trails Parcels" means approximately
sixty (60) feet street curb onto the respective Landscaping and Trails Parcel, and such
other areas on the Landscaping and Trails Parcels that have pedestrian trails and
landscaping consistent with the Specific Plan and other permits and entitlements for the
development and use of the Landscaping and Trails Parcels.
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2.2 Dedications and Improvements.
Nothing in this Covenant shall release or relieve Developer from making any offers
of dedications to the City or other applicable public agency, or complete those public
improvements in connection with the development of the SilverRock Resort Area, as may
be required by any conditions of approval, the Parcel Map, or any other requirement
imposed by the City.
3. [RESERVEDI
4. DEFAULT AND REMEDIES.
4.1 City Rights.
In the event of failure by Developer or any successor in interest that has any
ownership interest in the Covenant Parcels (or any portion thereof) to perform any
material term or provision of this Covenant, the City shall have those rights and remedies
provided in this Covenant and shall have any and all rights and remedies available at law
or in equity, including but not limited to immediate and permanent injunctive relief.
4.2 Notice and Cure of Default.
Upon the receipt of the notice of default by the City, the 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 after receipt of the notice
of default, or, for such defaults that cannot reasonably be cured, corrected or remedied
within ten (10) days, such Party shall commence to cure, correct, or remedy such default
within such ten (10) day period, and shall continuously and diligently prosecute such cure,
correction or remedy to completion, provided that such cure, correction or remedy is
completed with sixty (60) days of the notice of default.
5. MISCELLANEOUS
5.1 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 Covenant must be in writing
and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -
day or overnight messenger service that provides a receipt showing date and time of
delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt
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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: City Manager
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 The Robert Green Company
3551 Fortuna Ranch Road
Encinitas, California 92024
Attn: Robert Green
With a copy to: Clinton L. Blain, Attorney at Law
3990 Old Town Avenue, Suite B-101
San Diego, California 92110
Phone: 619-584-1600
Attention: Clinton Blain, Esq.
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.
5.2 Force Maieure.
Performance by a Party hereunder or any successor in interest to the Covenant
Parcels (or portion thereof) shall not be deemed to be in default, and all performance and
other dates specified in this Covenant 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 prohibiting the use of
the Covenant Parcels as specified in this Covenant; unusually severe weather; inability
to secure labor, materials or tools necessary for the operation of the uses specified in this
Covenant; and delays of any contractor, subcontractor or supplier that are not attributable
to the owner of the Landscaping and Trails Parcels. Notwithstanding anything to the
contrary in this Covenant, 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.
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5.3 Binding Effect.
This Covenant, and all of the terms and conditions hereof, shall be binding upon
and inure to the benefit of the City, any subsequent owner of all or any portion of the
Covenant Parcels, and their respective assigns, heirs or successors in interest, whether
or not any reference to this Covenant is contained in the instrument by which such person
acquired an interest in the Covenant Parcels.
5.4 „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 for any loss, costs, damage, claim, liability, or
judgment, arising out of or connection to this Covenant, or for any act or omission on the
part of City.
5.5 Covenant A ainst Discrimination.
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 Covenant.
Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101, et seq.).
5.6 Attorney's Fees and Costs for Prevailing -Party.
If there is an action against one Party by reason of the default of any term or
condition in this Covenant, or otherwise arising out of this Covenant, the unsuccessful
Party shall pay to the prevailing party its attorney's fees and costs, which shall be payable
whether or not such action is prosecuted to judgment, and shall include fees and costs of
appeal, if any. The term "prevailing party" shall include, without limitation, a party who
obtains substantially the relief sought whether by compromise, settlement or judgment.
5.7 Severabilify.
If any term or condition of this Covenant is held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remaining provisions of this Covenant shall
continue in full force and effect, to the extent that the invalidity or unenforceability does
not impair the application of this Covenant to maintain the Landscaping and Trails uses,
and related uses, as provided herein.
5.8 Time.
Time is of the essence in the performance of this Covenant and of each and every
term and condition hereof as to which time is an element.
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5.9 Recitals & Exhibits Incorporated.
The Recitals to this Covenant and all of the exhibits and attachments to this
Covenant are, by this reference, incorporated into this Covenant and made a part hereof.
5.10 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 Covenant, (iii) by so executing this Covenant,
Developer is formally bound to the provisions of this Covenant, (iv) Developer's entering
into and performance of its obligations set forth in this Covenant 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
Covenant.
5.11 City Approvals and Actions.
Whenever a reference is made in this Covenant to an action or approval to be
undertaken by the City, the City Manager or his or her authorized designee is authorized
to act on behalf of the City unless this Covenant specifically provides otherwise, including
but not limited to provisions in this Covenant when the City Council must review and take
action, or the law requires otherwise. The City Manager or his or her authorized designee
shall have the authority to implement this Covenant, including the authority to negotiate
and sign on behalf of the City implementing agreements and other documents, so long
as the substantive provisions of this Covenant are maintained. Nothing in this paragraph
prevents or shall be construed as preventing the City Manager from taking any review,
approval request, or other action relating to this Covenant to the City Council for its review
and action.
5.12 Governing Law.
The internal laws of the State of California shall govern the interpretation and
enforcement of this Covenant without regard to conflicts of law principles. Any action at
law or in equity brought by for the purpose of enforcing, construing, or interpreting the
validity of this Covenant 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.
5.13 Counterpart Signature Pages.
For convenience the Parties may execute and acknowledge this Covenant in
counterparts and when the separate signature pages are attached hereto, shall constitute
one and the same complete Covenant.
[end — signature page follows]
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IN WITNESS WHEREOF, Developer and City have executed this Covenant as of
the Reference Date.
Date:, -
Date:
q 2b
4r Z f
2017
"DEVELOPER"
SILVERROCK DEVELOPMENT COMPANY,
LLC, a Delaware limited liability company
By: RGC La Quinta II, 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
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
[Signatures continued on next page]
698/015610-0065
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"CITY"
CITY OF LA QUINTA, a California municipal
corporakpN and charter city
Date:-Ag A --E 2017 By
6 �0- Jff —ra n � J. sp�`�v
ATTEST: i,
Lv, �
Susan Maysels, City C rk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
liam H. Ihrke, City Attorney
698/015610-0065
10789699.4 a04/24/17 -1 3-
A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached, and not the truthfulness, accuracy, or validity of
STATE OF CALIFORNIA
COUNTY OF $d,✓ .471E610
On q- Z9-1 7 , before me, I?OAI 7. ,10-7A�ey All' do
Notary Public, personally appeared RP131---ILT S 4�-IP62AI 112--
who proved to me on the basis of satisfactory evidence to be the person(ji whose
name() &ams subscribed to the within instrument and acknowledged to me that
executed the same in ii IW4#�9* authorized capacity(ipsT and that by
&AieTftfte1r signatureK 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.
Name: koff _
Notary Public
R 0 N J. SEGAL
Commission # 2098015
z s`i Notary Public - California Z
z�'��
r San Diego County �
} My Comm Expires, FAb 21, 20191i
L
698/015610-0065
10789699-4 a04/24/17 -1 4-
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document, to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document
State of California
County of Riverside
On 2017 before me, TERESA THOMPSON, Notary Public, personally
appeared ANK 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.
TERESA THOMPSON
WITNESS m hand and official seal.
Y
'`:. commission # 2030796
- k
"��a Notary Public - California Z
z ^
a• ' ' Riverside County
My Comm. Expires Jun 24, 2017
Signature
(seal)
DOCUMENT:
COVENANT AFFECTING REAL PROPERTY (PERIMETER LANDSCAPING AND TRAILS)
between City of La Quinta and SilverRock Development Company, LLC re
property (Parcel Map 37207)
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EXHIBIT "C"
TO COVENANT AFFECTING REAL PROPERTY
(PERIMETER LANDSCAPING AND TRAILS)
LEGAL DESCRIPTIONS OF PARCELS
Page 1 of 1
LANDSCAPING AND TRAILS PARCELS &
LANDSCAPING AND TRAILS ACCESS ! OPERATIONS PARCELS:
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino
Meridian, in the City of Lp Quinta, County of Riverside, State of California, described as
follows:
Parcels 13, 14, 15, and 16, and Parcels A, B, C, D, E, F, and G of Parcel Map No.
37207 per map filed in Book 242, Pages 72 through 87 inclusive, of Parcel Maps, in
the office of the County Recorder of Riverside County, State of California.
This legal description was prepared by me or under my directions in conformance with
the requirements of the Professional Land Surveyors Act.
Christopher L. Alberts, P.L.S. 8508
Date: /W 9 1q)/