2017 SR Dev Co - Covenant re Golf Course UseDocument-3241773 -Page-1
Page 1 of 1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
698/015610-0065
10768446.7 a04/25/17
DOC # 2017-0189004
05/11/2017 08:59 AM Fees: $0.00
Page 1 of 48
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: KIYOMI #289
R
A
Exam:
Page
DA
PCOR
Misc
Long
RFD
1st Pg
Adtl PS
Cert
CC
0
SIZE
NCOR'
SMF
NCHG
it
Space Above This Line for Recordef"s Use —
(Exempt from Recording Fee per Gov't Code §6103
and §27383)
COVENANT AFFECTING REAL PROPERTY
(GOLF COURSE USE)
BY AND BETWEEN
THE
CITY OF LA QUINTA
AND
SILVERROCK DEVELOPMENT COMPANY, LLC
about:blank 5/11/2017
TABLE OF CONTENTS
Page
COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE)............ ............................. l
RECITALS........................................................................................................................ .................... 1
AGREEMENT...................................................................................................................................... 2
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 of Golf Course
Use in Grant Deeds and Other Similar Instruments; Rights of
Reverter or Re -Entry ..........................................................................................6
1.5 Recording and Priority of Covenant................................................................7
1.6 Covenant Parcels Free of Mechanic's Liens.................................................7
2. USE GOLF COURSE AND ANCILLARY ACCESS AND MAINTENANCE ...................... 8
2.1 Golf Course Parcels...........................................................................................8
2.2 Golf Course Access/Operations Parcels........................................................9
2.3 Luxury Hotel Parcels..........................................................................................9
2.4 Dedications and Improvements.......................................................................9
3. RESIDENT ACCESS AND USE OF THE GOLF COURSE ................................................ 9
3.1
Resident Access Cards for Qualifying Persons............................................9
3.2
Terms and Conditions of Use; Revocable License.....................................10
3.3
Obligation to Honor Valid Resident Access Cards.....................................11
3.4
Minimum Privileges Granted to Valid Resident Access Card
Holders...............................................................................................................11
3.5
Collection and Receipt of Resident Rate Charges.....................................13
3.6
Additional Privileges Permissible to Resident Access Card Holders......,
13
4. DEFAULT AND REMEDIES................................................................................................... 13
4.1 City Rights.........................................................................................................13
4.2 Notice and Cure of Default.............................................................................14
5. MISCELLANEOUS................................................................................................................... 14
5.1 Notices, Demands and Communications Between the Parties................14
5.2 Force Majeure...................................................................................................15
5.3 Binding Effect....................................................................................................15
5.4 Third Party Beneficiaries.................................................................................15
5.5 Non -liability of City Officers and Employees................................................15
5.6 Covenant Against Discrimination...................................................................16
5.7 Attorney's Fees and Costs for Prevailing Party...........................................16
5.8 Severability........................................................................................................16
5.9 Time....................................................................................................................16
698/015610-0065
10768446.7 a04/25/17 -�-
TABLE OF CONTENTS
Paqe
5.10
Recitals & Exhibits Incorporated....................................................................16
5.11
Authority to Execute; Representations and Warranties .............................16
5.12
City Approvals and Actions.............................................................................17
5.13
Future Golf Covenant......................................................................................17
Pursuant to PSDA Amendment No. 2, Developer has an option to
purchase the Driving Range/Golf Course Parcels (which parcels
are referred to in PSDA Amendment No. 2 as the "Future Resort
Property") (the "Future Resort Property Option")........................................17
5.14
Governing Law..................................................................................................17
5.15
Counterpart Signature Pages.........................................................................18
LIST OF EXHIBITS
A Site Plan of SilverRock Resort Area
B Parcel Map No. 37207
C Covenant Parcels Legal Descriptions
D Tee Time Block Schedule Example
698/015610-0065
10768446.7 a04/25/17
COVENANT AFFECTING REAL PROPERTY
(GOLF COURSE USE)
This COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) (the
"Covenant") is entered into as of the 3 &A clay of HjkY , 2017 (the "Effective
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. 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 that
term is 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").
D. Pursuant to the PSDA and other City permits and entitlements, Developer
is required to complete a realignment of the Golf Course so that the construction,
development, use, and operation of all "Project Components" (as that term is defined in
the PSDA) may be realized (the "Golf Course Realignment").
E. On April 18, 2017, City approved Tentative Parcel Map No. 37207, attached
as Exhibit "B and incorporated herein (the "Parcel Map"), which, in accordance with the
Subdivision Map Act, subdivided the SilverRock Resort Area into the following parcels
698/015610-0065
10768446.7 a04/25/17 " 1 _
that constitute the Golf Course, an appurtenant maintenance yard, the future "Permanent
Golf Clubhouse" (as that term is defined in the PSDA), a future driving range, and a future
golf course: (i) Parcels 17, 18, 19, and 20 constitute the Golf Course, and are collectively
referred to herein as the "Golf Course Parcels"; (ii) Parcels A, B, C, D, E, F, and G
constitute access, operations, and maintenance parcels related to the Golf Course, and
are collectively referred to herein as the "Golf Course Access/Operations Parcels"; (iii)
Parcel 8 will constitute the Permanent Golf Clubhouse, and is referred to herein as the
"Permanent Golf Clubhouse Parcel"; and (iv) portions of Parcels 13, 14, 15, and 16 will
constitute a future driving range and a future golf course, and are collectively referred to
as the "Driving Range/Golf Course Parcels". Similarly, the Parcel Map subdivided
Parcels 3 and 4 as the parcels for the location of the "Luxury Hotel' (as that term is defined
in the PSDA) once the Golf Course Realignment is completed, but as of the Effective
Date of this Covenant serves as a parcel for the Golf Course (the "Luxury Hotel
Parcels"). The Golf Course Parcels, Golf Course Access/Operations Parcels, Permanent
Golf Clubhouse Parcel, Driving Range/Golf Course Parcels, and Luxury Hotel 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 Parcels Legal Descriptions"). The Covenant Parcels are burdened by
this Covenant, serve as the "burdened estate" for purposes of this Covenant, and are
subject to its terms and conditions, as more particularly set forth herein.
F. This Covenant is being recorded to, among other things, ensure that the
Golf Course Parcels are maintained and used solely as a first-class golf course that is
open to the public, and that residents of the City retain the same quality and level of
access to the Golf Course that they have as of the Effective Date of this Covenant which,
generally, is one-third (1/3) of all tee times from the time the Golf Course opens until 1:00-
p.m., which is approximately 15,000 rounds of golf, all as more specifically set forth in this
Covenant.
G. 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:
698/015610-0065
10768446 7 a04/25/17 -2-
1. 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-Benefitted Property" shall have the meaning in Recital G of
this Covenant.
1.1.3 "City Council" means the City Council of the City and the
legislative body of the City pursuant to California Government Code Section 65867.
1.1.4 "City Manager" means the individual duly appointed to the position
of City Manager of City, or his or her authorized designee.
1.1.5 "Covenant" means this Covenant Affecting Real Property (Golf
Course Use).
1.1.6 "Covenant Parcels" shall have the meaning in Recital E of this
Covenant.
1.1.7 "Covenant Parcels Legal Descriptions" shall have the meaning
in Recital E of this Covenant.
1.1.8 "Daily Resident Rate Cap" shall have the meaning set forth in
Section 3.4.2(B) of this Covenant.
1.1.9 "Developer" means SilverRock Development Company, LLC,
a Delaware limited liability company, and its successors and assigns.
1.1.10 "Driving Range/Golf Course Parcels" shall have the meaning set
forth in Recital E of this Covenant.
1.1.11 "Effective Date" shall have the meaning set forth in Section 1.2 of
this Covenant.
1.1.12 "Golf Course" means the SilverRock Resort's Arnold Palmer
Classic Course and all operations related thereto, in its current location, as of the Effective
Date of this Covenant, subject to reconfiguring and realignment pursuant to the Golf
Course Realignment and any other reconfiguring approved by the City from time to time.
1.1.13 "Golf Course Access/Operations Parcels" shall have the
meaning in Recital E of this Covenant.
698/015610-0065
10768446.7 a04/25/17 -3-
1.1.14 "Golf Course Parcels" shall have the meaning in Recital E of this
Covenant.
1.1.15 "Golf Course Realignment" shall have the meaning in Recital D
of this Covenant.
1.1.16 "Luxury Hotel Parcels" shall have the meaning in Recital E of this
Covenant.
1.1.17 "Original PSDA" shall have the meaning in Recital A of this
Covenant.
1.1.18 "Parcel Map" means the parcel map identified in Recital E of this
Covenant.
1.1.19 "Parties" means collectively Developer and City, and their
respective successors and assigns. Each may be referred to in the singular as a "Party".
1.1.20 "Permanent Golf Clubhouse Parcel" shall have the meaning in
Recital E of this Covenant
1.1.21 "Planning Area" means an area designated on the Site Map as a
planning area.
the PSDA.
1.1.22 "Project Component" shall have the same meaning as defined in
1.1.23 "PSDA" shall have the meaning in Recital B of this Covenant.
1.1.24 "PSDA Amendment No. 1" shall have the meaning in Recital B of
this Covenant.
1.1.25 "PSDA Amendment No. 2" shall have the meaning in Recital B of
this Covenant.
1.1.26 "Recorder's Office" means the Riverside County, California,
Office of Official Records.
1.1.27 "Resident Access Card(s)" means cards issued by the City to
qualifying persons, based on establishing a residence in the City among other criteria as
the City may establish from time to time, that grant such cardholders preferred rates of
play and scheduling of tee times at the Golf Course.
1.1.28 "Resident Base Rate" means the rate charged to a holder of a
valid Resident Access Card for each round of golf played at the Golf Course as either
(i) the rate set by the City Council for so long as the City owns the Golf Course Parcels,
or (ii) the rate set by the City Council as of the date of the conveyance of any right, title
698!015610-0065
10768446 7 x04?25I17 -4-
or interest in the Golf Course Parcels to Developer or any other third party that is not the
City or City -affiliated agency.
1.1.29 "Resident Rate" means the rate charged to each holder of a valid
Resident Access Card for each round of golf played at the Golf Course, as further
governed under Section 3.4.2 of this Covenant.
1.1.30 "Resident Rate Annual Percentage Increase" shall have the
meaning set forth in Section 3.4.2(C) of this Covenant.
1.1.31 "Resident Rate Ten -Year Adjustment" shall have the meaning
set forth in Section 3.4.2(D) of this Covenant
1.1.32 "RGC" means The Robert Green Company, a California
corporation.
1.1.33 "SilverRock Resort Area" has the same meaning in the PSDA,
which refers to the approximately 525 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".
1.1.34 "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.
1.1.35 "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.
1.1.36 "Tee Time Block Schedule Example" shall have the meaning in
Section 3.4.1 of this Covenant, and as depicted in Exhibit "D" attached hereto.
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.
698/015610-0065
10768446 7 a04/25/17 -5-
1.4 Covenants Run With the Land; Expressed Condition of Golf Course U
Grant Deeds and Other Similar Instruments- Rights of Reverter or Re -
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 a golf course 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,
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 as the
Golf Course and subject to use restrictions based on the funding source for the
development of the Golf Course. 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.
698/015610-0065
10768446.7 a04/25/17 -6-
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.
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 a
"Grant Deed" (as that term is 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.
698/015610-0065
10768446.7 a04/25/17 -7-
2. USE GOLF COURSE AND ANCILLARY ACCESS AND MAINTENANCE
2.1 Golf Course Parcels.
The Golf Course Parcels shall be used as a golf course with allowance for
appurtenant maintenance yard and facilities, and related golf course amenities, according
to the following:
(A) The Golf Course shall be open and available for play as
was customarily the practice as of the Effective Date of this Covenant. In
explanation of the preceding sentence, the hours of operation, closures for routine
maintenance, and other factors relating to the services and operations provided,
while the Golf Course was open and while it was closed, shall be similar to the
practices used annually and regularly, before the Effective Date of this Covenant.
(B) The Golf Course at all times shall be of the caliber,
reputation, difficulty, design (including the allowable Golf Course Realignment
design), maintenance, and general "golf experience" that the Golf Course has as of
the Effective Date of this Covenant. The Golf Course shall maintain a designation
as an "Arnold Palmer" (or successor name/similar caliber designation) golf course.
(C) The Golf Course Parcels shall be available for use and
enjoyment by City residents and the general public pursuant to the terms and
conditions of this Covenant, and any other applicable laws, the PSDA, and any and
all City permits, licenses, and other agreements relating to the Golf Course.
(D) The maintenance yard and facilities shall be and remain
on Parcel 20 as shown on the Parcel Map.
(E) The Golf Course shall be open and available for use on
such days and times as generally were in practice as of the Effective Date of this
Covenant.
(F) The Golf Course shall have a clubhouse that shall be
open to the public. The clubhouse shall have at a minimum the same services and
operations (such as food and beverage services, golf equipment and clothing, golf
carts, and other similar amenities customarily available at a first-class golf course
and resort) as were available as of the Effective Date of this Covenant. The
clubhouse may be either a temporary or permanent clubhouse, provided the
clubhouse is constructed, operated, and maintained in accordance with all
applicable laws, the PSDA, and any and all City permits, licenses, and other
agreements relating to the clubhouse. The clubhouse may be on a parcel that is
located adjacent to one of the Golf Course Parcels, provided the clubhouse location
is approved in accordance with all applicable laws, the PSDA, and any and all City
permits, licenses, and other agreements relating to the clubhouse.
698/015610-0065 10768446.7 a04/25/17 -8-
2.2 Golf Course Access/O erations Parcels.
The Golf Course Access/Operations Parcels shall be used and be available for
use in the same manner as they were used and available for use as of the Effective Date
of this Covenant, according to the following:
(A) The Golf Course Parcels shall have access (vehicular
and pedestrian ingress and egress) from the public street segments comprising a
portion of the City-Benefitted Property at all times on, over, and through some or all
of Golf Course Access/Operations Parcels; provided, however, such access may
be modified pursuant to a subdivision map or other City action, pursuant to any
applicable law, that maintains access to the Golf Course Parcels from the public
street segments comprising a portion of the City-Benefitted Property.
(B) The Golf Course Access/Operations Parcels shall allow
access to the Golf Course for City residents, City officials and employees, and any
and all other persons and members of the general public.
2.3 Luxu Hotel Parcels.
The Luxury Hotel Parcels shall be used as part of the Golf Course unless the City
conveys the right, title and interest in the Luxury Hotel Parcels to Developer, in which
case the Luxury Hotel Parcels shall not be required to be used as part of the Golf Course
as long as the Developer uses the Luxury Hotel Parcels in furtherance of the Golf Course
Realignment and the development of the Luxury Hotel thereon, pursuant to the PSDA.
Upon the completion of construction of the Luxury Hotel, as evidenced by the Release of
Construction Covenants for the Luxury Hotel Component as provided in the PSDA, this
Covenant shall no longer apply or be of force and effect against the Luxury Hotel Parcels.
2.4 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, RESIDENT ACCESS AND USE OF THE GOLF COURSE
3.1 Resident Access Cards for Qualifying_ Persons.
The City shall provide a process and program available to qualifying persons to
apply for and receive Resident Access Cards. The City may contract with Developer or a
third party operator of the Golf Course for the administration of the Resident Access Card
process and program. The City shall establish eligibility requirements, which may be
modified from time to time in the City's reasonable discretion and subject to the terms and
conditions of this Covenant, under which the City shall administer and issue to qualifying
persons the Resident Access Cards. The eligibility requirements shall be the same as
-9-
were in place as of the Effective Date of this Covenant unless the City modifies those
requirements pursuant to this Covenant. Eligibility requirements applicable to all Resident
Access Cards, which may be modified by the City, include but are not limited to:
(A) Reasonable methods to prove and verify residency in
the City, such as a requirement that an applicant for a Resident Access Card
provide to the City a property tax bill or residential lease with the applicant's name
on that property tax bill or residential lease.
(B) A minimum period during which an applicant for a
Resident Access Card must be physically present in the City at a residence in the
City, such as a requirement that an applicant is or plans to be physically present in
the City for at least six months of each year.
3.2 Terms and Conditions of Use; Revocable License..
All Resident Access Cards shall be a license subject to revocation pursuant to
terms and conditions established from time to time in the City's reasonable discretion and
subject to the terms and condition of this Covenant. The terms and conditions attached
to all currently issued Resident Access Cards as of the Effective Date of this Covenant
shall be the same as were in place as of the Effective Date of this Covenant, and the
terms and conditions for all Resident Access Cards applied for and issued after the
Effective Date of this Covenant shall be the same as were in place as of the Effective
Date of this Covenant unless the City modifies those requirements pursuant to this
Covenant. Terms and conditions applicable to all Resident Access Cards, which may be
modified from time to time by the City, shall include:
(A) The period for which a Resident Access Card remains
valid, which shall be three (3) years from date of issuance.
(B) The cost to purchase a Resident Access Card, which,
as of the Effective Date of this Covenant, is One Hundred Fifty Dollars ($150). The
cost to purchase a Resident Access Card may increase no more than Ten Dollars
($10) per calendar year, commencing in the year of the Effective Date of this
Covenant; provided, however, that the cost to purchase a Resident Access Card
shall not exceed One Hundred Eighty Dollars ($180) for a three (3) year term unless
an increase from the $180-cap is approved by the City Council.
(C) If the City conveys all right, title, and interest in the Golf
Course Parcels to Developer or any successor in interest, the City Council may not
impose a cost to purchase a Resident Access Card that is less than One Hundred
Fifty Dollars ($150) without the expressed prior written approval of the owner of the
Golf Course Parcels (or any third party operator of the Golf Course contracted for
the administration of the Resident Access Card process and program).
698/015610-0065
10768446.7 a04/25/17 -1 0-
3.3 Obligation to Honor Valid Resident Access Cards.
The owner of the Golf Course Parcels, including Developer and any successor in
interest, shall honor any valid Resident Access Card and, at a minimum, shall honor the
privileges set forth in this Covenant to any qualifying person holding a valid Resident
Access Card.
3.4 Minimum Privileges Granted to Valid Resident Access Card Holders.
If the City owns the Golf Course Parcels, the minimum privileges established by
the City as of the Effective Date of this Covenant shall apply to each qualifying person
who holds a valid Resident Access Card. If the City is not the owner of the Golf Course
Parcels, then each qualifying person who holds a valid Resident Access Card shall have
the following privileges available for use and enjoyment of the Golf Course:
3.4.1 Booking Tee Times. Until such time as City is no longer the owner
of the Golf Course Parcels, either of the processes set forth in paragraphs (A) and (B)
below shall be available to a holder of a valid Resident Access Card when booking a tee
time. At such time as City is no longer the owner of the Golf Course Parcels, this
Covenant shall be automatically modified to delete paragraph (A) below, and thereafter
the process set forth in paragraph (B) below shall be available to a holder of a valid
Resident Access Card when booking a tee time.
(A) The same process and ability to book a tee time as in
place as of the Effective Date of this Covenant; and/or
(B) No less than one week in advance of the day of play,
blocks of reserved tee times representing no less than one-third (1/3) of all tee times
from the Golf Course's opening time until 1:00 p.m. each day the Golf Course is
open for play, reasonably and proportionately scheduled throughout that
opening/1:00 p.m. time period, shall be made available to holders of valid Resident
Access Cards.
In the absence of a modified procedure approved by the City, the time at which a
tee time may be booked shall commence at 6:00 a.m. on the day by which a reservation
must be made; for example, if the holder of a Resident Access Card wants to book a tee
time for a Saturday pursuant to the one (1)-week advance reservation provision in
Section 3.4.1 (B) above, the earliest time at which to make that reservation would be
6:00 a.m. the Saturday before the Saturday of play.
Subject to the terms and conditions in this Section 3.4.1, the scheduling of tee
times, and the implementation of blocks of reserved tee times, shall follow or be similar
to the schedule matrix set forth in the "Tee Time Block Schedule Example" in Exhibit "D"
attached hereto and incorporated herein by reference. Notwithstanding anything to the
contrary in this Covenant, tournaments and other similar group play shall take priority
over other reservations, provided that the "one-third (1/3) of all tee times" requirement
described in paragraph (B) above is satisfied on a monthly basis.
698/015610-0065
10768446.7 a04/25/17 -11 -
In the absence of a modified procedure approved by the City, tee times that have
been "blocked -off' for Resident Access Card holders, but have not been booked by a
Resident Access Card holder two (2) days prior to the date of play, may be made available
to the general public (including guests at the SilverRock Resort) on a first -come, first -
served basis.
3.4.2 Reduced Rate for Golf Course Play. The rate charged to each
holder of a valid Resident Access Card for each round of golf played at the Golf Course
(the "Resident Rate") shall be governed according to the following:
(A) In the absence of a different Resident Rate charged
pursuant to this Covenant, the Resident Rate shall be the Resident Base Rate.
(B) The Resident Rate shall not exceed, on any given day
the Golf Course is open for play, fifty percent (50%) of the actual combined rate
paid by hotel guests staying at any hotel at the SilverRock Resort Area and by the
general public (who are not holders of Resident Access Cards) for that same day
that the Golf Course is open for play; for example, if the actual combined rate for
hotel guests and general public playing on March 1 of any given year is $100, the
maximum Resident Rate for that March 1 is $50. The fifty percent (50%) cap
described in this paragraph is referred to as the "Daily Resident Rate Cap." The
Daily Resident Rate Cap shall only apply for golf course play during the "prime
season months" from November 1 through March 31 of every year.
(C) Subject to the Daily Resident Rate Cap, the Resident
Rate may increase annually by a specified percentage (the "Resident Rate Annual
Percentage Increase"). In the absence of a different annual percentage increase
approved by the City, the percentage increase shall not be more than a three
percent (3%) increase per year; for example if the Resident Base Rate is $60, the
following Resident Rates would apply for the following years 1-10:
Season
YEAR
base
1
2
3
4
5
6
7
8
9
10
PEAK 3%
$ 60
$ 62
$ 64
$ 66
$ 68
$ 70
$ 72
$ 74
$ 76
$ 78
$ 81
SHOULDER 3%
$49
$50
$52
$54
$55
$57
$59
$60
$62
$64
$66
SUMMER 3%
$33
1 $34
1 $35
$36
$37
$38
1 $39
$41
$42
$43
$44
(D) Subject to the Daily Resident Rate Cap, after the first
consecutive ten (10)-year period commencing from conveyance of all right, title,
698/O15610-0065
10768446 7 a04/25/17 -1 2-
and interest in the Golf Course Parcels from City to Developer or any successor in
interest, any increase in the Resident Rate starting in year 11 may not exceed the
percentage increase in the Consumer Price Index (or similar nationally recognized
inflationary index) (the "CPI") for All Urban Consumers, not seasonally adjusted, for
Los Angeles County, Riverside County, Orange County, averaged for the twelve
(12) month period commencing fifteen (15) months prior to the applicable ten-year
adjustment date and ending three (3) months prior to that applicable ten-year
adjustment date (the "Resident Rate Ten -Year Adjustment"). Each year after the
Resident Rate Ten -Year Adjustment, any annual increase in the Resident Rate may
not exceed the CPI.
(E) There shall be no "service charge," or any other amount
added to the Resident Rate permitted under this Covenant. In explanation of the
foregoing, there shall be no "weekend rate" or other kind of "service charge" added
to the Resident Rate.
(F) For purposes of determining any increase or adjustment
to the Resident Rate, each year shall be based on a calendar year. The first day on
which any increase in the Resident Rate may occur is January 1, and for purposes
of any increase in the Resident Base Rate, the first day on which such an increase
may occur is January 1 of the year following the year of the Effective Date of this
Covenant.
3.5 Collection and Receipt of Resident Rate Charges.
The owner of the Golf Course Parcels shall have the obligation to collect and right
to keep moneys charged at Resident Rates; provided, however, if the City owns the Golf
Course Parcels but contracts with Developer or a third party operator of the Golf Course
for the administration of the Resident Access Card process and program, Developer
and/or the third party operator of the Golf Course shall have the obligation to collect and
right to keep moneys charged at Resident Rates.
3.6 Additional Privileges Permissible to Resident Access Card Holders._
Nothing in this Covenant prevents the owner of the Golf Course Parcels or
manager of the Golf Course from granting additional privileges to holders of valid
Resident Access Cards, including but not limited to discounts on food and merchandise
available at the clubhouse.
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 riot limited to immediate and permanent injunctive relief.
698/015610-0065
10768446 7 a04/25/17 -1 3-
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
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.
698/015610-0065
10768446.7 a04/25/17 -14-
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 Golf Course Parcels or operator of the Golf Course. 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.
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 Third Party Beneficiaries.
A holder of a valid Resident Access Card shall be deemed and is expressly a third
party beneficiary under this Covenant, and shall have the right, but not the obligation, to
seek enforcement of this Covenant's terms and conditions. Except for the Parties to this
Covenant, which includes any successors in interest, and holders of valid Resident
Access Cards, no other persons or entities have any right of action of any kind under this
Covenant.
5.5 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.
698/015610-0065
10768446.7 a04/25/17 -1 5-
5.6 Covenant Against 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.).
5.7 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.
5.8 Severability.
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 condition the use of the Golf Course Parcels
for a golf course and the Golf Course Access/Operations Parcels to provide access and
operations for use as a golf course.
5.9 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.
5.10 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.
5.11 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.
698/015610-0065
10768a46.7 a04/25/17 -1 6-
5.12 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.
5.13 Future Golf Covenant.
Pursuant to PSDA Amendment No. 2, Developer has an option to purchase the
Driving Range/Golf Course Parcels (which parcels are referred to in PSDA Amendment
No. 2 as the "Future Resort Property") (the "Future Resort Property Option"). City and
Developer acknowledge and agree that in the event Developer timely exercises the
Future Resort Property Option, City and/or Developer (as applicable) intend to record a
subdivision map against the Driving Range/Golf Parcels to identify the specific portions
of the Driving Range/Golf Course Parcels on which the future golf course, driving range,
and any ancillary golf course operations will be developed (collectively, the "Golf
Portions of Driving Range/Golf Course Parcels"). Concurrently with, and as a
condition to, City's conveyance of the Driving Range/Golf Course Parcels to Developer,
City and Developer shall execute and record against the Driving Range/Golf Course
Parcels an amendment to this Covenant or other document that releases the portions of
the Driving Range/Golf Course Parcels that are not Golf Portions of Driving Range/Golf
Course Parcels, and ensures City residents access to the future golf course to be
constructed on the Golf Portions of Driving Range/Golf Course Parcels in a manner that
is consistent with this Covenant (the "Future Golf Covenant"). Until such time as the
Future Golf Covenant has been executed and recorded against the Driving Range/Golf
Course Parcels, this Covenant shall continue to bind the Driving Range/Golf Course
Parcels in accordance with its terms.
5.14 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.
698/015610-0065
10768446 7 a04/25/17 -1 7-
5.15 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]
698/015610-0065
10768446.7 a04/25/17 '1 �'
IN WITNESS WHEREOF, Developer and City have executed this Covenant as of
the Reference Date.
Date: 2017
Date: "- Z4-1 _ 12017
"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 R
Its: Mangy r
By:
Name: Robert S. Gr .e , 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
"CITY"
CITY OF LA QUINTA, a California municipal
corporatiop and charter cit
Date: , 2017 By: r—QA1j-
k J. Sp ac City Manager
4:�s -
[Signatures continued on next page]
698/015610-0065
10768446 7 a04/25/17 -1 9-
ATTEST:
S;A4�
Susan Maysels, City Clerld
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
William H. Ihrke, City Attorney
[End of signatures]
698/015610-0065
10768446.7 a04/25/17 -20-
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 $AiV
Ong-?,Y-12 , before me,
Notary Public,
personally appeared 90d+ 7 S 6461 i _: L , who proved to me on the
basis of satisfactory evidence to be the person(, f whose iiame(AX) i)*Csubscribed to the within
instrument and acknowledged to me that &Aw4fey executed the same inr1694heil�-Klthorized
capacity(i , and that by&Av44hair signatureKon the instrument the person(g), or the entity
upon behalf of which the person acted, executed the instrument.
90A/ a - SF(-fYL
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.
'l-,, -7
Name: dlfV
Notary Public
RON J. SEGAL
Commission # 209�5��
Notary Public - California
San Diego County
My Comm. Expires Feb 21, 2019,�
698/015610-0065
10768446.7 a04/25/17 -21 -
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 it j 3 2017 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 some 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.
THOMP
WITNESS my hand and official seal. TERESA SONCommission # 2030796
n Notary Public - California i
Riverside County
My Comm. Expires Jun 24, 2017
Signature
(seal)
DOCUMENT:
COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) between City of La
Quinta and SilverRock Development Company, LLC re property (Parcel Map
37207)
_22_
T yi5� .. •
" 'Ilk UR) I[0,rI�l I'nit[cINC � lil�Skl}f fV 1! 11� � 1':1 lilt
t
I1A .1 Iti lk 1k I E'1!
J t ?i 41.'1 1) `,i RVI( I 1 1( 11 1IN ^• PA I OB-11
'
4 .. "f' ti PA 5
�, � ,, d III1;,41I1 ii()•'ff:1
1"
ry• Mx 1
PA I 1 , a Its ?fMIMI
s'
PUBLIC VARR-(17
lltK t'C) f 4
P..h
KI--'M)1.N'1 IAf 131.1'1.1. f71'M,Lj�N
1)A 2
I.i'Al'It1 11()I I t-N1'rh ,I; a f ✓ } .v?,�
rUxUR) 11011.1
PA I.
I',n ;
}6�b
I'ItC)MENADI MIXED USI
1'11,I IG1, AREA I
t f
P `� 94
111t0%MI-.NA1)I ,IVIIX1'.1)-1,1SI
t PA S
RFSOIt1 !t1 SIDE 1111
may.
.. . r ��''((��1}} .�hq }■}■��.. rrt1��.,, �''�..rrrryy�kk C■C■ryrrrrr.�@,,.�p .. ,.. ...--4^.�—N^ry)rycas�.i
" IiCSIr)i:l� ri.=t1. 2w A RI7S1[)F TIAb
EXHIBIT "B"
PARCEL MAP
(See following document)
698/015610-0065
10768446.7 a04/25/17
It
O
N
0
z
J
W
fCC)
1�
Q
h
ti Wa W
WWWU
gwrqwr�¢
1� NnNh
28 a
=opo
U —
�o�Nz
zpz�
N�¢�o
O¢3
o�o,u
oz
�Na
�a¢o�
- � o o �
0�
<md iW `-ItoLU
En
wZ�
Fes 6
Ei
SIX
•-W` <� 3RR N i'i 2 gx '-iN
Za>
81
RUN
��f H wn �i 'y'� ���¢� Gih NUmU �g yA • Ar • ia„
p O w¢ yC CSC W2 HW In 1nJFNg4'A qR� • �WZ
4U��tip Zo00�L1 O'3i?tiY¢ HY ii.'< 2 6�U ¢pWW Z ar W" 2oW N �\
'e Zip 4 C 1= 2�'� 2wz2moc �yi �-• w i W
mila
Nv (► < fir, ¢$
K�F
RE .0
Kom
In
ee a7so¢ , �3 m _� �p`Y •n2 W25�><U
y~g^ ���� � � ti�ti 3oQ 3 s��r_ 3 ��2���° ••C�� pGi� cif �ti ���i
�}XcB,�•m� Qti5 m;.• m$�<t7„W�^ m`Ti' z�„g`'{ v]I` ��„ .�...�
��`d• �c,�ti � ��" �Z3� mU m W�uci.,�W mead Wo ;• � ¢`S z3 �^.'� x�
�40
zk3U�'^..z
u><W=, 2r2 oo hw" ��q�Q�`�I'� ¢ ;�� �W �w �' � c•.. - � ��a�
c �� 3 W R e 6 ¢ O �e N 2 W W z S Q¢ ry TA U 4
o�o a>� V� y'' .a.� .�`Zo`� joy<o" w$
J w= r X W w 2
w
w
0
0
y
lip
,M
_
,
-Z
R 2 � i
�Q��Qyy� � gam+- � .• �� y� � � � .",. q� � � $
RIP
-
�� HhH
� 4 �440 0,0 0 El 2 E R H 0 00
-d"V
`alitl'a Ntl�fi131'M TfY N
���5lr;L*
1 —
NOO
I
•a'Lt!—
'4K1
I w•ke � p,Dp.vadl �
�,.
g
— f.lt'x1.Yw'1(Tt
m L1'T.CJ.g9'd
7R1Y] NVDIif W IN 'd'Y'!I`
14
"✓b
)- LL -'" k F L s N
r —
z Q W -
za
1. i
() K '
Q
W
RA ry
f
S
Z,u
ssZhu
mr.ec-an
'[Lil
+L[',-
0
Rf
oWb3�i £
,al
a
A
m
s
f
�
Qma
Al
r✓ �
�4
�"(YJf�
Z;Ew
SS33Y LB-L�fI (.f4'C9ZS M.S01 St.41) 5 � 1•6�L.ZR1).LS'C%S 4fiY.Zl.ZON 76
--
J
Nlw
off
iM V J
wQa
f= %
Ai, _
PLa
X".
lk r Q�
d
a€
,Sr'ml 3,iG9D,Lv1 - -a a a o Af ••
S Olml� it,I4.A04} o z S
o00 o z
n � ,uus• 1 ,3,Y�s� TJ
a
❑ ❑ HIM oli"-v io V
�g
�4
w
w
o S4 o
J
Q
z
W
F
z
HIM�
1
11111111111111111111131311311
a
HIM
I
HIM
III
gill�
jj'' 'gyp
it
a�a a z b
Ez
Q<1Q Q <1<1Q<1<1®N<1Q Q Q
0 0
ti
a .
�12
sew s a a 8 e a
<ivy o is CS m
Cm
N N as aQaaaQa1QaaAa
b$(§,
a !
�°
} \(b
\0
j 'l
o
{ t
b ®.<
�� ))\,
.
-
.
-
z (
\
/ G§§kk
j
0
6 U
/ /\(
} <§®�
es �_
C114 1,+
Z
LL
La
V) • '�+a
�+ppm
Q 7 5
W
2
l++ppp® W�ll
m
K
LLJ
V
VVV�I aa,•�
',
C�-7
Jog
LPL,. � � � �
•'�
w
ai
o
II
1 lij
w
I I YI
�
;�
r I'
A74�,4 '71V3il7�, 6
U
.
,
I I
I1I
i
I II
Ohll
II
IqY I� I
7
JR
I+I
I
ICI
g
f
�r I
�
CC 2r
Q Pam. I p� pw
L�
�y4� I,I
v �V
!
Ogg
I
Z a
9�S.
IlY
7 � O
Ld
z <��
I
.!
r
y/■ �"
�
�r rY F.3
.M1.
•SSI
wz
Wm
br
a
0 wl�j
a
000
Vg
oz
�CL
zm
o.o
40
II
f 1
I
f.o
=Q
00
M7 o
gf
H
Wos w
o
S
�I I u�
'Do
Vl
Ld
w _
F,YO,SI,i�I-.LL'Y4T. F,N,M.'lp%
c0
[,kY•LFiS
.LY"iDLI
�' O
I •••. — -� —
— — — B ND1133S
r oo
�1
I
I I
-------_.---_-'
I
II ?I
�I �I
I
I_
i l fiY£`ro;giep
II
1 rw'
FVN
I�
It
I�
11
tl
al
I1
II
ZN
wz
wa
l l
�
2
�zN
ozooa
�P
�I8i
tl
Si
d
�
gg
8 q � 91
aWm W
mz w
msQ �
No
Q K.
Z p 3W
O o
s
II
11
y
o ^��Q�1
V
�I-•go>
Ir
LL
II-
Ld
F-
aoo
u) • �� �
;
II
III
d
0Ois, Q�
NL-j
I
Il
5
I
l
Ir �
ffi�U
O �airi
a- F
_
~,v
e �
I
I- � •
= a
I i
ufi r. o
O
W C
~ Ys
J _ _
I
WIN[ ".0 ,
d
'757 PP
eq
z
I
~
-
II
pp�oz
ll
0Lu
ii
-�4��fm
IIf
04
W
I
III
N
i
I
L
Ld
)
I
,o
k � �
1
l
it
l j �
m
t}'J •-
1
�
,
�� - -
1 -__
--
- =
J
g 'f
___-_ .----------------
F
m
l II
Ill
•%� � �
o-
�"�/
f
w---
= w< k
L,
p�'
w. d
w
N Mx I — - - -
rl
jyy I si.a
- 4-q
W � �. .��fcoEn
w 4 too
I I
w ,C /o�•� a / /
!1!I ll K I
oho II
III � �f51^�I�I yl
o F z
o � o
a�oo3�
z C) = o I II tll /� rR
� �� ojo�Y.m^ f jf i
I II r✓ i�1 /
Ll
_ .., J
—
w o 3 o z
vI ����
wz&zsw5 � z
=
=CA,
oa •0i g$ # �'` 11
Go
p�c��aww ary I F 7•^
p �QaMy y~ f I \✓ �j 11 w
W v
Z Ng=mow — IIII I Yf 1 I � /• � ,s �si�;�� , +rf � .�
-
o-�
go !1
51
CL
lw
r �
OL
r r
S I I
JII /
/ I a �
�[tlj647.4R.:Pl I 1I / � •peg �^
C)�
I .n
III
//��
�t
tak.srnlgz',�I caIX3 -L!
I
CL
�N
Wtit
R k 1&
on
`
,3. 'E31b1" f a
dp
gc"4
pn
iL:
w
P dP
W
w
m f
a >y
�
e so.lr�cvi
I
OR
JO
'Q �f co
n.
3p WR 1 alIU,z,w+�
yi ,' tiIr
sa
gy\ ��� n ,,�, i• hralrlA3f+1Y1 �NRiYiFI ¢� �" w
cL
si
;r•a` �"ti, .rpA,"�,p. ,ss` �'-°R!\l' k,� 8+ lc L3 !V Qy W
o
.�� ra t . R ,�, � � •A`R e. �_
RIj
1 I
-24
%Q441k
E
Sr
6
V� O
w=•
W 1 N
u
I
I E 1�1
f ND
Q J�zxci
Z O zo 3o
1
o��
e w
HIM
1111
11111111
4P
ill
�r
N
�I
M
W
E
Ld
w
GO i
w
O
WooQ�
} ma
z Q z�
im4
e
o
O N mN
W
r O
b
o
II
ZNoon
—
a
�om�f W
o
v�i
Q Izzpzx
o
�
o
J
w
R1r-r�
O
w�z�a'yA
El
`F'q,
U o wp .e
ry
(,W S6i 4M1Y1 �A'Cpl I
�
a
W
=
~ =z
s
Itllllltr
Ill
v
ll1'IIIRII�I
a
£ 133HS 33S
I
�t
a---
Zl 133HS 33S
1. . .WI
! A2
_
Z
�
0�30
O
Jx4
_
�
vW�i~va~i
O
H
aoc=a.,o
U
�
U
O
Z
_T,`��
.
ZI
T13.xy
U �
W
Z
`_ r
` • A�
cy
o,o�
>o�o�
J
1 No
I
O
}
! 1 W Q N RR
U
li.
\\�� 1IICCC
W
.A
to
�
I
M
y4
�y.46
TL
I
IE
7�a1%�.ei
ME
��
cum
F
N
W
W
i�
wz
o
o
mpw
¢ _
•_.N
zIo
a w
i3l
¢$a
lot
� 1 W
W y �W V
yj K
1�1/�IZ
qk ❑
.
n ^P
;.
RI
w
C.M'ph ��• .Wti
,,, .;Yr.61AlkJ
A
;.JR.'X.Sdin
0
0
O
o�
o
a
o
"
C IJJWC 77C
In
(,[9 H7lS idc.n.iu+i ,lC°f4{5 5•M;41.20!7
.L1'S4K - -
�
-A"tiCl _ _
f"
rN- 6 N71133$
_ I
�
A.7.7 h]'491C w 4t S4'97[C 00,110,
IQI133i----------_
F 9
--.-,.--f�..•�
V)
INII
II
II
II
II
co
fl
1?
�I
II
II
w
w
It
V)LU
V)
II
R II
a it
I�
t�
f�
I�
L
�
1
n
�
11
till
0.
a
aW
Of-
II 1'77UJ 77C
f,
Ld
w
S
N
ar Sl `u
cD � Idt
ry � ZL'FB92
O
M
w—
Uj
- —12-- —
L — -- —�p_
[r11Aa:ar:eea
z
o
a�
fi..I'9
V f5��✓n
O
$ �
O
CL
w
~
rn
d
, s
,��
"aa
f
w
o
3w �
w
`
� ■
� � IEII
H
�
aim .n
e ��
eil
1
z
s
Z
a.n
J
I iN�
.
~
p G
(,f7L92S LS'itl9F �'6h,ZI,LU1 —
�Ylift�9Y4-
.91 gw 1
WOH I MCI '+air
Will
_-----------R
-- _—_--_—
r-----�---P._._.�
3 4�
M
s
7].R7Iq
�I
�i
1Q _
F I !�— 1
ti
yG'tiR.7 IFY01'Y/N7
�
hIXw
�riAl.v.
K U�1 r
bl 177uC lac
`aar
W
a
4
w
W
w
W
�Wd.�y�.rrM
LJ
W
W
W
V)
£L 133HS 33S
lr
I
Ii
I �
I I
I j
A {n�•Y1
I
IM NVDIM IIY - 'd'V'N
4 VAP.4 79,WL A w"any
------------------
. R
i
Z
C) �- ag
I
o
pigLi
{
a
JI
u~i
u
O
s IA o
0 IN
I
Of
W
;ISM
}fr�T r:
z
,
a
Z
O
v;�
-
o
s�
a
O
C)
0
CY
Q
o
}
I I !
LJ
W
W
c�
w�
V) I Q"
aR
N - S
ur -A -, "Y I
{u
8 t
ffi�yy
a ASO
0 1I-JUC 77c
N In
LLJ
-
W
N
W
W
�__
N
Ld
N
�I
a
�
t ,'
o
F-
W
N
1 �
I R
.
o� •
r
�
w
to
W
W
L^ol
N
I�
I�
I�
I
I
I
�
W
S
I
I
k
,
W
to
ff,
it
SSie
�I
a p
R4,p
j{i
r •o
I
ozooz
No
z_
O O 3 4
iY
�UZWo
a
� oFaQ
(A
a jj 00
Z
O J 0
w
_ N
o
o
r
Noa�w
<�
Z
Z
Q z m
Ca
o
Q
o h
_
9L 133HS 33S
r®} � 0 -MbVd
kr {.1c,Ti,C71
CL
rk
o
N
m '
10 6 i.
it .a
a
4 Ay
N
J
�
IOL
UR
,SI'CCI x,p, 90.4Cti
b T
CL
f
O
N
AOAb.i RHOSWE
o
8
Oil
l
—
,rmt�w su �w.n Barr _ _ sit
t.w•as i.x,ca.w,l,m�tct i.n, r2r__
u'ewr___---- _ — — — — — — _---------- —
W
b n
- - i rr�u3a ❑� _
x• ' �lt�.dpy �
toll
SL 133HS 33S
1-9
EXHIBIT "C"
TO COVENANT AFFECTING REAL PROPERTY
(GOLF COURSE USE)
LEGAL DESCRIPTIONS OF PARCELS
Page 1 of 4
LUXURY HOTEL PARCELS:
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino
Meridian, in the City of La Quinta, County of Riverside, State of California, described as
follows:
Parcels 3 and 4 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 ,2,/
[NOTE: LUXURY HOTEL PARCELS TO BE RELEASED FROM THIS COVENANT
UPON COMPLETION OF GOLF COURSE REALIGNMENT]
EXHIBIT "C"
TO COVENANT AFFECTING REAL PROPERTY
(GOLF COURSE USE)
LEGAL DESCRIPTIONS OF PARCELS
Page 2 of 4
PERMANENT GOLF CLUBHOUSE PARCEL:
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino
Meridian, in the City of La Quinta, County of Riverside, State of California, described as
follows:
Parcel 8 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.
Ch ist6pher L. A berts, P.L.S. 8508
Date: Ry 9 ZJV
EXHIBIT "C"
TO COVENANT AFFECTING REAL PROPERTY
(GOLF COURSE USE)
LEGAL DESCRIPTIONS OF PARCELS
Page 3 of 4
DRIVING RANGE / GOLF COURSE PARCELS:
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino
Meridian, in the City of La Quinta, County of Riverside, State of California, described as
follows:
Parcels 13, 14, 15, and 16 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: /7111K 9 � 7
EXHIBIT "C"
TO COVENANT AFFECTING REAL PROPERTY
(GOLF COURSE USE)
LEGAL DESCRIPTIONS OF PARCELS
Page 4 of 4
GOLF COURSE PARCELS & GOLF COURSE ACCESS f OPERATIONS PARCELS•
Those portions of Sections 5, 6 and 8 Township 6 South, Range 7 East, San Bernardino
Meridian, in the City of La Quinta, County of Riverside, State of California, described as
follows:
Parcels 17, 18, 19, and 20, 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: 9 Zvi
EXHIBIT "D"
TEE TIME BLOCK SCHEDULE EXAMPLE
Time
Player i
Player 2 Player 3
Player 4
7:00
7:08
7:15
7:23
7:30
Resident Block
—
7:38
7:45
,
8:00
M
8:08
—
8:15
8:23
8:30
8:38
SA5
Resident Block
9:00
9:08
9:15
9:23
9:30
9:38
9:45
10:00
10:08
10:15
10:23
10:30
10:3s
10:45
Resident Block
11:00
11:08
11:15
11:23
11:30
11:38
11:45
12:00
12:08
12:15
1233
12:30
12:38
12:45
.Sa�ftc a
1,00
Resident Block
—
�zI,, Id1Ploil.
1:08
1:15
1:23
Tee Sheet Open @ 1:00 p.m.
1:30
138
1:45
—
-....._ ---
698/015610-0065
10768446.7 04/2547 -32-