ORD 395 Centre Pointe - DA 2003-006 Revised - Centre Pointe Development, LLC (2003) ORDINANCE NO. 395
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A REVISED
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC
CASE NO.: DEVELOPMENT AGREEMENT 2003-006
APPLICANT: CP DEVELOPMENT LA QUINTA, LLC
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement Law") authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public planning
process, encouraging private participation and comprehensive planning and identifying
the economic costs of such development; and
WHEREAS, the City Council of the City of La Quinta ("City" or "City
Council", as applicable), on the 3rd of June, 2003, held a duly noticed public hearing to
consider (i) a disposition and development agreement ("Original DDA") by and between
the La Quinta Redevelopment Agency ("Agency") and Center Point Development, LLC,
~ ,,
a California limited liability company (the "Original Developer"), pursuant to which the
Original Developer agreed to purchase certain real property located within the City (the
"Site"); and (ii) a development agreement ("Original Development Agreement") by and
between the City and the Original Developer, pertaining to the Site. By adoption of
City Council Ordinance No. 385, the City Council approved the Original Development
Agreement; and
WHEREAS, prior to execution of the Original Developmentl Agreement, the
Original Developer requested certain changes thereto, including (i.) changing the
developer entity from the Original Developer to CP Development La~ Quinta, LLC, a
California limited liability company ("Proposed Developer"), (ii) revising the landscaping
obligations of the Proposed Developer to account for the possibility that the City does
not obtain certain landscaping grants, and (iii) revising the insurance requirements for
the Proposed Developer; and
WHEREAS, pursuant to the Original DDA, as revised, the Proposed
Developer has an equitable interest in the Site and qualifies to enter into a
Development Agreement pursuant to the Development Agreement Law; and
WHEREAS, the City Council of the City of La Quinta, California ("City
- .. Council"), did on the 2nd of December, 2003, hold a duly noticed public hearing to
consider the Revised Development Agreement; and,
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 2003
Page 2
WHEREAS, the Planning Commission of the City of La Quinta, California,
did' on the 25th of November, 2003, hold a duly noticed Public Hearing to consider the
Revised Development Agreement and the recommendation of the Planning Commission
has been received by the City Council; and,
WHEREAS, at said City Council Public Hearing, upon hearing and
considering all testimony and arguments, if any, of all interested persons wanting to be
heard, said City Council did make the following mandatory findings to justify approving
the Revised Development Agreement:
1. The proposed Revised Development Agreement is consistent with the
objectives, policies, general land uses and programs of the City of La Quinta
General Plan and Specific Plan 2001-005.
2. The property is within the Tourist Commercial, Medium Density Residential, and
Park Districts of the 1 992 General Plan Update which permits the proposed use
and the proposed use is consistent with the goals, policies and intent of the La
Quinta General Plan Land Use Element (Chapter 2).
3. The land uses authorized and regulations prescribed for the ReviSed
Development Agreement are compatible with the zoning and its related
regulations now applicable to the property. The site is zoned Tourist
Commercial, Medium Density Residential and Park which permits' the proposed
uses provided conditions are met.
4. The proposed Revised Development Agreement conforms with public
convenience and the general welfare by providing for extensive public
improvements and conforms to good land use practice by requiring the
development of a commercial development.
5. Approval of this Revised Development Agreement will not be detrimental to the
health, safety, and general welfare since adequate provision has been made in
previous City approvals to provide for necessary and desirable improvements
and since these approvals are incorporated herein.
6. Approval of this Revised Development Agreement will not adversely affect the
orderly development of the subject or surrounding property nor the preservation
of area-wide property values, but rather will enhance them by encouraging
planned, phased growth.
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 2003
Page 3
7. Consideration of the Revised Development Agreement has been accomplished
pursuant to California Government Code Section 65864 et seq. and the City of
La Quinta Municipal Code Section 9.250.030, which governs Development
Agreements.
WHEREAS, all actions required to be taken by the City precedent to the
adoption of this Ordinance have been regularly and duly taken.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California that it does ordain as follows:
SECTION 1. APPROVAL. The City Council hereby approves and adopts the
Revised Development Agreement in the form presented to the City Council concurrent
with the approval and adoption of this Ordinance, and authorizes and directs the Mayor
to sign the Revised Development Agreement on behalf of the City, and the City Clerk
to record the Revised Development Agreement in the Official Records of Riverside
,... County in accordance with applicable law.
SECTION 2 ENVIRONMENTAL. Said Specific Plan complies with the
requirements of The Rules to Implement the California Environmental Quality Act of
1970 as amended (Resolution 83-63). The Community Development Department
completed Environmental Assessment 2001-436, certifying a Mitigated Negative
Declaration of environmental impact as adopted by the City .Council on February 5,
2002 under Resolution 2002-07, for this Specific Plan 2001-005. An Addendum has
been prepared for the proposed Specific Plan 2001-005, Amendment #1 and
Development Agreement 2003-006. No changed circumstances or conditions are
proposed which would trigger the preparation of subsequent environmental review
pursuant to Public Resources Code Section 21166.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption
of this Ordinance, and shall cause the same to be posted in at least three public places
designated by resolution of the City Council, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered into the Book of Ordinances
of this City.
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 2003
Page 4
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 16th day of December, 2003, by the following vote to wit:
AYES: Council Members Henderson, Osborne,. Perkins, Sniff, Mayor Adolph
NOES' None
ABSENT: None
ABSTAIN' None
DO~~AD ~o~H, Mayor
City of La Quinta, California
ATTEST-
JUNE S..GREEK, CMC, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM'
M./~/(THERJ~NI~ JENSON, Cit~A~torney
City of La Quinta, California
Ordinance No. 395
Development Agreement 2003-006
CP Development La Quinta, LLC
Adopted: December 16, 2003
Page 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true and correct copy of Ordinance No. 395 which was
introduced at a regular meeting held on the 2nd day of December, 2003, and was
adopted at a regular meeting held on the 16th day of December, 2003, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
CMC, City Clerk
City of La Quinta, California
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
JUNE S. GREEK, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: June Greek
P. 0. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
SPA(
DOC a 2004-0005256
01/05/2004 08:00A Fee:NC
Page 1 of 57
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk 8 Recorder
IIN 1l11111111I 11111 11 N1 11111111
DEVELOPMENT AGREEMENT
by and between
CITY OF LA QUINTA & CP DEVELOPMENT LA QUINTA, LLC
Title of Document
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
C:\MYDATA\WPDOCS\FORMS\Recorder.wpd
S
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 6103)
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE
CITY OF LA QUINTA
CP DEVELOPMENT LA QUINTA, LLC
394/015610-0061
390243.13 a] 2/17/03 - l -
TABLE OF CONTENTS
Page
1.0 GENERAL........................................................................................................................ 3
1.1
Term...................................................................................................................... 3
1.2
Effective Date.......................................................................................................3
1.3
Amendment or Cancellation......................................:..........................................3
1.4
Termination...........................................................................................................3
2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING
CONSTRUCTION OF THE PROJECT...........................................................................3
2.1 Right to Develop...................................................................................................3
2.2 Additional Applicable Codes and Regulations.....................................................4
2.3 Permitted Density, Height and Use Limitations................................................... 5
3.0 DEVELOPER'S OBLIGATIONS....................................................................................5
3.1
Development of the Project; Planned Development .............................................
5
3.2
Conditions of Approval.........................................................................................6
3.3
Covenants, Conditions and Restrictions...............................................................6
3.3.1 Recordation of Covenants, Conditions and Restrictions and
Establishment of Casitas Development Homeowner
Association................................................................................................
6
3.3.2 Recordation of Covenants, Conditions and Restrictions and
Establishment of Sanctuary Villas Development Homeowner
Association................................................................................................
7
3.4
Payments to City by Developer............................................................................7
3.4.1 General......................................................................................................7
3.4.2 Developer's Payments of One -Time Mitigation Fees ..............................7
3.4.3 Casitas Development Annual Mitigation Fee; Termination .....................8
3.4.4 Sanctuary Villas Development Annual Mitigation Fee;
Termination...............................................................................................
8
3.4.5 Payment of Casitas Development Public Facilities Fee ...........................
9
3.4.6 Payment of Sanctuary Villas Development Public Facilities Fee ............
9
3.4.7 Consumer Price Index Adjustments..........................................................9
3.4.8 Termination of Sanctuary Villas Development Fees..............................10
3.4.9 1 Landscape Improvements Payment; Maintenance..................................10
3.4.10 Other F ees and Charges; Assessment Appeals.......................................11
3.5
Park Improvements.............................................................................................11
3.6
Dedications and Improvements...........................................................................11
3.7
Indemnification...................................................................................................12
3.8
Insurance.............................................................................................................12
4.0 CITY'S OBLIGATIONS................................................................................................13
4.1 Scope of Subsequent Review/Confirmation of Compliance Process.................13
4.2 Project Approvals Independent...........................................................................14
4.3 Review for Compliance......................................................................................14
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Page
5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION....................................................14
5.1 Notice of Default ..............:.... .... ...... ..... :............................................................. 14
5.2 Cure of Default...................................................................................................15
5.3 City Remedies.....................................................................................................15
5.4 Developer's Exclusive Remedy..........................................................................15
6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.................................16
6.1 Encumbrances on the Project Site......................................................................16
6.2 Mortgage Protection............................................................................................16
6.3 Mortgagee Not Obligated...................................................................................16
6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure ............................16
7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.........................................17
7.1 Prohibition...........................................................................................................17
7.2 Transfers Prior to Completion of Project............................................................17
7.3 Assignment and Assumption of Obligations......................................................18
7.4 Successors and Assigns.......................................................................................18
7.5 Assignment by City.............................................................................................18
8.0 MISCELLANEOUS.......................................................................................................18
8.1 Notices................................................................................................................18
8.2 Force Majeure.....................................................................................................19
8.3 Binding Effect.....................................................................................................20
8.4 Independent Entity..............................................................................................20
8.5 Agreement Not to Benefit Third Parties.............................................................20
8.6 Covenants............................................................................................................20
8.7 Nonliability of City Officers and Employees.....................................................20
8.8 Covenant Against Discrimination.......................................................................21
8.9 Amendment of Agreement..................................................................................21
8.10 No Waiver...........................................................................................................21
8.11 Severability.........................................................................................................21
8.12 Cooperation in Carrying Out Agreement............................................................21
8.13 Estoppel Certificate.............................................................................................21
8.14 Construction........................................................................................................22
8.15 Recordation.........................................................................................................22
8.16 Captions and References.....................................................................................22
8.17 Time....................................................................................................................22
8.18 Recitals & Exhibits Incorporated; Entire Agreement.........................................22
8.19 Exhibits...............................................................................................................22
8.20 Counterpart Signature Pages...............................................................................23
8.21 Authority to Execute...........................................................................................23
8.22 City Approvals and Actions................................................................................23
8.23 Governing Law; Litigation Matters....................................................................23
8.24 No Brokers..........................................................................................................23
394/015610-0061
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DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of the _La_ day of
f]QCg0ng=r,?— , 2003 ("Reference Date"), by and between the CITY OF LA QUINTA, a
California municipal corporation and charter city organized and existing under the Constitution
of the State of the California (the "City"), and CP DEVELOPMENT LA QUINTA, LLC, a
California limited liability company (the "Developer"), with reference to the following:
RECITALS:
A. Government Code Sections 65864-65869.5 ("Development Agreement Act")
authorize the City to enter into a binding development agreement for the development of real
property within its jurisdiction with persons having legal or equitable interest in such real
property.
B. Pursuant to Section 65865 of the Government Code, the City has adopted its
Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing
procedures and requirements for such development agreements ("Development Agreement
Ordinance").
C. Prior to or concurrently with the execution of this Agreement, Developer has
entered into a Disposition and Development Agreement (the "DDA") with the La Quinta
Redevelopment Agency ("Agency"), pursuant to which (1) the Agency, subject to the terms and
conditions set forth in the DDA, has agreed to sell to the Developer, in one or more phases,
certain real property located within the City southeast of the Miles Avenue and Washington
Street intersection which is legally described in Exhibit A-1 attached hereto and shown on the
Site Map attached hereto as Exhibit A-2 (the "Site"); and (2) the Developer has agreed to
construct on the Site the "Project," which will consist of a mixed use residential and commercial
development, and other permitted uses. The Project is more fully described in, and subject to (i)
this Agreement, (ii) the Center Point Specific Plan, also known as Specific Plan No. SP2001-055
as amended by City Council R solution No. 2003-035 on June 3, 2003 ("Specific Plan"); (iii) the
DDA, (iv) the Mitigated Negative Declaration prepared for the Project, dated December 5, 2001,
as amended by the Addendum to Mitigated Negative Declaration, approved by the City Council
on June 3, 2003, by City Co cil Resolution No. 2003-035 (collectively, the "Revised Mitigated
Negative Declaration"); (v) my future Site Development Permits issued for the Project,
including all conditions of approval attached thereto (collectively, the "Project Site Development
Permits"); (vi) any future Tract Maps approved for the Project, including all conditions of
approval thereto (collectively, the "Project Tract Maps"); and (vii) the conditions of approval
associated with each and all. of the foregoing approvals (collectively, the "Conditions of
Approval"). The documents described in the foregoing clauses (i)-(vi) are collectively referred
to herein as the "Developmen Plan," and are, or when approved or issued shall be, on file with
the City Clerk.
D. By virtue of the DDA, as of the execution of this Agreement, the Developer has
an equitable interest in the Site. By its execution of the consent form attached to this Agreement,
the Agency consents to recordation of this Agreement against the Site.
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E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and
Developer desire to enter into a binding agreement for purposes of (i) identifying the terms,
conditions, and regulations for the construction of the Project, certain components of which
constitute a Planned Development (as defined in Civil Code Section 1351(k)); (ii) setting forth a
payment schedule for the Developer's payment to the City of certain amounts designed to
compensate the City in the event that certain components of the Project fail to generate specified
levels of transient occupancy tax (as that term is used in La Quinta Municipal Code Chapter
3.24) (hereinafter, "transient occupancy tax" or "TOT"); (iii) setting forth a payment schedule
for the Developer's payment to the City of Three Hundred Forty -Six Thousand Eleven Dollars
($346,011), to cover the Developer's contribution towards the cost of certain landscaping
improvements the City desires to install within certain portions of the real property adjacent to
the Site; (iv) requiring the Developer, at its sole cost, to construct a neighborhood park on certain
real property owned in fee by the City; and (v) setting forth the extent to which Developer may
construct, develop, use and operate the Project.
F. Among other purposes, this Agreement is intended to be, and shall be construed
as, a development agreement within the meaning of the Development Agreement Act. This
Agreement will eliminate uncertainty in planning for and secure the orderly development of the
Project, ensure a desirable and functional community environment, provide effective and
efficient development of public facilities, infrastructure, and services appropriate for the
development of the Project, and assure attainment of the maximum effective utilization of
resources within the City, by achieving the goals and purposes of the Development Agreement
Act. In exchange for these benefits to City, Developer desires to receive the assurance that they
may proceed with development of the Project in accordance with the terms and conditions of this
Agreement and the Development Plan, all as more particularly set forth herein.
G. The City Council has determined that the Project and this Agreement are
consistent with the City's General Plan and the Specific Plan, including the goals and objectives
thereof.
H. All actions taken by City have been duly taken in accordance with all applicable
legal requirements, including the California Environmental Quality Act (Public Resources Code
Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings,
findings, votes and other procedural matters.
Agreement.
On June 17, 2003, the City Council adopted its Ordinance No. 385 approving this
AGREEMENT. -
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and legal sufficiency of
which is hereby acknowledged, the parties do hereby agree as follows:
394/015610-0061
390243.13 a12/17/03 -2-
1.0 GENERAL
1.1 Term.
The term of this Agreement shall commence on the Effective Date hereof and, shall
continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or
extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto
after the satisfaction of all applicable public hearing and related procedural requirements.
1.2 Effective Date.
This Agreement shall be effective, and the obligations of the parties hereunder shall be
effective, as of July 17, 2003, which is the date that Ordinance No. 385 takes effect ("Effective
Date").
1.3 Amendment or Cancellation.
Except as expressly stated to the contrary herein, this Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties and in the manner provided for
in Government Code Section 65867-65868 and the City's Development Agreement Ordinance.
1.4 Termination.
Unless terminated earlier, pursuant to the terms hereof, this Agreement shall
automatically terminate and be of no further effect upon the expiration of the Term of this
Agreement as set forth in Section 1.1. Termination of this Agreement, for any reason, shall not,
by itself, affect any right or duty arising from entitlements or approvals set forth under the
Development Plan, as defined in Section 2.1, below.
Notwithstanding anything herein to the contrary, in the event the "Initial Escrow" or the
"Property Escrow" (as those terms are defined in the DDA), as applicable, fail to close within the
time set forth in the DDA, as such time may be extended pursuant to the terms of the DDA, this
Agreement shall automatically terminate and the Developer and City agree to execute and record
such document as the Title Company (defined in the DDA) reasonably requires to remove this
Agreement of record.
2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF
THE PROJECT
2.1 Right to Develop.
Subject to the terms, conditions, and covenants of this Agreement, Developer's right to
develop the Project in accordance with the Development Plan (and subject to the Conditions of
Approval which, among other Conditions of Approval associated with future approvals and
permits issued by the City, includes but is not limited to the Conditions of Approval set forth in
Exhibit `B" attached hereto) shall be deemed vested upon approval of the Development Plan,
which vesting shall expire upon the earlier of the following occurrences: (a) termination of this
Agreement; (b) termination of the DDA; (c) an uncured material default by Developer of this
Agreement or the DDA; (d) as to a particular phase, parcel, or lot comprising a portion of the
394/015610-0061
390243.13 al2/17/03 -3-
Site, the earlier of the final approved City inspection of the completed development on such
phase, parcel, or lot or the issuance by City of a certificate of occupancy for such phase, parcel,
or lot; or (e) as to a particular phase, parcel, lot comprising a portion of the Site, the date set forth
in the DDA when Developer was required to have completed the development of all
improvements on such phase, parcel, or lot. Except for the expiration set forth in clause (a) of
the preceding sentence, the expiration of the vesting right set forth in the preceding sentence
shall not terminate the obligations of Developer under this Agreement. Notwithstanding
anything in this Agreement to the contrary, the Project shall remain subject to:
(i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of
the City and its City Council, Planning Commission, and all other City boards, commissions, and
committees existing on the Effective Date of this Agreement (collectively, the "Existing
Development Regulations");
(ii) all amendments or modifications to Existing Development Regulations
after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans,
policies, and guidelines of the City and its City Council, Planning Commission, and all other
City boards, commissions, and committees enacted or adopted after the Effective Date of this
Agreement (collectively, "New Laws"), except such New Laws which would prevent or
materially impair Developer's ability to develop the Project in accordance with the Development
Plan unless such New Laws are (A) adopted by the City on a City-wide basis and applied to the
Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or
applied by the City (or if optional the failure to adopt or apply such non -City law or regulation
would cause City to sustain a loss of funds or loss of access to funding or other resources), or (C)
New Laws the City reserves the right to apply under this Agreement, including but not limited to
Sections 2.2 and 3.4.10;
(iii) all subsequent development approvals and the conditions of approval
associated therewith, including but not limited to Site Development Permits, Project Tract Maps,
and building permits,
(iv) the payment of all fees or exactions in the categories and in the amounts as
required at the time such fees are due and payable which may be at the time of issuance of
building permits, or otherwise as specified by applicable law, as existing at the time such fees are
due and payable, and
(v) the reservation or dedication of land for public purposes or payment of
fees in lieu thereof as required at the time such reservations or dedications or payments in lieu
are required under applicable law to be made or paid.
2.2 Additional Applicable Codes and Regulations
Notwithstanding any other provision of this Agreement, City also reserves the right to
apply the following to the development of the Project:
2.2.1 Building, electrical, mechanical, fire and similar building codes based
upon uniform codes adopted in, or incorporated by reference into, the La Quinta
Municipal Code, as existing on the Effective Date of this Agreement or as may be
enacted or amended thereafter, applied to the Project in a nondiscriminatory manner.
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2.2.2 In the event of fire or other casualty requiring construction of more than
fifty (50%) percent of any building previously constructed hereunder, nothing herein
shall prevent the City from applying to such reconstruction all requirements of the City's
Building, Electrical, Mechanical, and similar building codes based upon uniform codes
adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the
extent applicable to all development projects in the City.
2.2.3 This Agreement shall not prevent the City from establishing any new
City fees, including new development impact fees, or increasing any existing City fees,
including existing development impact fees, including but not limited to the Community
Facility Fees, as discussed in 3.4 below, and to apply such new or increased fees to the
Project or applicable portion thereof where such new or increased fees may be charged.
2.3 Permitted Density, Height and Use Limitations.
The permitted uses, density and intensity of use, location of uses, maximum height and
size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall
be those set forth in the Development Plan and this Agreement, whichever is the strictest.
3.0 DEVELOPER'S OBLIGATIONS
3.1 Development of the Project-, Planned Development.
Developer shall construct the Project on the Site in accordance with the Development
Plan. The Project shall consist of a mixed -use residential and commercial development with the
following components:
(A) a mid -price suites hotel containing approximately one hundred thirty-four (134)
guest rooms ("Suites Hotel") to be constructed on a portion of the Site, as depicted on the Site
Map (the "Suites Hotel Parcel");
(B) a resort -style condominium/casitas project containing approximately one hundred
thirty-six (136) condominium/casitas units ("Casitas Development") to be constructed on a
portion of the Site, as depicted on the Site Map (the "Casitas Development Parcel(s)");
(C) a residential development containing approximately thirteen (13) "courtyard
cluster villas" homes ("Villas Residential Development") to be constructed on a portion of the
Site, as depicted on the Site Map (the "Villas Residential Development Parcel");
(D) a residential development containing approximately fifty-four (54) homes
consisting of approximately twenty-nine (29) "Courtyard Cluster Homes" and approximately
twenty-five (25) "Perimeter Homes" (collectively, the "Cluster/Perimeter Residential
Development"), to be constructed on a portion of the Site, as depicted on the Site Map
("Cluster/Perimeter Residential Development Parcel"), with
(i) fourteen (14) of the homes ("Unrestricted Cluster/Perimeter Component")
within the Cluster/Perimeter Residential Development to be sold on a market rate basis; and
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(ii) forty (40) of the homes ("Affordable Housing Component") within the
Cluster/Perimeter Residential Development to be marketed and sold to moderate income buyers
at an affordable housing cost (as those terms are defined in Health & Safety Code Section
50093);
(E) two (2) restaurants (the "Restaurants");
(F) a medical office/surgical facility ("Medical Office/Surgical Facility") to be
constructed on a portion of the Site (the "Medical/Office/Surgical Facility Parcel(s)"); and
(G) a development containing approximately twenty-six (26) sanctuary villas
("Sanctuary Villas Development") to be constructed on a portion of the Site, as depicted on the
Site Map (the "Sanctuary Villas Parcel(s)");
The Site Map is not a tract map and the parcels depicted there are not legal parcels. Upon
Developer's preparation of a tract map that creates legal parcels substantially consistent with the
Site Map, Developer shall prepare legal descriptions for each of the Suites Hotel Parcel, the
Casitas Development Parcel(s), the Villas Residential Development Parcel, the Cluster/Perimeter
Residential Development Parcel, the Medical Office/Surgical Facility Parcel(s), and the
Sanctuary Villas Parcel(s), and Agency and Developer shall cooperate to attach such legal
descriptions to any document where such legal descriptions are required.
The Villas Residential Development, the Cluster/Perimeter Residential Development, the
Sanctuary Villas Development, and the Casitas Development shall each constitute a Planned
Development, and shall be developed and operated in compliance with Section 1350, et M. of
the Civil Code.
3.2 Conditions of Approval.
The Conditions of Approval attached hereto as Exhibit `B" include and incorporate the
mitigation measures of the Revised Mitigated Negative Declaration so that significant
environmental effects will be mitigated or avoided. The Developer shall also comply with the
mitigation monitoring program set forth in Exhibit "C" attached hereto (the "Mitigation
Monitoring Program"). Developer acknowledges that additional Conditions of Approval beyond
those set forth in Exhibit `B" may be applicable to the Project if and as associated with future
Project approvals including but not limited to Site Development Permits and Project Tract Maps.
3.3 Covenants, Conditions and Restrictions.
3.3.1 Recordation of Covenants, Conditions and Restrictions and Establish-
ment of Casitas Development Homeowner Association.
Prior to, and as a condition of, the City's issuance of any building permits for the Casitas
Development, the Developer shall submit to the City, obtain approval thereof, and record,
covenants, conditions and restrictions against the Casitas Development Parcel which, in addition
to the obligations set forth in the Conditions of Approval, shall (i) establish a homeowner's
association for the Casitas Development (the "Casitas Development HOA"); (ii) provide for the
Casitas Development HOA's payment of the fees described in Sections 3.4.3 and 3.4.5; and (iii)
provide for the rental of each of the units in the Casitas Development through a national
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reservation system (unless Developer provides to the reasonable satisfaction of the City a
written, final, and binding determination by a governmental authority with jurisdiction, or the
written opinion, subject only to reasonable qualifications, of a qualified legal counsel, that
requiring the rental of units in the Casitas Development through a national reservation system
would mandate registration of the Casitas Development or the sale of such units as a "security"
within the meaning of applicable federal or state law or regulation).
3.3.2 Recordation of Covenants Conditions and Restrictions and
Establishment of Sanctuary Villas Development Homeowner
Association.
Prior to, and as a condition of, the City's issuance of any building permits for the
Sanctuary Villas Development, the Developer shall submit to the City, obtain approval thereof,
and record, covenants, conditions and restrictions against the Sanctuary Villas Parcels which, in
addition to the obligations set forth in the Conditions of Approval, shall (i) establish a
homeowner's association for the Sanctuary Villas Development (the "Sanctuary Villas
Development HOA"); (ii) provide for the Sanctuary Villas Development HOA's payment of the
fees described in Sections 3.4.4 and 3.4.6; and (iii) provide for the rental of each of the units in
the Sanctuary Villas Development through a national reservation system (unless Developer
provides to the reasonable satisfaction of the City a written, final, and binding determination by a
governmental authority with jurisdiction, or the written opinion of a qualified legal counsel,
subject only to reasonable qualifications, that requiring the rental of units in the Sanctuary Villas
Development through a national reservation system would mandate registration of the Sanctuary
Villas Development or the sale of such units as a "security" within the meaning of applicable
federal or state law or regulation).
3.4 Payments to City by Developer.
3.4.1 General.
During the Term of this Agreement, Developer or the applicable HOA, as applicable,
shall make the payments to City described in this Section 3.4. The payments under this Section
3.4 are not the exclusive development impact fees for the Project and nothing in this Section 3.4
shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other
development fees as permitted by applicable law.
3.4.2 Developer's Payments of One -Time Mitigation Fees.
a. Developer shall pay to the City, for each unit in the Casitas Development, with
such payment due upon the first close of escrow for each such unit, the sum of One Thousand
Five Hundred Dollars ($1,500).
b. Developer shall pay to the City, for each unit in the Sanctuary Villas
Development, with such payment due upon the first close of escrow for each such unit, the sum
of Two Thousand One Hundred Fifty Dollars ($2,150).
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3.4.3 Casitas Development Annual Mitigation Fee, Termination.
During the term of this Agreement, on each July 1 st following the Effective Date
("Annual Mitigation Payment Date"), the Casitas Development HOA shall pay to the City an
annual mitigation fee ("Casitas Development Annual Mitigation Fee") covering the annual
period of the prior July 1 through the June 30 occurring immediately preceding the Annual
Mitigation Payment Date (the "Operative Year") [provided, however, the first Operative Year
shall commence on the Effective Date of this Agreement and end on the next occurring June 30).
The Casitas Development Annual Mitigation Fee shall be the collective sum of One Hundred
Fifty Dollars ($150) [as the same may increase by the CPI in accordance with Section 3.4.7] for
each unit ("Casitas Development Unit Fee") in the Casitas Development that has been sold to a
purchaser, as evidenced by the close of escrow for such unit, prior to the applicable Annual
Mitigation Payment Date regardless of when or in which Operative Year the unit was sold.
Notwithstanding anything herein to the contrary, the Casitas Development Annual Mitigation
Fee shall not be required to be paid for any Operative Year in which the City has received
transient occupancy taxes derived from, collectively, the Suites Hotel Parcel, the Casitas
Development Parcel, and the Sanctuary Villas Parcel, which equals or exceeds Five Hundred
Forty -Six Thousand One Hundred Thirty -One Dollars ($546,131.00) [as the same may increase
by the CPI in accordance with Section 3.4.7] (the "Minimum Annual TOT Amount") for the
applicable Operative Year.
Notwithstanding the paragraph above, if the City has received the Minimum Annual TOT
Amount in each of three (3) consecutive Operative Years, the Casitas Development HOA's
obligation to pay the Casitas Development Annual Mitigation Fee shall be terminated and shall
be of no further force or effect.
3.4.4 Sanctuary Villas Development Annual Mitigation Fee,• Termination.
During the term of this Agreement, on each Annual Mitigation Payment Date, the
Sanctuary Villas Development HOA shall pay to the City an annual mitigation fee ("Sanctuary
Villas Development Annual Mitigation Fee") covering the annual period of the prior July 1
through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the
"Operative Year") [provided, however, the first Operative Year shall commence on the Effective
Date of this Agreement and end on the next occurring June 30). The Sanctuary Villas
Development Annual Mitigation Fee shall be the collective sum of One Hundred Fifty Dollars
($150) ) [as the same may increase by the CPI in accordance with Section 3.4.7] for each unit
("Sanctuary Villas Development Unit Fee") in the Sanctuary Villas Development that has been
sold to a purchaser, as evidenced by the close of escrow for such unit, regardless of when or in
which Operative Year the unit was sold. Notwithstanding anything herein to the contrary, the
Sanctuary Villas Development Annual Mitigation Fee shall not be required to be paid for any
Operative Year in which the City has received transient occupancy taxes derived from,
collectively, the Suites Hotel Parcel, the Casitas Development Parcel, and the Sanctuary Villas
Parcel, which equals or exceeds the Minimum Annual TOT Amount for the applicable Operative
Year.
Notwithstanding the paragraph above, if the City has received the Minimum Annual TOT
Amount in each of three (3) consecutive Operative Years, the Sanctuary Villas Development
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HOA's obligation to pay the Sanctuary Villas Development Annual Mitigation Fee shall be
terminated and shall be of no further force or effect.
3.4.5 Payment of Casitas Development Public Facilities Fee.
In addition to the other . payments required to be paid pursuant to this Section 3.4, the
Casitas Development HOA shall be required to pay to the City the sum of five percent (5%) of
any rental amount charged for occupancy of a unit in the Casitas Development which is rented
for a period of more than thirty (30) days (the "Casitas Development Public Facilities Fee"). The
Casitas Development Public Facilities Fee shall be due and payable to the City within thirty (30)
days after any such occupancy terminates, regardless of whether the rent, or any amount thereof,
was collected. If the unit is provided free of charge or at a discount, as consideration for a
service provided to the owner of the unit or to the Casitas Development HOA and/or for
promotional or marketing purposes, the rent shall be deemed to be the higher of (i) the value of
the services received; or (ii) the average rent of all of the units in the Casitas Development
during the period the unit was provided. Notwithstanding the foregoing, the requirement to pay
the Casitas Development Public Facilities Fee shall not apply in the case where an owner of a
Casitas Development unit provides his or her Casitas Development unit to a person who is a
relative of the owner, for no consideration, for a period of more than thirty (30) days.
3.4.6 Payment of Sanct3M Villas Development Public Facilities Fee.
In addition to the other payments required to be paid pursuant to this Section 3.4, the
Sanctuary Villas Development HOA shall be required to pay to the City the sum of five percent
(5%) of any rental amount charged for occupancy of a unit in the Sanctuary Villas Development
which is rented for a period of more than thirty (30) days (the "Sanctuary Villas Development
Public Facilities Fee"). The Sanctuary Villas Development Facilities Fee shall be due and
payable to the City within thirty (30) days after any such occupancy terminates, regardless of
whether the rent, or any amount thereof, was collected. If the unit is provided free of charge or
at a discount, as consideration for a service provided to the owner of the unit or to the Sanctuary
Villas Development HOA and/or for promotional or marketing purposes, the rent shall be
deemed to be the higher of (i) the value of the services received; or (ii) the average rent of all of
the units in the Sanctuary Villas Development during the period the unit was provided.
Notwithstanding the foregoing, the requirement to pay the Sanctuary Villas Development Public
Facilities Fee shall not apply in the case where an owner of a Sanctuary Villas Development unit
provides his or her Sanctuary Villas Development unit to a relative of the owner, for no
consideration, for a period of more than thirty (30) days.
3.4.7 Consumer Price Index Adjustments.
Each of the Casitas Development Annual Mitigation Fee, the Casitas Development Unit
Fee, the Sanctuary Villas Development Annual Mitigation Fee, the Sanctuary Villas
Development Unit Fee, and the Minimum Annual TOT Amount shall be adjusted annually, on
each May 1" during the term of this Agreement, by the Consumer Price Index for Urban Wage
Earners and Clerical Workers, Los Angeles -Riverside -Orange County average, All Items, 1982-
84 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the
"CPI"), by comparing the CPI existing on the immediately prior March 1st to the CPI existing on
the March I" of the previous year. No adjustment shall be made in any year in which there has
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been a decrease in the CPI. If the CPI is no longer published at any point during the Term of this
Agreement, a comparable index shall be selected by the parties.
3.4.8 Termination of Sanctuary Villas Development Fees.
In the event that, after the Developer constructs the Casitas Development, the escrow
pursuant to which the Developer is to acquire the Sanctuary Villas Parcel(s) from the La Quinta
Redevelopment Agency is terminated, or the City has otherwise determined that the Developer
will not construct the Sanctuary Villas Development, the City and Developer agree to execute
and record any document reasonably required by the Riverside County Recorder's Office to
terminate the provisions contained in this Development Agreement as they pertain to the
Sanctuary Villas Development. From and after such termination the Developer shall have no
rights or obligations under this Agreement with respect to the Sanctuary Villas Parcel(s).
3.4.9 Landscape Improvements Payment. Maintenance.
The City has applied for various grants (collectively, the "Landscape Grants") to partially
fund the cost of certain landscaping improvements (the "Landscaping Improvements") the City
desires to make to certain portions of the real property adjacent to the Site (the "Agency and City
Landscape Property"). The Landscape Improvements are estimated to cost approximately Nine
Hundred Eleven Thousand Two Hundred Forty -Six Dollars ($911,246). The Developer's
contribution towards the Landscape Improvements is Three Hundred Forty -Six Thousand Eleven
Dollars ($346,011) (the "Developer's Contribution"). In the event the City obtains the
Landscape Grants, Developer shall pay to the City the Developer's Contribution, pursuant to the
following:
(i) Developer shall pay to City One Hundred Fifteen Thousand Three
Hundred Thirty -Seven Dollars ($115,337) prior to, and as a condition of, the close of escrow
pursuant to which the Developer will purchase the real property on which the Developer will
construct the Suites Hotel;
(ii) Developer shall pay to City One Hundred Fifteen Thousand Three
Hundred Thirty -Seven Dollars ($115,337) prior to, and as a condition of, the close of escrow
pursuant to which the Developer will purchase the Sanctuary Villas Parcel(s); and
(iii) Developer shall pay to City One Hundred Fifteen Thousand Three
Hundred Thirty -Seven Dollars ($115,337) prior to, and as a condition of, the close of escrow
pursuant to which the Developer will purchase the first of the Cluster/Perimeter Residential
Development Parcel or Villas Residential Parcel.
Notwithstanding the payment schedule outlined above, the full amount of the
Developer's Contribution shall be due and payable to the City on or before May 20, 2004.
Notwithstanding anything in this Agreement to the contrary, if the City does not obtain
the Landscape Grants, (i) City shall not be obligated to construct the Landscape Improvements,
(ii) Developer shall not be obligated to pay to City the Developer's Contribution, and (iii)
Developer shall be obligated to construct on the Agency and City Landscape Property landscape
improvements in accordance with the standards set forth in the Landscaping Plan that was
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approved as part of the various Site Development Permits for the Project, in accordance with
Section 312 of the DDA (the "Developer Landscape Improvements").
Developer agrees to maintain, in perpetuity, the Landscape Improvements or the
Developer Landscape Improvements, as applicable. City and Developer agree to execute an
Easement Agreement, in the form attached to the DDA as Attachment No. 12, for purposes of
providing Developer access to the Agency and City Landscape Property in order to perform
Developer's obligations pursuant to this Section.
3.4.10 Other Fees and Charges; Assessment Appeals.
Nothing set forth in this Agreement is intended or shall be construed to limit or restrict
the City's authority to impose its existing, or any new or increased, fees, charges, levies, or
assessments for the development of the Site, or to impose or increase, subject to the required
procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes,
provided nothing set forth herein, subject to the next sentence, is intended or shall be construed
to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge,
levy, assessment, or tax imposed. Developer agrees that it shall not to take any action, including
any assessment appeal, to decrease the assessed value of any of the Site or any portion thereof
below the final assessed value at the time the development of the Site or separate parcel thereof
is completed; provided, however, the foregoing restriction on challenging or appealing
assessments shall not apply to individual homeowners who have purchased units on the Villas
Residential Development Parcel or the Cluster/Perimeter Residential Development Parcel.
Developer shall timely pay all applicable fees, charges, levies, assessments, and special and
general taxes validly imposed in accordance with the Constitution and laws of the State of
California, including without limitation school impact fees in accordance with Government Code
§§ 65995, et seq.
3.5 Park Improvements.
Developer agrees to develop a neighborhood park on that certain City -owned property,
which is identified as "Lot 6" in the Site Map (the "City Park Property"), in accordance with the
list of park improvements set forth in Exhibit "D" hereto (the "Park Improvements") and all
applicable City and State laws and regulations. Prior to Developer's entry onto the City Park
Property, Developer shall enter into an Early Entry Agreement with the City substantially in the
form of which is attached hereto as Exhibit " E". The Park Improvements shall be completed and
accepted by the City prior to, and as a condition of, the City's final inspection of the first unit in
the earlier of the Villas Residential Development Parcel or the Cluster/Perimeter Residential
Development Parcel.
3.6 Dedications and Improvements.
Developer shall offer dedications to the City or other applicable public agency, or
complete those public improvements in connection with the Project, as specified in the
Conditions of Approval.
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3.7 Indemnification.
a. The Developer agrees to and shall indemnify, hold harmless, and defend, the City
and the Agency and their respective officers, officials, members, agents, employees, and
representatives, from liability or claims for death or personal injury and claims for property
damage which may arise from the acts, errors, and/or omissions of the Developer or its
contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to
the Project and/or this Agreement. The foregoing indemnity applies to all deaths, injuries, and
damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts,
errors, and/or omissions referred to in this paragraph, regardless of whether or not the City
prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not
the insurance policies referred to in this Agreement are applicable. In the event of litigation, the
City agrees, at no cost to the City, to cooperate with the Developer.
b. In the event of any court action or proceeding challenging the validity of this
Agreement or the Revised Mitigated Negative Declaration, the Developer shall indemnify, hold
harmless, pay all costs and provide defense for the City in said action or proceeding with counsel
chosen by Developer and reasonably approved by the City. The City shall, at no cost to the City,
cooperate with the Developer in any such defense as Developer may reasonably request. In the
event the Developer fails or refuses to provide such defense of any challenge to this Agreement
or the Revised Mitigated Negative Declaration, City shall have the right not to defend such
challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including
terminating this Agreement.
3.8 Insurance.
Before beginning construction on the Site, the Developer shall cause the insurance
required under this paragraph to be issued and thereafter to be maintained until one (1) year
following the later of (i) the date City issues the last certificate of occupancy needed for the
initial occupancy of the last portion of the Project, or (ii) the date the City signs off on the last
final inspection of the last of the Project improvements.
Developer shall procure and maintain:
a, A policy of commercial general liability insurance written on a per occurrence
basis in an amount not less than: (A) for death and bodily injury, either (i) a combined single
limit of Three Million Dollars ($3,000,000) or (ii) Three Million Dollars ($3,000,000) per person
and Three Million Dollars ($3,000,000) per occurrence, and Three Million Dollars ($3,000,000)
in the aggregate, and (B) for property damage, Three Million Dollars ($3,000,000) per
occurrence.
b. A policy of worker's compensation insurance in such amount as will fully comply
with the laws of the State of California and which shall indemnify, insure, and provide legal
defense for both the Developer and City against any loss, claim or damage arising from any
injuries or occupational diseases occurring to any worker employed by or any persons retained
by Developer in the course of carrying out the work or services contemplated in this Agreement.
C. A policy of comprehensive automobile liability insurance written on a per
occurrence basis in an amount not less than either (i) bodily injury liability limits of Three
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Million Dollars ($3,000,000) per person and Three Million Dollars ($3,000,000) per occurrence,
and property damage liability limits of Three Million Dollars ($3,000,000) per occurrence and
Three Million Dollars ($3,000,000) in the aggregate or (ii) combined single limit liability of
Three Million Dollars ($3,000,000). Said policy shall include coverage for owned, non -owned,
leased, and hired cars.
The following additional requirements shall apply to all of the above policies of
insurance:
(i) All of the above policies of insurance shall be primary insurance and,
except the Worker's Compensation insurance, shall name City, the Agency, and their respective
officers, officials, members, employees, agents, and representatives as additional insureds.
(ii) The insurer shall waive all rights of subrogation and contribution it may
have against City, Agency, and their respective officers, officials, members, employees, agents,
and representatives, and their respective insurers.
(iii) All of said policies of insurance shall provide that said insurance may not
be amended or cancelled without providing thirty (30) days' prior written notice to City and
Agency.
(iv) The policies of insurance required by this Agreement shall not require
Developer to meet a deductible of more than Twenty -Five Thousand Dollars ($25,000) unless
approved in writing by the City Manager in his or her sole and absolute discretion.
In the event any of said policies of insurance are cancelled, the Developer shall, prior to
the cancellation date, submit new evidence of insurance in conformance with this Section to the
City Manager.
Not later than the Reference Date of this Agreement, Developer shall provide the City
Manager with Certificates of Insurance or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance or binders shall be subject to the
reasonable approval of the City Manager.
Developer agrees that the provisions of this Section shall not be construed as limiting in
any way Developer's indemnity obligations set forth in Section 3.7 or the extent to which
Developer may be held responsible for the payment of damages to any persons or property
resulting from the Developer's activities or the activities of any person or persons for which the
Developer is otherwise responsible.
4.0 CITY' S OBLIGATIONS
4.1 Scone of Subseauent Review/Confirmation_ of Compliance Process.
Nothing set forth herein shall impair or interfere with the right of the City to require the
processing of building permits as required by law pursuant to the applicable provisions of the La
Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and
Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes.
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Prior to each request for a building permit, Developer shall provide City with a
Compliance Certificate ("Certificate") in a form created by Developer and approved by the City,
which shall describe how all applicable Conditions of Approval have been fully complied with.
The Certificate shall be distributed to relevant City departments for checking the representations
made by Developer on the Certificate.
4.2 Project Approvals Independent.
All approvals required for the Project which may be or have been granted, and all land
use entitlements or approvals generally which have been issued or will be issued by the City with
respect to the Project, constitute independent actions and approvals by the City. If any provision
of this Agreement or the application of any provision of this Agreement to a particular situation
is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement.
terminates for any reason, then such invalidity, unenforceability or termination of this Agreement
or any part hereof shall not affect the validity or effectiveness of any such Project approvals or
other land use approvals and entitlements. In such cases, such approvals and entitlements will
remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is
understood by the parties to this Agreement that pursuant to existing law, if this Agreement
terminates or is held invalid or unenforceable as described above, such approvals and
entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the
term of such approvals and entitlements.
4.3 Review for Compliance.
The City shall review this Agreement at least once during every twelve (12) month period
following the Effective Date of this Agreement, in accordance with the City's procedures and
standards for such review set forth in the City's Development Agreement Ordinance. During
such periodic review by the City, the Developer, upon written request from City, shall be
required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with
the terms hereof. The failure of the City to conduct or complete the annual review as provided
herein or in accordance with the Development Agreement Act shall not impact the validity of
this Agreement. If, at the conclusion of the annual review provided for herein, Developer shall
have been found in compliance with this Agreement, City, through the City's Community
Development Director, shall, at Developer's written request, issue a Certificate of Compliance to
Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in
compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and
shall contain information necessary to communicate constructive record notice of the finding of
compliance. Developer, at its option and sole cost, may record the Certificate of Compliance.
5.0 DEFAULT, REMEDIES: DISPUTE RESOLUTION.
5.1 Notice of Default.
In the event of failure by either party hereto substantially to perform any material term or
provision of this Agreement, the non -defaulting party shall have those rights and remedies
provided herein, provided that such non -defaulting party has first provided to the defaulting party
a written notice of default in the manner required by Section 8.1 hereof identifying with
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specificity the nature of the alleged default and the manner in which said default may
satisfactorily be cured.
5.2 Cure of Default.
Upon the receipt of the notice of default, the alleged defaulting party shall promptly
commence to cure, correct, or remedy the identified default at the earliest reasonable time after
receipt of the notice of default and shall complete the cure, correction or remedy of such default
not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the
notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied
within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence
to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period
for non -monetary defaults], shall and continuously and diligently prosecute such cure, correction
or remedy to completion.
5.3 City Remedies.
In the event of an uncured default by Developer of the terms of this Agreement, the City,
at its option, may institute legal action in law or in equity to cure, correct, or remedy such
default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement;
provided, however, that (i) City and Developer agree that City's right to pursue damages is
limited to the then -outstanding loan balance under that certain Note, executed by Developer, as
"Maker," in favor of Agency, as "Holder," pursuant to the DDA, and (ii) in no event shall City
be entitled to consequential damages for any Developer default. For purposes of this Agreement
the term "consequential damages" shall include, but not be limited to, potential loss of
anticipated tax revenues from the Project or any portion thereof. Furthermore, the City, in
addition to or as an alternative to exercising the remedies set forth in this Section 5.3, in the
event of a material default by Developer, may give notice of its intent to terminate or modify this
Agreement pursuant to the City's Development Agreement Ordinance and/or the Development
Agreement Act, in which event the matter shall be scheduled for consideration and review by the
City Council in the manner set forth in the City's Development Agreement Ordinance or the
Development Agreement Act.
5.4 Developer's Exclusive Remedy.
The parties acknowledge that the City would not have entered into this Agreement if it
were to be liable in damages under or with respect to this Agreement or any of the matters
referred to herein including but not limited to the Development Plan, Conditions of Approvals,
the Existing Development Regulations or any future amendments or enactments thereto, or the
Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself
and its successors and assigns, not to sue the City for damages or monetary relief for any breach
of this Agreement by City or arising out of or connected with any dispute, controversy, or issue
between Developer and City regarding this Agreement or any of the matters referred to herein
including but not limited to the application, interpretation, or effect of this Agreement, the
Development Plan, the Conditions of Approval, the Existing Development Regulations or nay
future amendment or enactments thereto, or any land use permit or approval sought in
connection with the development of the Project or any component thereof, or use of a parcel or
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any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and
specific performance shall be Developer's sole and exclusive judicial remedies.
6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE
6.1 Encumbrances on the Project Site.
This Agreement shall not prevent or limit the Developer from encumbering the Site or
any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and
leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof
or interest therein, is pledged as security, and contracted for in good faith and fair value
(a "Mortgage") securing financing with respect to the construction, development, use or
operation of the Project.
6.2 Mortgage Protection.
This Agreement shall be superior and senior to the lien of any Mortgage.
Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid,
diminish, or impair the lien of any Mortgage made in good faith and for value, and any
acquisition or acceptance of title or any right or interest in or with respect to the Site or any
portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or
assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in
lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and
conditions of this Agreement.
6.3 Mortgagee Not Obligated.
No Mortgagee will have any obligation or duty under this Agreement to perform the
obligations of the Developer or other affirmative covenants of Developer hereunder, or to
guarantee such performance, except that (i) the Mortgagee shall have no right to develop or
operate the Site, and (ii) to the extent that any covenant to be performed by the Developer is a
condition to the performance of a covenant by the City, the performance thereof shall continue to
be a condition precedent to the City's performance hereunder.
6.4 Notice of Default to Mortgagee, Right of Mortgagee to Cure.
City shall, upon written request to the City, deliver to each Mortgagee a copy of any
notice of default given to Developer under the terms of this Agreement, at the same time of
sending such notice of default to Developer. The Mortgagee shall have the right, but not the
obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of
such notice from City, to cure, correct, or remedy the default, or, for such defaults that cannot
reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non -
monetary defaults], to commence to cure, correct, or remedy the default within such five (5) day
period [or thirty (30) day period for non -monetary defaults], and to continuously and diligently
prosecute such cure to completion. If the default is of a nature which can only be remedied or
cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the
right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or
otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is
reasonably necessary to cure or remedy said default but in no event more than thirty (30) days
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after obtaining possession. If any such default cannot, with diligence, be remedied or cured
within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to
effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty
(30) day period, and thereafter diligently pursues and completes such cure.
7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT
7.1 Prohibition.
The qualifications and identity of the Developer as the developer of high quality
commercial developments are of particular concern to the City. Furthermore, the parties
acknowledge that the City has negotiated the terms of this Agreement in contemplation of the
development and operation of the Project on the Site and the tax revenues to be generated by the
operation of the Project on the Site and other benefits accruing to the City from the Project.
Accordingly, until the date the Agency, pursuant to the DDA, issues a Release of Construction
Covenants for the final Phase of Development (as defined in the DDA) to be constructed on the
Site (the "Completion of Construction Date"), (a) no voluntary or involuntary successor in
interest of the Developer shall acquire any rights or powers under this Agreement, (b) nor shall
the Developer make any total or partial sale, transfer, conveyance, assignment, subdivision,
refinancing or lease of the whole or any part of the Site or the Project thereon (collectively
referred to herein as a "Transfer"), except as provided in this Section 7.
7.2 Transfers Prior to Completion of Project.
Prior to the Completion of Construction Date, the City may approve or disapprove a
proposed Transfer in its sole and absolute discretion; provided that the City agrees to reasonably
consider a proposed Transfer to an entity in which the Developer or Richard Oliphant retains a
minimum of fifty-one percent (51 %) of the ownership or beneficial interest and retains
management and control of the transferee entity. The City may condition its approval of such a
proposed Transfer prior to the Completion of Construction Date (other than transfers approved
pursuant to the immediately preceding sentence) upon the payment of one-half of the net
proceeds of the Transfer.
Notwithstanding the foregoing, City approval of a Transfer prior to the
Completion of Construction Date shall not be required in connection with any of the following:
a. The conveyance or dedication of any portion of the Site to the City or other
appropriate governmental agency, or the granting of easements or permits to facilitate
construction of the Project (as defined herein).
b. Any assignment for financing purposes (subject to such financing being permitted
pursuant to, and subject to, the DDA), including the grant of a deed of trust to secure the funds
necessary for land acquisition, construction and permanent financing of the Project or of a Phase
of Development.
C. A transfer of any of the Suites Hotel, the Suites Hotel Parcel, the Casitas
Development, or the Casitas Development Parcel(s), to Center Point Hotel Development, LLC, a
California limited liability company.
394/015610-0061
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d. A transfer of the Villas Residential Development Parcel or Cluster/Perimeter
Residential Parcel to (i) Ehline Development Co., a California corporation ("Ehline"), or (ii) a
limited liability company or limited partnership to be formed by Ehline, and in which Ehline is
the managing member of the liability company or the general partner of the limited partnership.
e. A transfer of the Sanctuary Villas Development or Sanctuary Villas Parcel(s) to
Center Point Sanctuary, LLC, a California limited liability company.
f. A transfer of the Medical Office/Clinic or parcel(s) on which that use is
developed to Medical Service Center of La Quinta, LLC, a California limited liability company
intended to be formed by Developer.
In the event of a Transfer by Developer under subparagraphs (a) through (f) above not
requiring the City's prior approval, Developer nevertheless agrees that at least thirty (30) days
prior to such Transfer it shall give written notice to City of such assignment and satisfactory
evidence that the assignee has assumed in writing through an assignment and assumption
agreement of all obligations (or specifically listed and defined obligations with respect to
Transfers for a portion of the Site) of Developer of this Agreement. In the event such transfer is
under subparagraphs (d), or (f) above (other than a transfer to Ehline), Developer shall, along
with the notice required to be given pursuant to the immediately preceding sentence, provide
City with evidence that such proposed transferee entity has been duly formed in accordance with
the laws of the State of California.
7.3 Assignment and Assumption of Obligations.
Developer shall provide to City an assignment and assumption agreement in a form
reasonably satisfactory to the City's legal counsel for all proposed Transfers requiring the City's
approval.
7.4 Successors and Assigns.
All of the terms, covenants and conditions of this Agreement shall be binding upon the
Developer and its permitted successors and assigns. Whenever the term "Developer" is used in
this Agreement, such term shall include any other permitted successors and assigns as herein
provided.
7.5 Assignment b-City.
City may assign or transfer any of its rights or obligations under this Agreement with the
approval of the Developer, which approval shall not be unreasonably withheld.
8.0 MISCELLANEOUS
8.1 Notices.
All notices permitted or required hereunder must be in writing and shall be effected by (i)
personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii)
reputable same -day or overnight delivery service that provides a receipt showing date and time
394/015610-0061
390243.13 a12/17/03 -18-
of delivery, addressed to the following parties, or to such other address as any party may from
time to time designate in writing in the manner as provided herein:
To City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Community Development Director
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: M. Katherine Jenson
To Developer: CP Development La Quinta, LLC
Attn: Richard Oliphant
77-900 Avenue of the States
Palm Desert, CA 92211
Telephone: (760) 776-9900
Facsimile: (760) 776-9971
With a copies to: Genesis Hotel Development, LLC
76890 Sandpiper Drive
Indian Wells, CA 92210
Attn: Francis A. Wong
Telephone: (760) 360-7886
Facsimile: (760) 345-7175
and Selzer, Ealy, Hemphill & Blasdel, LLP
777 E. Tahquitz Canyon Way, Suite 328
Palm Springs, CA 92262
Attn: Emily Perri Hemphill, Esq.
Telephone: (760) 320-5977
Facsimile: (760) 320-9507
Any written notice, demand or communication shall be deemed received immediately if
personally delivered or delivered by delivery service, and shall be deemed received on the third
day from the date it is postmarked if delivered by registered or certified mail.
8.2 Force Majeure.
In addition to specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default where delays or failures to perform are due to
war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts
of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes,
governmental restrictions imposed or mandated by other governmental entities, governmental
restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools
necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another
party, acts or the failure to act of any public or governmental agency or entity (except that acts or
the failure to act of the City or the Agency shall not excuse performance by the City) or any
394/015610-0061
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other causes beyond the control or without the fault of the party claiming an extension of time to
perform. An extension of time for any such cause shall only be for the period of the enforced
delay, which period shall commence to run from the time of the commencement of the cause.
Times of performance under this Agreement may also be extended in writing by the City and the
Developer.
Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section
8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining
suitable construction or permanent financing for the development of the Site, or because of
economic or market conditions.
8.3 Binding Effect.
This Agreement, and all of the terms and conditions hereof, shall be binding upon and
inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the
Site, and their respective assigns, heirs or successors in interest, whether or not any reference to
this Agreement is contained in the instrument by which such person acquired an interest in the
Project or the Site.
8.4 Independent Entity.
The parties acknowledge that, in entering into and performing this Agreement, each of
the Developer and the City is acting as an independent entity and not as an agent of the other in
any respect.
8.5 Agreement Not to Benefit Third Parties.
This Agreement is made for the sole benefit of the parties, and no other person shall be
deemed to have any privity of contract under this Agreement nor any right to rely on this
Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on
this Agreement nor be deemed to be a third party beneficiary under this Agreement.
Notwithstanding the immediately preceding sentence, the Agency shall be an intended third
party beneficiary to this Agreement.
8.6 Covenants.
The provisions of this Agreement shall constitute mutual covenants which shall run with
the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall
bind and inure to the benefit of each of the parties hereto and all successors in interest to the
parties hereto for the term of this Agreement.
8.7 Nonliability of City Officers and Employees.
No official, officer, employee, agent or representative of City, acting in his/her official
capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs,
damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any
act or omission on the part of City.
394/015610-0061 _20_
390243.13 a12/17/03
8.8 Covenant Against Discrimination.
Developer and City covenant and agree, for themselves and their respective successors
and assigns, that there shall be no discrimination against, or segregation of, any person or group
or persons on account of race, color, creed, religion, sex, marital status, national origin or
ancestry, or any other impermissible classification, in the performance of this Agreement.
Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101, et seq.).
8.9 Amendment of Agreement.
This Agreement may be amended from time to time by mutual consent of the original
parties or such party to which the Developer assigns all or any portion of its interest in this
Agreement, in accordance with the provisions of the City's Development Agreement Ordinance
and Government Code Sections 65867 and 65868.
8.10 No Waiver.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a waiver is
sought and referring expressly to this Section. No delay or omission by either party in exercising
any right or power accruing upon non-compliance or failure to perform by the other party under
any of the provisions of this Agreement shall impair any such right or power or be construed to
be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the
covenants or conditions to be performed by the other party shall be construed or deemed a
waiver of any succeeding breach or nonperformance of the same or other covenants and
conditions hereof.
8.11 Severability.
If any term, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall continue in full force and effect, to the extent that the invalidity or
unenforceability does not impair the application of this Agreement as intended by the parties.
8.12 Cooperation in CgMing Out Agreement.
Each party shall take such actions and execute and deliver to the other all such further
instruments and documents as may be reasonably necessary to carry out this Agreement in order
to provide and secure to the other party the full and complete enjoyment of its rights and
privileges hereunder.
8.13 Estoppel Certificate.
Any party hereunder may, at any time, deliver written notice to any other party requesting
such party to certify in writing that, to the best knowledge of the certifying party, (i) this
Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement
has not been amended or modified either orally or in writing, or if so amended, identifying the
amendments, (iii) the requesting party is not in default in the performance of its obligations
394/015610-0061
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under this Agreement, or if in default, describing the nature and amount of any such defaults, and
(iv) any other reasonable information requested. A party receiving a request hereunder shall
execute and return such certificate within ten (10) days following approval of the proposed
estoppel certificate by the City Attorney, which approval shall not be unreasonably withheld or
delayed. The City Manager, Assistant City Manager, and Community Development Director are
each authorized to sign and deliver an estoppel certificate on behalf of the City. City
acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.
8.14 Construction.
This terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction that might otherwise apply. As used in this
Agreement, and as the context may require, the singular includes the plural and vice versa, and
the masculine gender includes the feminine and vice versa.
8.15 Recordation.
This Agreement shall be recorded with the County Recorder of Riverside County at
Developer's cost, if any, within the period required by Government Code Section 65868.5.
Amendments approved by the parties, and any cancellation or termination of this Agreement,
shall be similarly recorded.
8.16 Captions and References.
The captions of the paragraphs and subparagraphs of this Agreement are solely for
convenience of reference, and shall be disregarded in the construction and interpretation of this
Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and
exhibits of this Agreement.
8.17 Time.
Time is of the essence in the performance of this Agreement and of each and every term
and condition hereof as to which time is an element.
8.18 Recitals & Exhibits Incorporated; Entire Agreement.
The Recitals to this Agreement and all of the exhibits and attachments to this Agreement
are, by this reference, incorporated into this Agreement and made a part hereof. This
Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the
parties with respect to the subject matter of this Agreement, and this Agreement supersedes all
previous negotiations, discussions and agreements between the parties, and no parole evidence of
any prior or other agreement shall be permitted to contradict or vary the terms hereof.
8.19 Exhibits.
Exhibits "A" — " E" to which reference is made in this Agreement are deemed
appropriated herein in their entirety. Said exhibits are identified as follows:
394/015610-0061
390243.13 a12/17/03 -22-
A-1
Legal Description of Site
A-2
Site Map
B
Conditions of Approval
C
Mitigation Monitoring Program
D
Park Improvements
E
Early Entry Agreement
8.20 Counterpart Signature Pages.
For convenience the parties may execute and acknowledge this agreement in counterparts
and when the separate signature pages are attached hereto, shall constitute one and the same
complete Agreement.
8.21 Authority to Execute.
Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly
authorized to execute and deliver this Agreement, (iii) by so executing this Agreement,
Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into
and performance of its obligations set forth in this Agreement do not violate any provision of any
other agreement to which Developer is bound, and (v) there is no existing or threatened litigation
or legal proceeding of which Developer is aware which could prevent Developer from entering
into or performing its obligations set forth in this Agreement.
8.22 City Approvals and Actions.
Whenever a reference is made in this Agreement to an action or approval to be
undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of
the City unless specifically provided otherwise or the law otherwise requires.
8.23 Governing Law; Litigation Matters.
The internal laws of the State of California shall govern the interpretation and
enforcement of this Agreement without regard to conflicts of law principles. Any action at law
or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting
the validity of this Agreement or any provision hereof shall be brought in the Superior Court of
the State of California in and for the County of Riverside, or such other appropriate court in said
county, and the parties hereto waive all provisions of law providing for the filing, removal, or
change of venue to any other court. Service of process on City shall be made in accordance with
California law. Service of process on Developer shall be made in any manner permitted by
California law and shall be effective whether served inside or outside of California. In the event
of any action between the parties hereto seeking enforcement of any of the terms of this
Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation
shall be awarded, in addition to such relief to which such party is entitled, its reasonable
attorney's fees, expert witness fees, and litigation costs and expenses.
8.24 No Brokers.
Each of the City and the Developer represents to the other party that it has not engaged
the services of any finder or broker and that it is not liable for any real estate commissions,
394/015610-0061
390243.13 a12/17/03 -23-
broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold
harmless the other party from such commissions or fees as are alleged to be due from the party
making such representations.
[end — signature page follows]
394/015610-0061
390243.13 a12/17/03 -24-
IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as
of the Reference Date.
"DEVELOPER"
CP DEVELOPMENT LA QUINTA, LLC
a California limited liability company
By: Oliphant Family Trust
Its: Member
By.
Richard R. Oliphant
Its: Trustee
By: Oliphant Enterprises, Inc.
Its: Manager
By: _ ��" Q — ( r
Richard R. Oliphant
Its: President
"CITY"
CITY OF LA QUINTA, a California municipal
corporation
City Manager
.- -EST:
OGr k
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
394/015610-0061 -25-
390243.13 a12/17/03
Dec-17-03 11:38am From-RUTAN a TUCKER LLP 714-546-9035 T-293 P.13/17 F-582
IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as
of the Reference Date.
"DEVELOPER'
CP DEVELOPMENT LA QUINTA, LLC
a California limited liability company
By: Oliphant Family Trust
fts: Member
By_
Richard R. Oliphant
its: Trustee
By: Oliphant Enterprises, Inc.
Its: Manager
By: :�aQ Q— C
Richard R. Oliphant
Its: President
..CITY„
CITY OF LA QUINTA, a California municipal -
co
B
Y•
City Manager
ATTEST:
Iunee Greek
City Clerk
APPROVED AS TO FORM
A.Kath
& TUCKER, LLP
(ne4Jens
CityAttorney
3MO15010-wdl -25-
3qu243.13 m2/0/03
STATE OF CALIFORNIA )
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COUNTY OF ,�,i ex -b
On J" Cem�nloeet \`06as 3 , before me, .JLA- w e ISI C -' e jelc . ,
personally appearedca\-_cLyvL
personally known to me (or proved to me on the*basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
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STATE OF CALIFORNIA )
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COUNTY OF -4 e.X' s
On..]/e.cur.��r ��, a�3 , before me, .�+.we_. 5• ����
personally appeared —1_tim v%a_S DE "ems v e—se--
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
ublic
DUNE S. GREEK
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394/015610-0061 -26-
390243.13 a12/17/03
EXHIBIT "A-1"
LEGAL DESCRIPTION OF SITE
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE
7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 19,
ALSO BEING AND ANGLE POINT IN THE CENTERLINE OF MILES AVENUE AS
SHOWN ON TRACT NO. 23971-1, ON FILE IN BOOK 213 AT PAGES 25 THROUGH 30,
INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS;
THENCE SOUTH 00027'38" EAST, A DISTANCE OF 75.00 FEET TO A LINE PARALLEL
WITH AND 75.00 FEET SOUTHERLY OF SAID CENTERLINE OF MILES AVENUE AND
THE TRUE POINT OF BEGINNING;
THENCE NORTH 89033'22" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF
960.27 FEET;
THENCE NORTH 00026'40" WEST, A DISTANCE OF 20.00 FEET TO A LINE PARALLEL
WITH AND 55.00 FEET SOUTHERLY OF SAID CENTERLINE OF MILES AVENUE;
THENCE NORTH 89033'22" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE
OF 80.00 FEET;
THENCE SOUTH 0002640" EAST, A DISTANCE OF 112.88 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 440.00
FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
41 °42'33", AN ARC DISTANCE OF 320.30 FEET;
THENCE NON -TANGENT TO SAID CURVE SOUTH 44044'32" EAST, A DISTANCE OF
90.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 80.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
45027'41 ", AN ARC DISTANCE OF 63.48 FEET;
THENCE TANGENT TO SAID CURVE NORTH 89047'47" EAST, A DISTANCE OF 239.56
FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "C" AS DESCRIBED IN DEED
TO STAMKO DEVELOPMENT CO. RECORDED MAY 16, 1994 AS INSTRUMENT NO.
108979, O.R.
THENCE SOUTH 00012'13" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF
790.73 FEET TO AN ANGLE POINT THEREIN;
394/015610-0061
390243.13 a12/17/03 -1-
x,
THENCE SOUTH 43056'42 WEST ALONG THE SOUTHEASTERLY LINE OF SAID
PARCEL "C", A DISTANCE OF 510.61 FEET TO A POINT ON A NON -TANGENT CURVE,
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4565.17 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 42059'27" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND THE SOUTHWESTERLY LINE
OF SAID PARCEL "C" THROUGH A CENTRAL ANGLE OF 02057'46", AN ARC
DISTANCE OF 236.07 FEET;
THENCE NON -TANGENT TO SAID CURVE SOUTH 00017'57" EAST ALONG AN
EASTERLY LINE OF SAID PARCEL "C" A DISTANCE OF 11.03 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT A, BEING ON THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF THE COACHELLA VALLEY WATER DISTRICT FLOOD
CHANNEL AS SHOWN ON C.V.W.D. RIGHT-OF-WAY STATUS MAP DATED APRIL 4,
1968, DRAWING NO. 1758-10;
THENCE CONTINUING SOUTH 00017'57" EAST ALONG LAST SAID EASTERLY LINE
OF PARCEL "C", A DISTANCE OF 386.46 FEET;
THENCE NORTH 48009'56" WEST ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL "C", A DISTANCE OF 22.00 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL "C"
AND ITS NORTHWESTERLY PROLONGATION NORTH 64021'03" WEST, A DISTANCE
OF 444.84 FEET TO AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF PARCEL 2
AS DESCRIBED IN DEED TO THE LA QUINTA REDEVELOPMENT AGENCY
RECORDED AUGUST 4, 1995 AS INSTRUMENT NO.255528, O.R.
THENCE NORTH 58014'00" WEST ALONG SAID SOUTHWESTERLY LINE OF PARCEL
2, A DISTANCE OF 320.54 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE
WESTERLY AND HAVING A RADIUS OF 2072.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 86011'26" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
11 005'41 ", AN ARC DISTANCE OF 401.22 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 75033'02" EAST, A DISTANCE OF
4.22 FEET TO A POINT ON AFOREMENTIONED NORTHEASTERLY RIGHT-OF-WAY
LINE OF THE COACHELLA VALLEY WATER DISTRICT FLOOD CHANNEL, SAID
LINE BEING A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING
A RADIUS OF 2500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 17033'23"
EAST;
THENCE SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 00032'28", AN ARC DISTANCE OF 23.61 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT B, SAID POINT ALSO BEING ON A NON -TANGENT CURVE,
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2092.00 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 75053'46" EAST;
394/015610-0061
390243.13 a12/17/03 -2-
THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 07041'06", AN ARC DISTANCE OF 280.60 FEET;
THENCE NON -TANGENT TO SAID CURVE SOUTH 67006-56" WEST, A DISTANCE OF
20.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 2072.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 68013' 18" EAST;
THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 02012'44", AN ARC DISTANCE OF 80.00 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 67006'56" EAST, A DISTANCE OF
20.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 2092.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 66001'12" EAST;
THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 19058'08", AN ARC DISTANCE OF 729.11 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 00028'37" WEST, A DISTANCE OF
153.41 FEET TO A POINT ON A LINE PARALLEL WITH AND 75.00 FEET SOUTHERLY
OF THE AFOREMENTIONED CENTERLINE OF MILES AVENUE;
THENCE NORTH 89031'23" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF
487.01 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF SAID
NORTHEASTERLY RIGHT-OF-WAY LINE OF THE COACHELLA VALLEY WATER
DISTRICT FLOOD CHANNEL, SAID LINE BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT AFOREMENTIONED POINT A IN SAID NORTHEASTERLY RIGHT-OF-
WAY LINE, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 36057'27" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID NORTHEASTERLY
RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 18051'35", AN ARC
DISTANCE OF 822.91 FEET TO AFOREMENTIONED POINT B.
SUBJECT TO ALL RIGHTS -OF -WAY AND EASEMENTS OF RECORD. COMPRISING
42.47 ACRES (1,850,000 SQUARE FEET), MORE OR LESS.
394/015610-0061
390243.13 a12/17/03 -3-
P.O.C.
CTR. 1 /4 COR.
SEC. 19
S 00 `E
MILES AVENUE 75.00' -
5.00
N 89.31' 3" E 487.01' N 89'3'
N 00'28'37 W
153.41' 'n
T.P.O.B.
!y9
sy
S 0V26'40" E
112.88'
S 44'44.32" E
%�j 90,06, C
0 r 2
N 89'4T47" E
SITE 239.56'
to N s6'(R'1 " AREA-42.47 AC.
" L4 PORTION OF THE S. 1 /2 OF
1 " n SEC. 19, T.5S., R.7E., S.B.M.
(R)
n
L5 N 75'53'46" E
r R
vPR\ES L3 PT. B
1 "=300' kw�R/W
1 �T33'3" C�0
N 866E , C, R F c4
R
LINE DATA '03,
NUMBER
'DIRECTION
DISTANCE
L1
S 00'18 01 E
397.49
L2
N 48.09'56" W
22.00'
L3
N 75.33'02" E
4.22'
L4
N 67'06'56" E
20.00'
L5
S 6706 56" W
20:o0'
L6
N 00'2W_4 ,W
20.00'
L7
I N 89'33.22" E .
8.0.00'
II EXCEPTION
ro
PARCEL
PT. A
N 36'57.27" E
N (R)
CURVE DATA 1
NUMBER
DELTA
RADIUS JARC
LENGTH
TANGENT
C1
41'42'33"
440.00
320.30
167.62
02
45.27'41 "
80.00
63.48
33.52
C3
0757'46"
4565.17
236.07
118.06
C4
19'24'03" .
2500.00
846.52
427.35
C5
11'05'.41"
2072.00
401.22
201.24
C6
19*58'08"
2092.00
729.11
368.29
C7
0712'44"
.2072.00,
80.00
140.01
G8
07.41'06"
2092.00
280.60
140.51
C9
00'32'28"
2500.00
23.61
111.81
C l o
18'5`I'35"
2600.00
822.91
1415.21 '
w
L2
CIOeti Fqr�
Z
J.N. 1612
394/015610-0061
390243.13 a12/17/03 _4_
EXHIBIT "A-2"
SITE MAP
The Site Map is not a tract map and the parcels depicted there are not legal parcels. Upon
Developer's preparation of a tract map that creates legal parcels substantially consistent with the
Site Map, Developer shall prepare legal descriptions for each of the Suites Hotel Parcel, the
Casitas Development Parcel(s), the Villas Residential Development Parcel, the Cluster/Perimeter
Residential Development Parcel, the Medical Office/Surgical Facility Parcel(s), and the
Sanctuary Villas Parcel(s), and Agency and Developer shall cooperate to attach such legal
descriptions to any document where such legal descriptions are required.
LOTS LANDUSE *LOT
LOT t -RESTAURANT - °•34
LOT 2 - RESORT CASITAS *LOT •D•
149M s.l.
0.34 x
LOT 3 - RESORT CASITAS LOT 1
ISO V.
LOT 4 - RESORT CASITAS 0.99 °C'
LOT 5. - RESIDENTIAL
*LOT 8 - PARK
LOT 7 RESIDENTIAL *LOT'C•
14n7 Ff.
LOT 8 THE SANCTUARY 0.W «• 4
LOT 9 - THE SANCTUARY
LOT10 ' MEDICAL OFFICE BUILDINGS
LOT 11 MEDICAL OFFICE BUILDINGS
LOT 12 " MEDICAL OFFICE. BUILDINGS
LOT 13-- RESTAURANT
LOT 14 " -HOTEL * LOT 'E
54ee V
0.13 «.
COMMON LL,QTS LAND USE
LOT 'A - - - - - MEDICAL OFFICE PARKING / LANDSCAPE
LOT 'B - - - - - - - SEELEY. DRIVE
*LOT .'C- - - - - - - 20' PARKWAY.(WASHNOTON STREET)
* LOT '1 - - - " - CITY LANDSCAPE ENTRY
*LOT •E- - - - 20' PARKWAY (WASHINGTON STREET)
LOT •F -. - - - WELLSITE
* LOT •G -- " " WELLSITE (N.A.P.)
* LOT •H - - - 20' PARKWAY (MILES AVENUE)
*LOT 'r - - - - - - 20' PARKWAY (MILES AVENUE)
* sm af.
MILES AVENUE 0.12 «.
LOT 3
1 O 72 ..f.
LOT 4
11991 Of.
LOT 14 LOT 2
145994 ..f. OOL34 J
3.35 «. 1.27 «.
LOT 13
40013 J.
1.12 «. LOT 'A•
zeroes .J. LOT 12
0.47 «. 3157O35 f.
CL
LOT 10 315e5 .f, LOT 11
0.73 «. sxuof.
LOT 'A•
OT 'F'
ZQ 66441 f.
LOT 9
«f.
* Thm pwc& are not being conveyed by
the 1A Quint& Redeveloputent Agency'
They we depicted on this Site Map for
convenience of reference only.
r
V
LOT •G•
z00.51.
LOT
p
a.
2 O
*LOT 8
2.68 au
5:
ld
U
tl
C
7
s
0
LOT 7
3Oaf.
e.99.w «.
U
\
U
IM
�
LOTS
1W122 a/.
Q#
1111�
3.74 x
4'ORe
N.T.S.
NOVEMBER 21, 2003
394/015610-0061
390243.13 a12/17/03 - 1 -
EXHIBIT "B"
CONDITIONS OF APPROVAL
CITY COUNCIL RESOLUTION NO.2003-035
CONDITIONS OF APPROVAL - FINAL
SPECIFIC PLAN 2001-055, AMENDMENT #1
ADOPTED: JUNE 3, 2003
The Specific Plan document shall be modified to include the following:
The developer shall submit five final documents to the Community Development
Department prior to issuance of any permits.
1. The Developer agrees to defend, indemnify and hold harmless the City of La
Quinta (City), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or
any other application pertaining thereto. The City shall have sole discretion in
selecting its defense counsel.
2. Add to the Development Standards for Tourist Commercial, page 6, and Office
Commercial, Page 8, that the first 150 feet along Washington Street is limited to
structure heights of 22 feet.
3. Change, on Page 5 of the Specific Plan, Land Use Area I- 19.51 acre to 19.12-
acre.
4. Change, on page 6 of the Specific Plan, Land Use Area II- 11.32 acre to 11.10-
acre.
5. Add to Page 6 of the Specific Plan, Tourist Commercial Development Standards -
"Minimum perimeter building/landscape setback (in feet) from Cluster Villas at
the corner of Miles Avenue and Seeley Drive-18/10."
6. Add the following footnote to Page 6 of the Specific Plan, Tourist Commercial
Development Standards- Resort Casitas Maximum building height (ft.) 33*;
*within the first 60' along Miles Avenue, measured from the south side of the 20'
landscape setback parcel, the Maximum height of the Resort Casitas units is 22';
within the next 60' to 150' along Miles Avenue, the Maximum height of the
Resort Casitas units is 26'; the height may be 33' outside the 150' setback.
7. Change, on Page 7 of the Specific Plan, Medium Density Residential (RM)
Development standards- Attached Dwelling Units to Two-story Courtyard Single
Family Homes.
8. Eliminate on Page 7, Two-story Courtyard single family homes standard for the
minimum perimeter building/landscape setback from Tourist Commercial (casita
units) 5 feet.
394/015610-0061
390243.13 a12/17/03 -1-
9. Add on, Page 7, Two-story Courtyard single-family homes standard, Interior
street building/landscape setback 20 feet.
10. Add on, Page 7, Two-story Courtyard single-family homes standard, minimum
front yard setback 20 feet.
11. Change, on Page 7A of the Specific Plan, Medium Density Residential (RM)
Development standards- Single Family Cluster Courtyard to One- and Two -Story
Single Cluster Courtyard Villas.
12. Page 7A. Single Family Cluster Courtyard Dwelling Units Standards. Add an
Interior street building/landscape setback of 20 feet.
13. Page 7A. Single Family Cluster Courtyard Units. Change the setback from
Tourist Commercial (casita units) from 5 feet to 10 feet.
14. Page 7A. Single Family Cluster Courtyard Dwelling Units Standards. Change
the minimum perimeter building/landscape setback from Tourist Commercial
District from 5 feet to 10 feet.
15. Add the following footnote to Page 7A of the Specific Plan, Medium Density
Residential (RM) Development standards- One- and Two -Story Single Cluster
Courtyard Villas Building Height 28 ft*; *within the first 60' along Miles
Avenue, measured from the south side of the 20' landscape setback parcel, the
Maximum height of the One- and Two -Story Single Cluster Courtyard Villas
units is 22'; within the next 60' to 150' along Miles Avenue, the Maximum height
of the One- and Two -Story Single Cluster Courtyard Villas units is 26'; the height
may be 28' outside the 150' setback..
16. Page 16. On -Site Improvements. Move the last bullet point, The Public Works
Department shall consider the option to install a left turn pocket for Seeley Drive
southbound, north of Miles Avenue to the off -site improvement section.
17. Exhibit B and F is for illustrative purposes and is subject to modification based
upon the development standards in this Specific Plan and applicable Zoning
Development Standards.
18. Page 8. Land Use Area IV. Add C. Prohibited Uses: 1. Helicopter Landing
Areas; and, 2. Emergency Center.
19. Change, on Page 8 of the Specific Plan, Land Use Area III- 3.02-acre to 2.68-
acre.
20. Change, on page 8 of the Specific Plan, Land Use Area IV- 9.73-acre to 9.22-
acre.
21. Comply with the Coachella Valley Water District Letter dated January 30, 2002,
Attachment A, unless modified by the District.
394/015610-0061
390243.13 a12/17/03 -2-
22. Streets shall be 28 feet wide with 12 foot setbacks with no parking on one side of
the street for the One and Two Story Courtyard Villas located north of Seeley
Drive and west of the Park.
23. The grading plan shall be approved with the site development permit by the
Planning Commission.
24. The HOA shall maintain all common area landscaping in perpetuity.
25. The landscaping shall comply with the Water Efficiency Ordinance.
26. The boundary between the residential development and the park may be designed
with compatible uses.
27. Eliminate the last paragraph on Page 22 under Circulation Element.
28. Add Exhibits B-1 (Concept Plan- Development Parceling), B-2 (Concept Plan -
Medical & Surgical Center), and B-3 (Concept Plan- Boutique Hotel) to the
Specific Plan
394/015610-0061
390243.13 a12/17/03 -3-
Addendum for Environmental Assessment 2001-436
Planning Commission Resolution 2002-017
City Council Resolution 2002-07
I.a)&c)
The proposed project occurs at a high topographic point in the city, and is bordered on
the east and north by single family residential development. In order to assess the
potential impacts to the viewshed of these single family residential units, a visual impact
simulation was conducted.' The simulations were conducted for views from the east and
south to the west, and from the north and east to the south and west. The analysis clearly
demonstrates that the scale of the proposed project will not eliminate the views of
existing or future residential units to the surrounding mountains. The impacts of
structures on the project site will be less than significant.
III. a) & d)
Air quality in the Coachella Valley and the City is primarily affected by vehicular
emissions. The development of this project could generate up to 6,170 average daily
trips. Based on this trip generation, the project at buildout will generate the following
~%l L itante
Running Exhaust Emissions ounds/da
PM10 PM10 PM10
CO ROC NOx Exhaust Brakes Tires
50 mph 223.1 8.58 45.76 -- 0..95 0.95
Daily Threshold* 550 75 100 150
Based on 6,170 trips/day and average trip length of 7 miles, using EMFAC7G Model
provided by California Air Resources Board. Assumes catalytic light autos at 75°F. *
Operational thresholds provided by SCAQMD for assistance in determining the
significance of a project and the need for an EIR.
As demonstrated above, the operational impacts associated with air quality on the project site are
expected to be less than significant.
III.c)
The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10
microns or smaller). The construction of the proposed project has the potential to
generate dust, which could contribute to the PM 10 problem in the area. In order to
control PM10, the City has imposed standards and requirements on development to
control dust. The applicant will be required to submit such a plan prior to initiation of any
1 Visual Impact Simulations, The Keith Companies, December 2001.
2 "La Quinta Gateway Traffic Impact Analysis," prepared by Urban Crossroads, December
2001.
394/015610-0061
390243.13 a] 2/17/03 -1-
earth moving activity at the site. In addition, the potential impacts associated with PM10
can be mitigated by the mitigation measures below.
Construction equipment shall be properly maintained and serviced to minimize
exhaust emissions.
2. Existing power sources should be utilized where feasible via temporary power
poles to avoid on -site power generation.
3. Construction personnel shall be informed of ride sharing and transit opportunities.
4. Cut and fill quantities will be balanced on site.
5. Any portion of the site to be graded shall be pre -watered to a depth of three feet
prior to the onset of grading activities.
6. Watering of the site or other soil stabilization method shall be employed on an on-
going basis after the initiation of any grading activity on the site. Portions of the
site that are actively being graded shall be watered regularly to ensure that a crust
is formed on the ground surface, and shall be watered at the end of each work day.
7. All disturbed areas shall be treated to prevent erosion until the site is constructed
upon. Pad sites which are to remain undeveloped shall be seeded with either a
desert wildflower mix or grass seed, or chemical stabilizer.
8. Landscaped areas shall be installed as soon as possible to reduce the potential for
wind erosion. Perimeter landscaping on Avenue 52 and Jefferson Street, and the
retention basin landscaping shall be completed with the first phase of
development.
9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -
related dirt on approach routes to the site.
10. All grading activities shall be suspended during first and second stage ozone
episodes or when winds exceed 25 miles per hour.
11 All buildings on the project site shall conform to energy use guidelines in Title 24
of the California Administrative Code.
With the implementation of these mitigation measures, the impacts to air quality from
buildout will not be significant.
IV. a)
The proposed project is within the mitigation fee area for the Coachella Valley Fringe -
toed Lizard Habitat Conservation Plan, and will be required to pay fees to mitigate the
potential impact on this species. The payment of the fees serves to mitigate the impacts to
a less than significant level.
394/015610-0061
390243.13 a12/17/03 -2-
V.b)&d)
Several cultural resource studies were completed for the subject property.3 The surveys
included extensive testing and the excavation of a cremation site. The work done on the
site to date has been comprehensive, but additional resources may be buried within the
project area. As a result, to ensure that the potential impacts to cultural resources are
mitigated, the following mitigation measure shall be implemented:
1. During any and all earth moving activities on any portion of the project site, a
qualified archaeological monitor shall be present. The monitor shall be
empowered to stop or redirect activities on the site should a resource be identified.
A final report shall be filed with the Community Development Department prior
to issuance of a certificate of occupancy for any building on the project site.
VI. a) ii)
A geotechnical investigation was completed for the project site a The site occurs in a
seismic Zone IV. The site, as with the balance of the City, will be subject to strong
ground shaking during a seismic event. The City has implemented standards in the
Uniform Building Code to ensure the highest construction standards are applied to protect
against seismic hazard. These standards are expected to ensure that impacts associated
with seismic ground shaking are reduced to a less than significant level.
IX. b)
The proposed General Plan Amendment and Change of Zone will change the land uses
on the project site from High Density Residential and Park to Tourist Commercial,
Medium Density Residential, and Park. The surrounding land use designations include
Park, Low Density Residential and Watercourse. The change in land use represents a
natural extension of the land use plan, insofar as it places more intense land use (Tourist
Commercial) at the intersection of Miles and Washington, and steps down the land use
intensity as it proceeds easterly. The Medium Density Residential will be an effective
buffer to the existing and future low density development to the east and south. The
existing High Density Residential designation is a relatively intense land use, which
would not have been buffered from the Low Density development to the east. The
proposed General Plan and Change of Zone will therefore represent a less than significant
impact on the land use pattern in the City.
3 "Archaeological Monitoring Report, Miles Avenue Borrow Site," prepared by CRM Tech,
July 2001; "Final Report Archaeological Mitigation of Project Effects to a Native American
Cremation Found on Parcel Map No. 26860," prepared by CRM Tech, February 2001; "Final
Report Archaeological Testing and Site Evaluation on Parcel Map No. 26860," prepared by
CRM Tech, June 2000; "Phase I Archaeological Assessment of 54.65 Acres at the Southeast
Corner of Washington Street and Miles Avenue," prepared by Archaeological Advisory Group,
June 1999.
4 "Geotechnical Engineering Report," prepared by Earth Systems Southwest, November 2001.
394/015610-0061
390243.13 a12/17/03 -3-
XI. a)
A noise study was completed for the proposed project.5 The project site is currently
subject to high noise levels, and will continue to be impacted by noise as the project build
out. The noise levels will not be reduced to City standards without mitigation.
In order to achieve acceptable noise levels for the hotels and townhomes on the subject
property, the noise study proposes several setback areas for the construction of sound
walls, depending on the site design. These mitigation measures include sound walls
and/or berms ranging from 0 to 10 feet in height, and are variable depending on the finish
grade of the individual sites within the project. With the implementation of the mitigation
measures included in the noise study, however, noise levels on the site at buildout can be
reduced to an acceptable level. Since no Site Development Permit is proposed at this time
for any portion of the site, and specific mitigation cannot therefore be evaluated, the
following mitigation measures shall be implemented:
1. Any site development permit submitted for any portion of the site shall either:
a) Demonstrate conformance with the mitigation measures provided in the
"Revised Preliminary Acoustical Analysis" prepared by Gordon Bricken
& Associates on December 6, 2001; or
b) Submit a noise study specifically prepared for that site development
permit which demonstrates that the noise levels can be reduced on the site
to the noise standards in effect at the time of submittal of the application.
XIII. a)
The proposed development will have a less than significant impact on public services. All
areas of the proposed Specific Plan will be served by the County Sheriff and Fire
Department, acting under City contract. Site development will generate property tax,
transient occupancy tax and sales taxes which will offset the costs of added police and
fire services.
The project will be required to pay the mandated school fees as development occurs.
These fees mitigate the students generated, and offset the impacts to schools.
The collection of property tax, and the generation of sales tax will generate revenues to
the City to offset the added costs associated with the provision of municipal services. The
project will be required to participate in the City's Impact Fee Program, which helps to
offset roadway improvement costs.
XV. a)
A traffic study was conducted for the proposed project. 6 The study found that buildout of
the proposed project would generate up to 6,170 average daily trips, of which 310 would
5 "Revised Preliminary Acoustical Analysis," prepared by Gordon Bricken & Associates,
December 2001.
6 "La Quinta Gateway Traffic Impact Analysis," prepared by Urban Crossroads, December
2001.
394/015610-0061
390243.13 a12/17/03 -4-
occur during the AM peak, and 465 during the PM peak hour. The volume generated by
the proposed project, combined with the growth in traffic volumes on City streets from
other project in the area resulted in recommended mitigation measures in the study in
order to maintain City level of service standards. These mitigation measures are
enumerated below:
1. Miles Avenue and Washington Street shall be constructed to their full half -width
right-of-way with development of the first phase of the project.
2. A traffic signal shall be installed at the intersection of Seeley Drive and Miles
Avenue in conjunction, as warranted.
3. Access to the project from Washington Street shall be limited to right -in, right -out
only.
4. Left turn pocket on Seeley Drive, accessing westbound Miles Avenue, shall be a
minimum of 100 feet in length. Left turn pocket on westbound Miles Avenue,
accessing southbound Seeley Drive, shall be a minimum of 150 feet in length.
With the implementation of these mitigation measures, impacts of the project on the
City's circulation system shall be less than significant.
XVI. a)-f)
The buildout of the site will require service from utility providers. The overall impacts on
these services is not expected to be significant, insofar as these suppliers will charge the
businesses and residents for their services, and provide improvements to these services as
needed. In addition, connection fees will be required at construction of any project. These
fees and charges will mitigate the potential impacts to a less than significant level.
394/015610-0061
390243.13 a12/17/03 -5-
EXHIBIT "C"
MITIGATION MONITORING PROGRAM
PROJECT MONITORING CHECKLIST
(CEQA Mitigation Measures)
CITY OF LA QUINTA
MONITORING PROGRAM FOR CEQA COMPLIANCE
DATE: December 5, 2001
ASSESSORS PARCEL NO.:
CASE NO.: GPA 2001-083, ZC 2001-105, PROJECT LOCATION:
SP 2001-055
EA/EIR NO: 2001-436 APPROVAL DATE:
APPLICANT: City of La Quinta
Southeast corner of Washington Street
and Miles Avenue
In Process
THE FOLLOWING REPRESENTS THE CITY=S MITIGATION MONITORING PROGRAM IN
CONNECTION WITH THE MITIGATED NEGATIVE DECLARATION FOR THE ABOVE CASE NUMBER
SUMMARY
RESPONSIBLE FOR
TIMING
CRITERIA
COMPLIANCE
DATE
MITIGATION
MONITORING
CHECKED BY
MEASURES
ITT ATT? (NTAT.TTV
Maintain construction
Contractor.
Project Construction.
SCAQMD standards.
equipment.
Utilize temporary power.
City Engineer.
Prior to issuance of
IID standards.
grading permits.
Balance cut and fill on site.
City Engineer.
Project Construction.
Municipal Code.
Pre -water and stabilize
Building Department.
Prior to issuance of
PM10 Management
soils.
building ermits.
Plan.
Provide alternative
Community
Prior to the issuance of
TDM ordinance.
transportation.
Development
grading permits.
Department.
V_ CULTURAL RESOURCES
MEASURE•
Archaeological monitor to
Community
During earth moving.
City standards for
be on site during earth
Development and
cultural resource
moving.
Public Works
analysis.
Departments.
394/015610-0061
390243.13 a12/17/03
SUMMARY
RESPONSIBLE FOR
TIMING
CRITERIA
COMPLIANCE
DATE
MITIGATION
MONITORING
CHECKED BY
MEASURES
v1 ivnie'v
Conform to December 6,
Community
Site Development
Project review,
2001 Gordon Bricken &
Development
Permit review Plan
inspection.
Associates noise
Department, Building
check.
mitigation measures.
Department.
Alternatively, submit
Community
Site Development
Project review.
revised noise analysis,
Development
Permit review.
conforming to City
Department.
standards.
VV TDA1111r AN71r1Dr11i.AT1nN
Construct Miles &
City Engineer.
Project Construction.
Inspection.
Washington to ultimate
right-of-ways.
Install traffic signal at
City Engineer.
Construction or
Plan check.
Seeley and Miles.
warrants.
Limit access on
City Engineer.
Plan Check.
City standards for
Washington to right -in,
access.
right -out.
Left turn pockets to be 100
City Engineer.
Plan Check.
City standards for
foot minimum on Seeley to
roadway
Miles and 150 foot
improvements.
minimum on Miles to
Seeley.
394/015610-0061
390243.13 a12/17/03 -2-
EXHIBIT "D"
PARK IMPROVEMENTS
The Park Improvements shall include all of the following:
Appropriate irrigation, turf, landscaping and walkways. All hardscape shall be handicap
accessible.
2. A 20,000 square foot dog park which contains:
(1) A six foot high wrought iron fence around the entire park perimeter, with the
wrought iron fencing 2 inches on center 2 feet from the bottom, and 4 inches on
center 4 feet from the lower section to the top, and which contains a top rail. The
fence shall be centered on a 4-inch mow curb.
(2) The park area is to be divided, by fencing that meets the specifications listed in
(1) above, into two sections, with one section containing approximately 12,000
square feet, and the other section containing approximately 8,000 square feet.
(3) A double -entry gate system leading to both sections that is handicap accessible.
(4) A 6-foot wide maintenance gate into each section.
(5) *Two drinking fountains, to be acquired from Most Dependable Fountains (1-
800-831-3606; Model #400SM), with one fountain to be installed in each section
of the dog park.
(6) *Two benches, to be acquired from Playworld Systems (1-800-669-2585; Model
#ZZXX 1410), with one bench to be installed in each section of the dog park.
(7) *Two shade structures to be installed over the benches described in (6) above, to
be acquired from Shade Structures (1-800-50 SHADE) (must contain dimensions
of10'X10').
(8) *Two trash containers, to be acquired from Playworld Systems (Model
#ZZXX 1414, ZZXX 1415, ZZXX 1418, or ZZXX8060), with one trash container
to be installed in each section of the dog park.
3. A 5,000 square foot playground, which contains:
(1) A handicap accessible entry into the play area.
(2) *One playground structure designed for ages 2-12 years, to be acquired from
Playworld Systems (Model #500-0103).
(3) *One arch swing with two bays, to be acquired from Playworld Systems (Model
#SWING ARCH 500, #SWING ARCH 500-ADD).
(4) One wood product, to be acquired from Sof Fall Engineered Wood Fiber with felt
layer and swing/slide mats to be installed to meet industry standards for safety.
(5) One spring animal, to be acquired from Playworld Systems (Model #ZZXX0585
Speedy Racer).
(6) *One play panel, to be acquired from Playworld Systems (Model #ZZPD-SHOP).
(7) *One drinking fountain, to be acquired from Most Dependable Fountains (Model
#440SM (Hi Lo)), to be installed near the playground structure.
394/015610-0061
390243.13 a]2/17/03
(8) *Two benches, to be acquired from Playworld Systems (Model #ZZXX1410), to
be installed facing the playground structure.
(9) *Two shade structures to be installed over the benches, to be acquired from Shade
Structures (must contain dimensions of 10' X 10').
(10) *One trash container, to be acquired from Playworld Systems (Model
#ZZXX1414, ZZXX1415, ZZXX1418, or ZZXX8060), to be installed near the
playground structure.
*Colors to be determined by City staff at time of order.
394/015610-0061 2
390243.13 a12/17/03
EXHIBIT "E"
FORM OF EARLY ENTRY AGREEMENT
This Early Entry Agreement ("Agreement") is entered into as of , 2003, by
and among the CITY OF LA QUINTA, a municipal corporation and a charter city organized and
existing under the Constitution of the State of California ("City"), and CP DEVELOPMENT
LA QUINTA, LLC., a California limited liability company ("Developer"), with reference to the
following facts:
RECITALS:
A. City is the present owner of that certain property located in La Quinta, California,
identified as "Lot 6" on the site map attached hereto and incorporated herein as Exhibit "A" (the
"Property")
B. City and Developer have executed and entered into that certain Development
Agreement, with a Reference Date of 2003, ("Development
Agreement") pursuant to which Developer agrees, among other obligations, to enter upon the
Property and construct and install the "Park Improvements" as described in Exhibit E to the
Development Agreement.
C. Pursuant to its obligation under the Development Agreement to construct and
install the Park Improvements on the Property, Developer has now requested the right to enter
onto and about the Property to perform the Park Improvements (hereinafter, the "Permitted
Work") and City is willing to allow such entry on the terms and conditions hereinafter specified.
AGREEMENT:
NOW, THEREFORE, in consideration of the covenants and agreements contained herein
and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged
by the parties hereto, the parties covenant and agree as follows:
1. Grant of License. City hereby grants to Developer and its employees, agents,
consultants, and contractors ("Related Parties") a license for the term set forth in Paragraph 3
("License") to enter upon the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, for the purposes of the Permitted Work. Notwithstanding the above, at least
forty-eight (48) hours prior to any of the Related Parties' first entry onto the Property to
commence the Permitted Work, Developer shall notify City of its intention of the same, and shall
thereafter provide such notice before again entering the Property if there is an interruption of
such initial entry for a period of even (7) consecutive days (excluding interruptions for events of
enforced delay as defined in Section 8.2 of the Development Agreement). Said notice shall be
provided by facsimile, addressed to the person listed in Section 8.8 hereof at the number
provided therein. City may reject any proposed entry by providing telephonic notification to
Developer to the person listed in Section 8.8 hereof, at the number provided therein, at any time
prior to the time of the proposed entry.
City has full right, title and authority to grant Developer the License for the Permitted
Work, and no third party permission or consent is needed in connection therewith. Such License
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shall be non -revocable for the Term defined in Paragraph 3 below, except as otherwise set forth
herein. City specifically agrees that Developer shall have access to and be entitled to perform
the Permitted Work on all portions of the Property, provided, however, that neither Developer
nor any of the Related Parties shall interfere with any other real or personal property, or enter
upon any other real property, without first obtaining the written consent of the owner(s) of such
other real or personal property.
2. City's Authority to Revoke. City may revoke this License upon two (2) days
written notice to Developer delivered in accordance with Subparagraph 8.8 below in the event:
(i) in the reasonable judgment of City, such revocation is necessary to protect the public health,
safety, or welfare pursuant to the exercise of City's police powers; or (ii) Developer is in
violation of the terms of this Agreement or any applicable law, statute, ordinance, rule, or
regulation pertaining to the Permitted Work or Developer's or the Related Parties' entry upon the
Property pursuant to this Agreement, and Developer has failed to cure such violation within two
(2) days following Developer's receipt of notice of such violation from City.
3. Term. Unless earlier revoked or terminated pursuant to the provisions of this
Agreement, the term of the License shall commence on full execution hereof and shall terminate
on the earlier of (i) City's final inspection of and approval of the Permitted Work, or (ii) one
hundred twenty (120) days from the date hereof.
4. Repair and Restoration of Property. Developer shall repair any damage it causes
to the Property in the course of performing the Permitted Work pursuant hereto and shall, except
for the actual Permitted Work allowed hereby, restore the Property to the condition existing prior
to Developer's or Related Parties' entry onto the Property, unless this requirement is waived by
the City Manager or the Community Development Director in his or her sole and absolute
discretion.
5 Compliance with Laws. Developer shall obtain, at is sole cost and expense, all
governmental permits and authorizations required by any governmental agencies for the
Permitted Work. Developer shall comply with, and shall cause all of its Related Parties to
comply with, all applicable governmental laws, rules, regulations and requirements governing
the Permitted Work. Prior to Developer's or any of the Related Parties' entry onto the Property
to perform any of the Permitted Work, Developer shall have prepared, obtained approval from
the City thereof, and implemented, a dust control program.
6. Indemnity. Developer shall protect, defend, indemnify and hold harmless City
and the La Quinta Redevelopment Agency ("Agency") and their respective officers, officials,
members, employees, agents, and representatives (any of the foregoing shall be known
individually as "Indemnitee" and collectively as "Indemnitees"), and each of them, jointly and
severally, against and from any and all claims, demands, causes of action, damages, costs,
expenses, losses and liabilities, at law or in equity, of every kind or nature whatsoever, including
attorneys' fees and expert witness fees (hereinafter "Claims"), brought in connection with any
death or personal injury to any person or persons or damage or destruction of any property
arising out of or in any manner directly or indirectly connected with the entry upon the Property
by Developer or any of its Related Parties or the activities on the Property (including but not
limited to the Permitted Work) by Developer or any of its Related Parties, but excluding from the
foregoing any Claims resulting from environmental contamination of the Property or other
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defects on the Property existing prior to Developer's entry thereon and not otherwise caused by
Developer or any of the Related Parties. The foregoing indemnification shall also cover:
(a) any mechanics' or materialmen's liens, claims, demands, actions or suits
arising (directly or indirectly) from (i) any work performed or materials supplied to or for
Developer, or (ii) any activities of any of its Related Parties on or relating to the Property
(including, without limitation, any claims by any of such Related Parties); and
(b) any costs of removing Developer or its Related Parties from the Property
after the expiration of the term hereof unless Developer is otherwise entitled to be on the
Property at such time under this Agreement.
7. Insurance.
(a) Before entering the Property for any purpose, Developer shall cause the
insurance required under this paragraph to be issued and thereafter to be maintained until one (1)
year following the end of the Term. Developer shall procure and maintain:
(1) A policy of commercial general liability insurance written on a per
occurrence basis in an amount not less than: (i) for death and bodily injury, either (A) a
combined single limit of Three Million Dollars ($3,000,000) or (B) Three Million Dollars
($3,000,000) per person and Three Million Dollars ($3,000,000) per occurrence, and Three
Million Dollars ($3,000,000) in the aggregate, and (ii) for property damage, Three Million
Dollars ($3,000,000) per occurrence.
(2) A policy of worker's compensation insurance in such amount as
will fully comply with the laws of the State of California and which shall indemnify, insure, and
provide legal defense for both the Developer and City against any loss, claim or damage arising
from any injuries or occupational diseases occurring to any worker employed by or any persons
retained by Developer in the course of carrying out the work or services contemplated in this
Agreement.
(3) A policy of comprehensive automobile liability insurance written
on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of
Three Million Dollars ($3,000,000) per person and Three Million Dollars ($3,000,000) per
occurrence, and property damage liability limits of Three Million Dollars ($3,000,000) per
occurrence and Three Million Dollars ($3,000,000) in the aggregate or (ii) combined single limit
liability of Three Million Dollars ($3,000,000). Said policy shall include coverage for owned,
non -owned, leased, and hired cars.
(b) The following additional requirements shall apply to all of the above
policies of insurance:
(1) All of the above policies of insurance shall be primary insurance
and, except the Worker's Compensation insurance, shall name City, the Agency, and their
respective officers, officials, members, employees, agents, and representatives as additional
insureds.
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(2) The insurer shall waive all rights of subrogation and contribution it
may have against City, Agency, and their respective officers, officials, members, employees,
agents, and representatives, and their respective insurers.
(3) All of said policies of insurance shall provide that said insurance
may not be amended or cancelled without providing thirty (30) days' prior written notice to City
and Agency.
(4) The policies of insurance required by this Agreement shall not
require Developer to meet a deductible of more than Twenty -Five Thousand Dollars ($25,000)
unless approved in writing by the City Manager, or his or her designee, in his or her sole and
absolute discretion.
(c) In the event any of said policies of insurance are cancelled, the Developer
shall, prior to the cancellation date, submit new evidence of insurance in conformance with this
Section to the City Manager, or his or her designee.
(d) Not later than the date of this Agreement, Developer shall provide the City
Manager with Certificates of Insurance or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance or binders shall be subject to the
reasonable approval of the City Manager, or his or her designee.
(e) Developer agrees that the provisions of this Section shall not be construed
as limiting in any way Developer's indemnity obligations set forth in Section 6 or the extent to
which Developer may be held responsible for the payment of damages to any persons or property
resulting from the Developer's activities or the activities of any person or persons for which the
Developer is otherwise responsible.
8. Miscellaneous.
8.1 Authorily. Each signatory hereto warrants to the other party that it has
authority to sign on behalf of the party for whom it purports to sign.
8.2 Attorney's Fees. In the event any party hereto brings suit to enforce the
terms of this Agreement or on account of breach hereof, the party not prevailing in such suit shall
pay all reasonable costs and expenses incurred by the other party in such suit, including, without
limitation, court costs, attorneys' fees, and expert witness fees.
8.3 Entire Agreement. This Agreement sets forth the entire agreement of the
parties with respect to the subject matter hereof and supersedes all prior discussions,
negotiations, understandings or agreements relating thereto.
8.4 Counterparts. This Agreement may be executed in two or more
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same agreement.
8.5 Litigation Matters. The Municipal and Superior Courts of the State of
California in the County of Riverside shall have the exclusive jurisdiction of any litigation
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between the parties arising out of this Agreement. This Agreement shall be governed by, and
construed under, the laws of the State of California. Service of process on City shall be made in
the manner required by law for service on a public entity. Service of process on Developer shall
be made in any manner permitted by law and shall be effective whether served within or outside
of California.
8.6 Non -liability of City Officers and Employees. No officer, official,
member, employee, agent, or representative of City shall be personally liable to Developer, or
any successor or assign of same, in the event of any default or breach by City, or for any amount
which may become due to Developer, or any successor or assign of same, or for breach of any
obligation of the terms of this Agreement.
8.7 Covenant Against Discrimination. Developer covenants for itself, its
heirs, executors, assigns, and all persons claiming under or through it, that there shall be no
discrimination against any person on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry, in the performance of this Agreement.
8.8 Notices. Unless other sections of this Agreement allow certain specific
notices to be given by other means, all notices required to be delivered under this Agreement or
under applicable law shall be delivered by one of the following means: (a) personal delivery; (b)
delivery by United States mail, prepaid, certified, return receipt requested; (c) delivery by
reputable document delivery service that provides a receipt showing date and time of delivery; or
(d) delivery by facsimile provided the sender receives confirmation the fax was received.
Notices personally delivered or delivered by a document delivery service shall be effective upon
receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second business day
following dispatch. Notices delivered by facsimile shall be effective upon receipt provided that
any faxed notices which are transmitted at any time other than 8:00 a.m. to 4:30 pm Monday
through Friday (excluding legal holidays) shall be deemed transmitted as of the next business
day. Notices shall be delivered to the following addresses:
To City: City of La Quinta
Attn: Community Development Director
78-495 Calle Tampico
La Quinta, CA 92253
Telephone: (760) 777-7000
Facsimile: (760) 777-1233
With a copy to: Rutan & Tucker, LLP
Attn: M. Katherine Jenson, Esq.
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626-1998
Telephone: (714) 641-5100
Facsimile: (714) 546-9035
394/015610-0061
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To Developer: CP Development La Quinta, LLC
Attn: Richard Oliphant
44-139 Monterey Avenue, Suite 201
Palm Desert, CA 92260
Telephone: (760) 776-9900
Facsimile: (760) 776-9971
With a copies to: Genesis Hotel Development, LLC
76890 Sandpiper Drive
Indian Wells, CA 92210
Attn: Francis A. Wong
Telephone: (760) 360-7886
Facsimile: (760) 345-7175
and Selzer, Ealy, Hemphill & Blasdel, LLP
777 E. Tahquitz Canyon Way, Suite 328
Palm Springs, CA 92262
Attn: Emily Perri Hemphill, Esq.
Telephone: (760) 320-5977
Facsimile: (760) 320-9507
Changes in the address to be used for receipt of notices shall be effected in accordance with this
Paragraph 8.7.
Agreement.
8.8 Time of Essence. Time is of the essence in the performance of the
[end — signature page follows)
394/015610-0061 8
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the date first above -written.
"DEVELOPER"
CP DEVELOPMENT LA QUINTA, LLC
a California limited liability company
By: Oliphant Family Trust
Its: Member
By:
Richard R. Oliphant
Its: Trustee
By: Oliphant Enterprises, Inc.
Its: Manager
Lin
Richard R. Oliphant
Its: President
"CITY"
CITY OF LA QUINTA
By:
City Manager
394/015610-0061 9
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EXHIBIT "A"
TO EARLY ENTRY AGREEMENT
SITE MAP
The Site Map is not a tract map and the parcels depicted there are not legal parcels. Upon
Developer's preparation of a tract map that creates legal parcels substantially consistent with the
Site Map, Developer shall prepare legal descriptions for each of the Suites Hotel Parcel, the
Casitas Development Parcel(s), the Villas Residential Development Parcel, the Cluster/Perimeter
Residential Development Parcel, the Medical Office/Surgical Facility Parcel(s), and the
Sanctuary Villas Parcel(s), and Agency and Developer shall cooperate to attach such legal
descriptions to any document where such legal descriptions are required.
M LAND USE
LOT I RESTAURANT
LOT 2 - RESORT CASITAS *LOT
0.34
LOT 3 - RESORT CASITAS
LOT - RESORT CASITAS
LOT b - RESIDENTIAL
*LOT 8 - PARK
LOT 7 RESIDENTIAL
LOT 8_- THE SANCTUARY
LOTS THE SANCTUARY
LOT 10MEDICAL OFFICE BUILDINGS
LOT 11 MEDICAL OFFICE BUILDINGS
LOT 12 ' MEDICAL OFFICE BUILDINGS
LOT 13 RESTAURANT
LOT 14 ' HOTEL
COMMON LOTS
LOT 'A - - - - - - - -
LAND USE
MEDICAL OFFICE PARKING / LANDSCAPE
LOT 'B' - - - - - - -
SEELEY DRIVE
* LOT 'C- - -- - - -
20' PARKWAY.(WASHINGTON STREET)
* LOT '0' - - - - - - -
CITY LANDSCAPE ENTRY
*LOT 'E - - " - - - -
20' PARKWAY (WASHINGTON STREET)
LOT 'F' - - - - - - -
WELLSITE
* LOT 'G- - - - - " - -
WELLSITE (N.A.P)
* LOT 'H' - - - " " - "
20' PARKWAY (MILES AVENUE)
* LOT 'I' - - - - " - -
20' PARKWAY (MILES AVENUE)
*LOT 'H
234e3 al
0.34 �.
* These patceis are not being conveyed by
the La Quints Redevelopment Agency.
They = depicted on this Site Map for
convenience of refeence Wy.
N.T.S.
NOVEMBER 21. 2003
AGENCY CONSENT TO RECORDATION
THE LA QUINTA REDEVELOPMENT AGENCY HEREBY CONSENTS TO THE
RECORDATION OF THE FOREGOING DEVELOPMENT AGREEMENT AGAINST THE
REAL PROPERTY DESCRIBED IN EXHIBIT "A" TO SAID DEVELOPMENT
AGREEMENT.
LA QUINTA REDEVELOPMENT AGENCY
Its:
STATE OF CALIFORNIA )
) ss
COUNTY OF
On , before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
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