Fritz Burns Found/Maintence Facility 06WHEN RECORDED, MAIL TO
City of La Quinta
CITY CLERK
P.O. Box 1504
La Quinta, CA 92253
DOC # 2005-1074074
12/29/2005 08:00A Fee:NC
Page 1 of 10
Recorded in official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111
SIZE DA j PCOR I NOCOR I SMF MISC.
M S U PAGE j
No Tax Due j
Consideration less than $100 - !
COPY LONG ii REFUND I NCHG�EXAVI
A R L
-� ---�
Fee = $0 per Government Code section 6103
VG
AGREEMENT FOR EXPANDED USE OF PRIOR GRANT
THIS AGREEMENT FOR EXPANDED USE OF PRIOR GRANT ("Agreement") is
entered into as of the - ,.,,,day of 2005, by and between the Fritz B.
Burns Foundation, a Nevada Nonprofit Corporation, as successor by merger to Fritz
B. Burns Foundation, a California Nonprofit Corporation ("Grantor"'), a Nevada non-
profit organization, and the City of La Quinta ("Grantee"), a California r,,unicipal
corporation.
RECITALS
A. Grantor previously was the owner of the Fritz Burns Park located at
the southeast corner of Avenida Bermudas and Avenue 52 in the City of La Quinta,
as more specifically described in the legal description attached hereto as Exhibit
"A" ("Fritz Burns Park ") .
B. On January 31, 1989, Grantor recorded a Grant Deed conveying to
the City the Fritz Burns Park for the purpose of operating a community park,
including recreational and/or community uses related to the park use ("Grant
Deed").
C. In order to maintain the Fritz Burns Park, the City has built a
temporary maintenance facility on approximately two acres of the Fritz Burns Park
land.
D. Since the original date of the Grant Deed, Grantee has acquired
additional land, and combined it with the property gifted by the Grantor, to develop
a larger park than originally envisioned.
E. Grantee desires, and Grantor recognizes the need for, a permanent
City maintenance facility in the Fritz Burns Park to assist Grantee in providing the
necessary maintenance services for the park facility and for other public facilities
throughout the City.
F. Grantor desires to grant it permission for the construction and
operation of a permanent City maintenance facility in the portion of Fritz Burns Park
more particularly shown on Exhibit "B", [INSERT SQ. FT, ACREAGE, DIMENSIONS
OF PPTY) ("Maintenance Area") to Grantee for purposes of constructing and
operating the maintenance facility, including any structures appurtenant or
convenient thereto ("Maintenance Facility").
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration
of the mutual covenants, promises and undertakings set forth herein, the parties
hereby agree as follows:
1. Consent to Maintenance Facility Use. Grantor hereby grants its
irrevocable consent to Grantee for the use of the Maintenance Area for purposes of
constructing a Maintenance Facility.
2. Scope of Consent. In addition to any other rights herein granted, the
consent hereby granted by Grantor includes the rights of Grantee, and its officers,
agents, employees, and contractors to enter upon and to pass and repass over and
along the Fritz Burn Park to access the Maintenance Area, and for purposes of
constructing, operating and maintaining the Maintenance Facility.
3. Ownership Rights. Grantee shall be the sole and exclusive owner of
the Maintenance Facility.
4. Authority. The person(s) executing this Agreement on behalf of each
of the parties hereto represents and warrants that (1) such party is duly authorized
to execute and deliver this Agreement on behalf of said party; (ii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement;
and (Ili) entering into this Agreement does not violate any provision of any other
agreement to which such party is bound.
5. Interpretation; Governing Law. This Agreement shall be construed
according to its fair meaning and as if prepared by both parties hereto. This
Agreement shall be construed in accordance with the laws of the State of
California. Titles and captions are for convenience only and shall not constitute a
portion of this Agreement.
6. Modifications. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be by written instrument executed
-2-
and acknowledged on behalf of each party hereto and recorded in the Official
Records of the Riverside County Recorder.
7. Successors and Assigns. The covenants contained in this Agreement
will bind all successors and assigns having any fee, leasehold or other interest in
any portion of the Fritz Burns Park at any time or from time to time.
8. Entire Agreement. This Agreement is intended by the parties as a final
expression of their agreement and intended to be a complete and exclusive
statement of the agreement and understanding of the parties hereto in respect to
the subject matter contained herein. There are no restrictions, promises,
warranties or undertakings, other than those set forth or referred to herein. This
Agreement supersedes all prior agreements and understandings between the parties
with respect to such subject matter and governs to the extent that any provision
found herein conflicts with any provision in the Grant Deed.
In witness whereof the parties have executed this Agreement as of the date
first written above.
"Grantor"
FRITZ B. BURNS FOUNDATION, a
Nevada Nonprofit Corporation
By:
Its:
"Grantor"
FRITZ B. BURNS FOUNDATION, a
Nevada Nonprofit Corporation
Its: `, , _ I/1 /�- .,
-3-
ATTEST:
J -Greek, City Clerk
APPROVED AS TO FORM:
RUTAN.+ TUCKER,,LLP
By:
� /
M. Katherine Jenson, Cit it Attorney
"Grantee"
CITY OF LA QUINTA, a California
municipal corporatiq
byz:
City Manager
M
EXHIBIT "A"
LEGAL DESCRIPTION OF FRITZ BURNS PARK
Lot 2 of Tract Map No. 19203 as per plat recorded in Book 145 Pages 55 and 56
of Maps Official records of Riverside County.
-5-
EXHIBIT "B"
MAP DEPICTING MAINTENANCE AREA
I on
ACKNOWLEDGMENT
State of California )
ss
County of Los Angeles 1
On before me,
DATE NAME, TITLE OF OFFICER
personally appeared
C personally known to me - OR - 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose names(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 entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
.., LORRAINE PERRY
Commission # 14525W
•r' NOtay Public - COWOMia
Los Antes —
MV COMM. EWNoes Nov 22,2004
-7-
ACKNOWLEDGMENT
State of California )
ss
County of Los Angeles )
On before me,
DATE NAME, TITLE OF OFFICER
personally appeared
0 personally known to me - OR - proved to me on the basis of satisfactory
evidence to be the person(s) whose names(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 entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
01LORRAINE PERRY
Commission # 14525W
Notary Public - CaNNomia
z Los Angeles CountV
MY Comm. Expkes Nov 22, 2007
M
ACKNOWLEDGMENT
State of California )
ss
County of Riverside 1
On before me,
DATE 'NAME, TITLE OF dFFICER
personally appeared'
personally known to me - OR - 0 proved to Jme on the basis of satisfactory
evidence to be the person(s) whose names(s) is/aqe subscribed to the within
instrument, and acknowledged to me that he/she�y executed the same in
his/h�e�r authorized capacity(ies), and that by his/heir signature(s) on the
instrument, the person(s), or entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
REGEN1A HENSLEY
Comml ion 8 1521423 SIGNATURE Off-` NOTARY
V %M Notary public - Californla
Riverside County
Comm. Expires Oct 23.2008
W
MT
v+ cr v
rn rn
I
I
I
I
I
I
I I
I
I
I
I
I I
I
I
I
I I
I
I
I
I
ON
BARC-EL 54
79.35
------_ - --Ct111E-
I ` 710
L- 100.22 L= 10019co I ��
3 I 4 5 o w N 6 0 (+ry
1 I 2 I C802
oO
1.s Ac 1 2 181
tos I 100 _ TRA 020-051 I _ __ 100 25 130 F_-- — 2 — — —
TRA 020-016
12 11 10 9 3
m Ol .p ( 8 f O — tom.,
01 Vn ��� W
ANGLL = QE
--j
r Tl