2012 VPAH, LLC - Village Park Animal Hospital - Parking EasementRECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
PO Box 1504
La Quinta, CA 92247
Attn: City Clerk
DOC # 2012-0124149
03/16/2022 01:48P Fee:NC
Page 1 of 7
Recorded in official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111111111111111111111111111111111111111111111111
S
R
U
PAGE
SIZE
DA
MISC
LONG I
RFD I
COPY
A
L
1 465
1 426
1 PCOR
NCOR
SMF
f NCHqy
tyEXAAM
Ve' P-
T:
'Ty
UNI
Space above this line for Recorder's use only
(Exempt from Recording Fee per Gov't Code § 6103)
PARKING EASEMENT AGREEMENT
THIS PARKING EASEMENT AGREEMENT (the "Easement Agreement") is made as
of this J!�- day of FE 5 , 2012 by and between VPAH, LLC, a California limited
liability company ("Developer"), and CITY OF LA QUINTA, a California municipal
corporation and charter city (the "City") (collectively, the "Parties").
RECITALS
A. Developer is the owner of that certain real property (the "Site") more
particularly described in Exhibit "A" attached hereto upon which is to be developed the
Village Park Animal Hospital (the "Project").
B. Developer and the City have entered into that certain Development
Agreement (the "DA") for purposes of granting Developer a credit of 13 parking stalls
towards the Project's required parking under the La Quinta Municipal Code in exchange for
Developer paying to the City a parking fee.
C. In Section 3.5 of the DA, Developer agreed to allow access to the parking
stalls located on the Site (the "Parking Stalls") between 6:00 p.m. and 2:00 a.m.
D. The Parties hereto desire to enter into this Easement Agreement for providing
appropriate access to the Parking Stalls, in accordance with Section 3.5 of the DA.
NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the
mutual covenants and conditions contained herein and for other good and valuable
consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
9.0 Grant of Parking Easement. Developer, for itself and its respective successors and
assigns, hereby grants to the City, its successors and assigns, and their tenants,
subtenants, agents, licensees invitees (including employees, faculty, students and guests),
and the general public for the benefit of the Property, a non-exclusive easement and right-
of-way in, upon, over, and under the Parking Stalls (and all improvements located thereon)
for the purpose of providing parking spaces on an "as available" basis ("Parking Use")
1
between 6:00 p.m. and 2:00 a.m., in accordance with and subject to terms and conditions
of the DA and this Easement Agreement.
10.0 Term. The Parties agree that this Easement Agreement shall continue to be valid
and binding as long as the DA remains in force pursuant to Section 1.1 of the DA.
11.0 Indemnity.
11.1 Developer agrees to and shall indemnify, hold harmless, and defend, the
City and its respective officers, officials, members, agents, employees, and
representatives (collectively, "the Indemnified Parties"), from liability or claims for death or
personal injury and claims for property damage which may arise from any negligent
maintenance or omission related to the Site by the Developer or its contractors,
subcontractors, agents, employees or other persons acting on its behalf in relation to the
Project and/or this Agreement, except to the extent that the liability or claims arise from
the City's gross negligence or willful misconduct. The foregoing indemnity applies to all
deaths, injuries, and damages, and claims therefor, suffered or alleged to have been
suffered by reason of the acts, errors, and/or omissions referred to in this paragraph,
regardless of whether or not the City prepared, supplied, or approved plans or
specifications, or both, and regardless of whether or not any insurance policies are
applicable.
11.2 Developer agrees to and shall indemnify, hold harmless, and defend, the
Indemnified Parties from any challenge to the validity of this Easement Agreement; the
Developer shall indemnify, hold harmless, pay all costs and provide defense for the
Indemnified Parities in said action or proceeding with counsel chosen by the City and
reasonably approved by Developer.
11.3 In the event the Indemnified Parties are made a party to any action, lawsuit,
or other adversarial proceeding in any way involving claims specified in paragraphs (a) or
(b) above, Developer shall provide a defense to the Indemnified Parties, or at the
Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense,
including reasonable attorney's fees, incurred in defense of such claim. The Indemnified
Parties shall have the right to select legal counsel of their choice. In addition, Developer
shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Indemnified Parties. The City shall, at no cost to the City, cooperate with the
Developer in any such defense as Developer may reasonably request.
12.0 Successors and Assigns. The terms, covenants and conditions of this Easement
Agreement shall be binding upon and shall inure to the benefit of the heirs, executors,
administrators and assigns of the respective Parties hereto.
13.0 Attorneys' Fees. In the event of any action between the parties hereto seeking
enforcement of any of the terms of this Easement Agreement or otherwise arising out of
this Easement Agreement, the prevailing party in such litigation shall be awarded, in
addition to such relief to which such party is entitled, its reasonable attorney's fees, expert
witness fees, and litigation costs and expenses.
2
14.0 Notices. All notices permitted or required hereunder must be in writing and shall be
effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully
prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt
showing date and time of delivery, addressed to the following parties, or to such other
address as any party may from time to time, designate in writing in the manner as provided
herein:
To City: City of La Quinta
PO Box 1504
La Quinta, California 92247
Attn: Planning Director
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: M. Katherine Jenson
To Developer: Kathryn Carlson
VPAH, LLC
P.O. Box 1711
La Quinta, CA 92253
Telephone: 760-564-3833
15.0 Governing Laws. This Easement Agreement shall be construed in accordance with
the laws of the State of California.
16.0 Execution in Counterpart. This Easement Agreement may be executed in several
counterparts, and all so executed, when taken together shall constitute one agreement
binding on all parties hereto, notwithstanding that all parties are not signatories to the
original or the same counterpart.
17.0 Severability. If any term, provision of condition contained in this Easement
Agreement shall, to any extent, be invalid or unenforceable, the remainder of this
Easement Agreement, except those terms, provisions or conditions which are made subject
to or conditions upon such invalid or unenforceable terms, provisions or conditions, shall
not be affected thereby, and each term, provision and condition of this Easement
Agreement shall be valid and enforceable to the fullest extent permitted by law.
18.0 Modifications. This Easement Agreement and the easements granted hereunder
may not be amended or otherwise modified, except by an agreement in writing signed by
the parties hereto. No such amendments or modifications shall have any force or effect
whatsoever unless and until they are written and executed in such a manner.
19.0 Running With The Land. The Easement Agreement, and all burdens and benefits
created thereby shall be appurtenant to and shall run with the respective property of
Developer. Upon recordation of this Developer Agreement, every person or entity that
now or hereafter owns or acquires any right, title or interest in or to all or any portion of
the Property or the Parking Stalls is and shall be conclusively deemed to have consented
and agreed to every provision of this Easement Agreement, whether or not any reference
3
to this Easement Agreement is contained in the instrument by which such person or entity
acquired such interest.
20.0 Conflict with the DA. In the event of a conflict between this Easement Agreement
and the DA, the terms of the DA shall govern and control.
21.0 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of
the date first written above.
"Developer"
VPAH, LLC, a California limited liability
company
X
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
By: V `6-"L 4y �^ --
Mark Weiss, Interim City Manager
ATTEST:
""✓
Susan Maysels, Interim City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
SIGNED IN COUNTERPART
M. Katherine Jenson, City Attorney
4
to this Easement Agreement is contained in the instrument by which such person or entity
acquired such interest.
20.0 Conflict with the DA. In the event of a conflict between this Easement Agreement
and the DA, the terms of the DA shall govern and control.
21.0 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of
the date first written above.
"Developer"
VPAH, LLC, a California limited liability
company
By: /
Its: LX .1. %rrlS0Y1 f jcfc2tti("r
By:
Its:
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
By: SK;t M IN CMA ITERPARf
Mark Weiss, Interim City Manager
ATTEST:
SIGNED IN COUNTERPART
Susan Maysels, Interim City Clerk
APPROVED AS TO FORM
RUT TU , LLP
Ar
A. Katherine Jenso ity Attorney
4
State of California
County of Riverside
On FE9. S. 201( , before me, SU5A4 MAYSELS ,
(insert name and title of the officer)
Notary Public, personally appeared ka a4yi4 J. CAKLSod
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*)
is/am subscribed to the within instrument and acknowledged to me that he/she/thw
executed the same in foie/her/** authorized capacity(im), and that by 403/herAblAr
signature(*) on the instrument the person(s), or the entity upon behalf of which the
person(*) acted; executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
State of California
County of Riverside
SUSAN IAAYSELS
,IV COItM.01844479
I RIVERSIDE
NOTARY PUBLIC • CALIFORNIA
Cm 'a CAPER 1Ib MD73
(Seal)
On FE$, 13, zoIZ , before me,SUSgN MAYS6LS
' (insert name and title of the officer)
Notary Public, personally appeared MA 21C W 9I SS
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(9)
is/4m* subscribed to the within instrument and acknowledged to me that heAwkakAn*'/
executed the same in his/( wAbek authorized capacity(ift), and that by hisA4e&gh*1t
signature(g) on the instrument the person(*), or the entity upon behalf of which the
person(*) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 2i�
SUSA�N MAYSE S
COMM. #1844479 x
NOTARY PUBLIC • CALIFORNIA 8
COUNTY
O �rAMI 2Qf3
(Seal)
EXHIBIT "A" TO PARKING EASEMENT AGREEMENT
LEGAL DESCRIPTION OF SITE
LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14,
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN
MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS.
a