Fourth Quarter Properties/Site Dev Maintenance 02go.-j:Fazill
Recording Requested By
First American Title Company
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City of La Quinta
Attn: June S. Greek, City Clerk
P. O. Box 1504
La Quinta, CA 92253
DOC N 2003-3073SM
07/08/2003 08:00A Fee:NC
Page 1 of 12
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk & Recorder
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SITE DEVELOPMENT MAINTENANCE AGREEMENT --------
This Site Development Maintenance Agreement ("Maintenance Agreement") is made and
entered into as of November 5, 2002, by and between the City of La Quinta, a municipal corporation,
("City") and 111 Venture, LLC, a California Limited Liability Company ("Owner").
RECITALS
WHEREAS, Owner is the weer of real property known as parcels 10, 11, and 12 of Parcel
Map 29351 as described more paiticularly in Exhibit A ("Property") which is located within a
project entitled "La Quinta Corporate Centre" on approximately 11.79 acres north of Highway 111
between Adams Street and La Quinta Drive in the City of La Quinta, California ("LQCC Project").
WHEREAS, the LQCC Project was approved as part of Specific Plan 99-036 ("Specific
Plan"), which established the development standards and design guidelines for a 332,400 sq. ft.
mixed commercial and business park. A copy of said Specific Plan is attached hereto as Exhibit B.
WHEREAS, the City imposed as conditions of approval upon the LQCC Project the
requirements, as described in the Specific Plan, that the Owner shall install certain on -site
improvements and landscaping, including a bike path, and make provisions for the continuous,
perpetual maintenance of perimeter landscaping and the bike path until such time as the Owner is
expressly released from such responsibilities by the appropriate agency, at the agency's sole
discretion.
WHEREAS, Owner has provided the City with a faithful performance and material bond
to guaranty the construction of the perimeter landscaping along the Highway 111 corridor and the
bike path in the amount shown in Exhibit C. The location of the perimeter landscaping along the
Highway 111 corridor and the bike path that the City has required the Owner to install and
maintain is described in Exhibit D attached hereto. Owner has entered into an agreement to sell
Page 1 of 8
SITE DEVELOPMENT MAINTENANCE AGREEMENT
Site Dev. Maint. Agree 10-01-02.wpd
the Property, which is scheduled to close escrow on or about December 13, 2002. The City and
Owner agree that if Owner transfers title to the Property to a new owner, the Owner shall be
responsible to ensure that the new owner provides new performance and material bonds in place
of the bond provided by Owner and, upon providing sufficient evidence of the same to the City,
the City shall release Owner's bond(s).
AGREEMENT
NOW THEREFORE, in consideration for the approval by the City of the LQCC Project
and for other good and valuable consideration, the parties hereto agree as follows:
co oration of Recitals. The introductory paragraph and each of the above
RECITALS are incorporated herein as part of the terms of this Maintenance Agreement.
Obligations of Owner. Owner agrees to install and maintain perimeter landscaping and a
bike path on the Property in accordance with the provisions of Specific Plan 99-036.
ObligationsR_un_ning with the Prong. City and Owner intend and agree that should any
right, title or interest in and to the Property, or any portion or part thereof, be sold or otherwise
conveyed or transferred, that the obligations set forth in this Maintenance Agreement shall
automatically become the obligations of the new title or interest holder(s). Accordingly, the
parties agree that the obligations set forth in this Maintenance Agreement shall burden the
Property and bind Owner's heir, successors, and assignees of any or all right, title, and interest in
and to the Property, and the covenants contained herein shall run with the Property for the benefit
of each and every property located in the City of La Quinta, California. This Maintenance
Agreement shall have the signature of the Owner acknowledged before a Notary Public and be
recorded with the Riverside County Recorder's Office.
Default. In the event that Owner or any such successor fails to comply with the terms of
the Maintenance Agreement, the City may serve or mail to Owner, or to any such successor(s) in
interest, and post on the Property a sixty (60) day written Notice of Default, which notice shall
specify the nature of the default(s) and provide sixty (60) days to cure. In the event that Owner
or its successor(s) in interest fail to cure the specified default(s) within the time provided, the City
may, at its option, immediately take steps to cure the specified default(s) by curing the default(s)
itself or hiring private contractor(s) to cure the default(s), and by imposing a lien against the
Property for these costs.
Release of Performance Bond. Upon completion and approval of the improvements as
described herein, the City shall release any faithful performance and material payment bonds or
other security provided by Owner heretofore required by the City for the completion of these
improvements. Notwithstanding the foregoing, in the event that Owner sells or transfers title to
the property prior to completion these improvements, the Owner will be required to ensure that
Page 2 of 8
SITE DEVELOPMENT MAIMNANCE AGREEMENT
the new owner provides new bond(s) to replace those faithful performance and material payment
bonds or other security heretofore provided by Owner for the completion of the improvements as
described herein. Once the newbond(s) have been provided by the new owner, the City shall
release those bonds previously provided by Owner.
Interpretation. The terms f the Maintenance 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 Maintenance Agreement or any other rule of construction which
might otherwise apply.
Integration: Amendment. t is understood that there are no oral agreements between the
parties hereto affecting this Mainte ance Agreement and this Maintenance Agreement supersedes
and cancels any and all previous n gotiations, arrangements, and understandings, if any, between
the parties relating to the maintenance of perimeter landscaping, sidewalks, access drives, parking
lots, storm drainage improvements including, outfalls to the La Quinta Flood Evacuation Channel,
and the required public improvements to the Property, and no oral agreements, previous negotiations,
arrangements or understandings shall be used to interpret this Maintenance Agreement. This
Maintenance Agreement may be amended at any time by the mutual consent of the parties, or their
successor(s) in interest, only by an instrument in writing recorded with the Riverside County
Recorder's Office.
Severability. In the event that any part of this Maintenance Agreement is declared invalid
or unenforceable, such invalidity or unenforceability shall not affect any of the remaining portions
of this Maintenance Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision(s) is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders the Maintenance
Agreement meaningless.
Corporate Authority. The persons executing this Maintenance Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized. and existing, (ii) they are duly authorized
to execute and deliver this Maintenance Agreement on behalf of said party, (iii) by so executing this
Maintenance Agreement, such party is formally bound to the provisions of this Maintenance
Agreement, and (iv) the entering into this Maintenance Agreement does not violate any provision
of any other agreement to which said party is bound.
Counterparts. This Maintenance Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
Binding Effect. This Maintenance Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective representatives, successors, and assignees; provided,
however, the foregoing shall not be deemed or construed to confer any right, title, benefit, cause of
action or remedy upon any person or entity not a party hereto, which such party would not nor did
not otherwise posses.
Page 3 of 8
SITE DEVELOPMENT MAEMNANCE AGREEMENT
Attorneys' Fees. If any party to this Maintenance Agreement, or their successors in
interest, is required to initiate or defend or is made a party to any action or proceeding in any
way connected with this Maintenance Agreement, the prevailing parry in such action or
proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorneys' fees, whether or not the matter proceeds to judgment.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above.
THE CITY OF LA QUINTA
<:; QZZ�i —
STANLEY-SSTW,, Wayor PrEl
City of La Quinta, Calis
ATTEST
By:
STATE OF CALIFO
County of Riverside
Owner: Ill Venture, LLC, a California
limited liability company
By: SCS Family Limited Partnership, a
Nevada Limited Partnership, manager
IM By: Woodpark Development Company,
nc. a ifornia Corporation
Its:
Sco yn , President
ACKNOWLEDGMENT
) ss.
On < i�5/ O �„ , 20 before me,
[ ] personally appeared , [ ]
the person whose name is subscribe o the within n
his authorized capacity, and that by his ignature on
person acted, executed the instrument.
WITNESS my hand a�officiN seal.
to me on tnewasis 4
and ac wledged to me
ment th p rson, or the ej
Notary Public
Page 4 of 8
tA is for said State,
is ory evidence to be
is
the same in
upon behalf\of which the
�I�puNN�I�u��lu1�I�I1�N�I�IN1 a.�-oa��a„
State of California
County of Riverside
On It 1 b 1�)00G— before me, Phyllis Manley, Notary Public, personally
appeared Scott Gayner , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
PHYLLIS MIANLEY
Commission Ir 137M
..Notary Public Ctilitomra
Riverside County
Comm. OCt 1�
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EXIUHIT A
(PROPERTY DESCRIPTION)
Parcels 10, 11 and 12 as shown by Parcel Map No. 29351, on file in Book 197, pages 33
through 36 of Parcel Maps, Records of Riverside County, California.
Page 5 of 8
1111111111111111111111111111111111111111111111111111111 a��aoa'�aa�
EXHIBIT B
(SPECIFIC PLAN 99-036)
Specific Plan 99-036 (La Quinta Corporate Centre) as approved by the City Council of
the City of La Quints California on September 7, 1999, and as amended on Jun 4, 2002 by the
City Council of La Quinta California.
Page 6 of 8
111111111111111111111111111111111111111111111111111111 e,�=ea��eeA
EXHIBIT C
(PERFORMANCE AND MATERIAL BOND(S))
Labor &
Material Bond
Performance
Bond
Perimeter Landscape $141,880 $141,880.
Bike Path $-0- $289000
Total $141,880 $1699880
SITE DEVELOPMENT MAINTENANCE AGREEMENT
Page 7 of 8
EXHIBIT D
(DESCRIPTION OF PERIMETER LANDSCAPING)
SITE DEVELOPMENT MAINTENANCE AGREEMENT
Page 8 of 8
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AS PREPAREC FOR ASSESSM:NT PURPOSES MY. NO LIABILITY
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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: Veronica J. Montecino
P O Box 1504
La Quints, CA 92247
DOC # 2@@9-@@36528
01/26/2009 08:00A Fee:NC
Page 1 of 5
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE AGREEMENT
between City of La Quinta and Fourth Quarter Properties XLIII, as successor in interest to 111
Venture, LLC.
Title of Document
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3•00 Additional Recoedin8 Fee Appliies)
Ka
I&
FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE AGREEMENT
This FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE
AGREEMENT ("First Amendment") is made as of the /a'�day of J u &m�4, 2008, by the
CITY OF LA QUINTA, CALIFORNIA, a California Charter city ("City"), and Fourth Quarter
Properties XLIII, as successor in interest tol 11 VENTURE, LLC ("Owner").
RECITALS
WHEREAS, the City and Owner desire to amend the SITE DEVELOPMENT
MAINTENANCE AGREEMENT dated November 5, 2002 (the "Maintenance Agreement")
recorded on July 8, 2003 as Document Number 2003-507395, Official Records of the County of
Riverside, California to account for the release and termination of Owner's obligation to build
and maintain a bike path, as set forth herein (capitalized terms not otherwise defined herein have
the meaning used in the Maintenance Agreement).
NOW THEREFORE, Owner and City hereby declare that the Maintenance Agreement is
hereby be amended as follows:
1. The following sentence is added to the end of the second paragraph of the
Recitals:
The City has released Owner from all obligations in the Maintenance
Agreement relating to the construction and maintenance of the bike path.
Owner's maintenance obligations pertaining to the perimeter landscaping
shall continue until released in accordance with this Maintenance
Agreement.
2. The First Paragraph of the Maintenance Agreement, entitled Obligations of
Owner, is hereby deleted in its entirety and replaced with the following:
Owner agrees to maintain the perimeter landscaping.
[Signatures on Following Pages]
{00126329: vrl
IN WITNESS WHEREOF, this First Amendment has been executed by City and Owner in the
manner and form sufficient to bind them as of the date first written above.
FOURTH QUARTER PROPERTIES XLIII,
LLC, a Georgia limited liability company
By:
Stanley E. Thomas, Manager
STATE OF
COUNTY OF"o"E A
On d/er _,5::, 2008, before me, �) t� yoLS a Notary Public in
and for said County and State, personally appeared Stanley E. Thomas, Manager of Fourth
Quarter Properties XLIII, LLC, personally known to be (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
[City sign
Witness my hand and official seal.
NOTARY'v�,Qa
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o�BeOOU 0 0000%%
{00126329: v:)
THE CITY OF LA QUINTA
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Name: 77fbMA5 P 64;h�
Its: Gar, /r/ANAGtYC
STA E OF CALIFORNIA
CO TY OF RIVERSIDE
�'►//A. , 2008, before mg.
in and for aid County and State, personally a
(or proved t me on the basis of satisfactory e
subscribed to he within instrument and acknc
authorized cap ity, and that by his signature
behalf of which tie person acted,
PUM .
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yComm. Expires Oct t 401
a Notary Public
known to be
idenc to be the person whose name is
vl ged to me that he executed the same in his
the instrument the person, or the entity upon
instrument.
Witness my hand and official seal.
Q� "&'
Notary Pu lic
(00126329 v }
State of California )
) ss.
County of Riverside )
On 1 J 1I?-/ ZL'b02 before me, Phyllis Manley, Notary Public,
personally appeared Thomas P. Genovese who proved to me on the basis of
satisfactory evidence, to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Cam` �..-
(Seal)
E - PHYL is MANLEY
Commission s 1697796
Notosy K"Ic - Como mio
RhwsI0e County
MyC0"M pc" ool l6, 201