PCRES 2003-079PLANNING COMMISSION RESOLUTION 2003-079
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
A DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF LA QUINTA AND CENTEX DESTINATION
PROPERTIES FOR A 280-UNIT RESORT RESIDENTIAL
PROJECT ON PROPERTY LOCATED TO THE
NORHTWEST OF THE INTERSECTION OF COACHELLA
DRIVE AND EISENHOWER DRIVE
CASE NO.: DEVELOPEMNT AGREEMENT 2003-007
APPLICANT: CENTEX DESTINATION PROPERITES
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 14'h day of October, 2003, hold a duly noticed Public Hearing
to consider Development Agreement 2003-007 which sets up terms and conditions
for the operation of a 280-unit resort residential project on 44+ acres in Tourist
Commercial and Open Space Zoning Districts in conjunction with Specific Plan
2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778 for
property located to the northwest of Coachella Drive and Eisenhower Drive, more
particularly described as:
Assessor's Parcel Numbers 658-130-003 to —005
Parcel 1 of Lot Line Adjustment 2001-361
Portion NE '/< of Section 36, TSS, R6E, SBBM
WHEREAS, the Community Development Department published the
Public Hearing notice in the Desert Sun newspaper on October 3, 2003, for the
October 14, 2003 Planning Commission meeting as prescribed by Section
9.200.110 (Public Notice Procedure) of the Zoning Code. Public Hearing notices
were also mailed to all property owners and residents within 500 feet of the site
and to local public agencies on September 191h and 25`h; and
WHEREAS, the City Council on September 16, 2003, certified
Environmental Assessment 2003-478 for Specific Plan 2003-065, Tentative Tract
Map 31379 and Site Development Permit 2003-778 by adoption of Resolution
2003-89. The adopted Mitigation Measures for the private resort will be
implemented during on -site construction activities, therefore, the project will not
have a significant adverse effect on the environment. No changed circumstances
or conditions are proposed which would trigger the preparation of a subsequent
Environmental Assessment pursuant to Public Resources Code Section 21 166; and
Planning Commission Resolution 2003-079
Development Agreement 2003-007, Centex
Adopted: October 14, 2003
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following mandatory findings of approval to
justify a recommendation to the City Council for approval of said Development
Agreement 2003-007, pursuant to Section 9.250.030 of the Zoning Code:
1. The proposed Agreement is consistent with the goals, policies and intent of
the La Quinta General Plan and Municipal Code in that the existing
entitlements (Specific Plan 2003-065, Tentative Tract Map 31379 and Site
Development Permit 2003-778) will implement construction of one- and two-
story resort residential units in the Tourist Commercial land use area.
2. The proposed Development Agreement insures infrastructure improvements
will be installed on Eisenhower Drive to benefit residents and/or guests of the
City of La Quinta via the implementation of Specific Plan 2003-065, Site
Development Permit 2003-778 and Tentative Tract Map 31379.
3. Approval of this Development Agreement will not be detrimental to the public
health, safety or general welfare of the community because development
conditions are prescribed that are consistent with Specific Plan 2003-065,
Site Development Permit 2003-778 and Tentative Tract Map 31379.
4. Approval of this 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 growth.
5. Approval of the Development Agreement will provide a positive fiscal impact
on the City by providing Transient Occupancy Tax (TOT) revenue to the
General Fund for Citywide services.
6. Consideration of the 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.
Planning Commission Resolution 2003-079
Development Agreement 2003-007, Centex
Adopted: October 14, 2003
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case; and
2. That it does hereby recommend to the City Council approval of Development
Agreement 2003-007 for the reasons set forth in this Resolution, and subject
to the attached Conditions of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 14" day of October, 2003, by the
following vote, to wit:
AYES: Commissioners Abels, Daniels, Quill, Tyler and Chairman Kirk
ABSENT: None
ABSTAIN: None
I KIRK, Chairman
of La Quinta, California
ATTEST:
HEMAN
nity Development Director
La Quinta, California
ATTACHMENT 2
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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
CITY OF LA QUINTA ("CITY")
AND
CENTEX HOMES
A NEVADA GENERAL PARTNERSHIP ("DEVELOPER")
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DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of the _ day of
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 California (the "City"), and CENTEX HOMES, a Nevada General Partnership
(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 the execution of this Agreement, the City approved the Villa La Quinta
Specific Plan 2003-065 ("Specific Plan") that provides comprehensive planning and
development criteria for Villa La Quinta (the 'Project"), a resort residential master planned
community with 280 resort residential units ("Villas") and associated recreational facilities
located on approximately 44.61 acres. The City has also approved Tentative Tract Map No.
31379, Environmental Assessment No. 2003-478, (the "Mitigated Negative Declaration"), and
Site Development Permit 2003-778 for the Project. The Specific Plan, Tentative Tract Map,
Mitigated Negative Declaration, and Site Development Permit are collectively referred to herein
as 'Development Plan".
D. Developer owns the 44.61 acre parcel ("Site") which is legally described in
Exhibit "A" attached hereto, and which is the subject of the Development Plan.
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) setting forth a per -unit up
front payment schedule for the Developer's payment to the City of certain amounts that the
parties agree are designed to compensate the City for (A) the potential loss of anticipated general
fund revenues as a result of the use of the Site for a residential resort use rather than as
traditional tourist commercial use, such as a "hotel' as that term is defined in Section 9.280.030
of the La Quinta Municipal Code ("Hotel'); (B) the uncompensated costs of potential additional
public services that the Development Plan will generate, which costs would have been recovered
if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and
the potential added wear and tear on the municipal infrastructure which will result from the -
Development Plan, the costs of which would have been compensated if the Site were to be
developed for a traditional tourist commercial use, such as a Hotel; (ii) establishing an on -going
obligation of the Project to pay the City certain amounts designed to compensate the City unless 012
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and until the Villas within the Project generate specified levels of transient occupancy tax; and
(iii) granting Developer a vested right to develop the Site according to the Development Plan.
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 it
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.
I. On , the City Council adopted its Ordinance No.
approving this Agreement.
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:
1.0 GENERAL.
1.1 Term.
The term of this Agreement (the "Term") 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 which is the date that Ordinance No. takes
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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. 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.
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 thereof (the "Conditions of Approval") which, among other conditions of approval
associated with future approvals and permits issued by the City, include but are not limited to the
conditions of approval set forth in Exhibit "B" attached hereto) shall be deemed vested upon
execution of this Agreement, which vesting shall expire upon the earlier of the following
occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of
this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the
earlier of the final approved City inspection of the completed development on such phase, parcel,
or lot, or the issuance by the City of a certificate of occupancy for 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 the following, to the same extent it would without this Agreement:
(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 adoption is optional, the failure to adopt or apply such non -City law or
regulation would cause the City to sustain a loss of funds or loss of access to funding or other
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resources), or (C) New Laws the City reserves the right to apply under this Agreement,
including, but not limited to, Sections 2.2 and 3.3.5;
(iii) all subsequent development approvals and the conditions of approval
associated therewith, including but not limited to any further site development permits, 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, the 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.
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 on a City-wide basis and applied to Site in a non-discriminatory manner,
including new development impact fees, or increasing any existing City fees, including
existing development impact fees, 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.
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3.0 DEVELOPER'S OBLIGATIONS.
3.1 Conditions of Approval.
The Conditions of Approval attached hereto as Exhibit `B" include and incorporate the
mitigation measures of the 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.
3.2 Covenants. Conditions and Restrictions.
3.2.1 Recordation of Covenants, Conditions and Restrictions and Establish-
ment of Villa La Quinta Homeowners Association.
Prior to, and as a condition of, the City's issuance of any building permit for the
residential units, the Developer shall submit to the City, obtain approval thereof, and record,
covenants, conditions and restrictions (the "CCRs") against the Site which, in addition to the
obligations set forth in the Conditions of Approval, shall (i) establish a homeowner's association
for the Project (the "Villa La Quinta HOA"); (ii) provide for the Villa La Quinta HOA's payment
of the fees described in Section 3.3.3; and (iii) provide for the Villa La Quinta HOA's operation
of a Rental Tracking System, as described in Section 3.3.5. If the City fails to approve, deny or
comment with regard to the CCRs within fifteen (15) days of submission by Developer to the
City, the CCRs shall be deemed approved. The City shall not unreasonably deny approval of the
CCRs. As to the provisions of the CCRs implementing this Agreement, the City shall be
provided adequate enforcement rights. No modification of those portions of the CCRs
implementing the provisions of this Agreement shall be permitted unless the City provides its
written consent. If the California Department of Real Estate ("DRE") refused to approve the
CCRs in the form approved by the City, and the Developer has used all reasonable efforts to
obtain the approval, the City and the Developer shall negotiate in good faith to develop
equivalent protection of the City's interests in this Agreement. Such equivalent protections shall
be subject to the approval of both the City and the Developer. Agreement upon the equivalent
protection shall be necessary in order for the issuance of any building permit for the residential
units.
3.3 Payments to City by HOA and Developer.
3.3.1 General.
During the Term of this Agreement, Developer or the Villa La Quinta HOA, as
applicable, shall make the payments to City described in this Section 3.3. The payments under
this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this
Section 3.3 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 and this Agreement.
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3.3.2 Developer's Payments of One -Time Mitigation Fees
Developer shall pay or cause to be paid to the City, for each of the 280 resort residential
units in the Project, with such payment due on or before the date the building permit for each
such unit, the sum of Two Thousand Five Hundred Dollars ($2,500.00).
3.3.3 Villa La Quinta Annual Mitigation Fee-, Termination
During the term of this Agreement, on each July 1st following the Effective Date
("Annual Mitigation Payment Date"), the Villa La Quinta BOA shall pay to the City an annual
mitigation fee ("Villa La Quinta 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 Villa La Quinta
Annual Mitigation Fee shall be the collective sum of One Thousand Dollars ($1,000) for each of
the resort residential units ("Villa La Quinta Unit Fee") in the Project that has been sold to a third
party purchaser, as evidenced by a recorded deed for such unit, prior to the applicable Annual
Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold.
Notwithstanding the paragraph above, if the City has received transient occupancy tax
('TOT") for rentals from Villa La Quinta in excess of Five Hundred Thousand Dollars
($500,000) ("Level 1 TOT Goal") for three consecutive Operative Years during the term of this
Agreement, the Villa La Quinta Annual Mitigation Fee for the next Operative Year shall be
reduced from One Thousand Dollars ($1,000) per unit in the Project to Five Hundred Dollars
($500) per unit in the Project. If the City has received TOT for rentals from Villa La Quinta in
excess of One Million Dollars ($1,000,000) ("Level 2 TOT Goal") for any three consecutive
Operative Years during the term of this Agreement, then the Villa La Quinta HOA's obligation
to pay the Villa La Quinta Annual Mitigation Fee for any Operative Years thereafter shall
terminate and shall be of no further force and effect. All rentals of Villas shall remain subject to
the City's TOT requirements.
The CCRs for the Project shall provide for the assessment and collection of the Villa La
Quinta Annual Mitigation Fee and shall provide for and adequately ensure the collection and
payment thereof. As to the collection and payment of the Villa La Quinta Annual Mitigation
Fee, the CCRs shall provide the City with enforcement rights against both the Villa La Quinta
HOA and the owners. The City shall be provided with the same rights of collection as the Villa
La Quinta Annual Mitigation Fee that the Villa La Quinta BOA shall have for the collection of
other fees and assessments. However, the Villa La Quinta BOA shall have the obligation for
collection and payment of the Villa La Quinta Annual Mitigation Fee. In any action by the City
to collect the Villa La Quinta Annual Mitigation Fee, the City shall, in addition to the fee, be
entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights.
3.3.4 Consumer Price Index Adjustments
The Villa La Quinta Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be
adjusted annually, on each May I" during the term of this Agreement, by the increase in 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 017
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Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately
prior March Is` to the CPI existing on the March IS` of the previous year. The first such
adjustment shall occur on the first May 1" following on the earlier of the following two dates: (i)
the closing of the first sale of a residential unit; or (ii) the two-year anniversary of the Reference
Date. No adjustment shall be made in any year in which there has been a decrease in the CPI. If
the CPI is no longer published at any point during the Tenn of this Agreement, a comparable
index shall be selected by the parties.
3.3.5 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 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 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.
3.3.6 Rental Tracking System.
The CCRs shall provide that the Villa La Quinta HOA will establish and operate
throughout the term of this Agreement a Rental Tracking system (the 'Rental Tracking System")
to be administered by the Villa La Quinta HOA or its agents or contractors. The Villa La Quinta
HOA shall be required to designate and notify the City of the Rental Tracking System
administer. The CCRs shall require each owner (or such owner's agent) within the Project to
report any rental of such owner's unit to the Rental Tracking System administrator if such unit is
not rented through the Rental Tracking System. The CCRs shall require that the owners shall be
responsible for reporting to the Rental Tracking System administrator the following information
for all rentals of all units within the Project: (a) unit rented; (b) the term of the rental, including
the first and last day; (c) the rental payment; (d) the rental agent, if any; and (e) the name of the
renter. The Rental Tracking System administrator shall use all reasonable diligence to assure
that all such information is collected. The Rental Tracking System administrator shall provide
monthly written reports summarizing the information collected pursuant to (a) through (d),
inclusive, as an aid to the City in assuring that the proper collection of applicable TOT is
occurring. The City shall have the right to audit the records of the Rental Tracking System
administrator upon two business days written notice to the same. The Developer or Villa La
Quinta HOA shall notify the City of the name and contact information of the Rental Tracking
System administrator on or before the date that the first certificate of occupancy is issued for any
of the residential resorts units. It shall be the obligation of the Villa La Quinta HOA to notify the
City of any redesignation of the Rental Tracking System administrator. On an annual basis, the
Rental Tracking System administrator shall provide an information brochure to all owners of _
units describing: (1) the limitation on renting units for more than 30 consecutive days; (2) the
obligation to collect TOT on all rentals; (3) the obligation in the CCRs that owners or their
agents report all rentals to the Rental Tracking System administrator; and (4) contact information
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opportunities that are known to be available to the owners pursuant to Section 3.3.7. The City
Community Development Director shall approve the brochure prior to its distribution. The
City's approval of the brochure will not be unreasonably withheld.
3.3.7 Rental Management Program
Developer shall be responsible for ensuring that for the Term of this Agreement, one or
more contract(s) shall be in effect at all times which provide opportunities to the owners of the
resort residential units to have the ability to make their units available for rental periods of up to
30 consecutive days. The contract or contracts may, but are not required to be, with an on -site
rental management agent. Developer may assign this obligation to the Villa La Quints HOA in
accordance with the procedures of Section 3.3.8.
3.3.8 Assumption of Obligation by Villa La Ouinta HOA
Upon the recordation of the CCRs and the execution and recordation of an assumption
and assignment agreement, the obligations set forth in Section 3.3.3, 3.3.4, 3.3.6 and 3.3.7 shall
be the obligation of the Villa La Quinta HOA and the Developer shall no longer be responsible
for their implementation. The assumption and assignment agreement shall be in the form set
forth in Exhibit "D".
3.4 Dedications and Improvements
Developer shall offer such 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.
3.5 Indemnification.
(a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and
its 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 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, except to the extent that the liability or claims arise from the
City's 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.
(b) Developer agrees to and shall indemnify, hold harmless, and defend, the
Indemnified Parties from any challenge to the validity of this Agreement, the CCRs
implementing this Agreement, or to the City's implementation of its rights under this 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.
(c) 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) 019
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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 attorney's
fees, incurred in defense of such claim. 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.
4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS.
4.1 Scope of Subsequent 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.
Prior to each request for a building permit, Developer shall provide City with a
Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as
Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully
complied with. The Certificate shall be distributed to the relevant City departments in order to
check 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 Developer's compliance with the terms of 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 has been found in compliance with this 0 41- o
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Agreement, the 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 fort, 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.
4.4 Satisfaction of Specific Plan Condition
The City hereby acknowledges and agrees that full compliance with this Agreement,
among other things, will constitute Developer's satisfaction and compliance with those portions
of condition 14 of the conditions of approval for the Specific Plan approved by the City which
relate to Developer's obligation to enter into (i) a development agreement for the payment of
TOT and (ii) one or more rental management service contracts with a Resort/Hotel or rental
management company for such Resort/Hotel (as such terms are defined in said condition), to
maintain such contracts in effect for a period of ten (10) years, and to provide copies of such
contracts to the Community Development Department,
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
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 patty shall commence
to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period
for non -monetary defaults], and shall 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. In
no event shall the City be entitled to consequential, exemplary or punitive 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 Projector any
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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 Remedies.
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 (except for
attorneys' fees as provided for by Section 8.22) 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 any future amendments or enactments
thereto, or any land use permits or approvals sought in connection with the development of the
Project or any component thereof, or use of a parcel or 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.
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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 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 the 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], the Mortgagee shall commence to cure, correct, or remedy the default within
such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall
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 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 Successors and Assigns
Developer shall have the right to sell, transfer or assign Site, or any portion thereof
(provided that no such transfer shall violate the Subdivision Map Act, Government Code
§66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during
the term of this Agreement. Any such sale or transfer shall include, with respect to the Site or
the portion thereof sold or transferred, the assignment and assumption, in a fully executed written
agreement, in whole or in part, of the rights, duties and obligations of the Developer under the
terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect
to the Site or the portion thereof sold or transferred, be released from any further obligations
under the terms of this Agreement, provided:
(a) Developer no longer has any legal or equitable interest in the Site or the portion
thereof sold or transferred, as applicable;
(b) Developer is not, at the time of the transfer, in default under the terms of this
Agreement; and
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(c) Developer has submitted an executed assignment and assumption agreement in a
form set forth in Exhibit F.
7.2 Sales in Normal Course of Business
The provisions of the above Section shall not apply to the sale or lease of a residential
dwelling unit which has been finally subdivided and is individually (and not in "bulk") sold or
]eased to a member of the public or other ultimate user. Upon any such sale or lease, the
residential dwelling unit shall be released from the rights, duties and obligations of the
Developer under this Agreement, except for all obligations which extend to the individual units
under the CCRs provisions which implement this Agreement. This release shall in no way limit
the duties and obligations of the Developer or the Villa La Quinta HOA.
7.3 Assignment by City.
The 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)
persona] 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
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: Mr. Steve Mudge
Centex Real Estate Corporation
2275 Corporate Circle, Suite 230
Henderson, NV 89074
Telephone: (702) 990-0800
Facsimile: (702) 990-0400
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With a copies to
BEST BEST & KRIEGER LLP
Attn: Daniel E. Olivier, Esq.
74-760 Highway 111, Ste. 200
Indian Wells, CA 92210
Telephone: (760) 568-2611
Facsimile: (760) 340-6698
Edward G. Milgrim
385 Douglas Avenue, Suite 3100
Almonte Springs, FL 32714
Telephone: (407) 661-2103
Facsimile: (407) 661-9041
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 Maieure.
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 shall not excuse performance by the City) or any 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 Bindine 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
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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 Emolovees
No official, officer, employee, agent or representative of the 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 the City.
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.
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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 Carrvine 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
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 thirty (30) days following receipt of such written
request. 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. The 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.
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1 _._:_ M
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" — "F" to which reference is made in this Agreement are deemed
appropriated herein in their entirety. Said exhibits are identified as follows:
A Legal Description of Site
B Conditions of Approval
C Mitigation Monitoring Program
D Assignment and.Assumption Agreement for HOA
E Compliance Certificate
F General Assignment and Assumption 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.
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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 Governing Law: Litigation Matters
The internal laws of the State of California shall govem 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.
8.23 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,
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.
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IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as
of the Reference Date.
"DEVELOPER"
CENTEX HOMES, a Nevada General
Partnership
By:
Its:
"CITY"
CITY OF LA QUINTA, a California municipal
corporation
0
Thomas Genovese
City Manager
ATTEST:
June Greek
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
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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]
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]
031.
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EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
n.0
3 ..
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EXHIBIT `B"
CONDITIONS OF APPROVAL
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.33
EXHIBIT "C"
MITIGATION MONITORING PROGRAM
PROTECT MONITORING CHECKLIST
(CEQA Mitigation Measures)
PROJECT NAME
FILE NUMBER
APPROVAL DATE
ENVIRONMENTAL
All of the mitigation measures required for this project are consolidated on this checklist for the
purpose of monitoring them for completion as a part of the project approval process. Each
responsible department/division will assign a deadline for completion of the conditions it has
required. Numbers of conditions are entered in the appropriate column. A signature at each
point in the approval process indicates completion of conditions required by a responsible
department/division at that point in time. Final approval for C of O must be obtained from the
Community Development Department.
Responsible
Department I 11 During
/ Division Demolition Demolition III Grading
Coo -
Building
COD -
Planning
PWD-
General
VI
IV
Certificate
Building
V During Of
Permit
Construction Occupancy VII Other
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Ongoing
EXHIBIT "D'a
ASSIGNMENT AND ASSUMPTION AGREEMENT FOR HOA
0317)
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036
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EXHIBIT "E"
COMPLIANCE CERTIFICATE
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n 3,
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EXHIBIT "F"
GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT
m