2011 LQ Retirement Residence - Checklist & Environmental DocsDEVELOPER: LA QUINTA RETIREMENT RESIDENCE LIMITED
PARTNERSHIP (LQRR)
General Partner: La Quinta GP LLC
Manager: Hawthorn Management Services Corp.
PROJECT NAME: LA QUINTA RETIREMENT COMMUNITY
Senior congregate care residential facility including independent living and
assisted living units.
LOCATION: SE corner of Miles Avenue & Washington Street (within CENTRE POINTE dev)
PARCEL B of Lot Line Adjustment 2006-452, containing 9.451 acres
Parcel 8 of PM 31116 (post LLA 2006-452)
APN 604-630-027 -6
OFFER AND CONTRACT TO PURCHASE REAL PROPERTY between CP as Seller and LQRR as
Buyer dated 1/18/2011, amended 6/9/2011 for Parcel B of LLA 2006-452.
(Clerk never received a copy)
_ASSIGNMENT AND ASSUMPTION AGREEMENT between CP and LQRR dated 6/29/201 1
transferring rights and responsibilities for Parcel B to LQRR, recorded 7/1/2011 DOC# 201.1-
0293772.
GRANT DEED from CP to LQRR ownership of Parcel B of LLA 2006-492, recorded
DOC# (Clerk never received a copy)
DOCS REQUIRED BY ORIGINAL DDA/DA WITH CP (transferred to LQRR too?)
(Clerk does not have copies)
INDEMNIFICATION AGREEMENT among LQRR, CITY and LQ RDA
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FRO PROPERTY
DEED OF TRUST WITH ASSIGNMENT OF RENTS AND RIDER ATTACHED HERETO
RIDER TO SUBORDINATED DEED OF TRUST WITH ASSIGNMENT OF RENTS
RELEASE OF CONSTRUCTION COVENANTS
RELATED DEVELOPMENT DOCUMENTS
ENVIRONMENTAL ASSESSMENT 2011-617
GENERAL PLAN AMENDMENT 2011-123
ZONE CHANGE 2011-140
SPECIFIC PLAN 2011-055 AMENDMENT #3
TENTATIVE PARCEL MAP 36405
SITE DEVELOPMENT PERMIT 2011-921
La Quinta Retirement Residence Limited Partnership Page 1 of 1
I
' NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION
To:
County Clerk
County of Riverside
Attention: Tammy Marshall
2724 Gateway Drive
Riverside, CA 92507
O
eg p �doC o�R pDetafmn
Osr`D 2t>S1, ation
AUG?
ye9?Qi?
a.
LARRY W. WARD, CLERK ougtyat
Subject: By yn • Meyer RLefS' e Srs
The City of La Quinta intends to adopt a Mitigate NegatN'beclaration for Environmental Asse o
617 in compliance with Section 21092 et.seq. of the Public Resources Code, with respe to the
more fully described herein.
From:
City of La Quinta
L E : Les Johnson
RIVERSIDE COUNTY -495 Calle Tampico
AUG 29 2012 La Quinta CA 92253
Project Title: Environmental Assessment 2011-617; General Plan Amendment 2011-123; Zone
Change 2011-140; Specific Plan 2001-055 Amendment 3; Tentative Parcel Map
36405; Site Development Permit 2011-921
La Quinta Retirement Community
State Clearinghouse Number Lead Agency/Contact Person Telephone
N/A City of La Quinta/Les Johnson 760-777-7125
Project Location (include County):
Seeley Drive, east of Washington Street, south of Miles Avenue, within the City of La Quinta, County of
Riverside.
Project Description:
The proposed La Quinta Retirement Community is an approximately 111,000 square foot retirement
community located on an approximately 9.5-acre vacant parcel, within the Centre Pointe commercial
development in the City of La Quinta. The proposed community consists of a three-story, 132-suite
retirement facility, four independent living duplex cottage units, a two-story, 72-suite assisted living facility,
and a one-story, 32-bed memory care facility. Two development phases are proposed; the first phase
includes the retirement facility and duplex units, along with parking and landscaping, and the second phase
includes the assisted living and memory care facility. Access into and out of the proposed community is off
of Seeley Drive. A restricted fire department access is also located along Seeley Drive.
The Planning Director has determined that the project will not have a significant adverse impact on the
environment and therefore recommends a Mitigated Negative Declaration of environmental impact be
certified. The Initial Study/Environmental Assessment and all documents referenced therein along with the
Mitigated Negative Declaration are available for review and copying Monday through Thursday 7:30 a.m. to
5:30 p.m., and Friday 8:00 a.m. until 5:00 p.m. at the Planning Department, La Quinta City Hall, 78-495
Calle Tampico, La Quinta, California. The public is invited to comment on the Mitigated Negative Declaration
during the public review period beginning on August 28, 2012 and ending on September 27, 2012.
City Council Hearing:
The La Qum Ity Council will consider the Mitigated Negative Declaration at a public meeting tentatively
scheduled r 9ctober 16, 2012, to be held at 7:00 p.m. in the City Council Chambers, located at 78-495
Calle Ta co LaAuinta, CA 92253.
Planning Director
t4
CITY OF LA QUINTA
NOTICE OF INTENT TO ADOPT
A MITIGATED NEGATIVE
DECLARATION
ENVIRONMENTAL ASSESSMENT 2011-617; GENERAL PLAN AMENDMENT 2011-123;
ZONE CHANGE 2011-140; SPECIFIC PLAN 2001-055 AMENDMENT 3; TENTATIVE PARCEL
MAP 36405; SITE DEVELOPMENT PERMIT 2011-921
Project Title:
La Quinta Retirement Community
State Clearinghouse Number
N/A
Lead Agency/Contact Person
City of La Quinta/Jay Wuu
Telephone Number
(760) 777-7125
Project Location:
Seeley Drive, east of Washington Street, south of Miles Avenue, within the City of La Quinta, County of Riverside.
Project Description:
The proposed La Quinta Retirement Community is an approximately 111,000 square foot retirement community
located on an approximately 9.5-acre vacant parcel within the Centre Pointe commercial development in the City of
La Quinta. The proposed community consists of a three-story, 132-suite retirement facility, four independent living
duplex cottage units, a two-story, 72-suite assisted living facility, and a one-story, 32-bed memory care facility. Two
development phases are proposed; the first phase includes the retirement facility and duplex units, along with parking
and landscaping, and the second phase includes the assisted living and memory care facility. Access into and out of
the proposed community is off of Seeley Drive. A restricted fire department access is also located along Seeley
Drive.
The Planning Director has determined that the project will not have a significant adverse impact on the environment
and therefore recommends a Mitigated Negative Declaration of environmental impact be certified. The Initial
Study/Environmental Assessment and all documents referenced therein along with the Mitigated Negative Declaration
are available for review and copying Monday through Thursday 7:30 a.m. to 5:30 p.m., and Friday 8:00 a.m. until
5:00 p.m. at the Planning Department, La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. The public
is invited to comment on the Mitigated Negative Declaration during the public review period beginning on August 28,
2012 and ending on September 27, 2012. For more information or assistance, please contact Jay Wuu, Associate
Planner at 760-777-7125.
Planning Commission Action:
The La Quinta Planning Commission will consider the Mitigated Negative Declaration at a public meeting tentatively
scheduled for September 25, 2012, to be held at 7:00 p.m. in the City Council Chambers, located at 78-495 Calle
Tampico, La Quinta, CA 92253.
City Council Action:
The La Quinta City Council will consider the Mitigated Negative Declaration at a public meeting tentatively scheduled
for October 16, 2012, to be held at 7:00 p.m. in the City Council Chambers, located at 78-495 Calle Tampico, La
Quinta, CA 92253.
These are tentative dates. Please call the number listed above for confirmation of the dates prior to any planned
meeting attendance.
PUBLISH ONCE ON 8/28/2012
1.
2.
3.
4.
5.
6.
California Environmental Quality Act Initial Study
(as required by Sec. 15063 of the Public Resources Code)
To be completed by the lead agency
Project Title: La Quinta Retirement Community
EA 2011-617
Lead Agency Name and Address:
Contact Person and Phone Number:
Project Location:
Project Sponsor's Name and Address:
Existing General Plan Designation:
Proposed General Plan Designation:
Existing Zoning:
Proposed Zoning:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Jay Wuu, Associate Planner
760-777-7125
Seeley Drive, east of Washington Street, south
of Miles Avenue
Assessor's Parcel Number 604-630-027
Lenity Group, LLC
471 High Street, Suite 10
Salem, OR 97301
Medium Density Residential (8 du/acre)
Medium High Density Residential (12 du/acre)
Medium Density Residential
Medium High Density Residential
8. Description of Project: (Describe the whole action involved, including but not limited to
later phases of the project, and any secondary, support, or off -site features necessary for its
implementation. Attach additional sheets if necessary.)
The proposed La Quinta Retirement Community is an approximately 111,000 square foot
retirement community located on an approximately 9.5-acre vacant parcel within the Centre
Pointe commercial development in the City of La Quinta. The proposed community
consists of a three-story, 132-suite retirement facility, four independent living duplex cottage
units, a two-story, 72-suite assisted living facility, and a one-story, 32-bed memory care
facility. Two development phases are proposed; the first phase includes the retirement
facility and duplex units, along with parking and landscaping, and the second phase includes
the assisted living and memory care facility. Access into and out of the proposed
community is off of Seeley Drive. A restricted fire department access is also located along
Seeley Drive.
Multiple applications have been filed for the proposed project, including a General Plan
Amendment, Zone Change, Specific Plan Amendment, and 'Site Development Permit.
9.
10.
Surrounding Land Uses and Setting: Briefly describe the project's surroundings:
North: Parks & Recreation (P)
Existing community park
South: Office Commercial (0)
Vacant, un-entitled land
East: Low Density Residential (LDR)
Existing residential community
West: Office Commercial (0)
Existing medical health center
Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement):
Coachella Valley Water District
FA
AMENDMENT NO. 7 TO DISPOSITION AND DEVELOPMENT AGREEMENT
This AMENDMENT NO. 7 TO DISPOSITION AND DEVELOPMENT AGREEMENT
("Amendment No. 7") is made and entered into as of OG768rM !q , 2012 by and
between CITY AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and politic ("Successor Agency"), and LA QUINTA
RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership
("Developer").
RECITALS:
A. On or about December 18, 2003, the former La Quinta Redevelopment Agency
("Agency") and CP Development La Quinta, LLC (the "Original Developer") entered into that
certain Disposition and Development Agreement (the "Original DDA"), pursuant to which the
Agency sold to the Original Developer that certain real property located southeast of the Miles
Avenue and Washington Street intersection in the City of La Quinta, California 92253 (the
"Property") and the Original Developer agreed to construct, complete, and operate thereon a
commercial project containing a medical office/surgical facility, a development containing
sanctuary villas, a mid -price suites hotel, a resort -style condominium/casitas development,
two (2) sit-down restaurants, and two (2) single-family residential developments, with forty (40)
of the single-family homes restricted for sale to income -eligible buyers at a restricted sales price
(collectively, the "Original Project").
B. The Original DDA has been amended on six (6) occasions, on or about October
28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20,
2006, on or about August 23, 2007, and on or about March 19, 2008 (collectively, the "Prior
DDA Amendments"). The Original DDA, as amended by the Prior DDA Amendments, is
hereinafter referred to as the "DDA", and the Original Project, as amended by the Prior DDA
Amendments, is hereinafter referred to as the "Project."
C. The Original Developer previously processed through the City Lot Line
Adjustment No. 2006-452, which reconfigured the parcels previously designated as "Parcel 6,"
"Parcel 7," and "Parcel 8" of Parcel Map 31116, in Book 212, at Pages 60-66, inclusive, of
Parcel Maps, Riverside County Records, into "Parcel A" and "Parcel B". Parcel A has since
been sold to Eisenhower Medical Center and medical facilities have since been constructed
thereon.
D. On or about July 1, 2011, the Original Developer sold Parcel B to Developer for
the purpose of Developer's construction thereon of (i) a one hundred thirty-two (132) suite
retirement community, (ii) four (4) single -story duplex cottages, (iii) a seventy-two (72) suite
assisted living community, and (iv) a thirty-two (32) bed memory care facility (collectively, the
"Senior Living Facility)." Parcel B is legally described in Exhibit "A", which is attached hereto
and incorporated herein by this reference.
E. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABxl 26") and
Assembly Bill 27 ("ABxl 27") from the 2011-12 First Extraordinary Session of the California
Legislature. ABxl 26 immediately suspended all redevelopment agency activities, except
882M 15610-0061 _
3052035.3 a09R1/12 -t
continued performance of "enforceable obligations," and set forth a process to dissolve
redevelopment agencies and end redevelopment in California. ABxl 27 provided a "voluntary
alternative redevelopment program," which would have allowed redevelopment agencies to
remain in existence and continue redevelopment, if remittance payments were made to cover the
State of California's budget shortfall for fiscal year 2011-12 and were made in subsequent fiscal
years to cover State costs. A lawsuit was filed, challenging the constitutionality of both ABx1 26
and 27. The California Supreme Court upheld the constitutionality of ABxl 26, revising the
effective dates of certain provisions, and struck down as unconstitutional ABxl 27. (California
Redevelopment Assn. v. Matosantos (2011) 53 Cal.4`h 231 ("CRA Case"). ABx1 26 is chapter 5,
Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and
Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. Under the CRA
Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety
Code section 341710), added by Part 1.85 of Division 24, and City Council Resolution No.
2012-002, the City of La Quinta ("City") is the "successor agency" to the former Agency.
F. On June 27, 2012, the Governor signed Assembly Bill 1484 from the 2011-2012
Regular Session of the California Legislature ("AB 1484"), which established that successor
agencies are separate legal entities from the entities that provide for their governance. As a
result of AB 1484, the successor agency to the former Agency is now formally the "City as
Successor Agency to the La Quinta Redevelopment Agency".
G. Pursuant to the terms and conditions of this Amendment No. 7, Developer and
Successor Agency now wish to modify certain terms set forth in the DDA with respect to Parcel
B. Unless defined herein to the contrary, all capitalized terms in this Amendment No. 7 shall
have the meanings ascribed thereto in the DDA.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by this reference, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
The DDA is hereby amended as follows:
1. Section 100 entitled "Definitions" is modified to delete the following definitions,
in their entirety: Affordable Homes, Affordable Homes Mix, Affordable Housing Component,
Affordable Housing Cost, Agency Loan Amount, Buyer Affordable Housing Documents,
Declaration, Deed of Trust, Disbursement Schedule, Eligible Buyer, Parcel 7 Residential
Development, Residential Development, Residential Development Site Map, Promissory Note,
and Unrestricted Homes.
2. Section 100 entitled "Definitions" is modified add the following as new
definitions:
882/015610-0061
3052035.3 09/21/12 -2-
"Senior Living Facility" means (i) a one hundred thirty-two (132) suite retirement
community located in five (5) single -story duplex cottages, (ii) a seventy-two (72) suite assisted
living community, and (iii) a thirty-two (32) bed memory care facility.
"Parcel B" means Parcel B of Lot Line Adjustment No. 2006-452 in the City of
La Quinta, California.
Section 100 entitled "Definitions" is modified to revise the following definitions:
3.1 To revise the definition of "Phase of Development" by adding as a new
Phase of Development to be developed on Parcel B the "Senior Living Facility."
3.2 To revise the definition of "Project" by adding as a new Project
component the development of the Senior Living Facility.
4. Sections 400-404 entitled "Agency Loan; Homebuyer Assistance" are hereby
deleted in their entirety.
5. The following attachments are hereby deleted, in their entirety: Attachment No.
5, entitled "Disbursement Schedule and Procedures," Attachment No. 6, entitled "Affordable
Homes Mix," Attachment No. 7, entitled "Parcel 7 Residential Development Site Map,"
Attachment No. 9, entitled "Promissory Note," and Attachment No. 15, entitled "Declaration."
6. Attachment No. 8 entitled "Scope of Development" is hereby modified to replace
paragraph II.E thereof with the following:
"Senior Living Facility: The Project will contain a senior living facility (the
"Senior Living Facility"). The Senior Living Facility will include (i) a one
hundred thirty-two (132) suite retirement community, (ii) four (4) single -story
duplex cottages, (iii) a seventy-two (72) suite assisted living community, and (iv)
a thirty-two (32) bed memory care facility. The Senior Living Facility will be
developed in a series of one (1), two (2) and three (3) story structures to be built
on Parcel B.
7. The effectiveness of this Amendment No. 7 is conditioned on the execution by
Developer and the Original Developer of an assignment and assumption agreement, in a form
approved by counsel to the Successor Agency, pursuant to which the Original Developer assigns
to the Developer and the Developer assumes from the Original Developer all of the Original
Developer's rights and obligations under the DDA with respect to Parcel B and the Senior Living
Facility.
8. Developer shall reimburse Successor Agency for all of the costs Successor
Agency incurs or has incurred to negotiate, prepare and process this Amendment No. 7.
9. The Successor Agency has the authority to issue this Notice pursuant to ABxl 26
and the City's election to be the successor agency to the Agency. The Successor Agency's
liability shall be limited, pursuant to Health and Safety Code section 34173(e), to the sum of
" 2/0156 [0-0061 _
30520353 a0921/12 3
property tax revenue it receives pursuant to Part 1.85 of Division 24 of the Health and Safety
Code and the value of assets transferred to it as the successor agency to the Agency. In no
manner whatsoever does the Successor Agency's actions impose any obligation or liability on
any funds or revenues in the City of La Quinta General Fund or other City of La Quinta fund or
account that is not specifically for and in the name of the Successor Agency.
10. Except as otherwise expressly provided in this Amendment No. 7, all of the terms
and conditions of the DDA shall remain in full force and effect.
11. In the event of any action between or amongst the parties hereto seeking
enforcement of any of the terms and conditions to this Amendment No. 7, the prevailing party in
such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable
costs and expenses, including without limitation its expert witness fees and reasonable attorney's
fees.
12. This Amendment No. 7 shall be construed according to its fair meaning and as if
prepared by all of the parties hereto.
13. This Amendment No. 7 shall be governed by the internal laws of the State of
California and any question arising hereunder shall be construed or determined according to such
law. The Superior Court of the State of California in and for the County of Riverside, or such
other appropriate court in such county, shall have exclusive jurisdiction of any litigation between
the parties concerning this Amendment No. 7. Service of process on the Successor Agency 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
California.
14. Time is of the essence of this Amendment No. 7 and of each and every term and
provision hereof.
15. A waiver of a provision hereof, or modification of any provision herein contained,
shall be effective only if said waiver or modification is in writing, and signed by Successor
Agency and Developer. No waiver of any breach or default by any party hereto shall be
considered to be a waiver of any breach or default unless expressly provided herein or in the
waiver.
16. This Amendment No. 7 may be executed in counterparts, each of which, when
this Amendment No. 7 has been signed by all the parties hereto, shall be deemed an original, and
such counterparts shall constitute one and the same instrument.
17. The.person(s) executing this Amendment No. 7 on behalf of each of the parties
hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Amendment No. 7 on behalf of said party, (iii) by so
executing this Amendment No. 7 such party is formally bound to the provisions of this
Amendment No. 7, and (iv) the entering into this Amendment No. 7 does not violate any
provision of any other agreement to which such party is bound.
882/015610-0061
3052035.3 a09/21/12 -4-
IN WITNESS WHEREOF, Successor Agency and Developer each hereby represents that
it has read this Amendment No. 7, understands it, and hereby executes this Amendment No. 7 to
be effective as of the day and year first written above.
Date: Oc,41d, iS+ , 2012
Date: j L 2012
ATTEST:
i /1
Susan Maysels
Successor Agency Secretary
APPROVED AS TO FORM:
RUTAN UCK R
jr
By:
. K therit a Jenson
Successor Agency Co set
882I01561 M061
3052035.3 a00/21M -5-
"Developer"
LA QUINTA RETIREMENT RESIDENCE
LIMITED PARTNERSHIP, a Washington
limited partnership
By: La Quinta GP LLC, a Washington limited
liability company
Its: General Partner
By: Hawthorn Management Services
Corp., a Washington co oration
Its: Man
By:
Barton G. Colson
Its: President
"Successor Agency"
CITY AS SUCCESSOR AGENCY TO THE
LA QUINTA REDEVELOPMENT
AGENCY, a public body, cotporate and
politic d
Executive Director
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the aty of La Qulnta, County of Riverside, State of Caiifomla, described as
follows:
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO.2006-452 AS EVIDENCED BY 136CUMENT
RECORDED APRIL 19, 2006 AS INSTRUMENT NO.2006.0280726 OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IN THE CITY OF LA QUINTA,. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PARCEL 8
TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 31116, AS SHOWN BY MAP
ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE
COUNTY RECORDS, BEING IN THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE
7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8;
THENCE ALONG THE SOUTHEASTERLY, EASTERLY AND NORTHERLY BOUNDARY LINES OF SAID
PARCEL 8 THROUGH THE FOLLOWING FIVE (5) COURSES:
(1) NORTH 430 56 44" EAST, A DISTANCE OF 152.65 FEET;
(2) THENCE NORTH 00° 12' 13" WEST, A DISTANCE OF 790.73 FEET;
(3) THENCE SOUTH 89° 47 47" WEST, A DISTANCE OF 239.56 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING.A RADIUS OF 80.00 FEET;
(4) THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 450 27' 41", AN ARC DISTANCE OF 63.48 FEET;
(5) THENCE TANGENT TO SAID CURVE NORTH 440 44' 32" WEST, A DISTANCE OF 91.61 FEET
TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 440.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 490
06 37" EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY LINE OF PARCEL 8 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 7,
THROUGH A CENTRAL ANGLE OF 230 5145", AN ARC DISTANCE OF 183.63 FEET TO THE
BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
840.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 250 11' 52" EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY LINE OF PARCEL 7, THROUGH A CENTRAL ANGLE OF 04' 02' 08", AN ARC
DISTANCE OF 59.16 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL
7;
882/015610-0061
3052035.3 a09/21/12 -6-
THENCE ALONG THE WESTERLY LINES OF SAID PARCEL 7 THROUGH THE FOLLOWING THREE
(3) COURSES:
(1) SOUTH 16° 39' 14" EAST AND NON -TANGENT TO LAST SAID CURVE, AS DISTANCE OF 55.87
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF
250.00 FEET
(2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
200 41' 22", AN ARC DISTANCE OF 90.27 FEET;
(3) THENCE TANGENT TO SAID CURVE SOUTH 040 02' 08" WEST, A DISTANCE OF 333.46 FEET
TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 8;
THENCE LEAVING SAID WESTERLY LINES OF PARCEL 7 AND ALONG SAID PROLONGATION AND
SAID SOUTHWESTERLY LINE OF PARCEL 8, SOUTH 500 10' 13" EAST, A DISTANCE O 592.88
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM AGENCY EXCEPTS AND RESERVES FROM THE CONVEYANCE, HEREIN
DESCRIBED ALL INTEREST OF THE AGENCY IN OIL, GAS, HYDROCARBON SUBSTANCES AND
MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET
BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE
AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN FIVE HUNDRED (500) FEET
BELOW THE SURFACE THEROF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE
EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR
MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT
TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THEROF WITHIN FIVE
HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR
TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR
ENJOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM LA QUINTA
REDEVELOPMENT AGENCY, RECORDED DECEMBER 09, 2004 AS INSTRUMENT NO. 04.979137 .
OF OFFICIAL RECORDS.
APN: 604-630-027-6
882/015610-0061
3052035.3 a09/21/12 -7-
SEE SHEET 2 FOR
ANNOTATION TABLES
AND NOTES
Rl
R2
DETAIL 'A'
INFO L0 'IU "EV9.OKIENT DEPART meNI
A-ws�hmj, DATE 4 PARCEL 2 R
IT 6-1
C/L BO'
ACCESSrRtAN9�
EST.
HEREON
PARCEL 'A'
13.515 AC.
PARCEL B
L LOT !0'
SCALE: 1." = 200'
AAA MSA Co
[III lam„
342W Bob Rocs Dove
19cbsaosb (760) 321
PARCEL 3
PARCEL B
C/L 70'
ACCESS
I
I —LOT LINE TO BE
�(/ D TED PARCEL 'B'
9.451 AC,
PARCEL S
INEW ADJUSTED
LOT LINE
U•
S07
Q
lOT LINE TO
LOT DELETED
• ng
Rt4 PARCEL 8
SEE DETAIL 'A'
AT UPPER LEFT
R21•y
NE'LY LINE OR 64/54694 d
NSULTWO,INC. LEGEND
H & ASSOCLATBS, 7NC. I EXISTING LOT LINE TO BE DELETED
-0 •Lea 5baver>ra I EXISTING LOT LINE TO REMAIN
s RAN= Mm s CA 92270 NEW ADJUSTED LOT LINE
MU a PAX C760) 323.7993 RESTRICTED ACCESS,
882/015610-0061
3052035.3 e09/21/12 -g-
RESOLUTION NO. SA 2012 - 012
A RESOLUTION OF THE CITY AS SUCCESSOR AGENCY
TO THE LA QUINTA REDEVELOPMENT AGENCY
APPROVING A SEVENTH AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE FORMER LA QUINTA REDEVELOPMENT AGENCY AND
CP DEVELOPMENT LA QUINTA, LLC FOR THE PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF
WASHINGTON STREET AND MILES AVENUE
WHEREAS, pursuant to authority under the California Community
Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL"), on or
about December 18, 2003, the former La Quinta Redevelopment Agency ("Agency")
entered into a Disposition and Development Agreement ("Original Agreement") with CP
Development La Quinta, LLC, a California limited liability company ("Developer"),
pursuant to which the Agency conveyed to the Developer certain real property located
within the Agency's Project Area No. 2 (the "Property") for the ,Developer's
development thereon of a commercial project containing a medical office/clinic, a
boutique hotel, a mid -price suites hotel, a resort -style condominium/casitas
development, two sit-down ,restaurants, and :two,: single-family residential
developments, with forty of -the single-family homes restricted for sale to moderate -
income buyers at an affordable housing cost, all as more particularly described in the
Original Agreement (collectively, the "Original Project"); and
WHEREAS, the Agency and Developer have amended the Original Agreement on
six prior occasions, for purposes of revising, among other things, timelines for and
various components of the Original Project (as amended, the "Agreement" or the
"Project", as applicable); and
WHEREAS, the Developer has sold the portion of the Property designated
pursuant to the Agreement to be developed with 40 affordable single-family homes
(the "Subject Property") to La Quinta Retirement Residence Limited Partnership, a
Washington limited partnership ("LQRRLP"); and
WHEREAS, LQRRLP has processed through the City and has obtained the
approvals and entitlements necessary to develop on the Subject Property a senior living
facility that will include, (i) a 132 suite retirement community, (ii) four single -story
duplex cottages, (iii) a 72 suite assisted living community, and (iv) a 32 bed memory
care facility; and
WHEREAS, as part of the 2011-1.2 State budget bill, the California Legislature
enacted and the Governor signed, ABx1 26, requiring that each redevelopment agency
be dissolved; and
Resolytion No. SA 2012-012
CP Development La Quints, LLC
Disposition & Development Agreement - Amendment 7
Adopted: October 16, 2012
WHEREAS, an action challenging the constitutionality of ABx1 26 and
companion bill ABx1 27 was filed in the California Supreme Court by the California
Redevelopment Association, the League of. California Cities, and two individual cities;
and
WHEREAS, on December 29, 2011, the Court upheld ABx1 26 and struck down
as unconstitutional ABx1 27; and
WHEREAS, pursuant to (i) Health and Safety Code section 34171(j), added by
ABx1 26 and amended by Assembly Bill 1484, enacted by the California Legislature
and signed by the Governor on June 27, 2012, and (ii► City Council Resolution No.
2012-002, the City of La Quinta ("City") is the "successor agency" to the former
Agency, and in such capacity acts as the "City as Successor Agency to the La Quinta
Redevelopment Agency"; and
WHEREAS, pursuant to Health and Safety Code section 34177(i), added by
ABx1 26, successor agencies are required to oversee development of properties until
the contracted work has been completed; and
'WHEREAS,. the Successor Agency has negotiated' With the LQRRLP a seventh
amendment. to. the Agreementrto�addressithe modifications desired by LQRRLP with
respect to the Subject Property ("Amendment No. 7"); and
WHEREAS, Amendment No. 7 is of benefit to the City of La Quinta; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City as Successor Agency to the
La Quinta Redevelopment Agency does resolve as follows:
SECTION 1. That the above recitals are true and correct and incorporated herein.
SECTION 2. That Amendment No. 7 is in the best interests of the citizens of the City
of La Quinta.
SECTION 3. That Amendment No. 7, a copy of which is on file with the Successor
Agency Secretary, is hereby approved, subject to (i) the adoption by the City Council
of the City of La Quinta of an Ordinance approving an amendment to that certain
Development Agreement entered into by and between the City and the Developer on or
about December 18, 2003 (the "DA") that makes conforming changes to the DA.
Resolution No. SA 2012-012
CP Development La Quints, LLC
Disposition & Development Agreement - Amendment 7
Adopted: October 16, 2012
SECTION 4. The Successor Agency Executive Director and Successor Agency Counsel
are hereby authorized and directed to (i) make final modifications to Amendment No. 7
that are consistent with the substantive terms of Amendment No. 7 approved hereby,
and to thereafter sign Amendment No. 7 on behalf of the Successor Agency, and (ii)
take such other and further actions, and sign such other and further documents that
require the Successor Agency's signature, as may be necessary and proper to carry
out the terms of Amendment No. 7.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City as
Successor Agency to the La Quinta Redevelopment Agency held this 16th day of
October, 2012, by the following vote:
AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADO H, Chair erson
Successor Agency to the La Quinta
Redevelopment Agency
ATTEST:
SUSAN MAYSELS, Sbcretary
Successor Agency to the La Quinta
Redevelopment Agency
APPROVED AS TO FORM:
M - �& J-�,
THERINE JE N, Counsel
uccessor Agency tdthe La Quinta
Redevelopment Agency
RECORDING REQUESTED BY
First Arnetican Tide Insurance Company National
CmVnerciai Services
AND WHEN RECORDED MAIL DOCUMENT TO:
La Qum Retirement Residence LP
2264 MoGlftst St. SE, Sulfa 210
Salem, OR 97302
DOC # 2011-0293771
07/01/2011 03e22P Fee:43.00
Page 1 of 7 Doe T Tax Paid
Recorded In official Records
County of Riverside
Larry Y. Ward
1111111111111111 ilia 111111111111111111
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GRA qT DEED
A.P.N.: 609-630.027-6 T.R.A. No.020-M File No.: NCS-474245-M (RP).
The Wdeslgrzd GIMIM(s)DedarB(8). DOCUM MARYTRANSAMTAx $4,180.8N CnYTRARsrMTAX$'
X mmpWedmgre mnslde2tlm Orfutl vahie ofWOPertY wed oR
[ 7 [m�utmmtne m,mde�adanor fuA wWe less wlue or tere anrkarertelNnp attlme or�IG
lxI aty Orin pwat&and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby admowledged, CP Development La Quinta,
LLC, a California Bruited liability company
herby GRANTS to La Quanta ReHrement Residence Limited Part,rership, a Washlegton limited
partnership
the following described property In the CR.y of La Quinta, County of Riverside, State of California:
See Exhibit W altacFied hereto and made a part hereof.
AP.N.: 604.630-027-6
Dated: _ f/Z7/2011
File No.: NCS-474245-ORI (RR)
CP Detrebprnent la Quints, LLC, a
Califbmb lmlted tlablGty company
By. Oliphant Enterprises, Inc., a California
corporation, Manager
By: Richard R. Oiiphant, President
By. Equity Directions, Inc., a CaGfomia
corporation, Manager
By: Dennis French, President
Date: 06/27/2011
-*- siiried. iin �our4- wpar+.
CP Development La Qulnta, LLC, a
California limited liability company
By: Oliphant Enterprises, Inc., a California
corporation, Manager
By: Pochard R. Oliphant, President
By: Equity Directions, Inc., a California
corporation, Manager
on lily
By: Ddnnis French, President Wu51+oG
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Nit
Date: 06/27/2011
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.,
. DRAKE
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Grant Deed - CoWnued
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Date: 06/27/2011
who proved to me on the oasis of satiaktory evidwoe to
be the person(s) whose names) Ware subscribed to the within lnsdument and a&nowiedgad to me that
heldw/d" waited the same in his/her/their authorized capadk3es), and that by hWherffitdr signatures) on
the hisbutrent the person(s), or the entity upon behaff of which the person(s) acted, executed the ant
I mrWY tattier PENALTY OF PERJURY under the laws of the State of Caarnia that the foregoing paragraph is
true and correct.
WITNESS my hand and offktal seat.
•.757.11
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ublic - California
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This area Porofilw Mtark1 sw
Notary Phone:7i- %v /-
County of Principal Place of 0uslness: ie `. e-
ACKNOWLEDGMENT
STATE OF Nevda
COUNTY OF Washoe
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 3uY1t; Zq� Z l
BY !!&nri(S 1;rncL AS WrA OGY/Aiaow v
OF
._w E ppq� Notary Sgnature
+ s Notary Publc- Sate of Nevada
&2;„.,84ANb*2120121
Grant Deed - oonfinued
Date: 06/27/2011
PARCEL 8 AS SHOWN ON LOT LINE ADJUSTMENT NO.2006.452 AS EVIDkNCED BY
DOCUMENT RECORDED APRIL 19, 2006 AS INSTRUMENT NO.2006-0280726 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PARCEL 8
TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO.31116, AS SHOWN BY
MAP ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS,
RIVERSIDE COUNTY RECORDS, BEING IN THE SOUTH HALF OF SECTION 19, TOWNSHIP 5
SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8;
THENCE ALONG THE SOUTHEASTERLY, EASTERLY AND NORTHERLY BOUNDARY LINES OF
SAID PARCEL 8 THROUGH THE FOLLOWING FIVE (5) COURSES:
(1) NORTH 430 56' 44- EAST, A DISTANCE OF 152.65 FEET;
(2) THENCE NORTH 000 12' 130 WEST, A DISTANCE OF 790.73 FEET;
(3) THENCE SOUTH 890 47' 470 WEST, A DISTANCE OF 239.56 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 80.00 FEET,
(4) THENCE NORTHWESIERLYALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 450 27' 410, AN ARC DISTANCE OF 63.48 FEET;
(5) THENCE TANGENT TO SAID CURVE NORTH 440 "' 320 WEST, A DISTANCE OF 91.61 FEET
TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 440.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 496
O6' 37- EAST)
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY LINE OF PARCEL 8 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 7,
THROUGH A CENTRAL ANGLE OF 230 54' 45", AN ARC DISTANCE OF 183.63 FEETTO THE
BEGINNING OFA COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
840.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 250 11' Sr
EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY LINE OF PARCEL 7, THROUGH A CENTRAL ANGLE OF 046 02' Or, AN ARC
DISTANCE OF 59.16 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL
7,
THENCE ALONG THE WESTERLY LINES OF SAID PARCEL 7 THROUGH THE FOLLOWING
THREE (3) COURSES:
(I) SOUTH 160 39' 140 EAST AND NON -TANGENT TO LAST SAID CURVE, AS DISTANCE OF
55.87 FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE WESTERLY, HAVING A
RADIUS OF 250.00 FEET;
(2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
200 41' 220, AN ARC DISTANCE OF 90.27 FEET,
(3) THENCE TANGENT TO SAID CURVE SOUTH 040 02' 080 WEST, A DISTANCE OF 33340
Grant Deed - conf need
Date., 06/27/2011
FEET TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID
PARCELS,
THENCE UAVMG SAID WESTERLY LINES OF PARCEL 7 AND ALONG SAID PROLONGATION
AND SAID SOUTHWESTERLY LINE OF PARCEL B, SOUTH 500 IW 13° EAST, A DISTANCE OF
592.88 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM AGENCY EXCEPTS AND RESERVES FROM THE CONVEYANCE HEREIN
DESCRIBED ALL INTEREST OF THE AGENCY IN OIL, We HYDROCARBON SUBSTANCES AND
MINERALS OF EVERY RIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (SOD) FEET
BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE
AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN FIVE HUNDRED (500) FEET
BELOW THE SURFACE THEROF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE
EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR
MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT
TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTIONTHEROF WITHIN FIVE
HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR
TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR
@DOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM LA t2UINTA
REDEVELOPMENT AGENCY, RECORDED DECEMBER 09, 2004 AS INSTRUMENT NO. 04-
97M7 OF OFFICIAL RECORDS.