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PP 1991-458CITY OF LA OUINTA 005i82 i0 1270 04 -0-91 -f0 1 835.00 MISC. 0013400034010 835.00 i0 CASH i TOTAL 1 835.00 i AMOUNT TENDERED .00 CHANGE THANK YOU CITY OF LA QUIN. PLANNING & DEVELOPMENT-DEPARTMENT 78 -105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 Case No.: Date Received: .3 L2 9 RESIDENTIAL and COMMERCIAL FEE 1 L - � SLOT PLAN APPLICATION /i�16 r-- Bas .co MAR 2 2 1991 In order to process your application in a timely manner, please C0 OF � Ra}, ete and sign this form. The information which is required to wn on the plans and submitted with the application is stated PLANNING & DEVEEQPMERDEIR back of this form. Failure to provide the required information is justification for rejection of the application. THIS APPLICATION MUST BE ACCOMPANIED BY A NON- REFUNDABLE FILING FEE OF $ L �-`= AND COPIES OF THE COMPLETE AND ACCURATE PLOT PLAN. LANDSCAPE PLAN AND ELEVATIONS. --- ---- 3%0t -'f i 0-8835.00 10 Name of Applicant Robert A. Barnes Phone Mailing Address P. O.: Box 1340 La Quinta, CA 92253 Street City Zip Code Legal Owner Robert A. Barnes Address 151 S. Michigan Street, Seattle, WA 98108 Proposed Use Offices The net and gross square folotagl0$ ?r each Tryp$5ed use and building. EYistin Leasa e Total New Leasable 5333; Gross. The square footage allocated for sidewalks /walkways, parking, landscaping and building. Sidewalk 2708 sq. ft. Parking 2060 sq. �.; Landscaping 1332; Building Gross 3.918 Location of Property (Address if known) 51 -370 Avenida Bermudas La Quinta, CA 92253 Assessor's Parcel Number 769 - 102 -013 -5 Legal Description of Property (give exact legal description as recorded in the office of the County Recorder) -- (may be attached) Lot 1 in Block 7 of Desert Club Tract, Unit #1, Book 19, page 75 of maps, Riverside County, CA. Signature of Applicant ., / Date Signature of Owner �� 1 %iL -1N�� Date L RECORDATION REQUESTED BY: #91 WHEN RECORDED MAIL TO: Gateway Western Bank 499 E Sbxth Street P.O. Box 157 Beaumont, CA 82223 SEND TAX NOTICES TO: Robert A. Barnes P.O. Box 2998 Kirkland, WA 98033 -2998 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST iS DATED FEBRUARY 8, 1991, among Robert A. Barnes, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, whose address Is P.O. Box 2998, Kirkland, WA 98033 -2998 (referred to below as "Trustor "); Gateway Western Bank, whose address is 499 E. Sixth Street, P.O. Box 157, Beaumont, CA 92223 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and GWB DEVELOPMENT, A CALIFORNIA CORPORATION, whose address Is 499 E. SIXTH STREET, BEAUMONT, CA. 92223 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Trustor Irrevocably grants, transfers and assigns to Trustee In trust, with power of sale, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and Interest In and to the following described real property, together with an existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other ti his, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, located in RIVERSIDE County, State of California (the "Real Property"): LOT 1 IN BLOCK 7 OF THE DESERT CLUB TRACT, UNiT NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGE 75 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. The Real Property or Its address Is commonly known as 51 -370 AVENIDA BERMUDAS, LA QUINTA, CA 92253. The Assessor's Parcel Number for the Real Property is 769 - 102 - 013 -5. Trustor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Trustor's right, title, and Interest in and to all present and future leases of the Property and an Rents from the Property. In addition, Trustor grants Lender a Uniform Commercial Code security Interest in the Rents and the Personal Property defined below. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust Terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. Ali references to dollar amounts shall mean amounts in lawful money of the United States of America. Beneficiary. The word "Beneficiary" means Gateway Wester Bank, its successors and assigns. Gateway Western Bank also is referred to as 'Lend(r" In this Deed of Trust Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and Includes without limitation all assignment and security Interest provisions relating to the Personal Property and Rents. Guarantor. The word "Guarantor' means and Includes without limitation, each and ail of the guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word 'Improvements' means and Includes without limitation all existing and future Improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions and other construction on the Real Property. Indebtedness. The word 'Indebtedness" means an principal and Interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Trustor or expenses Incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust Lender. The word'Lendee means Gateway Western Bank, Its successors and assigns. Note. The word "Note" means the Note dated February 8, 1991, in the principal amount of $360,00().00 from Trustor to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and an substitutions for, any of such property; and together with all proceeds (including without fimftation all Insurance proceeds and refunds of premiums) from any salo or other disposition of the Property. Property. The word "Property' means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, Interests and rights described above In the "Conveyance and Grant" section. Related Documents. The words "Related Documents" mean and Include without limitation all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments and documents, whether now or hereafter bAiShiiy, axecut &:1 In comioctioa with Trustor's Indebtedn.ss t^ Lendor. Rents. The word "Rents" means all present and future rents, revenues, Income, Issues, royalties, profits, and other benefits derived from the Property. Trustee. The word 'Trustee" means GWB DEVELOPMENT, A CALIFORNIA CORPORATION and any substitute or successor trustees. Trustor. The word "Trustor' means any and all persons and entities executing this Deed of Trust, including without limitation all Trustors named above. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GiVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF TRUSTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE Except as otherwise provided In this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (a) remain In possession and control of the Property, (b) use, 02-08 -1991 DEED OF TRUST Page 2 Loan No 07909 46 (Continued) operate or manage the Property, and (c) collect any Rents from the Property. Duty to Maintain. Trustor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste,' 'hazardous substance; "disposal," *release,* and 'threatened release; as used in this Deed of Trust, shall have the same meanings as set forth In the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLAJ, the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99 -499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, of seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. Trustor represents and warrants to Lender that (a) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by arty person on, under, or about the Property. (b) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, 0) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (II) any actual or threatened litigation or claims of any kind by any person relating to such matters. (c) Except as previously disclosed to and acknowledged by Lender In writing, 0 neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Properly and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property to make such Inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence In Investigating the Property for hazardous waste. Trustor hereby (a) releases and waives any future claims against Lender for Indemnity or contribution In the event Trustor becomes Gable for cleanup or other costs under any such laws, and (b) agrees to Indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or Interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, Including the obligation to Indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall riot cause, conduct or permit any nuisance nor commit, permit, or suffer any shipping of or waste on or to the Property or any portion of the Property. Specifically without limitation, Trustor will not remove, or grant to any other party the right to remove, any limber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust. Compliance with Govemmental Requirements. Trustor shall prompty comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as Lender's Interests In the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest Duty to Protect Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts, In addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare Irmiediatefy due and payable as sums secured by this Deed of Trust upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any Interest In the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or Interest therein; whether legal or equitable; whether voluntary or Involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest If any Trustor Is a corporation or partnership, transfer also Includes any change In ownership of more than twenty-five percent (25 %) of the voting stock or partnership Interests, as the case may be, of Trustor. However, this option shall not be exercised by Lender If such exercise Is prohibited by applicable law. TAXES AND LIENS. The following provisions relating to the taxes and Dens on the Property are a part of this Deed of Trust Payment Trustor shall pay when due (and In all events at least ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and Impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the Interest of Lender under this Deed of Trust, except for the Ben of taxes and assessments not due and except as otherwise provided in this Deed of Trust Right To Contest Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lenders Interest In the Property Is riot jeopardized. If a lion arises or is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, If a lien Is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Trustor shall nobly Lender at least fifteen (15) days before any work is cornmenced, any services are furnished, or any materials are supplied to the Properly, If any mechanic's lien, materialmen's Tien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds $1,000.00. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Deed of Trust Maintenance of insurance. Trustor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender, together with such other Insurance, Including but not limited to hazard, liability, business Interruption, and boIW Insurance, as Lender may reasonably require. Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard Insurance in excess of the replacement value of the improvements on the Real Property. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of Insurance In form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days' prior written notice to Lender. Application of Proceeds. Trustor shall promptly notity Lender of any loss or damage to the Property If the estimated cost of repair or replacement exceeds $500.00. Lender may make proof of loss If Trustor falls to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is impaired, Lender may, at its election, receive and retain the proceeds and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not comrnitted to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued Interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's Interests may appear. 0 02-08 -1991 DEED OF TRUST Page 3 Loan No 07909 (Continued) Unexplred Insurance at Sala. Any unexpired Insurance shall Inure to the benefit of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. Trustoes Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report on each existing policy of Insurance showing: (a) the name of the Insurer, (b) the risks Insured; (c) the amount of the policy; (d) the property Insured, the then current replacement value of such property, and the manner of determining that value; and (e) the expiration date of the policy. Trustor shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. If Truslor falls to comply with any provision of this Deed of Trust, or If any action or proceeding Is commenced that would materially affect Lenders Interests In the Property, Lender on Trustor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Trustor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (Q the term of any applicable Insurance policy or 01) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for In this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that It otherwise would have had. WARRANTY; DEFENSE OF TITLE The following provisions relating to ownership of the Property are a part of this Deed of Trust Title. Trustor warrants that (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of ail liens and encumbrances other than thosa set forth In the Real Property description or In any title Insurance policy, tithe report, or final title opinion issued in favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) Trustor has the tug right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of TiUa. Subject to the exception In the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding Is comrnenced that questions Trustor's litte or the Interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding by counsel of tenders own choice, and Trustor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at its election require that an or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees necessarily paid or Incurred by Trustor, Trustee or Lender In connection with the condemnation. Proceedings. If any proceeding in condemnation Is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such Instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for an taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust Taxas. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Trustor. Subsequent Taxes. if any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shag have the same effect as an Event of Default (as defined below), and Lender may exercise any or all of Its available remedies for an Event of Default as provided below unless Trustor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust Security Agreement This Instrument shag constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Cormiercial Code as amended from time to time. Security Interest Upon request by Lender, Trustor shag execute financing statements and take whatever other action Is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property. Trustor shag reimburse Lender for an expenses Incurred in perfecting or continuing this security Interest. Upon default, Trustor shall assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender. Addresses. The malting addresses of Trustor (debtor) and Lender (secured party), from which Information concerting the security Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Deed of Trust FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deriver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, securfty deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Trustor under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and security Interests created by this Deed of Trust as first and prior lions on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or agreed to the contrary by Lender In writing, Trustor shag reimburse Lender for all costs and expenses Incurred in connection with the matters referred to In this paragraph. Attorney -In -Fact If Trustor tails to do any of the things referred to In the preceding paragraph, Lender may do so for and In the name of Trustor and at Trustors expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trustor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE II Trustor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Lender may charge Trustor a reasonable reconveyance fee at the time of reconveyance. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default') under this Deed of Trust Defautt on Indebtedness. Failure of Trustor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Compliance Default Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or In any of the Related Documents. If such a failure Is curable and If Trustor has not been glven a notice of a Neach of the same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) If Trustor, after Lender sends written 02-08 -1991 DEED OF TRUST Page a Loan No 07909 .(Continued) notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, Immediately Initiates stops sufficleM to cure the failure and thereafter continues and completes M reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust, the Note or the Related Documents Is, or at the time made or furnished was, false in any material respect. Insolvency. The insolvency of Trustor, appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, the commencement of any proceeding under any bankrup" or insolvency laws by or against Trustor, or the dissolution or termination of Trustor's existence as a going business (d Trustor Is a business). Except to the extent prohibited by federal law or California law, the death of Trustor (it Trustor is an individual) also shall constitute an Event of Default under this Deed of Trust Foreclosure, etc. Commencement of foreclosure, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Trustor against any of the Property. However, this subsection shall not apply In the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which Is the basis of the foreclosure, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreement Any breach by Trustor under the terms of any other agreement between Trustor and Lender that Is not remedied within any grace period provided therein, Including without knitation any agreement concerning any Indebtedness or other obligation of Trustor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor dies or becomes Incompetent Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, In doing so, cure the Event of Default. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provided by law: Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may declare the entire Indebtedness secured by this Deed of Trust Immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold the Property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Note, other documents requested by Trustee, and an documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by It in the notice of sale, either as a whole or In separate parcels, and In such order as it may determine, at public auction to the highest bidder for cash In lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement In accordance with applicable law. Trustee shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty, express or Implied. The recitals In such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, Including Trustor, Trustee or Beneficiary may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, Including cost of evidence of title In connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law In effect at the date hereof; all other sums then secured hereby; and the remainder, If any, to the person or persons legally entitled thereto. Judicial Foreclosure. With respect to all or any part of the Real Property, Lender shall have the right In lieu of foreclosure by power of sale to foreclose by judicial foreclosure In accordance with and to the fun extent provided by California law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, including without limitation the right to recover any deficiency In the manner and to the fun extent provided by California law. Collect Rents. Lender shall have the right, without notice to Trustor, to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. in furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. tt the Rents are collected by Lender, then Trustor irrevocably designates Lender as Trustor's attomey -In -fact to endorse Instruments received In payment thereof In the name of Trustor and to negotiate the same and coled the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Properly, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. It Trustor remains in possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Trustor, Trustor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property Immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or the Note or by law. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other Intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given at least five (5) days before the time of the sale or disposition. Any sate of Personal Property may be made In conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Trustor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy provided In this Deed of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to perform shall not affect Lender's right to declare a default and to exercise any of its remedies. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court !►Mion Is involved, all reasonable expenses Incurred by Lender which In Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there Is a lawsult, Including attorneys' fees for bankruptcy proceedings Oncludng efforts to modify or vacate any automatic stay or Injunction), appeals and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, appraisal fees, title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Trustor. (a) join In preparing and filing a map or plat of the Real Property, Including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join In any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or Ilan, or of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to loreclose by notice and sale, and Lender shall have the right to 0 0 02-08 -1991 DEED OF TRUST Page 5 Loan No 07909 (Continued) 41 foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by applicable law. Successor Trustee. Lander, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed hereundor by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of RIVERSIDE County, California. The Instrument shall contain, In addition to al other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page where this Deed of Trust Is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in Interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be In writing and shall be effective when actually delivered or, If mailed, shall be deemed effective when deposited In the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change Its address for notices under this Deed of Trust by giving formal written notice to the other panties, specifying that the purpose of the notice Is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust For notice purposes, Trustor agrees to keep Lender and Trustee informed at all tines of Trustor's current address. Each Trustor requests that copies of any notices of default and sale be directed to Trustor's address shown near the beginning of this Deed of Trust. STATEMENT OF OBLIGATION. Lender may collect a tee, in an amount not to exceed the statutory maximum, for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the parry or parties sought to be charged or bound by the alteration or amendment Annual Reports. If the Property Is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Trustor's previous fiscal year In such form and detail as Lender shall require. "Net operating Income" shall mean all cash receipts from the Properly less an cash expenditures made In connection with the operation of the Property. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duty executed and acknowledged, Is made a public record as provided by law. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of California. This Deed of Trust shall be governed by and construed In accordance with the laws of the State of California. Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate in the Property al any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Severablltty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Invalid or unenforceable as to any person or circumstance, such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances. If feasible, arty such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, If the offending provision cannot be so modified, it shall be stricken and an other provisions of this Deed of Trust In an other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations staled in this Deed of Trust on transfer of Trustor's Interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence In the performance of this Deed of Trust Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver Is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances where such consent Is required. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO iTS TERMS, INCLUDING THE VARIABLE RATE PROVISIONS OF THE NOTE SECURED BY THIS DEED OF TRUST. TRUSTOR X 'Rob,6 A. Bairda INDIVIDUAL ACKNOWLEDGMENT STATE OF )SS COUNTY OF On , before me, a Notary Public in and for said state, personally appeared Robert A. Barnes, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name Is subscribed to this Deed of Trust and ackr.!%Aedgod to me that he or she executed the same as in the capacity indicated at the signature point WITNESS my hand and official seal. Signature Capacity of Signatory 0 0 tie Order No Escrow N SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS WITH REOUEST FOR NOTICE By This Deed of Trust, made this ) day of TA Al ✓,4 RI' , 19 k-11, , between WARFEN D. JOWZM and DIANE JOEMON, husband and wife as joint tenants herein calf d Trustor, whose address is _Jr h/E >' OAA Al G".: 'A✓& /✓✓�, AfcAL�A % /eJt., ( number and street) ( City) ( State) ( Zip Code) and CHICAGO TITLE INSURANCE COMPANY a Missouri corporation, herein called Trustee, and CITY OF LA QUIrFI'A, a Municipal Corporation herein called Benefici Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in City of La Quinta, Riversll County, California, described as: IDt 1 in Block 7 of the Desert Club Tract, Unit No. 1, as shown by map on file in Book 19, Page 75 of Maps, records of Riverside County, California, the real property is more eonmonly known as 78 -010 Calle Cadiz, la Quinta, California. Trustor also assigns to Beneficiary all rents, issues and profits from said real property reserving, however, the right to collect and use the same so long as there � no existing default hereunder and does hereby authorize Beneficiary to collect and recover the same in the name of Trustor of his successor in interest by use of any lawful means. FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by one promissory note of even date herewith in the principal sum of $ 16, 875.00 , payable to Beneficiary or order; (2) Payment of any additional sums and advances here- after made by Beneficiary or his assignee to Tntstor or his successor in ownership of the real property encumbered hereby; (3) Perform- ance of each agreement of Trustor herein contained. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOOR AGREES that all of the provisions of Section A, Paragraphs I through 5, and IT IS 'MUTUALLY AGREED that all of the provisions of Section B, Paragraphs 1 through 10, both of that certain Fic- titious Deed of Trust recoraed on the (late, as the instrument number and in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz.: RECORDING INST. BOOK PAGE RECORDING INST. BOOK PAGE COUNTY DATE NO. COUNTY DATE NO. Kern 5 -20 -68 30035 4162 480 Santa Barbaro 5 -20-66 16024 2232 955 Los Angeles 1 -12 -67 1139 T -5220 910 San Diego 1- 12- 67— Serios 8 1967 5000 Orange . 1 -12 -67 6275 8151 422 San Luis Obispo 5 -20 -68 9567 1476 459 Riverside 1 -12 -67 3020 Ventura 1 -12-67 1498 3092 378 San Bernardino 1 -12 -67 453 6757 41 ( which provisions, identical in all counties, are printed Im the reverse side hereof) are hereby incorporated herein and the parties hereto :agree to be bound thereby its though fully set forth herein. All references to property, obligations and parties in the provisions of said Fic- titious Deed of Trust are the property, obligations imd parties set. forth in this deed of Toast. The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at the address set forth above. In accordance with Section 2924b, Civil Code, request Is hereby made by the undersigned TRUSTOR that a copy of any Notice of Default and a copy of any Notice of Sale under Deed of Trust recorded in Book Page _, Official Records of_ County, California, as affecting above described property, executed by- as Trustor in which is named as Beneficiary, and __ as Trustee, be mailed to whose address is STATE OF CALIFORNIA COUNTY OF gi y rsi r3P } SS. 0 ( before me, the under. signed';_i Notary Public to and for said County and State, personally appeared VtTAR1TFN D. J0IINSON and DIANE JGHM mot----------------- - - - - -- personally known to me or proved to me on the basis of satisfactory evidery;p� e to be the person Swhose name S. are subscribed to the within instrument and acknowledged that they _executed the same. —� LC.i,a w Name (Typed or Printed) Nutury Public in and for said County and State l -la7 (1.6» ICn,I If1a1 ILy�.rl /��• Signature o/ Trustor PTarren D. Johnson lane Jormsm 0FF0AL SEAL JAYNE UKENA LOB I ANGDA�COUIM * ft■Bt it ffl 3&"61 L OR STAMP AND WHEN RECORDED MAIL TO j''' I NAME 0R92e :ITT a STATE tie Order No Escrow N SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS WITH REOUEST FOR NOTICE By This Deed of Trust, made this ) day of TA Al ✓,4 RI' , 19 k-11, , between WARFEN D. JOWZM and DIANE JOEMON, husband and wife as joint tenants herein calf d Trustor, whose address is _Jr h/E >' OAA Al G".: 'A✓& /✓✓�, AfcAL�A % /eJt., ( number and street) ( City) ( State) ( Zip Code) and CHICAGO TITLE INSURANCE COMPANY a Missouri corporation, herein called Trustee, and CITY OF LA QUIrFI'A, a Municipal Corporation herein called Benefici Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in City of La Quinta, Riversll County, California, described as: IDt 1 in Block 7 of the Desert Club Tract, Unit No. 1, as shown by map on file in Book 19, Page 75 of Maps, records of Riverside County, California, the real property is more eonmonly known as 78 -010 Calle Cadiz, la Quinta, California. Trustor also assigns to Beneficiary all rents, issues and profits from said real property reserving, however, the right to collect and use the same so long as there � no existing default hereunder and does hereby authorize Beneficiary to collect and recover the same in the name of Trustor of his successor in interest by use of any lawful means. FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by one promissory note of even date herewith in the principal sum of $ 16, 875.00 , payable to Beneficiary or order; (2) Payment of any additional sums and advances here- after made by Beneficiary or his assignee to Tntstor or his successor in ownership of the real property encumbered hereby; (3) Perform- ance of each agreement of Trustor herein contained. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOOR AGREES that all of the provisions of Section A, Paragraphs I through 5, and IT IS 'MUTUALLY AGREED that all of the provisions of Section B, Paragraphs 1 through 10, both of that certain Fic- titious Deed of Trust recoraed on the (late, as the instrument number and in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz.: RECORDING INST. BOOK PAGE RECORDING INST. BOOK PAGE COUNTY DATE NO. COUNTY DATE NO. Kern 5 -20 -68 30035 4162 480 Santa Barbaro 5 -20-66 16024 2232 955 Los Angeles 1 -12 -67 1139 T -5220 910 San Diego 1- 12- 67— Serios 8 1967 5000 Orange . 1 -12 -67 6275 8151 422 San Luis Obispo 5 -20 -68 9567 1476 459 Riverside 1 -12 -67 3020 Ventura 1 -12-67 1498 3092 378 San Bernardino 1 -12 -67 453 6757 41 ( which provisions, identical in all counties, are printed Im the reverse side hereof) are hereby incorporated herein and the parties hereto :agree to be bound thereby its though fully set forth herein. All references to property, obligations and parties in the provisions of said Fic- titious Deed of Trust are the property, obligations imd parties set. forth in this deed of Toast. The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at the address set forth above. In accordance with Section 2924b, Civil Code, request Is hereby made by the undersigned TRUSTOR that a copy of any Notice of Default and a copy of any Notice of Sale under Deed of Trust recorded in Book Page _, Official Records of_ County, California, as affecting above described property, executed by- as Trustor in which is named as Beneficiary, and __ as Trustee, be mailed to whose address is STATE OF CALIFORNIA COUNTY OF gi y rsi r3P } SS. 0 ( before me, the under. signed';_i Notary Public to and for said County and State, personally appeared VtTAR1TFN D. J0IINSON and DIANE JGHM mot----------------- - - - - -- personally known to me or proved to me on the basis of satisfactory evidery;p� e to be the person Swhose name S. are subscribed to the within instrument and acknowledged that they _executed the same. —� LC.i,a w Name (Typed or Printed) Nutury Public in and for said County and State l -la7 (1.6» ICn,I If1a1 ILy�.rl /��• Signature o/ Trustor PTarren D. Johnson lane Jormsm 0FF0AL SEAL JAYNE UKENA LOB I ANGDA�COUIM * ft■Bt it ffl 3&"61 L OR STAMP PLANNING COMMISSION RESOLUTION NO. 87 -008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND . GRANTING A VARIANCE FROM PARKING AND PERIMETER WALL REQUIREMENTS CASE NO. VAR 87 -004 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of July, 1987, and the 25th day of August, 1987, hold duly- noticed Public Hearings to consider the request of Benjamin Urmston /Warren & Diane Johnson for a variance to Section 9.160.040 (L) La Quinta Municipal Code (LQMC), permit 9 permanent on -site parking spaces instead of 13 , and Section 9.160.030 (E) LQMC, requesting relief from requirements regarding a perimeter wall, for property generally located at•the northeast corner of Calle Cadiz and Avenida Bermudas, more particularly described as: Lot 1 Block 7 of Desert Club Tract, Unit #1, in M.B.19, p.75 of Maps. WHEREAS, said variance request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution No. 82 -213, adopted by reference in City of La Quinta Ordinance No. 5), in that the Planning Director has conducted an initial study and has determined that the proposed variance will not have a significant effect on the environment; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the granting of said variance: 1. The strict application of the subject parking requirements to the subject property will deprive it of privileges enjoyed by other similarly zoned property in the area, since the purpose and intent of the parking requirements may be reasonably attained by special conditions of approval and by the wall in its existing configuration. 2. Approval of the variance as conditioned will not constitute the granting of a special privilege inconsistent with limitations on other similarly zoned property in the area. 3. The circumstances of a one -way alley will require future angle parking which will eliminate one additional on -site parking space. Therefore, the approval is to permit eight permanent on -site parking spaces instead of the required 13 parking spaces. MR /RESODRFT.008 . I 4. The conditions of approval will assure that the purpose and intent of the parking requirements are satisfied without adversely affecting adjacent parcels. 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 Commission in this case; 2. That it does hereby confirm the conclusion of Environmental Assessment No. 87 -072, which indicated that approval of the variance would not constitute a significant impact on the environment. 3. That it does hereby grant said Variance Case No. VAR -004 for the reasons set forth and subject to the conditions labeled Exhibit A, attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this day of 1987, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Director MR /RESODRFT.008 Chairman tJ I MEETING DATE: JUNE 18, 1991 ITEM TITLE: ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -458 TO ALLOW AN ADDITION TO AN EXISTING TWO STORY OFFICE BUILDING LOCATED AT THE NORTHEAST CORNER OF AVENIDA BERMUDAS AND CALLE CADIZ (51 -370 AVENIDA BERMUDAS) APPLICANT: ROBERT A. BARNES BACKGROUND: 0944 AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: The Planning Commission reviewed this item at their meeting of June 11, 1991. The Commission approved the application subject to the Applicant constructing the 13 deficient parking spaces on City owned land with City authorization or if this cannot be achieved, the Applicant will pay mitigation fees . FISCAL 1"LICATION: None APPROVED BY: RECOMMENDATION: By Minute Motion 91- accept for file this report of action taken by the Planning Commission. Submitted by: Approved for submission to City Council: RON KIEDROWSKI, CITY MANAGER � � r� � � � �F � ��-� U '� F{ �l MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JUNE 18, 1991 SUBJECT: ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -458 - ROBERT A. BARNES LOCATION: 51 -370 AVENIDA BERMUDAS PROJECT DESCRIPTION: The Applicant /Owner proposes to add to the existing two story building at the northeast intersection of Avenida Bermudas and Calle Cadiz. PLANNING COMMISSION ACTION: The Planning Commission at length discussed the parking issue and determined that the need to build the spaces should be a high priority. They modified the proposed condition to prioritize the sequence of events to; 1) try to have the parking constructed; and 2) if this could not be resolved, then the fee in -lieu would be accepted. Based upon this condition amendment, the Commission approved the plot plan and adopted a Negative Declaration. RECOMMENDATION: By Minute Motion 91- accept for file this report of action taken by the Planning Commission. Attachments: 1. Planning Commission with approved conditions 2. Site plan with elevations MEMOJH.098 1 ELL C', COPY DATE: APPLICANT/ OWNER: LOCATION: PROJECT DESCRIPTION: EXISTING ZONING DESIGNATION: NH :� STAFF REPORT PLANNING COMMISSION MEETING JUNE 11, 1991 ROBERT A. BARNES 51 -370 AVENUE BERMUDAS NORTHEAST CORNER OF AVENIDA BERMUDAS 6 CALLE CADIZ PLOT PLAN 91 -458 - BUILDING ADDITION TO AN EXISTING TWO - STORY, OFFICE BUILDING. C -V -S (COMMERCIAL VILLAGE "SOUTH" SUBZONE) GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL ENVIRONMENTAL CONSIDERATION: AN ENVIRONMENTAL ASSESSMENT HAS BEEN PREPARED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE INITIAL STUDY EVALUATION HAS DETERMINED THAT THE PROJECT WILL NOT PRESENT A SIGNIFICANT ADVERSE IMPACT AND A NEGATIVE DECLARATION HAS BEEN PREPARED. BACKGROUND: The Planning Commission approved this building (Plot Plan 87 -381) on August 25, 1987. A change of zone and parking variance was also granted at that time. Since this approval the Village Zoning has been adopted. The property is located within the "South" Subzone. CURRENT REQUIREMENTS** The building was developed with a 4.5 foot setback along Avenue Bermudas and a 5 foot setback along Calle Cadiz and a 0 foot side yard setback. The current South Subzone would require a 20 foot setback along Bermudas, 10 foot along Cadiz and a 5 foot setback along the eastern property line. However, the building was built under the C -P -S zoning requirements which does not require any setbacks. 0M%V DDT AIK IPQ -1- PROPOSED: The current request is to permit the enclosure of the ground floor covered parking area, add new space to the 2nd floor and convert the studio apartment to an office. The Applicant has identified 51333 square feet of leasable area. This includes the existing, new and remodeled areas. The plan approved in 1987 had 3,186 square feet of leasable area. On May 10, 1988, the Planning Commission granted a conversion of 317.25 square feet of second floor area into an on -site residence. The current plan identifies the following: Existing: 935 Proposed: 1,212 1,086 564 522 450 -- - - -- 94 2,573 490 2,810 The new parking ordinance requires 1 parking space for every 250 square feet of gross leasable area (GLA) which includes storage, hallways, restrooms, ie., all the area leased. Based upon the current parking requirements the first floor restrooms and the second story restroom /lounge would be added to the parking calculations. These areas represent approximately 421 square foot. Therefore, the Gross Leasable Area of the building should be 5,804 square feet. The parking requirements for an office building having 5,804 square feet of GLA is 23.22 or 23 parking spaces. The existing building required 13 parking spaces of which the prior owner paid or is paying in-lieu fees for 5 parking spaces. The new proposed site plan identifies 10 on -site parking spaces. This leaves a deficiency of 13 parking spaces of which the current agreement would reduce by 5 for a net shortage of 8 parking spaces. The prior project was conditioned to modify parking spaces along the alley to angle parking in the future.based upon the Village Specific Plan. The Plan requires the alley to become a one -way (from east to west) alley. The specific plan still identifies the alley as a future one -way alley. Should this happen, 2 parking spaces.could be eliminated from the current Plan. PROPOSED ZONING TEXT AMENDMENT: Staff is processing an amendment to the parking requirements of the City. Should this be approved, the applicant /owner would be permitted to pay in -lieu fees for required parking spaces. In the past this was accomplished through the variance process. The City anticipates creating a parking assessment district in the future. DESIGN REVIEW BOARD: The Design Review Board considered the building addition design at their June 5, 1991 meeting. The Board recommended that the eastern building elevation windows have the same treatment as the rest of the building (adding shutters). Other than that the Board recommended approval of the elevations as recommended. ANALYSIS: 1. The project is located in the Village at La Quinta. The General Plan Policy states that the Village area concept is to encourage a pedestrian- oriented downtown. The proposed project substantially meets this policy. The structure provides setback variations, entries and water elements to draw the pedestrian onto the site and away from vehicular traffic. The plan utilizes the rear alley as main parking access, leaving the site predominately open and oriented to the pedestrian's use. 2. Parking: The village Specific Plan circulation element recommends that the alley south of Calle Estado be limited to a one -way, east to west access. Redesign of the parking layout should be required when appropriate. The proposed one -way alley eliminates conflicts between traffic entering the alley from Bermudas the the proposed .parking areas, while also reducing congestion in the alley. The alley would, on an interim basis, still be used for two -way travel; therefore, 90- degree striping of the pavement would be appropriate, with an adequate performance guarantee for the additional future site work. Based upon the new Gross Leasable floor area the proposed development would be about 8 parking spaces. If the zoning text amendment is adopted it would allow the payment of in -lieu mitigation fees. However, should the ordinance not'be amended the project could not be built unless the owner /applicant provides the additional parking spaces on site or applies and is granted a parking variance. c4m1kt-c,nnm r%-fc Inca 2 r �. As an alternative the owner /applicant may seek City Council approval to develop the 8 parking spaces on city owned property. Should this be permitted the number of spaces to be considered would have to be determined. The project is about a total of. 13 spaces short if the addition is approved (5 from its original building and 8 from the new addition). 3. The Village Specific Plan was modified on February 2, 1988 identifying Avenida Bermudas as a collector street between the new Avenue 52 alignment and Calle Tampico. The requested right -of -way would be 64 feet. Design for Calle Cadiz has not been determined. The Specific Plan recognizes the curvilinear streets in this area and recommends that they not be widened, and that the existing trees should be retained. However some Improvement to Calle Cadiz will be needed as the "Cove" improvements progress northward. This is needed to handle storm water in the area. Based upon this reality, Avenida Bermudas and Calle Cadiz improvements should be bonded rather than installed at this time. 4. Building Design /Architecture: The overall architectural concept of the building is consistent with the intended Village area design scheme. The building provides pedestrian circulation, nodes and water elements, while separating automobile and pedestrian areas. The colors and materials proposed lend additional support to the overall Mediterranean theme of the project, as do the - fountain and patio areas. These features serve to create a consistent design concept throughout the entire structure. The design also provides height variations, which create a more diversified - looking building without distracting from the visual elements. The addition shall comply with the Design Review Boards recommendation. 5. Landscaping: The landscape plan provided does not address appropriate shading for the parking area. However, the redesign of the alley parking areas allows more area to be dedicated to landscaping. 6. Proposed color /materials will match the existing building. CTAFFRPT_ nIF /f C -4- FINDINGS: 1. The proposal is generally consistent with the La Quanta General Plan Ordinance, and the Village Specific Plan Zoning. 2. The building design and architecture is consistent and compatible with existing and anticipated area development under the General Plan and Village Specific Plan. 3. There will be adequate utilities and public services to serve the project. 4. Approval of the project will not result in any significant adverse impacts on the environment. 5. Approval of the proposal with attached conditions will not be in conflict with provisions of the Village at La Quanta Specific Plan. RECOMMENDATION: By Minute Motion approve Plot Plan 91 -458, subject to the attached conditions; and that a Negative Declaration be filed in conjunction with this project. Attachments: 1. Conditions of Approval em*Vvonm nic /ne e CONDITIONS OF APPROVAL - APPROVED PLOT PLAN 91 -458 ROBERT BARNES JUNE 11, 1991 GENERAL 1. The development of the F concept with all approved Planning Department's file the following conditions, precedence in the event exhibits. 1roject site shall comply in exhibits as contained in the for Plot Plan No. 91 -458 and which conditions shall take of any conflict with these 2. This approval shall be used within one (1) year after the date of approval by the Planning Commission unless approved for an extension, as provided in the La Quinta Municipal Code; otherwise, it shall become null and void and of no effect whatsoever. The tern "use" shall mean the beginning of substantial construction of the office building, which construction must thereafter be diligently pursued to completion. 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the Applicant shall first obtain permits and /or clearances from the following agencies: • City Engineer • City Fire Marshal • City Planning & Development Department • Riverside County Environmental Health • Coachella Valley Water District • Imperial Irrigation District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. LAND USE AND BUILDING DESIGN 4. All roof- mounted equipment shall be adequately screened by the roof structure, or other approved method. CONAPRVL.015 /CS -1- ENGINEERING DEPARTMENT 5. The Applicant shall comply with the following requirements OF the City Engineer: a. The Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: a) Avenida Bermudas - Collector, 32 -foot half width b. The Applicant shall be responsible for one -half of the improvement of Calle Cadiz and Avenida Bermudas where said streets are contiguous to the development site. Applicant shall post security .equivalent to the estimated cost of said future improvement until the funds are needed for construction. The City will construct the street improvements along with other improvements in the immediate vicinity prior to December 31, 1996. C. Applicant shall improve the drainage swale located on the Avenida Bermudas frontage of the site to cause the storm water flow to drain easterly in the alley that bounds the north side of the site. d. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 6. The following modifications shall be made to the parking layout: The alley parking areas shall be reconstructed in the future to accommodate a future 60- degree angle parking, oriented to east -to -west travel. Interim 90- degree striping and paving is acceptable until such time as the alley is closed to two -way traffic. An appropriate performance guarantee, acceptable to the City, shall be required to assure future conversion of the parking area. UTILITIES 7. The Applicant shall comply with the requirements of the Coachella Valley Water District. S. The Applicant shall comply with the following requirements of the Fire Department: a. Provide or show there exists a water system capable of delivering 1750 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. b. The required fire flow shall be available from Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/211) located not less than 25' nor more than 165' from any portion of the building(s) as measured along approved vehicular travelways. C. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. d. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A108C in rating. Contact certified extinguisher company for proper placement of equipment. e. Install a Fire Alarm System per MGPA 71 that provides for valve supervision and 24 hour monitoring of the waterflow alarm at the automatic fire sprinkler system. Audible devices shall be placed as required for the waterflow alarm to be heard at any point in the building at a minims of 10 db above the ambient noise level. f. Approved building address shall be placed in such a position as to be plainly visible and legible from the street. Said numbers shall contrast with their background. g. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 9. Trash enclosure shall be gated and enclosed by a six - foot -high wall of the same construction and color as the commercial building. 10. Provide shading of the ally parking spaces by canopy trees. This may be bonded for until the alley becomes one -way. 11. The applicant /owner shall build 13 parking spaces on City owned property subject to City Approval. Failure to receive City approval for the construction of 13 spaces the applicant /owner shall pay parking mitigation fees for 8 parking spaces as provided in the Off Street Parking chapter of the La Quinta Municipal Code subject to Zoning Text Amendment 91 -018 adoption. 12. The eastern elevation shall be modified to include the same window shutters as the rest of the building. 13. The Applicant /Owner is responsible for providing 23 parking spaces for this office building. Future non - office uses may require more parking. Also, the reconstruction of the alley's circulation and the applicants parking redesign may require more parking spaces. The Applicant is responsible for this future parking space loss. This shall be noted in the parking agreement. 14. The earlier building elevation window shall have the same shutter treatment as the rest of the building. CONAPRVL.015 /CS -4- 1 P-"'4 T A M • ® ® ® ® ® A CASE MAP CAM Nm J= P— 9/ — J45of> e NTS ORTH SCALE: •NTS some move • MA-If V M-8 ;1 1101 .44 ago 'A Imo .• N" , -• SO III awl go:: .4 Ma r.x—lq NMMGZA,1=1��A�Mmffi mass moss :8 :8 t 0101 101 ip Iff mosm eiowes one.. gas l M I M: 11t: one, rmmm Also NMMGZA,1=1��A�Mmffi mass moss :8 :8 t 0101 101 0 a OEM OEM@ was NIPPON* ass& . I M: 11t: one, rmmm Also all 011111111 ti all �Iititll� 00000000 ♦ M .yFM I �E R s: • i�y► • t' f 1+ I 1 LA 1 0 h• I.l M• � V ��r �w� Y)f�O.UF►:�7 t}I�IN - .aawtww� �.�...�. ...... ��. ��•��.�...alw- ♦A •Oi111M'IOM.f� ••� maim cbm LfiD 4m �� tine w. "m — t100ti IA" RL W*&*&*dd am" ti all �Iititll� 00000000 ♦ M .yFM I �E R s: • i�y► • t' f 1+ I 1 LA 1 0 �n ;1111 - .` w IA � io•f.� �� r rr • w.r.•�•. w ww wr • fw. r � • �•1. .wad. �•r� ww.rr • ♦•. r.... +.�.. r..r�..w.�.. w r.. Awrw w••• rwr _ ...- .......r .w•ar •.�. t �•. •iw fit• son W`ti M .• r•. Yw •w� .. ..w.... •....r wt• •fww. •W— • . «. .w..�•w+w.wi ri......i.i_i mow. �. w•. `( � .. v.rwww •.. ww.w•. (I . � trff�+.•n.riw•.�•. fwwww► rri N _a• �w.w 1 tea'• 3 r. 7/ A.. A •/ i. AM Now C • - ►. .... .wH wry •.f.&.wr• r'w•• !' . ft/l�t• � . v I oil ISPI F- � t SY •I i r r BENJAMIN P. URMSTON / AIA / AND ASSOCIATES P.O. BOX 1566 / RANCH MIRAGE, CA 92270 / (619) 345 -4366 To: The Honorable Chairman and Members of the Planning Commission From: Robert A. Barnes By Benjamin P. Urmston, A.I.A. Architect Subject: Proposed Modification to: The Calle Cadiz Office Building, N.E. Corner Cadiz and Bermudas Lot 1, Block 7, M.B.19n5 Desert Club Tract/Unit No. l Date: February 12,1991 Proposal: The new prospective owners of the building look forward to working with the City to accomplish the following: 1. To make the building an economically feasible product we propose the addition of 21634 sq. ft. of lease space bringing the total for the building up to 5,333 sq. h. 2. The addition of an elevator at the present location of the stairs and the addition of two more stairway exits to comply with codes. 3. The addition of mess and womeas toilet rooms on the second Door at the present location of the resident manager's living unit. 4. The installation of an automatic fire sprinkler system throughout the building. 5. The connection of building to the City Sewer System located in Cape Cadiz 6. Tle increase of the total parking spaces to twenty -one by adding six more off site in the lot byy the Chamber of Commerce Budding or particiation in a future parking assement d'tstict. 7. Finally, we may also request consideration of the modification of the the existing signage agreement. Thank you for your attention in this matter. n 'aminp.0 rmston, For obert A. Barnes Attachments: 1. Scak Site Plan 2,3. Scale Exterior Elevations y ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX me • COACHELLA, CALIFORNIA VMS • TELEPHONE (619) 398MI DIRECTORS TELLIS CODEKAS. PRESIDENT RAYMOND R. RUMMONDS, VICE PRESIDENT JOHN W. McFADOEN DOROTHY M.NICHOLS THEODORE J. FISH Planning Commission City of La Quinta Post Office Box 1504 La Quinta, California 92253 Gentlemen: OFFICERS April 19 , 19 91 THOMAS E. LEw. GENERAL D NE �OK � OWEN MoDXK ASSISTANT GENERAL MANAGER REDWINE AND SHERRILL ATTORNEYS File: 0163.1 - APR 21 C NkN h U1- CH ca VU WA Subject: Plot Plan 91 -458, Portion of Southwest UEPI Quarter, Section 6, Township 6 South, Range 7 East, San Bernardino Meridian_ This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows except in rare instances. This area is designated Zone B on Federal Flood Insurance rate maps which are in effect at this time. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, �G Tom Levy General Manager -Chief Engineer RF:cb /e4 cc: Don Park Riverside County Department of Public Health TRUE CONSERVATION USE WATER WISELY GLEN I. NEWMAN FIRE CHIEF To: City of La Quinta Planning Division RIVERSIDE fOUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AVENUE • PERRIS, CALIFORNIA 92370 (714) 657 -3193 April 17, 1991 REvEiVED APR 171991 Re: Plot Plan 91 -458 CITY 0t LA QUINTA 'LANNING & DEVMPMM WT. With respect to the condition of approval regarding the above referenced Plot Plan, the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and /or recognized fire protection standards: 1. Provide or show there exists a water system capable of delivering 1750 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2. The required fire flow shall be available from a Super hydrant(s) (6" z 4" x 2 )" x 2} ") located not less than 25' nor more than 165' from any portion of the building(s) as measured along approved vehicular travelways. 3. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for reviev. A statement that the building(s) will be automatically fire sprinklered must be Included on the title page of the building plans. 4. Install portable fire extinguishers per NFPA, Pamphlet' /10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 5. Install a Fire Alarm System per NFPA 71 that provides for valve supervision and 24 hour monitoring of the vaterflov alarm at the automatic fire sprinkler system. Audible devices shall be placed as required for the vaterflow alarm to be heard at any point in the building at a minimum of 10 db above the ambient noise level. 6. Approved building address shall be placed in such a position as to be plainly visible and legible from the street. Said numbers shall contrast with their background. EYMO oFFKI 79.733 C~dry Clot DAw. Sake F. haN CA 92201 (d19) 3428886 • FAX (619) 7752072 PLANNING DIVISION O To►scuw oFAcE 41002 Camty Casa DAvr, Sube 225. Temaak G 92390 0 RI OMM OFD (714) 694-5070 • FAX (714) 694.5076 3760 12th Sucet, Wverside, CA 92501 mm 1.+1.. 11e.l�'V . e.v H1A\ uo'fie1 OR ro:nrr-dnnrrevrfednaoe City of La Quinta Planning Div. Re: PP 91 -458 4/17/91 Page 2. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning b Engineering Staff at (619) 342 -8886. Sincerely, RAY REGIS Chief Fire Department Planner By I �,,.. Tom Hutchison - Fire Safety Specialist to cc: B -7 C I T OF LA QItI N T A MEMORANDUM RECEKU TO: Planning Department FROM. Public Works Department DATE: June 6, 1991 JUN - 61991 CITY 0t LA WNTA PLAN41NG & DEVELMENT OM. SUBJECT: Plot Plan 91 -458, S /E /C Bermudas 6 Cadiz The Engineering Department has reviewed the development and determined that certain improvements, dedications, and special requirements are necessary to comply with the City's General Plan and Municipal Code to assure orderly development at the proposed location. The Engineering Department therefore recommends the following comments be submitted to the City Council for consideration as Conditions of Approval for this Plot Plan. 1. The Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: a. Avenida Bermudas - Collector, 32 -foot half width; 2. The Applicant shall be responsible for one -half of the improvement of Calle Cadiz and Avenida Bermudas where said streets are contiguous to the development site. Applicant shall post security equivalent to the estimated cost of said future improvement until the funds are needed for construction. The City will construct the street Improvements along with other improvements in the immediate vicinity prior to December 31, 1996. 3. Applicant shall improve the drainage swale located on the Avenida Bermudas frontage of the site to cause the storm water flow to drain easterly in the alley that bounds the north side of the site. 4. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction Inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. PH 3 F Cur STAFF REPORT PLANNING COMMISSION MEETING DATE: JUNE 11, 1991 APPLICANT/ OWNER: ROBERT A. BARNES LOCATION: 51 -370 AVENUE BERMUDAS NORTHEAST CORNER OF AVENIDA BERMUDAS & CALLE CADIZ PROJECT DESCRIPTION: PLOT PLAN 91 -458 - BUILDING ADDITION TO AN EXISTING TWO - STORY, OFFICE BUILDING. EXISTING ZONING DESIGNATION: C -V -S (COMMERCIAL VILLAGE "SOUTH" SUBZONE) GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL ENVIRONMENTAL CONSIDERATION: AN ENVIRONMENTAL ASSESSMENT HAS BEEN PREPARED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE INITIAL STUDY EVALUATION HAS DETERMINED THAT THE PROJECT WILL NOT PRESENT A SIGNIFICANT ADVERSE IMPACT AND A NEGATIVE DECLARATION HAS BEEN PREPARED. BACKGROUND: The Planning Commission approved this building (Plot Plan 87 -381) on August 25, 1987. A change of zone and parking variance was also granted at that time. Since this approval the Village Zoning has been adopted. The property is located within the "South" Subzone. CURRENT REQUIREMENTS: The building was developed with a 4.5 foot setback along Avenue Bermudas and a 5 foot setback along Calle Cadiz and a 0 foot side yard setback. The current South Subzone would require a 20 foot setback along Bermudas, 10 foot along Cadiz and a 5 foot setback along the eastern property line. However, the building was built under the C -P -S zoning requirements which does not require any setbacks. STAFFRPT.026 /CS -1- rt z � PROPOSED: The current request is to permit the enclosure of the ground floor covered parking area, add new space to the 2nd floor and convert the studio apartment to an office. The Applicant has identified 5,333 square feet of leasable area. This includes the existing, new and remodeled areas. The plan approved in 1987 had 3,186 square feet of leasable area. On May 10, 1988, the Planning Commission granted a conversion of 317.25 square feet of second floor area into an on -site residence. The current plan identifies the following: Existing: 935 Proposed: 1,212 1,086 564 522 450 - - - - -- 94 2,573 490 2,810 The new parking ordinance requires 1 parking space for every 250 square feet of gross leasable area (GLA) which includes storage, hallways, restrooms, ie., all the area leased. Based upon the current parking requirements the first floor restrooms and the second story restroom /lounge would be added to the parking calculations. These areas represent approximately 421 square foot. Therefore, the Gross Leasable Area of the building should be 5,804 square feet. The parking requirements for an office building having 5,804 square feet of GLA is 23.22 or 23 parking spaces. The existing building required 13 parking spaces of which the prior owner paid or is paying in -lieu fees for 5 parking spaces. The new proposed site plan identifies 10 on -site parking spaces. This leaves a deficiency of 13 parking spaces of which the current agreement would reduce by 5 for a net shortage of 8 parking spaces. The prior project was conditioned to modify parking spaces along the alley to angle parking in the future.based upon the Village Specific Plan. The Plan requires the alley to become a one -way (from east to west) alley. The specific plan still identifies the alley as a future one -way alley. Should this happen, 2 parking spaces could be eliminated from the current Plan. STAFFRPT.026 /CS -2- PROPOSED ZONING TEXT AMENDMENT: Staff is processing an amendment to the parking requirements of the City. Should this be approved, the applicant /owner would be permitted to pay in -lieu fees for required parking spaces. In the past this was accomplished through the variance process. The City anticipates creating a parking assessment district in the future. DESIGN REVIEW BOARD: The Design Review Board considered the building addition design at their June 5, 1991 meeting. The Board recommended that the eastern building elevation windows have the same treatment as the rest of the building (adding shutters). Other than that the Board recommended approval of the elevations as recommended. ANALYSIS: 1. The project is located in the Village at La Quinta. The General Plan Policy states that the Village area concept is to encourage a pedestrian - oriented downtown. The proposed project substantially meets this policy. The structure provides setback variations, entries and water elements to draw the pedestrian onto the site and away from vehicular traffic. The plan utilizes the rear alley as main parking access, leaving the site predominately open and oriented to the pedestrian's use. 2. Parking: The village Specific Plan circulation element recommends that the alley south of Calle Estado be .limited to a one -way, east to west access. Redesign of the parking layout should be required when appropriate. The proposed one -way alley eliminates conflicts between traffic entering the alley from Bermudas the the proposed parking areas, while also reducing congestion in the alley. The alley would, on an interim basis, still be used for two -way travel; therefore, 90- degree striping of the pavement would be appropriate, with an adequate performance guarantee for the additional future site work. Based upon the new Gross Leasable floor area the proposed development would be about 8 parking spaces. If the zoning text amendment is adopted it would allow the payment of in -lieu mitigation fees. However, should the ordinance not be amended the project could not be built unless the owner /applicant provides the additional parking spaces on site or applies and is granted a parking variance. STAFFRPT,026 /C5 -3- As an alternative the owner /applicant may seek City Council approval to develop the 8 parking spaces on city owned property. Should this be permitted the number of spaces to be considered would have to be determined. The project is about a total of 13 spaces short if the addition is approved (5 from its original building and 8 from the new addition). 3. The Village Specific Plan was modified on February 2, 1988 identifying Avenida Bermudas as a collector street between the new Avenue 52 alignment and Calle Tampico. The requested right -of -way would be 64 feet. Design for Calle Cadiz has not been determined. The Specific Plan recognizes the curvilinear streets in this area and recommends that they not be widened, and that the existing trees should be retained. However some improvement to Calle Cadiz will be needed as the "Cove" improvements progress northward. This is needed to handle storm water in the area. Based upon this reality, Avenida Bermudas and Calle Cadiz improvements should be bonded rather than installed at this time. 4. Building Design /Architecture: The overall architectural concept of the building is consistent with the intended Village area design scheme. The building provides pedestrian circulation, nodes and water elements, while separating automobile and pedestrian areas. The colors and materials proposed lend additional support to the overall Mediterranean theme of the project, as do the, fountain and patio areas. These features serve to create a consistent design concept throughout the entire structure. The design also provides height variations, which create a more diversified - looking building without distracting from the visual elements. The addition shall comply with the Design Review Boards recommendation. 5. Landscaping: The landscape plan provided does not address appropriate shading for the parking area. However, the redesign of the alley parking areas allows more area to be dedicated to landscaping. 6. Proposed color /materials will match the existing building. STAFFRPT.426 /CS -4- FINDINGS: 1. The proposal is generally consistent with the La Quinta General Plan Ordinance, and the Village Specific Plan Zoning. 2. The building design and architecture is consistent and compatible with existing and anticipated area development under the General Plan and Village Specific Plan. - -- 3. There will be adequate utilities and public services to serve the project. 4. Approval of the project will not result in any significant adverse impacts on the environment. 5. Approval of the proposal with attached conditions will not be in conflict with provisions of the Village at La Quinta Specific Plan. RECOMMENDATION: By Minute Motion approve Plot Plan 91 -458, subject to the attached conditions; and that a Negative Declaration be filed in conjunction with this project. Attachments: 1. Conditions of Approval STAFFRPT,026 /CS -5- CONDITIONS OF APPROVAL - APPROVED PLOT PLAN 91 -458 ROBERT BARNES JUNE 11, 1991 GENERAL 1. The development of the F concept with all approved Planning Department's file the following conditions, precedence in the event exhibits. project site shall comply in exhibits as contained in the for Plot Plan No. 91 -458 and which conditions shall take of any conflict with these 2. This approval shall be used within one (1) year after the date of approval by the Planning Commission unless approved for an extension, as provided in the La Quinta Municipal Code; otherwise, it shall become null and void and of no effect whatsoever. The tern "use" shall mean the beginning of substantial construction of the office building, which construction must thereafter be diligently pursued to.completion. 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the Applicant shall first obtain permits and /or clearances from the following agencies: o City Engineer o City Fire Marshal o City Planning & Development Department o Riverside County Environmental Health o Coachella Valley Water District o Imperial Irrigation District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. LAND USE AND BUILDING DESIGN 4. All roof - mounted equipment shall be adequately screened by the roof structure, or other approved method. CONAPRVL.015 /CS -1- ENGINEERING DEPARTMENT 5. The Applicant shall comply with the following requirements OF the City Engineer: a. The Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: a) Avenida Bermudas - Collector, 32 -foot half width b. The Applicant shall be responsible for one -half of the improvement of Calle Cadiz and Avenida Bermudas where said streets are contiguous to the development site. Applicant shall post security equivalent to the estimated cost of said future improvement until the funds are needed for construction. The City will construct the street improvements along with other improvements in the immediate vicinity prior to December 31, 1996. C. Applicant shall improve the drainage swale located on the Avenida Bermudas frontage of the site to cause the storm water flow to drain easterly in the alley that bounds the north side of the site. d. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 6. The following modifications shall be made to the parking layout: The alley parking areas shall be reconstructed in the future to accommodate a future 60- degree angle parking, oriented to east -to -west travel. Interim 90- degree striping and paving is acceptable until such time as the alley is closed to two -way traffic. An appropriate performance guarantee, acceptable to the City, shall be required to assure future conversion of the parking area. rlf"N Wr *T1Dr7T ni r. /rc -2- UTILITIES 7. The Applicant shall comply with the requirements of the Coachella Valley Water District. 8. The Applicant shall comply with the following requirements of the Fire Department: a. Provide or show there exists a water system capable of delivering 1750 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. b. The required fire flow shall be available from Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/211) located not less than 25' nor more than 165' from any portion of the building(s) as measured along approved vehicular travelways. C. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. d. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC in rating. Contact certified extinguisher company for proper placement of equipment. e. Install a Fire Alarm System per MGPA 71 that provides for valve supervision and 24 hour monitoring of the waterflow alarm at the automatic fire sprinkler system. Audible devices shall be placed as required for the waterflow alarm to be heard at any point in the building at a minimum of 10 db above the ambient noise level. f. Approved building address shall be placed in such a position as to be plainly visible and legible from the street. Said numbers shall contrast with their background. CONAPRVL.015 /CS -3- g. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 9. Trash enclosure shall be gated and enclosed by a six - foot -high wall of the same construction and color as the commercial building. 10. Provide shading of the ally parking spaces by canopy trees. This may be bonded for until the alley becomes one -way. 11. The applicant /owner shall build 13 parking spaces on City owned property subject to City Approval. Failure to receive City approval for the construction of 13 spaces the applicant /owner shall pay parking mitigation fees for 8 parking spaces as provided in the Off Street Parking chapter of the La Quinta Municipal Code subject to Zoning Text Amendment 91 -018 adoption. 12. The eastern elevation shall be modified to include the same window shutters as the rest of the building. 13. The Applicant /Owner is responsible for providing 23 parking spaces for this office building. Future hon- office uses may require more parking. Also, the reconstruction of the alley's circulation and the applicants parking redesign may require more parking spaces. The Applicant is responsible for this future parking space loss. This shall be noted in the parking agreement. 14. The earlier building elevation window shall have the same shutter treatment as the rest of the building. CONAPRVL.015 /CS -4 T A M F ® ® = CASE MAP CAW"" J=P- 9l - 5/s8 s 4 •S • NTS I 1 S. R 11 ` •�+� {A�� M! � Ma1NU �M� allot+' _ 'raps �e�i�3oiiov� ally 1. �. . a COMA* to • Z 0 b e 4 O j V v 0 IL k i� 1� ..EP N 41p" 1 1 00000000 i 1Dffq 1 • n w uo rn oo omm v iaw.r+w 7!•Olro sip va�v fTM um an iooa aoI OL •MAI �d+ aid" i� 1� ..EP N 41p" 1 1 00000000 I i * .N i V t M Ile 11101 oor— -- 1 • tt k N O L i 1 I i * .N i V t M Ile 11101 oor— -- 1 • tt k N O L wu►w fws r.�w .� _ �to�Ya �WUOaw7W - -►w W w. ..� ww w• -sir. .u.rr .n as ...s t `' o {r .t i I Mi 1 11.1 liil isii ii i i j•' > �� ej -` !f $I rdst em nt@ of t I Is IQ E� 3 . .t It i I ' BENJAMIN P. URMSTON / AIA / AND ASSOCIATES P.O. BOX 1566 / RANCH MIRAGE, CA 92270 / (619) 345 -4366 To: The Honorable Chairman and Members of the Planning Commission From: Robert A. Barnes By Benjamin P. Urmston, A.I.A. Architect Subject: Proposed Modification to: The Calle Cadiz Office Building, N.E. Corner Cadiz and Bermudas Lot 1, Block 7, M.B. 19175 Desert Club Tract/Unit No. I Date: February 12,1991 Proposal: The new prospective owners of the building look forward to working with the City to accomplish the following: 1. To make the building an economically feasible product we propose the addition of 2,634 sq. ft. of lease space bringing the total for the building up to 5,333 sq. 6. 2. The addition of an elevator at the present location of the stairs and the addition of two more stairway exits to comply with codes. 3. The addition of mens and women toilet rooms on the second floor at the present location of the resident manager's living unit. 4. The installation of an automatic fire sprinkler system throughout the building. 5. The connection of building to the City Sewer System located in Calle Cadiz. 6. The increase of the total parking spaces to twenty -one by adding six more off site in the lot by the Chamber of Commerce Building or particiation in a future parking assement distict. 7. Finally, we may also request consideration of the modification of the the existing signage agreement. Thank you for your attention in this matter. /3 PU,, Benjamin P. Urmston, .A. For Robert A. Barnes Attachments: 1. Scale Site Plan 2,3. Scale Exterior Elevations z ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92238 • TELEPHONE (619) 398.2851 DIRECTORS TELLIS CDDEKAS, PRESIDENT RAYMOND R. RUMMONDS, VICE PRESIDENT JOHN W. McFADDEN DOROTHY M. NICHOLS THEODORE J. FISH Planning Commission City of La Quinta Post Office Box 1504 La Quinta, California 92253 Gentlemen: S� OFFICERS April 19 , 1991 THOMAS E. LEw, GENERAL MANAGER-CHIEF ENGINEER BERNARDINE SUTTON, SECRETARY OWEN McCOM ASSISTANT GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS File: 0163.1 kCCi C APR 2 1 19.9 PUM NGUf tH VU & DrVr'0AVJrAr'r Subject: Plot Plan 91 -458, Portion of Southwest PT Quarter, Section 6, Township 6 South, Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows except in rare instances. This area is designated Zone B on Federal Flood Insurance rate maps which are in effect at this time. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, Tom Levy General Manager -Chief Engineer RF:cb /e4 cc: Don Park Riverside County Department of Public Health TRUE CONSERVATION USE WATER WISELY GLEN J. NEWMAN FIRE CHIEF To: City of La Quinta Planning Division Re: Plot Plan 91 -458 RIVERSIDE'OCOUNTY PIKE DEPARTMENT 210 WEST SAN JACINTO AVENUE • PERRIS, CALIFORNIA 92370 (714) 657 -3183 April 17, 1991 RECEMED APR 17 1991 CITY OF LA QUINTA "I-ANNING & DEVELOPMENT DEPT. With respect to the condition of approval regarding the above referenced Plot Plan, the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and /or recognized fire protection standards: 1. Provide or show there exists a water system capable of delivering 1750 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2}" x 2} ") located not less than 25' nor more than 165' from any portion of the building(s) as measured along approved vehicular travelways. 3. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 4. Install portable fire extinguishers per NFPA, Pamphlet' #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 5. Install a Fire Alarm System per NFPA 71 that provides for valve supervision and 24 hour monitoring of the waterflow alarm at the automatic fire sprinkler system. Audible devices shall be placed as required for the waterflow alarm to be heard at any point in the building at a minimum of 10 db above the ambient noise level. 6. Approved building address shall be placed in such a position as to be plainly visible and legible from the street. Said numbers shall contrast with their background. b[IIdDIO OFFICE 79.733 Country Club Drive, Suite F, Indio, CA 92201 (619) 3424886 • FAX (619) 7752072 PLANNING DIVISION 0 RIVERSIDE OFFICE 3760 12th Stmt, Riverside, CA 92501 (714) 2754777 • FAX (714) 369.7451 O TE1C7[A OFFICE 41002 County Center Drive, Suite 225, Temocuh, CA 92390 (714) 694.5070 • FAX (714) 6945076 9§ punted w, recycled paper City of La Quinta Planning Div. Re: PP 91 -458 4/17/91 Page 2. Final conditions will be Addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning 6 Engineering Staff at (619) 342 -8886. Sincerely, RAY REGIS Chief Fire Department Planner By Tom Hutchison Fire Safety Specialist to cc: B -7 C I T Y O F L A Q U-I N T A M E M O R A N D U M UEV TO: Planning Department FROM. Public Works Department DATE: June 6, 1991 JUN - 6 1991 CITY OF LA vuINTA PLANNING & DEVELOPMENT OM. SUBJECT: Plot Plan 91 -458, S /E /C Bermudas & Cadiz The Engineering Department has reviewed the development and determined that certain improvements, dedications, and special requirements are necessary to comply with the City's General Plan and Municipal Code to assure orderly development at the proposed location. The Engineering Department therefore recommends the following comments be submitted to the City Council for consideration as Conditions of Approval for this Plot Plan. 1. The Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: a. Avenida Bermudas - Collector, 32 -foot half width; 2. The Applicant shall be responsible for one -half of the improvement of Calle Cadiz and Avenida Bermudas where said streets are contiguous to the development site. Applicant shall post security equivalent to the estimated cost of said future improvement until the funds are needed for construction. The City will construct the street improvements along with other improvements in the immediate vicinity prior to December 31, 1996. 3. Applicant shall improve the drainage swale located on the Avenida Bermudas frontage of the site to cause the storm water flow to drain easterly in the alley that bounds the north side of the site. 4. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction Inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. CITY OF LA QUIRTA PLANNING COMMISSIONFRE CON TILE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on June 11, 1991, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78 -105 Calle Estado, on the following item: ITEM: PLOT PLAN 91 -458 APPLICANT: ROBERT A. BARNES LOCATION: 51 -370 AVENIDA BERMUDAS; NORTHWEST CORNER OF AVENIDA BERMUDAS AND CALLE CADIZ REQUEST: BUILDING REMODEL AND ADDITION The La Quinta Planning and Development Department has completed an environmental assessment on the project. Based upon this assessment, the project will not have a significant adverse effect on the environment; therefore, a Negative Declaration has been prepared. The La Quinta Planning Commission will consider the adoption of the Negative Declaration along with the plot plan at the Hearing. Any person may submit written comments on the project to the Planning and Development Department prior to the Hearing and /or may appear and be heard in support of or opposition to the adoption of the Negative Declaration and /or the project at the time of the Hearing. If you challenge the decision of this plot plan in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Planning and Development Department, at or prior to the Public Hearing. The proposed project file may be viewed by the public Monday through Friday from 8:00 a.m. until 5:00 p.m. at the Planning and Development Department, La Quinta City Hall, 78 -099 Calle Estado, La Quinta, California. DO NOT PRINT BELOW THIS LINE PUBLISH ONCE ON JUNE 1, 1991 HNPC.018 /CS E STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 23, 1991 BI -2 ITEM: MODIFICATION TO APPROVED SIGN PROGRAM FOR PLAZA DE LA FUENTE APPLICANT: ROBERT A. BARNES & BENJAMIN P. URMSTROM LOCATION: 51 -370 AVENIDA BERMUDAS (NORTHEAST CORNER OF AVENIDA BERMUDA AND CALLE CADIZ) REQUEST: MODIFICATION TO APPROVED SIGN PROGRAM ENVIRONMENTAL CONSIDERATIONS: CATEGORICALLY EXEMPT UNDER SECTION 15311(A), ON PREMISE SIGNS. BACKGROUND: The Planning Commission on July 24, 1990, approved a sign program for Plaza de la Fuente subject to modifications. The new property owner is now requesting a modification. REQUEST: The Applicant requests the following modifications to the approved sign program: 1. Page 6, Suite #1, La Quinta Mortgage (Exhibits "A" & "B ") a. Increase the size of the sign from 12" X 24" to 24" X 36 ". Color and material to remain. b. Relocate the sign from above the door to around the corner of the building on the curved southwest face between the windows. 2. Page 4, Suite #2, Barrile Construction (Exhibits "C" & "C") a. Relocate the 24" X 24" sign from the south patio wall to the right of the entry to the south wall of the building between the two windows, left of the entry. 3. All other signs remain as approved within the sign program. STAFFRPT.065 1 r� •� 4 t ANALYSIS: 1. La Quinta Mortgage Sign: the new location proposed for this sign seems to be warranted in that it has better visibility from the street. The Applicant has indicated that the tiles with dark green lettering on white background flush mounted on stucco will remain as proposed. However, the size of the sign will increase from 2 square feet to 6 square feet. 2. Barille Construction Sign: This signs alternate location seems to be warranted in that it has better visibility from the 'street . 3. To provide better uniformity, both signs should have the same square footage. Either 4 or 6 square feet. RECOMMENDATION: By Minute Motion approve the modification to the sign program limiting La Quinta Mortgage sign to 4 square feet and approving the alternate locations subject to the original materials and colors. Attachments: 1. Letter from Applicant 2. Exhibits A, B, C, & D STAFFRPT.065 2 BENJAMIN P. URMSTON / AIA / AND ASSOCIATES P. O. Box 1566 / Rancho Mirage, CA 92270 / (619) 345-4366 To: The Honorable Chairman and Members of the Planning Commission From: Robert A. Barnes By Benjamin P. Urmston, A.I.A. Architect Subject: Proposed Modification of Existing'Revised Sign Program for Warren Johnson Office Building" (Plaza de la Fuente, 51 -370 Avenida Bermudas) Date: April 2,1991 Proposal: The new owner, Mr. Robert A. Barnes, working together with his present tenants, has the following three changes to request in the above subject sign program. 1. Suite 1, pp. 6 a. Increase the size of the sign from 12" x 24" to 24" x 36 ". Color and material to remain as described on pp. 6. b. Relocate the sign from above the door to around the corner of the building on the curved S.W. face between the win- dows. (See Exhibits A and B attached.) 2. Suite 2, pp. 4 a. Relocate the sign from the south patio wall to the right of the entry to south wall of the building between the two win- dows to the left of the entry. (See Exhibits C and D attached.) Thank you for your attention in this matter. en amin . Urmston, A.I.A. For Robert A. Barnes Attachments: Exhibits A,B,C,D J, :,,zi.'.1':;'•'L� s:. -:�i arc' ,. +e;1= ��„•; :�'.E= Z�a "'..'_ "'-. 'fit V 1 �;:�: =x' :;�:,;.�� =7 •';,;�v' x':?i•�'�rfl�f;- - *..��'.,•'.•° - !'� - "�' a :d':'s': �.a�'�y 1�; ,, i '�•iG* l 1! l- :,At+3• ` .r% r; l - I• F'• •' fir: . aY `,• _ •� � nrt •r •' - ��t •- GLS : _ •.a:: - - ?�� - '.lM1i .J+1. ?r'. :: MAJ �, �' - "tom irk.:.• _ .'i`:'t t�.r� �-�, - _ - ilia`',• {i `'r1!'- She + t: hi4.',• �'<•� !-"�� - ,:�: �r5' ;� ;::a- f,.•;�_;,'_;�;; ) +�:;. -;. 't:`�j��' +.�- artier \.�: - . i• iv :x - -F•. _ �.. .t ,-:a . ':.+�!:" _ �:: Yti. + , �• ,:. :.�i `,A -� l'3 ��' =:fir rii -• a •- - i4.�. :,,, - '.S.}'.;i c _- � r.._Y_. -ice. ^•Q�a,4 wr.y Li+ ='T n a - is T�. :.`:�;1:,, .;�� ''� i - - :'.•'::x:::1::.1, +' - - `7 .�L;., yy-. :�r'•1� ^' ^ -;: +•,! pi, _ -`fit %.• •-�.. _ ,a:'.: r::: - ._j.:r ti.i. .'io, ":.l i::� - �11:: •':' :pig: `iy �;L' c.T,:: _ .i'k:'i•' - mod-; �.. - '•j `'- _ y.i.^ ,.l• r..5••v.�. >=, f. - - -rra :,- ail.,• tx._ �;::[' -� .fir- : }�: :.tx _. --;i.: - -_ate• - ..s"-; ,_._k: , ',�� - ;�: ':'.; ''''�:•��; >._'�:.,;:;:.= r�::,:. City Council Minutes 10 March 5, 1991 STUDY SESSION ITEMS 1. PRELIMINARY REVIEW & DISCUSSION OF PROPOSED MODIFICATIONS TO OFFICE BUILDING AT NORTHEAST CORNER OF CALLS CADIZ & AVENIDA BERMUDAS. Mr. Herman reviewed the history of this building advising that they had originally been granted a variance to the parking requirements. The property has been sold and the new owner wishes to expand the building thereby requiring 21 parking spaces. The owner has identified 10 on -site spaces which results in a deficiency of 11. BOB BARNS, addressed Council and advised that he purchased the building out of foreclosure and expressed his des ire to enhance the beauty of La Quinta by expanding the building. BEN URMSTON, advised the he is the building architect, and noted that the zoning allowed them to use 100 percent of the land of which they have built on 35 percent. The original building does not have enough leasable space to pay for itself. Council Member Sniff wished to see the City move ahead with a Village Parking Assessment district. He also advised that the sign issue needs to be resolved. Mr. Herman advised that Planning Commission processed a sign program for this building when Mr. Johnson owned it. It did not allow for a free standing sign with all the tenants listed only a building monument sign. Council concurred in having no problems with the proposed plans and agreed that the City needs to move ahead with plans for a parking district. 2. PRESENTATION OF JULES ROSS FROM INTERNATIONAL STREET FAIR. JULES ROSS addressed Council and advised that he has been a Mime in the Desert for 10 years and has been involved in several street performances. Mr. Ross distributed literature on his street performances and indicated that he would give a more detailed discussion at a later Council date. Mayor Pena advised that Council would review the proposal. .'r RECORDING REQUESTED BY And When Recorded Mail to: Name: Saundra Juhola, City Clerk City of La Quinta Street: P. O. Box 1504 City: La Quinta, CA 92253 Space above this line for Recorders COVENANT TO PROVIDE PARKING OR PAYMENT IN LIEU THEREOF This covenant and agreement is made this �2 1 day of 1992, between Robert A. Barnes, a married man as his sole and arate property, hereafter referred to as PROPERTY OWNER and the City of La Vlinta, a municipal corporation, hereafter referred to as CITY. RECITALS The agreement is based upon the following facts: WHEREAS, PROPERTY OWNER is the owner of real property in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: - LOT 1 IN BLOCK 7 OF THE DESERT CLUB TRACT, UNIT NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 75 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE REAL PROPERTY IS MORE COMMONLY KNOWN AS 51 -370 AVENIDA BERMUDAS, LA QUINTA, CALIFORNIA. WHEREAS, PROPERTY OWNER desires to construct an approximately 2,800 square foot addition to an existing commercial building on said property; and, WHEREAS, PROPERTY OWNER and CITY agree that pursuant to the provisions of the zoning ordinance of the City as contained in the Municipal Code of the City of La Quinta, the number of required parking spaces for said building is 23 parking spaces and PROPERTY OWNER is unable to provide all of said required spaces on the above mentioned real property: and, WHEREAS, Section 9.160.025 of the Municipal Code of the City of La Quinta provides that a parking agreement may be entered into by the PROPERTY OWNER and the CITY to provide a cash mitigation payment for deficiency parking; and., WHEREAS, PROPERTY OWNER may desire to utilize the provisions of said parking provisions found in Section 9.160.025 of the Municipal Code of the City of La Quinta; and, DOCJH.069 WHEREAS, the CITY has determined that the value of one parking space constructed to City standards to be $4,419.00; and, WHEREAS, the Planning Commission by approving Resolution 91 -458, has granted the PROPERTY OWNER permission to enter into a parking agreement. NOW, THEREFORE, it is agreed upon between the parties as follows: 1. The primary purpose of this agreement is to assure that PROPERTY OWNER either (a) continuously provides 23 parking spaces, either on site or by a combination of on -site and off -site on a commercial parcel located across an alley provided the nearest boundary of the parking area is not more than 300 feet from the subject property for the entire period of life of use of the said proposed commercial building, or (b) makes "in lieu" payment(s) to the CITY in the event and to the extent PROPERTY OWNER is unable to provide said required number of parking spaces. 2. PROPERTY OWNER covenants and agrees to continuously provide and maintain a total of eight off -site parking spaces within 300 feet of the real property herein described which parking spaces shall be utilized .for the exclusive use of patrons, customers, and employees of the commercial occupants of said real property; said requirement to provide off -site parking shall continue for the useful life of the building to be erected upon said real property or for so long as said building is utilized for commercial purposes, whichever period is longer, except as provided in paragraph 3 below. 3. In the event PROPERTY OWNER is unable to continuously provide and maintain a total of eight off -site parking spaces within 300 feet of the real property herein described, then and in that event, PROPERTY OWNER shall make in lieu payment(s) to CITY in accordance with the above noted provisions to the extent PROPERTY OWNER is unable to provide said required off -site parking spaces. 4. It is further understood that in the event of a failure to pay the parking "in lieu" fee as identified, the CITY at its option will; a. establish alien against said property which may be foreclosed by the CITY in the same manner as a trust deed foreclosure, or b . the CITY will add to the real property tax bill for said real property the "in lieu" fee outstanding to be collected for the next fiscal year. 5. PROPERTY OWNER agrees that this covenant and agreement pertains to and runs with the real property described in the above recitals and that the provisions herein shall bind the successors in interest of PROPERTY OWNER including, all future owners, encumbrances, successors, heirs and assigns and shall remain in effect until released by a written document authorized by the City Council of CITY. 6. (a) If any provision of this covenant and agreement is adjudged invalid, the remaining provisions of it are not affected. DOCJH.069 (b) This writing contains a full, final and exclusive statement, of the covenant and agreement of the parties. (c) If .there is more than one signer of this covenant and agreement as PROPERTY OWNER, their obligations are joint and several. (d) PROPERTY OWNER agrees that if legal action by the CITY is necessary to enforce any provision of this covenant and agreement, PROPERTY OWNER will pay the CITY a reasonable sum as attorney's fees and court costs for the prosecution of said legal action. . CITY OF LA QUINTA Sh- APPROVED AS `1'U FUHM: i lI . � L .� 1. � . �� O - M., STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) PROPERTY OWNER On �Tt �� /3 �� before me; the unders' ed, a Notar Public in and for said County and State, personally appeared c 7 r_ r' Q. K19 E'S known to me to be the persons whpse names are subscribed to the within instrument and acknowledged that they executed the same. v BARBARA J. IAC NO NOTARY PU3UC CAUFORA eRYPU3U COUNTY 1Ay Comm, E�pires July 31.1992 Notary Public in and for said County and State DOCJH.069 On ��' �`'� oZ� 1992, before me the undersigned, a Notary Public in and for said County and State, personally appeared MURRAY WARDEN, personally known to me or proved to me on the basis of satisfactory evidence to be the City Manager of the City of La Quinta that executed the within instrument on behalf of the body politic and corporation therein named, and acknowledged to me that the within instrument was executed pursuant to its By -Laws, a Resolution, or an Ordinance of its City Council. OFFICIAL SEAL SAUNDP,A L.IUHOLA NOTARY PUBLIC • CALIFORNIA RIVERSIDE CCUNTY F W Comm. Expires Dec. 18. 1992 DOCJH.070 12 otary Public in 64id for said County and State \`, t. .a� � 0 �� • /' ' :� � . � ' .. i L—. .. r . //Y LIEN AGREEMENT THIS LIEN AGREEMENT, made and entered into this 6 day of 1992, by and between the CITY OF LA QUINTA, a municipal corporation, hereinafter referred to as "CITY" and ROBERT A. BARNES, a married man as his sole and separate property, hereinafter referred to as "OWNER ", at La Quinta, California. 0 RECITALS The OWNER is the owner in fee of real property in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: LOT 1 IN BLOCK 7 OF THE DESERT CLUB TRACT, UNIT NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 75 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE REAL PROPERTY IS COMMONLY KNOWN AS 51 -370 AVENIDA BERMUDAS, LA QUINTA, CALIFORNIA. The OWNER desires to construct an addition to an existing commercial building on said property. OWNER and CITY agree that pursuant to the provisions of the Zoning DOCJH.070 1 Ordinance of the CITY as contained in the Municipal Code of the City of La Quinta, the number of required parking spaces for said building is 23 parking spaces and OWNER is unable to provide all of said required spaces on the above - mentioned real property. Section 9.160.025(D)(4) of the Municipal Code of the City of La Quinta provides that the CITY may permit required parking spaces, for uses located on property in one of the C -V (Commercial Village) zoning District Subzones, to be reduced through execution of a parking agreement subject to the following regiments: a. Record a binding agreement, recorded against the property, between this City and property owner. The agreement shall contain at a minimum the following: 1. 2. 3. A Payment Schedule: The payment period shall not exceed four (4) years. If an assessment /benefit or parking improvement district is established the obligation of the property owner shall become due and payable under the terms of said district. The Agreement: The agreement shall be binding upon the parties hereto, their heirs, successors and assigns and shall run with the land. Cash Mitigation Payment: The amount per space shall be established as determined by the Planning and Development and DOCJH.070 2 Public Works Departments, plus an inflation factor. The amount will be calculated at the time of agreement execution. OWNERS are unable to provide the required on -site parking and wish to use the provisions of the La Quinta Municipal Code and enter into a parking agreement for said commercial building addition to be constructed by the OWNER. The CITY has determined that the value of one parking space constructed to CITY standards to be $4,419.00. The Planning Commission, by approving Plot Plan 91 -458 has granted the OWNER the option to enter a parking agreement. The CITY proposes to allow the parking deficiency provided the OWNER file a lien agreement with the CITY to the effect that the OWNER will either provide such additional eight (8) spaces accessible to the CITY and which will serve the property, or pay the reasonable cost of such spaces to the CITY at such time as the CITY requests the money for the purposes of providing such spaces. Monies so collected will be used by the CITY to provide an additional eight (8) parking spaces which will serve the property hereinbefore described. NOW, THEREFORE, the parties agree as follows: 1. In consideration of the deferment of the requirement of installing and causing to be installed, said.eight (8) parking spaces which were deficient, the OWNER does hereby grant, transfer and assign unto the CITY, a lien with a power DOCJH.070 3 a of sale upon said real property situated. in the City of La Quinta, County of Riverside, State of California, described as follows: LOT 1 IN BLOCK 7 OF THE DESERT CLUB TRACT, UNIT NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 75 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE REAL PROPERTY IS MORE COMMONLY KNOWN AS 51 -370 AVENIDA BERMUDAS, LA QUINTA, CALIFORNIA, including all buildings and improvements thereon, or that may be erected on said premises, together with all hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues and profits thereof. 2. The lien of the CITY and the trust deed hereinafter mentioned is given to the CITY as security for the faithful performance of all terms, conditions, and covenants of the agreement hereinafter set forth; any and all advances or expenditures required by the CITY to be made in causing the installation of said improvements in the event the same shall not be done by the OWNER as hereinafter provided in this agreement and the City Plot Plan 91 -458, together with all advances required to be made by the CITY in paying liens prior to this agreement, taxes and assessments, if any, services performed in the care of said premises, premium for fire insurance on buildings, and in case of default and foreclosure, searching the title therefor, fees for legal services, assessments and costs of suits, and all liabilities incurred for the protection of the indebtedness secured until the same is fully paid. DOCJH.070 4 3. The OWNER agrees to acquire and construct the eight (8) spaces of parking at a location in reference to the said property which will fulfill the requirements of the La Quinta Municipal Code on land owned by the OWNER or in which the OWNER has a right in perpetuity to require parking for the property. 4. The OWNER shall make, "in lieu of payments" to the CITY, in accordance with the above noted provisions to the extent that the OWNER is unable to provide said required off -site parking spaces. The OWNER shall make the "in lieu of payments" in one lump sum, or at the OWNERS' option, make annual payments equal to one - fourth of the total amount of the "in lieu of payment" due. The first $8,838 (dollar) payment shall be made prior to the issuance of a building permit. Thereafter, the "in lieu of payment" shall be made in pursuance to the following schedule: 1/4 ..... July 1, 1993 $8,838.00 1/4 ..... July 1, 1994 $8,838.00 1/4 ..... July 1, 1995 $8,838.00 The amount of the "in lieu of payment" shall be increased by an amount computed by adding the ENR last published construction index at the time of the default, using October, 1991, as the base month. In the event that the ENR construction index is no longer published at that time, then the parties shall use an equivalent index. The City Engineer shall determine said sum and make demand on the OWNERS for the sum to be paid. In the event that the said sum is not paid within ninety (90) days after written demand, then the CITY shall have the option to consider this agreement breached and shall take whatever action is indicated in this DOCJH.070 5 agreement to foreclose the lien and collect the sums which are due. 5. The sums so collected shall be used to construct eight (8 ) additional parking spaces required by the La Quinta Municipal Code and said parking may be acquired and constructed by the CITY or the CITY may contribute said sum to an assessment district or other district formed for the purpose of providing said spaces together with other spaces. 6. The CITY notwithstanding the above may demand the said sum above mentioned at any time that the CITY in its discretion deems it expedient or convenient to acquire and construct said parking spaces or contribute to some district or other appropriate vehicle for the acquisition and construction of the spaces for the purpose of serving the property. This demand may be made at any time that the City in its discretion and the CITY's determination in this matter shall be inclusive and not subject to rebuttal by the OWNER. If the entire amount due is not paid upon the demand of the CITY, or in the event that the OWNER does not contribute said sum within ninety (90) days after written demand by the CITY for the said sum, OWNER shall be deemed in default. 7. The said parking spaces in the event that they are constructed by the OWNERS shall be constructed and installed in accordance with the specifications approved by the Office of the City Engineer of the City of La Quinta. 8. The OWNER herewith agrees to hold the CITY harmless and indemnify the CITY from any loss which may occur by reason of the construction of said eight (8) parking spaces by the OWNER and it is clearly understood that said DOCJH.070 6 construction will be made by the OWNER as an independent contractor and not as an agent or employee of the CITY. 9. In the event that the OWNER shall fail, refuse or neglect to comply with any terms, covenant or provision herein contained, the CITY is authorized and may elect, subject only to the provisions of law in connection herewith, to forward the amount which is in default to the trustee and declare all sums secured by this lien agreement and the trust deed executed concurrently with this lien agreement bearing the same date to the trustee with a declaration of default and demand for sale in pursuance to the terms of said trust deed and the law made and provided and as a cumulative remedy to do the following act or acts which the CITY is by the execution hereof empowered to do: CITY: (a) To procure insurance on the buildings for the benefit of the (b) To enter upon the premises, if neglected or abandoned, to care for and cultivate the same; (c) To pay all liens or encumbrances that are prior to this agreement, including all taxes and assessments upon said premises; said premises; DOCJH.070 (d) To advance money for any purpose necessary to protect (e) To commence an action to foreclose this agreement and lien 7 M when any obligation or money secured hereby is due, owing and payable under the terms hereof; (f) That as additional security, the OWNER and undersigned hereby confer upon the holder of this agreement, during the continuance thereof, and in the event of default thereunder, to collect the rents, issues and profits of said property, and to retain the same to the extent required to satisfy said agreement; (g) Upon default by OWNER in payment of any indebtedness secured hereby or in performance of any agreement hereunder, CITY may declare all sums secured hereby immediately due and payable by recordation of a written Notice of Default and Demand for Sale and of written Notice of Default and of Election to Cause said Property to be Sold, which notice CITY shall cause to be filed for record. The City of La Quinta shall give notice of sale as then required by law, without demand on OWNER, at least three (3) months having elapsed after recordation of such Notice of Default, and shall sell said property at the time and place of sale fixed by it in said Notice of Sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. CITY may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. CITY shall deliver to such purchaser its deed conveying the property so sold, but without DOCJH.070 8 any covenant or warranty, expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including OWNER or CITY, may purchase at such sale. After deducting all costs, fees and expenses of CITY, including cost of evidence of title in connection with sale, CITY shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at ten percent (10 %) per annum; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 10. The OWNER and undersigned covenant and agree that they have a fee title in and to the property free and clear of all encumbrances, except those stated in writing to the CITY; after one year from the date of this agreement, the lien of the CITY shall not be junior to any encumbrances on said real property except a first trust deed of not more than $500, 000.00; and 11. Notwithstanding anything in this agreement to the contrary, in the event that the OWNER satisfies his parking requirement by the installation of any spaces less than eight (8) the OWNER shall be to that extent released from the lien of this agreement based upon a proration of the number of spaces completed against those required under the terms of this agreement. 12. The covenants and agreements contained herein shall be binding upon the parties hereto, their heirs, successors and assigns and shall run with the land herein described. DOCJH.070 9 FU IN WITNESS WHEREOF, the OWNER has affixed his signature on the day and year first above written. The City of La Quinta has caused this contract to be signed by it's Mayor by virtue of authority granted by No. CITY OF LA QUINTA, a Municipal Corporation OWNER: BY: L BY: !R ROB RT A. BARNES ATTEST: ty Clerk of the STATE OF CALIFORNIA COUNTY OF RIVERSIDE La Quinta )ss On 5? — f -7 ._ , 1992 before me the undersigned, a Notary Public in and for said County and State, personally appeared JOHN J. PEIRA personally known to me or proved to me on the basis of satisfactory evidence to be the Mayor of the City of La Quinta, and SAUNDRA L. JUHOLA, personally known to me or proved to me on the basis of satisfactory evidence to be the City Clerk of the City of La Quinta, that executed the within instrument on behalf of the body politic and corporation therein named, and acknowledged to me that the within instrument was executed pursuant to its By -Laws, a Resolution, or an Ordinance of its City Council. a -h S • ue 2 /)W,- Notary Public in and for said County and State STATE OF CALIFORNIA )ss COUNTY OF RIVERSIDE ) OFFICIAL SEAL DEBORAH S. DE RENARD m NOTARY PUSUC -WOM DOCJH . 0 7 0 10 RIVERSIDE COUNTY F R My Comm. Expires Jan. 15, 1994 0 .•M� nor: � 'd W On (: J 1992, before me the undersigned, a Notary Public in and for sfiid County and State, personally appeared ROBERT A. BARNES, personally knowrito me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. O: FICIAL SEAT. F4 °BA�AJ.IACIN0 t :GTARY ?U3! �C - C ?! IFORt� A % I"IRSIDE COUNTY '.>f C--,Mm. Exwos July 31, 1992 DOCJH.070 11 r Notary Public in and or said County and State lomm No. Lae No. WHIN RECORDED MAIL TM I SPACII ABOVI THIS LIN► P011 II1COIIOBn'4 Use DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made 13TH DAY OF JULY, 1992 between ..ROBERT A. BARNES . herein celled TRUSTOR, who►e addre►► Is 151 SO MICHIGAN ST, SEATTLE.; RA 98108 (t/unlbw On/ Strain) KIM (311111 COMMONWEALTH LAND TITLE COMPANY, a California corporation, heroin called TRUSTEE .rod CITY OF LA QUINTA, a Municipal Corporation heroin called SENWCIARY, WITNESSETH: That Trultor grants to Trustee In Trust, with Power of Sale, that property in the city of La Quinta County of RIVERSIDE , State of California, described at: LOT 1 IN BLOCK 7 OF THE DESERT CLUB TRACT, UNIT NO. 1, as shown by map on file in Book 19, Page 75 of Maps, records of R IVERSIDE County,California, the real property is more commonly known as 51 -370 Avenida Bermudas, La Quinta, California. Toww wat, lM HW► KPAO 0tH x1011/ 11wBDl rroltel b.t+.6r ro t7v 1� V:.M and w1rd11 hwrtMrit prM 10 tAJ ♦Mntw'H via•, Itn•4,t. 10 M(yrI D1'a 000. 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PO06163U7 9" %,M to W4 bM WO DorRo PW'M .Pa• 101060'1 10 .1. 0150tH 0151 A ,I•K 1004 SOd oy0•nY' It I—I —I I- 1119-0n1 CV 0 v00 •, 10x7 4 0•,,,11:1• • '/q I ;Qe'11t'11 n •11 t',,,.' 010 Drwwe00n" 1tH,0 V"l't6C%) 00 W1h-"1 • tfw tt1 hwt10K(•VYa'w0M'0^t71a- a,7taY"o N111!w•.IV1,0'1611 CA D'+'Ccrw 0- I^ 111! 11- Lrir a' yV.'. n,,,,n a'I WORCI0,'^01 011 06 b1 a 11041.01, o70ro 1H 00'190r'0r 10C'AOo M'.D. D'a+Vto -r.• CM-0. IM'Np. 0041'•0 0rt00o 110 llvll r b'MM Dr -. 1 ih vnrronwo UWat 'wutlll OW a cox W nor MO - W 0trow um')-'/ a M•r n@,#"K F rm ^'040'0'06' „I'•1 Darnell rar.4`YIo'11 w� In11r. ` 31 tl Irvll•r STATE OF CALIFORNIA RIVERSIDE �9Ya ROBFRT A. BARNES on - Oetall IM, HIS Wdorll4lt" a tiMM I'VOft In !'1d lo: We State. pet• . adWyopp -•w ROBERT A. BARNES Mt4oI»M>r M71o1In to role for p. �+e:• G 'a .�� °':, � srB ' : °a::va:c;_ - olyk*10e) p be 1M PWW"W who•:,- 1"1119(41 W15;F Dk7!16CMMIJ 10 ('- - MAtMn YWMr1en1 and BoMrllrwMrW.k: b '��t :+e!6M,'Re+.' —monad w eke tla11r . YVITNEBRmy eAkl x#C -ate. Gl ,� Im•�� a �'i OM f ,1R,�C- CAln.ky, IOM, 0 +t0 la .k.1:01 new el —1, W,-. ..v 9s row No. Vim No.' WHEN RECORDED MAIL T0; , herein called BENEFICIARY, WITNESSETHI That Trustor grants to Trustee In Trust, with Power of Sale, that property In the city of La Quinta County of RIVERSIDE , State of California, described as: LOT 1 IN BLOCK 7 OF THE DESERT CLUB TRACT, UNIT NO. 1, as shown by map on file in Book 19, Page 75 of Maps, records of R IVERSIDE County,California, the real property is more commonly known as 51 -370 Avenida Bermudas, La Quinta, California. ;i Together W" tm'W" KUM 910 ptaf9l II1et0pt MANCt 77wever to the Ito V.wer Oho wl"ll IW*0011e4 QivM t0 of a I GMh+ +H urea* feral ckr v to Coeoct CM owy Welk fenll foe rer 014 Proft rot« thep „epofeof36cu"Mbeyw'"or the Wofs 35, 352 a0n4totipterm "of otoorf- lwy lot* orrote, Of 4,an date Wow" 1114160 by TMror. Oavato to Order of ten06ef9m 04 w+trrwro w ("Wort I"Ml atla (7) trip GWINTQI V9 V OICKh ogrfrgrnenl Of T"fpr MOrDO'O1911 Dy telele'Ve or ConkoNed hereh (3) P*VnWO at OCIWOM -IL 4 OM ;nterell I+wOa+ wt-cri men hweaffr be Irxvwd to Ifultot IV his um a /16r1 Or ns%gm when it "O moo Oy O aorwlC., role a rote, ,grAY9 thel @roll eM betted by IN 09106 Of hyef To Dlo/eet we "Curtly of this ovee Or sews. Troia# OOreel It, 11» ereC~ urea o0vil'y N Itys (1090 a 1", aid Me 1*4719 1K11r00 "WODy. tM1 trov,11014 (1110 (141 a1Cw”. of 1ne Ir,1-1 -0y, OW of trtlp n,Co+d04 h Santa GorOaro r", and 3o^x110 Counly OcIOW 14 h61. 2n4 r Ol ^Ihr covN ei CC1o04k 21 IQ(1 +. this Dwxv 7V 01 'rte Chore M tiff, p, RpCC•01 n I" once 01 tole Cattily IVWCW of hip eOUnh' wtwe 1941 9 1000W A IOCCIft noleo b9 \1w f7DDOY1e IM r..v^• Of 11411 C01:r11y. v11 cowm VXX 9Aet COUNTY 1100K NMI COuNtY 60" PAGI COUNTY KOOK 1Ast k6T4W 435 664 if7rt414 102 933 Ilocel 106 301 Bette 39 336 t 260 tam 362 k 919tta let s ael(tyou 461 111 Atrleeer 104 344 lo4een 171 411 Ieywflee 3006 633 1olCi04 not 117 lutte 1146 1 lotAf+41efee 12066 100 laorort a 4331 42 soya a lost 019 cotovef04 116 III mclowd Ito 00 sal beMO 311 113 3tonflaul 1715 461 colueb 216 611 MOAn 1601 330 RimMttterolnp 6607 61 WrIet 677 291 Coelho coon 3111 41 fattpow 71 2" Son Rertdece A331 OOS Tehome 401 719 Clef Norio 71 411 Metroccln0 679 630 Son JDOgtIn 2470 311 T,tr"ty 93 366 11 00.0" bob . 466 4Aetee6 1311 636 SaltvtlMOM list 12 Sulae 2204 27S rrestla 4626 612 1inflM 114 161 1011M04e0 4071 420 tyOlyr" 136 47 alettn 422 161 Mara e2 419 3410,1141 borbote 1174 660 venture 2061 116 ►lun+bogt 661 62) Monterey 3104 630 101,01 Octet 6336 341 Yore eta 1dS M►1pNfat 1091 501 Napo 630 14 3040CIw I!71 S94 YVW 334 e/0 MMO. 161 690 Neyedel 347 39ICi SnOMO 04 631 eVn *47 3V Aplpr 6111 611 ow 060410 SM1013 10M 1061. 1000 113117 Thal frviii to Ora om the patfe/ w*fo. with r9owl to -a pro0er ►y Obr•M INh'tIDCd srid Ovwemtrlll. w!m uMl V1.1v1VOn4 ro 11,0*0 ni 10,4 M 1, Wt0 s. (kN 0{'hl 11'71 comfy, or1017fh►eo on the level" Vo9 h9re0f) Pe toy Ihq .nlhn'Wil"W4411 IW 6-10 IN (4(440'90114119+1 Una -OQQ Q virl V Ilut ! MP.3 of ',J11 IW ('A Dv1DOl+i o' Ilrffv ni .I so Iwl, O1 iqr Vif, n0'0'0' Oh,- Nref lory -101 "go IV O 11010 -9H 7padlrg I" 'W90hor• 49CVr7(1 h'q'f9y 0-o4090 Ir.4 C'17Q0 mellfWe cm Ml flew. INS nlot►T11irr Ol ^weo Dv t rw 1f* V *WW r10d I"fof teWettl that O coin of nny nONCO of lefulrn UnQ OW Of uPC ngf0un0ef M n•OneO IC rut- y1 rah Q" VIA M,f ^C`9f0'R wl Inrlf. STATE OF CALIFOPINIA i CouNTrOr RIVERSIDE on 1,Ylo:o rt», the un4erelp+»4 it If'joi y Publir, In FnA toi sx � &tale, 0.1, ROBEP T. ..: liAR VAS M 411yOpP "It�4.��mv.rs.:.o..,va�r =-. 01are0f10y hr1p0A1 t0 Jr►e dOr'= Jt > ?70! (g am1g wid�rlaal kt b� tip �reenE>>�?�;; + "+�:s L N�•�tor � 19'01: � ,�J^�:s'?re� 4c: t'�> WItt11n kIGIfL?Ik9Rt 9}►td 80tV'.+`:irfbJt)�iN�Y/'i`y'�TYe 3y.1v1 � ,.� SfiR',ifi^a,.:1'tr.'.,:!r?li9 � the MfIIN ' ` ' it nolure lrutlor RORFRT -A. BARNES �tf+i t ): rl•• : i • � •�,',�� `La �i5� H?TARYrpUEiS iC • tl+llF� y��yW � t ipir: ;yaay i :i 1Sf,"�iJl ngfgy6;x1 +,>:;St 1 f S►ACII ASOVS THIS 11NI FOR RICOIiOER'S U91 DEED OR TRUST WITH ASSIONMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made 13TH DAY OF JULY, 1992 between ..'RQBERT A. BARNES herein called TRUSTOR, whoa address Is 151 SO MICHIGAN ST, SEATTLE.! AA 98.108 (Number erd Street (city) (51611) COMMONWEALTH LAND TITLE COMPANY, a California corporation, herein called TRUSTEE. and CITY OF LA QUINTA, a Municipal Corporation , herein called BENEFICIARY, WITNESSETHI That Trustor grants to Trustee In Trust, with Power of Sale, that property In the city of La Quinta County of RIVERSIDE , State of California, described as: LOT 1 IN BLOCK 7 OF THE DESERT CLUB TRACT, UNIT NO. 1, as shown by map on file in Book 19, Page 75 of Maps, records of R IVERSIDE County,California, the real property is more commonly known as 51 -370 Avenida Bermudas, La Quinta, California. ;i Together W" tm'W" KUM 910 ptaf9l II1et0pt MANCt 77wever to the Ito V.wer Oho wl"ll IW*0011e4 QivM t0 of a I GMh+ +H urea* feral ckr v to Coeoct CM owy Welk fenll foe rer 014 Proft rot« thep „epofeof36cu"Mbeyw'"or the Wofs 35, 352 a0n4totipterm "of otoorf- lwy lot* orrote, Of 4,an date Wow" 1114160 by TMror. Oavato to Order of ten06ef9m 04 w+trrwro w ("Wort I"Ml atla (7) trip GWINTQI V9 V OICKh ogrfrgrnenl Of T"fpr MOrDO'O1911 Dy telele'Ve or ConkoNed hereh (3) P*VnWO at OCIWOM -IL 4 OM ;nterell I+wOa+ wt-cri men hweaffr be Irxvwd to Ifultot IV his um a /16r1 Or ns%gm when it "O moo Oy O aorwlC., role a rote, ,grAY9 thel @roll eM betted by IN 09106 Of hyef To Dlo/eet we "Curtly of this ovee Or sews. Troia# OOreel It, 11» ereC~ urea o0vil'y N Itys (1090 a 1", aid Me 1*4719 1K11r00 "WODy. tM1 trov,11014 (1110 (141 a1Cw”. of 1ne Ir,1-1 -0y, OW of trtlp n,Co+d04 h Santa GorOaro r", and 3o^x110 Counly OcIOW 14 h61. 2n4 r Ol ^Ihr covN ei CC1o04k 21 IQ(1 +. this Dwxv 7V 01 'rte Chore M tiff, p, RpCC•01 n I" once 01 tole Cattily IVWCW of hip eOUnh' wtwe 1941 9 1000W A IOCCIft noleo b9 \1w f7DDOY1e IM r..v^• Of 11411 C01:r11y. v11 cowm VXX 9Aet COUNTY 1100K NMI COuNtY 60" PAGI COUNTY KOOK 1Ast k6T4W 435 664 if7rt414 102 933 Ilocel 106 301 Bette 39 336 t 260 tam 362 k 919tta let s ael(tyou 461 111 Atrleeer 104 344 lo4een 171 411 Ieywflee 3006 633 1olCi04 not 117 lutte 1146 1 lotAf+41efee 12066 100 laorort a 4331 42 soya a lost 019 cotovef04 116 III mclowd Ito 00 sal beMO 311 113 3tonflaul 1715 461 colueb 216 611 MOAn 1601 330 RimMttterolnp 6607 61 WrIet 677 291 Coelho coon 3111 41 fattpow 71 2" Son Rertdece A331 OOS Tehome 401 719 Clef Norio 71 411 Metroccln0 679 630 Son JDOgtIn 2470 311 T,tr"ty 93 366 11 00.0" bob . 466 4Aetee6 1311 636 SaltvtlMOM list 12 Sulae 2204 27S rrestla 4626 612 1inflM 114 161 1011M04e0 4071 420 tyOlyr" 136 47 alettn 422 161 Mara e2 419 3410,1141 borbote 1174 660 venture 2061 116 ►lun+bogt 661 62) Monterey 3104 630 101,01 Octet 6336 341 Yore eta 1dS M►1pNfat 1091 501 Napo 630 14 3040CIw I!71 S94 YVW 334 e/0 MMO. 161 690 Neyedel 347 39ICi SnOMO 04 631 eVn *47 3V Aplpr 6111 611 ow 060410 SM1013 10M 1061. 1000 113117 Thal frviii to Ora om the patfe/ w*fo. with r9owl to -a pro0er ►y Obr•M INh'tIDCd srid Ovwemtrlll. w!m uMl V1.1v1VOn4 ro 11,0*0 ni 10,4 M 1, Wt0 s. (kN 0{'hl 11'71 comfy, or1017fh►eo on the level" Vo9 h9re0f) Pe toy Ihq .nlhn'Wil"W4411 IW 6-10 IN (4(440'90114119+1 Una -OQQ Q virl V Ilut ! MP.3 of ',J11 IW ('A Dv1DOl+i o' Ilrffv ni .I so Iwl, O1 iqr Vif, n0'0'0' Oh,- Nref lory -101 "go IV O 11010 -9H 7padlrg I" 'W90hor• 49CVr7(1 h'q'f9y 0-o4090 Ir.4 C'17Q0 mellfWe cm Ml flew. INS nlot►T11irr Ol ^weo Dv t rw 1f* V *WW r10d I"fof teWettl that O coin of nny nONCO of lefulrn UnQ OW Of uPC ngf0un0ef M n•OneO IC rut- y1 rah Q" VIA M,f ^C`9f0'R wl Inrlf. STATE OF CALIFOPINIA i CouNTrOr RIVERSIDE on 1,Ylo:o rt», the un4erelp+»4 it If'joi y Publir, In FnA toi sx � &tale, 0.1, ROBEP T. ..: liAR VAS M 411yOpP "It�4.��mv.rs.:.o..,va�r =-. 01are0f10y hr1p0A1 t0 Jr►e dOr'= Jt > ?70! (g am1g wid�rlaal kt b� tip �reenE>>�?�;; + "+�:s L N�•�tor � 19'01: � ,�J^�:s'?re� 4c: t'�> WItt11n kIGIfL?Ik9Rt 9}►td 80tV'.+`:irfbJt)�iN�Y/'i`y'�TYe 3y.1v1 � ,.� SfiR',ifi^a,.:1'tr.'.,:!r?li9 � the MfIIN ' ` ' it nolure lrutlor RORFRT -A. BARNES �tf+i t ): rl•• : i • � •�,',�� `La �i5� H?TARYrpUEiS iC • tl+llF� y��yW � t ipir: ;yaay i :i 1Sf,"�iJl ngfgy6;x1 +,>:;St 1 I � t 4 i c LIEN AGREEMENT THIS LIEN AGREEMENT, made and entered into this O?o 7e r7 day of L.9nNUARy by and between the CITY OF LA QUINTA, a municipal corporation, hereinafter referred to as "CITY ", and WARREN D. JOHNSON and DIANE JOHNSON, husband and wife as joint tenants, hereinafter referred to as "OWNERS ", at La Quintal California. RECITALS The OWNERS are the owners in fee of real property in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: Lot 1 in Block 7 of the Desert Club Tract, Unit No. 1, as shown by map on file in Book 19, Page 75 of Maps, records of Riverside County, California, the real property is commonly known as 78 -010 Calle Cadiz, La Quinta, California. The OWNERS desire to construct a commercial building of approximately 3,250 square feet on said property. OWNERS and CITY agree that pursuant to the provisions of the.Zoning Ordinance of the CITY as contained in the Municipal Code of the City of La Quinta, the number of required parking spaces for said building is 13 parking spaces and OWNERS are unable to provide all of said required spaces on the above - mentioned real property. E1 'V f t Section 9.160.020 of the Municipal Code of the City of La Quinta provides that parking spaces may be located on a parcel across an alley if the nearest boundary of the parking facility is not more than 300 feet from the use it is to serve and the parcel is in a commercial zone. OWNERS may desire to utilize the provisions of said parking provisions found in Section 9.160.020 of the Municipal Code of the City of La Quinta. OWNERS are unable to adequately guarantee. to the satisfaction of CITY that the proposed off -site parking will continue indefinitely into the future and for the life of the proposed use of said commercial building to be constructed by the OWNERS. The Planning Commission has determined that the value of one parking space.constructed to CITY standards to be $3,375.00. The Planning Commission, by adopting Resolution No. 87 -008, has granted a five -space parking variance to the OWNERS, subject to conditions. The CITY proposes to allow the parking deficiency provided the OWNERS file a lien agreement with the CITY to the effect that the OWNERS will either provide such additional five (5) spaces accessible to the CITY and which will serve the property, or pay the reasonable cost of such spaces to the CITY 2 at such time as the .CITY requests the money for the purpose of providing such spaces. Monies so collected will be used by the CITY to provide an additional five (5) parking spaces which will serve the property hereinbefore described. NOW, THEREFORE, the parties agree as follows: 1. In consideration of the deferment of the requirement of installing and causing to be installed, said five (5) parking spaces which were deficient, the OWNERS do hereby grant, transfer and assign until the CITY, a lien with a power of sale upon said real property situated in the City of La Quinta, County of Riverside, State of California, described as follows: Lot 1 in Block 7 of the Desert Club Tract, Unit No. 1, as shown by map on file in Book 19, Page 75 of Maps, records of Riverside County, California, the real property is commonly known as 78 -010 Calle Cadiz, La Quinta, California, including all buildings and improvements thereon, or that may be erected on said premises, together with all hereditaments, and appurtenances thereunto belonging, 'or in any wise appertaining, and the reservations, remainders, rents, issues and profits thereof. 2. The lien of the CITY and the trust deed hereinafter mentioned is given to the CITY as security for the faithful performance of all terms, conditions and covenants of the 3 agreement hereinafter set forth; any and all advances or expenditures required by the CITY to be made in causing the installation of said improvements in the event the same shall not be done by the OWNERS as hereinafter provided in this agreement and the City Plot Plan Approval No. 87-381, 'together with all advances required to be made by the CITY in paying liens prior to this agreement, taxes and assessments, if any, services performed in the care of said premises, premium for fire insurance on buildings, and in case of default and foreclosure, searching of the title therefor, fees for legal services, assessments and costs of suits, and all liabilities incurred for the protection of the indebtedness secured until the same is fully paid. 3. The OWNERS agree to acquire and construct the five (5) spaces of parking at a location in reference to the said property which will fulfill the requirements of the La Quinta Municipal Code on land owned by the OWNERS or in which the OWNERS have a right in perpetuity to require parking for the property. 4. In the event the OWNERS are unable to continuously provide and maintain a total of five (5) off -site parking spaces within 300 feet of the real property herein described, acceptable to the CITY and fulfilling the requirements of the CITY's ordinances, then in that event, the OWNERS shall make, "in lieu of payments" to the CITY, in accordance with the above noted provisions to the extent that the OWNERS are unable to provide 4 said required off -site parking spaces. The OWNERS shall make the "in lieu of payments" in one lump sum, or at the OWNERS' option, make annual payments equal to one -fifth of the total amount of the "in lieu of payment" due. The first payment shall be made prior to the issuance of a building permit. Thereafter, the "in lieu of payment" shall be made in pursuance to the following schedule: 1 /5th ... January 20th of 1990 1 /5th ... January 20th of 1991 1 /5th ... January 20th of 1992 1 /5th ... January 20th of 1993 The amount of the "in lieu of payment" shall be increased by an amount computed by adding the ENR last published construction index at the time of the default, using May 1, 1983 as the base month. In the event that the ENR construction index is no longer published at that time, then the parties shall use an equivalent index. The City Engineer shall determine said sum and make demand on the OWNERS for the sum to be paid. In the event that the said sum is not paid within ninety (90) days after written demand, then the CITY shall have the option to consider this agreement breached and shall take whatever action is indicated in this agreement to foreclose the lien and collect the sums which are due. 5 5. The sums so collected shall be used to construct five ( 5 ) additional parking spaces required by the. La Quinta Municipal Code and said parking may be acquired and constructed by the CITY or the CITY may contribute said sum to an assessment district or other district formed for the purpose of providing said spaces together with other spaces. 6. The CITY notwithstanding the above may demand the said sum above mentioned at any time that the CITY in its discretion deems it expedient or convenient to acquire and construct said parking spaces or contribute to some district or other appropriate vehicle for the acquisition and construction of the spaces for the purpose of serving the property. This demand may be made at any time that the CITY in its discretion deems that the OWNERS are unable to continuously provide and maintain a total of five off -site parking spaces within the 300 feet of the real property herein described and the CI- A'Y's determination in this matter shall be conclusive and not subject to rebuttal by the OWNERS. If the entire amount due is not paid upon the demand of the CITY, or in the event that the OWNERS do not contribute said sum within ninety (90) days after written demand by the CITY for the said sum, OWNERS shall be deemed in default. 7. The said parking spaces in the event that they are constructed by the OWNERS shall be constructed and installed in accordance with the specifications approved by the Office of the City Engineer of the City of La Quinta. 11 B. The OWNERS herewith agree to hold the CITY harmless and indemnify the CITY from any loss which may occur by reason of the construction of said five (5) parking spaces by the OWNERS and it is clearly understood that said construction will be made by the OWNERS as an independent contractor and not as an agent or employee of the CITY. 9. In the event that the OWNERS shall fail, refuse or neglect to comply with any term,. covenant or provision herein contained the CITY is authorized and may elect, subject only to the provisions of law in connection herewith, to forward the amount which is in default to the trustee and declare all sums secured by this lien agreement and the trust deed executed concurrently with this lien agreement bearing the same date to the trustee with a declaration of .default and demand for sale in pursuance to the terms of said trust deed and the law made and provided and as a cumulative remedy to do the following act or acts which the CITY is by the execution hereof empowered to do: (a) To procure insurance on the buildings for the benefit of the CITY; (b) To enter upon the premises, if neglected or abandoned, to care for and cultivate the same; (c) To pay all liens or encumbrances that are prior to this agreement, including all taxes and assessments upon said premises; 7 (d) To advance money for any purpose necessary to protect said premises; (e) To commence an action to foreclose this agreement and lien when any obligation or money secured hereby is due, owing and payable under the terms hereof; (f) That as additional security, the OWNERS and undersigned hereby confer upon the holder of this Agreement, during the continuance thereof, and in the event of default thereunder, to collect the rents, issues and profits of said property, and to retain the same to the extent required to satisfy said agreement; (g) Upon default by OWNERS in payment of any indebtedness secured hereby or in performance of any agreement hereunder, CITY may declare all sums secured hereby immediately due and payable by recordation of a written Notice of Default and Demand for Sale and of written Notice of Default and of Election to Cause said Property to be Sold, which notice CITY shall cause to be filed for record. The City of La Quinta shall give notice of sale as then required by law, without demand on OWNERS, at least three (3) months having elapsed after recordation of such Notice of Default, and shall sell said property at the time and place of sale fixed by it in said Notice of Sale, either as a whole or in separate parcels and in such order as it may determine, at public 0 auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. CITY may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. CITY shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, expressed or implied. The recitals in such deed of any matters. or facts shall be conclusive proof of the truthfulness thereof. Any person, including OWNERS or CITY, may purchase at such sale. After deducting all costs, fees and expenses of CITY, including cost of evidence of title in connection with sale, CITY shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at ten percent (10 %) per annum; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 10. The OWNERS and undersigned covenant and agree that they have a fee title in and to the property free and clear of all encumbrances, except those stated in writing to the CITY; after one year from the date of this agreement, the lien of the CITY shall not.be junior to any encumbrance on said real property . except a first trust deed of not more than $ 500,QW.0 and 9 13. Notwithstanding anything in this agreement to the contrary, in the event that the OWNERS satisfy their parking requirement.by the installation of any spaces less than five (5), the OWNERS shall be to that extent released from the lien of this agreement based upon a proration of the number of spaces completed against those required under the terms. of this agreement. 14. The covenants and agreements contained herein shall be binding upon the parties hereto, their heirs, successors and assigns and shall run with the land herein described. IN WITNESS WHEREOF, the OWNERS have affixed their signatures on the day and year first above written. The City of La Quinta has caused this contract to be signed by its Mayor by virtue of authority granted by No. CITY OF LA QUINTA, a Municipal Corporation BY: YOR ATTEST: r -City Clerk of the —City of La Quinta STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) on , an u a R �{ undersigned, a Notary Public in a personally appeared h n T. 11 Celle WARREN D. JOHNSON BY: r'li DIANE JO/ SON , 1989, before me the or said County and State, -1 n Q personally known to me or proved to me on the basis of satisfactory evidence to be the Mayor of the City of La Quinta, and 60,orAza �.. �u hol0., personally known to me or proved to me on the basis of satisfactory evidence to be the City Clerk of the City of La Quinta, that executed the within instrument on behalf of the body politic and corporation therein named, and acknowledged to me that the within instrtument was executed pursuant to its by -laws, a resolution, or an ordinance of its City Council. Notary Public in and for said County and State STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On 1989, before me, the undersigned, a Notary Pdblic in and for said Co my and State, personally appeared ( � � L i`_ 1\/ _�� N tY fir, �� f. � i'0 iy �� personally known to me or proved to me on the basis of satisfactory evidence to be the person � whose name « ;_ subscribed to the within instrument and acknowledged that � 1 executed the same. Notary )Pu lic in and for said County and State 12 r� ELIZABETH A. NEWELL ROBERT J. KANE DARRYL S. GIBSON BRUCE C. STUART STRADLING, YOCCA, CARLSON & RAUTH E. KURT YEAGER DANA M. STRABIC ROBERT J. WHALEN A PROFESSIONAL CORPORATION ROSERT E. RICH FRITZ R. STRADLING NICHOLAS J. YOCCA ROBERT C. WALLACE BRUCE W. FEUCHTER MARK J. HUEBSCH NICK E' YOCCA JULIE M. PORTER ATTORNEYS AT LAW BRUCE D. MAY C. CRAIG H MICHAEL E. FLYNN DOUGLAS P, FEICK DONALD J. HAMMAN WILLIAM R. . RAUTH III K. C. SCHAAF GARY A. PEMBERTON�/ CAROL L. LEW 660 NEWPORT CENTER DRIVE, SUITE 1600 POST OFFICE BOX 7680 ^/ �({f RICHARD C. GOODMAN DENISE HARBAUGH HERING CHRISTINE L. LUKETIC CELESTE STAHL BRADY JOHN J. MURPHY THOMAS P. CLARK, JR. BARBARA ZEID LEIBOLD JON E. GOETZ NEWPORT BEACH, CALIFORNIA 92660 -6441 JOEL H. GUTH BEN A. FRYDMAN JOHN D. IRELAND TELEPHONE (714) 725 -4000' DAWN C. HONEYWELL DAVID R. M-EWEN PAUL L. GALE DAVID H. MANN CHRISTOPHER M. MOROPOULOS FACSIMILE (714) 725 -4100 (/ RUDOLPH C. SHEPARD ELIZABETH A. NEWELL ROBERT J. KANE DARRYL S. GIBSON BRUCE C. STUART JEE HI PARK E. KURT YEAGER DANA M. STRABIC ROBERT J. WHALEN TODD R. THAKAR ROSERT E. RICH RICHARD T. NEEDHAM RANDALL J. SHERMAN ROBERT C. WALLACE BRUCE W. FEUCHTER MARK J. HUEBSCH CANNON JOHN F. CANNON F. KAREN A. ELLIS JAY A BRUCE D. MAY JOHN E. WOODHEAD IV ANDREW F. PUZDER DOUGLAS P, FEICK DONALD J. HAMMAN WILLIAM J. MORLEY JOHN J. SWIGART, JR. MARK L. SKAIST MICHAEL A. ZABLOCKI JEFFREY B. COYNE NEILA R. BERNSTEIN CHRISTINE L. LUKETIC CELESTE STAHL BRADY SANDRA WAKAMIYA SCHAAL CHRISTOPHER J. KILPATRICK MATTHEW P. THULLEN JOEL H. GUTH ANDREA S. LEVITAN JULIE MCCOY AKINS JOHN D. VAUGHAN DAWN C. HONEYWELL STEVEN M. HANLE LAWRENCE B. COHN MICHAEL H. MULROY HARLEY L. BJELLAND MARY ANNE WAGNER STEPHEN T. FREEMAN SCOTT R. MAPLES Mr. Robert Barnes P.O. Box 2998 Kirkland, Washington 98083 -2998 Re: Release of Liens Iiomm: e November 1, 1994 JOHN E. BRECKENRIDGE RENA C. STONE OF COUNGE1 WRITER'S DIRECT DIAL: (714) 725 -4083 N 3 ISM EPr RTMENT Enclosed are copies of the recorded Substitution of Trustee and Full Reconveyance, Release of Liens and Release of Lien Agreement. Very truly yours, STRADLING, YOCCA, CARLSON & RAUTH Rhonda K. Kreger L Paralegal /rkk enclosures cc: Tom Genovese i Betty Sawyer Dawn Honeywell, Esq. I 1lLOOtIRQrG REQLTF= WY ) . CrrY OF LA QUINTA ) Aftodw Tom Geaoine ) 78493 Cage Tmwim ) La Qviek California 97233 ) AND 9t=lit RECORDED MAIL TtOr ) O Rabat A. Bares P.O. uhho a 9!083.2990 114 dmmmat 4 asp f� aka pwpww of a reooe I he pwnnM b Oove eer Code Sectios 6103. TlT E ORDER NO. RBCOKVEYANCE NO. SUBOMMON OF 7RUSM AND FULL RECONVEYANCE I The unders*w, preserat beneficivy under ddt txrdn Deed of Trust executed by: ROBERT A. BARNES as Trustor I oOMMONwEALTH LAND Tf ILE INSURANCE COMPANY as orisinal Tradm and recorded on August 21. 1992 n bmttrumeat No. 312357. in Book . Page of OfrwW Records of Riverside County. California: hereby appomm and sa6a mtes the undersigned as the new Subuku ed Tnme, derewder in aocordaroe w•idt the terttts and fprovisions contained duerein: AND 1 As such duly appointed rand Substmsed Trustee Wereunder, dw undersigned don hereby t RECONVEY to the person or penaas, legally entitled daerao• witbott wwrramy. all the emus. title and ituerest.acquired by the original Trustee and by the undersigned as the said Substituted Trustee under said Deed of Trust. l Whemver the text of this dot nm so mpira, doe singular includes the plural. BENEFICIARY AND SUBSTninm TRUSTEE � CITY O QUINT , i9 / � pad• T2 Tom Genovese. City Manager rwuna ttsetitrtsao is III �� ;. _;•'µ ..,f.� 'j$l..:. ,:.�'% ,e4'•�'`al. I ice•;: !r.49jiC` . h:': 't• �..• •i3^a:- 5:l a . •'{: ti!::'�!•ty'.•%-: • •r!�:��'`:;i ..e'j"y .r '•F._•��- +:�: i��•.•�, I i ij 1 �, 5•:�tti °tip..,. � - �:J'��:: •� �3 :.7 �• - ys- �f: y� � ._Si''L�.':� ._iii . %:a �:' :' {�:..,y��,��.r, •r �.. :,_'1(.i;� X, J. : 3, . �, • :.s.' ,;�'•°:%� s =�. z x� ate.. , .�'� .- i } . • a r - :�7r3 3 a' _ .. .: .:�-- .:' ^::"._i,::... .. _.. ....,�_ ....•a � .•.rr .r � ...... tom: ]. w..•: ..�f ".1�.. •'i` � .r %�L1?1 r � ` r.^ ..� � r ~� - au�J�S.N�.�:'• oak �� t J`�ifJ. �S A �N a n u CCCy F _h O D O O O O 3i � e9.2 d x R y S .c A T [ 1 N s 4. Y o � ti_ o� 's x R y S .c A T [ v r s i t r f ti_ .-rN L.. Z RELEASE OF LUM - COVENANT TO PROVim6 PA1tXV4G OR � is `� • i PAYMENT DWIE11 DOF; � LIEN AGREEMENT; AND, � a • D® OF TRUST WrM ASSIGNMENTS OF RENTS i Tae Covehmt to Provide Parma at Payment 10 -lien 7tereoh, the lien Agreement. acrd. the Deed of That with Ass* meats of Rena have reooede 1 by the CTTY OF 1A QUWA on a pared of land in the Crty or La Quints, Comely of Riverside, State of Califtania, and particularly described as Lot I in Hock 7 of the Dean Chub Tract, unit No. 1, as shown by map on Me in Book 19, Palle 73 of Maps, records of Riverside County, California, the real property is more commonly known as 51 -370 AvaMda Bermudas, la Quinta. California, the kgal owner being Robert A. Barnes is heeby released. That certain l.re6ere recorded in the Records of Riverside County as fotows: 1. Covenant to Provide Parking or Payment Wl kv Thereof - recorded as Irua7>memt No. 312555 on August 21, 1992; 2. Lien Agreement recorded as Isem u neat No. 312556 on ALIust 21, 1992. WW' a and are hereby satisfied and discharged DATED: March 21, 1994 CITY OF I.A QUINTA Br &frr'1. Ht&i City m pager State of California) ( //E County of Riverside) /�y..if 9 /'i 9'i On March 21. 1994. before me, i . e n & Pp Lr . Notary Public. Personally appeared Robert L Hunt, City Manager pQpesonally known to are -OR- ( ) proved to me on the basis of satisfactory evidence to be the person whose name is described to the within instrunent and acknowledged to me that he executed the same in his authorized capadty, and that by this signature on the instrument the person, or the entity upon behalf of which the person acted. executed the instrument. WITNESS my hand and off chl wal t actwe co w cep... tv. on n nor POMAr7 W -1 - - 4• - i is v era® a T � Qa'•iw. Aar 1 r . 6_.r F.._ .c •fin � a99P - -- � . . - -.. . ; .,.1_ FLIMEASE OF 1U34 AGREENttTT ' 99P: q) N. Lien Agnroemer+t entered irab by and l p - P eo the City of La Quinta, a municipal eorpcxauon Q' and WARREN D. JOHNSON and DIANE JOHNSON, husband and wife as joint tenants on January 20, 1YW. on a paced d bW in the City If La Quinn, County of Riverside. Sate d California, and partkularty described as: Lot 1 in Block 7 of the Desert Club Tract. Unit No. 1. as sbawa by map an file in Book 19. Pace 75 of Maps, records of Riverside County. California. the real property is snore commonly known as 31 -370 Avenida Bermudas, La Quitrta. California is hereby satisfied and dixt %W. DATED: Mardi 21. 1994 CITY {�O�F LA QUIN)TA By: BLit IT (%• City Maraca State of California) County of Riverside On March 21,1994, bdore me. . Notary Public, pasoraVy appeared Robert L Hunt, City Manaserp42monally known to me -OR- () proved to me an the basis of satisfactory evidence to be the person whose Hanle is desmbW to the within insaumeru and acknowledged to me that he executed the tame in his authorized capacity. and that by this signature on the instrument the person, or the laity upon behalf of which the person acted. aiecuted the instrument. WITKM my hand and official sal Qwcaffm rv. ca x caw rOL1.0t7 rlir 0 � J1 _�4��,: T4hf 4(V " 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 April 6, 1994 Mr. Robert A. Barnes 151 South Michigan Seattle, WA 98108 SUBJECT: LIEN RELEASE - PLOT PLAN 87 -381 & 91 -458 Dear Mr. Barnes: ' Enclosed are two lien releases regarding your property at 51 -370 Avenida Bermudas. These documents need to be recorded in the City of Riverside at the Riverside County Recorders' Office located at 4080 Lemon, Room 101 -102, Riverside, CA 92501. Once recorded, please send a copy to the City of La Quinta for our records. Should you have any questions, please contact the undersigned. Very truly yo rs, OEtRR"YI)HERMAN PLANNING AND DEVELOPMENT DIRECTOR JH: kaf cc: City Manager LTRJH.316 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA . 92253 ��J RELEASE OF LIENS - COVENANT TO PROVIDE PARKING OR PAYMENT IN-LIEU THEREOF; LIEN AGREEMENT; AND, DEED OF TRUST WITH ASSIGNMENTS OF RENTS The Covenant to Provide Parking or Payment In -Lieu Thereof; the Lien Agreement; and, the Deed of Trust with Assignments of Rents have recorded by the CITY OF LA QUINTA on a parcel of land in the City of La Quinta, County of Riverside, State of California, and particularly described as Lot 1 in Block 7 of the Desert Club Tract, Unit No. 1, as shown by map on file in Book 19, Page 75 of Maps, records of Riverside County, California, the real property is more commonly known as 51 -370 Avenida Bermudas, La Quinta, California, the legal owner being Robert A. Barnes is hereby released. That certain Lies were recorded in the Records of Riverside County as follows: 1. Covenant to Provide Parking or Payment In -Lieu Thereof - recorded as Instrument No. 312555 on August 21, 1992; 2. Lien Agreement recorded as Instrument No. 312556 on August 21, 1992; and, 3. Deed of Trust with Assignments of Rents recorded as Instrument No. 312557 on August 21, 1992, and are hereby satisfied and discharged. DATED: March 21, 1994 CITY OF LA QUINTA By: Aiq l . �uz—j City Manager State of California) County of Riverside) On March 21, 1994, before me, _ (-, t n dtl Notary Public, personally appeared Robert L. Hunt, City Manager OQpersonally known tome -OR- ( ) proved to me on the basis of satisfactory evidence to be the person whose name is described to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by this signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal FORM.027 LINDA CEHR ¢ COMM. # 1007602 Z Z Notary Public — California RIVERSIDE COUNTY My Comm. Expires OCT 25, 1997 RELEASE OF LIEN AGREEMENT The Lien Agreement entered into by and between the City of La Quinta, a municipal corporation and WARREN D. JOHNSON and DIANE JOHNSON, husband and wife as joint tenants on January 20, 1989, on a parcel of land in the City of La Quinta, County of Riverside, State of California, and particularly described as: Lot 1 in Block 7 of the Desert Club Tract, Unit No. 1, as shown by map on file in Book 19, Page 75 of Maps, records of Riverside County, California, the real property is more commonly known as 51 -370 Avenida Bermudas, La Quinta, California is hereby satisfied and discharged. DATED: March 21, 1994 CITY OF LA QUINTA By: Ale-uJ- /� � City Manager State of California) County of Riverside) On March 21, 1994, before me, , Notary Public, personally appeared Robert L. Hunt, City Manager, ersonally known to me -OR- ( ) proved to me on the basis of satisfactory evidence to be the person whose name is described to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by this signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal FORM.027 z�;' COMM #C1007602 .a. Notary Public — California RIVERSIDE COUNTY My Comm. Expiret OCT 2b. 1997 y, A , Uert A. Barnes February 17, 1994 Jerry Herman City of La Quinta 78 -495 Calle Tampico La Quinta, CA 92253 Dear Mr. Herman Re: Plot Plan 91 -458 151 SOUTH MICHIGAN SEATTLE, WASHINGTON 98108 (206) 762 -0920 so D FEB 2 2 999 CITY OF LA QUIN A PLANNING DEPARTMENT Due to a lack of available funding, we can not continue with Plot Plan 91 -458. Since the permit has expired, please consider our request to void the approval of Plot Plan 91 -458. Construction has never started on this project. We paid $8,838.00 on the lien agreement dated July 24, 1992 and owe $3,375.00 as final payment on a lien agreement dated January 29, 1989 between the City and Warren and Diane Johnson. Will you pay off the Johnson lien with our $8,838.00 deposit and return the balance of $5,463.00 to Robert A. Barnes, 151 S. Michigan St., Seattle, WA 98108. We wish to eliminate both liens in order to clear up the title. Thank you in advance for your help. Sincer 1 Robert A. Barnes *1 - T4&f 4 a Q" July 11, 1991 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 Mr. Robert A. Barnes P. O. Box 1340 La Quinta, CA 92253 SUBJECT: PLOT PLAN 91 -458 Dear Mr. Barnes: The City Council accepted the Planning Commission report of your proposed expansion project subject to conditions. The conditions are attached for your files. Please review these conditions as adherence to these conditions will be required before a building permit will be issued. In addition, please submit a check in the amount of $25.00 made payable to Riverside County. This is to complete the environmental review process, notice of determination. Without this check, the environmental process is not complete. Should you have any questions please feel free to contact this office. Very truly yours, J ning & Development Director JH : bja LTRJH.024 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 CONDITIONS OF APPROVAL - APPROVED PLOT PLAN 91 -458 ROBERT BARNES JUNE 11, 1991 GENERAL 1. The development of the F concept with all approved Planning Department's file the following conditions, precedence in the event exhibits. 1roject site shall comply in exhibits as contained in the for Plot Plan No. 91 -458 and which conditions shall take of any conflict with these 2. This approval shall be used within one (1) year after the date of approval by the Planning Commission unless approved for an extension, as provided in the La Quinta Municipal Code; otherwise, it shall become null and void and of no effect whatsoever. The tern "use" shall mean the beginning of substantial construction of the office building, which construction must thereafter be diligently pursued to completion. 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the Applicant shall first obtain permits and /or clearances from the following agencies: • City Engineer • City Fire Marshal • City Planning & Development Department • Riverside County Environmental Health o Coachella Valley Water District o Imperial Irrigation District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. LAND USE AND BUILDING DESIGN 4. All roof - mounted equipment shall be adequately screened by the roof structure, or other approved method. rr)vAPRVT,. 01.5 /CS -1- ENGINEERING DEPARTMENT 5. The Applicant shall comply with the following requirements OF the City Engineer: a. The Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: a) Avenida Bermudas - Collector, 32 -foot half width b. The Applicant shall be responsible for one-half of the improvement of Calle Cadiz and Avenida Bermudas where said streets are contiguous to the development site. Applicant shall post security equivalent to the estimated cost of said future improvement until the funds are needed for construction. The City will construct the street improvements along with other improvements in the immediate vicinity prior to December 31, 1996. C. Applicant shall improve the drainage Swale located on the Avenida Bermudas frontage of the site to cause the storm water flow to drain easterly in the alley that bounds the north side of the site. d. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 6. The following modifications shall be made to the parking layout: The alley parking areas shall be reconstructed in the future to accommodate a future 60- degree angle parking, oriented to east -to -west travel. Inters■ 90- degree striping and paving is acceptable until such time as the alley is closed to two -way traffic. An appropriate performance guarantee, acceptable to the City, shall be required to assure future conversion of the parking area. UTILITIES 7. The Applicant shall comply with the requirements of the Coachella Valley Water District. B. The Applicant shall comply with the following requirements of the Fire Department: a. Provide or show there exists a water system capable of delivering 1750 gpm for a 2 hour duration at 20 psi residual. operating pressure which must be available before any combustible material is placed on the job site. b. The required fire flow shall be available from Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/2 ") located not less than 25' nor more than 165' from any portion of the building(s) as measured along approved vehicular travelways. C. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. d. Install portable fire extinguishers per NFPA', Pamphlet f10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. e. Install a Fire Alarm System per MlGPA 71 that provides for valve supervision and 24 hour monitoring of the waterflow alarm at the automatic fire sprinkler system. Audible devices shall be placed as required for the waterflow alarm to be heard at any point in the building at a minimum of 10 db above the ambient noise level. f. Approved building address shall be placed in such a position as to be plainly visible and legible from the street. Said numbers shall contrast with their background. g. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 9. Trash enclosure shall be gated -and enclosed by a six - foot -high wall of the same construction and color as the commercial building. 10. Provide shading of the ally parking spaces by canopy trees. This may be bonded for until the alley becomes one -way. 11. The applicant /owner shall build 13 parking spaces on City owned property subject to City Approval. Failure to receive City approval- for the construction of 13 spaces the applicant /owner shall pay parking mitigation fees for 8 parking spaces as provided in the Off Street Parking chapter of the La Quinta Municipal Code subject to Zoning Text Amendment 91 -018 adoption. 12. The eastern elevation shall be modified to include the same window shutters as the rest of the building. 13. The Applicant /Owner is responsible for providing 23 parking spaces for this office building. Future non - office uses may require more parking. Also, the reconstruction of the alley's circulation and the applicants parking redesign may require more parking spaces. The Applicant is responsible for this future parking space loss. This shall be noted in the parking agreement. 14. The earlier building elevation window shall have the same shutter treatment as the rest of the building. CONAPRVL.015 /CS -4- u > 4 MEMORANDUM OF TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JUNE 11, 1991 SUBJECT: CITY ATTORNEY RESPONSE In discussing the proposed amendment to the Parking District you asked that I contact the City Attorney with the following question: "Can assessment fees be limited to a specific account which is spent only for parking in the Village or within close proximity to the Village." The City Attorney has advised me that the money collected would be placed within a special Parking Account. The funds therefore can only be used to build parking spaces within the Village. The Zoning Ordinance Amendment only applies to property within the Village. This provision is not permitted throughout the City. As you discuss further an alternate condition may be attached which would require the applicant to construct parking on City owned property. The only parking that we could require to be constructed would be the 13 deficient parking spaces. The City would have to work out the details to allow this to happen. The City currently does not have a policy on when and if properties we have bought downtown will be used for parking. We have started the process for the creation of a downtown parking district which will hopefully resolve all of our concerns regarding development of downtown and parking. MEMOSS.097 MEMORANDUM CITY OF LA QUINTA TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: THE PLANNING AN DEVELOPMENT DEPARTMENT 41S V, SUBJECT: PLOT PLAN A_WQ_R_ A_;_99- ND WARREN elefRiSON- CL DATE: , BACKGROUND hiA- The above - referenced items were continued on July 14, 1987, pending a response from the City Attorney. The City Attorney was informed of the following Commission consensus: 1. The Planning Commission did not want to grant a special privilege or set a precedence; and 2. The Commission is considering requiring a cash mitigation payment equal to the actual cost of providing the delinquent parking spaces plus 20 percent for inflation, and /or requiring.an agreement to participate in a future assessment district or other City- sponsored arrangement to provide parking. The Attorney's response affirms the City's authority to implement both options. XMXT.VCTC 1. The number of parking spaces required for the Applicant's development is 13; of this number, the Applicant proposes to provide nine on -site and the other four off - site, on a temporary MR /MEMOPC.006 basis. The potential revision will require the reduction of Therefore, the project is five a reduction of 38 percent. to traffic movement in the one on -site parking space. parking spaces short, which 2. An outright approval of the variance could be construed as granting a special privilege to the property owner. 3. A parking district, if it existed provided relief to the property of guarantee that a district will be area. 4. The Applicant proposes to develop north side of the alley and lease spaces are only temporary. alley equals before the request, could have aner. However, there is no created in the future for this eight parking spaces along the four. These four parking 5.. Because of the temporary nature of the proposed off -site parking spaces and the uncertainty of a parking district being created in the-area of the Applicant's property, up -front mitigation payment appears to be the best solution. 6. If a parking district were presently in place, it would more than likely be set up to allow a prospective developer to "buy into the district" by means of a cash payment towards the creation of public parking improvements. Attached is a draft agreement permitting the Applicant to make mitigation payments for parking spaces, as one option for Commission review. The Commission may.also choose to continue the request and direct the Applicant to balance building floor area with available onsite parking. RECOMMENDATION Adopt Planning Commission Resolution No. 87 -008 granting Variance No. 87 -004, and approve by Minute Motion Plot Plan No. 87 -381, subject to attached conditions; and that a Negative Declaration be filed in conjunction with this project. attachments: Mitigation Agreement Revised Variance Conditions Planning Commission Resolution Granting Variance Plot Plan Conditions MR /MEMOPC.006 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 April 29, 1991 Mr. Benjamin Urmstrom, A.I.A.. P. O. Box 1566 Rancho Mirage, CA 92270 SUBJECT: DEVELOPMENT REVIEW MEETING Dear Mr. Urmstrom : This letter is to inform you that your project has been scheduled for Development Review on May 2, 1991, at 2: 00 P.M. in the Conference Room, next to the Council Chambers. The purpose of this meeting is to review the various comments received from the different agencies. Should you have any questions concerning the above, please contact my office. Very truly yours, JERR HERMAN Planning & Development Director JH : bja LTRJH.094 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 i Z I�G# 4 4 a" __ 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 FROM: PLANNING & DEVELOPMENT DIVISION DATE: --,"City Manager Waste Management v Principal Public Works /Engineering General Telephone Planner(s) Fire Marshal Palmer Cable Vision '� Associate `Building & Safety Sunline Transit lanner(s) 'Chamber of Commerce Caltrans (District II) Assistant ;7'-CVWD Agricultural Commission Planner Imperial Irrigation City of Indian Wells Planning k--'Southern California Gas City,of Indio Director Desert Sands School Dist. US Postal Service Coachella Valley School Dist. Riverside County: CV Archaeological Society Planning Department Property Environmental Health Owner's Association Sheriff's Department LA QUINTA CASE NO(S) PROJECT DESCRIPTION: PROJECT LOCATION: S 3 7 y ae l S The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and /or services; 2. Recommended conditions: a) that you or your agency believe would miti- gate any potential.adverse effects; b) or should apply to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by �/"� / C�? 9 9/ and return the maps /plans if not needed for your fliles. You &re invited to attend the DEVELOPMENT REVIEW COMMITTEE meeting at La Quinta City Hall scheduled for: Date: � Time: - -o Contact Person: cJe 7r y 4,0rW,,a r-_ Title: w7 b i r-1 Comments made by: Title: Date: Phone: Agency /Division MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 PROJECT DESCRIPTION CITY CASE NO.: LOCATION: S/— 370 F�VC &rmc`-45 PROPOSAL CONSIDERED: NET ACREAGE: NET DENSITY: GENERAL PLAN LAND USE PLAN: A)m Av /P EXISTING ZONING: 'S ADDITIONAL G �y r�� ,�,�� ,_,(,�✓ COMMENTS: ✓ ` /` CITY OF LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT BJ /PCJDSC.001 I 78 -105 CALLS ESTADO — LA OUINTA, CALIFORNIA 92253 - (619) 5642246 FAX (619) 5645617 FROM: PLANNING & DEVELOPMENT DIVISION DATE: -,"City Manager Waste Management ` Principal 7p ublic Works /Engineering 7General Telephone Planner(s) 7Fire Marshal Palmer Cable Vision '� Associate 77Building & Safety Sunline Transit lanner(s) '--Chamber of Commerce Caltrans (District II) Assistant 7CVWD Agricultural Commission Planner Imperial Irrigation City of Indian Wells Planning Southern California Gas City of Indio Director Desert Sands School Dist. US Postal Service Coachella Valley School Dist. Riverside County: CV Archaeological Society Planning Department Property Environmental Health Owner's Association Sheriff's Department LA QUINTA CASE NO(S) : Pp 1 / `Vse C C—/Jv 6//-/ PROJECT DESCRIPTION: M f� QQ �� PROJECT LOCATION: SI ` 3;)o Ave �P /� S LANG' & DEUEEOPMFNT 0FF, The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and /or services; 2. Recommended conditions: a) that you or your agency believe would miti- gate any potential adverse effects,; b) or should apply to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsible, and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by rd l0 / / and return the maps /plans if not needed for your files. You Are invited to attend the DEVELOPMENT REVIEW COMMITTEE meeting at La Quinta City Hall scheduled for: Date: ��/ �% �� 9g� Time:_ 4Z;2L , Contact Person: -.e rr j �krrAa r- Title: 17 b,r- S Tr, CH cb AP R Comments made by: '% Title: C 1 j 1990 Date:c/ y' Phone: Agency /Division A QU/NZA MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ill. vt l 78 -105 CALLE ESTADO — LA OUINTA, CALIFORNIA 92253 - (619) 6642246 FAX (619) 6645617 FROM: PLANNING & DEVELOPMENT DIVISION DATE: --'City Manager Waste Management v Principal Public Works /Engineering General Telephone Planner(s) Fire Marshal Palmer Cable Vision `� Associate `Building & Safety Sunline Transit lanner(s)( ,--chamber of Commerce Caltrans (District II) Assistant CVWD Agricultural Commission Planner Imperial Irrigation City of Indian Wells Planning Southern California Gas City of Indio Director Desert Sands School Dist. US Postal Service Coachella Valley School Dist. Riverside County: CV Archaeological Society Planning Department Property Environmental Health Owner's Association Sheriff's Department LA QUINTA CASE NO (S) : P0� / / ' PROJECT DESCRIPTION: PROJECT LOCATION: S 3 7 D /�'t/ a �Prr� S The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and /or services; 2. Recommended conditions: a) that you or your agency believe would miti- gate any potential adverse effects; b) or should apply to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by re/ c9 9 9/ and return the maps /plans if not needed for your f les. You Are in ited to attend the DEVELOPMENT REVIEW COMMITTEE meeting at La Quinta City Hall scheduled for: Date:— i 9 g Time: oZ� Contact Person: Title; (7 bill-, Comments made by: �, Title: Date: l Zl"-191 Phone: ZC �i/, Z� �' Agency /Division MAILING ADDRESS - P.O. BOX 1504 • LA OUINTA, CALIFORNIA 92253 U �� 1 PROJECT DESCRIPTION CITY CASE NO.: P/-/-, taA'' LOCATION: 370 P-Iff- �P�"r+'�u s PROPOSAL CONSIDERED: ` NET ACREAGE: Nh} NET DENSITY: GENERAL PLAN LAND USE PLAN: EXISTING ZONING:% ADDITIONAL COMMENTS: CITY OF LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT BJ /PCJDSC.001 1 78 -105 CALLS ESTADO — LA QUINTA, CAUFORNIA 92253 - (619) 5642246 FAX (619) 5645617 FROM: PLANNING & DEVELOPMENT DIVISION DATE: -'City Waste Management v Principal ublic Works /Engineering General Telephone Planner(s) Fire Marshal Palmer Cable Vision '� Associate tiBuilding & Safety Sunline Transit. Blanner(s) Chamber of Commerce Caltrans (District II) /Assistant _7"CVWD Agricultural Commission Planner "Imperial Irrigation City of Indian Wells Planning Southern California Gas City of Indio Director Desert Sands School Dist. US Postal Service Coachella Valley School Dist. Riverside County: CV Archaeological Society Planning Department Property Environmental Health owner's Association Sheriff's Department LA QUINTA CASE NO(S) PROJECT DESCRIPTION: PROJECT LOCATION: -.5-/ — 3 7 o &Q &"-M" ,S The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and /or services; 2. Recommended conditions: a) that you or your agency believe would miti- gate any potential.adverse effects; b) or should apply to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by / r'�/ C9 , 9 9/ and return the maps /plans if not needed for your f les. You &re in iteI to attend the DEVELOPMENT REVIEW COMMITTEE meeting at La Quinta City Hall scheduled for: Date: ��/ �% a i l 9g� Time: Contact Person: r rv+1a .--- Title: F4 a CD31!_ 441) � lam` APR 15 1991 Comments made by: C5A71C-, Title: ^RTIV C%� ) A WINTA e Date: Phone: Agency /Division °IAPIN�NG & DEVElAP�`N� DEPT" MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 i PROJECT DESCRIPTION CITY CASE NO.:/ LOCATION: S/- 3 70 )9-df- j6 Prmu S PROPOSAL CONSIDERED: NET ACREAGE: NET DENSITY: GENERAL PLAN LAND USE PLAN: N /W iJ /fi- EXISTING ZONING: (� 'S ADDITIONAL COMMENTS: ✓ BJ /PCJDSC.001 CITY OF LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT i ro.,�. 78 -105 CALLE ESTADO — LA OUINTA, CALIFORNIA 92253 - (619) 5642246 FAX (619) 5645617 FROM: PLANNING & DEVELOPMENT DIVISION DATE: ---City Manager Waste Management v Principal �ublic Works /Engineering General Telephone Planner(s) Fire Marshal Palmer Cable Vision '� Associate /Building & Safety Sunline Transit �lanner(s) 'Chamber of Commerce Caltrans (District II) Assistant I-"CVWD Agricultural Commission Planner Imperial Irrigation City of Indian Wells Planning Southern California Gas City of Indio Director Desert Sands School Dist. US Postal Service Coachella Valley School Dist. Riverside County: CV Archaeological Society Planning Department Property Environmental Health Owner's Association Sheriff's Department LA QUINTA CASE NO (S) : I' t"71 PROJECT DESCRIPTION: cxid *-iq7 PROJECT LOCATION: S l` 3? O ae 5 The City of La Quinta,Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and /or services; 2. Recommended conditions: a) that you or your agency believe would miti- gate any potential adverse effects; b) or should apply to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts effects on the environment which cannot please recommend the scope and focus of may be helpful. Please send your response by rid maps /plans if not needed for your f les. DEVELOPMENT REVIEW COMMITTEE meeting at La will have significant adverse be avoided through conditions, additional study(ies) which and return the You Are in ited to attend the Quints City Hall scheduled for: Date:— � 9g� Time: oZ ems% Contact Person: Title: r'- e99b &fv Carouvbl 2 j I��vi lJL] O� I��.Gt/}� N G& S6 Comments made by:iti1� �j�lllx Title: Date: Phone: Agency /Division MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 il�'l r PROJECT DESCRIPTION CITY CASE NO.: o,-- f�9�-� LOCATION: S/- 320 qve- PROPOSAL CONSIDERED: NET ACREAGE: NET DENSITY: GENERAL PLAN LAND USE PLAN: N m �v /fi- EXISTING ZONING: ADDITIONAL COMMENTS: BJ /PCJDSC.001 CITY OF LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT 78 -106 CALLE ESTADO — LA OUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 FROM: PLANNING & DEVELOPMENT DIVISION DATE: --"City Manager Waste Management ` Principal ublic Works /Engineering General Telephone Planner(s) Fire Marshal Palmer Cable Vision '__� Associate YBuilding & Safety Sunline Transit Planner(s) "Chamber of Commerce Caltrans (District II) /Assistant -77"CVWD Agricultural Commission Planner °Imperial Irrigation City of Indian Wells Planning lSouthern California Gas City of Indio Director 7Desert Sands School Dist. US Postal Service Coachella Valley School Dist. Riverside County:, CV Archaeological Society Planning Department Property Environmental Health Owner's Association Sheriff's Department LA QUINTA CASE NO(S) : S PROJECT DESCRIPTION: PROJECT LOCATION: The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA)'for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and /or services; 2. Recommended conditions: a) that you or your agency believe would miti- gate any potential.adverse effects; b) or should apply to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Q Please send your response by ri� C;? / 7 % and return the maps /plans if not needed for your f les. You &re in ited to attend the DEVELOPMENT REVIEW COMMITTEE meeting at La Quinta City Hall scheduled for: Date • Time: oZ ,per% l7 Contact Person: r'ry 14Vrvo,a r._ Title: Comments made by: cCel=A l::7u "r�i S Title: ,QP "t— Date: Phone: Agency /Division MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 9225 PROJECT DESCRIPTION CITY CASE NO.:/�� LOCATION: ��31I7770 Est CXC��I n � riy �- PROPOSAL CONSIDERED: ` Ci4101-41 NET ACREAGE: NET DENSITY: GENERAL PLAN LAND USE PLAN: EXISTING ZONING: (/- ci -S ADDITIONAL A COMMENTS: CITY OF LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT BJ /PCJDSC.001 BENJAMIN P. URMSTON / AIA / AND ASSOCIATES P. O. Box 1566 / Rancho Mirage, CA 92270 / (619) 3454366 To: The Honorable Chairman and Members of the Planning Commission From: Robert A. Barnes By Benjamin P. Urmston, A.I.A. Architect Subject: Proposed Modification of Existing "Revised Sign Program for Warren Johnson Office Building" (Plaza de la Fuente, 51 -370 Avenida Bermudas) Date: April 2, 1991 Proposal: The new owner, Mr. Robert A. Barnes, working together with his present tenants, has the following three changes to request in the above subject sign program. 1. Suite 1, pp. 6 a. Increase the, size of the sign from 12" x 24" to 24" x 36 ". Color and material to remain as described on pp. 6. b. Relocate the sign from above the door to around the corner of the building on the curved S.W. face between the win - dows. (See Exhibits A and B attached.) 2. Suite 2, pp. 4 a. Relocate the sign from the south patio wall to the right of the entry to south wall of the building between the two win- dows to the left of the entry. (See Exhibits C and D attached.) Thank you for your attention in this matter. Yenjamin . Urmston, A.I.A. For Robert A. Barnes Attachments: Exhibits A,B,C,D CF � y+ uN r R Y� J I v V � 4F ^IfM C1 \r 9, A a% Dear Developer /Landscaper: OFFICE OF AGRICULTURAL COMMISSIONER AND. . WEIGHTS & MEASURES 4080 LEMON STREET, ROOM 19 RIVERSIDE, CALIFORNIA 92501 (714) 787.2561 i�irt G�21•lsl��. fib° //1ov.�t.. E. LEON SPAUGY COMMISSIONER JAMES 0. WALLACE ASSISTANT COMMISSIONER CLEMENT BENVENISTE SEALER W ' MAR 2.9 IV" +CIT% Ur Ln quNTA PLANNING & DEVELOPMENT DEPT. Prior to delivery to the Coachella Valley, the following plants /landscaping material should be "free from" the insects /diseases listed. Plants, landscaping material, appliances, insects and diseases, other than those listed, are also applicable to quar- antine laws and regulations. Citrus Nursery Stock /Citrus Plants; free fran Red, Yellow, and Purple Scale, Tristeza Complex, Woolly Whitefly , and Comstock Mealybug. Euonymus species; free from Red, Yellow, and Purple Scale and Comstock Mealybug. Grape (Vinifera); insects and diseases. Olive trees; Olive knot and Red, Yellow, and Purple Scale. XPalm. trees, genus Phoenix; Prohibited. Psidium (Guava); Woolly Whitefly. Please contact Agricultural Commissioner's Office. Soil, plants and landscaping material with roots contaminated with Ozonium Root Rot; Prohibited. Please contact Agricultural Commissioner's Office. Hydrilla, viable forms and appliances associated with; Prohibited. Please contact Agricultural Commissioner's Office. Certain plants /landscaping material from Tulare County and portions of Kern County; Pro- hibited. Please contact Agricultural Commissioner's Office. Your cooperation is greatly appreciated. If you have any questions on laws and regulations governing the Coachella Valley, please do not hesitate to call our office. The telephone number for our district office in the Coachella Valley is (619) 342 -8291. Yours truly, En Spaugy Agricultural Commissioner ELS /j•h - 7/15/87 1. -� � r, � - � 'ao y' 11\ 4 TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PLANNING & DEVELOPMENT DEPARTMENT FEBRUARY 19, 1991 PRELIMINARY REVIEW AND DISCUSSION OF PROPOSED MODIFICATION TO OFFICE BUILDING AT THE NORTHEAST CORNER OF CALLE CADIZ AND AVENIDA BERMUDAS The Planning Commission reviewed the proposal of the Applicant and provided comments which are attached. The major concern of the Commissioners was future construction of the Village without providing adequate parking. MEMWH. 056 151St 9i ,:� �' . �A,j ,��;� cry �z�-�, -� �� Planning Commission Minutes 2/12/91 VII. OTHER A. Preliminary review and discussion of proposed modification to office building at northeast corner of Calle Cadiz and Avenida Bermudas. PCMINI -22 1. Planning Director Jerry Herman presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ladner inquired if Staff knew what the ratio of parking spaces for the new addition would be. Planning Director Jerry Herman stated that when the present building was approved, the Applicant was required to pay in -lieu of parking fees because there were not enough parking spaces provided. Commissioner Ladner asked Staff to explain the fee in -lieu process. Planning Director Jerry Herman explained the process for the Commissioners and further stated that at present the City had granted two variances for fee in -lieu of parking. Commissioner Ladner expressed her concern of establishing a precident for future developers and eventually not having enough parking for the downtown area. 3. Commissioner Dowd stated her concern about parking spaces being provided without depending on future City parking lots. 4. Commissioner Barrows asked Staff to identify where the City owns lots close to the Applicant's property. Planning Director Jerry Herman stated the City ownes the property the Chamber of Commerce was located on as well as the two lots immediately to the west. 5. Commissioner Mosher agreed with the Commissioners regarding the need for parking and inquired how far the City parking lots would be from the project. Planning Director Jerry Herman stated that the City owns lots directly across the street from the project. 6. Commissioner Ladner asked if Staff was keeping tract of how many spaces they will need to supply. Planning Director Jerry Herman stated that at present only the variance granted for this project is active and yet Staff is keeping tract. 7. Mr. Ben Urmstrom, architect for the owners, addressed the Commission and explained the proposed project. He further stated that the issue of parking was of great importance to the owners and they were considering alternatives such as paying the City to have parking lot constructed while the project expansion was being constructed. .� / Y t V . r fi PCMINI -22 8. Chairperson Steding asked if the property to the east was a residence. It was stated that it was. She was concerned with having a commercial building of two stories next door to a residential dwelling. She also inquired about how many on -site parking spaces were provided at present. 9. Commissioner Barrows asked Staff how many parking spaces would be provided when and if a City parking lot was constructed on the lots across Avenida Bermudas. Planning Director Jerry Herman stated there should be approximately 60 spaces. 10. Commissioner Ladner inquired if Staff had a percentage figure they would not allow the Applicant to go beyond. Planning Director Jerry Herman stated the City did not determine parking spaces according to percentages. 11. Commissioner Dowd and Commissioner Mosher both stated that they were not in objection to the building but felt the Applicant should address providing on -site parking or some alternative, to be sure parking was provided at the completion of the building modification. 12. Chairperson Steding concurred with the Commissioners and further stated that the signage should be made a part of the Applicants application at the time of submittal. She thanked the Applicant for his time and hope they had expressed their concerns to him. ..Y �. OTHER TO: HONORARBLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSHION FROM: POGO &DEVELOPMENT DEPARTMENT DATE: FEBRUARRY 12, 1991 SUBJECT: PRELIWNNARY REVIEW AND DISCUSSION OF PROPOSED MODMCAATION TO OFFICE BUILDING AT THE NORTHEAST CORNER OF C -AJL=- CADIZ AND BERMUDAS Attached for your preeliminary review and comment is a revised site plan and elevations for the Ykarr�en Johnson building. The issues you need to consider are: 1. The expansion ozof the building is proposed without adequate onsite parking. 2. A future Vaxammce would have to be granted to permit in -lieu payments for parking spar--s c -or, actual construction of parking spaces on City property. A decision cannot bL- � made, but your comments would be appreciated by the Applicant for his ccnsisideration. The Applicant wiB le rpresent to answer any questions you may have. MEMOJH.055 ` J. I �� {� ,!� �ti::i` BENJAMIN P. URMSTON / AIA / AND ASSOCIATES P.O. BOX 1566 / RANCH MIRAGE, CA 92270 / (619) 345 -4366 To: The Honorable Chairman and Members of the Planning Commission From: Robert A. Barnes By Benjamin P. Urmston, A.I.A. Architect Subject: Proposed Modification to: The Calle Cadiz Office Building, N.E. Corner Cadiz and Bermudas Lot 1, Block 7, M.B. 19/75 Desert Club Tract/Unit No. 1 Date: February 12,1991 Proposal: The new prospective owners of the building look forward to working with the City to accomplish the following: 1. To make the building an economically feasible product we propose the addition of 2,634 sq. ft. of lease space bringing the total for the building up to 5,333 sq. ft. 2. The addition of an elevator at the present location of the stairs and the addition of two more stairway exits to comply with codes. 3. The addition of mens and womens toilet rooms on the second floor at the present location of the resident manager's living unit. 4. The installation of an automatic fire sprinkler system throughout the building. 5. The connection of building to the City Sewer System located in Calle Cadiz. 6. The increase of the total parking spaces to twenty -one by adding six more off site in the lot by the Chamber of Commerce Building or particiation in a future parking assement distict. 7. Finally, we may also request consideration of the modification of the the existing signage agreement. Thank you for your attention in this matter. Benjamin P. Urmston, A.I.A. For Robert A. Barnes Attachments: 1. Scale Site Plan 2,3. Scale Exterior Elevations r L CONDITIONS OF APPROVAL PLOT PLAN NO. 87 -381 BENJAMIN URMSTON, APPLICANT AUGUST 25, 1987 GENERAL 1. The development of the project site shall comply in concept with all approved exhibits as contained in the Planning Department's file for Plot Plan No. 87 -381 and the following conditions, which conditions shall take precedence in the event of any conflict with thepe exhibits. 2. Plot Plan No. 87 -381 shall comply with Conditions of Approval for Variance Case No. 87 -004, where said conditions apply. 3. This approval shall be used within one (1) year after the date of approval by the Planning Commission unless approved for an extension, as provided in the La Quinta Municipal Code; otherwise, it shall become null and void and of no effect whatsoever. The term "use" shall mean the beginning of substantial construction of the office building, which construction.must thereafter be diligently pursued to completion. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the Applicant shall first obtain permits and /or clearances from the following agencies: • City Engineer • City Fire Marshal • City Planning and Development Department, Planning Division • Riverside County Environmental Health Department • Coachella Valley Water District 0 Imperial Irrigation District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 5. This plot plan approval shall not take effect and no building permits shall be issued hereunder until and unless Change of Zone No. 87 -025 and Variance Case No. 87 -004 are approved and become effective. This plot plan approval shall be subject to all of the terms and conditions of Variance Case No. 87 -004, as if herein set forth. LAND USE AND BUILDING DESIGN 6. All roof - mounted equipment shall be adequately screened by the roof structure, or other approved method. o MR /CONAPRVL.011 1 ft N J STREETS, CIRCULATION, PARKING AND GRADING 7. The Applicant shall comply with the following requirements of the City Engineer. These conditions contemplate new development standards, which will be established in the future with the Village at La Quinta Specific Plan. a. The Applicant shall dedicate, via irrevocable offer of dedication per the current City standards, all necessary public street and utility easements as required by the City Engineer, including a 44' half- street for Avenida Bermudas, and 30' half- street width for Calle Cadiz. These dedications will not be accepted /rejected or modified until the Village at La Quinta Specific Plan is adopted. b. The Applicant shall construct street improvements for one -half street width for Avenida Bermudas, Calle Cadiz, and the full width alley, including any median island reconfiguration, to the requirements of the City Engineer and the La Quinta Municipal Code. Said construction to be done upon resolution of the Village at La Quinta Specific Plan development standards. C. Drainage disposal facilities shall be provided as required by the City Engineer. d. The Applicant acknowledges that the City is considering a City -wide Landscape and Lighting District, and agrees to be included in the District. Any assessments will be done on a benefit basis as required by law. 8. Existing walls or other structures and permanent improvements located within the dedicated street rights -of -way, as required by this approval, shall be removed at the Applicant's expense at such time as public street improvements are required. 9. The following modifications shall be made to the parking layout: a. The alley parking areas shall be designed to accommodate a future 60- degree angle design, oriented to east -to -west travel. Interim 90- degree striping and paving is acceptable until such time as the alley is closed to two -way traffic. An appropriate performance guarantee, acceptable to the City, shall be required to assure future conversion of the parking area. b. Design of the parking layout shall substantially conform with these conditions and as illustrated in Attachment #2 of the Staff Report for Plot Plan No. 87 -381. MR /CONAPRVL.011 2 ft N 10. The required handicap space shall be relocated to space #9, as shown on Attachment #2. Space #1 shall be moved east to allow five feet between the dedicated right -of -way line and space #1, and the alley access to spaces 7 - 9 shall be increased to 24 feet. 11. The sidewalk connections to the existing public right -of -way are to be deleted. They may be submitted for review with street improvement plans upon completion of the Village at La Quinta Specific Plan. PUBLIC SERVICES AND UTILITIES 12. The Applicant shall comply with the requirements of the Coachella Valley Water District. When there are identified conflicts, the City will withhold the issuance of any building permit until arrangements have been made with the District for the relocation of these facilities. 13. Location and design of any interim septic system shall be subject to the standards and requirements of the Riverside County Health Department. The system shall be designed to allow ultimate hookup to permanent sewer lines. 14. Trash enclosure shall be gated and enclosed by a six - foot -high wall of the same construction and color as the commercial building. Location and construction of the enclosure shall conform to requirements of Palm Desert Disposal Company and the Planning and Development Department. 15. Prior to the issuance of building permits, the revised parking and landscape plans must be submitted to the Planning Commission for review and approval. At a minimum, the landscape plan shall enhance the existing landscape, provide canopy shade trees and conform with the Village at La Quinta Specific Plan. MISCELLANEOUS 16. Prior to submission of any plans for building permit issuance, the Applicant shall secure written approval of the landscaping plan from the Riverside County Agricultural Commissioner's Office relative to the appropriate inspection for pest control.. At a minimum, the plans shall provide the contractor's name, address, and phone number, and the place of origin of all planting materials. 17. The approved landscaping and improvements shall be installed prior to the issuance of a Certificate of Occupancy. The landscaping shall be maintained in a healthy and viable condition for the life of the project. 18. Prior to submission of plans for building permit issuance, the Applicant shall provide revised architectural elevations detailing sun protection for south and west facing windows, to be reviewed and approved by the Planning and Development Department, Planning Division. MR /CONAPRVL.011 3 ft N CONDITIONS OF APPROVAL (DRAFT /RECOMMENDED) EXHIBIT A VAR 87 -004 AUGUST 25, 1987 1. Prior to the issuance of a building permit, the Property Owner must enter into an agreement to provide: a) 13 permanent parking spaces as required by the La Quinta Municipal Code; or, b) pay a cash mitigation payment in the amount of $20,250 for the construction of five permanent paved parking spaces. A payment schedule may be established, provided the period does not exceed two years. The money collected may be released to a City- created parking district, or, the money collected may be used in the furtherance of general parking improvements in the Village Commercial area, at the option of the City; and, further, any financial obligation issued against said property will be reduced accordingly to the amount of mitigation money paid at the time. 2. This Variance approval must be used within one year after the date of approval by the La Quinta Planning Commission unless approved for an extension, as provided in the La Quinta Municipal Code. No extension shall be granted unless Plot Plan 87 -381 is also extended. The term "use" shall mean the beginning of substantial construction of the office building, which construction must thereafter be diligently pursued to completion. 3. Variance Case No. 87 -004 shall not-be effective until and unless CZ 87 -025 and Plot Plan 87 -381 are approved. 4. The existing wall and oleanders along the eastern property line shall remain until the adjacent property to the east is rezoned to commercial. 5. Any offsite parking contemplated is satisfaction of Condition 1, above, shall secure City approval through the plot plan review process. MR /CONAPRVL.005 1 25 -29 -/ 769-10 . /"= "Ol n/ /6 r C. A. 020 - 016 THIS MdP 15 FCP 020-03-3 S 2 NW 4 SW 4 SEC. 6 T. 65. R. 7E AS5ES5WvT PuPPOSFS 04tr 4 io iI CALLS / C) W zs zs 0 C a �J� e, c. O C�C�E a•.m ..! "ESTADO I ' �'1 FORTUIJA s •' TTiA -.1 010 - 1033 ' • ` , ®10..234c � CALLS 7 9 b l/ /Z e/ ^g 2 3 3 i� 4 :I 5 /0/ 9 /0 If i /2 �0.2ixt 'psi /4 16 °, .33 Act / s• CALLS / C) W zs zs 0 C a �J� e, c. O C�C�E a•.m ..! "ESTADO I ' �'1 FORTUIJA s r, + v / 2 3 4 .. 5 _ v o - O C = G _ - ~ 5 /02 /05 t Cta. goo iae Bo 2 a 5 /O 9 _ 6 _ 7 6 f IQ / 110 Lt a.if •' , ®10..234c � CALLS v 9 b l/ /Z 0 O C � © O /9 r, + v / 2 3 4 .. 5 _ v o - O C = G _ - ~ 5 /02 /05 t Cta. goo iae Bo 2 a 5 /O 9 _ 6 _ 7 6 f IQ / 110 Lt a.if / \ I 2 -I 3 4 5 6 7 - 50 G C W C C 5 G LG sae .o° zs I zs JA It I OLD ALL .'f1 AY. J z /sD Irot -e.f rs B °o m 3 /97 1 11-1z - MB. /9/75 Deserl Club Trccl Unil No. / rra roa7 7 O r CALLE CADIZ T // � O 06 097A : .,e/.G. IQ . O!7 Y£RG. el • 0.1 ASSE3"OrS A"P AW 769 PIS. /O RnSRSW COW", GALA O CALLS v CAD /Z °, �1 �I /03 6 5 4 / \ I 2 -I 3 4 5 6 7 - 50 G C W C C 5 G LG sae .o° zs I zs JA It I OLD ALL .'f1 AY. J z /sD Irot -e.f rs B °o m 3 /97 1 11-1z - MB. /9/75 Deserl Club Trccl Unil No. / rra roa7 7 O r CALLE CADIZ T // � O 06 097A : .,e/.G. IQ . O!7 Y£RG. el • 0.1 ASSE3"OrS A"P AW 769 PIS. /O RnSRSW COW", GALA 25-29-1 769-15 T.R. A. 020 - 016 SW 4 SW 4 SEC. 6 T. 6S. R. 7E. Lot C Lot D O "1.21 °d, �k iS1. 11 // fit !)19103 2 R � 1 JSf� /or_,SJ1 M/ 8 0.350 AC t 8 D 3 xs.al ._6 2 154 Lot 2 O 6.66,4C. Lot A 392.29 su.nr- f o � .`z -/. BERMUDAS AVEN /DA i, a h T M.B. 19175 Desert Ckfb Tn7cl Unit Alb. / MR. 145155 - 56 Tract No. 19203 FEB. 1967 BK. 60'RC per rust 77/ J2692 4/59 If• OIX 5 0.48fAC. �i Q ti c� h ASSESSOR'S ,YAP JW 769 PS. 15 RIVERS /OE COMM, CAL/i. r•.�• t �� •.O• /O 0.03AC. � + DESERT CLUB DRI VE o 70 6 O a O 7 .S .Tf ° O 173 ?f I, i.lf oo � G 8 O : QQ� 0 5 0 o e V \ � � fDr. Lot / Q O tt..f 1 rosf .r sf 5.34 AC 9 1 4 O 9 _ O /0 i 3 /0 i 4 _ __ /N4. JT� _ If.. cc li•..4 �� I. `V � m o 0 J J � Sow . n.�� lic .•i. n..f, 12 154 Lot 2 O 6.66,4C. Lot A 392.29 su.nr- f o � .`z -/. BERMUDAS AVEN /DA i, a h T M.B. 19175 Desert Ckfb Tn7cl Unit Alb. / MR. 145155 - 56 Tract No. 19203 FEB. 1967 BK. 60'RC per rust 77/ J2692 4/59 If• OIX 5 0.48fAC. �i Q ti c� h ASSESSOR'S ,YAP JW 769 PS. 15 RIVERS /OE COMM, CAL/i. 25 -58 773 -10 T, C. A.020 -0/6 l "I /00, OA re M(o, o �c, St. Jo 411 Lac -u, l�l JJ jo s -IJ r l/m i 7/" 25. t. 'o. -x 09 POR. S 112 SEC. / T 6S. R. 6E. s..•ss /e'e �ss.� / PJ P • QN Z :12 // /0 0 9q6 O O O •6 0 /0 O / 0 W Q 30 30 • CA L L E 1Gi Santa Co7metito At Vale Lo Ouinto No.14 MB 18182 -8J Octo: 25 -8 -17 25- 8- /8o,b, c - GLO 25 -8- 90 MERG 89 - /J2 MARCH /967 J lH /S MAP IS FOR ASSESSMENT PURPOSES ONLY J S •SB %bE �2�f. +� � 3 P � esoa 24 0 0tE .� QZ — - 024AC� \ \ 2 \ J 22 ® \3 \ i 3 _ _ _ 4 Q5 /AC! r — — Cl) 21 I ' 4 I Q4 P o 20 a 7 / a �'3• V/9 © 6 O ©• /04 / 2 /8 7 r 0 9OJ 170 ® 8 .n..J /4 769 ASSESSOR'S MAP BK- 773 P6. /O RIVERS /DE COUNTY, CALIF src 4 Q y 16 ° Q� /O 4 // 5 15 /O /0 Q Q /04.lZ 9 O ,Q6 14// ° 8 l3 /2 02JAC+ o /2 ^ © /3 7 '� Je.o4 ee4 •! �' 1i HIDALGO _ 163!• J /4 769 ASSESSOR'S MAP BK- 773 P6. /O RIVERS /DE COUNTY, CALIF src i�s1 FAT 10S/ Wry! Ks E-x r 5T I (J G L E:-A s E- 2" n F L re To -r/. l 2 I ci o p�oPos�v ��T lk,R-t--r,SE: 1 41 2 1 0T FL P. 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O C �I CD 1• MP .0 0 ti ,11- NTS PROJECT DESCRIPTION CITY CASE NO.: LOCATION: S/- 3 7d PROPOSAL CONSIDERED: NET ACREAGE: NET DENSITY: GENERAL PLAN LAND USE PLAN: Nm AvIP EXISTING ZONING: Ci -S ADDITIONAL, COMMENTS: /) �i2�" 5�2itiKG�T QE� 02 P�'O�% --E,o .�� r ; s i f�.sZ � y �SF� P--4A.- S) � /�i i,P/rs� v iu.. � f /4 ! �.Po �, f,2� �F2 r j� L �,cJ� „ � U !�� 3 � o � �� • CITY OF LA QUINTA PLANNING AND DEVELOPMENT DEPARTMENT BJ /PCJDSC.001 -1; � & DE-C1` I r7r. s WS "rig p rZ o po -, r--v 4F0 4 cc ExsYZ MGR. u N rr Przo-,-,oSrv; mxrr Ex ;7 Ta to G f2. u P120 T,1 L- LOU N00C 77-,.51 L ET rRor Lima Q 0 W m Q t7 I Z Q rz- I (c V) CALLE ESTADO os _ ALLEY _ O �� • N rz -1° `c CALLS CADIZ i #I = 3c ATTACHMENT .# 1 lW-5*RT: -r0rL k PdrLPOSE OF LOCATINM 'PARKIN Cr 4.,c5r^cES (NOS._1o11112,13, -TO SE1J9EG•.gs Pear or REQUIRED OF-f--16E PARKING,, {linty �r0 L4' PARKING CONFIGURATION WITH ONE -WAY ALLEY N AN ALLEY (ONG y ff oOLA 81.(W ►l I ' 190&At. Oi CAM& ' . N y or it r cuab 6•� ° 0 9rvE'wr�LK : r ,� II =_=- r'rtc�wsev � }►�►t�+vrvTMos gtRMU 4y � '� - - —_ �' _ — _ ATTACHMENT #2 Ft 11,111, 1 ![::, if r. 4K Iiq,, 0 41i F� i� A4 lihji I i,'!ii It I- 101. :i ' +!:�1!(l�•I: a{ I j' � I lji • s +, , rj� jl;{rIii ,' i I+,j' � : l 1 ;, �{{1I •:{ ' f 1I I {1{ ; j1• !1{11;+ I1 !I 1! � '!! r!Ii !{r. r lj{•I� !Ii'lj � { r ' I'jlr { �, i' {, j r l,, lilr�s i;++ {I{h r!j { { l j �ll: ij r r { { i {rrrI i ; , ! I' I r { i'''I{!ljj' !{ ' il liIl' lf t I ' :r l!I(:1{{'l, ,•!r•!'r � j r �.!• j+ !''�r ! I �I ' 1 h � }ry, ! + I' i''r{ {Il ',l fI 1}!j' „ II'{:,.!,' , ' ! : : r ` ,:!!�lI i !i'I I �, .1 ' { {l� 1! {1I' � ! t . I 1I! r r ., '' { 1 1 1 i I{{� + r ! ,:: �;{r j .I 1r� l ! 1i !{{ I1 '{!{ I • I I f I :{ I� I .?I,If f �j!� jr ,i•} :+ Il{1 :{I' !.i t l.j' j , I1l) I' r : ! ' {� r' {. {, I{' ' I ! �' {i { j In{, Hill! -SCA Le 4 JC' 1444 -1 .1 Vj r -1 TIJ !tA %LOh WALL PLANTER Al CC VE-Rev PALM 44 Jo iANCI ATTACHMENT #3 CuR RELOCATED HANDICAPPED PARKING L0 /' /91 CONTINENTAL LAWYERS TITLE COMPANY PAGE 1 PREPARED FOQ REQ'-9TED BY: RV REP: -----^------------------------------------------------------------------------- APQ 769-101-014 SITUSi 78060 CALLE ESTADO LA QUINTA 92253 OWNER: MONROE ROBERT C TR & MARY LEGAL: .35 AC M/L IN LOTS 3, 4 & 5 BLK 10 MB MAIL/ P O BOX 1040;LA QUINTA CA 92253 USQ C1-COMMERCIAL PROPERTY ASO: $592,719 IMP: 82% SALE DATE: 10/00/89 SALE AMT: LOAN AMT: EXEMPT: N BLT: RMS:80 8TH TOT UNITS: LOTSQFT: 15246 SQFT: ------------------------------------------------------------------------------- APN: 769-101-015 SITUS: 51290 AVENIDA BERMUDAS LA QUINTA 92253 OWNER: BANK OF THE DESERT NATL AS LEGAL/ .21 AC M/L IN POR LOT 1 BLK 10 AND LOT MAIL/ P O BOX 1627;LA QUINTA CA 92253 USE/ C1-COMMERCIAL PROPERTY ASD: $525,327 IMP/ 86% SALE DATE: 04/06/87 SALE AMT: $460'000 LOAN AMT: EXEMPT: N BLT: RMS:BD BTH TOT UNITS: LOTSQFT: 9148 SQFT: ------------------------------------------------------------------------------- APN: 769-101-016 SITUS: 78080 CALLE ESTADO LA QUINTA 92253 OWNER' MONROE ROBERT C TR & MARY LEGAL: .35 AC M/L IN LOTS 6, 7 & 8 MB 019/075 MAIL: P O BOX 1040/LA QUINTA CA 92253 USE: C1-COMMERCIAL PROPERTY AGO: $541,118 IMP/ 81% SALE DATE: 10/00/89 SALE AMT: LOAN AMTi EXEMPT: N BLT: RMS:BD BTH TOT UNITS: LOTSQFT: 15246 SQFTi -----^------------------------------------------------------------------------- APN: 769-102-001 SITUS: 78023 CALLE ESTADO LA QUINTA 92253 OWNER: YESSAYIAN MERON TR & ROXIE LEGAL: LOT 1 BLK 9 MB 019/075 DESERT CLUB TR MAIL: P O BOX 1511/LA QUINTA CA 92253 USE: C1-COMMERCIAL PROPERTY ZONE: CP ASD: $36,754 IMP: 86% SALE DATE/ 10/00/85 SALE AMT: LOAN AMT: EXEMPT: N BLT: RMS;8O BTH TOT UNITSi LOTSQFT: SQFT: � -----.--------------------------------------------------------------_---------- � APN: 769-102-002 SITUS: 78023 CALLE ESTADO LA QUINTA 92253 � OWNER: YESSAYIAN MERON TR & ROXIE LEGAL: LOT 2 BLK 9 MB 019/075 DESERT CLUB TR � � MAIL: P O BOX 1511/LA QUINTA CA 92253 � USE: C1-COMMERCIAL PROPERTY ZONE: CPS ASD: $6,068 IMP: 17% � SALE DATE: 10/00/85 SALE AMT: LOAN AMT: EXEMPT: N � BLTi RMS:BD BTH TOT UNITS: LOTSQFT: SQFT: � � ------------------------------------------------------------------------------- � APN: 769-102-003 SITUS: | OWNER: RASMUSSON GLADYS LEGAL: LOT 3 BLK 9 MB 0191075 DESERT CLUB TR � MAIL: 24341 LAS NARAJAS DR;LAGUNA NIGUEL CA 92677 USE: CY-VACANT COMMERCIAL PROPERTY ZONE: CPS ASD� $6 ' 273 IMP: % � � SALE DATE: 06/00/80 SALE AMT: LOAN AMT: EXEMPT: N BLT/ RMS:BD BTH TOT UNITS: LOTSQFT: SQFT: ------------------------------------------------------------------------------- APNi 769-102-004 SITUS: 78039 CALLE ESTADO LA QUINTA 92253 � OWNER/ MUMBIL INC LEGAL: LOT 4 BLK 9 M8 019/075 DESERT CLUB TR MAIL: 1 VISTA DEL GOLFOAONG BEACH CA 90803 USE/ C1-COMMERCIAL PROPERTY ZONE: CP ASD: $180,000 IMP: 72% SALE DATEt 03/30/90 SALE AMT: $144,900 LOAN AMT: $144,900 EXEMPT/ N BLT: RMS:8O BTH TOT UNITS/ LOTSQFT/ SQFT, ------------------------------------------------------------------------------- THE INFORMATION PROVIDED IS DEEMED RELIABLE, BUT IS NOT GUARANTEED COPYRIGHT TRW 1986 PTT W 1 Hid Mn r! ID.... ', ..: ' V 4 "'1 1'•, , , ,@j, &n y .:' `i ( . . o All K0 Wo q i:' ::, {'... ........ . . AV ,"Ii..! 10 j ..... t XnG ... ........ ...... .. _ . .. ...._..._.... . . 24 .. t ..: .W n o t nk., 1 , ...'i' 0!. il`i T ?!.;' 1 0; AM A r.,...,i,; MI vo', 4`i' l;r AT W. t Mal; & .. : t.0 G N Q .. !..1 , . iA .. { 51/00 `.'; MW r,:.; -. . I .00 4C... 1 T40": ..1 :. ..'. ,,., 1 ; {_1 ..j, , .,,, :: i •..� `:I ?' ..... .. .. i ..;, .. U.1 -i' a'1: ::1 ... ... , .::. WU C04,1511 0 R. ~03/30/91 CONTINENTAL LAWYERS TITLE COMPANY PAGE 2 PREPARED FOR: REQ' -9TEO BY: RV REP: ----------------------------' APN: 769-102-005 SITUS, OWNER: CATHWILL PROPERTIE LEGAL: LOT 5 BLK 9 MB 019/075 DESERT CLUB TR MAILi 16962 MARINA SAY OR;HUNTINGTON BEACH, CA 92649 USE: CY-VACANT COMMERCIAL PROPERTY ZONE: CPS ASD: $31,836 IMP: Y. SALE DATE: 03/13/91 SALE AMT: $145,000F LOAN AMT: EXEMPT: N BLT; RMS:BD BTH TOT UNITS: LOTSQFT: SQFT: ------------------------------------------------------------------------------- APN: 769-102-006 SITUS: OWNERi WAMBAUGH JOSEPH A & BEE (C LEGAL/ LOT 6 BLK 9 MB 019/075 DESERT CLUB TR MAILi P O BOX 9881;RANCHO SANTA FE CA 92067 PHONQ 415-752-7335 USE: CY-VACANT COMMERCIAL PROPERTY ZONE: CPS ASP: $31,836 IMP: Y. SALE DATE: 08/00/86 SALE AMT; $60,OOOP LOAN AMT: EXEMPT: N BLT: RMS;BD BTH TOT UNITS: LOTSQFT� SQFT: ------------------------------------------------------------------------------- APN: 769-102-007 SITUS: OWNER: WIGGINS LEE & MILDRED (JT) LEGAL: LOT 7 BLK 9 MB 019/075 DESERT CLUB TR MAIL: 1863 HIGHWAY 20;BURLINGTON WA 98233 PHONE: 206-757-0649 ASE: CY-VACANT COMMERCIAL PROPERTY ZONE: CPS ASD: $34,654 IMP: Y. SALE DATE: 05/00/82 SALE AMT; LOAN AMT: EXEMPT: N BLT: RMS:BD BTH TOT UNITS: LOTSQFT; SQFT: - APN: 769-102-013 SITUS: 51370 AVENIDA BERMUDAS LA QUINTA 92253 OWNER: BARNES ROBERT A LEGAL: LOT 1 8LK 7 MB 019/075 DESERT CLUB TR MAIL: 151 S MICHIGAN ST;SEATTLE, WA 98108 USE: C1-COMMERCIAL PROPERTY ZONE: R1 AS& $244,325 IMP: 83% SALE DATE: 02/13/91 SALE AMT: $450,OOOF LOAN AMT: $360,000 EXEMPT: N BLT: RMS:BO BTH TOT UNITS: LOTSQFT: 211266 SQFT: APN: 769-102-014 SITUS: 78030 CALLE CADIZ LA QUINTA 92253 OWNER: FISHER GEORGE E & ROSE QT LEGAL: LOT 2 BLK 7 MB 019/075 DESERT CLUB TR MAIL: P O BOX 67;LA QUINTA CA 92253 USE: R1-SINGLE FAMILY RESIDENCE ZONE: R1 ASD: $88,433 IMP: 78% SALE DATE/ 05/00/88 SALE AMT: LOAN AMT: EXEMPT: N BLT; ------------------------------------------------------------------------------- 80 RMS:BD 3 BTH 1+1 TOT UNITS: LOTSQFT: 12197 SQFT: 1702 APN: 769-102-015 SITUS: 78050 CALLE CADIZ PALM DESERT 92260 OWNER: PROCKO ROBERT W & NANCY G LEGAL/ LOT 3 BLK 7 MB 019/075 DESERT CLUB TR MAIL: P O BOX 186;LA QUINTA CA 92253 USE: R1-SINGLE FAMILY RESIDENCE ZONE/ R1 ASD: $58,779 IMP: 92% SALE DATE: 07/00/76 SALE AMT: $35,000 LOAN AMT: EXEMPT/ H BLT: 59 RMjQD 5 BTH 2 TOT UNITS: LOTSQFT; 12197 SQFT: 2400 ------------------------------------------------------------------------------- APN: 769-102-016 SITUS: 78070 CALLE CADIZ LA QUINTA 92253 OWNER: JOYCECO SVCS INC LEGAL: LOT 4 BLK 7 MB 019/075 DESERT CLUB TR MAIL: 43645 MONTEREY AVE #A/PALM DESERT CA 92260 USE/ R1-SINGLE FAMILY RESIDENCE ZONE: R1 ASD: $158,100 IMP: 74% SALE DATE: 08/16/90 SALE AMT: $200,OOOP LOAN AMT: EXEMPT: N BLT/ ------------------------------------------------------------------------------- 82 RMS:BD 3 BTH 1 TOT UNITS: LOTSQFT: 13504 SQFT: 1540 THE INFORMATION PROVIDED IS DEEMED RELIABLE, BUT IS NOT GUARANTEED COPYRIGHT TRW 1986 NY : i '1 1 ........... ... , ,. f ;' i. !. .. ',Go it . . ,, .. ' "i l'`! �. , �! .. i"` •]f , ... ''t ... � � .:i'.. ' .'.�`I '::!'. _..�} .i ! �i''! °, i.f l +�1 j�1. !l�'; , _� ,';1 t !'. Wrow t Is AMC „ ............... r.. t ! i r- .. t . ; ;. 1 .. .. .. .... .. ... _ . ... .... .. .. .. .... .. , .. ... ... .. ..... .... .. ... ... .. ... ....... ..... ... ... .. .. .. .. .... .. ._ ... ... .. .. _... .... :. .. _ ' 03/@0/91 CONTINENTAL LAWYERS TITLE COMPANY PAGE 3 PREPARED FOR: RE[ `STED BY: RV REP: ------------------------------------------------------------------------------- APN: 769-102-017 SITUS: OWNERi PARKER DONALD C & JULIE (J LEGAL: LOT 5 BLK 7 MB 019/075 DESERT CLUB TR MAIL: P O BOX 6010SHERMAN OAKS CA 91413 USQ YY-VACANT LAND ZONQ R1 ASD: $11,001 IMP: Y. SALE DATE: 11/00/80 SALE AMT: LOAN AMT: EXEMPT: N BLT: RMS:BD BTH TOT UNITS/ LOTSQFT: SQFT/ ------------------------------------------------------------------------------- APN| 769-102-019 SITUS: 78105 CALLE ESTADO LA QUINTA 92253 OWNER: FENADY GEORGE J TR & KATHE LEGAL: LOTS 8 & 9 BLK 9 MB 019/075 DESERT CLU MAIL: 602 N CHEROKEE AVE;LOS ANGELES CA 90004 USE: C1-COMMERCIAL PROPERTY ZONQ CPS ASD; $238,771 IMP: 71% SALE DATE: 12/00/86 SALE AMT: $225,000 LOAN AMT: EXEMPT/ N BLT: 87 RMS:BD BTH TOT UNITS: LOTSQFT: 10000 SQFT: ------------------------------------------------------------------------------- APN: 769-103-005 SITUS: OWNER: SCHORK KENNETH A & SHARON LEGAL/ LOT 5 BLK 4 MB 019/075 DESERT CLUB TR MAIL; 2525 RICHDALE;HACIENDA HEIGHTS CA 91745 PHONE: 818-336-0722 USE: YY-VACANT LAND ZONE: R1 ASD: $2,897 IMP: Y. SALE DATE: 10/00/84 GALE AMT: LOAN AMT: EXEMPT: N BLT: RMS:BD BTH TOT UNITS: LOTSQFT: SQFT: ------------------------------------------------------------------------------- APN: 769-103-007 SITUS: 78045 CALLE CADIZ LA QUINTA 92253 OWNER: CUNARDS RESTAURANT INC (CR LEGAL: LOTS 1, 2, 3 & 4 BLK 4 MB 019/075 DESE MAIL: P O BOX 1265;LA QUINTA CA 92253 USE: C1-COMMERCIAL PROPERTY ZONE: R1 ASD: $427,983 IMP: 62% SALE DATE: 09/00/86 SALE AMT: $300,OOOP LOAN AMT: EXEMPT/ N BLT: 52 RMS:BD 2 BTH 1 TOT UNITS: LOTS FT: 50529 GQFT: 3047 ------------------------------------------------------------------------------- APNi 769-151-006 SITUS� OWNER: CUNARDS RESTAURANT INC (CR LEGAL: LOT 12 BLK 4 MB 019/075 DESERT CLUB TR MAIL: P O BOX 1265/LA QUINTA CA 92253 USE: CY-VACANT COMMERCIAL PROPERTY ZONE: R1 ASD. $38,733 IMP: % SALE DATE: 09/00/86 SALE AMT: $300,0O0P LOAN AMT: EXEMPT' N BLT: RMS:BD BTH TOT UNITS: LOTSQFT: SQFT� ------------------------------------------------------------------------------- APN: 769-151-007 SITUS: 78034 CALLE BARCELONA LA QUINTA 92253 OWNER: CUNARDS RESTAURANT INC (CR LEGAL: LOTS 9, 10 & 11 BLK 4 MB 019/075 DESER MAIL: P O BOX 1265;LA QUINTA CA 92253 USE: CR-RESIDENTIAL ON COMM. LAND ZONE: R1 ASD: $203,750 IMP: 34% SALE DATE: 09100186 SALE AMT: $300,000 LOAN AMT: EXEMPT: N BLT; 66 RMS:80 2 BTH 1 TOT UNITS: LOTSQFT: 41817 SQFT: 1800 ------------------------------------------------------------------------------- APN/ 773-104-005 SITUS: OWNER: LA QUINTA REDEVELOPMENT AG LEGAL: LOT 20 BLK 134 MB O18/082 SANTA CARMEL MAIL: P O BOX 1504QUINTA CA 92253 USE: YY-VACANT LAND ZONE: R1 ASD: $6,889 IMP: Y. SALE DATE: 04/00/90 SALE AMT: $60,00OP LOAN AMT: EXEMPT: N BLT: ------------------------------------------------------------------------------- RMS:BD BTH TOT UNITS: LOTSQFT/ 4792 SQFT: THE INFORMATION PROVIDED IS DEEMED RELIABLE, BUT IS NOT GUARANTEED COPYRIGHT TRW 1986 WHOW 7AT4 CIA "A [ow; j n 57TY R:-'! :204 qJ�KD�' 412U A 0 1 nuo A Wpl 81; 0 AAMARAB 1 T 4 AMA V 1 n . . .... .... 010-�Qr- PK 9 Ww?� WTU A A! 4 "W" 19 "1.•1 7A7 n 0"..' 137mr 20 j WA �j,nj?K4 r D TY" QMA W (�O.OQYA in Q� TV ;AAAR n! WO UWMA .0 KI .. ........ . . .... .... -Wh- J� R Q 0 to 8& "ZI R W !;ADAJ vn"�Hb A Wj�Y?4 A, 943 q,- �710 ZONTS W�j VIVO -0 M��' j. 040 NO n&ORY mic ATA.UD A. �hu.' 0. 21c, -jawij n: C-10 INTO AW Nj &A -p NO A �Qn.O �.Wi P&n�? As Alkluc TABOd i ME CO 1 AL 71 "is 0, W.:1 VA) 041 of QdqW? ?Aq Y q Al hf%11�10 1 T 2 A D 1 1 q ..11'1; xoj KA T 6%0" 10 A! AVG Onn"- -Wan 1�lfo WK-1- Y x A 11 A �A 1 ;.Aoqj FS) Dv� A�Awpmw,q Up"Z)" ivy -SAOT W 1 F007 hu jk�TKDW p �P-: ')�Q, W A TMn 1.00 1�00,00 WO . .... .... . ....... .... .. .... - KGQ G 4 0 M n. E Y Op (As 3 Wily j 00 A- I A � a% "K 1AYIUQ k! AA�Y: 'fppp oe! YWA 0 j! A ., AV 0 "A TV :37on '5�11 I '03/30/91 CONTINENTAL LAWYERS TITLE COMPANY PAGE 4 PREPARED FOR: REQ' ~STED BY: RV ------------------------------------------------ REP: -------------------------------- APN: 773-104-006 SITUS: OWNER: LA QUINTA REDEV AGCY LEGAL/ LOT 19 BLK 134 MB 018/082 SANTA CARMEL MAIL: PO BOX 1504;LA QUINTA CA 92253 USE: YY-VACANT LAND ZONE: R1 ASD: $6,889 IMP: Y. SALE DATE: 04/10/90 SALE AMT: $60,0O0F LOAN AMT: EXEMPT: N BLT; RMS:BD BTH TOT UNITS: LOTSQFT: 4792 SQFT: ------------------------------------------------------------------------------- APN/ 773-104-007 SITUS/ OWNER: FENADY ANDREW J & MARY FRA LEGAL: LOT 18 BLK 134 MB 018/082 SANTA CARMEL MAIL: 126 N ROSMORVLOS ANGELES CA 90004 USE: YR-VACANT - RESIDENTIAL ZONE/ R1 ASD: $15,000 IMP: Y. SALE DATE: 09/00/89 SALE AMT: $45,OOOP LOAN AMT: EXEMPT: N BLT: RMS;BD BTH TOT UNITS: --------------------------------------- LOTSQFT/ 4792 SQFT: ----------------------------------------- APQ 773-104-008 SITUS: OWNER: FENADY ANDREW J & MARY FRA LEGAL: LOT 17 BLK 134 MB 018/082 SANTA CARMEL MAIL: 126 N ROSMORE;LOS ANGELES CA 90004 USE: YR-VACANT - RESIDENTIAL ZONE: R1 ASD: $15,000 IMP: % SALE DATE: 09/00/89 SALE AMT: $45,0OOP LOAN AMT: EXEMPT: N BLT: ------------------------------------------------------------------------------- RMS:BD BTH TOT UNITS: LOTSQFT; 4792 SQFT: APN/ 773-104-009 SITUS: OWNER: FENADY ANDREW J & MARY FRA LEGAL: LOT 16 BLK 134 MB 018/082 SANTA CARMEL MAIL/ 126 N ROSMORE;LOS ANGELES CA 90004 ' USE: YR-VACANT - RESIDENTIAL ZONE: R1 ASD: $15,000 IMP: Y. SALE DATE: 09/14/89 SALE AMT: $45,000P LOAN AMT: EXEMPT: N BLTi ---------------------------------------- RMS:BO BTH TOT UNITSi & ---------------------------------------- LOTSQFT: 4792 SQFT: APN: 773-104-010 SITUS: OWNER: GRIMMETT DAVID (UM) LEGAL: LOT 15 BLK 134 MB 0181082 SANTA CARMEL MAIL: 43695 CARMEL CIR;PALM DESERT CA 92260 USE: YY-VACANT LAND ZONE/ R1 ASD: $9,690 IMPi % SALE DATE: 12/29/88 SALE AMT; $9,50OF LOAN AMT: EXEMPT: N BLT: RMS:BD BTH TOT UNITS: LOTSQFT; 4792 SQFT: ------------------------------------------------------------------------------- APN: 773-104-011 SITUS: 51450 AVENIDA NAVARRO LA QUINTA 92253 OWNER: ROQERS BETTYE J LEGAL: LOT 14 BLK 134 MB 018/082 SANTA CARMEL MAIL: 52 674 AVENIDA OBREGON}LA QUINTA, CA 92253 USE: R1-SINGLE FAMILY RESIDENCE ZONE: R1 ASD: $24'730 IMP: 89% SALE DATE! 09/27/90 SALE AMT: LOAN AMT; EXEMPT/ N BLT/ 69 RMS:8O 2 BTH 1+1 TOT UNITS: LOTSQFT: 4792 SQFT: 1200 ------------------------------------------------------------------------------- APN: 773-104-012 SITUSi 77960 CALLE HIDALGO LA QUINTA 92253 OWNERi MOORE DOUGLAS & JOYCE A <J LEGAL: LOT 13 BLK 134 MB 018/O82 SANTA CARMEL MAILi 71568 ESTELLITA OR;RANCHO MIRAGE CA 92270 USE: R1-SINGLE FAMILY RESIDENCE ZONE/ R1 ASD: $62,778 IMP: 79% SALE DATE: 08/00/85 SALE AMT: $58,000 LOAN AMT: EXEMPT: N BLT: ------------------------------------------------------------------------------- 65 RMS:BD 3 BTH 2+1 TOT UNITS: LOTSQFT: 4792 SQFT: 1579 THE INFORMATION PROVIDED IS DEEMED RELIABLE, BUT IS NOT GUARANTEED COPYRIGHT TRW 1986 , : i ? r , I KG 11 - , „ I 10 1 0 oWJ I f... ,.,' 00 f: ... r. .. .�. ;. .,. .., I .�i '�'•� :.. 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To.. , a._ I f t` n q_ ,. ..., ..iW . 1. lob J-0. . , , : i ? r , ' 03/30/91 CONTINENTAL LAWYERS TITLE COMPANY PAGE 5 PREPARED FOR: RE[ ^-STED BY: RV REP: ------------------------------------------------------------------------------- APNi 773-104-017 SITUS| LA QUINTA 92253 OWNERi LA QUINTA CHAMBER OF COMME LEGALi REF.APN 009613745, LOTS 5 & 6 BLK 134 MAIL: 51351 AVENIDA BERMUDAS;LA QUINTA CA 92253 USE: CA-APARTMENT BUILDING ASD: $21,450 IMP: 15% SALE DATE: 08/00/89 SALE AMT: LOAN AMT: EXEMPT; N BLT: RMSQD BTH TOT UNITS: LOTSQFT: 10454 SQFT: 772 ---------------------------------------------------------------------------------- APQ 773-104-019 SITUS- OWNER: GRISWOLD HENRY C (WR) LEGALi LOT 7 BLK 134 MB 018/082 SANTA CARMELI MAIL: 30110 CROWN VALLEY PKY 203;LAGUNA NIGUEL CA 92677 USE: YY-VACANT LAND ZONE: R1 ASD. $3,114 IMP: % SALE DATE: 07/00/77 SALE AMT: LOAN AMT: EXEMPT: N BLT: RMS:BD BTH TOT UNITS: LOTSQFT: 4792 SQFT: _______________________________________________________________________________ APNi 773-104-020 SITUS: OWNEK GRISWOqO HENRY C (WR) LEGAL: LOT 8 BLK 134 MB 018/082 SANTA CARMELI MAIL: 30110 CROWN VALLEY PKY 203;LAGUNA NIGUEL CA 92677 USE: YY-VACANT LAND ZONE: R1 ASD: $3,114 IMP: % SALE DATE: 07/00/77 SALE AMT: LOAN AMT: EXEMPT: N BLT: ------------------------------------------------------------------------------- RMS:BD BTH TOT UNITS/ LOTSQFT: 4792 SQFT: APN: 773-104-021 SITUS: 51383 AVENIDA BERMUDAS LA QUINTA 92253 OWNER: HILL RICHARD & SARA LEGAL: LOTS 9 & 10 BLK 134 M8 018/082 SANTA C MAIL: P O BOX 1935;CARLSBAD CA 92008 USE/ R1-SINGLE FAMILY RESIDENCE ZONE/ R1 ASD: $28,591 IMP/ 84% SALE DATE: 02/00/72 SALE AMT: LOAN AMT/ EXEMPT: N BLT: 49 RMS:80 3 BTH 1+1 TOT UNITS: LOTSQFT: 10454 SQFT: 1850 ------------------------------------------------------------------------------- APN: 773-104-035 SITUS: 77965 AVENIDA MONTEZUMA LA QUINTA 92253 OWNER: YESSAYIAN MERON TR & ROXIE LEGAL: .14 AC M/L IN POR LOTS 23 & 24 BLK 134 MAIL/ P O BOX 1511;LA QUINTA CA 92253 USE: C1-COMMERCIAL PROPERTY ZONE: CPS ASD: $93,255 IMP: 94% SALE DATE: 10/00/85 SALE AMT: LOAN AMT: EXEMPT: N BLT: RMS:BD BTH TOT UNITS: LOTSQFT: 5663 SQFT: ------------------------------------------------------------------------------- APN: 773-104-036 SITUS: 77985 AVENIDA BERMUDAS LA QUINTA 92253 OWNER: WHITE JAMES L ESTATE OF LEGAL: .24 AC M/L IN POR LOTS 2, 23 & 24 BLK MAIL: 437 N EUCLID AVE;ONTARIO CA 91762 USE: C1-COMMERCIAL PROPERTY ZONE: CPS ASD: $270,684 IMP: 40% SALE DATE: 04/00/87 SALE AMT: LOAN AMT: EXEMPT/ N BLT: RMS:80 BTH TOT UNITS: LOTSQFT: 10019 SQFT: ----------------------------- APNi --------------------------------------------------- 773-104-037 SITUS: 51321 AVENIDA BERMUDAS LA QUINTA 92253 OWNER: STEINMANN HEINZ H & LORA R LEGAL: .51 AC M/L IN LOTS 3, 4, 21 & 22 BLK 1 MAIL: P O BOX 327;WRIGHTWOOD CA 92397 USE: C1-COMMERCIAL PROPERTY ZONE: CPS AGO: $533,672 IMP: 67% SALE DATE: SALE AMT: LOAN AMT: EXEMPT: N BLT: ------------------------------------------------------------------------------- RMS:BD BTH TOT UNITS: LOTSQFT: 21780 SQFT/ THE INFORMATION PROVIDED IS DEEMED RELIABLE, BUT IS NOT GUARANTEED COPYRIGHT TRW 1986 w ,r t MA 10 AP Anj7W AwQwjlXP N, YK:Z. ;Avis 41 5, . r ' V'. ..I f- ,. .. f 1 0A, A, l OF A no nro TD no 20A Wp OCR nW Do v y ` X11 1, j A ... - , . 1 .. ... , r ... . . .. .. . .,, .j 1 lop WIN 1 103V30/91 CONTINENTAL LAWYERS TITLE COMPANY PAGE 6 PREPARED FOR: RE[ -STED BY: RV � REP/ ------------------------------------------------------------------------------- APN/ 773-104-038 SITUS: OWNER; HILL RICHARD & SARA (JT) LEGAL; .23 AC M/L IN LOTS 11 & 12 BLK 134 MB MAIL: P O BOX 1935;CARLSBAD CA 92008 USE: YR-VACANT - RESIDENTIAL ASD: $6,228 IMP: % SALE DATE/ SALE AMT: LOAN AMT: EXEMPT/ N BLT: RMS;BD BTH TOT UNITS: LOTSQFT: 10019 SQFT: *SEARCH COMPLETE: 36 RECORDS READ, RETURNED/ 36 THE INFORMATION PROVIDED IS DEEMED RELIABLE, BUT IS NOT GUARANTEED COPYRIGHT TRW 1986 �4 �� So or vp oor La _p P � g A G� v s A s 0 00 �■ i t . ■■ Hues ticall aIII aa■a■■ ■r■■ tr �.� ■a. 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