KSL/Termination of Covenants - 2006p
RECORDfNG REQUESTED BY AND MAIL TO:
(Name and mailing address, including city, state, and
ZIP code, of requesting party)
FRutan &Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626.1998
Attn: Aron O. Hansen, Esq./
Layne H. Melzer, Esq.
DOC # 2006 - 0652331
09/01/2006 08:008 Fee:11.00
Page 1 of 6
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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M A L 465 426 PCOR NCOR SMF NCHG
L SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE I
alb T �
035
DOCUMENT TITLE
❑ ABSTRACT OF JUDGMENT
❑ ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT
® OTHER (specify): TERMINATION OF AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
76aR855 CI -229 (New 7 -96)
RECORDER'S COVER SHEET
GoA. Code §27361.6
American LegalNet. Inc.
w 'USCG Fama.com
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Rutan & Tucker, LLP
611 Anton Boulevard, Fourteenth Floor
Costa Mesa, California 92626 -1998
Attention: Aron O. Hansen Esq.
(Space Above For Recorder's Use)
TERMINATION OF AGREEMENT CONTAINING COVENANTS
AFFECTING REAL PROPERTY
THIS TERMINATION OF AGREEMENT CONTAINING COVENANTS AFFECTING
REAL PROPERTY (this "Termination Agreement ") dated to be effective as of July 7, 2006, is
made by and among KSL Land_ Holdings, LLC, a Delaware limited-liability-company, formerly
known as KSL Land Holdings, Inc., a Delaware corporation ( "KSL "), CNL Desert Resort, LP, a
Delaware limited partnership, formerly known as KSL Desert Resorts, Inc., a Delaware
corporation ( "Desert Resorts ") and the La Quinta Redevelopment Agency, a public body,
corporate and politic ( "Agency ").
RECITALS
A. KSL, Desert Resorts and the Agency entered into that certain Agreement
Containing Covenants Affecting Real Property dated June 18, 2002 and recorded on June 27,
2002 in the Official Records of Riverside County as Document No. 2002- 352578 (the
"Restrictive Covenants Agreement ").
B. The parties hereto now desire to terminate and/or acknowledge the termination of,
the Restrictive Covenants Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Termination of Restrictive Covenants Agreement. KSL, Desert Resorts and the
Agency, on behalf of themselves as well as their predecessors, successors and assigns, as well as
all persons or entities claiming by, through or on behalf of them, each hereby agrees that the
Restrictive Covenants Agreement has been and/or is hereby relinquished, expired, cancelled,
terminated and of no further force or effect.
2. Further Assurances. Each party shall do any act and execute, acknowledge, and
deliver any requested documents in order to carry out the intent and purpose of this Agreement.
3. Counterparts. This Termination Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on all parties hereto,
notwithstanding that all parties are not signatories to the original or the same counterpart.
[Signature Page Follows]
1066/015610 -0075
726665 02
IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement
as of the date and year first above written.
KSL:
KSL Land Holdings, LLC,
a Delaware limited liability company
(formerly known as KSL Land Holdings, Inc., a
Delaware corporaf
By: .
Print ame: Scott Dalecio
Its: Vice President
DESERT RESORTS:
CNL Desert Resort, LP,
a Delaware limited partnership
(formerly known as KSL Desert Resorts, Inc., a
Delaware corporation)
By: _
Print
Its:
AGENCY:
La Quinta Redevelopment Agency,
a,xtlili /bo Y, corporate nd is
Thomas P. Genovese
Its: Executive Director
APPROVED AS TO FORM BY AGENCY COUNSEL:
RUTAN
By:
Layne I- elzer
Attorneys or La Quinta Redevelopment Agency
1066,015610-0075 _'L_
726686.02
NOTARY ACKNOWLEDGMENT
STATE OF Ll��l�u'rl « )
COUNTY OF 0 ide, )
On Q c�P 0(a before me KJrY16'1lV i Gf �! ��% � a
Notary Putiliq in and for Nid County and Stat , personally appeared
, personally known to me or e
to-be the person(s) whose namely) dWe subscribed to the within instrument and
acknowledged to me that Qsl1e /the executed the same in (Q /h'er /their authorized
capacity(iea`j, and that bydjjit_ l r /t4oir slgnaturW) on the instrument the person(s), or
the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. KNOtOrY RLY FAY
isslon
FUbec enlde`
Signature �� (SE
NOTARY ACKNOWLEDGMENT
STATE OF
COUNTY 01` Ci/�is /c/r�)
On � • /� �oa�
before me
�t'°1.���1
a
Notary Publid in and
for said C
n% air d State,
p rsonally appeared
personally known to me or G proved to me
the basis of satisfactory evidence
to be the person(s) whose name(s) is /a€& subscribed to the within instrument and
acknowledged to me that he/shoAliey executed the same in his /k1eFf4sir authorized
capacity(ies), and that by hisAierkheir signature(s) on the instrument the person(s), or
the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my •and o
Signature (SEAL
1
1066/015610-0075
7266b5.02
IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement
as of the date and year first above written.
KSL:
KSL Land Holdings, LLC,
a Delaware limited liability company
(formerly known as KSL Land Holdings, Inc., a
Delaware corporation)
By: _
Print
Its:
- DESERT RESORTS:
CNL Desert Resort, LP,
a Delaware limited partnership
(formerly known as KSL Desert Resorts, Inc., a
Delaware corporation) by its general partner,
CNL Resort SPE P L
By:
Print Name: Barry A.N. Bloom
Its: Senior Vice President
AGENCY:
La Quinta Redevelopment Agency
a_puL�lic b y, corporate
Thomas P. Genovese
Its: Executive Director
APPROVED AS TO FORM BY AGENCY COUNSEL:
RUTAN & TUCKER, LLP
By:
Layne H. Melzer
Attorneys for La Quinta Redevelopment Agency
1 066/015610-0075
726665 02
I .
NOTARY ACKNOWLEDGMENT
STATE OF `A 1
COUNTY OF )
On Av
oSsA
2ob(o before me
LVI Za
a
Notary
'Public
in _ and for said
County
and State, personally
appeared
, personally known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or
the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal." EIIza J. Bardih
y My Commission DD3W51
Exp res March 18. 2008
Signature Lsol_'a� � r' _ (SEAL)
NOTARY ACKNOWLEDGMENT
STATE OF
COUNTY OF
On
Notary Public in
_ before me
and for said County and
,a
State, personally appeared
, personally known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she/they executed the same in his /her /their authorized
capacity(ies), and that by his /Fier /their signature(s) on the instrument the person(s), or
the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
1066/015610 -0075
726665 02
(SEAL)