2019 11 05 HA Special MeetingHOUSING AUTHORITY 1 NOVEMBER 15, 2019
SPECIAL MEETING
NOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA HOUSING AUTHORITY
TO THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF LA QUINTA
AND TO THE CITY CLERK/AUTHORITY SECRETARY:
NOTICE IS HEREBY GIVEN that a special meeting of the Housing Authority of
the City of La Quinta is hereby called to be held on November 5, 2019 commencing
at 4:00 p.m., at La Quinta City Hall, 78495 Calle Tampico, La Quinta, California.
CONSENT CALENDAR
1. APPROVE QUARTERLY MEETING MINUTES OF OCTOBER 15, 2019
BUSINESS SESSION
1.APPROVE LOT LINE ADJUSTMENT, ACCESS EASEMENT, AND
AGREEMENT FOR PURCHASE AND SALE AND ESCROW
INSTRUCTIONS OF PORTIONS OF REAL PROPERTY AT 46150-46176
DUNE PALMS ROAD (APNs 600-030-022 AND -023) FROM THE LA
QUINTA HOUSING AUTHORITY TO THE CITY OF LA QUINTA FOR
FUTURE PARK AND DRAINAGE IMPROVEMENTS
Dated: November 1, 2019 John Peña
JOHN PEÑA, Chairperson
Attest:
MONIKA RADEVA
Housing Authority Secretary
DECLARATION OF POSTING
I, Monika Radeva, Authority Secretary, do hereby declare that the foregoing notice for
the Special La Quinta Housing Authority meeting of November 5, 2019 was posted on
the outside entry to the Council Chamber at 78495 Calle Tampico and on the bulletin
boards at 51321 Avenida Bermudas and 78630 Highway 111 on November 1, 2019.
DATED: November 1, 2019
Monika Radeva, Authority Secretary
La Quinta Housing Authority
HOUSING AUTHORITY AGENDA 1 NOVEMBER 5, 2019
SPECIAL MEETING
HOUSING AUTHORITY
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico La Quinta
SPECIAL MEETING
TUESDAY, NOVEMBER 5, 2019, AT 4:00 P.M.
CALL TO ORDER
ROLL CALL: Authority Members: Evans, Fitzpatrick, Sanchez, Radi,
Chairperson Peña
VERBAL ANNOUNCEMENT – AB 23 [AUTHORITY SECRETARY]
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the Housing Authority on any matter
not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes. The Housing Authority values your comments; however
in accordance with State law, no action shall be taken on any item not appearing on
the agenda unless it is an emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one
motion.
PAGE
1.APPROVE QUARTERLY MEETING MINUTES OF OCTOBER 15, 2019 3
BUSINESS SESSION
PAGE
1.AMEND THE 2019/20 HOUSING AUTHORITY BUDGET, APPROVE LOT
LINE ADJUSTMENT, ACCESS EASEMENT, AND AGREEMENT FOR
PURCHASE AND SALE AND ESCROW INSTRUCTIONS OF PORTIONS
OF REAL PROPERTY AT 46150-46176 DUNE PALMS ROAD (APNs 600-
5
Housing Authority agendas and staff
reports are available on the City’s
web site: www.laquintaca.gov
HOUSING AUTHORITY AGENDA 2 NOVEMBER 5, 2019
SPECIAL MEETING
030-022 AND -023) FROM THE LA QUINTA HOUSING
AUTHORITY TO THE CITY OF LA QUINTA FOR FUTURE PARK AND
DRAINAGE IMPROVEMENTS
CHAIR AND BOARD MEMBERS' ITEMS
REPORTS AND INFORMATIONAL ITEMS – NONE
ADJOURNMENT
***************************************
The next regular quarterly meeting of the Housing Authority will be held on
January 21, 2020 at 4:00 p.m. in the City Council Chambers, 78495 Calle
Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Monika Radeva, Authority Secretary of the La Quinta Housing Authority, do
hereby declare that the foregoing agenda for the La Quinta Housing Authority
was posted near the entrance to the Council Chambers at 78495 Calle Tampico
and on the bulletin boards at 51321 Avenida Bermudas and 78630 Highway
111, on November 1, 2019
DATED: November 1, 2019
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk’s Office at (760) 777-7092,
twenty-four (24) hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the Housing Authority,
arrangement should be made in advance by contacting the City Clerk's Office at (760) 777-
7092. A one (1) week notice is required.
If background material is to be presented to the Housing Authority during a meeting,
please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to
the City Clerk for distribution. It is requested that this take place prior to the beginning of
the meeting.
Any writings or documents provided to a majority of the Housing Authority regarding any
item on this agenda will be made available for public inspection at the City Clerk counter at
City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal
business hours.
HOUSING AUTHORITY
QUARTERLY MEETING MINUTES Page 1 of 2 OCTOBER 15, 2019
HOUSING AUTHORITY
QUARTERLY MEETING MINUTES
TUESDAY, OCTOBER 15, 2019
CALL TO ORDER
A regular quarterly meeting of the La Quinta Housing Authority was called to
order at 6:15 p.m. by Chairperson Peña.
PRESENT: Authority Members: Evans, Fitzpatrick, Radi, Sanchez, and
Chairperson Peña
ABSENT: None
VERBAL ANNOUNCEMENT – AB 23 was made by the Authority Secretary
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed
CONSENT CALENDAR
1. APPROVE SPECIAL MEETING MINUTES OF OCTOBER 1, 2019
MOTION – A motion was made and seconded by Authority Members
Evans/Fitzpatrick to approve the Consent Calendar as recommended. Motion
passed unanimously.
BUSINESS SESSION
1. ADOPT RESOLUTION TO APPROVE CASH MANAGEMENT POLICY
[RESOLUTION NO. HA 2019-004]
MOTION – A motion was made and seconded by Authority Members
Radi/Evans to adopt Resolution No. HA 2019-004 approving a Cash
Management Policy. Motion passed unanimously.
CHAIR AND BOARD MEMBERS' ITEMS – None
REPORTS AND INFORMATION ITEMS – None
CONSENT CALENDAR ITEM NO. 1
3
HOUSING AUTHORITY
QUARTERLY MEETING MINUTES Page 2 of 2 OCTOBER 15, 2019
ADJOURNMENT
There being no further business, it was moved and seconded by Authority
Members Evans/Fitzpatrick to adjourn at 6:17 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, Authority Secretary
La Quinta Housing Authority
4
City of La Quinta
HOUSING AUTHORITY MEETING: November 5, 2019
STAFF REPORT
AGENDA TITLE: AMEND THE 2019/20 HOUSING AUTHORITY BUDGET,
APPROVE LOT LINE ADJUSTMENT, ACCESS EASEMENT, AND AGREEMENT FOR
PURCHASE AND SALE AND ESCROW INSTRUCTIONS OF PORTIONS OF
REAL PROPERTY AT 46150-46176 DUNE PALMS ROAD (APNs 600-030-022 AND
-023) FROM THE LA QUINTA HOUSING AUTHORITY TO THE CITY OF LA
QUINTA FOR FUTURE PARK AND DRAINAGE IMPROVEMENTS
RECOMMENDATION
Amend the 2019/20 Housing Authority budget, approve lot line adjustment, access
easement, and sale of portions of real property at 46150-46176 Dune Palms Road
(APNs 600-030-022 and -023) from the La Quinta Housing Authority to the City
of La Quinta for $1,061,456 for future park and drainage improvements;
and authorize the Executive Director to execute the purchase and sale
agreement.
EXECUTIVE SUMMARY
The City of La Quinta seeks to acquire property from the La Quinta
Housing Authority (Authority) for the La Quinta X Park, Project No.
2015-09, and Citywide Drainage Enhancement Projects, Project No.
2015-12D (Projects).
A lot line adjustment is proposed to accommodate the required space
for each of the Projects.
An access easement is proposed to provide public ingress and egress to
the Projects and to the future affordable housing site.
• On October 9, 2019 the Housing Commission reviewed the proposed sale
and recommends Authority approval.
FISCAL IMPACT
The Authority will receive $1,061,456, which would be deposited into the
Authority Sale of Other Assets (Account No. 241-9101-45000). Capital
Improvement Program funds will be used for this acquisition. The access
easement is proposed to have no associated cost.
The anticipated contribution for the Authority’s proportionate share (.28 Ac-Ft.)
of the drainage improvements is $278,062. If approved, the 2019/20 Authority
budget would be amended to recognize the revenue and appropriate expenses
as follows:
BUSINESS SESSION ITEM NO. 1
5
Account Description Account Number Budget Adjustment
Sale of Other Assets 241-9101-45000 $1,061,456
Land Improvements 241-9101-74014 ($278,100)
Net Fiscal Impact $783,356
BACKGROUND/ANALYSIS
The La Quinta X Park project will construct 31,000 sq. ft. of skate area, a pro-
shop with restrooms and shade structure, bowls and features for beginners,
advanced, and professional users, and a pump track feature surrounding two of
the proposed retention basins.
The Citywide Drainage Enhancements project will construct three retention
basins to accommodate the on-site drainage for the X Park and Authority
property as well as the off-site drainage along Westward Ho Drive.
Approximately .28 Ac-Ft. of the retention basins will accommodate drainage for
the Authority’s remaining parcel. The City is requesting a contribution for the
Authority’s proportionate share of the drainage improvement costs.
The proposed lot line adjustment will create the new parcels for the Projects.
Parcel A (APN 600-030-022) encompasses 79,143 sq. ft. for the future La
Quinta X Park. Parcel B (APN 600-030-023) encompasses 53,539 sq. ft. for
the Citywide Drainage Enhancements Project. Parcel C (APN 600-030-024) will
remain Authority owned and encompasses 121,551 sq. ft. A no cost public
access easement from Parcel C is also necessary to provide driveway ingress
and egress to the Projects and to the future affordable housing site.
The former La Quinta Redevelopment Agency (RDA) acquired the land in 2007
to eliminate blight and develop an affordable housing project. The project was
stalled due to the elimination of the RDA, and the Authority has held onto the
property pending future development. The City is offering the Authority the fair
market value of $1,061,456 (Attachment 1) for the properties. The Authority
intends to develop the remainder of the property with an affordable housing
project.
The sale proceeds must be used for affordable housing; State law allows for the
sale of affordable housing property provided that the proceeds are used for
affordable housing.
ALTERNATIVE
Housing Authority may elect not to approve the transaction, which would result
in the Projects not being constructed.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachments: 1. Agreement for Purchase and Sale
2.Exhibits
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(“Agreement”) is made and entered into as of ______________, 2019 (“Effective Date”) by and
between the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic
(“Seller”), and the CITY OF LA QUINTA, a California municipal corporation and charter city
(“Buyer”).
R E C I T A L S:
A. Seller is the owner of that certain unimproved real property located in the City of
La Quinta, County of Riverside, State of California, more particularly described as Parcel A and
Parcel B in Exhibit “A”, and depicted as Parcel A and Parcel B in Exhibit “B” (the “Property”),
each of which exhibits are incorporated herein by this reference.
B. Buyer desires to purchase the Property from Seller and Seller desires to sell the
Property to Buyer, on the terms and conditions set forth herein.
A G R E E M E N T:
NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants
herein contained, the parties hereto agree as follows:
1.PROPERTY. Subject to all of the terms, conditions and provisions of this Agreement, and
for the consideration herein set forth, Seller hereby agrees to sell to Buyer and Buyer hereby agrees
to purchase from Seller the Property.
2.PURCHASE PRICE.
2.1 Amount. The purchase price which Seller agrees to accept, and Buyer agrees to
pay for the Property is the sum of ONE MILLION SIXTY-ONE THOUSAND FOUR HUNDRED
FIFTY-SIX DOLLARS ($1,061,456) (“Purchase Price”).
2.2 Payment of Total Purchase Price. The Buyer shall deposit with the Escrow Holder
the Purchase Price, plus Buyer’s closing costs, subject to adjustment for prorations and other
charges, in good funds, prior to the “Close of Escrow” (as defined in Section 6.1 below).
3.ESCROW.
3.1 Opening of Escrow. Closing of the sale of the Property shall take place through an
escrow (“Escrow”) to be established within three (3) business days after the execution of this
Agreement by the parties hereto, with Four Seasons Escrow (“Escrow Holder”) at its office located
at 51350 Desert Club Drive, La Quinta 92253. The opening of the Escrow (the “Opening of
Escrow”) shall be deemed to be the date that a fully executed copy of this Agreement is delivered
ATTACHMENT 1
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to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the
date of the Opening of Escrow.
3.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute
the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder
so requires, Buyer and Seller agree to execute the standard preprinted form of escrow instructions
that Escrow Holder customarily requires in real property escrows administered by it. In the event
of any conflict or inconsistency between Escrow Holder’s standard instructions and the provisions
of this Agreement, the provisions of this Agreement shall supersede and be controlling.
4. TITLE MATTERS. Buyer shall obtain a preliminary title report prepared by First
American Title Company (“Title Company”) describing the state of title of the Property together
with copies of all underlying documents (the “Preliminary Title Report”). Buyer may, at its sole
cost and expense, obtain a current survey of the Property (a “Survey”). Notwithstanding anything
herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the
Property excluding non-delinquent real property taxes. Buyer shall notify Seller in writing of any
objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters
shown on the Survey (if Buyer has obtained) no later than the date which is twenty-one (21) days
after the later of (i) its receipt of the Preliminary Title Report or (ii) its receipt of the S urvey
(“Buyer’s Objection Notice”). Buyer’s approval or disapproval of the matters set forth in the
Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer’s
sole and absolute discretion. Buyer’s failure to provide Seller with a Buyer’s Objection Notice
within said period shall constitute Buyer’s approval of all exceptions to title shown on the
Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained). Seller shall
have a period of ten (10) days after receipt of Buyer’s Objection Notice in which to deliver written
notice to Buyer (“Seller’s Notice”) of Seller’s election to either (i) agree to remove the
objectionable items on the Preliminary Title Report or Survey prior to the Close of Escrow, or (ii)
decline to remove any such title exceptions or Survey matters and terminate Escrow and the
obligations of Buyer and Seller to purchase and sell the Property under this Agreement, in which
event the provisions of Section 10.3 below shall apply. Seller’s failure to provide Buyer with
Seller’s Notice within said period shall constitute Seller’s election to remove the objectionable
items on the Preliminary Title Report. If Seller notifies Buyer of its election to terminate rather
than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have
the right, by written notice delivered to Seller within five (5) days after Buyer’s receipt of Seller’s
Notice, to agree to accept the Property subject to the objectionable items, in which event Seller ’s
election to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject
to such objectionable items without any adjustment to or credit against the Purchase Price. All
exceptions to title shown on the Preliminary Title Report, other than those which Seller may agree
to remove pursuant to this Section 4, shall be deemed to have been approved by Buyer unless
Seller is notified otherwise in writing.
Upon the issuance of any amendment or supplement to the Preliminary Title Report
which adds additional exceptions, including any survey exceptions, the foregoing right of review
and approval shall also apply to said amendment or supplement. The process set forth above for
Buyer’s review and Seller’s response shall apply to any review and response with respect to any
amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for
such period as is necessary to allow for that review and response process to be completed.
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5. RIGHT OF ENTRY. Beginning on the Effective Date up to and including the Closing
Date, Seller grants Buyer, its agents, contractors, employees, and representatives, the right to enter
into and upon the Property at reasonable times for the purposes related to Buyer’s inspection and
proposed acquisition of the Property. Buyer shall not disturb the physical condition of the
Property, or do any intrusive testing of the Property without the prior written consent of Seller,
which consent shall not be unreasonably withheld or delayed. Any costs, expenses, or charges
incurred or related to Buyer’s activities under this right of entry shall be at the sole cost and expense
of Buyer and at no cost and expense to Seller. Buyer shall, at its own cost and expense entirely,
repair any damage to the Property resulting from any such entry and shall restore the Property to
its condition prior to such entry. Buyer agrees to indemnify, defend and hold Seller and the
Property harmless from any and all claims, liabilities, liens, actions, judgments, costs, expense, or
charges (including without limitation attorneys’ fees and costs) arising from or connected or
related in any way to the right of entry granted under this Agreement.
6. CLOSE OF ESCROW.
6.1 Close of Escrow; Closing Date. Provided that all of the conditions of this
Agreement precedent to the “Close of Escrow” (as hereinafter defined) as set forth in Section 10
below have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the
Closing of this transaction for the sale and purchase of the Property shall take place on or before
October 31, 2019 (“Outside Closing Date”). The terms “Close of Escrow”, “Closing Date” and
the “Closing” are used herein to mean the time Seller’s grant deed conveying fee title to the
Property to Buyer is recorded in the Official Records of the Office of the County Recorder of
Riverside (“Official Records”). If Escrow is not in a condition to close by the Outside Closing
Date, either party not then in default hereunder may, upon five (5) days advance written notice to
the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such
termination shall release either party then in default from liability for such default. If neither party
so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as
soon as possible.
6.2 Recordation; Release of Funds and Documents.
6.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official
Records, the following documents in the order listed: (i) the grant deed (in the form attached
hereto as Exhibit “C”) transferring title to the Property to Buyer (“Grant Deed”); and (ii) such
other and further documents as may be directed jointly by Buyer and Seller.
6.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price to
Seller, less any amount to Closing costs, and (ii) conformed copies of all recorded documents to
both Buyer and Seller.
7. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.
7.1 Buyer’s Obligations. Buyer agrees that on or before 5:00 p.m. of the last business
day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with
Escrow Holder the following:
(a) the Purchase Price; and
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(b) any and all additional funds, instruments or other documents required from
Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order
for the Escrow Holder to comply with the terms of this Agreement and consummate the
transaction.
7.2 Seller’s Obligations. Seller agrees that on or before 5:00 p.m. of the last business
day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with
Escrow Holder each of the following:
(a) the executed and acknowledged Grant Deed, subject only to the Permitted
Exceptions (defined hereafter);
(b) all other funds, items, and instruments required from Seller (executed and
acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder
to comply with the provisions of this Agreement and consummate the transaction.
8. TITLE INSURANCE POLICY.
8.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue a
CLTA owner’s standard coverage policy of title insurance (“Title Policy”), in favor of Buyer, as
insured, for the Property, with liability in the amount of the Purchase Price, subject only to the
following (the “Permitted Exceptions”):
(a) covenants, conditions, restrictions and reservations of record that do not
interfere with the Buyer’s proposed use of the Property, as determined in the sole and absolute
discretion of Buyer;
(b) easements or rights-of-way over the Property for public or quasi-public
utility or public street purposes;
(c) title exceptions approved or deemed approved by Buyer pursuant to
Section 4 above;
(d) any other exceptions approved by Buyer; and
(e) the standard printed conditions and exceptions contained in the CLTA
standard owner’s policy of title insurance regularly issued by the Title Company.
8.2 Payment for Title Policy. Seller shall be responsible for the charges for the Title
Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional
amount charged by Title Company for any additional coverage or endorsements it requests. In
connection therewith, Buyer may, at its election, request an ALTA extended policy of title
insurance and Buyer shall pay for the incremental cost of the extended coverage above and beyond
the standard coverage. Buyer shall pay for the Survey, if obtained.
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9. INTENTIONALLY OMITTED.
10. CONDITIONS PRECEDENT TO CLOSING.
10.1 Conditions Precedent to Buyer’s Obligations. The obligations of Buyer under this
Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or
signed written waiver by Buyer of each and all of the following conditions precedent (collectively,
“Buyer’s Conditions to Closing”):
(a) on the Closing Date, the Title Company shall be irrevocably committed to
issue the Title Policy pursuant to Section 8.1 above insuring fee title to the Property as being vested
in Buyer, subject only to the Permitted Exceptions;
(b) Escrow Holder holds all instruments and funds required for the Closing and
will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this
Agreement;
(c) except as otherwise permitted by this Agreement, all representations and
warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though
made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled
by the Closing Date; and
(d) Seller is not in material default of any term or condition of this Agreement.
In the event that any of Buyer’s Conditions to Closing are not satisfied, deemed satisfied,
or waived in a writing signed by Buyer prior to the expiration of the applicable period for
satisfaction or waiver, Buyer may terminate this Agreement.
10.2 Conditions Precedent to Seller’s Obligations. The obligations of Seller under this
Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of
the following conditions precedent (“Seller’s Conditions to Closing”):
(a) Escrow Holder holds the Purchase Price and all other instruments and funds
required for the Closing and will deliver to Seller the instruments and funds, including but not
limited to the Purchase Price (less any offsets against Seller specifically provided for hereunder)
accruing to Seller pursuant to this Agreement;
(b) except as otherwise permitted by this Agreement, all representations and
warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though
made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled
by the Closing Date; and
(c) Buyer is not in material default of any term or condition of this Agreement.
In the event that any of Seller’s Conditions to Closing are not satisfied, deemed satisfied,
or waived in a writing signed by Seller prior to the expiration of the applicable period for
satisfaction or waiver, Seller may terminate this Agreement.
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11. POSSESSION. Possession of the Property, free from all tenancies, parties in possession
and occupants, shall be delivered by Seller to Buyer on the Closing Date, subject only to the
Permitted Exceptions.
12. ALLOCATION OF COSTS.
12.1 Buyer’s Costs. Buyer shall pay: (i) one-half (1/2) of any escrow fees or similar
charges of Escrow Holder, (ii) the full premium cost for any endorsements to the Title Policy,
(iii) the premium for any ALTA coverage over and above the cost of the CLTA (or standard
ALTA) Owner’s Title Policy, and (iv) the costs of any Survey, inspection or report requested by
Buyer.
12.2 Seller’s Costs. Seller shall pay: (i) the premium cost of the Title Policy (CLTA (or
standard ALTA) Owner’s only), and (ii) one-half (1/2) of any escrow fees or similar charges of
Escrow Holder.
12.3 Miscellaneous Costs. Except to the extent otherwise specifically provided herein,
all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and
closing of this transaction, including, without limitation, attorneys’ fees, shall be borne and paid
by the party incurring same.
13. COVENANTS OF SELLER. Seller agrees that during the period between the Effective
Date of this Agreement and the Closing Date:
(a) Seller shall maintain the Property in not less than the state of repair as that
existing on the Effective Date (excepting ordinary wear and tear);
(b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate,
encumber, or otherwise transfer (on or off record) the Property or any interest therein;
(c) Prior to Closing, Seller shall maintain Seller’s existing insurance on the
Property; and
(d) Prior to the Closing, Seller shall not alter the physical condition of the
Property.
14. MISCELLANEOUS.
14.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit
of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.
14.2 No Third Party Beneficiaries. No provision of this Agreement is intended nor shall
in any way be construed to benefit any party not a signatory hereto or to create a third-party
beneficiary relationship.
14.3 Notices. All notices under this Agreement shall be effective upon personal
delivery, upon delivery by reputable overnight courier service that provides a receipt with the date
and time of delivery, or two (2) business days after deposit in the United States mail, registered,
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certified, postage fully prepaid and addressed to the respective parties as set forth below or as to
such other address as the parties may from time to time designate in writing:
To Seller: La Quinta Housing Authority
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Executive Director
Copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92628-1950
Attn: William H. Ihrke, Esq
To Buyer: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
Copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92628-1950
Attn: William H. Ihrke, Esq.
14.4 Fair Meaning. This Agreement shall be construed according to its fair meaning and
as if prepared by both parties hereto.
14.5 Headings. The headings at the beginning of each numbered Section of this
Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement.
14.6 Choice of Laws; Litigation Matters. This Agreement shall be governed by the
internal laws of the State of California and any question arising hereunder shall be construed or
determined according to such law. The Superior Court of the State of California in and for the
County of Riverside, or such other appropriate court in such county, shall have exclusive
jurisdiction of any litigation between the parties concerning this Agreement. Service of process
on Buyer shall be made in accordance with California law. Service of process on Seller shall be
made in any manner permitted by California law and shall be effective whether served inside or
outside California.
14.7 Nonliability of Buyer and Seller Officials. No officer, official, member, employee,
agent, or representative of Buyer or Seller shall be liable for any amounts due hereunder, and no
judgment or execution thereon entered in any action hereon shall be personally enforced against
any such officer, official, member, employee, agent, or representative.
14.8 Gender; Number. As used in this Agreement, masculine, feminine, and neuter
gender and the singular or plural number shall be deemed to include the others wherever and
whenever the context so dictates.
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14.9 Time of Essence. Time is of the essence of this Agreement and of each and every
term and provision hereof, it being understood that the parties hereto have specifically negotiated
the dates for the completion of each obligation herein.
14.10 Time Period Computations. All periods of time referred to in this Agreement shall
include all Saturdays, Sundays and California state or national holidays unless the reference is to
business days, in which event such weekends and holidays shall be excluded in the computation
of time and provide that if the last date to perform any act or give any notice with respect to this
Agreement shall fall on a Saturday, Sunday or California state or national holiday, such act or
notice shall be deemed to have been timely performed or given on the next succeeding day which
is not a Saturday, Sunday or California state or national holiday.
14.11 Waiver or Modification. A waiver of a provision hereof, or modification of any
provision herein contained, shall be effective only if said waiver or modification is in writing, and
signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be
considered to be a waiver of any breach or default unless expressly provided herein or in the
waiver.
14.12 Broker’s Fees. Seller and Buyer represent and warrant to the other that neither
Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction.
Each party agrees to indemnify and hold the other free and harmless from and against any and all
liability, loss, cost, or expense (including court costs and reasonable attorney’s fees) in any manner
connected with a claim asserted by any individual or entity for any commission or finder’s fee in
connection with the conveyance of the Property arising out of agreements by the indemnifying
party to pay any commission or finder’s fee.
14.13 Duplicate Originals. This Agreement may be executed in any number of duplicate
originals or counterparts, all of which shall be of equal legal force and effect.
14.14 Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person, entity, or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant, or
condition to persons, entities, or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term, covenant or condition of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
14.15 Exhibits. The following exhibits are attached hereto and incorporated herein by
this reference:
Exhibit “A” Legal Description of Property
Exhibit “B” Depiction of Property
Exhibit “C” Form of Grant Deed
14.16 Authority. The person(s) executing this Agreement on behalf of each of the parties
hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering
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into this Agreement does not violate any provision of any other agreement to which such party is
bound.
14.17 Entire Agreement; Amendment. Except as set forth above, this Agreement and the
exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the
matters contained herein, and no prior agreement or understanding pertaining to any such matter
shall be effective for any purpose. No provisions of this Agreement may be amended or modified
in any manner whatsoever except by an agreement in writing signed by duly authorized officers
or representatives of each of the parties hereto.
[END -- SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this
Agreement, understands it, and hereby executes this Agreement to be effective as of the day and
year first written above.
SELLER:
LA QUINTA HOUSING AUTHORITY, a
public body, corporate and politic
By:
Jon McMillen, Executive Director
ATTEST:
Monika Radeva, Housing Authority Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
William H. Ihrke, Housing Authority Counsel
BUYER:
CITY OF LA QUINTA, a California
municipal corporation and charter city
By:
Jon McMillen, City Manager
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
William H. Ihrke, City Attorney
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Four Seasons Escrow, Inc. agrees to act as Escrow Holder in accordance with the terms of
this Agreement that are applicable to it.
FOUR SEASONS ESCROW, INC.
By:
Name:
Its:
17
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EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
[SEE ATTACHED]
18
882/015610-0046
7101504.1 a10/03/19
EXHIBIT “B”
DEPICTION OF THE PROPERTY
[SEE ATTACHED]
19
882/015610-0046
7101504.1 a10/03/19
EXHIBIT “C”
FORM OF GRANT DEED
[SEE ATTACHED]
20
EXHIBIT ‘A’
LEGAL DESCRIPTION
Page 1 of 4
EXHIBIT ‘A’
LEGAL DESCRIPTION
LOT LINE ADJUSTMENT No. 2019 - ______
PARCEL A:
THAT CERTAIN PARCEL OF LAND LOCATED IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHERLY 660.00
FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHERLY 330.00 FEET OF SAID NORTHERLY 660.00 FEET;
THENCE N 89°38’21” E ALONG THE SOUTHERLY LINE OF SAID NORTH HALF A
DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF
THE WEST LINE OF THE SAID NORTHEST QUARTER OF SECTION 29, SAID PARALLEL
LINE ALSO BEING THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS
DESCRIBED IN ‘GRANT OF EASEMENT AND AGREEMENT’ RECORDED AUGUST 9,
2017 AS DOCUMENT NO. 2017-0327107;
THENCE N 00°09’19” W ALONG SAID PARALLEL LINE A DISTANCE OF 65.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE N 89°38’21” E ALONG A LINE PARALLEL WITH AND 65.00 NORTH OF THE
SOUTH LINE OF SAID NORTH HALF A DISTANCE OF 250.00 FEET;
THENCE N 00°09’19” W A DISTANCE OF 50.00 FEET;
THENCE S 89°38’21” W A DISTANCE OF 61.00 FEET;
THENCE N 00°09’19” W A DISTANCE OF 296.00 FEET;
THENCE N 89°38’21” E A DISTANCE OF 16.00 FEET;
THENCE N 00°09’19” W A DISTANCE OF 54.00 FEET TO A LINE PARALLEL WITH AND
30.00 FEET SOUTHERLY OF THE NORTH LINE OF THE SAID NORTHEAST QUARTER
OF SECTION 29, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF
WESTWARDHO DRIVE;
THENCE S 89°38’21” W ALONG SAID PARALLEL LINE A DISTANCE OF 205.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET EAST OF THE W EST LINE OF SAID
NORTHEAST QUARTER OF SECTION 29 AND THE NORTHWEST CORNER OF THAT
CERTAIN PARCEL OF LAND AS DESCRIBED IN SAID ‘GRANT OF EASEMENT AND
AGREEMENT’ RECORDED AUGUST 9, 2017 AS DOCUMENT NO. 2017-0327107;
THENCE S 00°09’19” E ALONG THE SAID PARALLEL LINE A DISTANCE OF 400.00 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 79,514.3 SQUARE FEET, (1.8254 ACRES), MORE OR LESS.
ATTACHMENT 2
21
EXHIBIT ‘A’
LEGAL DESCRIPTION
Page 2 of 4
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITY
PURPOSES OVER THE SOUTH 65.00 FEET OF THE EASTERLY 290.00 FEET OF THE
WESTERLY 320.00 FEET OF THE NORTH HALF OF THE SOUTHERLY 330.00 FEET OF
THE NORTHERLY 660.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN.
PARCEL B:
THAT CERTAIN PARCEL OF LAND LOCATED IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHERLY 660.00
FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHERLY 330.00 FEET OF SAID NORTHERLY 660.00 FEET;
THENCE N 89°38’21” E ALONG THE SOUTHERLY LINE OF SAID NORTH HALF A
DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF
THE WEST LINE OF THE SAID NORTHEST QUARTER OF SECTION 29, SAID PARALLEL
LINE ALSO BEING THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS
DESCRIBED IN ‘GRANT OF EASEMENT AND AGREEMENT’ RECORDED AUGUST 9,
2017 AS DOCUMENT NO. 2017-0327107;
THENCE N 00°09’19” W ALONG SAID PARALLEL LINE A DISTANCE OF 65.00 FEET;
THENCE N 89°38’21” E ALONG A LINE PARALLEL WITH AND 65.00 FEET NORTHERLY
OF THE SOUTH LINE OF SAID NORTH HALF A DISTANCE OF 250.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE N 00°09’19” W A DISTANCE OF 50.00 FEET;
THENCE S 89°38’21” W A DISTANCE OF 61.00 FEET;
THENCE N 00°09’19” W A DISTANCE OF 296.00 FEET;
THENCE N 89°38’21” E A DISTANCE OF 16.00 FEET;
THENCE N 00°09’19” W A DISTANCE OF 54.00 FEET TO A LINE PARALLEL W ITH AND
30.00 FEET SOUTHERLY OF THE NORTH LINE OF THE SAID NORTHEAST QUARTER
OF SECTION 29, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF
WESTWARDHO DRIVE;
THENCE N 89°38’21” E A DISTANCE OF 163.95 FEET TO A POINT ON THE WEST LINE
OF PARCEL ‘B’ OF PARCEL MAP NO. 18629 AS SHOWN BY MAP FILED FOR RECORD
IN BOOK 113 OF PARCEL MAPS, PAGES 54 THROUGH 55, INCLUSIVE, RECORDS OF
THE RIVERSIDE COUNTY RECORDER;
THENCE S 00°15’57” E ALONG SAID WEST LINE A DISTANCE OF 81.00 FEET;
THENCE S 89°38’21” W A DISTANCE OF 34.10 FEET;
22
EXHIBIT ‘A’
LEGAL DESCRIPTION
Page 3 of 4
THENCE S 00°09’19” E A DISTANCE OF 145.39 FEET;
THENCE S 10°36’06” W A DISTANCE OF 125.91 FEET;
THENCE S 89°38’21” W A DISTANCE OF 21.50 FEET;
THENCE S 00°09’19” E A DISTANCE OF 50.00 FEET TO A LINE PARALLEL WITH AND
65.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTH HALF;
THENCE S 89°38’21” W ALONG SAID PARALLEL LINE A DISTANCE OF 40.00 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 53,539.9 SQUARE FEET, (1.2291 ACRES), MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITY
PURPOSES OVER THE SOUTH 65.00 FEET OF THE EASTERLY 290.00 FEET OF THE
WESTERLY 320.00 FEET OF THE NORTH HALF OF THE SOUTHERLY 330.00 FEET OF
THE NORTHERLY 660.00 FEET OF THE NORTHWEST QUARTER OF THE NORT HWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN.
PARCEL C:
THAT CERTAIN PARCEL OF LAND LOCATED IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHERLY 660.00
FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHERLY 330.00 FEET OF SAID NORTHERLY 660.00 FEET;
THENCE N 89°38’21” E ALONG THE SOUTHERLY LINE OF SAID NORTH HALF A
DISTANCE OF 30.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF
THE WEST LINE OF THE SAID NORTHEST QUARTER OF SECTION 29, SAID PARALLEL
LINE ALSO BEING THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS
DESCRIBED IN ‘GRANT OF EASEMENT AND AGREEMENT’ RECORDED AUGUST 9,
2017 AS DOCUMENT NO. 2017-0327107 TO THE POINT OF BEGINNING;
THENCE CONTINUING N 89°38’21” E ALONG SAID SOUTHERLY LINE A DISTANCE OF
633.47 FEET TO ITS INTERSECTION WITH THE WEST LINE OF THE SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 29;
THENCE N 00°07’59” W ALONG THE SAID WEST LINE OF NORTHWEST QUARTER A
DISTANCE OF 165.00 FEET TO THE SOUTHEAST CORNER OF PARCEL 1 OF PARCEL
MAP NO. 18629 AS SHOWN BY MAP FILED FOR RECORD IN BOOK 113 OF PARCEL
MAPS, PAGES 54 AND 55, INCLUSIVE, RECORDS OF THE RIVERSIDER COUNTY
RECORDER;
23
EXHIBIT ‘A’
LEGAL DESCRIPTION
Page 4 of 4
THENCE S 89°38’21” W A DISTANCE OF 132.00 FEET ALONG THE SOUTH LINE OF SAID
PARCEL 1 OF PARCEL MAP NO. 18629 A DISTANCE OF 132.00 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL 1;
THENCE N 00°07’59” W ALONG THE SAID WEST LINE OF PARCEL 1 OF PARCEL MAP
NO. 18629 A DISTANCE OF 297.00 FEET TO THE A LINE PARALLEL WITH AND 33.00
FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION
29;
THENCE S 89°38’21” W ALONG SAID PARALLEL LINE A DISTANCE OF 132.69 FEET;
THENCE S 00°15’57” E A DISTANCE OF 78.00 FEET;
THENCE S 89°38’21” W A DISTANCE OF 34.10 FEET;
THENCE S 00°09’19” E A DISTANCE OF 145.39 FEET;
THENCE S 10°36’06” W A DISTANCE OF 125.91 FEET;
THENCE S 89°38’21” W A DISTANCE OF 21.50 FEET;
THENCE S 00°09’19” E A DISTANCE OF 50.00 FEET TO A LINE PARALLEL WITH AND
65.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTH HALF;
THENCE S 89°38’21” W ALONG SAID PARALLEL LINE A DISTANCE OF 290.00 FEET TO
A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID
NORTHEAST QUARTER OF SECTION 29;
THENCE S 00°09’19” E ALONG SAID PARALLEL LINE A DISTANCE OF 65.00 FEET TO
THE POINT OF BEGINNING;
CONTAINING 121,551.3 SQUARE FEET, (2.7904 ACRES), MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITY
PURPOSES OVER THE SOUTH 65.00 FEET OF THE EASTERLY 290.00 FEET OF THE
WESTERLY 320.00 FEET OF THE NORTH HALF OF THE SOUTHERLY 330.00 FEET OF
THE NORTHERLY 660.00 FEET OF THE NORTHWEST QUARTER OF THE NORT HWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH,
RANGE 7 EAST, SAN BERNARDINO MERIDIAN.
ALL SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND EASEMENTS OF
RECORD.
SEE EXHIBIT ‘B’ ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
NV5 INC.:
PREPARED BY ME OR UNDER MY DIRECTION:
___________________________________________
JAY S. FAHRION DATE
PLS 8207
24
PARCEL
'A'
PARCEL
'B'
PARCEL
'C'
(FORMALLY "46TH AVENUE")DUNE PALMS ROADWESTWARD HO DRIVE
T.P.O.B.
PARCEL 'B'
P.O.C.
ALL PARCELS
T.P.O.B.
PARCEL 'A'
P.O.B.
PARCEL 'C'
PREPARED FOR:DATE:SEPT. 2019CITY OF LA QUINTA
CITY OF LA QUINTA
LOT LINE ADJUSTMENT No. 2019- _____
EXHIBIT 'B'
42-829 COOK STREET, SUITE 104
760.341.3101 TEL 760.341.5999 FAX
PALM DESERT, CA 92211
WWW.NV5.COM
25
PREPARED FOR:DATE:SEPT. 2019CITY OF LA QUINTA
CITY OF LA QUINTA
LOT LINE ADJUSTMENT No. 2019- _____
EXHIBIT 'B'
42-829 COOK STREET, SUITE 104
760.341.3101 TEL 760.341.5999 FAX
PALM DESERT, CA 92211
WWW.NV5.COM
26