CC&Rs - PGA West Fairways 2015 - Signature (RREF II-CWC LaQ, LLC) - recordedway/ 443e.giaimrw
MEMORANDUM
TO: Frank J. Spevacek, City Manager
VIA: Les Johnson, Community Development Director
FROM: Monika Radeva, Executive Secretary ACAZ
DATE: March 25, 2015
RE: RREF II — CWC LaQ, LLC. Declaration of Covenants, Conditions, and
Restrictions Agreement
Attached for your signature is a Declaration of Covenants, Conditions, and Restricitions
Agreement between the City of La Quinta and RRFE II — CWC, LaQ, LLC. (assumed
from Crowne Pointe Partners, LLC.) for The Signature at PGA West project (formerly
Eden Rock; APN: 775-220-021).
Please sign and return both originals to the City Clerk for final distribution.
Requesting department shall check and attach the items below as appropriate:
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does
not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on 04/15/2008 date
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $ 25,000 max
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (initialed by Risk Manager on
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License (copy or note number & expiration date here_)
date)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
DOC # 2015-0126316
03/30/2015 01:52 PM Fees: $0.00
Page 1 of 32
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor, County Clerk & Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: MABRERA
(Space Above This Line for Recorder's Office Use Only)
(Exempt from Recording Fee per Gov. Code § 27383)
DECLARATION OF COVENANTSLCONDITIONSSAND RESTRICTIONS
This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
("Declaration") is entered into this )-Li "day of HA ti , 2015, by and between the
CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing
under the Constitution of the State of California ("City"), and RREF it — CWC LaQ, LLC, a
California limited liability company ("Developer").
RECITALS:
A. Developer is the fee owner of that certain real property located in the City of
La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A
attached hereto (the "Property").
B. Developer has obtained approval from City to develop and operate on the
Property a resort project with associated amenities (the "Project").
C. Pursuant to that certain Development Agreement entered into by and between
Developer's predecessor in interest, Crowne Pointe Partners, LLC, an Oregon limited liability
company ("Original Developer"), and City on or about August 18, 2008, which was recorded on
September 18, 2008, as Instrument No. 2008-0509913, in the Official Records of the County of
Riverside (the "Development Agreement"), as a condition to the approval of the Project and as
a condition to the City's issuance of any building permits for the Project, Developer is required to
have executed this Declaration and recorded it against the Property.
D. Original Developer assigned all of its right, title, interest and obligation in, to and
under the Development Agreement to Developer, and Developer assumed all of such right, title,
interest and obligation, pursuant to that certain Assignment and Assumption Agreement dated
as of March 24, 2014, and recorded on March 28, 2014, as Instrument No. 2014-0115107, in
the Official Records of the County of Riverside.
E. City has fee and/or easement interests in various streets, sidewalks, and other
property within the City (the "Benefited Public Property"), and is responsible for planning of
land uses within the City in such a manner as to provide for the health, safety, and welfare of
the residents of the City. The Benefited Public Property is legally described in Exhibit "B",
attached hereto and incorporated herein by this reference.
F. Developer and City desire to enter into this Declaration to bind the Property, and
all of the "Units" (as that term is defined in Section 1.1 below) thereon. The restrictions and
covenants herein shall be deemed to be included with and imposed as restrictions on the
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Property and on each and every conveyance of the (i) Property, and (ii) the Units without
express reference thereto in the deed evidencing such conveyances.
DECLARATION
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and
promises hereinafter contained, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, City and Developer agree, on behalf of
themselves and the successors and assigns of Developer, including, but not limited to, the
owners of the Units (each, an "Owner," and collectively, the "Owners") including for the benefit
of City, as follows:
1. Restrictive Covenant.
1.1 Project Accommodations. The Project includes two hundred thirty (230)
resort units (each, a "Unit," and collectively, the "Units"), and related amenities. The Units are
described as follows:
(i) Approximately One Hundred (100) of the Units (the "Villas") shall be
constructed in thirty (30) structures containing two (2), three (3) or four (4) Units each. Each of
the Villas shall be condominiums.
(ii) Approximately sixty-six (66) of the Units (the "Haciendas") shall be
constructed in twenty-four (24) one-story structures and forty-two (42) two-story structures.
Each of the Haciendas shall be single family detached homes.
(iii) Approximately sixty-four (64) of the Units (the "Estates") shall be
constructed in twenty (20) one-story structures and forty-four (44) two-story structures. Each of
the Estates shall be single family detached homes.
1.2 Recordation of Covenants, Conditions and Restrictions. Prior to, and as
a condition of, the City's issuance of a fine grading permit for the first Unit in the Project, the
Developer shall submit to the City, and shall, prior to, and as a condition of, the City's issuance
of a temporary or final certificate of occupancy for the first Unit in the Project, obtain City's
approval of, and record, covenants, conditions and restrictions against the Property which, in
addition to the obligations set forth in the Conditions of Approval, (i) shall provide for
establishment of a homeowner's association for the Project (the "Association"); (ii) is
necessary to create a residential subdivision of one hundred thirty (130) single family homes
and one hundred (100) condominiums, as described and as shown on the final subdivision map
for Tract 36537 and one or more condominium plans, as defined in California Civil Code Section
4120 (each, a "Condominium Plan"), to be recorded in accordance with all applicable laws;
and (iii) discloses to the Owners of the Units the requirement set forth in Section 1.3 below that
the Owners pay to the City a transfer payment upon the sale, transfer, or conveyance of their
Unit (the "Developer CC&Rs"). The Developer CC&Rs shall provide that the City is a third
party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which
are set forth in this Section 1.2, and shall require the written approval of the City prior to any
amendments thereto to the provisions thereof which are set forth in this Section 1.2. If the
California Bureau of Real Estate ("CaIBRE") refuses to approve the Developer CC&Rs in the
form approved by the City, and the Developer has used all reasonable efforts to obtain the
approval, the City and the Developer shall negotiate in good faith to develop equivalent
protection of the City's interests in this Declaration. Such equivalent protections shall be subject
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to the approval of both the City and the Developer. Agreement upon the equivalent protection
shall be necessary in order for the issuance of any certificates of occupancy for the Units.
1.3 Transfer Payment Due on Sale of Unit. Each Owner of a Unit shall be
required to pay to the City, concurrently with such Owner's grant, assignment, transfer, or
conveyance to, or vesting in, a purchaser or purchasers, or any other person or persons, by
such purchaser or purchaser's direction, of the Owner's Unit, or any interest therein, when the
consideration or value of the Unit or interest conveyed (exclusive of the value of any lien or
encumbrance remaining thereon at the time of sale) exceeds One Hundred Dollars ($100), a
payment (each such payment a "Transfer Payment") in the amount of 0.55 of one percent
(.55%) of the total sales price of the Unit or interest therein, with the amount of such
consideration verified by the City. At the time the Owner submits the applicable Transfer
Payment to the City, the Owner shall include therewith a copy of the Final HUD Settlement
Statement prepared by the escrow officer handling the closing for such Unit, if such grant,
transfer, assignment, or conveyance is handled through an escrow, or such other similar
documentation in the event the grant, transfer, assignment, or conveyance is not being handled
through an escrow, for purposes of City's verification of the required Transfer Payment amount.
Said escrow officer is hereby instructed, and the Owner shall further provide instruction to him
or her, to pay to the City the applicable Transfer Payment out of the consideration paid or to be
paid to the Owner for the Unit or interest therein, concurrently with the grant, transfer,
assignment or conveyance of the Unit. Developer, on behalf of itself and its successors and
assigns, including, without limitation, the Owners of the Units, acknowledges and agrees that
the parties intend that an obligation to pay a Transfer Fee arises in any instance in which there
is an obligation to pay documentary transfer tax, as set forth in Revenue and Taxation Code
Section 11901 et seq (the "Documentary Transfer Tax Law"), as the Documentary Transfer
Tax Law exists as of the "Effective Date" (as that term is defined in Section 2 below). A copy of
the current Documentary Transfer Tax Law is attached hereto and incorporated herein as
Exhibit "C".
For example, if an Owner sells his or her Unit for a sales price of $500,000, the Owner shall pay
to the City a Transfer Payment in the amount of $2,750.
The City and Developer shall record, concurrently with the recordation hereof, an instrument
titled "Payment of Transfer Fee Required," the form of which is attached hereto and
incorporated herein as Exhibit "D". Each grant deed pursuant to which Developer shall transfer
a Unit to a third party purchaser shall make reference to this Section 1.3 and shall recite the
terms hereof.
2. Term. This Declaration shall become effective on the date on which it is
recorded with the Riverside County Recorder's Office (the "Effective Date") and shall continue
in full force until the earlier to occur of (i) the date on which the City permanently revokes the
certificate of occupancy for one or more Units or for the Project; provided, however, that in such
event this Declaration shall cease to be effective only as to the Unit(s) or portions of the Project
for which the certificate of occupancy has been revoked, and all other Units and portions of the
Project shall continue to remain subject to this Declaration; or (ii) termination of this Declaration
by written agreement of Developer (or its successor or assign, as applicable) and the City.
3. Covenants Running With the Land. Developer declares that the Property and all
of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and
occupied subject to the provisions of this Declaration, all of which are declared to be in
furtherance of and for the benefit of the Units and to comply with the Conditions of Approval.
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Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the
Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as
equitable servitudes on each of the Units for the benefit of Developer and Developer's
successors and assigns and the City, and (!i) shall run with the land and be binding upon and
inure to the benefit of the Benefited Public Property and each of the Units and each and every
portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in
the Units or any portion thereof, and their successors and assigns.
4. Assessment Appeals. Developer agrees on behalf of itself, and on behalf of all
persons or entities that may own an interest in the Property or in the Units in the future, that
during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or
otherwise negate the Transfer Payments required to be made to the City pursuant to the terms
of this Declaration.
5. Default; Remedies; Dispute Resolution.
5.1 Notice of Default. In the event of failure by Developer, the Association, or
the Owners of Units to perform any material term or provision of this Declaration, the City shall
have those rights and remedies provided herein, provided that the City has first provided to the
defaulting party a written notice of default in the manner required by Section 6.1 hereof
identifying with specificity the nature of the alleged default and the manner in which said default
may satisfactorily be cured,
5.2 Cure of Default. Upon the receipt of the notice of default, the defaulting
party shall promptly commence to cure, correct, or remedy the identified default at the earliest
reasonable time after receipt of the notice of default and shall complete the cure, correction or
remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary
defaults] after receipt of the notice of default, or, for such non -monetary defaults that cannot
reasonably be cured, corrected or remedied within thirty (30) days, the defaulting party shall
commence to cure, correct, or remedy such default within such thirty (30) day period, and shali
continuously and diligently prosecute such cure, correction or remedy to completion.
5.3 City Remedies. In the event of an uncured default by Developer, its
successors in interest, the Association, or the Owners of the Units of the terms of this
Declaration, the City, at its option, may institute legal action in law or in equity to cure, correct,
or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of
this Declaration.
6. Miscellaneous.
6.1 Notices. Any notices, demands or other communications required or
permitted to be given by any provision of this Declaration or which any party may desire to give
the other shall be given in writing, delivered personally or sent by certified mail, postage
prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and
date of delivery, addressed to a party, at the addresses set forth below, or to such other address
as said party may hereafter or from time to time designate by written notice to the other party.
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To Agency:
With a copy to:
To Developer:
With a copy to:
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Phone No.: 760-777-7100
Facsimile No.: 760-777-7101
Attention: City Manager
Rutan & Tucker, LLP
611 Anton, Suite 1400
P.O. Box 1950
Costa Mesa, California 92628
Phone No.: 714-641-5100
Facsimile No.: 714-546-9035
Attention: M. Katherine Jenson, Esq.
RREF 11— CWC LaQ, LLC
5927 Priestly Dr., Suite 100
Carlsbad, California 92008
Facsimile No.: (760) 918-6749
Attention: Donald W. Fontana
Songstad Randall Coffee & Humphrey LLP
2201 Dupont Dr., Suite 100
Irvine, California 92612
Facsimile No.: (949) 757-1613
Attention: Timothy L. Randall, Esq.
Notice given by United States Postal Service or delivery service as provided
herein shall be considered given on the earlier of the date on which said notice is actually
received by the party to whom such notice is addressed, or as of the date of delivery, whether
accepted or refused, established by the United States Postal Service return receipt or such
overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall
be deemed given upon receipt of the same by the party to which it is addressed.
6.2 Force Maieure. In addition to specific provisions of this Declaration,
performance by either party hereunder shall not be deemed to be in default where delays or
failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine
restrictions, freight embargoes, governmental restrictions imposed or mandated by other
governmental entities, governmental restrictions or priority, unusually severe weather, inability
to secure labor, materials, or tools necessary for the Project, delays of any contractor,
subcontractor or supplier; acts of another party, acts or the failure to act of any public or
governmental agency or entity (except that acts or the failure to act of the City or the Agency
shall not excuse performance by the City) or any other causes beyond the control or without the
fault of the party claiming an extension of time to perform. An extension of time for -any such
cause shall only be for the period of the enforced delay, which period shall commence to run
from the time of the commencement of the cause, if notice by the party claiming such extension
is sent to the other party within thirty (30) days of the commencement of the cause. Times of
performance under this Declaration may also be extended in writing by the City and the
Developer.
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Notwithstanding the paragraph above, Developer is not entitled pursuant to this
Section 7.2 to an extension of time to perform because of past, present, or future difficulty in
obtaining suitable construction or permanent financing for the development or operation of the
Project, or because of economic or market conditions.
6.3 Books and Records, Upon not less than forty-eight (48) hours written
notice to Developer (or its successor or assigns), Developer shall make available to City for
inspection and copying the books and records of Developer pertaining to the Project which are
relevant to an audit by the City of Developer or its successor in interest's compliance with the
terms of this Declaration.
6.4 Developer's Limitation on Damages. Developer covenants on behalf of
itself and its successors and assigns, including the Owners of the Units, not to sue the City for
damages or monetary relief for any claim arising out of or connected with any dispute,
controversy, or issue between Developer and City regarding this Declaration or any of the
matters referred to herein including but not limited to any of the payments required to be made
hereunder.
6.5 Mortgagee Protection. No portion of this Declaration or any
amendment or violation hereof shall operate to defeat or render invalid, in whole or in part, the
rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust
encumbering any portion of the Property; provided that, after foreclosure of any such mortgage
or deed of trust, the property foreclosed shall remain subject to this Declaration.
6.6 Governing Law. This Declaration shall be governed by the internal laws of
the State of California, without regard to conflict of law principles.
6.7 interpretation; Incorporation. This Declaration shall be interpreted to give
each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are
incorporated into the Declaration.
6.8 Language Construction. Designations used herein are for convenience
only and shall not be controlling in the interpretation of this Declaration.
6.9 Amendment. This Declaration may only be amended pursuant to a
written amendment, executed by Developer (or its successor or assign) and City, and recorded
in the Office of the Recorder of Riverside County, California.
6.10 Counterparts. The parties may execute this Declaration in counterparts.
Each counterpart shall be deemed an original instrument as against any party who has signed
it.
6.11 Successors and Assigns. All of the terms, covenants and conditions of
this Declaration shall be binding upon the Developer and its permitted successors and assigns.
Whenever the term "Developer" is used in this Declaration, such term shall include any other
permitted successors and assigns as herein provided.
6.12 No Waiver. A waiver by either party of a breach of any of the covenants,
conditions or agreements under this Declaration to be performed by the other party shall not be
construed as a waiver of any succeeding breach of the same or other covenants, agreements,
restrictions or conditions of this Declaration.
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6.13 Severabilitv. If any term, provision, condition or covenant of this
Declaration or its application to any party or circumstances shall be held, to any extent, invalid
or unenforceable, the remainder of this Declaration, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the
fullest extent permitted by law.
6.14 Time of Essence. Time is expressly made of the essence with respect to
the performance by the City and the Developer of each and every obligation and condition of
this Declaration.
6.15 Non -Liability of Officials and Employees of the City. No member, official
or employee of the City shall be personally liable to the Developer, or any successor in interest,
in the event of any default or breach by the City or for any amount which may become due to
the Developer or its successors, or on any obligations under the terms of this Declaration.
6.16 Attorneys' Fees. In any action between the parties to interpret, enforce,
reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this
Declaration, the prevailing party in the action shall be entitled, in addition to damages, injunctive
relief, or any other relief to which it might be entitled, reasonable costs and expenses including,
without limitation, litigation costs, reasonable attorneys' fees and expert witness fees.
[signatures on next page]
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-7
IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the
date written above.
ATTEST:
City Clerk Susan M•, se1s
APPROVED AS TO FORM
RUTN $ TUCKER, LLP
Allison LaMoine-Bui
Deputy City Attorney
La Quinta, California
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"CITY"
CITY OF LA QUINTA,
a Calif '. municipal c•__- --tion
Frank J. ' - , Cit Manager
City of La Quinta, California
"DEVELOPER"
RREF II — CWC LaQ, LLC, a California limited
liability company
By: California West Construction, Inc.,
a California corporation, Its Authorized
Agent
-8-
By:
Donald W. Fontana, President
IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the
date written above.
ATTEST:
SIGNED IN COUNTERPART
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
SIGNED IN COUNTERPART
City Attorney
882/015610-0096
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"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By: SIGNED IN COUNTERPART
City Manager
"DEVELOPER"
RREF II — CWC LaQ, LLC, a California limited
liability company
By: California West Construction, Inc.,
a California corporation, Its Authorized
Agent
-8-
By:
Donald W. Forltal President
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On March Ve , 2015 before me, SUSAN MAYSELS, Notary Public, personally appeared
FRANK J. SPEVACEK who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument, and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
SUSAN`MAYSELS
Commission # 2017258 r.
Notary.Pubhc California
Riverside County
My' Comm. Expires Apr'13, 2017
(notary seal)
DOCUMENT:
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS re: APN 775-
220-021 (Eden Rock), owner: RREF II — CWC LaQ, LLC.
A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
ss.
COUNTY OF San Diego )
On _ March 4 , , 2015, before me, M. K . Stuckey
Notary Public, personally appeared nnn a i d W _ Font any
, who proved to me on the basis of satisfactory evidence to be the
person() whose name() is/ap subscribed to the within instrument and acknowledged to me
that he/s' e/t y/executed the same in his/41011k authorized capacity(i4) and that by
his/h' r/thlf it si nature() on the instrument the person(?, or the entity upon behalf of which the
person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
z
882/015610-0096
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M. K. STUCKEY
Commission # 1933217
Notary Public - California z
San Diego County
My Comm. Expires May 16, 2015
-9-
Notary Public 1
DOC #2015-0126316 Page 12 of 32 03/30/2015 01:52 PM
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36537-1 AS SHOWN BY MAP ON FILE IN BOOK 442 AT PAGES 55 THROUGH
63, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ("TRACT NO.
36537-1"), EXCLUDING THEREFROM LOTS 97 AND T OF TRACT NO. 36537-1, AND
TRACT NO. 36537-2 AS SHOWN BY MAP ON FILE IN BOOK 443 AT PAGES 38 THROUGH
43, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ("TRACT NO.
36537-2")
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EXHIBIT "A"
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EXHIBIT B
LEGAL DESCRIPTION OF BENEFITED PUBLIC PROPERTY
[see following documents]
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EXHIBIT "B"
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CIVIC CENTER CAMPUS
DESCRIPTION
The land referred to in this report is situated in the County of Riverside, State of
California, and is described as follows:
PARCEL 1:
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range. 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:
Beginning at a point on the North line of said Northeast quarter of the Southwest
quarter which bears South 89°47'20" West, 966.90 feet from the centerline of said
Section 6;
thence South 00°12'30" East, 632.10 feet parallel with the West line of said Northeast
quarter of the Southwest quarter to the North line of Lot "H1' being also the North
line of Avenida La Fonda, as shown on the map of the Desert Club Tract No. 2, recorded
in Book 20 Page 6 of Maps, in the 0fficie of the County Recorder of said County;
thence South 89°45'30" West, 230.00 feet on the North line of said Lot "H";
thence North 72°53'30" West, 74.59 feet on the North line of said Lot "H";
thence on a curve concave to the Southwest on the Northerly line of said Lot "H"
having a radius of 197.50 feet through an angle of 17°16'00", 59.52 feet to the West
line of said Northeast quarter of the Southwest quarter of Section 6;
thence North 00°12'30" West, 601.30 feet on the West line of said Northeast quater of
the Southwest quarter of Section 6 to the Northwest corner of said Northwest quarter
of the Southwest quarter of Section 6;
thence North 89°47'20" East, 360.00 feet on the North line of said Northeast quarter
of the Southwest quarter of Section 6, to the point of beginning.
EXCEPT the North 30.00 feet.
PARCEL 2:
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:
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EXHIBIT "B"
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Beginning at a point on the North line of said Northeast quarter of the Southwest
quarter which bears South 89°47'20" West, 706.90 feet from the center of said Section
6;
thence South 00°22'30" East, 631.96 feet parallel with the West line of the said
Northeast quarter of the Southwest quarter to the North line of Lot "N" being also the
North line of Avenida La Fonda, as shown on a map of The Desert Club Tract No. 2,
recorded in Book 20, Page 6 of Maps, in the Office of the County Recorder of said
County;
thence South 89°45'30" West 260.00 feet on the North line of said Lot "N";
thence North 00°12'30" West, 632.10 feet parallel with the West line of said Northeast
quarter of the Southwest quarter of the North line of said Northeast quarter of the
Southwest quarter;
thence North 89°47'20" East, 260.00 feet on the North line of the said Northeast
quarter of the Southwest quarter of Section 6, to the point of beginning.
EXCEPT the North 30.00 feet.
PARCEL 3:
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:
Beginning at the center of said Section 6;
thence South 00°09'30" East, 631.58 feet on the quarter section line to the North line
of Lot "N", being also the North line of Avenida La Fonda, as shown by map of the
Desert Club No. 2, recorded in Book 20, Page 6 of Maps, in the Office of the County
Recorder of said County;
thence South 89°45'30" West, 706.35 feet;
thence North 00°12'30" West, 631.96 feet to the North line of said Northeast corner of
the Southwest quarter;
thence North 89°47'20" East, 706.90 feet on the North line of said Northeast quarter
of the Southwest quarter to the point of beginning.
EXCEPT that portion described in deed from John L. Marshall and wife, recorded
December 7, 1931 in Book 6, Page 109 of Official Records as as Instrument No. 328.
ALSO EXCEPT the North 30.00 feet.
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FIRE STATIQN
The following described real property is situated in the City of
La Quinta, County of Riverside, State o' C^'.=fornia.
That portion of the northeast one -quarter of •Section 16, Township 6
South - Range 7 East, San Bernardino Meridian, in the City of La
Quinta, County of Riverside, State of California, described as
follows:
Commencing at the northeast quarter of Section 16 as shown on a Record
of Survey, filed in Book 70, pages 96 through 98 inclusive, of Records
of Survey, in the office of the County Recorder, of said County, said
point also being the centerline intersection of 54th Avenue and
Madison Street;
Thence South 89° 03' 03" West along the centerline of 54th Avenue, a
distance of 460.00 feet;'
Thence South 00° 56' 57" East at right angles to the centerline of
54th Avenue, a distance of 50J0 feet to a point on the southerly
right of way line of 54th Avenue, said point being the point of
beginning;
Thence North 89° 03' 03" East along the southerly right of
way line of 54th Avenue, a distance of 383.96 feet;
Thence South 46° 43' 50" East a distance of 32.08 feet to
a point on the westerly right of way line of Madison Street,
and said point located 55.00 feet from the centerline of
Madison Street;
Thence South 02° 30' 40" East along the westerly right of way
line of Madison Street, a distance of 272.10 feet;
Thence West a distance of 12.00 feet to the beginning of a
tangent curve, concave south easterly and having a radius of
38.00, through a central angle of 90° 00' 00", an arc distance
of 59.69 feet;
Thence West a distance of 80.92feet, to a point of a curve,
concave southwesterly and having a radius of 174.00 feet,
through a central angle of 28° 29' 56", an arc distance of
86.55 feet;
Thence North 45° 00' 00" West, a distance of 264.41 feet to the
beginning of a tangent curve, concave southwesterly and having
a raduus of 242.69 feet, through a central angle of 16° 51'
26", an arc distance of 71.40 feet;
Thence North 00° 56' 57" West, a distance of 22.50'feet to the
point of beginning.
Consists of 1.954 Acres.
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ADJACENT STREETS:
Streets, sidewalks, and all other public improvements contained within the following portions of
public right of way:
The portion of Avenue 54 located between Jefferson Street and Madison Street;
The portion of Madison Street located between Avenue 54 and Avenue 58;
The portion of Avenue 58 located between Madison Street and the Jefferson Street alignment.
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EXHIBIT C
DOCUMENTARY TRANSFER TAX LAW
[See following document]
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DOCUMENTARY TRANSFER TAX ACT
§ 11901. Short title
This act is known and may be cited as the "Documentary Transfer Tax Act."
(Added by Stats.1967, c. 1332, p. 3162, § 1, operative, Jan. 1, 1,968. Amended by
Stats,1968, c. 17, p. 160, § 3, eff. April 9, 1968, operative July 1, 1968.)
§ 11902. County defined
"County" shall include a city and county.
(Formerly § 11903, added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.
Renumbered § I1902 and amended by Stats,1968, c. 17, p. 160, § 5, eff. April 9. 1968,
operative July 1, 1968.)
§ 11903. Recorder defined
"Recorder" means the recorder of a county.
(Formerly § 11904, added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.
Renumbered § 11903 and amended by Stais,1968, c. 17, p. 161, § 6. eff. April 9, 1968,
operative July 1, 1968.)
§ 11911. Imposition; Instruments subject to tax; consideration or value of
property; rate; credits
(a) The board of supervisors of any county or city and county, by an
ordinance adopted pursuant to this part, may impose, on each deed, instru-
ment, or writing by which any lands, tenements, or other realty sold within the
county shall be granted, assigned, transferred, or otherwise conveyed to, or
vested in, the purchaser or purchasers, or any other person or persons, by his
or their direction, when the consideration or value of the interest or property
conveyed (exclusive of the value of any lien or encumbrance remaining thereon
at the time of sale) exceeds one hundred dollars ($100) a tax at the rate of fifty-
five cents ($0.55) for each five hundred dollars ($500) or fractional part thereof.
(b) The legislative body of any city which is within a county which has
imposed a tax pursuant to subdivision (a) may, by an ordinance adopted
pursuant to this part, impose, on each deed, instrument, or writing by which
any lands, tenements, or other realty sold within the city shall be granted,
assigned. transferred, or otherwise conveyed to, or vested in, the purchaser or
purchasers, or any other person or persons, by his or their direction, when the
consideration or value of the interest or property conveyed (exclusive of the
value of any lien or encumbrance remaining thereon at the time of sale)
exceeds one hundred dollars ($100), a tax at the rate of one-half the amount
specified in subdivision (a) for each five hundred dollars ($500) or fractional
part thereof.
(c) A credit shall be allowed against the tax imposed by a county ordinance
pursuant to subdivision (a) for the amount of any tax due to any city by reason
of an ordinance adopted pursuant to subdivision (b). No credit shall be
allowed against any county tax for a city tax which is not in conformity with
this part.
(Added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.)
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§ 11911.1. Tax roll parcel number
Any ordinance which imposes the documentary transfer tax may require that
each deed, instrument or writing by which lands, tenements, or other realty is
sold, granted, assigned, transferred, or otherwise conveyed, shall have noted
upon it the tax roll parcel number. The number will be used only for
administrative and procedural purposes and will not be proof of title and in the
event of any conflicts, the stated legal description noted upon the document
shall govern. The validity of such a document shall not be affected by the fact
that such parcel number is erroneous or omitted, and there shall be no Iiability
attaching to any person for an error in such number or for omission of such
number.
(Added by Stats.1971, c. 102. p. 132. § 4, cif. May 25, 1971.)
§ 11912. Persons required to pay tax
Any tax imposed pursuant to Section 1 191 1 shall be paid by any person who
makes, signs or issues any document or instrument subject to the tax, or for
whose use or benefit the same is made, signed or issued.
(Added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.)
§ 11913. Mobilehome installed on a foundation system
The transfer of any mobilehome installed on a foundation system, pursuant to
Section 18551 of the Health and Safety Code, and subject to local property
taxation shall be subject to this part.
(Added by Stats.1979, c. 1160, p. 4360, § 11.)
§ 11921. Instrument securing debt
Any tax imposed pursuant to this part shall not apply to any instrument in
writing given to secure a debt.
(Added by Stats.1967. c. 1332, p. 3162, § 1, operative Jan. 1, 1968.)
§ 11922. Instruments of United States, state, territory or political subdivi-
sion, etc.
Any deed, instrument or writing to which the United States or any agency or
instrumentality thereof, any state or territory, or political subdivision thereof, is
a party shall be exempt from any tax imposed pursuant to this part when the
exempt agency is acquiring title.
(Added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968. Amended by
Stats,1969, e. 1102, § 1: Stats.1969, c. 1108, § 1.)
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§ 11923. Conveyances under reorganization or adjustment plans
(a) Any tax imposed pursuant to this part shall not apply to the making,
delivering, or filing of conveyances to make effective any plan of reorganization
or adjustment that is any of the following:
(1) Confirmed under the Federal Bankruptcy Code,' as amended.
(2) Approved in an equity receivership proceeding in a court involving a
railroad corporation, as defined in Section 101 of Title 11 of the United States
Code, as amended.
(3) Approved in an equity receivership proceeding in a court involving a
corporation, as defined in Section 101 of Title 11 of the United States Code, as
amended.
(4) Whereby a mere change in identity, form, or place of organization is
effected.
(b) Subdivision (a) shall only apply if the making, delivery, or filing of
instruments of transfer or conveyances occurs within five years from the date of
the confirmation, approval, or change.
(Added by Stats.1967. c. 1332, p. 3162, § 1, operative San. 1, 1968. Amended by
Stats.2006, c. 538 (S.B.1852), § 620; Stats.2009, c. 500 (A.B.1059), § 59.)
'See 11 U.S.C.A. § 101 et seq.
§ 11924. Conveyances under order of securities and exchange commission
Any tax imposed pursuant to this part shall not apply to the making or
delivery of conveyances to make effective any order of the Securities and
Exchange Commission, as defined in subdivision (a) of Section 1083 of the
Internal Revenue Code of 1954;but only if —
(a) The order of the Securities and Exchange Commission in obedience to
which such conveyance is made recites that such conveyance is necessary or
appropriate to effectuate the provisions of Section 79k of Title 15 of the United
States Code, relating to the Public Utility Bolding Company Act of 1935; a
(b) Such order specifies the property which is ordered to be conveyed;
(c) Such conveyance is made in obedience to such order.
(Added by Stats.1967, c. 1332, p. 3162, § 1, operative San. 1, 1968.)
§ 11925. Transfer of certain partnership property
(a) In the case of any realty held by a partnership or other entity treated as a
partnership for federal income tax purposes, no levy shall be imposed pursuant
to this part by reason of any transfer of an interest in the partnership or other
entity of otherwise, if both of the following occur:
(I) The partnership or other entity treated as a partnership is considered a
continuing partnership within the meaning of Section 708 of the Internal
Revenue Code of 1986.'
(2) The continuing partnership or other entity treated as a partnership
continues to hold the realty concerned.
(b) If there is a termination of any partnership or other entity treated as a
partnership for federal income tax purposes, within the meaning of Section 708
of the Internal Revenue Code of 1986, for purposes of this part, the partnership
or other entity shall be treated as having executed an instrument whereby there
was conveyed, for fair market value (exclusive of the value of any lien or
encumbrance remaining thereon), all realty held by the partnership or other
entity at the tirne of the termination.
(c) Not more than one tax shall be imposed pursuant to this part by a county,
city and county or city by reason of a termination described in subdivision (b),
and any transfer pursuant thereto, with respect to the realty held by a partner-
ship or other entity treated as a partnership at the time of the termination.
(d) No levy shall be imposed pursuant to this part by reason of any transfer
between an individual or individuals and a legal entity or between legal entities
that results solely in a change in the method of holding tide to the realty and in
which proportional ownership interests in the realty, whether represented by
stock, membership interest, partnership interest, cotenancy interest, or other-
wise, directly or indirectly, remain the same immediately after the transfer.
(Added by Stats.1967, c. 1332, p. 3162, § 1, operative .Ian. 1, 1968. Amended by
Stats.1999, c. 75 (A.B.1428), § 1.)
26 U.S.C.A. § 708.
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§ 11926. Inapplicability to deed instrument or writing to beneficiary or
mortgagee taken in lieu of foreclosure; exception; notations
required on deed, etc., affidavit
Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or writing to a beneficiary or mortgagee, which is taken from
the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that
such tax shall apply to the extent that the consideration exceeds the unpaid
debt, including accrued interest and cost of foreclosure. Consideration, unpaid
debt amount and identification of grantee as beneficiary or mortgagee shall be
noted on said deed, instrument or writing or stated in an affidavit or declara-
tion under penalty of perjury for tax purposes.
(Added by Stats.1971, c. 417, p, 804, § 1. Amended by Stats.1973, c. 645, p. 1188, § 1;
Stats.1974, c. 413, p. 1003, § I.)
§ 11927. Deed, instrument or other writing which purports to transfer,
divide or allocate property assets between spouses under judg-
ment of dissolution of marriage, separation or agreement in
contemplation of judgment or order
(a) Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or other writing which purports to transfer, divide, or
allocate community, quasi -community, or quasi -marital property assets be-
tween spouses for the purpose of effecting a division of community, quasi -
community, or quasi -marital property which is required by a judgment decree-
ing a dissolution of the marriage or legal separation, by a judgment of nullity,
or by any other judgment or order rendered pursuant to the Family Code, or by
a written agreement between the spouses, executed in contemplation of any
such judgment or order, whether or not the written agreement is incorporated
as part of any of those judgments or orders.
(b) In order to qualify for the exemption provided in subdivision (a), the
deed, instrument, or other writing shall include a written recital, signed by
either spouse, stating that the deed, instrument, or other writing is entitled to
the exemption.
(Added by Stats.1981, c. 985, p. 3821, § 1. Amended by Stats.1992, c. 163 (A.B.2641),
§ 133, operative Jan. 1, 1994.)
§ 11928. Deed, instrument or other writing for conveyance of realty by
state or political subdivision or agency with agreement for
purchaser to reconvey
Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or other writing by which realty is conveyed by the State of
California, any political subdivision thereof, or agency or instrumentality of
either thereof, pursuant to an agreement whereby the purchaser agrees to
immediately reconvey the realty to the exempt agency.
(Added by Stats.1987, c. 301, § 1.)
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§ 11929. Deed, instrument, or other writing for conveyance by state, politi-
cal subdivision or agency of realty financed by obligations
issued by nonprofit corporation
Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or other writing by which the State of California, any
political subdivision thereof, or agency or instrumentality of either thereof,
conveys to a nonprofit corporation realty the acquisition, construction, or
improvement of which was financed or refinanced by obligations issued by the
nonprofit corporation on behalf of a governmental unit, within the meaning of
Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.
(Added by Stats.1987, c. 301, § 2.)
§ 11930. Inter vivos gifts or death; transactions for lands, tenements, or
realty, or interests therein
Any tax imposed pursuant to this part shall not apply to any deed, instru-
ment, or other writing which purports to grant, assign, transfer, convey, divide,
allocate, or vest lands, tenements, or realty, or any interest therein, if by reason
of such inter vivos gift or by reason of the death of any person, such lands,
tenements, realty, or interests therein are transferred outright to, or in trust for
the benefit of, any person or entity.
(Added by Stats.1996, c. 862 (A.B.2751), § 48.)
§ 11931. Credit against county tax
If the legislative body of any city imposes a tax pursuant to subdivision (b) of
Section 11911 equal to one-half the amount specified in subdivision (a) of
Section 11911, the county in which such city is located shall grant a credit
against the county tax in the amount of the city tax if the city's tax conforms to
this part. The county shall collect all taxes imposed pursuant to this part and
the county auditor shall allocate the proceeds as follows:
(1) All money which relates to transfers of real property located in unincor-
porated areas of the comity or in a city and county shall be allocated to the
county or city and county, as the case maybe.
(2) All money which relates to transfers of real property located in a city
which imposes a tax on transfers of real property pursuant to this part shall be
allocated one-half to such city and one=half to the county.
(3) All money which relates to transfers of real property located in a city
which imposes a tax on transfers of real property not in conformity with this
part shall not be credited against the county tax and the entire amount
collected by the county shall be allocated entirely to the county.
(4) All money which relates to transfers of real property in a city which does
not impose a tax on transfers of real property shall be allocated entirely to the
county.
(Formerly § 11932, added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.
Renumbered § 11931 and amended by Stats.1968, c. 17, p. 161, § 8, eff. April 9, 1968,
operative July 1, 1968.)
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§ 11932. Submission of.documents subject to tax for recordation; facts to be shown
If a county has imposed a tax pursuant to this part, every document subject to tax that is
submitted for recordation shall show on the face of the document the amount of tax due and
the incorporated or unincorporated location of the lands, tenements, or other realty described
in the document. * x * •
(Added by Stats.1968, c. 17, p. 161, § 9, eff. April 9, 1968, operative July 1, 1968. Amended
by Stats.2014, c. 20 (A.B.1888), § 1, eff. Jan. 1, 2015.)
§ 11933. Payment 'of tax as prerequisite to recording
If a county has imposed a tax pursuant to this part, the recorder shall not record any deed,
instrument, or writing subject to the tax imposed pursuant to this part, unless the tax is paid
at :the time of recording. A declaration of the amount of tax due, signed by the party
determining the tax or his or her agent, shall appear on the face of the document ' ' * in
compliance with Section 11932, and the recorder may rely * * * on that declaration if the
recorder has no reason to believe that the full amount of the tax due has not been paid. The
declaration shall include a statement that the consideration or value on which the tax due was
computed either was, or * * .r was not, exclusive of the value of a lien or encumbrance
remaining on the interest or property conveyed at the time of sale. Failure to collectthe tax
due ' shall not affect the constructive notice otherwise imparted by recording a deed,
instrument, or writing.
(Added by Stats.1968, c. 17, p. 161, § 11, eff. April 9, 1968, operative July 1, 1968. Amended
by Stats.1969, c. 1102, § 2; Stats.2014, c. 20 (A.B.1888), § 2, eff. Jana 1, 2015.)
§ 11934. Claims for refunds; law governing
Claims for refunds of taxes imposed pursuant to this part shall be governed
by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of
Division 1 of this code.
(Formerly § 11935, added by Stats.1967, c. 1332, p. 3165, § 1, operative, Jan. 1, 1968.
Renumbered § 11934 and amended by Stats.1968, c. 17, p. 162, § 13, eff. April 9, 1968,
operative July 1, 1968.)
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§ 11935. Dispute resolution through administrative appeal process; valua-
tion of property
(a) Any ordinance adopted pursuant to this part may include an administra-
tive appeal process for resolution of disputes related to the documentary
transfer tax.
(b) Whether the amount of documentary transfer tax is determined by an
administrative appeal process or established by a court of law, the value of the
property established for purposes of determining the amount of documentary
transfer tax due shall not be binding on the determination of the value of that
property for property tax purposes by the county assessor, by an assessment
appeals board, or by a court of law reviewing property tax values established by
an assessment appeals board.
(Added by Stats.2009, c. 622 (S.B.816), § 6.)
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EXHIBIT D
FORM OF PAYMENT OF TRANSFER FEE REQUIRED
[See following document]
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
(Space Above This Line for Recorder's Office Use Only)
(Exempt from Recording Fee per Gov. Code § 27383)
PAYMENT OF TRANSFER FEE REQUIRED
Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title
companies, and other persons: A document imposing a requirement to pay a transfer
payment (a "Transfer Payment") has been recorded with respect to the property described
below (referred to in this instrument as the "Property").
Current Owner of Property Subject to CC&Rs: RREF II — CWC LaQ, LLC, a
California limited liability company (the "Developer").
Title of Document Containing Transfer Payment Obligations: Declaration of
Covenants, Conditions, and Restrictions (hereafter, "CC&Rs"), entered into by and between the
City of La Quinta, a California municipal corporation and charter city organized and existing
under the Constitution of the State of California ("City"), and Developer. The CC&Rs are
recorded concurrently with this instrument, in the official .records of Riverside County. The
CC&Rs contemplate that the Developer will develop the Property into a resort containing two
hundred thirty (230) units (each, a "Unit"), and that each of the Units will be sold to individual
third party purchasers (each, an "Owner").
Legal Description of Property: See Exhibit "A" attached hereto and incorporated
herein by this reference.
Assessor's Parcel Number of Property: 775-220-021.
Amount of Transfer Payment: The Transfer Payment amount is .55 of one percent
(.55%) of the Owner's actual sales price for his or her Unit, with the amount of such sales price
verified by the City. For example, if the sales price is $500,000, then the Transfer Payment will
be $2,750; and if the sales price is $700,000, then the Transfer Payment will be $3,850.
Date Transfer Payment Requirement Expires: The Transfer Payment requirement
has no expiration date and runs with the land, in perpetuity.
Purpose of Transfer Payment and Entity to which Payment is Paid: • The purpose of
the Transfer Payment is to compensate the City for Toss of "Transient Occupancy Tax" (as that
term is defined in Chapter 3.24 of the La Quinta Municipal Code resulting from development of
the Property as a resort and not a traditional hotel. All Transfer Payments are to be paid to the
City, and sent to:
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City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Finance Director
This instrument does not contain a full description of the details of all of the terms and
conditions of the CC&Rs. You are hereby notified to read the CC&Rs to fully understand the
Transfer Payment requirements which apply to the Property, and the individual Units to be
developed thereon.
This instrument is being recorded and filed in compliance with Civil Code Section
1098.5.
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[End — Signature page follows]
-2-
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"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
City Attorney
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A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF
ss.
On , 2015, before me,
, Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they/executed the same in his/her/their authorized capacity(ies) and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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-4-
Notary Public
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36537-1 AS SHOWN BY MAP ON FILE IN BOOK 442 AT PAGES 55 THROUGH
63, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ("TRACT NO.
36537-1"), EXCLUDING THEREFROM LOTS 97 AND T OF TRACT NO. 36537-1, AND
TRACT NO. 36537-2 AS SHOWN BY MAP ON FILE IN BOOK 443 AT PAGES 38 THROUGH
43, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ("TRACT NO.
36537-2")
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CONSENT TO RECORDATION
RREF II — CWC LaQ, LLC, a California limited liability company ("Developer"), owner of the fee
interest in the real property legally described in Exhibit "A" hereto, hereby consents to the
recordation of the foregoing Payment of Transfer Fee Required against said real property.
RREF II — CWC LaQ, LLC, a California limited
liability company
By: California West Construction, Inc.,
a California corporation, Its Authorized
Agent
By:
Donald W. Fontana, President
A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
ss.
COUNTY OF )
On , 2015, before me,
Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they/executed the same in his/her/their authorized capacity(ies) and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
882/015610-0096
81,12850.1 n02126;15
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Notary Public