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2021-05-04 Council Bond Release ApprovalCITY COUNCIL MINUTES Page 4 of 9 MAY 4, 2021   5. ADOPT ORDINANCE NO. 592 AMENDING SECTIONS 14.16.040 AND 14.16.110 OF THE LA QUINTA MUNICIPAL CODE RESPECTIVELY RELATED TO UNAUTHORIZED ENCROACHMENT IN THE PUBLIC RIGHT-OF- WAY AND LIABILITY FOR DAMAGES 6. ADOPT ORDINANCE NO. 593 AMENDING THE LA QUINTA MUNICIPAL CODE BY REMOVING REFERENCE TO A “DARK SKY ORDINANCE” FROM SECTION 5.80.060 7. Pulled by City Attorney Ihrke for a separate vote >>> ACCEPT OFF- SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 37683, RESIDENCE INN BY MARRIOTT, LOCATED SOUTH OF HIGHWAY 111 AND NORTH OF VISTA CORALINA LANE 8. ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE ONSITE IMPROVEMENTS FOR PALO VERDE II RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 33336) LOCATED ON THE NORTH SIDE OF AVENUE 58 AND WEST OF MADISON STREET [RESOLUTION NO. 2021-014] 9. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2021/22 INVESTMENT POLICY [RESOLUTION NO. 2021-015] 10. ACCEPT CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2020-02 (COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 4.LQ.41.20) LOCATED ON THE EAST SIDE OF JEFFERSON STREET SOUTH OF AVENUE 50 AND SOUTHWEST CORNER OF WASHINGTON STREET AND AVENUE 47 11. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FISHER INTEGRATED, INC FOR VIDEO STREAMING AND WEBSITE HOSTING SERVICES RELATED TO PUBLIC MEETINGS 12. APPROVE AMENDED UTILITY AGREEMENT WITH THE CITY OF LA QUINTA AND THE IMPERIAL IRRIGATION DISTRICT FOR THE DUNE PALMS ROAD BRIDGE PROJECT 2011-05/111205 FOR RELOCATION AND THE UNDERGROUNDING OF EXISTING ELECTRICAL FACILITIES 13. APPROVE THIRD AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF RIVERSIDE FOR A ONE- YEAR EXTENSION FOR LIBRARY, MUSEUM AND MAKERSPACE MANAGEMENT CITY COUNCIL MINUTES Page 5 of 9 MAY 4, 2021   14. Pulled by Councilmember Peña for a separate vote >>> APPROVE CHANGE ORDER NO. 1 TO CONTRACT WITH CONVERGINT TECHNOLOGIES FOR THE CITYWIDE PUBLIC SAFETY CAMERA SYSTEM (PSCS) PROJECT (PROJECT NO. 2020-03) FOR INSTALLATION OF 12 STRAND FIBER, NEW CIRCUITS, CABLE AND RADIO 15. APPROVE ADDENDUM NO. 2 TO THIRD AMENDMENT AND RESTATEMENT OF JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ADMITTING THE TWENTYNINE PALMS BAND OF MISSION INDIANS TRIBE AS A MEMBER 16. APPROVE DEMAND REGISTERS DATED APRIL 16, AND 23, 2021 MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 1 – 6, 8 – 13, 15, and 16 as recommended, with Item Nos. 8 and 9 adopting Resolution Nos. 2021-014 and 2021-015, and Item Nos. 5 and 6 adopting Ordinance Nos. 592 and 593, respectively. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 7 The recommended action for this item was amended by City Attorney Ihrke at Confirmation of Agenda by including additional language to ensure the labor and materials security is released upon recordation of the instrument memorializing the reciprocal access to the Komar Desert Center. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item No. 7 accepting the off-site and on-site improvements associated with Parcel Map No. 37683, Residence Inn Marriott; authorize staff to release performance security upon recordation of an instrument approved by the City Manager to memorialize the reciprocal access to the Komar Desert Center; and direct staff to release, after recordation of the instrument to memorialize reciprocal access to the Komar Desert Center, the labor and materials security 90 days after City Council acceptance of the improvements. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 14 COUNCILMEMBER PEÑA SAID HE WILL ABSTAIN FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 14 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY TO THE PROJECT LOCATIONS NO. 89 City of La Quinta CITY COUNCIL MEETING: May 4, 2021 STAFF REPORT AGENDA TITLE: ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 37683, RESIDENCE INN BY MARRIOTT, LOCATED SOUTH OF HIGHWAY 111 AND NORTH OF VISTA CORALINA LANE RECOMMENDATION Accept the off-site and on-site improvements associated with Parcel Map No. 37683, Residence Inn by Marriott; authorize staff to release performance security upon recordation of an instrument approved by the City Manager to memorialize the reciprocal access to the Komar Desert Center; and direct staff, after recordation of the instrument to memorialize reciprocal access to the Komar Desert Center, to release the labor and materials security 90 days after City Council acceptance of the improvements.  EXECUTIVE SUMMARY Residence Inn by Marriott hotel is located south of Highway 111 and north of Vista Coralina Lane (Attachment 1). LQ Hospitality Group, LLC (Developer) has requested release of the performance, labor, and materials securities. Parcel Map No. 37683 (PM 37683) was subdivided into two parcels. The Developer has completed the required off-site and on-site improvements for Parcel 1 of PM 37683. The portion of the reciprocal access on the Komar Desert Center property will be completed by the future developer of Parcel 2 of PM 37683. Thus, staff recommends acceptance, and release of the performance, labor, and materials securities. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The Developer has completed the off-site and on-site improvements required by Parcel 1 of PM 37683. The completed improvements include grading, pavement, curb and gutter, curb ramps, signing and striping, storm drains, catch basins, water and sewer improvements, landscaping, and survey monumentation. Staff inspected the completed improvements and verified they meet City-approved plans and standards. CONSENT CALENDAR ITEM NO. 7 MOTION WAS REVISED BY STAFF DURING CONFIRMATION OF AGENDA 90 PM 37683 was subdivided into two parcels. One parcel is occupied by the Residence Inn by Marriott hotel and the other parcel is retained by the City for future development. The potential future reciprocal access to the adjacent Komar Desert Center is identified in the Komar Specific Plan and the traffic impact analysis completed for the Dune Palms Specific Plan. The City Engineer has determined that the reciprocal access between the hotel and Komar Desert Center can be postponed as long as the City-owned parcel remains vacant and unimproved. However, a recorded instrument approved by the City is needed to memorialize the requirement for the future developer of the City- owned parcel to obtain approval from Komar Desert Center to complete the reciprocal access on their side prior to development of the City-owned parcel. ALTERNATIVES Accepting improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action.  Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map V I C I N I T Y M A P NOT TO SCALE ATTACHMENT 1 PARCEL MAP NO. 37683 AVE 48 91 698/015610-0002 16452077.3 a05/06/21 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder’s Use (Exempt from Recording Fee per Gov’t Code §6103 and §27383) NOTICE OF MEMORIALIZING RECIPROCAL ACCESS PURSUANT TO THE KOMAR DESERT CENTER SPECIFIC PLAN SP 2005-075 AND PURSUANT TO THE HIGHWAY 111 & DUNE PALMS SPECIFIC PLAN, AS AMENDED, SP AMENDMENT 2018-0002 BY AND BETWEEN THE CITY OF LA QUINTA, a California municipal corporation and charter city, AND LQ HOSPITALITY GROUP, LLC, an Arizona limited liability company 698/015610-0002 16452077.3 a05/06/21 -1- NOTICE OF MEMORIALIZING RECIPROCAL ACCESS PURSUANT TO THE KOMAR DESERT CENTER SPECIFIC PLAN SP 2005-075 AND PURSUANT TO THE HIGHWAY 111 & DUNE PALMS SPECIFIC PLAN, AS AMENDED, SP AMENDMENT 2018-0002 This NOTICE OF MEMORIALIZING RECIPROCAL ACCESS (the “Notice”) is entered into as of the ___ day of ____________, 2021 (the “Effective Date”), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city (“City”), and LQ HOSPITALITY GROUP, LLC, an Arizona limited liability company (“Developer”), with reference to the following: RECITALS: A. The City is the owner in fee of that certain raw and unimproved real property described as Parcel 2 of Parcel Map No. 37683 as recorded in the land records of Riverside County, State of California, Map Book 246, Pages 87 through 88, located on Highway 111, La Quinta, California 92253, APN 600-020-057, and more particularly described in the legal description attached hereto as Exhibit A and incorporated herein by reference (“City Property”). B. Developer is the owner in fee of that certain real property and all improvements to the realty thereon located at 79675 Highway 111, La Quinta, California 92253, APN 600-020-056, and more particularly described as in the legal description attached hereto as Exhibit B and incorporated herein by reference (“Developer Property”). The Developer Property has a fully entitled and constructed 108-room business hotel, with appurtenant parking and other related hotel amenities, commonly known as a “Residence Inn by Marriott.” C. The Developer Property and City Property are located adjacent and to the west of the “Komar Desert Center,” located at 79795 Highway 111, La Quinta, California 92253, which includes 26.53 acres (APNs 649- 030- 086, 649- 030- 087, 649- 030- 007 and 649- 030-088) of improved real property, and which is subject to and governed by the Komar Desert Center Specific Plan, SP 2005-075, adopted on January 3, 2006, by City Council Resolution 2006-003 (“Komar Specific Plan”). The Komar Specific Plan is a public record and is on file in the office of the City Clerk and is incorporated into this Notice by reference. D. Pursuant to Section Part III.C, pages 21 & 24, of the Komar Specific Plan, the City, among other terms and conditions, required that “the potential for reciprocal access be preserved for the future by requiring the developer of the Komar Desert Center to commit to providing reciprocal access at a reasonably feasible location along the project’s western boundary, to be determined by the City’s Public Works Director if and when he or she determines that such reciprocal access promotes good a rea traffic circulation and does not overly burden the Komar Desert Center site.” Also, as identified in Figures 3 & 6, on pages 11 & 33 respectively (among other provisions), in the Komar 698/015610-0002 16452077.3 a05/06/21 -2- Specific Plan, a “Reciprocal Access with Possible Future Commercial Development” is specifically set forth and located for purposes of the potential future development of the Developer Property. E. The Developer Property and City Property are subject to and governed by the Highway 111 & Dune Palms Specific Plan, as amended, by SP Amendment 2018- 0002, adopted on February 12, 2019 by City Council Resolution 2019 -002 (“Dune Palms Specific Plan”). The Dune Palms Specific Plan is a public record and is on file in the office of the City Clerk and is incorporated into this Notice by reference. F. In connection with the Dune Palms Specific Plan, the City had a Traffic Impact Analysis completed by Urban Crossroads and dated November 16, 2018 (the “TIA”). As directed by the City Public Works Director, the TIA (i) had been prepared in accordance with the City of La Quinta’s Engineering Bulletin #06-13 (dated October 3, 2017), among other governing documents, and (ii) assumed for ingress, egress, and other traffic circulation purposes that access to the Developer Property included the “Reciprocal Access with Possible Future Commercial Development” as identified in the Komar Specific Plan, and, for purposes of the TIA, this access is identified as “Driveway 2 via adjacent shopping center – Costco Drive (full access), as identified on page 1 of the Executive Summary of the TIA, and more specifically analyzed and depicted on pages 81-86 of the TIA. The TIA is a public record and is on file in the office of the City Clerk and is incorporated into this Notice by reference. G. On March 12, 2019, the City adopted Conditions Of Approval for Site Development Permit 2018-0007 (“SDP”), by Planning Commission Resolution No. 2019- 004, relating to the site development for the Residence Inn by Marriott at the Developer Property. Additionally on March 12, 2019, the City adopted Conditions Of Approval for Tentative Parcel Map 2018-0003 (“TPM”), by Planning Commission Resolution No. 2019- 004, relating to the subdivision of the Developer Property pursuant to the Subdivision Map Act, California Government Code section 66410 et seq. ("Subdivision Map Act"). Pursuant to the Subdivision Map Act and La Quinta Municipal Code, conditions of approval (each, a “COA” and collectively, the “COAs”) attached to the approval of the SDP and TPM, which included the offer for dedication of a reciprocal easement for access, ingress, egress, and parking across the parcels (SDP COA #13 / TPM COA #14). H. Based upon the analysis and assumptions from the TIA, as well as the rights of the City and obligations of the owner of the Komar Desert Center pursuant to the Komar Specific Plan, and the rights of the City and Developer pursuant to the Dune Palms Specific Plan, the City Engineer has determined that the development of the Developer Property and use and occupancy of the Residence Inn by Marriott (or other hotel) thereon could proceed without obtaining and having a reciprocal access covenant recorded against the Komar Desert Center as long as the City Property remained raw and unimproved real property. The City Engineer also determined that the reciprocal access between the Komar Desert Center, the Developer Property, and the City Property would need to be implemented if and when the City, or its successor-in-interest, obtains a site development permit (or other permit as may be issued by the City) for the development, construction, and/or improvements on the City Property for any development and use 698/015610-0002 16452077.3 a05/06/21 -3- consistent with the Dune Palms Specific Plan (including as may be amended) and/or any other applicable land use, subdivision, or zoning laws of the City. I. In accordance with the City Council’s action taken at its Regular Meeting for May 4, 2021 (Consent Calendar Item #7), the City and Developer mutually agree to record this Notice, for the benefit of both the Developer Property and City Property, for the purpose of memorializing actual and constructive notice of the reciprocal access on and over the Developer Property and, once improved, on and over the City Property, as more particularly described herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are a substantive part of this Notice incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable co nsideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. RECIPROCAL EASEMENT FOR INGRESS, EGRESS, AND ACCESS 1.1 Memorializing Grant of Reciprocal Easement. The City and the Developer hereby memorialize the granting of and continuous allowance of reciprocal easements for access, ingress, egress, and parking, on and over the City Property (once developed and improved, pursuant to a permit(s) issued by the City that would result in the development, construction, and/or use of the City Property, for a more intensive use than that of raw land or temporary and/or seasonal use or landscaping use) and the Developer Property (on and over those areas developed and improved for vehicular parking and driveway uses). 1.2 Effective Date. This Notice shall be effective and of full force and effect upon complete execution by the Parties and recording in the Riverside County, California, Office of Official Records (or successor public agency thereto) (“Recorder’s Office”). 1.3 Term. The term of this Notice shall commence on the Effective Date and shall run in perpetuity. 1.4 Covenants Run With the Land, Equitable Servitudes, and Public Benefit. This Notice is intended to be and shall be construed as a covenant that benefits the use of the Developer Property and City Property. The City, as owner in fee of the City Property, and Developer, as owner in fee of the Developer Property, hereby declare that this Notice, and the covenants, conditions, and restrictions of use on the Developer Property and City Property as set forth herein, is intended to and shall run with the land in perpetuity, and each and every successor of the City and Developer that has any 698/015610-0002 16452077.3 a05/06/21 -4- ownership interest or right of ownership interest in the Developer Property and City Property (or portions thereof), shall be subject to this Notice, which is intended to be and shall be construed as placing reasonable benefits and burdens on the use and enjoyment of the Developer Property and City Property, which, among other provisions, are intended to and hereby expressly do ensure compliance with providing reciprocal access. 1.5 Recording; Priority of Notice against City-Benefited Property. Upon complete execution and notarizing , the City shall cause this Notice to be recorded in the Recorder’s Office. The Notice shall be recorded against the Developer Property and City Property. 2. CITY OR CITY’S SUCCESSOR-IN-INTEREST OBLIGATIONS; ACTUAL AND CONSTRUCTIVE NOTICE THEREOF 2.1 Requirement to Obtain Reciprocal Easement. If the City, or any successor-in-interest in the fee ownership interest of the City or any leasehold (including ground leasehold) interest of the City Property (or portion thereof), applies for permit or entitlement that would result in the development, construction, and/or use of the City Property, for a more intensive use than that of raw land or temporary and/or seasonal use or landscaping use, the City (or its successor -in- interest or lessee) shall have the obligation to obtain, from the owner of the Komar Desert Center (or portion thereof immediately adjacent to the Developer Property), a reciprocal easement for ingress, egress, and traffic circulation among the Komar Desert Center and the Developer Property and City Property by obtaining and recording in the Recorder’s Office a reciprocal easement agreement in a form approved by the City (through the City Attorney and City Manager). 2.2 Recording of Reciprocal Easement Prior To Construction Of Improvements On City Property. Unless expressly waived and allowed in writing by recorded instrument approved by the City, no improvements shall be developed or constructed on the City Property, which would result in the development, construction, and/or use of the City Property for a more intensive use than that of raw land or temporary and/or seasonal use or landscaping use, without the reciprocal easement described in Section 2.1 above being recorded in the Recorder’s Office against the Komar Desert Center (or portion thereof immediately adjacent to the Developer Property). 3. MISCELLANEOUS 3.1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other official notification, which either Party may desire to give to the other Party under this Notice, must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -day or overnight messenger service that provides a receipt showing date and time of delivery, 698/015610-0002 16452077.3 a05/06/21 -5- or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by official notification. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager With a copy to: Rutan & Tucker, LLP 18575 Jamboree Road, 9th Floor Irvine, CA 92612 Attn: William H. Ihrke To Developer: LQ Hospitality Group, LLC 7255 E. Hampton Ave, Ste 122 Mesa, AZ 85209 Attn: Paul Welker Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. If the City sells, transfers, or otherwise assigns its interest in the City Property, the City shall still receive any and all official notifications as would be required to be delivered under this Notice. 3.2 Binding Effect; City as Third Party Beneficiary After Transfer of Interest. This Notice, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the Parties and their respective assigns, heirs or successors-in- interest, whether or not any reference to this Notice is contained in the instrument by which such person acquired an interest in the Developer Property and City Property. If the City sells, transfers, or otherwise assigns its interest in the City Property, the City shall thereafter be an expressed third -party beneficiary under this Notice, and any amendment or termination of this Notice shall require the expressed written consent of the City. 3.3 Non-liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Notice, or for any act or omission on the part of City. 698/015610-0002 16452077.3 a05/06/21 -6- 3.4 Severability. If any term or condition of this Notice is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Notice shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Notice. 3.5 Time. Time is of the essence in the performance of this Notice and of each and every term and condition hereof. 3.6 Authority to Execute; Representations and Warranties. The Parties respectively warrant and represent that (i) they are duly organized and existing, (ii) the persons executing this Notice are duly authorized to execute and deliver this Notice, and (iii) by so executing this Notice, the Parties shall be formally bound to the provisions of this Notice. 3.7 City Approvals and Actions. Whenever a reference is made in this Notice to an action or approval to be undertaken by the City, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless this Notice specifically provides otherwise. The City Manager or his or her authorized designee shall have the authority to implement this Notice, including the authority to negotiate and sign on behalf of the City implementing agreements and other documents, so long as the substantive provisions of this Notice are maintained. Nothing in this Notice prevents or shall be construed as preventing the City Manager from taking any review, approval request, or other action relating to this Notice to the City Council for its review and action. 3.8 Governing Law; Choice of Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Notice without regard to conflicts of law principles. Any action at law or in equity brought by for the purpose of enforcing, construing, or interpreting the validity of this Notice or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropria te court in said county. 3.9 Counterpart Signature Pages. The Parties may execute and acknowledge this Notice in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Notice. [end – signature page follows] 698/015610-0002 16452077.3 a05/06/21 -7- IN WITNESS WHEREOF, Developer and City have executed this Notice as of the Reference Date. Date:____________________, 2021 "DEVELOPER" LQ HOSPITALITY GROUP, LLC, an Arizona limited liability company By: Name: Paul Welker Its: CEO Date:____________________, 2021 “CITY” 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 698/015610-0002 16452077.3 a05/06/21 -8- 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 _________________________, before me, , (insert name and title of the officer) 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. Signature (Seal) 698/015610-0002 16452077.3 a05/06/21 EXHIBIT A EXHIBIT A Legal Description of City Property That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 2 OF PARCEL MAP NO. 37683 AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 246, PAGES 87 THROUGH 88, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. SAID PARCEL CONTAINING 6.42 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. APN: 600-020-057 698/015610-0002 16452077.3 a05/06/21 EXHIBIT B EXHIBIT B Legal Description of Developer Property That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 1 OF PARCEL MAP NO. 37683 AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 246, PAGES 87 THROUGH 88, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. SAID PARCEL CONTAINING 2.99 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. APN: 600-020-056 698/015610-0002 16452077.3 a05/06/21 EXHIBIT D