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2014 VPAH, LLC - Deed Restriction ParkingMEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Les Johnson, Community Development Director DATE: March 14, 2014 RE: Request for Recordation of Deed Restrictions for the Village Park Animal Hospital in Accordance with DA 2011-022 Between the City of La Quinta and VPAH, LLC. Entered Into on February 8, 2012 Attached for your signature are two (2) original deed restrictions signed by Dr. Kathryn Carlson on behalf of VPAH, LLC. Please sign both originals and return them to the City Clerk for final distribution. Requesting department shall check and attach the items below as appropriate: Contract payments will be charged to account number: THE Acct No. 101-0000-228.10-00; Tyler Acct No. 101-0000-22810 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: Approved by the City Council on . 12/20/201 1 - ORD No. 495 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 date) N/A Performance bonds as required by the agreement (originals) City of La Quinta Business License (copy or note number & expiration date here 08/31 /2014 ) T4hf 4 4Q" 78-495 CALLE TAMPICO LA QUINTA, CA 92253 July 25, 2013 Kathryn Carlson VPAH, LLC P.O. Box 1711 La Quinta, CA 92253 OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Re: Recorded Deed Restriction for the Village Park Animal Hospital in Accordance with DA 201 1-022 Dear Ms. Carlson, Enclosed is your copy of the recorded Deed Restriction with the City of La Quinta for the above -mentioned property. Should you have any questions, please contact Community Development Director Les Johnson at 760-777-7071. Sincerely, S-41� AA�� Susan Maysels City Clerk Enclosure c: Les Johnson RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk APN: 773-101-005 DOC # 2014-0132650 04/11/2014 10:43 AM Fees: $0.00 Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder ""This document was electronically submitted to the County of Riverside for recording— Receipted by: LCWEATHERS Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103) DEED RESTRICTION FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VPAH, LLC., a California limited liability company ("Declarant"), hereby covenants and declares for the benefit of the City of La Quinta, a California municipal corporation and charter city (the "City"), the following covenants, conditions, reservations and restrictions, which shall run with the real property described herein and shall be binding on Declarant and City and their successors and assigns, and all other persons or entities acquiring any interest in the real property described herein, and shall remain in full force and effect from the date of recordation of this Deed Restriction unless terminated or modified as hereinafter provided. 1. Purpose: Declarant owns the 0.35 acre parcel of real property ("Site") located at the northeast corner of Eisenhower Drive and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, which is the subject of this Deed Restriction. In connection with the Site, the City approved Village Use Permit No. 2008-042 (the "VUP"), subject to conditions of approval, which provides planning and development criteria for a project commonly known as Village Park Animal Hospital (the "Project"). The La Quinta Municipal Code requires the provision of 29 parking stalls to service the Project. On February 8, 2012 the Declarant and the City entered into that certain Development Agreement (the "Development Agreement") for the purposes of (i) setting forth a per -parking stall payment for the Declarant's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 13 parking stalls located in the Village Commercial zoning district towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal 2465/015610-0125 2303172.6a12/28/11 1 infrastructure which will result from the Development Plan and the crediting of the parking spaces in the Village Commercial zoning district; (ii) requiring the Declarant and its successors -in -interest to provide public parking on the Site; and (iii) granting the Declarant a vested right to develop the Site according to the Development Plan. Capitalized terms no defined herein shall have the same meaning as set forth in the Development Agreement. In accordance with Section 3.2 of the Development Agreement, Declarant is required to record this Deed Restriction against the Site to (i) require the Declarant's payment of the fees as described in Section 3.3 of the Development Agreement, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of 13 parking stalls; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site business is closed as provided by Section 3.5 of the Development Agreement. 2. Acknowledgement of Payment and Credit of Parking Stalls. In connection with the Project, the City has credited the Declarant with 13 parking stalls, and these stalls are counted towards fulfilling the Project's parking obligations to provide 29 parking stalls for the Project. In connection with this credit, Declarant has paid the City a parking fee in the amount of $1,183.53 for each parking stall towards the Project's parking obligation for a total of $158,386. 3. Use of Site Parking Lot by General Public. The parking stalls located on the Site shall be available to the general public for use between the hours of 8:00 p.m. and 2:00 a.m.; provided, however, that Declarant (and/or its permitted successors) may reserve five (5) designated spaces to remain open after 6:00 p.m. At the request of Declarant, the Community Development Director may consider increasing the number of designated spaces to equal up to 50% of the on - Site parking spaces if the Community Development Director determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. Declarant shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Declarant shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 1 1:00 p.m. every day of the week. 4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or the Development Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful 2465/015610-0125 2303172.6a12/28/11 -- 2 — misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of the Development Agreement, this Deed Restriction, or the parking Easement Agreement; the Declarant shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parties in said action or proceeding with counsel chosen by the City and reasonably approved by Declarant. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Declarant shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Declarant shall be obligated to promptly pay any final judgment or portion thereof rendered against the indemnified Partiers. The City shall, at no cost to the City, cooperate with the Declarant in any such defense as Declarant may reasonably request. 5. Run with the Land; Binding on Successors and Assigns. The covenants, conditions, reservations and restrictions herein shall run with the Site and shall be binding upon Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of the Site, and shall benefit the City and be enforceable by the City and its successors and assigns. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein whether or not any reference to this Deed Restriction is contained in the instrument by which such person or entity acquired an interest in the Site. 6. Term; Amendment and Termination. The covenants, conditions, reservations and restrictions may be validly terminated, amended or modified, in whole or in part, only by recordation with the Riverside County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the Site that is directly affected by such termination, amendment or modification. 2465/015610-0125 2303172.6a12/28/11 — 3 — 7. Recording. This Deed Restriction shall be recorded on the Site described in Exhibit "A" in the Office of the County Recorder, Riverside County, California. 8. Authority of Signatories to Bind Principals. The persons executing this Deed Restriction on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Deed Restriction and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 9. Counterparts. This Deed Restriction may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [Signatures on next page.] 2465/015610-0125 2303172.6a12/28/11 — 4 — IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of the date set forth above. "Developer" VPAH, LLC, a California limited liability company By: Its: ES [ Kathryn J. Carlson By: Its: "CITY" CITY OF LA QUINTA, a California municipal Corporation and charter city_ Es nk Tg6v)k*k, City Manager 3• (q • z o1q, ATTEST: &4tA� 1�4 Susan Maysels, City lerk APPROVED AS TO FORM RUTAN & TUCKEi, LLP M.YKAthfirinla Jens (Tity Atto 2465/015610-0125 2303172.6a12/28/11 ~ 5 — State of California County of Riverside On Ak, :J14 , before me, SGtSA4 MA SE[,S r Notary Public, personally appeared EgAaK J. SPUVA446k, 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 s/he executed the same in Jar/his authorized capacity, and that by kier/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. sUSAMMAY5EI.5 Commission # 2017256 Notary Public - California Riverside County ' Signature My Comm- Expires Apr 13, 2017 (seal) State of California County of Riverside On Apu i, lo, iotg before me, _545M MAY-591—s ,Notary Public, personally appeared KATHAV J. CAkt SC74 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 s/he executed the same in her/his authorized capacity, and that by her/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. SUSANMAYSELS s Commission * 2017268 a a Notary Public --California r ��` Riverside County Signature My Comm. Expires Apr 112017 (seal) 2465/015610-0125 2303172.6a12/28/11 — 6 — EXHIBIT "A" TO DEED RESTRICTION LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. APN: 773-101-005 ADDRESS: 77-895 AVENIDA MONTEZUMA, LA QUINTA, CA 92253 2465/015610-0125 2303172.6a12/28/11 — 7 -- - -- -- - - - - - -- - - - ----I BUSINESS LOCATION 51230 EISENHOWER DR 78495 Calle Tampico, La Quinta, CA 92253 (760) 777-7000 CERTIFICATE NON -TRANSFERABLE Door Business Owner. 1'iaiue Le aware that isausace of buslaessikonse by the City does aetouthorize yuu t1,-11ducl lousiness in n [building arttnwid %+pica Iliut Isis% not been approved fur uaeupnnCy lty Ibc IlaIlaliug and 5ufcty Dtliurthit Nil. If yuu haveony tluestIbIN rcenrdlux Ibis IM at. ur If yuu arc pint sure if r evri Ificaie nr occupit uty Lnx itecii itw ell rpr v'1l ur ttl it cc it I, ash, es s, IN l rnge \IlpilncI ii is win an It 4e re Ly 141 (7df1}777-7i112. BUSINE,SS-NAME: VILLAGK7P4WK-�}��IGSPITAL This Llren:re otsulyd liarou 1mving peld to the city of LA I}ulntn nil fees — rrqulrad, limn+r is hrrehy t;riioIact ♦mill Itrensar I trumavi Iite husiitect Isrnin BUSINESS ADDRESS: P . 0. BOX 1711 %vt Tinos, for the peiiud minir<i, in conrerndly tviiii the 11mvhlunsofOrdlnaner LA QUINTA CA 92247 No. = nr Ills (Aty'. 'I'bls Ll cr uc rr I.11 ggl rd %V)t I L U a I VCtill rut bun that the I Cenlee Is subject to or exempt from licensing by the State orcapforala. BUSINESS LIC NO: 5247 By r• CLASSIFICATION: MEDICAL & HEALTH SERVICE EXPIRATION DATE: e/31/14 I•lv �. W! DMICTOR LQBLBACK N