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1994 E.G. Williams Development Corp - Maintenance Agrmt�a 0 tY� a: 8 RECORDING REQUESTED BY ) t AND WHEN RECORDED MAIL TO: ) O b a CV LA QUINTA REDEVELOPMENT AGENCY ) W 78 495 Calle Tampico ) W e-1 P.O. Box 1504 ) W l7+ La Quinta, California 92253 ) LU This document is exempt from the payment of a recording fee pursuant to Government Code Section 6103. MAINTENANCE AGREEMENT This Maintenance Agreement ("Maintenance Agreement") is entered into as of the day of fv, r>cr' , 1994, by and between E. G. Williams Development Corporation, a California corporation (the "Developer"), and the La Quinta Redevelopment Agency, a public body, corporate and politic (the "Agency"). RECITALS ^� WHEREAS, the Agency and the Developer have entered into that certain First Restated r and Amended Disposition and Development Agreement dated as of September 30, 1994 T (the "DDA"), which provides for the maintenance of the Rental Properties for rent to Qualifying Renters at Affordable Rents; WHEREAS, the DDA also provides that the Rental Properties, including without limitation the improvements thereon, are to be maintained by the Developer; WHEREAS, the DDA is incorporated herein by this reference and any capitalized term not defined herein shall have the meaning established therefor in the DDA; and WHEREAS, the Developer is the owner of the Rental Properties; NOW, THEREFORE, the Developer agrees to maintain the Rental Properties in conformity with this Maintenance Agreement. ARTICLE I The definitions provided herein shall be applicable to this Maintenance Agreement and also to any amendment or supplemental Maintenance Agreement (unless the context implicitly or explicitly shall prohibit). PUSL:20447 111871 R2338.22 1 10/24/94 415022 Section 1. "Agency" shall mean the La Quinta Redevelopment Agency and its successors in interest. Section 2. "City" shall mean and refer to the City of La Quinta, a third party beneficiary to this Declaration. Section 3. "City Code" shall mean and refer to the City of La Quinta Municipal Code as revised from time to time. Section 4. "House" means a dwelling for human habitation. Section 5. "Mortgage" shall mean and include a deed of trust, an installment land contract with power of Sale, a sale/leaseback for financing purposes, as well as a mortgage in the conventional sense. Section 6. "Mortgagee" shall mean a person or entity to whom a mortgage is made and shall include the beneficiary of a deed of trust, the vendor under an installment land contract with power of sale and the lessor under a sale/leaseback arrangement; "mortgagor" shall mean a person or entity who mortgages his or its property to another, i.e., the maker of a mortgage, and shall include the trustor of a deed of trust, the vendee under an installment land contract with power of sale and the lessee under a sale/leaseback arrangement. Section 7. 'Rental Properties" shall mean that certain property legally described in Exhibit "A" attached hereto and incorporated herein by this reference to be developed pursuant to the DDA. ARTICLE II LAND USE RESTRICTIONS The Rental Properties and improvements thereon, hereinafter sometimes referred to as "premises", shall be occupied and used as follows for the periods required pursuant to the DDA: Section 1. Permitted Uses. The Rental Properties shall be used only for rental to Qualifying Renters at Affordable Rents, and for no other purposes except as the Agency may otherwise prescribe as to any of the Rental Properties which the Agency may hereafter elect to purchase pursuant to the DDA. The Developer shall not convert or allow the conversion of the Rental Properties to condominium ownership during the term of this Maintenance Agreement without the prior written approval of the Agency, which approval the Agency may grant, withhold or deny in its sole and absolute discretion. ARTICLE III OBLIGATION TO MAINTAIN. REPAIR AND REBUILD euaL:20447_111871 B2338.22 2 10/24/94 41502? Section 1. Maintenance by Developer. The Developer shall, at their sole cost and expense, maintain and repair the Rental Properties and the improvements thereon or cause the same to be maintained and repaired keeping the same in good condition and making all repairs as may be required by this Maintenance Agreement and by all applicable City Code and Uniform Code provisions. Section 2. Interior Maintenance. The Developer shall maintain the interior of buildings, including carpet, drapes, and paint, in clean and habitable condition in conformity with all applicable laws. Section 3, Exterior Maintenance. All exterior, painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking and defacing marks. Any such defacing marks shall be cleaned or removed within a reasonable period of time as set forth herein. a. Front and Side Exteriors. The Developer shall at all times maintain the front exteriors and yards in a clean, safe and presentable manner, free from defacing marks or any disrepair and any visible side exteriors. The Developer shall hire maintenance personnel to maintain and/or repair any front exterior or yard or visible side yard and exterior of any lot or building. b. Graffiti Removal. All graffiti, and defacement of any type, including marks, words and pictures, must be removed and any necessary painting or repair completed within seventy-two (72) hours of their creation or within seventy-two (72) hours after notice to the Developer. C. Driveways. All driveways must be paved and maintained with impervious material in accordance with the City Code. In addition, all water must be made to drain freely to the public part of the waterway without any pooling. d. Front Setbacks. All front setback areas that are not buildings, driveways or walkways shall be adequately and appropriately landscaped. The landscaping shall meet minimum standards set from time to time by the Agency. e. Trash. All trash shall be collected and placed in appropriate areas for pick-up by refuse haulers on normal trash pick-up days. Section 4. Damage and Destruction Affecting Lots - the Developer's Duty to Rebuild. If all or any portion of the Rental Properties and the improvements thereon is damaged or destroyed by fire or other casualty, it shall be the duty of the Developer to rebuild, repair or reconstruct said improvements in a timely manner which will restore it to Code compliance condition. Section 5. Variance in Exterior Appearance and Design. In the event physical damage to one or more of the Rental Properties is suffered, the Developer may apply to the City for approval to reconstruct, rebuild or repair in a manner which will provide different exterior appearance and lot design from that which existed prior to the date of the casualty. PUBL:20447 111871 B2338.22 3 10/24/94 415022 Section 6. Time for Reconstruction. Upon damage to the Rental Properties or the improvements thereon, the Developer shall be obligated to proceed with all due diligence hereunder and shall commence reconstruction within two (2) months after the damage occurs and complete reconstruction within six (6) months after damage occurs or demolish and vacate the damaged Rental Properties within two (2) months after the damage occurs, unless prevented by causes beyond their reasonable control. Section 7. Long Term Property Management of the Rental Properties. During the Qualified Project Period defined and described in the Agreement affecting the Rental Properties, the Developer shall obtain the approval of the Agency for any and all changes in the property manager or property management of the Rental Properties. ARTICLE IV Section 1. Remedies. Breach of the covenants contained in this Maintenance Agreement may be enjoined, abated or remedied by appropriate legal proceedings. Section 2. Rights of the City. The City of La Quinta is hereby made a third party beneficiary to this Maintenance Agreement and the covenants herein and is entitled, inter alia: a. The City has the right to enforce all of the provisions of this Maintenance Agreement. b. Any amendment to this Maintenance Agreement shall require the written consent of the City. C. This Maintenance Agreement does not in any way infringe on the right or duties of the City to enforce any of the provisions of the City Code including, but not limited to, the abatement of dangerous buildings. Section 3. Nuisance. The result of every act or omission whereby any of the covenants contained in this Maintenance Agreement are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of the City's rights under law. Section 4. Right of Entry. In addition to the above general rights of enforcement, the Agency and the City shall have the right through its agents and employees, to enter upon any part of the Rental Properties for the purpose of enforcing the ordinances and other regulations of the City, and for maintenance and/or repair of any or all publicly -owned utilities, and to monitor the performance of the Developer hereunder. Section 5. Removal of the Developer. In the event the Agency is dissatisfied with the services provided pursuant to this Maintenance Agreement, it can, upon first giving forty-five (45) days' written notice and an opportunity to cure, either (i) terminate this Maintenance Agreement, but the DDA (including the Attachments thereto, excepting only this Maintenance PUBL:20447_111871 B2338.22 4 10/24/94 415022 Agreement) shall remain in full force and effect, or (ii) perform such services itself and charge the same to Developer, which charges shall be paid by Developer within fifteen (15) days after receipt of a bill for same, and if such amount is not paid within such fifteen (15)-day period, Agency may cause a lien to be recorded on the applicable Affordable Property(ies) for all such charges incurred by Agency in performing such maintenance. If the Agency desires to terminate this Maintenance Agreement and have an entity other than the Developer perform property maintenance on the Rental Properties, the Agency shall first consult with the Developer as to the identity, qualifications and experience of such service provider. The costs of such alternative provider so propounded by the Agency would be borne by the Agency. In addition, the Agency would assume the responsibility for any damages to the improvements on the Rental Properties as such alternative service provider may cause. Section 6. Cumulative Remedies. The remedies herein provided for breach of the covenants contained in this Maintenance Agreement shall be deemed cumulative, and none of such remedies shall be deemed exclusive. Section 7. Failure to Enforce. The failure to enforce any of the covenants contained in this Maintenance Agreement shall not constitute a waiver of the right to enforce the same thereafter. ARTICLE V DURATION This Maintenance Agreement shall remain in effect until June 15, 2029, unless mutually extended in writing by the parties. ARTICLE VII GENERAL PROVISIONS Section 1. Construction. The provisions of this Maintenance Agreement shall be liberally construed to effectuate its purpose of providing for the orderly maintenance of the Rental Properties promoting the affordable housing objectives of the DDA. Section 2. Amendments. This Maintenance Agreement may only be amended by the written agreement of the Developer and the Agency and the City. Section 3. Effect of Tax Credit Regulatory Agreement. In the event a Tax Credit Regulatory Agreement shall be recorded with respect to the Rental Properties, it shall have priority over this Maintenance Agreement. PUBL20447_111871 B2338.22 5 10/24/94 415022 Section 4. Notices. Any notice permitted or required to be delivered as provided herein to Owner shall be in writing and may be delivered either personally or by first-class or registered mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of same has been deposited in the United States Mail, postage prepaid, addressed to any person being served such notice in the manner set forth in Section 501 of the DDA. LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Dated: /o /z 1994. Executive Director E. &WILLIAMS DEVELOPMENT CORPORATION, a California corporation Dated: 1994. By: Its: ruBL:20447_111871 B2338.22 6 10/25/94 415022 EXHIBIT "A" RENTAL PROJECT THAT REAL PROPERTY LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF LA QUINTA AND DESCRIBED AS FOLLOWS: ALL THAT PORTION OF PARCEL 3, OF PARCEL MAP 19730, AS SHOWN BY MAP ON FILE IN BOOK 122, OF PARCEL MAPS, AT PAGES 89 AND 90, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 89" 58' 39" EAST, ALONG THE SOUTH LINE OF SAID PARCEL 3, AND THE NORTH LINE OF PARCEL MAP 27109 AS SHOWN BY MAP ON FILE IN BOOK 175, OF PARCEL MAPS, AT PAGES 1 AND 2 THEREOF, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, A DISTANCE OF 566.33 FEET TO THE NORTHEAST CORNER OF SAID PARCEL MAP 27109; THENCE SOUTH 000 01' 19" EAST, ALONG THE EAST LINE OF SAID PARCEL MAP 27109 AND ITS SOUTHERLY PROLONGATION A DISTANCE OF 435.37 FEET TO THE NORTH LINE OF CALLE TAMPICO (100.00 FEET WIDE); THENCE NORTH 890 57' 22" EAST, ALONG SAID NORTH LINE OF CALLE TAMPICO A DISTANCE OF 85.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF CALLE TAMPICO, NORTH 890 57' 22" EAST, A DISTANCE OF 575.28 FEET TO A LINE PARALLEL AND WESTERLY 826.04 FEET (PREVIOUSLY RECORDED AS BEING 825.95 FEET) FROM THE EAST LINE OF SAID NORTHEAST QUARTER [SAID LINE ALSO BEING ON THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID PARCEL 31; THENCE NORTH 000 00' 23" WEST, ALONG SAID PROLONGATION, A DISTANCE OF 355.30 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE CONTINUING, NORTH 000 00' 23" WEST, ALONG SAID EAST LINE OF PARCEL 3 A DISTANCE OF 225.86 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHWESTERLY HAVING A RADIUS OF 47.00 AND TO WHICH A RADIAL LINE BEARS NORTH 890 59' 37" EAST; THENCE SOUTHERLY AND WESTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1100 04' 29", AN ARC LENGTH OF 90.29 FEET; THENCE NORTH 690 55' 54" WEST, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100.00 FEET PUBL20447_111871B233822 EXHIBIT "A" 10/24/94 415022 THENCE WESTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 29' 39", AN ARC LENGTH OF 25.30 FEET TO THE BEGINNING OF A REVERSE CURVE, TO WHICH A RADIAL LINE BEARS SOUGH 050 34' 27" WEST, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 395.00 FEET; THENCE WESTERLY, ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 170 24' 59", AN ARC LENGTH OF 120.07 FEET TO THE BEGINNING OF A REVERSE CURVE, TO WHICH A RADIAL LINE BEARS NORTH 22° 59' 26" EAST, SAID CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 140.00 FEET; THENCE ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 520 08' 31 AN ARC LENGTH OF 127.41 FEET; THENCE SOUTH 450 09' S6" WEST, A DISTANCE OF 30.28 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 430.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 411 37' 22" EAST; THENCE SOUTHWESTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 200 03' 41", AN ARC LENGTH OF 150.56 FEET; THENCE SOUTH 680 26' 19" WEST, A DISTANCE OF 67.75 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 330.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 000 57' 04", AN ARC LENGTH OF 5.48 FEET; THENCE SOUTH 340 41' 02" WEST, A DISTANCE OF 17.08 FEET; THENCE SOUTH 000 01' 19" EAST, ALONG A LINE PARALLEL AND DISTANT 60 FEET EASTERLY OF SAID EAST LINE OF PARCEL MAP 27109, A DISTANCE OF 419.37 FEET; THENCE SOUTH 470 25' 05" EAST, A DISTANCE OF 33.98 FEET TO THE POINT OF BEGINNING. PUBL:20447 111871 B2338.22 EXHIBIT "A" 10/24/94 415022 State of California ) ss. County of Riverside ) On f Abe 2 199 `� , before me, %�, /e x S o-'roue) J_\1'�r4 2 (name, title of officer, e.g., 'Jane Doe, Notary Public") personally appeared (name(s) ofsizner(s)) b personally known to me —OR— E] 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 person(s) acted, executed the instrument. rt eS5 rDy_hnd and official seal. `• TONI TERESA 9RGWN - _ / •'¢- ®COMM I1011641 z z 'kNotary Public —California RIVERSIDE COu14TY (Signature of Notary) ) My Comm. Erpirw MAR 27.1998 Capacity claimed by signer: (77iis section is OP770NAL.) ❑ Individual ❑ Corporate Officer(s): Cl Partner(s): ❑ General ❑ Limited ❑ Attorney -in -fact ❑ Trustee(s) ❑ Guardian/Conservator J Other: < ' eeC ct� Signer is representing: c2 r1 K i ed 2 ✓ io 31 .-, �» cam_ name o persons or entt res Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED %✓ —'v )�', "`" TO THE DOCUMENT Number of Pages c4 Date of Document &- /2 DESCRIBED AT RIGHT: Signer(s) Other than Named Above C 6 a e vc' is 'C�'.-r auau20447 111871 B2338.22 1 10/24/94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 415022 No, 5907 State of California County of Riverside On 10/27/94 before me, Marie T DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared E.G- Williams Jones/Notary Public NAME(S) OF SIGNER(S) X® personally known to me to be the person(so whose name() iskf 4 subscribed to the within instrument and ac- knowledged to me that NeVsheAl*ay executed the same in hWherAhzi c authorized capacity�ie*, and that by>d�ft/her/Ahak MARIE T. IONES signature* on the instrument the person(S), connM.x9aaazs or the entityupon behalf of which the d � Notary Public•Calitomia � p RIVERSIDE CbUNTY o person( acted, executed the instrument. My Commission ExPPlres March Y4, 199) WITNESS my hand and official seal. SIGNATURry OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL NXI CORPORATE OFFICER Chairman and CEO ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) QR ENTITY)IES) E.G. Williams Development Corp. Maintenance Agreement TITLE OR TYPE OF DOCUMENT 8 (10 plus notarizations) NUMBER OF PAGES 14 DATE OF DOCUMENT Thomas P. Genovese, City of La Quinta SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184