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2022-12-23 Center Pointe - Notice of Default re DA & DDADecember 22, 2022 VIA E-MAIL AND REGISTERED FIRST CLASS MAIL RETURN RECEIPT REQUESTED Dolphin Partners, Inc. 18818 Teller Ave. Irvine CA 92612 Attn: Kevin Pitts Dr. Sheri Wen Hsu P.O. Box 5987 La Quinta, CA 92248 Dr. Aneta Stirling 40075 Bob Hope Drive, #F Rancho Mirage, CA 92270 CALIFORNIA CP Development La Quinta, LLC 77-900 Avenue of The States Palm Desert, CA 92211 Attn: Richard Oliphant (address listed in DDA) CP Development La Quinta, LLC 77-564 Country Club Dr., #100 Palm Desert, CA 92211 (address listed with Secretary of State) Desert Villas Homeowners Association c/o Property Manager Association Desert Resort Management 42-635 Melanie Place Suite 103, Palm Desert, CA 92211 Re: NOTICE OF DEFAULT Disposition and Development Agreement & Development Agreement Center Pointe Project on Property Located Southwest of Miles Avenue and Washington Street in the City of La Quinta, CA Dear Sir or Madam: This correspondence serves as the City of La Quinta's ("City") NOTICE OF DEFAULT by Dolphin Partners, Inc. ("Dolphin"), CP Development La Quinta, LLC ("CP"), Dr. Sheri Wen Hsu ("Hsu"), Dr. Aneta Stirling ("Stirling"), and Desert Villas Homeowners Association ("HOA") under the terms of the of Disposition and Development Agreement and the Development Agreement and the amendments to these agreements. All parties referenced in this notice have or had a full or partial ownership interest in real property on which the project generally known as "Center Pointe," located in the area of the City described above. The Center Pointe project is subject to legally binding agreements, described more fully below, under T8495 Calie Tampico 1 La Ruinta, California 922531760.171.I{IBC 1 www.laquintaca.goy eCaIN� CALIFORNIA which one or more of the parties identified in this letter are in default, as more fully explained below. I. Notice of Default re Schedule of Performance of Casitas Development by Dolphin, CP, and Hsu Pursuant to applicable state law, the Community Redevelopment Law (Health & Safety Code, § 33000 et seq.), on or about December 18, 2003, the former La Quinta Redevelopment Agency ("Agency")1 and CP ("Original Developer") entered into a Disposition and Development Agreement to develop the Centre Pointe project ("Original DDA").2 Pursuant to the Original DDA, the Agency sold certain real property to the Original Developer and the Original Developer agreed to construct, complete, and operate a commercial project containing a medical office/surgical facility, a development containing sanctuary villas, a mid -price suites hotel, a resort - style condominium/casitas development containing 136 units, two sit-down restaurants, and two single-family residential developments ("Original Project"). The Original DDA has been amended seven times on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007, on or about March 19, 2008, and on or about October 19, 2012 (collectively, the "Prior DDA Amendments"). The Original DDA, as amended by the Prior DDA Amendments, is hereinafter referred to as the "DDA", and the Original Project, as amended by the Prior DDA Amendments, is hereinafter referred to as the "Project." Concurrently with the execution of the Original DDA, the City and the Original Developer entered into a Development Agreement on or about December 18, 2003 ("Original DA") pursuant to applicable state law, the Statutory Development Agreement Law (Gov. Code, § 65864 et seq.). The Original DA has been amended four times on or about October 28, 2004, November 17, 2005, May 6, 2008, and November 21, 2012 (collectively, the "Prior DA Amendments"). The Original DA as amended by the prior DA Amendments, is hereinafter referred to as the "DA." 1 The City is the successor agency to former La Quinta Redevelopment Agency pursuant to Health & Safety Code §34171(j). 2 The DDA, DA, and Center Pointe agreements referenced in this notice are public records and may reviewed during regular business hours at La Quinta City Hall. Additionally, the agreements referenced in this notice may be accessed through the City's website at the following: https://laglaserweb.laquintaca.gov/WebLink/DocView.aspx?id=20723&dbid=1 &repo=CityofLaQuint a. 18495 Calle Tampico 1 La Ruinta, California 92253175O.777.T0001 www.laquintaca.goy CALIFORNIA Section 303 of the Original DDA states: "Schedule Performance. The Developer shall submit all Design Development Drawings, commence and complete all construction of the Project, and satisfy all other obligations and conditions of this Agreement, within the times established therefor in the Schedule Performance..." (See Original DDA at p. 27 & Schedule of Performance, Attachment No. 20 to Original DDA.) On or about October 28, 2004, the Agency and the Original Developer entered into Amendment No. 1 to the Original DDA, which revised certain timeframes in the Schedule of Performance and replaced the Schedule of Performance attached to the Original DDA with Exhibit A to Amendment No. 1 to DDA. Pursuant to applicable state law, the Subdivision Map Act (Gov. Code, § 66410 etseq.), on or about April 4, 2005, Parcel Map 31116 was filed in the Official Records of Riverside County ("Official County Records") and created legal parcels within the property that differ from the parcels depicted on the Site Map in the Original DDA. Notably, Parcel Map 31116 created "Parcel 2" and "Parcel 3" (see Attachment, Figure 1). The Original Developer subsequently sold Parcel 2 of the Project to Lennar Homes of California ("Lennar"). Pursuant to the terms of the DDA (specifically, Amendment No. 3 of the Original DDA), the DA and all entitlements issued in connection therewith, the Developer3 was required to develop 164 residential condominium/casitas units on Parcel 2 and Parcel 3, with associated public and private improvements (collectively, the "Parcel 2 Casitas Development"). However, Lennar failed to complete the entire Casitas development by December 31, 2007, as required by the DDA. As noted in that certain Agreement for Deposit of Funds, Lennar developed 40 condominium/casitas units and four (4) additional condominium/casitas units that did not yet have approved certificates of occupancy!' In 2008, Lennar sold and assigned its interest in Parcel 2 to Dolphin, which agreed to assume Lennar's rights and obligations under the DDA and DA. Also in 2008, pursuant to the Subdivision Map Act and La Quinta Municipal Code, Parcel 2 was further subdivided into two separate lots by Lot Line Adjustment Developer refers to CP and its assignees and successors in interest. 4 The Agreement for Deposit of Funds, page 2, Section E, has this reference. T8495 Calle Tampico 1 La Ruinta, California 922531760.171.I{IBC 1 www.laquintaca.goy CALIFORNIA #2008-495, recorded in the Official County Records in 2008, thereby creating a "Parcel A" and "Parcel B" of Parcel 2 (see Attachment, Figure 2). The former Agency and City consented to the sale and transfer to Dolphin of all of Lennar's rights and obligations under the DDA and DA with respect to Parcel 2. Specifically, by that certain Assignment and Assumption Agreement, by and between CP and Dolphin, dated September 19, 2008, and recorded September 26, 2008, as Instrument No. 2008-0527098, CP transferred Parcel 3 to Dolphin, and Dolphin transferred Parcel A (part of Parcel 2) back to CP. As a result, under this Assignment and Assumption Agreement and related documents, Parcel A was transferred to CP, and Parcel B (part of Parcel 2) was retained by, and Parcel 3 was transferred to, Dolphin. Likewise, the respective requirements under the DDA and DA for the development of the condominium/casitas units transferred to these respective parties, resulting in the total amount of units for which Dolphin was responsible to be 148 units on Parcel B (132 units originally to be on parcel 2, less 16 units that were to be on Parcel A that were transferred back to CP, plus the 32 units that were to be developed on parcel 3). Thereafter, Parcel A was subsequently subdivided in 2020 under Tentative Parcel Map (TPM) No. TPM37823 (see Attachment, Figure 3), which final map was approved by City Council Resolution No. 2020-035 in October 2020. With the subdivision of Parcel A, a portion of Parcel A was transferred to Hsu. Thus, according to the City's records, Dolphin, CP, and Hsu presently have or recently had ownership interest in Parcel 2 (subdivided as Parcel A (which was further subdivided by TPM37823) and Parcel B) and Parcel 3. All of these parcels (Parcel 2 and Parcel 3 with subsequent subdivisions) are subject to the development requirements and the current schedule of performance relating to the actual development of these parcels. In this regard, the Agreement for Deposit of Funds states, "Dolphin has indicated its intent to prepare and process through the City new designs and plans for Parcel 2, in accordance with the schedule attached hereto and incorporated herein as Exhibit B" (the "Dolphin Performance Schedule")." (Id. at p. 2, § G.) Paragraph 4 of the agreement also states: "Dolphin shall complete all obligations set forth in the Dolphin Performance Schedule within the time set forth therein." (Id. at p. 4, ¶ 4.) T8495 Calie Tampico 1 La Ruinta, California 922531760.171.I{IBC 1 www.laquintaca.goy CALIFORNIA The Dolphin Performance Schedule sets forth times by which the Developer must start and complete specific items of performance. As negotiated by the parties, the Dolphin Performance Schedule includes (in part) the following tasks, and completion dates for the construction and completion of the Parcel 2 Casitas Development: T8495 Calie Tampico 1 La Ruinta, California 922531 160.171 TM 1 www.laquintaca.goy Item of Performance Time for Completion 4. Developer submission of complete Site Development Permit Application "SDPA'which will include: Detailed Site Plan; Floor Plans and Layout; Elevations; Conceptual Landscaping; Master Grading Plan; andTrack Map. Within 180 days after effective Date of DDA amendment. 5. Review of SDPA by all applicable City departments. Agencywill use reasonable efforts to cause such review within 21 days after Developers submittal of SDPA. 6. Agency response to Developer as to City comments on SDPA. Within 7 days after Agency's receipt of City's final comments, but no later than 30 days after Developer's submission of SDPA. 7. Developer and City Responses. Developerwill respond to any requestwithin 7 days and Agency will use reasonable efforts to cause City to respond to any submission within 7 days. 8. City publishes Notice of Public Hearing before the Planning Commission. Within 20 days after City responds to Developer's comments in the preceding section. 9. Planning Commission Public Hearing and consideration of SDPA andTract Map. Approximately 10 days after City responds to Developer's comments in the preceding section. 10. City Council consideration of SDPA and Tract Map. Approximately 21 days after Planning Commission approval. T8495 Calie Tampico 1 La Ruinta, California 922531 160.171 TM 1 www.laquintaca.goy CALIFORNIA As of the date of this letter, the Developer has only constructed and completed 40 of the 148 condominium/casita units that now constitute the number of units required on Parcel 2. Therefore, the "Developer" (i.e., current owner of any portion of Parcel 2) is in default of the DDA and DA. In consideration of the aforementioned and the fact that there are several other items on the schedule that may become delinquent, the City requires a meeting to be held immediately with designated City staff, including myself, and its consultants. Please be prepared to outline and discuss a strategy with an associated schedule that gets the Project back on track. Any revised Schedule of Performance, and the proposed amendments described above, must meet with the approval of the City Manager, Designated Staff, City Attorney, and Council. T8495 Calie Tampico 1 La Ruinta, California 922531760.171.I{IBC 1 www.laquintaca.goy Item of Performance Time for Completion 11. City's issuance of SDPA, Tract Map and conditions. Within sixty (60) days from City's receipt of Developer's SDPA 12. Developer's submission of (1) evidence of financing necessary to complete units, and (ii) Precise Grading and Building Permit Applications. Within 30 days after Developer's completion of Precise Grading Plans and Construction Drawings for the Parcel 1 Restaurant 13. Developer's submission of building permit applications for rental unit development Within 120 days of Agency's approval of SDPA 14. City's issuance of building permits for the development of the rental units. Within 60-90 days from submission of complete set of construction documents including grading plans. 15. Developer commences construction of rental unit development Within 60 days after Developer's receipt of building permits for the rental unit development. 16. Completion of the rental unit development. Within eighteen (18) months of City's formal approval of SDPA As of the date of this letter, the Developer has only constructed and completed 40 of the 148 condominium/casita units that now constitute the number of units required on Parcel 2. Therefore, the "Developer" (i.e., current owner of any portion of Parcel 2) is in default of the DDA and DA. In consideration of the aforementioned and the fact that there are several other items on the schedule that may become delinquent, the City requires a meeting to be held immediately with designated City staff, including myself, and its consultants. Please be prepared to outline and discuss a strategy with an associated schedule that gets the Project back on track. Any revised Schedule of Performance, and the proposed amendments described above, must meet with the approval of the City Manager, Designated Staff, City Attorney, and Council. T8495 Calie Tampico 1 La Ruinta, California 922531760.171.I{IBC 1 www.laquintaca.goy NOTICE OF REQUIREMENT TO CURE: CALIFORNIA Pursuant to Sections 5.1 and 5.2 of the DA, this letter serves as a NOTICE OF DEFAULT for the above -referenced failures to perform. Under the DA, the Developer must complete the cure of defaults not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of this notice, or, for such defaults that cannot reasonably be cured within five (5) days [or thirty (30) days for non - monetary defaults], commence to cure the defaults within the five (5) day period [or thirty (30) day period for non -monetary defaults] and continuously and diligently prosecute such cure to completion. Furthermore, pursuant to Section 601 of the DDA, this letter serves as a NOTICE OF DEFAULT for the above -referenced failures to perform. Under the DDA, the Developer has thirty (30) days from the receipt of this notice to cure defaults, or if the nature of the defaults is such that cure cannot reasonably be expected to be completed within such thirty (30) day period, then with due diligence to commence the cure of the defaults within thirty (30) days of receipt of this notice and completion of the cure with diligence. II. Notice of Default re Construction and Completion of Parcel 1 Restaurant by Stirling Pursuant to the terms of the DDA and DA and all entitlements issued in connection therewith, the Developer was required to construct and complete two restaurants for the Project. The Developer has only constructed one of the restaurants and has defaulted on the DDA and DA by failing to construct the Parcel 1 Restaurant. According to City records, the current owner of Parcel 1 is Aneta Stirling. The Schedule of Performance sets forth times by which the Developer must start and complete specific items of performance. As negotiated by the parties, the Performance Schedule includes (in part) the following tasks, and completion dates for the construction and completion of the Parcel 1 Restaurant: T8495 Calie Tampico 1 La Ruinta, California 922531 160.171 TM 1 www.laquintaca.goy CALIFORNIA T8495 Calie Tampico 1 La Ruinta, California 922531 160.171 TM 1 www.laquintaca.goy Item of Performance Time for Completion 2A. Developer's submission of complete Site Development PermitApplication for Restaurant Parcel 1 (Parcel 1 SDPA'whichwill include: • Detailed Site Plan • Floor Plans and Layout • Elevations • Conceptual Landscaping • Master Grading Plan* • Track Map* On or before December 31, 2005. 3A. Review of Parcel 1 SDPA by all applicable City** departments. Agencywill use reasonable efforts to cause such review within 21 days after Developer's submittal of Parcel 1 SDPA. 4A. Agency response to Developer as to City comments on Parcel 1 SDPA. Within 7 days after Agency's receipt of City's final comments on application, but no later than 30 days after Developer's submission of Parcel 1 SDPA. 5. Developer and City responses. Developerwill respond to any requests within 7 days and Agency will use reasonable efforts to cause City to respond to any submission within 7 days. 6A. Agency publishes Notice of Public Hearing for the Parcel 1 SDPA before the Planning Commission. Within 10 days after City responds to Developer's comments regarding the Parcel 1 SDPA. 7A. Planning Commission's Public Hearing and consideration of Parcel 1 SDPA andTract Map. Approximately 10 days after first publication of notice of the same. T8495 Calie Tampico 1 La Ruinta, California 922531 160.171 TM 1 www.laquintaca.goy CALIFORNIA T8495 Calie Tampico 1 La Ruinta, California 922531 160.171 TM 1 www.laquintaca.goy Item of Performance Time for Completion 8A. City Council's consideration of Tract Map for Parcel 1.* Within 21 days after Planning Commission approval of the Parcel 1 SDPA 9A. City's issuance of Parcel 1 SDPA andTract Map and conditions. Within 7 days after approval of andTract Map by both Planning Commission and City Council. 10A. Developer's preparation of final grading plan and Design Development Drawings for Restaurant Parcel 1. Within 180 days after City issues Parcel 1 SDPA,Tract Map, and conditions. 11 A. Developer's submission of (i) evidence of financing necessary to complete Parcel 1 Restaurant, and (ii) grading and building permit applications for Restaurant Parcel 1. Within 90 days after Developer's completion of Design Development Drawings for the Parcel 1 Restaurant 12A. City's issuance of grading permit for Restaurant Parcel 1. Within 56 Days after City's receipt of building permit application for Restaurant Parcel 1. 13A. City's issuance of building permit for Within 98 days after receipt of building permit application for Parcel 1 Restaurant, which is 42 days after City's issuance of grading permit for Restaurant Parcel 1. 14A. Developer commences construction of Parcel 1 Restaurant Within thirty (30) days of City's issuance of building permits for Parcel 1 Restaurant. 15A. Completion of Parcel 1 Restaurant Within 30-36 months after City's issuance of building permits for Parcel 1 Restaurant. T8495 Calie Tampico 1 La Ruinta, California 922531 160.171 TM 1 www.laquintaca.goy CALIFORNIA As of the date of this letter, the Developer has failed to construct and complete the construction of the Parcel 1 Restaurant, and hence, is in default of the DDA and DA. In consideration of the aforementioned and the fact that there are several other items on the schedule that may become delinquent, the City requires a meeting immediately to be held with designated City staff, including myself, and its consultants. Please be prepared to outline and discuss a strategy with an associated schedule that gets the Parcel 1 Restaurant back on track. Any revised Schedule of Performance, and the proposed amendments described above, must meet with the approval of the City Manager, Designated Staff, City Attorney, and Council. Pursuant to Sections 5.1 and 5.2 of the DA, this letter serves as a NOTICE OF DEFAULT for the above -referenced failures to perform. Under the DA, the Developer must complete the cure of defaults not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of this notice, or, for such defaults that cannot reasonably be cured within five (5) days [or thirty (30) days for non - monetary defaults], commence to cure the defaults within the five (5) day period [or thirty (30) day period for non -monetary defaults] and continuously and diligently prosecute such cure to completion. Furthermore, pursuant to Section 601 of the DDA, this letter serves as a NOTICE OF DEFAULT for the above -referenced failures to perform. Under the DDA, the Developer has thirty (30) days from the receipt of this notice to cure defaults, or if the nature of the defaults is such that cure cannot reasonably be expected to be completed within such thirty (30) day period, then with due diligence to commence the cure of the defaults within thirty (30) days of receipt of this notice and completion of the cure with diligence. III. Notice of Default re Mitigation Fees by Developer and HOA Pursuant to the DA, the Developer and HOA are required to pay certain mitigation fees. Specifically, section 3.4.2 of the DA (specifically, as amended by Amendment No. 2 to the DA) requires the Developer to pay the City for each unit in the Casitas Development the sum of $1,585 at the close of escrow for each unit. The City has no records showing the one-time mitigation fees has been paid for any of the 40 condominium/casitas units that have been sold by the Developer. To cure the default, the Developer must pay the sum of $63,400. Based on City records, Dolphin did not pay any of the one-time fees for these 40 units that were developed T8495 Calie Tampico 1 La Ruinta, California 922531760.171.I{IBC 1 www.laquintaca.goy CALIFORNIA on Parcel B (a portion of Parcel 2), but the obligation runs with the land and must be paid by the current owner of Parcel B as the "Developer" under the DA. Section 3.4.3 of the DA (specifically, as amended by Amendment No. 2 to the DA) also requires the HOA to pay $150 for each unit in the Casitas Development ("Annual Mitigation Fee"). The HOA is not required to pay the Annual Mitigation Fee for any operative year in which the City has received Transient Occupancy Taxes ("TOT") derived from collectively the Suites Hotel and the Casitas Development, which equal or exceed its $546,131. This amount may increase by the Consumer Price Index ("CPI"). The TOT amount has not been met for any year. As of the date of this letter, the HOA is in default because it has not paid the Annual Mitigation Fee since April 9, 2020. To cure the default, the sum of $21,355.99 is past -due and must be remitted immediately to the City within five (5) days of this letter for the Annual Mitigation Fee for 2020, 2021, and 2022. Pursuant to Sections 5.1 and 5.2 of the DA, this letter serves as a NOTICE OF DEFAULT for the above -referenced failures to perform. Under the DA, the Developer must complete the cure of defaults not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of this notice, or, for such defaults that cannot reasonably be cured within five (5) days [or thirty (30) days for non - monetary defaults], commence to cure the defaults within the five (5) day period [or thirty (30) day period for non -monetary defaults] and continuously and diligently prosecute such cure to completion. Because the defaults for non-payment of mitigation fees referenced above are monetary in nature, cure must be completed within (5) days of receipt of this notice. Should you have any questions and to schedule a meeting, please contact me at (760) 777-7100. Sincerely, n McMillen City Manager cc: Bill Ihrke, City Attorney T8495 Calie Tampico 1 La Ruinta, California 922531760.171.I{IBC 1 www.laquintaca.goy Emily Perri Hemphill Selzer, Ealy, Hemphill & Blasdel, LLP 777 Tahquitz Canyon Way, Suite 328 Palm Springs, CA 92262 Francis A. Wong Genesis Hotel Development LLC 76890 Sandpiper Dr. Indian Wells, CA 92210 to, Qiiiiir� CALIFORNIA 15495 Calle Tampico I La Ruinta, California 52253 1760.777.MCI I www.laquintaca.goy ATTACHMENT TO NOTICE OF DEFAULT Center Pointe Project Tom ett — 0• /` AT TO IA t Ivan -ChM Figure 1 13. VOW iArtiArtn, U�u_r' tt:ri,2 � 4Cw L0 8448E1 8 FOR 8ASESERIT C4A/i1CAnON Ng wet, • 001 INIMIRS. 8044Iw, un WSW MOM ,n I .E8 AVENUE _. SHEET 4 0, ) SMLE,S M „R CT Of N 01.48,4. 001,1 Of ANTATC8. 55418 0' GAMMA PARCEL MAP NO. 31116 0 A 04,/0481400 OF 00/0050 0. NL SOWN NAV or SEcn00 ,A. 501.054450 5 50U714, IAK4 45 CAS1. SO le NSA CONSOLING. M. OCIOO 2004 ME r.n w,. • I 'II�� alm.3 LOT IF 5.44 PIONWITIN amyl MOM ,Ma •1• LOT AU a r4 WT OeTY'NJ Figure 2 f1, CITY OF LA QUNTA - CERTIFICATE OF LOT UNE ADJUSTMENT EXHIBIT 'B' 1 LOT UNE ADJUSTMENT NO. 2008-496 TP.0.L I L19 PAR. 'r NE TO NEW ADJUSTED se D O �/i lLB --- LOT LITE 49 PARCEL 'B' gti Q' q' 367.958 SO. FT. zl N • 15'25' w ,j 8.447 AC. ..I ( 20' LANDSCAPE 1 / CVWO ESUT� E4 ypNT 04'2' w • '4b 698/015610-0006 18517042.1 a02/21/23 200' . ,. Figure 3 698/015610-0006 18517042.1 a02/21/23 -2- „LL: 7 1.1ir s. Monika Radeva From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Good morning, Monika Radeva Tuesday, January 3, 2023 8:16 AM jzeivel@drminternet.com City Clerk Mail La Quinta - Center Pointe - Notice of Default DDA & DA 2022-12-23 2022-12-23 Center Pointe - Notice of Default re DA & DDA.pdf Follow up Flagged Please find enclosed in this email correspondence a copy of the Notice of Default, issued by the City of La Quinta on December 22, 2022, and mailed on December 23, 2022, to the following parties and/or entities: • Dolphin Partners, Inc. • CP Development La Quinta, LLC • Dr. Sheri Wen Hsu • Dr. Aneta Stirling • Desert Villas Homeowners Association under the terms of the Disposition and Development Agreement and the Development Agreement and the amendments to these agreements for the Center Pointe Project on the property located southwest of Miles Avenue and Washington Street in the City of La Quinta, dated December 23, 2022. You are receiving this correspondence as the property manager for Desert Resort Management on behalf of Desert Villas Homeowners Association. Desert Villas Homeowners Association c/o Property Manager Association Desert Resort Management 42-635 Melanie Place Suite 103, Palm Desert, CA 92211 Thank you. Monika Radeva, CMC 1 City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva@laquintaca.gov 1 From: Monika Radeva Sent: Monday, December 26, 2022 2:00 PM To: akwoczala@hotmail.com; Jkingsley@dolphin-partners.com; Dick@oliphantenterprises.com; french@equitydirections.com Cc: City Clerk Mail Subject: La Quinta - Center Pointe - Notice of Default DDA & DA 2022-12-23 Attachments: 2022-12-23 Center Pointe - Notice of Default re DA & DDA.pdf Good afternoon, Please find enclosed in this email correspondence a copy of the Notice of Default, issued by the City of La Quinta on December 22, 2022, and mailed on December 23, 2022, to the following parties and/or entities: • Dolphin Partners, Inc. • CP Development La Quinta, LLC • Dr. Sheri Wen Hsu • Dr. Aneta Stirling • Desert Villas Homeowners Association under the terms of the Disposition and Development Agreement and the Development Agreement and the amendments to these agreements for the Center Pointe Project on the property located southwest of Miles Avenue and Washington Street in the City of La Quinta, dated December 23, 2022. Thank you. Monika Radeva, CMC 1 City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva@laquintaca.gov 1 42uitt -CvLI[ City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 CERTIFIED MAIL 1 1 USPS CERTIFIED MAIL 1 111 1 1 111 1011 9214 8901 8804 0800 0491 59 1011 DOLPHIN PARTNERS, INC. ATTN: KEVIN PITTS 18818 TELLER AVENUE IRVINE, CA 92612 Tracking Number: 9214890188040800049159 Copy `,. Add to Informed Delivery Latest Update Your item was delivered to the front desk, reception area, or mail roam at 11:02 am on December 27. 2022 in IRVINE. CA 92612. Get More Out of USPS Tracking: USPS Tracking Plus NEOPOST 12/23/2022 US POSTAGE FIRST-CLASS MAIL $007.44° ZIP 92253 r = •.n --r �; 041 M { 1452208 Delivered Delivered, Front Desk/Reception/Mail Room IRVINE, CA 92612 December 27, 2022, 11:02 am See All Tracking History huathira - ( Al II ORM \- City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 CERTIFIED MAIL ui USPS CERTIFIED MAIL 1 III 110 9214 8901 8804 0800 0491 66 Mi DR SHERI WEN HSU PO BOX 5987 LA QUINTA CA 92248-5987 Tracking Number: 9214890188040800049166 Copy t Add to Informed Delivery Latest Update Your item was delivered at 11:25 am on January 8. 2023 in LA QUINTA, GA 92248. Get More Out of USPSTracking: USPS Tracking Plus® C Delivered Delivered NEOPOST 12/23/2022 US POSTAGE LA QUINTA, CA 92248 January 6, 2023, 11:25 am See All Tracking History FIRST CLASS MAIL $007.442 ZIP 92253 041M11452208 athfra - (:AI HORN! ,\ City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 ..=es aIIIIIIIIIIIIIIIIIIIIIIII� 11 1 ni USPS CERTIFIED MAIL 1 1 1 1 ni iw 9214 8901 8804 0800 0491 73 111 DR ANETA STIRLING STE F 40075 BOB HOPE DR RANCHO MIRAGE CA 92270-3945 Tracking Number: 9214890188040800049173 n Copy **Add to Informed Delivery Latest Update Your item was delivered to the front desk, reception area, or mail room at 9:07 am on December 27. 2022 in RANCHO MIRAGE, CA 92270. Get More Out of USPS Tracking: USPS Tracking Plus` NEOPOST '12/23/2022 US POSTAGE FIRST-CLASS MAIL $007.44° wingt ZIP 92253 041M11452208 G Delivered Delivered, Front Desk/Reception/Mail Room RANCHO MIRAGE. CA 92270 December 27, 2022, 9:07 am See All Tracking History adifra City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 CERTIFIED MAIL iii 1 1 1 I I USPS CERTIFIED MAIL 1 1 1 I I I 10 9214 8901 8804 0800 0491 80 1 NII CP DEVELOPMENT LA QUINTA LLC ATTN: RICHARD OLIPHANT 77900 AVENUE OF THE STATES PALM DESERT CA 92211-8003 Tracking Number: 9214890188040800049180 E0 Copy Add to Informed Delivery Latest Update Your item was delivered to an individual at the address at 10:12 am on December 27. 2022 in PALM DESERT, CA 92211. Get More Out of USPS Tracking: USPS Tracking Plus® (✓ Delivered Delivered, Left with Individual PALM DESERT, CA 92211 December 27, 2022, 10:12 am See All Tracking History NEOPOST 12123/2022 US POSTAGE FIRST-CLASS MAIL $007.44° ZIP 92253 041M11452208 taiaditra City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 CERTIFIED MAIL 11 1 ui USPS CERTIFIED MAIL 1 1 1 NI 9214 8901 8804 0800 0491 97 CP DEVELOPMENT LA QUINTA LLC STE 100 77564 COUNTRY CLUB DR PALM DESERT CA 92211-0449 Tracking Number: 9214890188040800049197 Copy Add to Informed Delivery Latest Update Your item was delivered to the front desk, reception area. or inail roam at 10:59 am an December 27. 2022 in PALM DESERT. CA 92211. Get More Out of USPS Tracking: fa USPS Tracking Plus° 1 01 NEOPOST 12/23/2022 US POSTAGE FIRST CLASS MAIL $007.44 0 ple#,ZIP 92253 041M11452208 [✓ Delivered Delivered, Front Desk/Reception/Mail Room PALM DESERT, GA 92211 December 27, 2022, 10:58 am See All Tracking History - CAI II ORNIA - City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 CERTIFIED MAIL I I 1 I 11101.II 101 USPS CERTIFIED MAIL 1 9214 8901 8804 0800 0492 03 DESERT VILLAS HOMEOWNERS ASSOCIATION DESERT RESORT MANAGEMENT C/O: PROPERTY MANAGER ASSOCIATION STE 103 42635 MELANIE PL PALM DESERT CA 92211-9113 Tracking Number: 9214890188040800049203 Copy Add to Informed Delivery Latest Update Your item was delivered to an individual at the address at 10:56 am an December 28. 2022 in PALM DESERT, CA 92211. Get More Out of USPS Tracking: USPS Tracking Plus 1 Delivered Delivered, Left with Individual PALM DESERT, GA 92211 December 28, 2022, 10:56 am See All Tracking History NEOPOST 12;23/2022 US POSTAGE FIRST-CLASS MAIL $007.442 ZIP 92253 r-= m� 041M11452208