LLQC 2024-0003 Notice, Agrmt, & Covenant DOC # 2024-0083408RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
DOC # 2024-0083408
03/21/2024 02:54 PM Fees: $0.00
Page 1 of 15
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: ELENA #448
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov. Code
§6103 and §27383)
NOTICE, AGREEMENT, AND COVENANT AFFECTING REAL PROPERTY
(City of La Quinta — Qualified and Certified Large Lot)
This AGREEMENT, NOTICE, AND COVENANT AFFECTING REAL
PROPERTY (this "Covenant") is entered into as of the 19th day of March, 2024
(the "Effective Date"), by and between the CITY OF LA QUINTA, a California
municipal corporation and charier city ("City"), and Alam Khan, ("Property Owner"),
with reference to the following:
RECITALS
A. Chapter 3.25 of the La Quinta Municipal Code (LQMC) regulates
short-term vacation rentals (STVRs) in the City, including but is not limited to
permitted and prohibited uses, STVR processing and permitting procedures, and
other related STVR requirements, violations, and fines.
B. Effective May 20, 2021, Section 3.25.055 of the LQMC established
a ban on the issuance of new STVR permits for properties located within non-
exempt areas of City.
C. Effective January 4, 2024, Section 3.25.057 of the LQMC provides
that a "Qualified and Certified Large Lot," as defined, may be exempted from the
ban on the issuance of new STVR permits if certain criteria are met.
D. Property Owner owns fee title to that certain real property located in
the City of La Quinta, California and more specifically described on Exhibit "A"
which is attached hereto and incorporated herein by this reference (the "Property").
E. Property Owner submitted an application for the City to review,
consider, and approve the Property as a Qualified and Certified Large Lot.
DOC #2024-0083408 Page 2 of 15
F. On March 19, 2024, the City Council of the City of La Quinta adopted
Resolution Number 2024-011 (the "Resolution") approving the Property as a
Qualified and Certified Large Lot, subject in part to a requirement that the Property
Owner execute this Covenant, which shall be recorded in the Official Records of
Riverside County. The Resolution, including any Conditions of Approval
associated therewith is attached hereto as Exhibit "B" and incorporated herein by
this reference.
G. City and Property Owner now desire to execute this Covenant as a
condition of City's approval in the Resolution that the Property is a Qualified and
Certified Large Lot.
AGREEMENT, NOTICE, AND COVENANT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein by this reference, the mutual covenants and agreernents
contained herein, and other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, the City and Property Owner hereby
agree as follows:
1. EFFECTIVE DATE. This Covenant shall be effective and of full force and
effect upon complete execution by City and Property Owner, which shall be
inserted in the preamble, and shall be perfected as binding against any and all
owners of the Property upon recording in the Official Records of Riverside County.
2. QUALIFIED AND CERTIFIED LARGE LOT.
2.1 Approval Conditional. City's approval in the Resolution that the
Property is a Qualified and Certified Large Lot is contingent on the Property's
compliance with this Covenant, LQMC Section 3.25.057 or successor provisions
as the same may be amended, and the Resolution, including the Conditions of
Approval, if any, set forth in the Resolution (collectively the "Resolution
Conditions"). Property Owner acknowledges that the Property only qualifies as a
Qualified and Certified Large Lot when it meets the Resolution Conditions, and
covenants to keep the Property in compliance with such Resolution Conditions at
all times when the Property is operating as a Qualified and Certified Large Lot. If,
at any point, the Property is out of compliance with the Resolution Conditions, it
shall imrnediately cease to qualify as a Qualified and Certified Large Lot without
any further action of City.
2.2 Single Lot. Property Owner acknowledges, covenants, and agrees
that the Property is a single parcel and shall remain a single parcel at all times
when the Property is used as a Qualified and Certified Large Lot. In no event shall
the Property be subdivided, merged, subject to a lot -line adjustment, or otherwise
altered in a manner that would result in the Property no longer being a single lot
which complies with the Resolution Conditions. Any subdivision, merger, lot -line
adjustment, or other alteration in violation of this Section 2.2 shall be a violation of
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DOC #2024-0083408 Page 3 of 15
this Covenant and shall result in immediate disqualification of the Property as a
Qualified and Certified Large Lot.
2.3 STVR Permits Contingent. Property Owner acknowledges and
agrees that any STVR permits granted due to the Property's designation as a
Qualified and Certified Large Lot shall immediately lapse and be void if at any time
the Property ceases to qualify as a Qualified and Certified Large Lot. Operation of
an STVR subject to such a permit shall be a violation of the STVR permit and this
Covenant if the Property does not meet the Resolution Conditions.
3. REMEDIES FOR DEFAULT.
3.1 City's Rights. In the event of failure by Property Owner or any
successor to the Property (or any portion thereof) to perform any material term or
provision of this Covenant, City shall have those rights and remedies provided in
this Covenant and any and all rights and remedies available at law or in equity,
including but not limited to immediate and permanent injunctive relief.
3.2 City's Rights in the Event of Unlawful STVR Operation. Without
limitation to Section 3.1, in the event that Property Owner operates an STVR on
the Property in violation of this Covenant, City's remedies shall include (i)
revocation of the Property's eligibility to operate as a Qualified and Certified Large
Lot, (ii) revocation or termination of any STVR permit granted on the condition that
the Property qualify as a Qualified and Certified Large Lot, and/or (iii) any other
remedy available at law or in equity including under LQMC Chapter 3.25.
4. GENERAL PROVISIONS.
4.1 Notice of Covenant. By executing this Covenant, Property Owner
covenants that it has taken notice of all matters contained herein.
4.2 Amendment and Cancellation. Except as expressly allowed herein,
this Covenant shall not be amended or canceled in whole or in part without the
prior written consent of City.
4.3 Covenant Runs with the Land. This Covenant shall be construed as
a covenant running with the land to the burden of the Property and in favor of City
and its successors in interest. This Covenant shall be binding on Property Owner
and its successors in interest, and any grant, transfer, or conveyance of interest in
the Property shall be and hereby is conditioned on the assumption of this Covenant
in its entirety by the successor in interest.
4.4 Recording. Upon complete execution and notarizing of this
Covenant, City shall cause the Covenant to be recorded in the Official Records of
Riverside County. This Covenant shall have priority over and shall not be made
subordinate to any mortgage, deed of trust, or other encumbrance recorded
against the Property without the expressed written consent of the City. If this
Covenant becomes subordinate to any mortgage, deed of trust, or other
3
DOC #2024-0083408 Page 4 of 15
encumbrance recorded against the Property without the written approval of the
City, and the Property is sold, transferred, or otherwise conveyed by foreclosure
or deed in lieu of foreclosure, the City reserves the right to require the subsequent
owner to re -apply to the City pursuant to Section 3.25.057 (or successor
provisions) for the review and consideration of the Property as a Qualified and
Certified Large Lot.
4,.5 Notices. Any approval, disapproval, demand, document or other
notice ("Notice") which either party may desire to give to the other party under this
Covenant 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 tirne of delivery, or (iii) dispatched by registered or
certified mail, postage prepaid, return receipt requested, to the principal offices of
City and Property Owner at the addresses specified below, or at any other address
as that party may later designate by Notice:
To City:
With a copy to:
To Property Owner:
With a copy to:
City of La Quinta
City Clerk's Office
78495 Calle Tampico
La Quinta, California 92253
Attn: City Manager
Rutan & Tucker, LLP
18575 Jamboree Rd, 9th Floor
Irvine, California 92612
Attn: William H. Ihrke
Alam Khan
43910 El Lucero Place
Temecula, CA 92592
Robert Conrad
PO Box 841
Palm Desert, CA 92261
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.
4.6 Non -liability of City Officers and Employees. No official, officer,
employee, agent or representative of City, acting in his/her official capacity, shall
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DOC #2024-0083408 Page 5 of 15
be personally liable for any loss, costs, damage, claim, liability, or judgment, arising
out of or connection to this Covenant, or for any act or omission on the part of City.
4.7 Covenant Against Discrimination. There shall be no discrimination
against, or segregation of, any person or group or persons on account of race,
color, creed, religion, sex, marital status, national origin or ancestry, or any other
impermissible classification, in the performance of this Covenant. Property Owner
shall comply with the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101, et seq.).
4.8 Attorney's Fees and Costs for Prevailing Party. If there is an action
against one party by reason of the default of any term or condition in this Covenant,
or otherwise arising out of this Covenant, the unsuccessful party shall pay to the
prevailing party its attorney's fees and costs, which shall be payable whether or
not such action is prosecuted to judgment, and shall include fees and costs of
appeal, if any. The term "prevailing party" shall include, without limitation, a party
who obtains substantially the relief sought whether by compromise, settlement or
judgment.
4.9 Severability. If any term or condition of this Covenant is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Covenant shall continue in full force and effect.
4.10 Time. Time is of the essence in the performance of this Covenant
and of each term and condition hereof as to which time is an element.
4.11 Recitals & Exhibits Incorporated. The Recitals to this Covenant and
all of the Exhibits to this Covenant are, by this reference, incorporated into this
Covenant and made a part hereof.
4.12 Authority to Execute; Representations and Warranties. The Property
Owner warrants and represents that (i) Property Owner is duly authorized to
execute and deliver this Covenant, (ii) by executing this Covenant, Property Owner
is formally bound to the provisions of this Covenant, (iii) Property Owner's entering
into and performance of the obligations set forth in this Covenant do not violate
any provision of any other agreement to which Property Owner is bound, and (iv)
there is no existing or threatened litigation or legal proceeding of which the
Property Owner is aware which could prevent Property Owner from entering into
or performing its obligations set forth in this Covenant.
4.13 City Approvals and Actions. The City Manager or authorized
designee shall have the authority to implement this Covenant, 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 Covenant are
maintained. All other City approvals and actions shall require at least a majority
vote of the City Council of the City of La Quinta. Nothing in this paragraph prevents
or shall be construed as preventing the City Manager from taking any review,
DOC #2024-0083408 Page 6 of 15
approval request, or other action relating to this Covenant to the City Council of
City for its review and action.
4„14 Governing Law. The internal laws of the State of California shall
govern the interpretation and enforcement of this Covenant without regard to
conflicts of law principles. Any action at law or in equity brought by City or Property
Owner for the purpose of enforcing, construing, or interpreting the validity of this
Covenant 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 appropriate
court in said county.
4.15 Counterpart. For convenience, City and Property Owner may
execute and acknowledge this Covenant in counterparts which shall constitute one
and the same complete Covenant.
[end — signature page follows]
DOC #2024-0083408 Page 7 of 15
IN WITNESS WHEREOF, City and Property Owner have executed this
Covenant as of the date first indicated in the preamble.
CITY PROPERTY OWNER
CITY OF LA QUINTA, a California
municipal corporation and charter city
JO c. ILLEN, City Manager
MONIKA RADEVA, City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
WILLIAM H. IHRKE, City Attorney
ao
7
Date: 2
2. .
DOC #2024-0083408 Page 8 of 15
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
)
County of Riverside )
On February 21, 2024, before me, LORI FRANCIS LORETT, Notary Public, personally
appeared ALAM KHAN who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/aro subscribed to the within instrument, and acknowledged
to me that he/chc/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signaturefs) 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:
DOCUMENT:
m. rihnamdill"46 LORI FRANCIS LORETT
�= Notary Public - California
Riverside County
Commission # 2396191
impiapmrse
.•a My Comm, Expires Mar 8, 2026
(notary seal)
Notice, Agreement, and Covenant Affecting Real Property (City of La Quinta — Qualified
and Certified Large Lot) — 51555 Madison Street
DOC #2024-0083408 Page 9 of 15
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 3 OF TRACT NO. 6682, IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 88,
PAGES 42, AND 43 OF MAPS, IN THE IN THE OFFICE OF THE COUNTY OF
RIVERSIDE RECORDER OF SAID COUNTY.
ASSESSOR'S PARCEL NUMBER: 777-030-006
EXHIBIT "A"
DOC #2024-0083408 Page 10 of 15
EXHIBIT "B"
COUNCIL RESOLUTIION AND CONDITIONS OF APPROVAL
Council Resolution No. 2024-011, adopted on March 19, 2024 — enclosed
Conditions of Approval — None
EXHIBIT "B"
DOC #2024-0083408 Page 11 of 15
EXHIBIT B
RESOLUTION NO. 2024-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING THE
PROPERTY LOCATED AT 51555 MADISON STREET, LA
QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR
PARCEL NUMBER 777-030-006, AS A "QUALIFIED AND
CERTIFIED LARGE LOT" PURSUANT TO SECTION
3.25.057 OF THE LA QUINTA MUNICIPAL CODE
CASE NUMBER:
LARGE LOT QUALIFIED AND CERTIFIED 2024-0003
APPLICANT: ROBERT CONRAD
OWNER: ALAM KHAN / DALIA K PROPERTIES & HOLDINGS, LLC
WHEREAS, the City has the authority to regulate residential uses, including
STVR uses, operating within the City; and
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) regulates
short-term vacation rentals (STVRs) in the City, including but not limited to STVR
permitted uses, STVR processing and permitting procedures, and other related STVR
requirements, violations, and fines; and
WHEREAS, effective May 20, 2021, Section 3.25.055 of the LQMC established a
ban on the issuance of new STVR permits for properties located within non-exempt
areas in La Quinta; and
WHEREAS, effective January 4, 2024, Section 3.25.057 of the LQMC provides
that properties may apply for and be approved as a "Qualified and Certified Large Lot,"
as defined, and shall be exempted from the ban on the issuance of new STVR permits
in non-exempt areas as set forth in Section 3.25.055 of the LQMC, if certain criteria are
met; and
WHEREAS, the City Council of the City of La Quinta, California, did, on March
19, 2024, hold a duly noticed Public Hearing to consider a request for approval of the
property located in mid La Quinta at 51555 Madison Street, La Quinta, California (the
"Property"), as a "Qualified and Certified Large Lot," as defined, in accordance with
LQMC Section 3.25.057; and
WHEREAS, the City published a public hearing notice in The Desert Sun
newspaper on March 8, 2024, as prescribed by the LQMC and State Planning and
Zoning Law (Gov. Code Section 65000 et seq.); public hearing notices were also mailed
to all property owners within 500 feet of the Property; and
DOC #2024-0083408 Page 12 of 15
Resolution No. 2024 — 011
Qualified and Certified Large Lot — 51555 Madison Street
Adopted: March 19, 2024
Page 2 of 4
WHEREAS, upon hearing and considering all testimony and arguments, the City
Council approves the Property as a Qualified and Certified Large Lot for the following
reasons:
1) The Property has a "Lot Area," as defined, comprised of a single parcel of 9.25
acres, or 402,930 square feet, which is greater than the Lot Area requirement of
no less than 25,000 square feet pursuant to Section 3.25.057(A)(1) of the LQMC;
and
2) The Property has an existing main dwelling and two (2) accessory dwelling units,
with a combined total of 5,553 square feet, between all three units, of living area
available for use; and
3) The total number of approved bedrooms shall be established at the issuance of
an STVR permit, and shall be verified at least annually during the STVR permit
renewal. Riverside County Assessor records show there are two (2) bedrooms in
the main dwelling for this Property; and five (5) additional bedrooms between the
two (2) accessory dwelling units on the parcel, which are presently under review
to verify compliance with current building code regulation and permitting, and if
confirmed, would increase the total number of bedrooms to seven (7) amongst all
existing dwellings on the parcel; and
4) The Property shall be subject to the allowed daytime and overnight occupancy
limits established pursuant to Section 3.25.070(B) of the LQMC based on the
approved number of bedrooms; and
5) The Property is located in mid La Quinta, and is not within a residential project
governed by a homeowners' association (HOA), and there are no applicable
HOA conditions, covenants, and restrictions (CC&Rs) or any other applicable
governing documents that may restrict the use of the Property as an STVR unit;
and
6) The use of the Property as an STVR unit is not prohibited or otherwise
inconsistent with any recorded instruments governing the use of the Property;
and
7) On-site inspection of the Property was conducted on March 6, 2024, by the City's
Municipal Code Compliance Office to verify:
a. The locations of outdoor gathering/living spaces and entertainment areas,
including but not limited to any pool(s), spa(s), BBQ areas, courtyard(s),
and recreational activities (such as games — putting green, corn hole,
ping-pong table, croquet, basketball hoop, etc.) are as shown in enclosed
"Exhibit A — Site and Parking Plan," incorporated herewith by this
DOC #2024-0083408 Page 13 of 15
Resolution No. 2024 — 011
Qualified and Certified Large Lot — 51555 Madison Street
Adopted: March 19, 2024
Page 3 of 4
reference; and the physical distance and their proximity to neighboring
properties is unlikely to cause a disturbance; and
b. There is adequate on-site parking for use of the Property as an STVR unit,
in accordance with Section 3.25.050(F) of the LQMC, as shown in
enclosed "Exhibit A — Site and Parking Plan," incorporated herein by this
reference. The Property does not have a garage and street parking is not
available, however, it is located behind a private gate, and can
accommodate three (3) cars in the driveway from the gate to the main
dwelling, and has a large parking area at the bottom of the property; and
8) The single parcel is not, nor will the single parcel ever be for the duration of the
Property's approval as a Qualified and Certified Large Lot, subject to a
subdivision, lot -line adjustment, lot merger, or any other alteration of the single
parcel under the Subdivision Map Act in Division 2 (commencing with Section
64410) of Title 7 of the California Government Code or under Title 13 of the
LQMC, which would result in the single parcel no longer being in compliance with
the original approval by the City under Section 3.25.057 of the LQMC pursuant to
this Resolution; and
9) The City Council does hereby authorize the City Manager, or designee(s), to
execute a land use covenant (the "Notice, Agreement, and Covenant Affecting
Real Property"), in a form approved by the City Attorney and executed by the
owner of the Property, memorializing the terms and conditions applicable to the
Property, for the duration of the Property's approval as a Qualified and Certified
Large Lot for use as an STVR unit, with said land use covenant to include this
Resolution, along with all Exhibits, and Conditions of Approval, if any, imposed
by the City Council at the public hearing. The executed land use covenant shall
be recorded against the Property in the Riverside County Recorder's Office no
later than sixty (60) days after the adoption of this Resolution, or such later date
as may be mutually agreed upon by the owner of the Property and the City
Manager.
10) There are a total of 6 active STVR permits within a 500 -foot radius from the
Property as of this writing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The foregoing recitals are true and correct, and constitute the
findings of the City Council in this case, and are incorporated herein by this reference.
SECTION 2. The City Council does hereby approve the Property as a Qualified
and Certified Large Lot pursuant to Section 3.25.057 of the LQMC.
DOC #2024-0083408 Page 14 of 15
Resolution No. 2024 — 011
Qualified and Certified Large Lot — 51555 Madison Street
Adopted: March 19, 2024
Page 4of4
SECTION 3. This Resolution shall go into effect upon adoption and the City
Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 19th day of March, 2024, by the following vote:
AYES: Councilmembers McGarrey, Pena, Sanchez, and Mayor Evans
NOES: Councilmember Fitzpatrick
ABSENT: None
ABSTAIN: None
ATTEST:
MONIKA RAD' VA, erty Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
C
LIND EVANS, Mayor
City of La Quinta, California
DOC #2024-0083408 Page 15 of 15
Large Parking Area
Main Dwelling
Outdoor
Living Areas
Driveway Parking
Large Parking Area
1