2018 Sunrise LQ, LLC & Andalusia Country Club - Monroe St Assign & Assump Agrmt DOC # 2018-0421849DOC # 2018-0421849
RECORDING REQUESTED BY:
10/25/2018 11:42 AM Fees: $0.00
First American Title Company
Page 1 of 9
Recorded in Official Records
WHEN RECORDED MAIL DOCUMENT TO:
County of Riverside
Peter Aldana
Sunrise LQ LLC
Assessor -County Clerk -Recorder
300 Eagle Dance Circle
Palm Desert, CA 92211
"This document was electronically submitted
to the County of Riverside for recording"
Receipted by: MARY #420
A.P.N.: Not Applicable
Property Address: See attached legal , La Quinta, CA
TRA:
DTT: N/A
Space Above This Line for Recorder's Use Only
File No.: OSA-5600012 (br)
Assia_ nment and Assumption of Public Improvements Maintenance Agreement (Monroe
Street)
Title of Document
Exemption reason declared pursuant to Government Code 27388.1
0 This Document is a transfer that is subject to the imposition of documentary transfer tax.
irll*� This is a document recorded in connection with a transfer that is subject to the imposition of document
transfer tax. ,
Document reference: /rCVrd.--Ae Goh %e�ekl,,&
❑ This document is a transfer of real property that is a residential dwelling to an owner -occupier
❑ This is a document recorded in connection with a transfer of real property that is a residential dwelling to
an owner -occupier.
Document reference:
THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE
(SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies)
DOC #2018-0421849 Page 2 of 9
Recording Requested By:
First American Title Company
National Homebuilder Services
Subdivision Deportment
RECORDING REQUESTED BY
SUNRISE LQ, LLC
300 Eagle Dance Circle
La Quinta, CA 92211
AND WHEN RECORDED MAIL TO
SUNRISE LQ, LLC
300 Eagle Dance Circle
La Quinta, CA 92211
')b000 P-1>C-
ASSIGNMENT AND ASSUMPTION OF PUBLIC IMPROVEMENTS MAINTENANCE
AGREEMENT (Monroe Street)
THIS ASSIGNMENT AND ASSUMPTION OF PUBLIC IMPROVEMENTS
INTENA CE AGREEMENT (this "Assignment:") is made as of this &k day of
, 2018 (the "Effective Date"), by T.D. DESERT DEVELOPMENT
LIMITED PARTNERSHIP, a Delaware partnership ("Assignor"), in favor of SUNRISE LQ,
LLC, a Delaware limited liability company and ANDALUSIA COUNTRY CLUB, LLC, a
Delaware limited liability company ("Assignee"), with confirmation, consent and release granted
by the CITY OF LA QUINTA, a California Municipal Corporation (the "City"), collectively
(the "Parties").
WITNESSETH:
WHEREAS, Assignor and the City are parties to that certain Public
Improvements Maintenance Agreement (Monroe Street) Coral Mountain Development, dated
March 6, 2014, and recorded on April 4, 2014 as Document No. 2014-0123859 in the Official
Records of Riverside County, California (as amended, supplemented, or modified, the
"Agreement"), which Agreement encumbers certain tracts or parcels of property as described
therein and incorporated herein (the "Property");
WHEREAS, pursuant to that certain Grant Deed of even date herewith (the
"Deed"), Assignor is granting and conveying the Property to Assignee;
WHEREAS, the City has confirmed that the Monroe Median hardscape
improvements (as defined in the Agreement) as required by the Agreement are complete and the
Monroe Median landscape improvements (as defined in the Agreement) are outstanding.
WHEREAS, the City intends to have the East Side Property Owner, as defined in
the Agreement, complete the landscaping improvements within the Monroe Median as a
condition of approval for their development.
1
10-10-18v11
DOC #2018-0421849 Page 3 of 9
WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to
assume from Assignor, all right, title, interest, reservations, powers and privileges of Assignor
under the Agreement, all on the terms hereinafter set forth; and
NOW, THEREFORE, in consideration of the sum of TEN AND NO/100THS
DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Assignor, with full power and authority to so act, and
concurrently with the delivery of the Deed to Assignee, hereby sells, transfers, assigns and sets
over to Assignee, its successors and assigns, all right, title, interest, reservations, powers, and
privileges of Assignor under the Agreement (collectively, the "Assigned Rights").
By the City's execution hereof, the City hereby (i) confirms the Monroe Median
hardscape improvements (as defined in the Agreement) are complete and that the Monroe
Median landscaping improvements (as defined in the Agreement) are outstanding; (ii) the City
confirms the fact that the Assignee will not be required to install the Monroe Median landscaping
improvements (as defined in the Agreement) by the City; (iii) warrants the following: (a) that the
Assignor is not in default in the performance of any duty or obligation under the Agreement; (b)
except for this Assignment, the City has not consented to the Agreement being assigned,
modified or amended; (c) there are no existing or pending lawsuits, and no defenses or offsets
relating to lawsuits, arising out of the Agreement; and (iv) releases Assignor of all obligations
and liability under the Agreement accruing from and after the date hereof.
Assignee does hereby assume and agree to observe and perform and be bound by all of
Assignor's obligations and duties under the Agreement accruing from and after the date hereof.
Assignee agrees to indemnify, protect, defend and hold Assignor harmless from and against any and
all liabilities, losses, costs, damages and expenses (including reasonable attorneys' fees) directly or
indirectly arising out of or related to any breach or default in Assignee's foregoing obligations.
Assignor shall remain liable for all of Assignor's obligations under the Agreement accruing
prior to the date hereof, except to the extent that any such obligation is prorated and adjusted, or
otherwise credited to Assignee, at Closing (as defined in the Sale Agreement, as hereinafter
defined). Assignor agrees to indemnify, protect, defend and hold Assignee harmless from and
against any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys'
fees) directly or indirectly arising out of or related to any breach or default in Assignor's foregoing
obligations.
As used herein, "Sale Agreement" shall mean that certain Purchase and Sale Agreement,
dated as of July 13, 2018, by and among CORAL OPTION I, LLC, a Delaware limited liability
company, T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited
partnership, CORAL MOUNTAIN, LLC, a Delaware limited liability company, and SUNRISE LQ,
LLC, a Delaware limited liability company, as the same may have been amended, modified or
assigned.
This Assignment shall be binding upon and inure to the benefit of Assignor, Assignee, the
City and their respective heirs, executors, administrators, successors and assigns.
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DOC #2018-0421849 Page 4 of 9
This Assignment may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
[SIGNATURES BEGIN ON NEXT PAGE]
NA
DOC #2018-0421849 Page 5 of 9
IN WITNESS WHEREOF, Assignor, Assignee, and the City have executed this
instrument under seal as of the date set forth above.
ASSIGNOR:
T.D. DESERT DEVELOPMENT
LIMITED PARTNERSHIP, a Delaware
partnership
By: T.D. Desert Development Corp., its
general partner
By:
Name:-Valaij
Title: V e
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
On �_, 2018, before me, — sm V, M{P 2, ,Notary Public,
personally appeared Nkj" � -rk-S who proved to me on the basis of
satisfactory evidence to be the person(g) whose name( is/are subscribed to the within
instrument and acknowledged to me that he/sh@Akey executed the same in his/herfthrir
authorized capacity(ies), and that by his/her/their signature(s-�on the instrument the person(&), or
the entity upon behalf of which the person(,g) 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.
SONIA RONOEZ
Notarypublic— California L
WITNESS my hand and official seal. s Riverside County
Commission 6 2212768
My Comm. Expires Oct 1, 2021
ism (Notary Seal)
4c'' (Signature of No Publi
[SIGNATURES CONTINUE ON NEXT PAGE]
DOC #2018-0421849 Page 6 of 9
ANDALUSIA COUNTRY CLUB, LLC, a
Delaware limited liability company
B
Name: P%2 �'/�/ K . 511, �� mil, J l-
Title:
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 Pi \I eY—L) 1n) e
On QCAnh-eY- 10 . 2018, before me, Cq A G vrY'— . Notary Public,
personally appeared e . 5r'� i �h , <Tf , who proved to me on the basis of
satisfactory evidence to be the person(4 whose nameV) is/a/e subscribed to the within
instrument and acknowledged to me that he/safe/tVy executed the same in his/h�r/their
authorized capacity(iA' and that by his/her/tla(eir signature( on the instrument the person(), or
the entity upon behalf of which the person(K) acted, executed the instrument.
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.
O(Signature of Notary Public)
MM—
A. GAMA�2099290 • CALIFORN
IA(Notary Se COUNTY FebrM 7. 2019
DOC #2018-0421849 Page 7 of 9
ASSIGNEE:
SUNRISE LQ, LLC, a Delaware limited
liabilit company
By -
Name: /%"al .'!L. Sl�r.� �'�! �/"•
P �
Title: Pt --III f -cf '2k
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 R lI e vrS J e-
OnOc-�r ,O,f 10 , 2018, before me,kT,t(Anj+a f-''1 A - (--7r Ot,w)GZ , Notary Public,
personally appeared Ph Ni � k. S rn Tr. , who proved to me on the basis of
satisfactory evidence to be the person(s') whose name(i) is/a/e subscribed to the within
instrument and acknowledged to me that he/,&Ire/tjiey executed the same in his/Vr/t*r
authorized capacity(, and that by his/(ter/t4eir sic-nature(s)on the instrument the personf5), 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.
JUAWA M. A LAMA
COMM.R2099290
a. GLl�YJ (Notary Seal) NOTARY PUBLIC • CALIFORNIA
RIVERSIDE COUNTY
(Signature of Notary Public) Commission E)ires Febnay 7, 2019
[SIGNATURES CONTINUE ON NEXT PAGE]
DOC #2018-0421849 Page 8 of 9
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
San Diego
Place of Execution
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS
ATTACHED READS AS FOLLOWS: v
NAMEOFNOTARY: 0Y1'A Tzondez
COMMISSION NUMBER: 22 12-1 (o k, DATE COMMISSION EXPIRES: 00V • 1 i 2 021
COUNTY WHERE BOND IS FILED: 'R� V e rs d e
MANUFACTURER OR VENDOR NUMBER: r` 1
SIGNATURE:
SYNRGO Agent
PLACE OF EXECUTION: SAN DIEGO DATE: 10 / 22 / I q
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS
ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: U Udhifiu M . A • 676(M G
COMMISSION NUMBER: Z099 Z q D DATE COMMISSION EXPIRES: Feb • l i 7019
COUNTY WHERE BOND IS FILED: R i v e r5 i clti
MANUFACTURER OR VENDORIMBER: X PGA I
SIGNATURE:
U CA—
SYNRGO Agent
PLACE OF EXECUTION: SAN DIEGO DATE:
DOC #2018-0421849 Page 9 of 9
THE CITY:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Date: N�J
FRANK EVACEK it Manager
akq Frank
Sptvace 2 ; ilz' /Z
Attest: /
eity Clerk
Approved as to Form: K),Date:DZQ/6
1lte4g, `amity Attorney
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 P 1 V el-S , de
On �(iMer / , 2018, before me, Pi''C5Q I t"/OMP(W, Notary Public,
personally appeared eUa��k_, 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. rEREsarHOMPsoN
NotaryPublic- California Z
_ < Riverside County a
Commission # 2204888
(Notary Seal) My Comm. Expires Jul 14, 2021
(Signature of Notary Public) 1
BUSINESS SESSION ITEM NO. 2
City of La Quints
CITY COUNCIL MEETING: October 16, 2018
STAFF REPORT
AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS
FOR MEDIAN MAINTENANCE FOR MADISON AND MONROE STREETS ADJACENT
TO THE CORAL MOUNTAIN DEVELOPMENT; CEQA: CATEGORICALLY EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15301
RECOMMENDATION
1. Find and determine the proposed assignments are categorically exempt
under the California Environmental Act (CEQA) pursuant to Section 15301
of the CEQA Guidelines;
2. Approve the assignment and assumption agreements, substantially in the
forms attached, for the median maintenance on Madison and Monroe
Streets adjacent to the Coral Mountain Development; and, authorize the
City Manager to execute the agreements and take actions necessary or
proper to implement the approval of the agreements.
EXECUTIVE SUMMARY
• Madison and Monroe Streets have medians adjacent to the Coral
Mountain Development, and the private property owners are responsible
for median maintenance per recorded agreements.
• Sunrise LQ, LLC (Sunrise) is under contract to purchase property from
the owners who currently have the obligations to maintain the medians
on Madison and Monroe Streets.
• The median maintenance agreements allow for their assignment with the
City's consent.
FISCAL IMPAC'i - None.
BACKGROUND/ANALYSIS
Previously the City entered into agreements that guaranteed the continued
maintenance of medians found on Madison and Monroe Streets adjacent to the
Coral Mountain Development. The Madison Agreement was recorded in 2006,
and the Monroe Agreement was recorded in 2014. Both the Madison and
217
Monroe Agreements authorize assignment of those agreements subject to the
City's consent. The Monroe Agreement authorizes the owner of the Coral
Mountain Development to assign its obligations under that agreement to the
Andalusia at Coral Mountain Master Association.
Sunrise, and its wholly owned subsidiary Andalusia County Club, LLC (ACC),
request the City's consent to their assumption of the median maintenance
agreements from the current property owners responsible for median
maintenance. If the Council approves the assignment and assumption
agreements as proposed (Attachments 1 and 2), the City (1) would consent to
the assignment of the Monroe Agreement to Sunrise and ACC, and (2) would
consent to the assignment of the Madison Agreement to Sunrise and ACC, and
would allow Sunrise to assign the median maintenance agreement to the
Andalusia at Coral Mountain Master Association.
ENVIRONMENTAL REVIEIA
The assignments to a new owner of the existing median maintenance
agreements, which do not alter existing maintenance obligations, are
categorically exempt from environmental review pursuant to Section 15301
(Class 1), subdivision (c) [Existing streets and similar facilities] and subdivision
(h) [Maintenance of existing landscaping], of the Guidelines to the California
Environmental Quality Act.
ALTERNATIVES
None proposed.
Prepared by: Bill Ihrke, City Attorney
Approved by: Frank J. Spevacek, City Manager
Attachments:
1. Assignment & Assumption of Public Improvements Maintenance
Agreement (Monroe Street)
2. Amendment To, Assignment & Assumption of Median Landscaping
Maintenance Agreement (Madison Street)
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