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2024 Andalusia at Coral Mtn Master Assoc - Madison St Median Maint Agmt Assign & Assump DOC # 2024-0036570RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Sunrise LQ, LLC 300 Eagle Dance Circle Palm Desert, CA 92211 DOC # 2024-0036570 02/08/2024 10:18 AM Fees: $197.00 Page 1 of 6 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 ASSIGNMENT AND ASSUMPTION OF MEDIAN LANDSCAPING MAINTENANCE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF MEDIAN LANDSCAPING MAINTENANCE AGREEMENT (this "Assignment") is made to be effective as of January 1, 2024 (the "Effective Date"), by SUNRISE LQ, LLC, a Delaware limited liability company and ANDALUSIA COUNTRY CLUB, LLC, a Delaware limited liability company (collectively, "Assignor"), in favor of ANDALUSIA AT CORAL MOUNTAIN MASTER ASSOCIATION, a California nonprofit mutual benefit corporation ("Assignee"). WITNESSETH: WHEREAS, Assignor and the City of La Quinta ("City") are parties to that certain Median Landscaping Maintenance Agreement Coral Mountain Development, dated January 11, 2006, recorded on May 8, 2006 as Document No. 2006-0331924, and assigned and amended on October 25, 2018, by Document No. 2018-0421848, all in the Official Records of Riverside County, California (as further amended, supplemented, or modified, the "Agreement"), which Agreement encumbers certain tracts or parcels of real property described therein and incorporated herein (the "Property"); WHEREAS, paragraph 14 of the Agreement (added by Document No. 2018- 0421848) authorizes Assignor to assign all of its rights, and delegate all of its duties to Assignee so long as the City is notified of such assignment within 45 days and given the opportunity to review and comment on the Assignment Instrument; WHEREAS, the City has reviewed this Assignment and found that it is acceptable; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, with full power and authority to so act, hereby assigns to Assignee all right, title, interest, reservations, powers, and privileges of Assignor under the Agreement. -1- DOC #2024-0036570 Page 2 of 6 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. 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. This Assignment shall be binding upon and inure to the benefit of City, Assignor and Assignee and their respective heirs, executors, administrators, successors and assigns. The City is an express third party beneficiary to this Assignment and shall have the right, but not the obligation, to enforce any of the terms and conditions in the Agreement assumed by Assignee pursuant to this Assignment. This Assigmnent 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] -2- DOC #2024-0036570 Page 3 of 6 IN WITNESS WHEREOF, Assignor and Assignee have executed this instillment as of the Effective Date. ASSIGNOR: ANDALUSIA COUNTRY CLUB, LLC, a Delaware limited liability company By. r —� � 1--,, Name: i , `] -/-,1 7i - Title:/—eSi 4Qi-t.L` 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 /c..l i/rer 1 aL� On 1./)62-ei 'v" 2023, before me, Sbil , Notary Public, personally appeared /,, W/»'/ki , 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. (Signature of Notary Pub1 SONIA RONDEZ Notary Public - California Riverside County Commission # 2173600 Hy Comm. Expires Oct 1, 2025 (Notary Seal) [SIGNATURES CONTINUE ON NEXT PAGE] -3- DOC #2024-0036570 Page 4 of 6 ASSIGNOR: SUNRISE LQ, LLC, a Delaware limited liability company Byia Naive: FA / /G -31; 77-14�F- Title: Pi— G sr 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 13tri ei/S J () e- �,v4- i' :7 / 2023 before me, (--)6/17°-'x%P On ��� Z , Notary Public, personally appeared 17///I, , 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. (Signature of Notary Public) SONIA RONDEZ Notary Public - California Riverside Co-unty Commission # 2373600 my Comm, Expires Oct 1, 2025 (Notary Seal) [SIGNATURES CONTINUE ON NEXT PAGE] -4- DOC #2024-0036570 Page 5 of 6 ASSIGNEE: ANDALUSIA AT CORAL MOUNTAIN MASTER ASSOCIATION, a California nonprofit mutual ben,rporation By: Name: 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 Kiiiei''SIGi!� A On ` vl c-o2--� 2 Z before me, �n/a- x_or e� Notary Public, personally appeared /Aj0i£ ii S�3 1r (C, , 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. (Signature of Ncitary Publi SONIA RONDEZ Notary P hilt - California Riverside County Commission d 237]600 My Comm. Expires Oct 1, 2025 (Notary Seal) [SIGNATURES CONTINUE ON NEXT PAGE] -5- 1 i DOC #2024-0036570 Page 6 of 6 THE CITY OF LA QUINTA HEREBY CONSENTS TO THIS ASSIGNMENT: CITY OF LA QUINTA, a California municipal corporation By: e: Jon McMillen Title: City Manager 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, ✓eP-s On -16.7 t1 e du 1, — 9 , before me, e r'e iM G ` Kin, Notary Public, personally appeared Mc M / 1-er 7 , who prtived 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. ~ � JEREMY GRIFFIN ' . COMM #2436035 5 ' ' NOTARY PUBLIC • CALIFORNIA al RWERSIDE COUNTY Ca emission Exp re.. ANUARY 21,2021 WITNESS my hand and official seal. (Signature or Notur), Pub' ic1 -6- (Notary Seal)