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2024 La Quinta AL Propco, LP - Release Construction Covenants - Centre Pointe CORRECTEDRECORDING REQUESTED BY: CITY OF LA QUINTA CITY CLERK'S DEPARTMENT RECORDING REQUESTED BY: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attention: CITY CLERK DOC # 2024-0221708 07/25/2024 03:32 PM Fees: $20.00 Page 1 of 7 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder **This document was electronically submitted to the County of Riverside ifor recording** Receipted by: MARIA VICTORIA #411 RELEASE: OF CONSTRUCTION COVENANTS APN: 604-630-056; ADDRESS: 45160 SEELEY DR, LA QUINTA, CA 92253 CORRECTING NOTARY ACKNOWLEDGEMENT AND SUPERSEDING DOC # 2024-0219525 RECORDED 7/24/2024 ...................... I ... I... • RECORDERS USE ONLY This page added to provide adequate space for recording information. This document is exempt from payment of recording fee pursuant to Government Code Sections 6103 and 27383 DOC #2024-0221708 Page 2 of 7 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: Successor Agency to the La Quinta Redevelopment Agency 78- 495 Calle Tampico La Quinta, CA 92253 Attn: Agency Secretary This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383 APN: 604-630-056 ADDRESS: 45160 Seeley Dr., La Quinta, CA 92253 RELEASE OF CONSTRUCTION COVENANTS THIS RELEASE OF CONSTRUCTION COVENANTS (the "Release") is made by the Successor Agency to the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency") and the successor in interest by operation of law to the former La Quinta Redevelopment Agency ("RDA"), in favor of La Quinta AL Propco, LP, a Washington limited partnership ("Owner"), as of June 10, 2024. RECITALS A. On or about December 18, 2003, the RDA and CP Development La Quinta, LLC, a California limited liability company ("Developer") entered into that certain Disposition and Development Agreement, which was recorded on January 5, 2004, as Document No. 2004- 0005255 (as amended, the "DDA"), and that certain Development Agreement, which was recorded on January 5, 2005, as Document No. 2004-0005256, and amended by those certain Amendments Nos. 1, 2, 3, and 4, recorded on November 8, 2004 as Document No. 2004-0885063, December 19, 2005 as Document No. 2005-1045418, June 4, 2008 as Document No. 2008-0303530, and November 21, 2012 as Document No. 2012-0564810, respectively (collectively, the "Development Agreement'), pursuant to which the RDA sold to Developer certain real property located southeast of the Miles Avenue and Washington Street intersection, in the City of La Quinta, County of Riverside, State of California (the "Site"), a portion of which is more fully described in Exhibit "A" attached hereto and made a part hereof (the "Property"). The Property subject to this Release is the real property and improvements thereon defined in the DDA as the "Parcel 7 Residential Development" and identified in the Site Map, attached to both the DDA and Development Agreement, as the portion of the Site identified as Lot 7. 168049049.2 DOC #2024-0221708 Page 3 of 7 B. With the California Supreme Court' s decision in California Redevelopment Association v. Matosantos (2011) 53 Cal. 4th 231, all redevelopment agencies in California were dissolved on February 1, 2012. In Juni; 2012, the California Legislature passed Assembly Bill 1484 ("AB 1484"), and in September 2015, passed Senate Bill I07 ("SB 107"), both which substantively and technically amended Assembly Bill 26 from the 2011- 12 First Extraordinary Session of the California Legislature ("AB 26"), the original bill enacting redevelopment dissolution. AB 26, AB 1484, SB 107, and any and all other provisions enacted to Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code are referred to herein as the "Dissolution Law." Pursuant to the Dissolution Law, the Agency is the successor in interest to the RDA by operation of law. C. Owner is a successor in interest to Developer with respect to the Property. D. As referenced in Section 310 of the DDA, the Agency is required to furnish the Developer or its successors with a Release of Construction Covenants upon Developer's completion of construction of each Phase of Development, as that term is described in Section 100 of the DDA, which Release is required to be in such form as to permit it to be recorded in the Recorder's office of Riverside County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA. The Release of Construction Requirements also releases Developer and its successors from the prohibition against transfers of the Site contained in Section 7.1 of the Development Agreement and to terminate the Agency's right of reverter and power of termination reserved in the Grant Deed to Developer, dated November 10, 2004, and recorded December 9, 2004, as Document No. 2004-0979137. E. The Agency has conclusively determined that construction and development has been satisfactorily completed with respect to the Property. NO'W, THEREFORE, the Agency hereby certifies as iPollows: 1. The construction and development on the Property has been fully and satisfactorily completed in conformance with the DDA and the Development Agreement. Any operating requirements and all use, maintenance or nondiscrimination covenants contained in the DDA, Development Agreement, and other documents executed and recorded pursuant to the DDA shall remain in effect and enforceable according to their terms. 2. This Release of Construction Covenants does not denote completion of any work required to be completed, other than on the Property. 3. This Release of Construction Covenants is not a notice of completion as referred to in Section 3093 of the California Civil Code. 4. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA or Development Agreement. [ signatures on next page] 168049049.2 DOC #2024-0221708 Page 4 of 7 IN WITNESS WHEREOF, the Agency has executed this Release as of the date set forth above. AGENCY: SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate anpolitic By: l''--------� Nar en. cMillen, City Manager ATTES"h: Fly: _ Monika Radeva, City lerk APPROVED AS TO FORM: William H. Ihrke, City 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, accurac or validity of that document. State of California County of Riverside On before me, ROW W VA W iwa I kv� (insert name and title of the officer) personally appeared Jon McMillen 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 (Seal) 168049049„2 MONIKA —.� ADEVA � Notary Public . California Riverside County Commission M 2334160 • My Comm. Expires Oct 22, 2024 1pmlq STATE OF WASHINGTON M1 COUNTY OF KING DOC #2024-0221708 Page 5 of 7 OWNER: LA QUINTA AL OPCO, LP, a Washington limited partnership By: HawthornAL Opco GP, LLC a Washington limited liability company, its general partner Name: Alain Spragins Title: Chief Operating Officer On _ 1-1 , 2024, before me, t*We DY tOo , a Notary Public, personally appeared Alan Spragins, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. DANAE ORLOS Notary Public State of Washington Commission # 22006458 My Comm. Expires Mar 19, 2026 168049049.2 WITNESS my hand and official seal. CLO Notary Public in and for said State (Seal) DOC #2024-0221708 Page 6 of 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The Land referred to herein below is situated in the City of La Quinta, County of Riverside, State of California, and is described as follows: PARCEL 1 OF PARCEL MAP NO. 36405, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN BOOK 235 OF PARCEL MAPS, PAGES 58 THROUGH 61, INCLUSIVE, IN THE OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL INTEREST IN OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THEREOF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE PROPERTY IN SUCH A MANNER. AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM LA QUINTA REDEVELOPMENT AGENCY, RECORDED DECEMBER 09, 2004 AS INSTRUMENT NO. 04-979137 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR ACCESS TO LOT A (SEELEY DRIVE) AS SHOWN ON PARCEL MAP NO. 36405, RECORDED IN BOOK 235 OF PARCEL MAPS, PAGES 58 THROUGH 61, INCLUSIVE, IN THE OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDER, CALIFORNIA OVER AND ACROSS PARCEL 2 OF PARCEL MAP, MAP NO. 36405, RECORDED IN BOOK 235 OF PARCEL MAPS, PAGES 58 THROUGH 61, INCLUSIVE, IN THE OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AS AFFECTED BY PARKING, ACCESS AND SIGN EASEMENT AGREEMENT RECORDED APRIL 111, 2016 AS DOCUMENT NO. 2016-0141398. PARCEL C: A NON-EXCLUSIVE RECIPROCAL EASEMENT FOR INGRESS, EGRESS AND PARKING OVER AND ACROSS PARCEL 2 OF PARCEL MAP, MAP NO. 36405, RECORDED IN BOOK 235 OF PARCEL MAP, PAGES 58 THROUGH 61, INCLUSIVE, IN THE OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AS AFFECTED BY PARKING, 168049049.2 DOC #2024-0221708 Page 7 of 7 ACCESS AND SIGN EASEMENT AGREEMENT RECORDED APRIL 11, 2016 AS DOCUME14T NO. 2016-0141398. PARCEL D: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR STORM DRAIN AS CONTAINED IN THAT CERTAIN EASEMENT AGREEMENT RECORDED JANUARY 09, 2013 AS INSTRUMENT NO. 2013- 0013811 OF OFFICIAL RECORDS. PARCEL E: A NON-EXCLUSIVE SIGN EASEMENT ON PARCEL 2 OF PARCEL MAP NO,. 36405, RECORDED IN BOOK 235 OF PARCEL MAP, PAGES 58 THROUGH 61, INCLUSIVE, IN THE OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 604- 630-056 042681\00001\1 7259558v5 168049049.2