2004-11-10 Centre Pointe - Easement Agreement - CP Development, LLCRecording Requested By
And When Recorded Mail To:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Agency Secretary
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
(EXEMPT FROM RECORDATION FEE PER GOVERNMENT CODE § 27383)
EASEMENT AGREEMENT
e THIS EASEMENT AGREEMENT ("Agreement") is made this �A day of
/Yo✓r inbtl , 2004 (the "Effective Date") by and among CP DEVELOPMENT LA
QUINTA, LLC, a California limited liability company ("Grantee"), the LA QUINTA
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency") and CITY OF
LA QUINTA, a California municipal corporation ("City").
RECITALS:
A. Grantee has entered into a Disposition and Development Agreement ("DDA")
dated December 18, 2003, and amended on October 28, 2004, with the Agency, pursuant to
which Agency conveyed to Grantee that certain real property located southeast of the Miles
Avenue and Washington Street intersections in the City of La Quinta, County of Riverside, State
of California (the "Grantee Property") for Grantee's development thereon of a mixed use
commercial and residential development project (the "Project"), as further described in the DDA.
A legal description of the Grantee Property is attached hereto and incorporated herein as Exhibit
"A„
B. Agency owns certain real property (collectively, the Agency -Owned Property")
identified as Lot C, Lot E, Lot H and Lot I on the site map, which is attached hereto and
incorporated herein as Exhibit `B" (the "Site Map"). The Agency -Owned Property is legally
described in Exhibit "C".
C. City owns certain public rights -of -way located in the City of La Quinta, County of
Riverside, State of California, commonly known as Washington Street and Miles Avenue,
portions of each of which are adjacent to certain portions of the: Grantee Property (the "City
Right of Way"). The portions of the City Right of Way that lie between the Agency -Owned
Property and the curb located closest to the Grantee Property are hereinafter referred to as the
"City -Owned Property." The City -Owned Property is depicted on the (the "Site Map').
D. City has applied for various grants (the "Landscaping Grants") to partially fund
the cost of certain landscaping improvements the City desires to make to the City -Owned
Property and the Agency-Owned'Property (collectively; the "City Landscaping Improvments").
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t'.
E. City now desires to grant to Grantee an easement over the City -Owned Property,
and Agency desires to grant to Grantee an easement over the Agency -Owned Property, for
purposes of (i) Grantee installing, and thereafter maintaining, certain landscaping improvements,
within the City -Owned Property and the Agency -Owned Property, if City does not receive
approval for the Landscaping Grants on or before March 1, 2004. Additionally, City, Agency,
and Grantee desire to set forth the terms and conditions for Grantee's maintenance of said
landscaping improvements.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and incorporating the above recitals, City, Agency, and Grantee
agree as follows:
Grant of Landscaping Installation Easements.
(a) City, on behalf of itself and its heirs, successors, and assigns to all or any part of
the City -Owned Property, hereby grants to Grantee and Grantee's heirs, successors, and assigns
to Grantee's interest in the Grantee Property, and for the benefit of the City -Owned Property, a
non-exclusive easement (the "City -Owned Property Landscaping Installation Easement") for
ingress and egress into, upon, over, and across any and all portions of the City -Owned Property
for purposes of installing within the City -Owned Property (i) landscaping, in accordance with the
standards set forth in the Landscaping Plan that was approved as part of the various Site
Development Permits for the Project, and (ii) any and all irrigation equipment necessary for
appropriate maintenance of such landscaping (collectively, the "City -Owned Property Developer
Landscaping Improvements").
(b) Agency, on behalf of itself and its heirs, successors, and assigns to all or any part
of the Agency -Owned Property, hereby grants to Grantee and Grantee's heirs, successors, and
assigns to Grantee's interest in the Grantee Property, and for the benefit of the Agency -Owned
Property, a non-exclusive easement (the "Agency -Owned Property Landscaping Installation
Easement") for ingress and egress into, upon, over, and across any and all portions of the
Agency -Owned Property for purposes of installing within the Agency -Owned Property (i)
landscaping, in accordance with the standards set forth in the Landscaping Plan that was
approved as part of the various Site Development Permits for the Project, and (ii) any and all
irrigation equipment necessary for appropriate maintenance of such landscaping (collectively,
the "Agency -Owned Property Developer Landscaping Improvements").
(c) City agrees that Grantee is permitted to enter the City -Owned Property to install
the City -Owned Property Developer Landscaping Improvements, and Agency agrees that
Grantee is permitted to enter the Agency -Owned Property to install the Agency -Owned Property
Developer Landscaping Improvements, between the hours of 7 a.m. to 7 p.m., Monday through
Saturday; provided, however, that not less than twenty-four (24) hours prior to Grantee's initial
entry onto the City -Owned Property or the Agency -Owned :Property, Grantee or its agents shall
notify City or Agency, respectively, of its intent to do the same.
(d) The casements granted pursuant to this Section I hereby are intended to be
appurtenant easements for the benefit of City and Agency, and their respective successors, and
assigns, subject to the provisions set forth herein.
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(e) City and Agency warrant to Grantee that they have the requisite power and
authority to grant the easements described in this Section 1.
(f) Upon Grantee's completion of installation of the City -Owned Property Developer
Landscaping Improvements and the Agency -Owned Property Developer Landscaping
Improvements, as determined by City, the easements described in this Section 1 shall
automatically terminate and be of no further force and effect. Said termination shall not affect
any of the other provisions in this Agreement, all of which shall survive such termination.
(g) In the event City obtains approval for the landscaping Grants on or before March
1, 2004, the easements described in this Section 1 shall automatically terminate and be of no
further force and effect. Said termination shall not affect any of the other provisions in this
Agreement, all of which shall survive said termination.
2. Grant of Landscaping Maintenance Easements.
(a) City, on behalf of itself and its heirs, successors, and assigns to all or any part of
the City -Owned Property, hereby grants to Grantee and Grantee's heirs, successors, and assigns
to Grantee's interest in the Grantee Property, and for the benefit of the City -Owned Property, a
non-exclusive easement (the "City -Owned Property Maintenance Easement") for ingress and
egress into, upon, over, and across any and all portions of the City -Owned Property for purposes
of maintaining the City -Owned Property Developer Landscaping Improvements or, if the City
obtains approval for the Landscaping Grants on or before March 1, 2004, the portion of the City
Landscaping Improvements installed within the City -Owned Property.
(b) Agency, on behalf of itself and its heirs, successors, and assigns to all or any part
of the Agency -Owned Property, hereby grants to Grantee and Grantee's heirs, successors, and
assigns to Grantee's interest in the Grantee Property and for the benefit of the Agency -Owned
Property, a non-exclusive easement (the "Agency -Owned Property Maintenance Easement") for
ingress and egress into, upon, over, and across any and all portions of the Agency -Owned
Property for purposes of maintaining the Agency -Owned Property Developer Landscaping
Improvements or, if the City obtains approval for the Landscaping Grants on or before March 1,
2004, the portion of the City Landscaping Improvements installed within the Agency -Owned
Property.
(c) City agrees that Grantee is permitted to enter the City -Owned Property to
maintain the City -Owned Property Developer Landscaping Improvements or, if the City obtains
approval for the Landscaping Grants on or before March 1, 2004, the portion of the City
Landscaping Improvements installed within the City -Owned Property, between the hours of
7 a.m. to 7 p.m., Monday through Saturday.
(d) Agency agrees that Grantee is permitted to enter the Agency -Owned Property to
maintain the Agency -Owned Property Developer Landscaping Improvements or, if the City
obtains approval for the Landscaping Grants on or before March 1, 2004, the portion of the City
Landscaping Improvements installed within the Agency -Owned Property, between the hours of
7 a.m. to 7 p.m., Monday through Saturday.
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(e) The easements granted pursuant to this Section 2 are intended to be an
appurtenant easement for the benefit of City and Agency, and their respective successors, and
assigns, subject to the provisions set forth herein.
(f) City and Agency warrant to Grantee that they have the requisite power and
authority to grant the easements described in this Section 2.
3. Grantee's Maintenance Obligations.
Grantee agrees, at Grantee's sole cost and expense, to maintain, in a good condition and
repair and in compliance with all of City's requirements, (i) the City -Owned Property Developer
Landscaping Improvements and the Agency -Owned Property Developer Landscaping
Improvements, if City does not obtain approval for the Landscaping Grants on or before March
1, 2004 and Grantee is obligated pursuant to the DDA to install landscaping within the City -
Owned Property and the Agency -Owned Property, or (ii) the City Landscaping Improvements, if
City obtains approval for the Landscaping Grants on or before March 1, 2004 ("Grantee's
Maintenance Obligations"). Under clause (i) above, Grantee's Maintenance Obligations as to
any portion of the City -Owned Property Developer Landscaping Improvements and the Agency -
Owned Property Developer Landscaping Improvements shall commence on the date Grantee
completes installation of such portion of the landscaping improvements. Under clause (ii) above,
Grantee's Maintenance Obligations shall commence on the date City notifies Grantee that City
has completed installation of the City Landscaping Improvements. Grantor's Maintenance
Obligations shall survive termination of the easements granted pursuant to Section 1 and
continue throughout the life of the Redevelopment Plan for the La Quinta Redevelopment
Project No. 2.
4. City's Use of City -Owned Property, Agency Use of Agency -Owned Property.
Nothing herein is intended to limit City's use of the City -Owned Property or Agency's
use of the Agency -Owned Property; provided, however, that neither City nor Agency shall make
any improvements to the City -Owned Property or the Agency -Owned Property, or take any
actions, that would affect Grantee's unimpeded use of the easements granted pursuant to
Sections 1 and 2 hereof or damage the City -Owned Property Developer Landscaping
Improvements or the Agency -Owned Property Developer Landscaping Improvements, or, if the
City obtains approval for the Landscaping Grants on or before March 1, 2004, the City
Landscaping Improvements.
5. Indemnification.
Grantee shall indemnify, defend, and hold harmless City and Agency from and against
any and all claims, obligations, demands, causes of action, damages, losses, liabilities, or
expenses incurred in connection with or arising out of the use of the Easement as provided herein
by Grantee and/or invitees, contractors, or agents of Grantee performing work on behalf of
Grantee.
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6. Covenants Run with the Land; Appurtenant Easements.
All of the covenants, easements, agreements, conditions and restrictions contained herein,
whether affirmative or negative: (a) are made for the direct benefit of the City -Owned Property
and the Agency -Owned Property; (b) are covenants running with the land; (c) are appurtenant to
and shall not be conveyed or otherwise transferred separately from the City -Owned Property, the
Agency -Owned Property, or the Grantee Property; and (d) bind and inure to the burden or
benefit, as the case may be, of the respective heirs, personal representatives, successors and
assigns of the parties hereto, including, without limitation, successive owners of all or any
portion of, respectively, the City -Owned Property, the Agency -Owned Property, and the Grantee
Property.
7. General Provisions.
(a) Applicable Law
The Municipal and Superior Courts of the State of California in the County of Riverside
shall have the exclusive jurisdiction of any litigation between the parties arising out of this
Agreement. This Agreement shall be governed by, and construed under, the laws of the State of
California. In addition to any other rights or remedies, any party may take legal action, in law or
in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. The rights and remedies of the
parties are cumulative and the exercise by any party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other right or remedies
for the same default or any other default by the other party(ies). Service of process shall be
made in any manner permitted by law and shall be effective whether served within or outside of
California.
(b) Attorney's Fees
If any party to this Agreement is required to initiate or defend, or is made a party to, any
action or proceeding in any way connected with this Agreement, the party prevailing in the final
judgment in such action or proceeding, in addition to any other relief which may be granted,
shall be entitled to reasonable attorney's fees. Attorney's fees shall include reasonable costs for
investigating such action, conducting discovery, retaining expert witnesses, and all other
necessary costs the court allows which are incurred in such litigation.
(c) Notices
Unless otherwise provided herein, all notices required to be delivered under this
Agreement or under applicable law shall be (i) personally delivered, or (ii) delivered by United
States mail, postage prepaid, certified, return receipt requested, or (iii) delivered by reputable
document delivery service that provides a receipt showing date and time of delivery. Notices
personally delivered or delivered by a document delivery service shall be effective upon receipt.
Notices delivered by mail shall be effective at noon on the second business day following deposit
with the United States Postal Service. A party hereto may at any time, by giving ten (10) days'
written notice to the other parties hereto, designate any other address in substitution of the
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address to which such notice or communication shall be given. Such notices or communications
shall be delivered to the following addresses:
To Grantor: CP Development La Quinta, LLC
77-900 Avenue of the States
Pahn Desert, CA 92211
Attn: Richard Oliphant
With copies to: Selzer, Ealy, Hemphill & Blasdel, LLP
777 Tahquitz Canyon Way, Suite 528
Palm Springs, CA 92262
Attn: Emily Perri Hemphill, Esq.
Genesis Hotel Development LLC
76890 Sandpiper Drive
Indian Wells, CA 92210
Attn: Francis A. Wong
To City/Agency: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Attn: M. Katherine Jenson, Esq.
(d) Interpretation: Severability
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against any party hereto by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
The Section headings are for purposes of convenience only, and shall not be construed to limit or
extend the meaning of this Agreement. Each provision of this Agreement shall be severable
from the whole. If any provision of this Agreement shall be found contrary to law, the remainder
of this Agreement shall continue in full force.
(e) Integration; Amendment
It is understood that there are no oral agreements between the parties hereto affecting this
Agreement, and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements, and understandings, if any, between the parties with respect to the
subject matter hereof, and none shall be used to interpret this Agreement. This Agreement may
be amended at any time by the mutual consent of the parties by an instrument in writing which is
recorded in the official records of Riverside County.
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8. Inaction Not a Waiver of Default.
Any failures or delays by any party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies, or deprive
any such party of its right to institute and maintain any actions or proceedings which it may
deem necessary to protect, assert or enforce any such rights or remedies.
9. Non -Liability of Officials and Employees of City or Ate.
No member, official or employee of City or Agency shall be personally liable to the
Grantee, or any successor in interest, in the event of any default or breach by the City or Agency
or for any amount which may become due to the Grantee or its successors, or on any obligations
under the terms of this Agreement.
10 Successors and Assigns.
All of the terms, covenants and conditions of this Agreement shall be binding upon the
Grantee and its permitted successors and assigns. Whenever the term "Grantee" is used in this
Agreement, such term shall include any other permitted successors and assigns as herein
provided.
11. Relationship Between Grantee, City and Agency.
It is hereby acknowledged that the relationship between the Grantee and City is not that
of a partnership or joint venture and that the Grantee and the City shall not be deemed or
construed for any purpose to be the agent of the other.
It is hereby acknowledged that the relationship between the Grantee and Agency is not
that of a partnership or joint venture and that the Grantee and the Agency shall not be deemed or
construed for any purpose to be the agent of the other.
12. Counterparts.
This Agreement may be signed in multiple counterparts which, when signed by all
parties, shall constitute a binding agreement.
13. No Waiver.
A waiver by any party of a breach of any of the covenants, conditions or agreements
under this Agreement to be performed by any other party shall not be construed as a waiver of
any succeeding breach of the same or other covenants, agreements, restrictions or conditions of
this Agreement.
14. Conflicts of Interest.
No member, official, representative, or employee of City or Agency shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member,
representative, official or employee participate in any decision relating to the Agreement which
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affects his personal interests or the interests of any corporation, partnership or association in
which he or she is directly or indirectly interested.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as
of the date first above written.
ATTEST:
Oit�Clerk
"Grantor"
CP DEVELOPMENT LA QUINTA, LLC
a California limited liability company
By: Oliphant Family Trust
Its: Member
By: i1�3J`' 2 ./-
Richard R. Oliphant
Its: Trustee
By: Oliphant Enterprises, Inc.
Its: Manage
By:
Richard R. Oliphant
Its: President
"City"
CITY OF LA QUINTA,
a Ca mi:ymunicipal corpatio f'
By:
Its:
"Agency"
LA QUINTA REDEVELOPMENT AGENCY,
a publ* bodZ, corporate and politic
By:
Its: 4! JC E G t��
[SIGNATURES CONTINUED ON NEXT PAGE]
882/015610A061
556533.02 al 1/09/04 .
AjepVSecretary
APPROVED AS TO FORM:
RUTAN & TUC
- /-\�
By:
Ka hei ne Jenson
Attorneys for City of La Quinta
[END OF SIGNATURES]
882/015610-0061
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STATE OF CALIFORNIA )
) ss.
COUNTY OF Riverside )
On November 10, 2004 before me, a notary public, personally appeared
THOMAS P. GENOVESE personally known to me
to be the person whose name is. subscribed to the within instrument and
acknowledged to me that he/§lIK executed the same in his/MWauthorized capacity, and that by
his/6m signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
C'"w" n i 1521423 1 By
Notary Pubic - CaHomb
RK,elside County
STATE OF CALIFORNIA )
ss.
COUNTY OF Riverside )
On 11 /1 o 1 before me, a notary public, personally appeared
RTMARn R_ 01-TPNANT personally known to me (or 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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
C 113*08 WITNESS my hand and official seal.
Nowt' Pubic . cditn4a
RNerslde County By. --
E>�I esOcf 162b06
[SEAL]
882/015610-0061
556533.02 al1/09/04 -10-
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, a notary public, personally appeared
personally known to me (or 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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On before me, a notary public, personally appeared
personally known to me (or 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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
.WITNESS my hand and official seal.
LM
[SEAL]
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EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTEE PROPERTY
The following described property in the City of La Quinta, County of Riverside, State of
California:
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE
7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 19,
ALSO BEING AND ANGLE POINT IN THE CENTERLINE OF MILES AVENUE AS
SHOWN ON TRACT NO. 23971-1, ON FILE IN BOOK 213 AT PAGES 25 THROUGH 30,
INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS;
THENCE SOUTH 00027'38" EAST, A DISTANCE OF 75.00 FEET TO A LINE PARALLEL
WITH AND 75.00 FEET SOUTHERLY OF SAID CENTERLINE OF MILES AVENUE AND
THE TRUE POINT OF BEGINNING;
THENCE NORTH 89033'22" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF
960.27 FEET;
THENCE NORTH 00026'40" WEST, A DISTANCE OF 20.00 FEET TO A LINE PARALLEL
WITH AND 55.00 FEET SOUTHERLY OF SAID CENTERLINE OF MILES AVENUE;
THENCE NORTH 89033'22" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE
OF 80.00 FEET;
THENCE SOUTH 00026'40" EAST, A DISTANCE OF 112.88 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 440.00
FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
41042'33", AN ARC DISTANCE OF 320.30 FEET;
THENCE NON -TANGENT TO SAID CURVE SOUTH 44044'32" EAST, A DISTANCE OF
90.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 80.00 :FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
45027'41 ", AN ARC DISTANCE OF 63.48 FEET;
THENCE TANGENT TO SAID CURVE NORTH 89047'47" EAST, A DISTANCE OF 239.56
FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "C" AS DESCRIBED IN DEED
TO STAMKO DEVELOPMENT CO. RECORDED MAY 16, 1994 AS INSTRUMENT NO.
108979, O.R.
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556533.02 all/09/04
THENCE SOUTH 00012'13" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF
790.73 FEET TO AN ANGLE POINT THEREIN;
THENCE SOUTH 43056'42' WEST ALONG THE SOUTHEASTERLY LINE OF SAID
PARCEL "C", A DISTANCE OF 510.61 FEET TO A POINT ON A NON -TANGENT CURVE,
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4565.17 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 42°59'27" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND THE SOUTHWESTERLY LINE
OF SAID PARCEL "C" THROUGH A CENTRAL ANGLE OF 02°57'46", AN ARC
DISTANCE OF 236.07 FEET;
THENCE NON -TANGENT TO SAID CURVE SOUTH 00017'57" EAST ALONG AN
EASTERLY LINE OF SAID PARCEL "C" A DISTANCE OF 11.03 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT A, BEING ON THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF THE COACHELLA VALLEY WATER DISTRICT FLOOD
CHANNEL AS SHOWN ON C.V.W.D. RIGHT-OF-WAY STATUS MAP DATED APRIL 4,
1968, DRAWING NO. 1758-10;
THENCE CONTINUING SOUTH 00017'57" EAST ALONG LAST SAID EASTERLY LINE
OF PARCEL "C", A DISTANCE OF 386.46 FEET;
THENCE NORTH 48009'56" WEST ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL "C", A DISTANCE OF 22.00 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL "C"
AND IT,S NORTHWESTERLY PROLONGATION NORTH 64021'03" WEST, A DISTANCE
OF 444.84 FEET TO AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF PARCEL 2
AS DESCRIBED IN DEED TO THE LA QUINTA REDEVELOPMENT AGENCY
RECORDED AUGUST 4, 1995 AS INSTRUMENT NO. 255528, O.R.
THENCE NORTH 58014'00" WEST ALONG SAID SOUTHWESTERLY LINE OF PARCEL
2, A DISTANCE OF 320.54 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE
WESTERLY AND HAVING A RADIUS OF 2072.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 86011'26" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
11°05'41", AN ARC DISTANCE OF 401.22 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 7:5033'02" EAST, A DISTANCE OF
4.22 FEET TO A POINT ON AFOREMENTIONED NORTHEASTERLY RIGHT-OF-WAY
LINE OF THE COACHELLA VALLEY WATER DISTRICT FLOOD CHANNEL, SAID
LINE BEING A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING
A RADIUS OF 2500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 17°33'23"
EAST;
THENCE SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 00032'28", AN ARC DISTANCE OF 23.61 FEET TO A POINT HEREINAFTER
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REFERRED TO AS POINT B, SAID POINT ALSO BEING ON A NON -TANGENT CURVE,
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2092.00 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 75053'46" EAST;
THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 07041'06", AN ARC DISTANCE OF 280.60 FEET;
THENCE NON -TANGENT TO SAID CURVE SOUTH 67006'56" WEST, A DISTANCE OF
20.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 2072.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 68013'18" EAST;
THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°12'44", AN ARC DISTANCE OF 80.00 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 6'7006'56" EAST, A DISTANCE OF
20.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 2092.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 66001'12" EAST;
THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL
ANGLE OF 19°58'08", AN ARC DISTANCE OF 729.11 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 00028'37" WEST, A DISTANCE OF
153.41 FEET TO A POINT ON A LINE PARALLEL WITH AND 75.00 FEET SOUTHERLY
OF THE AFOREMENTIONED CENTERLINE OF MILES .AVENUE;
THENCE NORTH 89031'23" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF
487.01 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF SAID
NORTHEASTERLY RIGHT-OF-WAY LINE OF THE COACHELLA VALLEY WATER
DISTRICT FLOOD CHANNEL, SAID LINE BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT AFOREMENTIONED POINT A IN SAID NORTHEASTERLY RIGHT-OF-
WAY LINE, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 36°57'27" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID NORTHEASTERLY
RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 18051'35", AN ARC
DISTANCE OF 822.91 FEET TO AFOREMENTIONED POINT B.
SUBJECT TO ALL RIGHTS -OF -WAY AND EASEMENTS OF RECORD. COMPRISING
42.47 ACRES (1,850,000 SQUARE FEET), MORE OR LESS.
882/015610-0061
556533.02 al1/09/04 -3
EXHIBIT `B"
SITE MAP
[See Following Page]
882/015610-0061
556533.02 at 1/09/04
EXHIBIT "C"
LEGAL DESCRIPTION OF AGENCY -OWNED PROPERTY
[To be inserted prior to recordation]
882/015610-0061
556533.02 all/09/04
z
IRREVOCABLE ESCROW INSTRUCTIONS REGARDING EASEMENT
AGREEMENT AND OPTION AGREEMENT
To: Escrow Agent
Escrow Number: RRI-1611281
Dear Ms. Dunn:
A week or so ago you were provided with the following fully executed and
notarized documents to be recorded in connection with the sale of certain real property
that is the subject of this escrow (the "Property") by the La Quinta Redevelopment
Agency ("Agency") to CP Development La Quinta, LLC ("Developer"): (i) a Grant
Deed; (ii) an Option Agreement (the "Original Option Agreement"); (iii) an Easement
Agreement; and (iv) a Declaration of Covenants, Conditions, and Restrictions for
Property. Please note the following instructions regarding the Option Agreement and
Easement Agreement:
1. Replacement Option Agreement
The Original Option Agreements provides the Agency with an option to repurchase part
or all of the Property in the event certain events occur. Prior to, or at, the closing the
parties will provide you with a slightly revised version of the Original Option Agreement
(the "Replacement Option Agreement") which has been fully signed and notarized by the
parties. The Replacement Option Agreement contains a Site Map, as a new Exhibit D.
and addresses the Developer's intention to record a parcel map that differs from the Site
Map.
You are hereby instructed to record the Replacement Option Agreement, in lieu of the
Original Option Agreement at the closing, immediately after the Grant Deed and to
destroy the Original Option Agreement.
2. Easement Agreement
Pursuant to the Easement Agreement, (i) the Agency has granted to the Developer an
easement over certain portions of the Property (the "Agency Easement Area"), and (ii)
the City has granted to the Developer an easement over certain public right of way
adjacent to the Property (the "City Easement Area"). You are hereby requested to
deposit this Easement Agreement into the above referenced Escrow and to hold the same
until you can fully comply with these instructions.
Please note that the Easement Agreement has, as Exhibit `B", a depiction of the
City Easement Area and the Agency Easement Area. Developer has commissioned the
drafting of a legal description for the Agency Easement Area, which legal description
shall be in conformity with the depiction attached to the enclosed Easement Agreement.
In the event that the above referenced Escrow is ready to close before the legal
description for the Agency Easement Area is completed, you are nonetheless authorized
to proceed with the sale of the Property and the recording of the grant deed for the
Property with the Riverside County Recorder in accordance with the written instructions
provided by Agency and Developer, and to disburse all funds appropriate to such actions
in accordance with the agreements between the parties. You are further instructed to
retain the Easement Agreement in the Escrow until such time as you receive the legal
description for the Agency Easement Area, approved by Agency and Developer. Upon
your receipt of the approved legal description for the Agency Easement Area and
provided the Property has or will be concurrently conveyed to the Developer, you are
hereby instructed to attach said legal description to the Easement Agreement, behind the
placeholder for "Exhibit "C", and to record the Easement Agreement in the official
records of the County Recorder for Riverside County, California.
These instructions shall be irrevocable except by the written agreement of both
Agency and Developer.
CP DEV LOPMENT UINTA, LLC
BY:
ITS:
LA QUINTA REDEVELOPMENT
AGENCY ,
BY/iLl-�
ITS:x