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HomeMy WebLinkAbout2026 CM Wave Development, LLC - Agr Re Insubstantial Modification to DARECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta Attn: City Clerk La Quinta City Hall 78-495 Calle Tampico La Quinta, CA 92253 DOC # 2026-0088954 03/25/2026 10:37 AM 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: SOOSAN #785 Exempt from Fees Per Gov. Code §6103 and §27383 Space above this line for Recorder's Use Only AGREEMENT REGARDING INSUBSTANTIAL MODIFICATION TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CM WAVE DEVELOPMENT LLC This Agreement Regarding Insubstantial Modification to Development Agreement (the "Insubstantial Modification"), dated March 23 , 2026 for reference purposes only, is made by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and CM WAVE DEVELOPMENT LLC, a Delaware limited liability company ("Developer"), with reference to the following: RECITALS A. On or about April 4, 2024, the City and Developer entered into a Development Agreement, which was recorded in the Official Records of Riverside County on May 23, 2024, as Instrument No. 2024-0149536 (the "Development Agreement" or "Agreement"). The Development Agreement runs with the land and touches and concerns that certain real property in the City of La Quinta, as more particularly described on Exhibit A hereto and incorporated herein by this reference (the "Site"). Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Development Agreement. B. Pursuant to Section 1.6(a) of the Development Agreement, Developer has proposed certain refinements to the Development Agreement to address minor changes and clarifications sought by Developer in connection with development and implementation of the Project, including the determination that the Project will have a community association to manage and govern the residential portion of the Project and own and manage certain common DOC #2026-0088954 Page 2 of 15 areas associated therewith (the "Community Association"), as well as a separate owner of the private club to own and operate the golf course and other related recreational amenities and facilities within the Project (the "Private Club"). C. The Community Association and Private Club may be separate HOAs (as defined in Section 3.8 of the Development Agreement), or may be a separate nonprofit unincorporated or incorporated association, as long as Developer complies with all of the requirements and provisions in the Development Agreement (including but not limited to Section 3.8 therein) and requirements of applicable state law for a common interest development (such as Civil Code section 4800 of the Davis -Stirling Common Interest Development Act (Civ. Code, § 4000 et seq., and "Davis -Stirling Act") pertaining to the obligations to prepare, draft (in a form to be approved by the City Manager and City Attorney), execute, and cause to be recorded in the Recorder's Office the CC&Rs. D. On October 28, 2025, in accordance with the Subdivision Map Act (Government Code Sections 66410 et seq., the "Map Act"), Development Agreement, and La Quinta Municipal Code, the City approved Tentative Tract Map No. 2025-0001 (TTM 39058) (the "Approved Tentative Tract Map") with the La Quinta Planning Commission's adoption of Planning Commission Reso. 2025-012. The Approved Tentative Tract Map which governs the subdivision of specified parcels at the Site. E. The City has reviewed the proposed refinements to the Development Agreement proposed by Developer and set forth herein, and City agrees that these refinements do not require an amendment to the Development Agreement and qualify as an "Insubstantial Modification" under Section 1.6(a) of the Development Agreement. In consideration of the foregoing, and pursuant to Section 1.6(a) of the Development Agreement, the Development Agreement is hereby revised and clarified as follows: AGREEMENT 1. Revisions to Article 3. Article 3 (Developer's Obligations) of the Development Agreement is amended as follows: A. Section 3.6.2 of the Development Agreement is struck in its entirety and amended to read as follows: "3.6.2 Annual Mitigation Fee. To ensure that the Project generates sufficient TOT and sales tax revenues to the City to pay all public safety and other public service costs of the City resulting from the Project, on each July I st following the Effective Date ("Annual Mitigation Payment Date"), the Developer or the Developer's successor shall pay to the City an annual mitigation fee ("Coral Mountain Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year") (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and P% DOC #2026-0088954 Page 3 of 15 end on the next occurring June 30). The Coral Mountain Annual Mitigation Fee shall be comprised of the following: The collective sum of One Thousand Dollars ($1,000.00) for each of the 750 allowed residential units (also referred to as the "Coral Mountain Residential Unit Fee") in the Project that has received a certificate of occupancy, and that has been sold to a third party purchaser as evidenced by a recorded grant deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold. Notwithstanding the obligation by Developer (or Developer's successors) to pay the Coral Mountain Annual Mitigation Fee, all rentals of residential units shall remain subject to the City's TOT requirements. The CC&Rs for the residential units in the Project shall provide for the assessment and collection of the Coral Mountain Annual Mitigation Fee consistent with the terms hereof, and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Coral Mountain Annual Mitigation Fee, the CC&Rs shall provide the City with enforcement rights against both the Community Association (or its successor) and the individual homeowners. The City shall be provided with the same rights of collection as to the Coral Mountain Annual Mitigation Fee that the Community Association shall have for the collection of other fees and assessments, but the Community Association shall have the obligation for collection and payment of the Coral Mountain Annual Mitigation Fee. In any action by the City to collect the Coral Mountain Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights. The CC&Rs shall be subject to the terms and conditions set forth in Section 3.8 of this Agreement. 2. Revisions to Article 5. Article 5 (Short Term Vacation Rentals/Transient Occupancy Taxes) of the Development Agreement is amended as follows: A. Section 5.1 of the Development Agreement is struck in its entirety and amended to read as follows: "5.1 Short Term Vacation Rentals as a Permitted Use. (a) This Agreement does hereby provide that short-term vacation rentals are a permitted use in all Planning Areas within the Project and on the Site that allow residential uses, and the rights to such permitted use are hereby vested pursuant to the terms of this Agreement, and this vested right shall inure to the benefit of Developer and its successor -in -interest Private Club, but, except as provided in this Insubstantial Modification, shall not grant to or vest any rights in owners of residential dwellings or units (collectively, referred to herein as "residential units") within the Project. As such, the rights and obligations of Developer and Private Club under this Section 5.1 shall survive the sale of each residential unit to a third -party homebuyer and termination of this Agreement as to each such residential unit but shall not create in any residential lot owner for a residential unit the right to operate a short-term vacation rental thereon or therein. The decision to allow short-term vacation rentals, or to limit or prohibit them, are vested in the Developer and Private Club, as owner of the golf course and other primary recreational amenities 3 DOC #2026-0088954 Page 4 of 15 within the Project, subject to all applicable restrictions against any form of discrimination prohibited by federal, state, or local law. (b) Notwithstanding the foregoing paragraph (a) in this Section 5.1, the Developer and its successor -in -interest Private Club shall permit short-term vacation rentals within the following three areas of the Project to ensure the generation of TOT revenues for the benefit of the City and its residents: (1) the approximately 18.5 acre parcel identified on the Approved Tentative Tract Map as Lot 202, identified on the proposed Phase I final map as an 18.472-acre remainder parcel, and commonly referenced as "Founder's Island"; (2) the property identified on the Approved Tentative Tract Map as Lots 99 — 105, identified on the proposed Phase 1 final map as Lots 77 — 85, and commonly known as the "Club Cottages"; and (3) the property identified on the Approved Tentative Tract Map as Lot 203, identified on the proposed Phase 1 final map as Lot 89, and commonly known as the "Residence Club." The areas of the Project and on the Site referred to and described herein as "Founders Island," "Club Cottages," and "Residence Club" are collectively referred to as the "Always Permittable STVR Locations." (c) Except as provided in the Development Agreement (as modified by this Insubstantial Modification) and except for the Always Permittable STVR Locations, the City shall not impose on or apply to the Project (whether by action of the Council, or other legislative body, or by initiative, referendum, or other measure) any ordinance, resolution, standard, directive, condition, or other measure that is in conflict with the Development Agreement (as modified by the Insubstantial Modification) or that would materially interfere with the right or ability of the Developer or Private Club to allow for or restrict a residential unit owner's ability to apply for and operate short-term vacation rentals in all residential units within the Project. (d) Any and all short-term vacation rentals within the Project, including the Always Permittable STVR Locations, shall be subject to the Short -Term Vacation Rental Regulations, including but not limited to obtaining City staff approval of short-term vacation rental permits and for violations and penalties for violations or failing to comply with the City's Short -Term Vacation Rental Regulations. (For reference only, a copy of Chapter 3.25 of the La Quinta Municipal Code in effect as of the Effective Date is attached to the Development Agreement as Exhibit "G". In the event Chapter 3.25 is repealed in its entirely, only then the provisions of Chapter 3.25 as attached to the Development Agreement shall govern the permitting, operation, and renewal of short-term vacation rental permits in the Project and on the Site.) In order to ensure the timely collection and reporting of the applicable transient occupancy taxes, and compliance with the applicable operational requirements and conditions set forth in the Short -Term Vacation Rental Regulations, the Developer or Private Club shall be the "authorized agent or representative" (as that term is defined in the Short -Term Vacation Rental Regulations, or, if the definition is removed during the Term of the Development Agreement, as defined in Chapter 3.25 as of the Effective Date of the Development Agreement) for all short-term vacation rentals and short-term vacation rental permits within the Project, including but not limited to applying for and managing all short- term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of the Short -Term Vacation Rental Regulations, and shall do so exclusively through a central rental operator pursuant to Section 5.3.1 of the Development Agreement (as modified by this Insubstantial Amendment), which shall be confirmed at the issuance and renewal of each short-term vacation rental permit; provided, however, that the "owner" (as that term is 4 DOC #2026-0088954 Page 5 of 15 defined in the Short -Term Vacation Rental Regulations, or, if the definition is removed during the Term of the Development Agreement, as defined in Chapter 3.25 as of the Effective Date of the Development Agreement) of a residential unit may also retain its own third party rental agent to perform marketing and other services on behalf of said owner, as long as such third party rental agent is approved in accordance with the requirements set forth in the project CC&Rs, complies with the City's Short -Term Vacation Rental Regulations, and, at all times, the Developer or Private Club, as "the authorized agent or representative," shall be engaged by said owner and shall remain responsible for collection and payment of transient occupancy taxes, managing all short-term vacation rental permits, making all reservations and payments, and ensuring compliance with all other requirements of the Short -Term Vacation Rental Regulations. Notwithstanding the requirements of the Developer or Private Club, as "authorized agent or representative," an owner of residential unit being used for short-term vacation rental shall remain ultimately obligated as the holder of the short-term vacation rental permit for any and all remedial actions necessary for compliance with the Short -Term Vacation Rental Regulations and the Development Agreement (as modified by this Insubstantial Modification), including but not limited to the payment of any fines or recorded liens or any other violations for non-compliance; and, provided further, that the "owner" under any short-term vacation rental permit shall have a process available, through an independent arbitrator or neutral decision -maker designated by the Developer or Private Club of which the short-term vacation rental unit owner is a member, to petition for a change of that owner's "authorized agent or representative" because the owner demonstrates, with a preponderance of evidence, that the "authorized agent or representative," designated by the Developer or its successor or assignee, has failed to perform its duty to ensure compliance with all other requirements of the Short -Term Vacation Rental Regulations for that owner's short-term vacation rental unit. The CC&Rs as described in Section 3.8 of the Development Agreement shall include the terms and conditions, and detailed specifics for process and decision, whenever an owner may petition for a change in that owner's "authorized agent or representative" as required by this Section 5.1; the City Manager and City Attorney shall review and approve, in their reasonable discretion and not to be unreasonably delayed or denied, said terms and conditions in the CC&Rs that would apply if an owner were to petition for a change in that owner's "authorized agent or representative" as required by this Section 5.1. (e) Pursuant to the expressed exceptions referenced in the preceding paragraph, the following provisions shall apply to the use and operation of the Project and each single-family residence on the Site within the Project: (1) The operational requirements and restrictions in Section 3.25.070 (or successor section) of the La Quinta Municipal Code shall apply to all short-term vacation rental units, including the limits on the number of daytime and overnight guests in each unit to ensure that occupancy levels are appropriate for the number of bedrooms and compatible with single- family residential communities; and (2) All short-term vacation rental units in the Project shall be subject to, at a minimum, the noise restrictions in Sections 9.100.210 and l 1.08.040 (or successor sections) of the La Quinta Municipal Code, in addition to any noise compliance requirements set forth in Chapter 3.25 of the La Quinta Municipal Code." 5 DOC #2026-0088954 Page 6 of 15 B. Section 5.3 of the Development Agreement is struck in its entirety and amended to read the following: "5.3 Covenants Conditions and Restrictions. All CC&Rs recorded pursuant to Section 3.8 of the Development Agreement on any property within the Project where residential uses are allowed shall expressly provide whether and to what extent short-term vacation rentals are authorized for all residential units. All such CC&Rs shall state the operational requirements and standard conditions applicable to any short- term rentals permitted in that tract or planning area of the Project." C. Section 5.3.1 of the Development Agreement is struck in its entirety and amended to read the following: "5.3.1 Rental Management Program. Developer shall be responsible for ensuring that for the Term of this Agreement, to the extent any owners of the residential units are permitted to make their units available for short-term vacation rentals under the terms of the Development Agreement (as amended by this Insubstantial Modification) and the CC&Rs, one or more contract(s) shall be in effect at all times which provide for the centralized management of such short-term rentals in accordance with all applicable requirements set forth in the Development Agreement (as amended by this Insubstantial Modification). The contract or contracts may, but are not required to be, with an on -site rental management agent. Developer may assign this obligation to its successors in accordance with this Agreement." D. Rescission of Amendments Pertaining to Short -Term Vacation Rentals If No Final Map Approved and Recorded. In the event that the Approved Tentative Tract Map, after taking into account any extension pursuant to Section 2.2.9 of the Development Agreement, is not perfected by the approval and recording (in the Office of Official Records for Riverside County, California) of the final map for the Approved Tentative Tract Map in accordance with the Map Act, Development Agreement, and La Quinta Municipal Code, then" (i) the amendments to Article 5 of the Development Agreement set forth in Paragraphs (A), (B), and (C), above, of Sections 2 in this Insubstantial Modification shall be rescinded and immediately deemed null and void, and of no further force and effect, and (ii) the terms and conditions in Article 5 of the Development Agreement, as originally adopted, shall be reactivated and immediately in full force and effect, governing the Project and the Site, for the balance of the Term of the Development Agreement (unless Article 5 is subsequently amended by a Substantial Amendment or Insubstantial Modification pursuant to Section 1.6 of the Development Agreement). The provisions in this Paragraph (D) of Section 2 shall be self-executing, without the obligation of either Party to take any further action or execute any additional document to (x) rescind the amendments to Article 5 set forth in this Insubstantial Modification, and (z) reactive the original provisions in Article 5 of the Development Agreement. 3. Revisions to Article 8. Article 8 (Miscellaneous) of the Development Agreement is amended as follows: 9 DOC #2026-0088954 Page 7 of 15 A. The notice information for Developer, as set forth in Section 8.1 of the Development Agreement, is hereby updated to the following: To Developer: CM Wave Development LLC c/o Meriwether Companies 2235 Broadway Boulder, CO 80302 Attn: Garrett Simon With a copy to: Procopio, Cory, Hargreaves, and Savitch LLP 200 Spectrum Center Drive, Suite 1650 Irvine, CA 92618 Attn: James D. Vaughn, Esq 4. Development Agreement in Full Force and Effect. Except as expressly amended by this Insubstantial Modification, all of the terms and conditions set forth in the Development Agreement remain binding and in full force and effect. 5. Developer Consent. Developer expressly consents to the terms and conditions set forth in this Insubstantial Modification, and confirms that this Insubstantial Modification does not affect the monetary obligations of Developer. To the extent any monetary obligations of Developer may be affected by this Insubstantial Modification, Developer expressly waives any rights pursuant to Sections 1.6(a) or 1.6(b) of the Development Agreement. 6. Authority. The person or persons executing this Agreement on behalf of the City and Developer warrant and represent that they have the authority to execute this Agreement and the authority to bind the City and Developer, as applicable, to the performance of their respective obligations hereunder. 7. Counterparts. This Insubstantial Modification may be executed in counterparts, each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE] 7 DOC #2026-0088954 Page 8 of 15 SIGNATURE PAGE TO AGREEMENT REGARDING INSUBSTANTIAL MODIFICATION TO DEVELOPMENT AGREEMENT IN WITNESS WHEREOF, the Developer and the City have signed this Insubstantial Modification, by and through the signatures of their authorized representatives as of the dates indicated below. "DEVELOPER" CM WAVE DEVELOPMENT, LLC, a Delaware limited liability company Al Its: "CITY" SIGNED IN COUNTERPART CITY OF LA QUINTA, a California municipal corporation By: Nam cMillen itle: City Manager ATTEST: Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke City Attorney DOC #2026-0088954 Page 9 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 March 23, 2026 before me, OSCAR MOJICA, Notary Public, personally appeared JON McMILLEN (as City Manager for the City of La Quinta) who proved to me on the basis of satisfactory evidence to be the person(( whose names} is/a-e subscribed to the within instrument, and acknowledged to me that he/sheAhey executed the same in his/he#their authorized capacity{fe�, and that by his/he" signature(} on the instrument the person( or the entity upon behalf of which the person(} 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: *my OSCARMOJICA Notary Public • California Riverside County Commission # 2461871 Comm. Expires Sep 1, 2027 (notary seal) Agreement Regarding Insubstantial Modification to Development Agreement (DA 2023-0001) by and between the City of La Quinta and CM Wave Development, LLC. DOC #2026-0088954 Pagel 0 of 15 SIGNATURE PAGE TO AGREEMENT REGARDING INSUBSTANTIAL MODIFICATION TO DEVELOPMENT AGREEMENT IN WITNESS WHEREOF, the Developer and the City have signed this Insubstantial Modification, by and through the signatures of their authorized representatives as of the dates indicated below. ATTEST: SIGNED IN COUNTERPART Monika Radeva City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP SIGNED IN COUNTERPART William H. Ihrke City Attorney "DEVELOPER" CM WAVE DEVELOPMENT, LLC, a Delaware 1' i ility company By: Its: SEE ATTACKED INITIALS _ ":CITY" NOTARIZED CERTIFICATE CITY OF LA QUINTA, a California municipal corporation SIGNED IN COUNTERPART By: Name Title: E-1 Jon McMillen City Manager DOC #2026-0088954 Page 11 of 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 X%eY'':rY lr 1`<:C<•rr trx:<.^rv..�••:.v^<.�:!<r•n<w.<v�.:•.^r K`<-.C�`v^r /r•,^c ^[•<vu•('r `c �i'�v"c:t «s•!`r •!•: vim: �P<i. fa: t<r .<l�ry �,< A notary public or other officer completing this certificate verifies only the ,dentily of the individual who signed the document to which this certificate is attached, and not the truthfulnoss, accuracy, or vaticity of that document. State of California ) County of 'ps_ ' S On Mcw-ch 2-3, Z0 7-to before me, _Elena Maritza Bonett, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ A `�__��c)\. --'— - --- Name(s) of 5igner(s)— .......... ... ...._..............-........ .. ..... 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 sarne 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 porson(s) acted, executed the instrument. 00c,.,li-my ELENA MARITZA SONETT Notary Public -California Los Angeles County Commission LApr27.2028 488337 comm. p , r 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 Sigana tore of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter afteration of the document or fraudulent realtachrnent of this loan to an unintended docurnent. Description of Attached Document Tithe or Type of Document:. ... .... . Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:.___......._._ ...___.._._.... ___.._._._....____ ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ 'trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:.______,__________� Number of Pages: Signer's Name:_...._.__.--_-..................._.___.__.__._-_......... ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:..._...._..._---- �irLT'C:C-+L'Y-�-Lr��-!.Y:ZY..l T'Cr�^.'S:lY�',Y�;f:.`iL- r�-.�V.Ii,'{.1:.'.%'C.'I't_'.C.CT..r.;'LV;'•C.YRit-"T.V'.'i,T.TY�L"CG'f-i:r�Yi�v7.,r: n'L'ti=<'t'>;,t..�r-�v,x• 02016 National Notary Association • wwv,,,NnticmalNotary,org • 1-800•US NOTARY (1-800.816.6827) Itorn #5907 DOC #2026-0088954 Page 12 of 15 Exhibit A Legal Description of Site [attached] DOC #2026-0088954 Page 13 of 15 THE LAND REFERRED TO HEREIN BELOW IS SITUATED LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL "B" OF LOT LINE ADJUSTMENT NO. 2006-462, AS APPROVED BY THE CITY OF LA QUINTA DECEMBER 07, 2006 BEING: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2002-930, RECORDED FEBRUARY 13, 2003, AS DOCUMENT NO. 2003-102524, RECORDS OF RIVERSIDE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 89° 56' 35" EAST ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 499.01 FEET; THENCE SOUTH 00' 03' 25" WEST, A DISTANCE OF 261.25 FEET; THENCE SOUTH 580 09' 44" EAST, A DISTANCE OF 765.93 FEET; THENCE NORTH 77142' 02" EAST, A DISTANCE OF 176.74 FEET, TO THE EASTERLY LINE OF SAID PARCEL "D" AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2455.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 77' 42' 23" EAST; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 200 10' 55". AN ARC DISTANCE OF 864.75 FEET; TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2345.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 650 20' 50", AN ARC DISTANCE OF 2674.53 FEET; TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2455.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 200 25' 3l", AN ARC DISTANCE OF 875.17 FEET TO THE EASTERLY LINE OF SAID SECTION 28 AND THE MOST SOUTHERLY CORNER OF SAID PARCEL "D"; THENCE NORTH 000 17' 44" EAST ALONG THE EASTERLY LINE OF SAID SECTION 28 AND THE PARCEL LINE OF SAID PARCEL "D", A DISTANCE OF 2104.91 TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE SOUTH 89° 30' 09" EAST ALONG SAID PARCEL LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 00' 05' 52" EAST ALONG SAID PARCEL LINE, A DISTANCE OF 1326.33 FEET; THENCE NORTH 890 30' 56" WEST ALONG SAID PARCEL LINE A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 89' 54' 54" WEST ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1322.31 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 000 09' 14" EAST ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1325.69 TO THE POINT OF BEGINNING. TOGETHER WITH THAT CERTAIN PORTION OF MADISON STREET, VACATED BY SAID CITY ON JANUARY 07, 2003 PER RESOLUTION NO. 2003-003, A COPY OF WHICH RECORDED APRIL 30, 2014 AS INSTRUMENT NO. 2014-0157740 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY. APN: 766-070-012-5, 764-210-007-9, 764-210-028, 764-210-029, 764-200-076-0 10 DOC #2026-0088954 Page 14 of 15 PARCEL B: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, THE SOUTHERLY 180.00 FEET TO THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE SOUTH HALF OF THE NORTHEAST QUARTER, THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, EXCEPT THE WEST 820.00 FEET THEREOF AND THE SOUTHERLY 180.00 FEET OF THE WEST 820.00 FEET OF THE NORTHWEST QUARTER, OF THE NORTHEAST QUARTER, ALL 1N SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN 58TII AVENUE. TOGETHER WITH THAT CERTAIN PORTION OF MADISON STREET, VACATED BY SAID CITY ON JANUARY 07, 2003 PER RESOLUTION NO. 2003-003, A COPY OF WHICH RECORDED APRIL 30, 2014 AS INSTRUMENT NO. 2014-0157740 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY. APN: 766-070-003-7.006-0 PARCEL C: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM ALL OIL, MINERAL, HYDROCARBON AND KINDRED SUBSTANCES IN AND UNDER SAID PROPERTY, WITHOUT RIGHT OF SURFACE ENTRY. APN: 766-080-001-6.002-7 PARCEL D: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THAT PORTION OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE NORTH 00°07'45" WEST, ALONG THE WEST BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, 287.38 FEET TO A POINT ON THE ARC OF A CURVE; THENCE 94.73 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 910.00 FEET AND A CENTRAL ANGLE OF 05°57'51" WHOSE CHORD BEARS SOUTH 66004'50" EAST, A DISTANCE OF 94.68 FEET; THENCE SOUTH 69°03'45" EAST, 679.03 FEET TO A POINT IN THE SOUTH BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89029'45" WEST, ALONG SAID SOUTH BOUNDARY, 720.12 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN 60TH AVENUE. APN: 766-080-005-0 11 DOC #2026-0088954 Page 15 of 15 PARCEL E: THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. TOGETHER WITH THAT CERTAIN PORTION OF MADISON STREET, VACATED BY SAID CITY ON JANUARY 07, 2003 PER RESOLUTION NO. 2003-003, A COPY OF WHICH RECORDED APRIL 30, 2014 AS INSTRUMENT NO. 2014-0157740 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND WHICH WOULD BY OPERATION OF LAW REVERT TO THE ABOVE DESCRIBED PROPERTY. II'�►IIrLS'fflZ:�la1Z1I',�:' PARCEL F: PARCEL A OF LOT LINE ADJUSTMENT NO. 2006-462, AS APPROVED BY THE CITY OF LA QUINTA DECEMBER 7, 2006, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND A PORTION OF PARCEL D OF THE LOT LINE ADJUSTMENT NO.2002-390 RECORDED FEBRUARY 13, 2003 AS INSTRUMENT NO. 2003102524 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WHICH IS INCLUDED WITHIN SAID PARCEL A. ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 890 56' 35" EAST ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 499.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 03' 25" WEST, A DISTANCE OF 261.25 FEET; THENCE SOUTH 58' 08' 44" EAST A DISTANCE OF 765.93 FEET; THENCE NORTH 770 42' 02" EAST, A DISTANCE OF 176.74 FEET, TO THE EASTERLY LINE OF SAID PARCEL D AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2455.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS NORTH 770 42' 23" EAST; THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 000 14' 26" AN ARC DISTANCE OF 10.31 FEET TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 000 05' 52" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 616.74 FEET TO THE NORTHEAST CORNER OF SAID SECTION 28; THENCE NORTH 890 56' 35" WEST ALONG THE NORTHERLY LINE OF SAID SECTION 28, A DISTANCE OF 822.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 766-070-014 [end of legal description 12