Loading...
ORD 389ORDINANCE NO. 389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEEMENT 2003-007 BY AND BETWEEN THE CITY OF LA QUINTA AND CENTEX DESTINATION PROPERTIES CASE NO.: DEVELOPMENT AGREEMENT 2003-007 APPLICANT: CENTEX DESTINATION PROPERTIES WHEREAS, the City Council of the City of La Quinta, California, did on the 7" day of October, 2003, hold a duly noticed Public Hearing for Centex Destination Properties, pursuant to Government Code Section 65864 et seq. and Section 9.50.030 of the Municipal Code, to consider a Development Agreement for a 280-unit resort residential development on 44.6 acres property located to the northwest of the intersection of Coachella Drive and Eisenhower Drive in Tourist Commercial and Open Space Zoning Districts, described as follows: Assessor's Parcel Numbers 658-130-003 to —005 Parcel 1 of Lot Line Adjustment 2001-361 Portion NE '/4 of Section 36, T5S, R6E, SBBM WHEREAS, on September 16, 2003, the City Council certified a Mitigated Negative Declaration (EA 2003-478) and approved a 280 resort residential development consisting of housing units ranging in size from 1,300 square feet to 2,090 square feet, using Spanish Colonial architecture, by adoption of Resolutions 2003-89 through 2003-92. One element of the development plan is to include "lock -out" capabilities which would allow the housing units to be divided into sections for rental purposes. The resort units are one and two story high depending on the location within the development; and WHEREAS, the La Quinta Planning Commission is scheduled to review the Development Agreement on October 14, 2003, and a Report of Action will be filed with the City Council on October 21, 2003, before final consideration of this Ordinance; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on September 26, 2003, for the October 7, 2003 City Council meeting, as prescribed by Section 9.200.110 of the Zoning Code and Government Code Sections 65090 and 65091. Public Hearing notices were also mailed to affected property owners and renters, and public agencies by Community Development Department on September 19 and 25, 2003. A second notice is scheduled to be published in Desert Sun newspaper on October 10, 2003, for the October 21, 2003 City Council meeting; and Ordinance No. 389 Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Development Agreement: A. Consistency with the General Plan and Zoning Code: The proposed Development Agreement is consistent with the goals, policies and intent of the La Quinta General Plan and Municipal Code in that the existing entitlements (i.e., Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778) will implement construction of one- and two-story resort residential units in the Tourist Commercial and Open Space land use areas. B. Public Welfare: Approval of this Development Agreement will not be detrimental to the public health, safety or general welfare of the community because development conditions are prescribed that are consistent with Specific Plan 2003-065, Site Development Permit 2003-778 and Tentative Tract Map 31379. C. Land Use Compatibility: Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned growth. D. Property Suitability: The proposed Development Agreement insures infrastructure improvements will be installed on Eisenhower Drive to benefit residents and/or guest of the City of La Quinta via the implementation of Specific Plan 2003-065, Site Development Permit 2003-778 and Tentative Tract Map 31379. E. Revenue Consideration: Approval of the Development Agreement will provide a positive fiscal impact on the City by providing transient occupancy tax (TOT) revenue to the general fund for citywide services. Consideration of the Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which govern Development Agreements. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: Ordinance No. 389 Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 Page 3 SECTION 1. PURPOSE. To establish operational standards for a private residential resort as required by the Conditions of Approval for Specific Plan 2003- 065 as contained in the attached Development Agreement (Exhibit "A") attached hereto and made a part hereof. SECTION 2. ENVIRONMENTAL. On September 16, 2003, the City Council certified a Mitigated Negative Declaration (Environmental Assessment 2003-478) for Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778 by adoption of Resolution 2003-89. The adopted Mitigation Measures for the private resort will be implemented during on -site construction activities, therefore, the project will not have a significant adverse effect on the environment. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166; and SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21" day of October, 2003, by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Osborne ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 389 Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 Page 4 ATTEST: JUN REEK, CMC, - Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: l M. KAT ERINE JE ON, City Attorney City of La Quinta, California Ordnance No. 389 r-- Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 F Page 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF LA QUINTA I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 389 which was introduced at a regular meeting held on the 7t' day of October, 2003, and was adopted at a regular meeting held on the 21 ' day of October, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. J . GREEK, CMC, CI Clerk City of La Quinta, California PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: C I OF L- Quint0. -1E3- q5 Crj 1e �'nPTco. �_& c�a�L% ) C.Al1 q2 53 Alfa : ci4 y cj ery. Th►S A9man urt 13 rerecor-d fd 4o add U) Nch was orn) ff L DOC " 2004-0009665 01/07/2004 08:00A Fee:NC Page 1 of 76 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder 1111111111111111111111111111111111111111111111111111111 ©ww ®®®® • ,-_ ®® MMIRMIMMMMMM MMw MMMM=w/= MMMIMMMMMMM bdnq exhrbif.c�,�ond-� Title of Document - aL FDR THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) 11) ACR 238-02 (REV 03/02) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk DOC a 2003-9 7z7az 12/12/2003 08:00A Fee:NC Page i of 58 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder 1111111111111111111111111111111111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. F-Al R I L 11 1 1 COPY I LONG I REFUND NCHG EXAM (Exempt from Recording Fee per Gov't Code § 6j03) M DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA ("CITY") AND CENTEX HOMES A NEVADA GENERAL PARTNERSHIP, DBA CENTEX DESTINATION PROPERTIES ("DEVELOPER") 119/015610-0002 431766.09 a]0/16/03 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the Ceday of p , 2003 ("Reference Date"), 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 (the "City"), and CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to the execution of this Agreement, the City approved the Villa La Quinta Specific Plan 2003-065 ("Specific Plan") that provides comprehensive planning and development criteria for Villa La Quinta (the "Project"), a resort residential master planned community with 280 resort residential units ("Villas") and associated recreational facilities located on approximately 44.61 acres. The City has also approved Tentative Tract Map No. 31379, Environmental Assessment No. 2003-478, (the "Mitigated Negative Declaration"), and Site Development Permit 2003-778 for the Project. The Specific Plan, Tentative Tract Map, Mitigated Negative Declaration, and Site Development Permit are collectively referred to herein as "Development Plan". D. Developer owns the 44.61 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and which is the subject of the Development Plan. E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless 119/015610-0002 431766.09 a10/16/03 -2- and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On the City Council adopted its Ordinance No. approving this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of , which is the date that Ordinance No. takes effect ("Effective Date"). 119/015610-0002 431766.09 a10/16/03 -3- 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit `B" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in • a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other 119/015610-0002 431766.09 a10/16/03 -4- resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.5; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal . Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2.3 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 119/015610-0002 431766.09 a10/16/03 -5- 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" which include and incorporate the mitigation measures of the Mitigated Negative Declaration so that significant environmental effects will be mitigated or , avoided. The Developer shall also comply with the mitigation monitoring program set forth in Exhibit "C" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit `B may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants, Conditions and Restrictions. 3.2.1 Recordation of Covenants, Conditions and Restrictions and Establish- ment of Villa La Ouinta Homeowners Association. Prior to, and as a condition of, the City's issuance of any building permit for the residential units, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions (the "CCRs") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) establish a homeowner's association for the Project (the "Villa La Quinta HOA"); (ii) provide for the Villa La Quinta HOA's payment of the fees described in Section 3.3.3; and (iii) provide for the Villa La Quinta HOA's operation of a Rental Tracking System, as described in Section 3.3.5. If the City fails to approve, deny or comment with regard to the CCRs within fifteen (15) days of submission by Developer to the City, the-CCRs shall be deemed approved. The City shall not unreasonably deny approval of the CCRs. As to the provisions of the CCRs implementing this Agreement, the City shall be provided adequate enforcement rights. No modification of those portions of the CCRs implementing the provisions of this Agreement shall be permitted unless the City provides its written consent. If the California Department of Real Estate ("DRE") refuses to approve the CCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 3.3 Payments to City by HOA and Developer. 3.3.1 General. During the Term of this Agreement, Developer or the Villa La Quinta HOA, as applicable, shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 119/015610-0002 431766.09 a10/16/03 -6- 3.3.2 Developer's Payments of One -Time Mitigation Fees. Developer shall pay or cause to be paid to the City, for each of the 280 resort residential units in the Project, with such payment due on or before the date the building permit for each such unit, the sum of Two Thousand Five Hundred Dollars ($2,500.00). 3.3.3 Villa La Quinta Annual Mitigation Fee; Termination. During the term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Villa La Quinta HOA shall pay to the City an annual mitigation fee ("Villa La Quinta 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 end on the next occurring June 30). The Villa La Quinta Annual Mitigation Fee shall be the collective sum of One Thousand Dollars ($1,000) for each of the resort residential units ("Villa La Quinta Unit Fee") in the Project that has been sold to a third party purchaser, as evidenced by a recorded 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 paragraph above, if the City has received transient occupancy tax ("TOT") for rentals from Villa La Quinta in excess of Five Hundred Thousand Dollars ($500,000) ("Level 1 TOT Goal") for three consecutive Operative Years during the term of this Agreement, the Villa La Quinta Annual Mitigation Fee for the next Operative Year shall be reduced from One Thousand Dollars ($1,000) per unit in the Project to Five Hundred Dollars ($500) per unit in the Project. If the City has received TOT for rentals from Villa La Quinta in excess of One Million Dollars ($1,000,000) ("Level 2 TOT Goal") for any three consecutive Operative Years during the term of this Agreement, then the Villa La Quinta HOA's obligation to pay the Villa La Quinta Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall be of no further force and effect. All rentals of Villas shall remain subject to the City's TOT requirements. The CCRs for the Project shall provide for the assessment and collection of the Villa La Quinta Annual Mitigation Fee and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Villa La Quinta Annual Mitigation Fee, the CCRs shall provide the City with enforcement rights against both the Villa La Quinta HOA and the owners. The City shall be provided with the same rights of collection as the Villa La Quinta Annual Mitigation Fee that the Villa La Quinta HOA shall have for the collection of other fees and assessments. However, the Villa La Quinta HOA shall have the obligation for collection and payment of the Villa La Quinta Annual Mitigation Fee. In any action by the City to collect the Villa La Quinta 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. 3.3.4 Consumer Price Index Adjustments. The Villa La Quinta Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each May 1" during the term of this Agreement, by the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside - Orange County average, All Items, 1982-84 = 100, published by the United States Department of 119/015610-0002 431766.09 a10/16/03 -7- Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately prior March Vt to the CPI existing on the March 1' of the previous year. The first such adjustment shall occur on the first May lst following on the earlier of the following two dates: (i) the closing of the first sale of a residential unit; or (ii) the two-year anniversary of the Reference Date. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the Term of this Agreement, a comparable index shall be selected by the parties. 3.3.5 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.3.6 Rental Tracking System. The CCRs shall provide that the Villa La Quinta HOA will establish and operate throughout the term of this Agreement a Rental Tracking system (the "Rental Tracking System") to be administered by the Villa La Quinta HOA or its agents or contractors. The Villa La Quinta HOA shall be required to designate and notify the City of the Rental Tracking System administer. The CCRs shall require each owner (or such owner's agent) within the Project to' report any rental of such owner's unit to the Rental Tracking System administrator if such unit is not rented through the Rental Tracking System. The CCRs shall require that the owners shall be responsible for reporting to the Rental Tracking System administrator the following information for all rentals of all units within the Project: (a) unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment; (d) the rental agent, if any; and (e) the name of the renter. The Rental Tracking System administrator shall use all reasonable diligence to assure that all such information is collected. The Rental Tracking System administrator shall provide monthly written reports summarizing the information collected pursuant to (a) through (d), inclusive, as an aid to the City in assuring that the proper collection of applicable TOT is occurring. The City shall have the right to audit the records of the Rental Tracking System administrator upon two business days written notice to the same. The Developer or Villa La Quinta HOA shall notify the City of the name and contact information of the Rental Tracking System administrator on or before the date that the first certificate of occupancy is issued for any of the residential resorts units. It shall be the obligation of the Villa La Quinta HOA to notify the City of any redesignation of the Rental Tracking System administrator. On an annual basis, the Rental Tracking System administrator shall provide an information brochure to all owners of units describing: (1) the limitation on renting units for more than 30 consecutive days; (2) the obligation to collect TOT on all rentals; (3) the obligation in the CCRs that owners or their agents report all rentals to the Rental Tracking System administrator; and (4) contact information for the Rental Tracking System administrator and the entity or entities rental management 119/015610-0002 431766.09 a10/16/03 -8- opportunities that are known to be available to the owners pursuant to Section 3.3.7. The City Community Development Director shall approve the brochure prior to its distribution. The City's approval of the brochure will not be unreasonably withheld. 3.3.7 Rental Management Program Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for rental periods of up to 30 consecutive days. The contract or contracts may, but are not required to be, with an on -site rental management agent. Developer may assign this obligation to the Villa La Quinta HOA in accordance with the procedures of Section 3.3.8. 3.3.8 Assumption of Obligation by Villa La Ouinta HOA. Upon the recordation of the CCRs and the execution and recordation of an assumption and assignment agreement, the obligations set forth in Section 3.3.3, 3.3.4, 3.3.6 and 3.3.7 shall be the obligation of the Villa La Quinta HOA and the Developer shall no longer be responsible for their implementation. The assumption and assignment agreement shall be in the form set forth in Exhibit "D". 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3,5 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the CCRs implementing this Agreement, or to the City's implementation of its rights under this Agreement; the Developer shall indemnify, hold harmless, pay all eosts and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) 119/015610-0002 431766.09 a10/16/03 -9- above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 Scone of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this 119/015610-0002 431766.09 a10/16/03 -10- Agreement, the City, .through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of Specific Plan Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of condition 14 of the conditions of approval for the Specific Plan approved by the City which relate to Developer's obligation to enter into (i) a development agreement for the payment of TOT and (ii) one or more rental management service contracts with a Resort/Hotel or rental management company for such Resort/Hotel (as such terms are defined in said condition), to maintain such contracts in effect for a period of ten (10) years, and to provide copies of such contracts to the Community Development Department. 5.0 DEFAULT, REMEDIES, DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any 119/015610-0002 431766.09 a10/16/03 -11- portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in _connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION• CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Proiect Site. . This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 119/015610-0002 431766.09 a10/16/03 -12- 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign Site, or any portion thereof (provided that . no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. Any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and 119/015610-0002 431766.09 a10/16/03 -13- (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a residential dwelling unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the residential dwelling unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual units under the CCRs provisions which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer or the Villa La Quinta HOA. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Steve Mudge Centex Real Estate Corporation 2275 Corporate Circle, Suite 230 Henderson, NV 89074 Telephone: (702) 990-0800 Facsimile: (702) 990-0400 119/015610-0002 431766.09 a10/16/03 -14- With a copies to: BEST BEST & KRIEGER LLP Attn: Daniel E. Olivier, Esq. 74-760 Highway 111, Ste. 200 Indian Wells, CA 92210 . Telephone: (760) 568-2611 Facsimile: (760) 340-6698 Edward G. Milgrim 385 Douglas Avenue, Suite 3100 Almonte Springs, FL 32714 Telephone: (407) 661-2103 Facsimile: (407) 661-9041 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Maieure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to 119/015610-0002 431766.09 a10/16/03 ' 15' this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. 119/015610-0002 431766.09 al0/16/03 -16- 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 119/015610-0002 431766.09 a10/16/03 -1 %- 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C ' Mitigation Monitoring Program D Assignment and Assumption Agreement for HOA E Compliance Certificate F General Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 119/015610-0002 431766.09 a10/16/03 -18- 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law; Litigation_ Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] 119/015610-0002 431766.09 a10/16/03 -19- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. Y 4 ATTEST: Ju'c .• eek City Clerl�.: APPROVED AS TO FORM R`JT4N & TLJ M. Katherine Jenson City Attorney "DEVELOPER" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner By: Stephen Mudge, Division President "CITY" CITY OF LA QUINTA, a California municipal corporatio BIrkL—�� y. MART ";,- :. Autiiig c:; Ly 'manager 119/015610-0002 431766.09 a10/16/03 -20- STATE OF CALIFORNIA ) ) ss COUNTY OF ewsi d t. On 11 JI 81b 3 , before me, IP De S CWA y M 6-r C , 0�A ►� P � l�L personally appeared 5 0 personally known to me (or proved to me on t e 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. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF (2 dL:S��� Notary Public aim s I: "T �rr�- On f YD . 0�0 O-3 before e,—js�P_L4gf,-7e G "e.-75te 4 personally appeared aMf/, 4- -S S personally known to me ( ) to be the person(jr) whose name(o) Wan subscribed to the within instrument and acknowledged to me that he/shb/tjey executed the same in his/her/their authorized capacity(yzs),. and that by his/lW/th*ir signature(,on the instrument the person(pt) or the entity upon behalf of which the person(.&) acted, executed the instrument. Witness my hand and official seal. r'az,� `= REGENIA HENSLEY [SEAL] zCommission # 1v�B wubli ry pc - CardorNa M,►c�.AU9,9.M04 119/015610-0002 431766.09 a10/16/03 —21— GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: P. DESCHUYMERE NAME OF COUNTY: RIVERSIDE DATE COMMISSION EXPIRES: 2-25-06 COMMISSION NUMBER: 1344543 DATE VERIFIED: it t LOCATION VERIFIED: COUNTY: RIVERSIDE STATE: CALIFORNIA GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: Regenia Hensley NAME OF COUNTY: Riverside DATE COMMISSION EXPIRES: 8-19-04 COMMISSION NUMBER: SIGNATURE: DATE VERIFIED: LOCATION VERIFIED: COUNTY: Riverside STATE: California EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 119/015610-0002 431766.09 a10/16/03 -22- EXHIBIT "B" CONDITIONS OF APPROVAL 119/015610-0002 431766.09 a10/16/03 -23- CITY COUNCIL RESOLUTION 2003-090 r--- CONDITIONS OF APPROVAL FINAL SPECIFIC PLAN 2003-065, CENTEX t SEPTEMBER 16, 2003 1. The applicant/property owner agrees to defend, Indemnify, and hold harmless the City of La Quints (the "City'), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this application and any other challenge pertaining to this project. This indemnification shall include any award toward attorney's fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not Involving reductions in required standards beyond those Identified in the Specific Plan, or other revisions necessary due to. changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 3. All plant materials within the perimeter retention basins shall be safe for consumption by the Peninsular bighorn sheep as .required by the Department of Fish and Game. The use of oleander shrubs is not permitted. 4. The developer shall comply with all applicable conditions of Tentative Tract Map 31379, Site Development Permit 2003-778 and Mitigation Measures for EA 2003-478. 5. Final conditions will be addressed when plans we reviewed. A plan check fee must be paid to the Fire Department . at the time construction plans are submitted. For additional assistance, please contact the Fire Department Planning do Engineering staff at (760) 863-8886. MY Camel Reeebfien 2003-00 Coaftwo of Appewhl - NMI $PW% PkA 2003465, C•lOx A*~ sepbndw 19. 2003 Pete 2 • S. Toe of slope grading activities shall be in compliance with the proposed grading plan, unless otherwise approved by the City Engineer during plan check consideration. 7. Prior to issuance of a grading permit or map recordation, the final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct Internal document inconsistencies prior to final publication of Specific Plan document. A minimum of seven copies of the final document shall be submitted to the Community Development Department. S. The City Engineer shall approve the width of private streets and on -street parking areas during plan check review of Tentative Tract Map 31379. 9. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 10. Parking lot light fixtures for the clubhouse facilities shall be fully shielded and may not exceed an overall height of 10'-0" as measured from adjacent paved surfaces. All other open parking and greenbelt areas shall be fit with bollard light fixtures not exceeding 604nches tall and 75 watts. Under -canopy lighting is permitted for carport structures. 11. A permit from the Community Development Department is required for any temporary or permanent signs, subject to the provisions of Chapter 9.160 of the Zoning Code. The permanent identification sign for the project on Eisenhower Drive shall be.limited to a maximum size of 24 square feet (double sized) and not exceed six feet in height. Accessory signs within the development shall not exceed 12 square feet. Accessory signs may be posted on walls, buildings or freestanding poles not exceeding eight feet in overall height. Internally illuminated signs are not allowed except for use within the clubhouse building. 12. The minimum parking ratio for. the project is 2.25 for townhouses, .1.0/bedroom for resort units, and 1.0/300 square feet for clubhouse buildings. The final parking design and number of spaces shall be determined during plan check consideration, subject to final approval by the Community Development Department. Each resort residential unit shall have a designated garage or carport parking space. MY am.MN 0 11 S' w 2003a0 GendOnn.f A/Nowi - Mid sMa1M lion ==4ft C«Mw ff AdopMk srpMnia 14, 2M P"p3 13. Timeshare units shall require review consideration by the Planning Commission under a Conditional Use Permit application. 14. The developer shall . enter into a Development Agreement with the City of La Quints for the. payment of Transient Occupancy Tax ("TOT") for this development. This Agreement must be signed and recorded prior to issuance of any development permits (i.e., infrastructure, grading, building, etc.) being authorized. Centex, on one hand, and a Resort or Hotel within the City of La Quinta (collectively, 'ResortlHoter) or Resort Country Club within the City of La Quints. on the other hand, shall enter into one or more contracts which will allow the purchasers of 'residences within the boundaries of SP 2003-M5 the opportunity to purchase golf dub and/or social memberships. In addition, Centex and the Resort/Hotel, or the rental management company for the Resort/Hotel, shall enter into one or more contracts pursuant to which the purchasers of residential units within the boundaries of SP 2003-W5 shall have the right to make their residential units available to the Resort/Hotel for the purpose of allowing the ResortA-IoteI to rent and manage the same on behalf of such purchasers. Renters under such Resort/Hotel managed -rental program shall have access to the Resort/Hotel facilities and amenities. A copy of the foregoing -executed contracts meeting the requirements of this condition shall be delivered to the Community Development Department before issuance of any building permits for a residential dwelling within the boundaries of SP 2003-Ot35. The foregoing contract or conbwft for rental management services shall remain in effect for a minimum of ten (10) years commencing with the date that the first certificate of occupancy is Issued for a residence within the boundaries of SP 2003-W5. Centex or its suooessor in interest may enter into reptaoement agreements with alternative Resort/Hotels within this ten (10) year period. The CC&Rs for the residential project to be developed within the boundaries of SP 2003-005 (the "Project") shall restrict the rental of residential dwelling units therein to periods of 30 consecutive days or, less. The residential dwelling units within the Project have been designed to facilitate short-term rental. Any material modification of the design or floor plan of a residential unit by the owner of such unit shall be restricted in the CC&Rs for the project. The City, through its community development director, shall have the final authority to approve or not approve the modification. City Couaer Reeduden 2003.90 Can -d- of Appreval — Rod spades Pion 2003465, Ceatac Adepe k September 16. 2003 rage 4 15. The following permitted land use activities shall be eliminated from the Specific Plan booklet: Planning Area I PA II PA III PA 1V Recreation Recreation Itennis dub Ssmi-Publlc (library Recreation (tennis dub (tennis club and and live entertainment) and museums) and health clubs, and live Semi -Public (library live entertainment) entertainment) and museums) Semi -Public (library, Semi -Public Temporary museums and (library and (construction facilities) poola/spas) museums) Office/Health Services Accessory (parking Temporary and Qining, Odnkiog, faculties) (outdoor events and Entertainment Temporary (outdoor along the events) perimeter of the OfficaMeaith Services development) and Didng. Drinkino. 16. Chapter 3.6 (Site Development Permits) of the Specific Plan document shall be amended to only include the last paragraph of Section 3.6.3 which states: 'Procedures for review of Site Development Permits shall be in accordance with the provisions of Chapter 9.210 DEVELOPMENT REVIEW PERMITS of the La auinta Municipal Code.' 17. Large outdoor events for residents and guests shall be confined to the proposed clubhouse facilities. A Temporary Use Permit application is required when events exceed 800 people. Fireworks shows (i.e., ground displays only) are not allowed, unless written permission is obtained from the Fire Marshal, Department of Fish and Game, and City of La Quinta. 1 S. Clubhouse expansion projects greater than 5,000 square feet in size shall be reviewed and approved by the Planning Commission. 19. An eight -foot high masonry wall may be built along the east property line, subject to approval from the property owner of Tract 29436. Project entry gates and wall pilasters may not exceed an overall height of 9'-0'. 20. A minimum five -stall bicycle rack shall be Installed at the clubhouse. 21. No more than 280 residential units shall be built on the 44.6-acre site. 22. Detached casitas or guesthouse units are not permitted within the boundaries of the project. C Condito of Appokod - FAd r spedit "M 20034M Comm Adopw: IMPM A 114. 2= 23. Residential buildings and carports structures within Planning Area 11 shall not exceed 19 feet and 10 feet in overall height, respectively. 24. A temporary off -site sales facility is permitted to be established to the south of the project prior to the issuance of a grading permit, subject to approval of the Minor Use Permit by the Community Development Department. 25. Zoning Code requirements of Section 9.60.320 (Resort Residential) shall be met unless otherwise prescribed by the Specific Plan document. The minimum rear yard setback for Planning Areas I and II shall be five feet. Community pool buildings within Planning Areas I and 11 shall be limited in overall height to 20 feet. 26. No .commercial communication facilities are permitted within Planning Areas I through IV. Residential dwellings shall be limited to a single one meter diameter wall -mounted satellite dish for television and Internet needs. 27. Rental units shall not be less in size than 420 square feet. The minimum house size is 1,300 square feet. 28. Bullet #3 under Section 3.5.11A) shall be deleted and replaced with the following statement: "All substantial architectural changes shall be reviewed and approved by the Architecture and Landscaping Review Committee (ALRC) and Planning Commission." CITY COUNCIL RESOLUTION 2003-091 i CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 31379, CENTEX 211M MBER is, 2003 i . The applicant agrees to defend, indemnify and hold harmless the City of Le Quints ('City'), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim,, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code 9 566410 through 68499.58 (the 'Subdivision Map Act'), and Chapter 13 of the La Quints Municipal Code ('LQMC'). r" The City of La Quints's Municipal Code can be accessed on the City's Web Site at. www.l"uinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department lGrading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunUne Transit Agency The applicant Is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements Include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Reeeiullon No. 2003-091 C' 10, of Approvd - RI Twrtedoo Tract Map 31370, Cwftx Adopted: September 1!, 2003 Popp 2 .4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres .of land, but which is a part of a construction, project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8:70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. The map shall be recorded within two years, unless an extension is granted pursuant to the requirements of Subdivision Ordinance. IM1111I0n /ils. 2002-Ml Cwrllm of AWavd - ftW Taw Trot Wimp 31379, Coon Ad~. s1s. 20W Pap a 6. Prior to issuance of any Pemf$), the ' applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate ' or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the.City Engineer. 8. The public street right-of-way offers for dedication required for this development include: r— A. PUBUC STREETS 1) Eisenhower Drive (Primary Arterial, Option B 100' ROW) — 50- foot from the centerline of the existing raised median. 2) Additional right of way dedication as needed to Implement the realignment of the northwesterly half of the Eisenhower Drive and other Improvements as described in Condition No. 551A). The applicant shall make a good faith effort to acquire said additional right of way dedication from the property owner to the south, KSL Development Corporation, If the applicant is unable to acquire the needed right if way, the applicant shall request the City Council to consider acquiring the right of way via eminent domain at the applicant's expense. 9. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. Private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Resomian No. 2003-091 CwWWan of AWavd - FkW Ta MOVO Twat Yap $1379. Caetex Adopted: s.ptaalaw 111. 2003 Pop 4 1) Entry Drive - 76-foot right of way to accommodate improvements as described in Condition No. 55 (61). Additional right of way dedication as needed for the Entry Drive connection (Lot A) to Eisenhower Drive as shown on the Tentative Tract Map 31379. 2) Private Streets: 36-foot travel width measured gutter flow line to gutter flow line with parking allowed on both sides of the streets. The travel width may be reduced to 32 feet with parking restricted to one side, and 28, feet if on -street parking is prohibited, and provided - there is adequate off-street parking for residents and visitors, and the applicant 'makes provisions for ongoing enforcement of the parking restriction. Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the entry roads similar to the lay out shown on the rough grading plan. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and -other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: r—. 11=4111 os W 20= 0e1 CwWkb s of A/p d - Rod j Tw t *m Taft Mfg 21279, Cwaw t� :f/twvbw 1i. 2M A. Eisenhower Drive (Primary Arterial, Option B) - 20-foot from the R/W-P/L The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes and any additional right of way dedicated from KSL Development Corporation. Where public facilities (e.g., sidewalks) are placard on privately awned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the final Map. 15. The applicant shall offer for dedication those easements necessary for the Placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, parklands, and common areas on the Final Map. 16. Direct vehicular access to Eisenhower Drive from lots with frontage along Eisenhower Drive is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. The applicant shall furnish proof of easements, or written permission, as. appropriate, from those owner: of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 18. The applicant shall grant easement for an access road, identified as Lot F, connecting Tract 29438 to the proposed entry drive prior to recording of Tract 31379. 19. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, the recordation of the tract map is subject to the applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 20.. The applicant shall cause no easement to be granted, or recorded, over any pprtion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. Resolution No. 2003-Ml Cadtlorw of Apptowi - Pad Twntstlno Treat Map 31379, Coot m Adopted: s.ptomber 16, 2003 hp< 6 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster4mage file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 22. Improvement plans shall be prepared by or under the direct supervision of qualifled engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 23. The following improvement plans shall be prepared and submitted for review and approval by ' the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Plan: 1 " = 40' Horizontal, I" - 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1" = 40' Horizontal, 1"- 4' Vertical C. On -Site Rough Grading Plan: 1 " = 40' Horizontal D. On -Site Precise Grading Plan: 1 " = 30' Horizontal " -.a M0. 2003-061 CN ddw d A/p jd - ftW TMKMM Tent Nep 21379. Gents r84plandow 1i. 2003 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans shall show all -existing Improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 'Rough Grading" plans shall normally Include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, dated sheets and/or construction r notes from the City. 25. The applicant shall furnish a complete set of the AutoCAD files of all approved Improvement plans on a storage media acceptable to the City Engineer. The files shall be saved- In a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files In order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted'to an AutoCAD format, the City Engineer will accept raster4mage files of the plans. 26. Prior to approval of any Final Map, the applicant shall construct .ail on and off - site improvements and satisfy its obligations for same; or shall furnish a fully secured and executed Subdivision Improvement Agreement VSIA') guaranteeing the construction of such improvements and the satisfaction of its obligations for r-- same, or shall agree to any combination thereof, as may be required by the City. RewMAon " 2003-091 C, We d Anwid - Rnd Twft1t4e Tact Map 31379. Cwftx Adopbd: sptrebw 16, Z00>I pop 8 27. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quints, for the purpose of guaranteeing- the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 28. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions, which are not a part of the proposed improvements; and shall provide for the setting of the final survey . monumentation. 29. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development In a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 30; The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LaMC. 31. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 32. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. - A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections S.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. i Reedook a H& 2003491 c«*ft�.f#4PMW-F" TWIM" That MW 21370, Gndu { Adepla : 66PUMMr 14, 2003 ro. s All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certifled as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear -on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code f 17953. The applicant shall furnish security, in 'a form acceptable to. the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 33. The applicant shall maintain all open graded, undeveloped land In order to prevent wind and/or water erosion of such land. AN open graded, undeveloped land shall• either be planted with Interim - landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Imo. Plan. 1 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LOIIIIC-Section 9.60.240(F) except 'as otherwise modified by this condition requirement. *The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e., the slope at the back of the landscape lot) which shall not exceed 2:1 If fully planted with ground cover. The maximum slope In the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.50) in the first eighteen inches (16") behind the curb. 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 36. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. r— i37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. tloedodon No. 2003.091 CwWNIO M d App wjW - Find Twit dve Tract Mep 31379. CO OM Adopted: September 16, 2003 Pop 10 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall List the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad' soil. The data shall be organized by lot number, and listed cumulatively If submitted at different times. 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100-year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3-hour, 6-hour or 24-hour event producing the greatest total runoff. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. O698hod e Me. 3003-091 C'6raM 1r AppPeNi - PM - Twm*w TMK My 31M. CAR Adepad: 2@P6$Rdw 1e. =00= ra"11 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03 and Amendment #t1, and side slopes shall not exceed i 3:1 and shall be planted with maintenance free ground cover. 46. Stormwater may not be retained In landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(8)(7), LQlMC. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 49. Storm drainage historically received from adjoining property shall be received and retained* or passed through into the historic downstream drainage relief route. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 LQMC. (Utilities), Resolution No. 2003-091 Co dllom of App evsl - Fb Tentative Treat Map $1379. cages Adopted: Sephmbsr 16. Zoos Pp• 12 51. The applicant shall obtain the approval of the City Engineer. for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For Installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. i 1 44&:li_ u' • 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Eisenhower Drive (Primary Arterial; 100' R/W option): Widen the westerly side of the street to 38-foot half of the ultimate 76-foot street improvement width on the west side as specified in the General Plan and the additional requirements of these conditions. PA@dldl=11& 2003401 Cawstloti of ApRovr , qod Twatud" Toad Mop als". cwtu Adopb& sepbeiw 1e. 2002 Pfts 13 The applicant shall participate in fifty percent (50%) of the cost to design and reconstruct the 12-foot wide landscaped median in a new alignment that is shifted ten and one-half feet.(10.5') away from the southeasterly curb of Eisenhower Drive at Coachella Drive to accommodate south -to -north U-turn traffic and improve sight distance at this intersection. The realignment transition shall be accomplished with a 1,800-foot radius curve coupled with appropriate transitions to be determined during design. Approximately 750' of median adjacent to and south of tract 31378 shall be realigned. The applicant's engineer shall coordinate with the subdivider of Tentative Tract No. 29436 in the design and construction of the Eisenhower Drive realignment specified above. Other required improvements in the Eisenhower Drive right of way and/or adjacent landscape setback area include: r-- a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) Class I Off Street Golf Pathway — Construct 12 foot wide meandering pathway within the 32-foot wide parkway/landeacps set back from Coachella Drive to Avenida Fernando. The design of the pathway shall be as approved by the City Engineer. c) Traffic signal modification of existing traffic signal system at the Eisenhower Drive and Coachella Drive intersection to accommodate the fourth leg. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Hoeshodon No. Boos -oat Cadtiono of Approrr - Rnd Tontm" Trmt Mop 31379, Conox Adopted: septurAw 16, zoos Pogo 14 B. 'PRIVATE STREETS 1) Entry Drive (Lot A) - Construct full improvements within a 56-foot street improvements which shall be divided into one 20-foot traveled way ingress roadway and one 24-foot traveled way egress roadway (one 12-foot left-turn/through fans and one 12- foot right -turn lane) with a 12-foot center landscaped median, and extending at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive intersection to provide adequate throat for a four vehicle queue. 2) Access Road tLot F) - Construct 36-foot wide travel width and approved curb and gutter consistent with street improvements of the access road proposed on Tract 29436. The intersection of Lot F with the Entry Drive (Lot A) shall be located at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive intersection per requirements of - 1► above. 3) Private Residential Streets (Lots B through E) : a) Construct 36-foot wide travel width improvements measured from gutter flow line to gutter, flow line and approved curb and gutter as shown on the tentative map where parking is allowed on both sides of the street. b) Construct 32-foot wide travel width as shown on the tentative map provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. c) Construct 28-foot wide travel width improvements. On - street parking shall be prohibited and the applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions. Entry drives, main interior circulation routes, standard knuckles, comer cutbacks, bus turnouts; dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. fted dW lie. 2 =491 r COWNWA of APpewi - rail !j Toms" That Wp'1379. Cox Adopbd: sop A- 16. A0M Pase is 56. The applicant. shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including constriction traffic). Minimum structural sections shall be as follows: Residential 3.0' a.c./4.5.' c.a.b. Collector 4.0' a.c./5.0' Primary Arterial 4.5" a.c./6.0' or the approved equivalents of alternate materials. 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall Include test results for all specimens used In the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation r test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 58. General access points and turning movements of -traffic are limited to the following: A. Primary Entry (Eisenhower Drive): Full turn movements at existing signalised intersection of Eisenhower Drive and Coachella Drive. 59. Improvements shall include appurtenances such as traffic control, signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 60. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. Pboakidw " 2003-091 c- -d-ao of Appmd - Fk1 Todedw Tract Mop 31379. Cm t x Adoptodt iapt n bw 16, 2003 Pop is R 61. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQIMC. 83. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 65. Landscape areas shall have permanent irrigation Improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. fib. The applicant shall provide public transit improvements as required by Sunline Transit Agency and approved by the City Engineer. r^ PAWGkW a M. 20034M1 Coaddew of Appwi1- Rnd TGFAWM TMW No 31379. Cis Ado10. 200= f oie 17 QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 69. The applicant shall wrongs for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 70. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans, which were approved by the City. Each sheet shad be clearly marked "Record Drawing," "As -Built" or "As -Constructed' and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or rester -image files previously submitted to the City, revised to reflect the as -built conditions. m_ aw 71. The applicant shall comply with the provisions of Section 13.24.180 (Maintenance), LQMC. 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. 73. The applicant shall comply with the provisions of Section 13.24.180 (Fees and r— Deposits), LCiMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. PANWW W No. 20034)91 CwddwM of Appnrrd - Find Twfhdw That Map 31379. Cortex Adopted: 0apta idw 18. 2003 Pps 1s 74. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 75. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination` pursuant to CEC1A Guideline 415075(a) once reviewed by the City Council. 76. The applicant shall comply with the provisions of Section 13.48 (Park Dedications) of the Le auinta Municipal Code prior to final map recordation. FIRE DEPARTMENT 77. For residential areas (i.e. single family homes), approved standard fire hydrants shall be located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 GPM for a two-hour duration at 20 PSI. 78. For any buildings with public access (i.e., recreational halls, clubhouses, etc. or buildings with a commercial use (i.e., gatehouses, condos, apartments, etc.), super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1,500 GPM for a two-hour duration at 20 PSI. 79. Blue dot retro-reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 80. All buildings that are 5,000 square feet or larger shall be fully sprinkled (NFPA 13 Standard), unless otherwise allowed by the Fire Marshal. Sprinkler plans shall be approved by the Fire. Department. 'Area separation walls may not be used to reduce the need for sprinklers. 81. Any street turn, or turnaround, requires a minimum 38-foot turning radius. 82. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 1110446" me' 200iQsi cod even of ApprOW - find T.ftdm TMA ws sus», c4110001 Adopt@* s.P10 h ts, 200$ p"o, is 83. The minimum dimension for sccess roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Roadways may not exceed 1,320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. Any gate providing access from a public roadway to a private entry roadway shall accommodate a minimum two vehicle stacking distance from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system IKNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system j shall remain open until closed by the rapid entry system. 84. The required water system, including fire hydrants, shall be Installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 85. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 86. Building plan check /non-residential, if any) is to run concurrent with the City plan check. 87. All public agency letters received for this case are made part. of the case file documents for plan checking purposes. 88. All mitigation Measures included in Environmental Assessment 2003-478 are r-- hereby included in this approval. A conservation easement shall be placed over the historic milling stations in perpetuity. The City Attorney shall review the conservation easement before being recorded with the County of Riverside. _.. __. _....�.. .... ...... ........ ..�•.••.... .a. •.w. a.. a.ap ■.aa. a.00 ,., 8"Oev esm VaVVa IMaokow 1#& 2003491 Cardd, of Apprwd - fled Twastiva Traot No 31370, Ceemex Adopted; spt@niMr 1s. 2003 Paso 20 89. A permit from the Community Development Department is required for any temporary or permanent tract signs. Unlighted tract )D signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 90. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 91. Prior to submitted the Final Map for plan check consideration, the following corrections and/or information shall be provided: A. Two copies of the draft Covenants, Conditions and Restrictions (CC&R's). The City Attorney shall approve the document prior to approval of the final map by the City Council. The CC&R's shall contain language reflecting the following provisions: "On -street parking of any recreational vehicles (e.g., boats, motor homes, trailers, buses, campers, mobile homes, inoperable vehicles, or other similar vehicles) shall be prohibited at all times within the residential tract. Parking for such vehicles shall be restricted to storage on the property behind a masonry wall of not less than six feet in height, which is equipped with a solid gate that shields the subject vehicle from view from the street. Temporary parking in designated areas is permitted for a maximum of 24 hours as RV's are prepared for use or storage." Bighorn sheep mitigation measures addressed in EA 2003-478 shall also be enclosed in the CC&R's. B. Street Lot "A" shall be designated Coachella Drive and Street- Lot "F" shall be designated Full Moon Bay as required by Chapter 3 (Program 2.14) of the General Plan. C. A minimum of three street names shall be submitted for each private street shown on the Map exhibit. A list of the names in ranking order shall be submitted to the Community Development Department for approval during final map processing. CITY COUNCIL RESOLUTION 2003-092 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2003-778, CENTER SEP I BER 16, 2003 1. The applicant/property owner agrees to defend, Indemnify, and hold harmless the City of Le Quints (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this application and any other challenge pertaining to this . project. This indemnification shall include any award toward attorney's fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Minor amendments to the development plans shall be subject to approval by the Community Development Director. 3. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department, pursuant to Chapter 8.13 of the Municipal Code. Specific landscape requirements for the project are: A. To encourage water conservation, no more than 60% of the front yard areas shall be devoted to turf. Front and rear yard landscaping shall consist of two trees (i.e., a minimum 1.6 inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade true if the trunk is a minimum six feet tall. Double lodge poles (two -Inch diameter) shall be used to stake trees. Bubblers and emitters shall be used to irrigate shrubs and trees. Homsbuyers shall be offered an option to have no turf emus in their front yard through the use of desertscape materials. B. Parkway shade trees shall be delivered to the site in 244nches or larger boxes with minimum two-inch calipers for Lots A, J, H and I of TTM 31379. Trees shall be a minimum height of ten feet once installed. C. All plant materials within the perimeter retention basins shall be approved by the Department of Fish and Game to insure the safety and welfare of the Peninsular bighorn sheep. D. The developer, and subsequent property owner(s), shall continuously maintain all required front yard and parkway landscaping in a healthy and viable condition as required by Section 9.60.240(E3) of the Zoning Code. Rssdwdm Ho. 20034*2 WWWRMK 'emit 2003-778, Can= Adqp'bdage22 90tumbe 10. 2002 E. Due to maintenance and leaf litter problems, the following trees shell not be used for this project: Bottle (Brachychiton populneus), Evergreen Ash (Fraxinus Uhdai 'Majestic Beauty'), Elm (Ulmus parvifolia), Olive (Olen europaea) and Crape Myrtle (Lagerstroemia indica). Fruitless olive trees can be used within the development. 4. Walls within 150 feet of Eisenhower Drive shall be clad in stucco and capped in brick or concrete. Pilasters shall be included at intervals of not less than 80' on center. S. A centralized mailbox delivery system shall be used for the 'project pursuant to any requirements of the U.S. Postal Service, unless individual mailboxes are allowed. LIC SAFETY 6. Install wide -angled peepholes into front doors. 7. Graffiti resistant paint should be applied to parkway walls. S. Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines, and under vulnerable windows. Additional public safety Information may be obtained by contacting Senior Deputy Andy Gerrard at (760) 863-8950. FiRE DEPARTMENT 9. Final conditions will be addressed when plans are reviewed. A plan check fee must be paid to the Fire Department at the time construction plans are submitted. For additional assistance, please contact the Fire Department Planning & Engineering staff at (760) 863-8886. MISCE i ANEO g 10. The developer shall comply with all applicable conditions of Specific Plan 2003-065, Tentative Tract Map 31379 and mitigation measures of EA 2003- 478. S:%City CbrMCond cc SM78C*nNxFkW 9.1"3.doo EXHIBIT "C" MITIGATION MONITORING PROGRAM 119/015610-0002 431766.09 a10/16/03 -24- r- i 0 v ww �W 0 w O .r • pM 8 oxd o_ des w ,moo, = a e^ g � v ee . N C 0 � �Qytp�N e�+1 S $ •• C �W a AV e Q �Q a� gel 1 A X& 2 ly x 9 o � 9 HS � Jr ti7 O O O 5 .5 a a� s Q r � .ii •w2 %raw _3 •� 3 c �j •_ H 0 3� rein y .Q. y q V iG•L� G�7 U al L. O .Q C 1� 1� 'v, {iu r, H H E Q N E C� sn .� .o rn U •v U •v U a A. v� L'3 WWI._ 40- 4.. 4r O O Z4r O O y: 4: O O yC u ux °E y E .9 E .2 G IL $ ;E €1a1 C a w C AN 6 D a rz Y D Y O V� UW U O ob r u u u ab 3 c 79 a• C Cso Y ON L �b Y .y (�j Q CO C6A. c. Z i-+ F- 93 a o U y .9 0 s� oC V z 0 •e H y a H y a a o ,S fy � C o0 C C LC1 M/ W .r C 16 u a u 6 eo pq C O � w C � v � m Qc� q0 V V Y y w it a U� a�G EXHIBIT "D" ASSIGNMENT AND ASSUMPTION AGREEMENT FOR HOA 119/015610-0002 431766.09 a10/16/03 -25- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY i LONG I REFUND I NCHG I EXAM (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AID ASSUMPTION AGREEMENT (the "Assignment') is made and entered into as of t/ , by and between CENTEX HOMES, a Nevada general partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer" or "Assignor") and [THE VILLA QUINTA HOMEOWNERS' ASSOCIATION, a 1 (the "HOA" or "Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 44.61 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Assignor intends to develop the Site with a resort residential master planned community with 280 resort residential units and associated recreational .facilities (collectively, the "Project). C. Assignor, as "Developer," and the City of La Quinta, a California municipal co ation ("City"), have entered into that certain Development Agreement dated 2003 (the "Development Agreement'), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) 119/015610-0002 431766.09 a10/16/03 -26- establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan., all as more particularly described in the Development Agreement. D. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. E. In accordance with Section 3.2.1 of the Development Agreement, Developer has caused the HOA to be established and has recorded certain covenants, conditions and restrictions (the "CC&R") which, among other things, (i) provide for the HOA's payment of the fees described in Sections 3.3.3 and 3.3.4 of the Development Agreement, (ii) provides for the HOA's operation of a Rental Tracking System, as described in Section 3.3.6 of the Development Agreement, and (iii) provide for the rental management opportunities to owners of units, as described in Section 3.3.7 of the Development Agreement. F. This Assignment is being entered into pursuant to Section 3.3.8 of the Development Agreement, which provides that, by causing the establishment of the HOA and providing for the HOA to be responsible for the matters described in Recital E above, Assignor may assign certain of its rights and obligations under the Development Agreement to the HOA. Accordingly, in accordance with Section 3.3.8 and Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to Sections 3.3.3, 3.3.4, 3.3.6, and 3.3.71 of the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of . which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. Assignor hereby assigns, conveys, transfers, delivers and delegates to Assignee all of Assignor's right, title, interest, and obligation with respect to Sections' 3.3.3, 3.3.4, 3.3.6, and 3.3.71 of the Development Agreement (collectively, the "Assumed Obligations"). 2. Assumption of Obligations. Assignee hereby accepts the foregoing assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising from the Assumed Obligations on or after the date of this Assignment. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in and to the Assumed Obligations, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed 1 Note — If Developer wishes to retain the obligations of Section 3.3.7 of the Development Agreement, the reference to that Section shall be deleted, and Developer shall remain obligated to fulfill the obligations of that Section. 119/015610-0002 431766.09 a10/16/03 -27- in connection with the Assumed Obligations from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Developer" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A NevadaCorporation, Managing Partner By: 1// Stephen Mudge, Division President "Assignee" [THE VILLA QUINT OMEOWNERS' ASSOCIATION, a By: Its: 119/015610-0002 431766.09 a10/16103 -28- STATE OF CALIFORNIA ) ) ss COUNTY OF On . before me, personally appeared personally known to me (or 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. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 431766.09 a10/16/03 -29- STATE OF CALIFORNIA ) ss COUNTY OF On before me, , personally appeared personally known to me (or 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. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 431766.09 a10/16/03 -30- EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 119/015610-0002 431766.09 a10/16/03 -3 1 - EXHIBIT "E" COMPLIANCE- CERTIFICATE 119/015610-0002 431766.09 a10/16/03 -32- COMPLIANCE CERTIFICATE (CENTEX DEVELOPMENT AGREEMENT) The undersigned, as the general partner of CENTEX HOMES, a Nevada general partnership dba CENTEX DESTINATION PROPERTIES, ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated - , 2003, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the CCRs required by Section 3.2.1 of the Development Agreement have been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement for the building permits requested to be issued have been paid; (3) all payments required pursuant to Section 3.3.3 of the Development Agreement as of the date have been paid; (4) the Rental Tracking System as required pursuant to Section 3.3.6 of the Development Agreement has been established, and to the extent that rentals have occurred, it operating in accordance with the requirements of such section; (5) the rental management program as required by Section 3.3.7 of the Development Agreement is in place, as is evidenced by the fully executed contract or contracts attached hereto as Schedule 1; and (6) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 2, which schedule identifies all applicable Conditions. of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner 0 Stephen Mudge, Division President 119/015610-0002 431766.09 a10/16/03 -33- SCHEDULEI RENTAL MANAGEMENT PROGRAM CONTRACT(S) [DEVELOPER SHALL ATTACH COPIES OF THE FULLY EXECUTED CONTRACT IT HAS PROCURED IN ORDER TO SATISFY SECTION 3.3.7 OF THE DEVELOPMENT AGREEMENT (SPECIFIC PLAN CONDITION NO. 14).] 119/015610-0002 431766.09 a10/16/03 -34- SCHEDULE 2 CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] 119/015610-0002 431766.09 a10/16/03 -35- EXHIBIT "F" GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT 119/015610-0002 431766.09 a10/16/03 -36- RECORDING. REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between CENTEX HOMES, a Nevada general partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 44.61 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2003 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) 119/015610-0002 431766.09 a10/16/03 -37- establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan., all as more particularly described in the Development Agreement. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]2 E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. ` This bracketed language and the bracket language below would be applicable to partial conveyances by Developer, in which case the Developer shall remain obligated under the Development Agreement as to the portions of the Site retained by Developer. 119/015610-0002 431766.09 a10/16/03 -38- 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] 119/015610-0002 431766.09 a10/16/03 -39- IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner By: .11� Stephen Mudge, Division President STATE OF CALIFORNIA ) ) ss COUNTY OF "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] On , before me, personally appeared personally known to me (or 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. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 431766.09 a10/16/03 -40- STATE OF CALIFORNIA ) ss COUNTY OF ) ✓"' On , before me, personally appeared personally known to me (or 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. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 t 431766.09 a10/16/03 -41- EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No..2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 119/015610-0002 431766.09 a10/16/03 -42-