SBA 1995-315CASE NO:
CITY OF LA QUINTA IFEE: $100.00
PLANNING & DEVELOPMENT DEPARTMENT > %
APPLICATION FOR SETBACK ADJUSTMENT �S/ / 9�
APPLICANT: Submit this form with two copies of a scaled site plan,
drawn to adequately depict the nature of the request. A nonrefundable
fee of $100 is required when the Application is submitted. Check must be
make payable to the "City.of La Quinta".
If the Applicant is not the owner of the property, a letter must be
submitted by the owner. authorizing the Applicant to execute this document
in his behalf.
PLEASE /IPRINT OR TYPE
APPLICANT/CONTRACTOR: CS 7��y�P Or���' DA u E aFr S n
,�y� ��..
ICI
CONTACT PERSON (IF DIFFERENT) �i/�� PHONE
MAILING ADDRESS: Auc4l Ago-e %,.e 6u,,q 4 0A0
(Address) (City) (.State) (zip
OWNER'S NAME: 6(/-P U"-rd PHONE
MAILING ADDRESS: %G% -as a MC(r -hi i ,mc A &1'09t rbg
(Address) (City) (State) (zip)
STREET ADDRESS OF PROPERTY: 7�% S SSClrl��/')�Jce
LEGAL DESCRIPTION OF PROPERTY: LOT #
ASSESSOR'S PARCEL NUMBER:
TRACT
ADJUSTMENT REQUESTED: r-P'� se'f Ijrn� �C 4 c►V S�VIi�Yl7
REASON FOR REQUEST: -:�)"w"yy?Vn;
JUSTIFICATION: No request for a Setback Adjustment shall be granted
unless it is determined that it is consistent with the intend and. purpose
of'this Ordinance; that there are special circumstances applicable to the
property, including such factors as size, shape, topography, location or
surroundings that justify the approval of the adjustment of the setback
requirement, and that the adjustment will not be detrimental to the
health, safety, and general welfare of the community.or be detrimental to
property in the area of the parcel for which the adjustment is requested.
FORM.013/CS
MEMORANDUM
CASE: Location(s) : S".S-3-1,a...r��2,,�,g
Request(s) : - O/ x0c� Af
Your setback adjustment application is•hereby approved, subject to
the following conditions:
Conditions:
1. Obtain a building permit from the Building and Safety
Department.
2. The other Zoning Code provisions shall be met.
3. If ground excavation is required, please contact Underground
Service Alert (USA) at 1-800-422-4133. The service is free of
charge 'provided USA is given at .least two working days"
notice.
4. Additional Conditions: �Oae_ NoT
elt,5
After review it was determined that:
1. This adjustment is consistent with the'.intent and purpose of
the Zoning Ordinance.
2.. There are special circumstances applicable to the property,
including such factors as size, shape, topography, location or
surroundings that justify approval of the adjustment. These
circumstances are: No -wvgwmeco,
Goi-f cv�nz��
Thank you for your cooperation..
Sincerely,
Community Development Department
Attachments .
c: Building and Safety Department
MAY-01-95 MON 08:57 Kq L LANDMARK FAX NO. 6195644880 P.02
J. ARK CORP.
NECREATIC)N. CORPORAT'ION
POOL SETBACK EXCEPTION AGREEMENT
April 24, 1995
Mr; Gilbert R. Westwell
Mrs.'Lce A. Westwell
7 =553 Mandarina
9
La Quints, California 92253
Mr. Mike McIntyre
McIntyre Pools & Spas
P. O. Box 1,791
La.Quinta, California 92253
Dear Mr, & Mrs. Westwell and Mr. McIntyre:
THIS POO� SETBACK EXCEPTION AGREEMENT (the "Agreement"), rn . ade effective
the allay of 1995, by and between KSL LA QUINTA CORPORATION,'
Delaware corporation -("KSU), and GILBERT R. WESTWELL and ..I.A. A.', WESTWELL
(collectively. "Westwell") and MCINTYR!E POOLS& SPA ("Contractor").
RECITALS
WHEREAS., KSL..Is the owner of certain real property developed as.a golf course located in the
City of La Quints, California and commonly known- as "The. u Citrus Course";
WHEREAS, Westwell is the owner of certain real property commonly 'known 'as .70-555
Mandarina, -located itninediately adjacent to the -Citrus Course in the City 'Of'La Quinta,
California (the "Westwell Property"), more part 1 cularl y'described on Exhibit A, attached hereto' -
and by this * reference- -made a part hereof, and desires to build 'a swimming pool d related
resing p6o n
Improvements .(-the "Pool") on the Westwell' Property (the "Construction Project");*.
WHEREAS, the City of La Quinta Municipal C6de S9.1 56.170 requ
ires a minimum setback of
..jive. feet �to any property line, unless and to the extent that the adia Y' cen,t property owner has
approved an encroaphrrient'.1n.to'such setback, and Westwell desires to h' t build I . e.Pool'within'the'
five-foot setback .adjacent -to the Cirrus .Course property line (the "Setback");
WHEREAS, subject to the o terms, covenants and conditions of this Agreement, s . KSL is willing to
consent to. W6t*611s' encroachment into' the Setback -for the.. purpose of installation and
operation' of the Pool therein, in consideration of certain undertakings with respect to- the
Construction. Project.- by. Westwell;
NOW THEREFORE, in consideration of the Recitals, the
mutual promises contained herein and
other good and valuable -consideration the receipt and sufficiency* of which are. hereby
acknowledged,' the parties agree as follows:
56,140, PGA lioulevarJ a La Quinta, (4tliforfiia 92253 • (619).564.1088o f'aX (619) 564-4880
MAY-01-95 MON 08:58 K L LANDMARK CORP. FAX N0, 6195644880 P.03.
'Mr. & Mrs. Westwell .
Mclntyre_Poo.1s & spas
Page 2
1. CONSENT! LIMITATION OF RIGHTS. (a) In accordance with the provisions .
of §9.156.170 of 'C.'.ity of La Quinta Municipal Code, KSL hereby consents. to Westwell
construction of the Pool within. the Setback, which Pool shall be entirely contained within'the
Westwell Property. .Except as expressly provided herein, West -well shall have no right to enter.
upon, store materials or equipment upon, grade or construct any improvement on, any portion,
Of the property owned.by KSL or its affiliates, including without limitation, the Citrus Course.
(b) The parties acknowledge that Westwell and Contractor shall not, by reason
of Ae Agreement, obtain any temporary or perpetual rights (except for the temporary revocable
license for use in connection. with the Adjacent KSL Property described below) or interests. in any
property owned by KSL. or its affiliates, including without limitation, the Citrus Course. KSL
hereby specifically reserves and shall retain all rights in and to the Citrus Course.
2. TERM. The "Term' " of this Agreement shall commence upon the date first above
written and shall expire December 31, 2094, unless terminated earlier upon the terms contained
herein, provided however that Westwell and Contractor agree to complete. the Construction
Pr&etand to discontinue use of the. Adjacent KSL Property no Inter than
1995.
3.. USE OF THE ADIACENT KSL PROPERTY. The parties acknowledge and
agree that Westwell and . Contractor may have to access occasionally. a small portion .of land.
owned by' K.SL immediately. adjacent to the Westwell Property, no more than ten feet in width,
in -conjunction with Westwells and Contractors activities under this Agreement (the "Adjacent
KSL Property"), In thisregard, during the construction period only,:Westwell and'Contractor
shall have:a;iemporary revocable license to enter upon the Adjacent KSL Property, for purposes
of furthering the activities contemplated by this Agreement, provided however that .Westwell and
Contractor shall have:. no right to park or store any vehicles or equipment on the Adjacent: KSL .
Property. - In .this regard, Westwell. agrees that it will coordinate its use of such land with: KSL's
designated representative, Jim Wieborg, and will not disturb, damage or contaminate the Adjicehi
KSL Property. of interfere in any manner with KSL golf operations or other activities on the .
Adjacent KSL Property and/or.the Citrus Course. Westwell agrees to restore the Adjacent KSL
Property .to, its. condition existing on� the date of this Agreemen 'mm lately following .
construction of the Construction Project, but in no event later that'. ., 1995, it which
time -the' temporary revocable license to use. -the Adjacent.KSL Prope shall terniiiwe.
4. WEST.WELL'S AND CONTRACTOR'S OBLIGATIONS. (a) Westwell shall
be financially responsible for any damage or injury to- the Adjacent KSL Property, the: Citrus
Course and/or the Westwell Property and/or to any person which may arise in connection with
thin Agreement attd/or'the Construction Project.
(b) Westwell will be responsible. for the landscaping; repair aril maintenance
of its own property lying between the property line of the Citrus Coursc and the Construction
Project.
chruslweuwrU.uWnt Rpri124, 1995
legal InrvyeR�
MAY-01-95 MON 08:59
K L LANDMARK CORP.
FAX NO. 6195644880
•
P. 04
Mr. & Mrs. Westwell
Ryan ,r2 Pools & Spas
Page-3 .
(c) Westwell and Contractor agree to be responsible for the clean-up of .any new
environmental contamination, and/or aggravation of existing contamination, whichoccurs as a
result of, or 'arises in connection with any activities conducted by .Westwell, Contractor, its
employees, agents, subcontractors or re presentatives, under this Agreement and to .indemnify: artd
hold KSL harmless from and against any and all claims, losses, damages and injuries of any nature
whatsoever resulting from or arising. but of Westwell' and/or Contractor's activities under this
Agreement.
(d) Westwell shall be responsible for obtaining all permits and approvals from
all applicable governmental authorities necessary in connection with We;stwell's. activities under
this Agreement.
(e) Westwell . agrees that any and. all costs incurred with regard to the
Construction ProjecE or any claims of third parties for liens, personal injury, or property damage
With respect to the use of the-Westwell Property shall be borne by Westwell at its sole cost. and
expense. Westwell agrees to indemnify, defend and hold KSL harmless from and against any lien,
claim, loss, cost or liability of any nature whatsoever arising out -of or incurred in connection,
with the Construction. Project.
(f) Westwell and Contractor shall not cause, .suffer or permit any mechanic's,
materialman's or other liens to attach to or be recorded against the Adjacent KSL Property,..the
Citrus Course .or any other property owned by KSL .or its affiliates.
(g) In the event that Westwell; Contractor or their subcontractors breaches any
of the foregoing covenants regarding the Adjacent KSL Property and/or any. facilities, or systems .
Ideated on the:Adjacent KSL Property, Westwell and Contractor agree to be responsible for all
damages caused by such breach, including but not limited to compensatory., consequential and
incidental damages and attorneys'. fees and court costs associated therewith. Westwell
acknowledges and"agrees that consequential damages shall include any.darnages actually- caused
by Wi stwell's breach, regardless of whether such damages were foreseeable at the time'this
Agreement was executed. By way of example only,. and not by limitation, consequential damages
include property�andecortomie damages (including loss of business) resulting fron-ienvironmental
contamination and/or damage to irrigation systems.
(h) Westwell's obligation to observe and perform this covenant shall survive the
expiration, or other termination of this Agreement. .
5. DEPOSIT. Westwell'. shall. deposit with KSL a check in the. amount of Two
Thousand Five Hundred Dollars and no/cents ($2,500.00), made payable to KSL, which consists•
of the following:
(aj $2,35.0.00 .represents the estimated costs to repair and replace the Adjacent -KSL
Property landscaping disturbed during the. Project (the "Remediation Deposit").
`Urus lwesAvdl, agm ApI!l 24, 1995
lrgallprnperry
MAY-01-95 MON 0859 K o LANDMARK CORP,
Mr. & Mrs, Westwell
McIntyre Pools & Spas
page 4
FAX NO. 6195644 880 P. 05
(b) $150.00 represents Administrative costs incurred and recording fees, for the Pool
Setback Exception. -Agreement describcd in Section 9 hereii;, paid. by KSL (tlie. "Expense
Deposit").
The Recriediation Deposit is refundable to Westwell upon Westwell's •completion �f the :repairs
and replacement to the .Adjacent KSL Property in a manner satisfactory to KSL or its
representative.
6. 1NWRANCE and L1CF.NSES. At all tunes during the construction of the
Construction Project and until the date that Westwell conveys the Westwell Property to a third
party purchaser.,. Westwell shall carry and maintain, in full force and effect, at its sole cost and
expense; the following insurance policies with insurance companies satisfactory to KSL. Such
policies shall include a provision requiring a minimum of 30 days' notice to KSL of any change
or cancellation. KSL shall'be named as an additional insured'.on the policies- listed in Subsections
6(a) and (b) as. its interests may .appear.
(a) Comprehensive general liability .insurance in an occurrence.forrnat in an
amount of $1,000,000 per occurrence, including the following coverages:. contractual liability,
personal injury, broad form property damage, independent contractors and premises operations.
(b). Comprehensive vehicle liability insurance on all vehicles used in connection
with. this Agreement, in an -amount of $500,000 combined single limits for bodily injuryand
property damage, per occurrence.
(c) Workers' Compensation insurance in accordance with the provisions of the
Workers' Compensation Act of the State of California for.all Westwell', contractor's and any
su.bcbn'tractor's employees engaged in connection with this Agreement.
(d) Westwell ,and. Contractor agrees to. provide KSL with certificates of
insurance evidencing the policies listed above upon execution of this Agreemeni as a condition
to� commencing any of the activities contemp]ated by this Agreement.
(e) Westwell, Contractor and any subcontractors shall provide to KSL copies.
of :their current business license(s) and contractor's license(s).prior to commencement. of any
activities on the Premises by .Contractor..
7. MNTENANCF.. (a) The activities involved in maintaining the golf course
landscaping include, but are riot limited to, mowing, weed eating,. clipping-dethatching, aerifying,.
fertilizing, oveiseeciing, and irrigation (the "Maintenance"): KSL and Westwell agree,. that .due
to the close proximity of the pool to the golf course landscaping, the pool, its filtration' system.
and related improvements may 'be impacted by the Maintenance of the golf course. .Westwell
hereby declares and agrees that Westwell, its. successors or.assigns; shall have sole responsibility
for the maintenance, repair -and replacement.of the pool, the:pool filtration system andrelated
citrus lw owell.agns legal04eily' April:0. 1995
MAY-01-95 MON 09:00 K LANDMARK CORP.
Mr. & Mrs. Westwell
McIntyre Pools & Spas
Page -S
FAX NO. 61,95644880
0
P. 06
improvements located on the Westwell Property. Westwell, for itself, its successors and assigns,
hereby waives any claim for personal injury or property damage arising out of such Maintenance.
(b) Westwell hereby declares and agrees that KSL, its successors and. assigns,
shall have sole right and responsibility .for the selection, location and maintenance of'.golf course
landscape components ' which include, but are not limited to, plants, shrubs, trees, and turf.
Westwell,. its successors or assigns, shall not have. any rights with regard to the selection, location,
or maintenance of golf course landscape components. Westwell further declares and agrees that.
by locating the Construction Project within the setback area, roots from landscape. -components
could- invade the Construction Project. Westwell, for itself, its successors and assigns hereby
waives any claim for personal injury or property damage arising out of such landscape
components.
(c) Westwell agrees to make appropriate written disclosures of the above
impacts to all purchasers of the Westwell Property.
(d) The obligations of Westwell set forth in this Paragraph..shall survive the
expiration or other termination of this Agreement.
8, T:NDEMNITY. Westwell shall reimburse, indemnify and hold KSL, its subsidiaries
and affiliates, successors and assigns, any subsequent ' owner of the Citrus . Course, and the
respective officers, directors, agents and employees of the foregoing entities, free, clear and
harmless from any and all demands, ' claims, causes of action, damages, liabilities, liens, losses,
costs, charges, penalties, obligations, judgments, fines and expenses (including, without limitation,
attorneys' fees) of any kind whatsoever, in connection with,. arising out of only reasoxi of (i)
any breach, .violation or nonperformance by Westwell, its agents, servants, , employees, .
subcontractors or ' invitees, of any covenant or provisions of this Agreement or any law,
ordinance, rule, regulation .or order or by reason of any damage, harm or loss caused by .
Westwell' activities under this Agreement and (ii) any losses or damages that arise. out Of'.or in.
connection with the Maintenance of the Citrus Course and any other property oarned by KSL
or its affiliates, including without limitation the provisions set forth in Paragraph 7 hereof'and
any claim of lateral support than may be asserted by Westwell or any subsequent owners of the`
Westwell Property.
9.. RECORDING. (a) Westwell . hereby agrees. and declares that the Westwell
Property shall be held and conveyed subject to the terms, conditions, covenants . and restrictions
contained in this Agreement. These conditions, covenants and restrictions shall run with the
Westwell Property and shall be binding upon all parties having or acquiring any right. or title in
the Westwell Property or any part thereof, and shall inure to each successor owner.
(b) A document entitled "Memorandum of Pool Setback Exception Agreement,"
a copy of which is attached hereto as Exhibit $ and incorporated herein by reverence, shall be.
recorded with the Riverside County Recorders office.
citrurlwesiwcll.�ixm April24. 1495
legallptaperry
,MAY-01-95 MON 09:01 K S L LANDMARK CORP. FAX NO. 6195644880 P.07
Mr. & Mrs...Westwell
McIntyre Pools 8 Spas
Page 6
10.. REPRESENTATIONS AND WARRANTIE . Westwel.l represents and warrants
to KSL that .Westwell has the capacity and authority to consummate this Agreement.
11. MISCELLANEOUS. (a) Except as herein otherwise provided, no amendment,
alteration, modification of or addition to this Agreement shall be valid or binding unless
expressed in writing and signed by the parry or parties to be bound thereby.
(b) This Agreement shall be governed by acid interpreted in accordance with
the laws of the State of California.
(c). ' This Agreement contains the entire Agreement and understanding between
the parties and there are no terms, covenants or conditions which exist other than - those
contained herein.
{d) If any party hereto shall bring any suit or action against another for relief,
declaratory. or otherwise, arising out of this Agreement, the prevailing party shall have and record
against the other, party,, in 'addition to all court costs and disbursements, such sum as the Court
inav adjudge to be reasonable attorneys' fees.
(e) This Agreement may be executed in one or more separate counterparts, each
of which, R,hen so'executed, shall be deemed to be an original. Such counterparts shall, together,
constitute and.be one and the same instrument.
Please review this Agreement to ensure that the terms accuratelyreflect our agreement;
If this.Agreement is acceptable to you, indicate your acceptance by signing both copies of this
Agreement in the space provided below and by signing with the proper , notarization
acknowledgment the Memorandum of Pool Setback Exception" Agreement. Return both
execution originals of tliis Agreement and the execution original of the Memorandum of. Pool
Setback Exception Agreement to .us, including deposit check. pursuant to Section 5. and
certificate(s) of insurance. as detailed in Section b. A countersigned original of this.Agreemerit
will be returned to'ou for your file.
Very truly yours,
KSL LA QUINTA CORPORATION
Larry E. Lichliter
Executive Vice President
citrus lwestwell,sgm April24, 1995
legallproperry
MAY-01-95 MON 09:02 K1 LANDMARK CORP. FAX NO. 6195644880 P.08.
Mr. & Mrs: Weshvell
McIntyre Pools & Spas
Page 7
ACKNOWLEDGED AND 'ACCEPTED'
this ��?r �,o Zei , 1995.
By:
Gilbert R. Westwell Lee A. Westwell
ACKNOWLEDGED A • .-4<' -D ACCEPTED
this.-26' day 'd )1995.
By:
MCINTYRE POOLS &.SPA
MAY-01-95.MON 09:02 K S L LANDMARK CORP. FAX NO. 6195644880 P,09
Mr. & Mrs. Westwell
McIntyre. Pools .& Spas
Page 7
EXLUBIT A
(attached to and forming a part of the
Pool Setback Exception Agreement by and between
KSL La' Quinta Corporation, and
Gilbert R. Westwell and Lee A. Westwell, and
McIntyre Pools. &. Spas
The Westwell Property legal description is:
LOT 28 OF TRACT NO.,.24890-2, AS.SHOWN . BY MAP ON FILE IN BOOK 244
PAGES- 92 THROUGH 100 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA,
and more commonly known as 79-555 Mandarina, La Quinta, California 92253.
ritn1SiWes1we11.4WM
legoll f—penv
MAY-01-95 MON 09:03 K L LANDMARK CORP.
FAX NO. 6195644880 P. 10
RECORDING REQUESTED BY
and WHEN RECORDED MAIL .TO:
KSL La Quinta. Corporation
Attn::Legal. Department
.56140 PGA Blvd.
I,a Quinta, CA 92253
APN: 769-490-009
Memorandum of Pool Setback Exception Agreement
NOTICE IS HEREBY GIVEN of than certain Pool Setback. Exception Agreement 'dated
1995 (the "Agreement"), by and between KSL LA QUINTA CORPORATION
("KSL"), a Delaware corporation, and GILBERT R. WESTWELL and LEE A. WESTWELL, their
successors and assigns ("Property Owner").
. The real property, legally described as:
LOT 28 OF TRACT NO 24890-2, AS SHOWN BY MAP ON FILE IN BOOK. 244 PAGES 92
THROUGH 100 OF MAPS, RECORDS OF RIVERSIDE. COUNTY, CALIFORNIA
(the "Property"), and more commonly known as 79-555 Mandarins located in the City of La Quints,
County of Riverside, State of California, shall be held and conveyed subject to'the'terms, conditions,
restrictions and covenants contained. therein including, but. not limited to the following: -
Pro
(A) perty.Owner agrees that the acti;>ities involved in maintaining the golf course landscaping
include, btu are not limited co, mowing, weed eating, clipping; dethatching,. aerifving, fertilizing;.
overseeding, and irrigation (the "Maintenance"), and due to the close proximity of the pool to the golf
course landscaping, the pool, its filtration. system and related improvements: may be impacted by the
Maintenance of the gglf course; and Property.Owner declares and agrees that Property Owner, its
successors or .assigns, -shall, nevertheless, have sole responsibility, at .their sole expense,. for the
maintenance, repair and replacement of the pool, the pool filtration system and - related improvements
on the Property.
A Property Owiier hereby declares and agrees that KSL, its successors •and assigns, shall have sole
right and responsibility for. the selection, location and mainte' ance of golf course landscape
components which include, but are. not limited to, plants, shrubs} trees, and turf. Property Owner,
its* successors or assigns, shall not have any rights with :regard'to- the selection., location, or
maintenance. of golf course landscape components.
(C) ' Property, Owner; its successors or assigns; shall release, indemiiify and: hold KSL, its
subsidiaries and affiliates, and any successor owner of the Citrus Course, and their officers, directors,
agents and employees free, clear and harmless from any and all`demands, claims,. causes.of action,
damages, liabilities; liens, losses, costs, charges, penalties; obligations, judgments, fines and.expenses
(including; without limitation, attorneys' fees) of any kind whatsoever, as more particularly.set:.forth
in the Agreement.
Crt�uslwestwcll.ugm .4prit..24, 1995
legotiproperq EXHIBIT
MAY v01-95 MON 09 : 04 K ,S L LANDMARK CORP. FAX NO. 6195644880 P. 11
'The terms, conditions, restrictions' and covenants contained in the.-Pb'
ol Setback Exception
Agreement shall run with the Property and be binding upon'all parties having or acquiring any: right
or title. in the property or any part thereof.
By:
Gilbert . Westwell
'Lee A. Westwell
ALL PURPOSE ACKNOWUDGMENT
CAPACITY CLAIMED BY SIGNER
Individual(s)
s`ma OF CALIFORNIA ) .
_ Corporate
)SS
COUNTY OF .Q/'7 V �7f)
Officer(s)
Paruter•(s)
On _09-A3- - , 1995, before mc, A.411. '41 ,f �,,��,
Attorney —in —tact
_ Trustee(s)
notary public, personally arpeared. �'�;,(.G�. R'. c„ ;•s/.*,a i/
Subscribing witness
personally
known Guardi:uuconservator
to me Wor proved to me on the basis -of satisfactory evidence
_
Utheri.
to be the person} whose oam4 isfarCsubscribcd to the within
_
instrument and acsnowledged io me that. h hske% executed
the same in Si"cr/ trey authorized ;:apacity(ieA, and that by
SIGNER IS REPRESENTING:
hirAer/thasiguature(oon the instniment the pers'oniV,,
or the entity upon behalf of which the. person(s) -acted,
executed this instniment.
*ITNE S MY BAND AND OFFICLLL SFAL:
core — Cor;ro,n,a
�yCOJnnt. Ex E COUNIy
• �s OEC 2�. Iva,},,�
Optiunal: 'Citle or Tvpe of Document: �NumE'r of ?ages: Z
Date of Document: signer(s) Other 'Phan Named Above:
cihurlwernoefl.agwr
legEXHIBIT--L-..
Ap►i124, 1995' 'lproF. errry