ORD 457 DA Eden Rock at PGA West - Crowne Pointe Partners, LLCORDINANCE NO. 457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF LA QUINTA AND CROWNE POINTE
PARTNERS, LLC.
DEVELOPMENT AGREEMENT 2006-011
EDEN ROCK AT PGA WEST
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement Law") authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public
planning process, encouraging private participation and comprehensive planning,
and identifying the economic costs of such development; and
WHEREAS, the Planning Commission of the City of La Quinta did, on
the 8`" day of January, 2008, hold a duly noticed Public Hearing to consider
Development Agreement 2006-011, and did in fact adopt Planning Commission
Resolution 2008-006, recommending its approval to the City Council; and,
WHEREAS, the City Council of the City of La Quinta, California ("City
Council"), did on the 15L day of April, 2008, hold a duly noticed public hearing to
consider Development Agreement 2006-01 1; and,
WHEREAS, at said City Council Public Hearing, (continued to April 15,
20081, said City Council heard and considered all testimony and arguments, if any,
of all interested persons wanting to be heard;
WHEREAS, on May 20, 2008, this Ordinance was reintroduced
pursuant to the direction of the City Council, with Rental Tracking System and
Rental Management Program requirements of the Development Agreement deleted;
WHEREAS, the City Council makes the following mandatory findings
to justify approving the Development Agreement:
The proposed Development Agreement is consistent with the objectives,
policies, general land uses and programs of the City of La Quinta General
Plan, and the Conditions of Approval for the Eden Rock at PGA West project
under Specific Plan Amendment 83-002, Amendment No. 6, Tentative Tract
33226; and Site Development Permit 2006-852, as approved and adopted
under La Quinta Planning Commission Resolutions 2008-003, 2008-004 and
Ordinance No. 457
Development Agreement 2006-07'1
Crowne Pointe Partners, LLC
Adopted: Juna 2, 2008
Page 2
2008-005, respectively. The applications to be implemented in conjunction
with Development Agreement 2006-011, will not be developed in any
manner inconsistent with the General Plan land use designation of Resort
Mixed Use and other current City standards when considering the conditions
as imposed, and the requirements of the Development Agreement. General
Plan Amendment 2006-107, Zone Change 2006-127 and applicable Specific
Plan 83-002, Amendment No. 6, designate the project site within the PGA
West Specific Plan as Resort Mixed Use under the General Plan, and Tourist
Commercial, with a Residential Specific Plan overlay under the Zoning Code.
These designations permit the proposed 264-unit condominium/townhome
project as a residential use with resort amenities. Use of this overlay is
appropriate, in conjunction with the Specific Plan amendment, to facilitate
the residential project proposed and the integration of a residential land use
component into the existing Tourist Commercial zoning as set forth in the
Specific Plan. Further, residential use of the site is permitted with approval
of Development Agreement 2006-011, that ensures a funding mechanism to
be in place, to financially offset the conversion of the original hotel/resort
site to a residential use.
2. The land use authorized and regulations prescribed for the Development
Agreement are compatible with the zoning and its related regulations now
applicable to the property. The site is now zoned Tourist
Commercial/Residential Specific Plan Overlay, and regulations as stipulated
for said zoning ensures that residential use of the site will only be permitted
with approval of a Development Agreement that ensures a funding
mechanism to be in place, through certain mitigation payments, to financially
offset the conversion of the original hotel/resort site to residential use.
3. The proposed Development Agreement is in conformity with the public
necessity, convenience, general welfare and good land use practice. The
Development Agreement will allow development of residential uses at
varying residential densities, and ensure provision of a desirable and
functional community environment and effective and efficient development
of public facilities, infrastructure, and services appropriate for the
development of the Project. It will also ensure compensation for costs of
potential additional public services that the project will generate, and added
wear and tear on the municipal infrastructure which will result from the
project, which costs would have been recovered if the site were developed
as currently entitled, fora 1,000-room resort hotel, conference center and
Ordinance No. 457
Development Agreement 2006-011
Crowns Pointe Partners, LLC
Adopted: June 2, 2008
Page 3
100,000 square feet of resort retail. The Development Agreement contains
provisions to ensure this compensation through certain mitigation payments,
which is intended to financially offset the conversion of the original
hotel/resort site to residential.
4. Approval of this proposed Development Agreement will not be detrimental to
the public health, safety and general welfare. All immediately surrounding
property is zoned for residential or golf course use development.
Development of the site as a residential use, while at a higher density than
the residential properties surrounding the site, will not significantly impact
quality of life for area residents. The project application fora 264-unit
residential condominium/townhome development of one and two-story
structures, is determined not to be a detriment to the community, in light of
the currently approved entitlements, which could allow fora 1,000-room
hotel of six stories, conference center and 100,000 square feet of resort
retail use for the site.
5. Approval of this proposed Development Agreement will not affect the orderly
development of property or the preservation of property values.
Development of the subject site, pursuant to project application and this
Development Agreement, will enhance property values for other surrounding
area properties, as it facilitates development of a high-quality residential
complex with a resort emphasis, without the negative compound traffic and
other impacts associated with the site as currently entitled, fora 1,000-room
resort hotel, conference center and 100,000 square feet of resort retail.
6. Approval of this proposed Development Agreement will have a positive fiscal
impact on the City, in that implementation of the Development Agreement
will produce revenues through certain mitigation payments associated with
the loss of transient occupancy taxes due to the proposed residential use of
the site, in lieu of current land use entitlements as previously approved for a
1,000-room resort hotel, conference center and 100,000 square feet of
resort retail. These mitigation payments will ensure compensation for costs
of potential additional public services that the project will generate, and
added wear and tear on the municipal infrastructure which will result from
the project.
Ordinance No. 457
Development Agreement 2006-01'1
Crowne Pointe Partners, LLC
Adopted: June 2, 2008
Page 4
7. Consideration of this 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 governs
Development Agreements.
WHEREAS, all actions required to be taken by the City precedent to
the adoption of this Ordinance have been regularly and duly taken.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California that it does ordain as follows:
SECTION 1. APPROVAL. The City Council hereby approves and adopts the
Development Agreement attached as Exhibit "A" in the form presented to the City
Council concurrent with the approval and adoption of this Ordinance, and
authorizes and directs the City Manager to sign the Development Agreement on
behalf of the City, and the City Clerk to record the Development Agreement in the
Official Records of Riverside County in accordance with applicable law.
SECTION 2. ENVIRONMENTAL. The environmental determination for the
Eden Rock Project at PGA West, as evidenced by City Council certification of a
Subsequent Environmental Impact Report (SCH #2007061056) prepared pursuant
to the California Environmental Quality Act, was confirmed and adopted by the City
Council, on April 15, 2008. Said determination, along with the City Council
approval of the Eden Rock at PGA West Project applications on April 15, 2008,
extends to include this Development Agreement, based on its incorporation as part
of the overall project, as defined under CEQA.
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 an adjourned meeting of the
La Quinta City Council held on this 2`d day of June, 2008, by the following vote:
Ordinance No. 457
Development Agreement 2006-011
Crowns Pointe Partners, LLC
Adopted: June 2, 2008
Page 5
AYES: Council Members Henderson, Kirk, Sniff, Mayor Pro Tem Osborne
NOES: None
ABSENT: Mayor Adolph
ABSTAIN: None
J~ M. O~BORNE, Mayor Pro Tem
City of La Quinta, California
ATTEST:
VERONICA J~/t'ONTECENO,
City of La Inta, California
APPROVED AS TO FORM:
City Clerk
. I' ATHE INE JEN ,City Attorney
City of La Quinta, Ca ifornia
Ordinance No. 457
Development Agreement 2006-011
Crowns Pointe Partners, LLC
Adopted: June 2, 2008
Pegs 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA -
I, VERONICA MONTECINO, 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.
457 which was introduced at a regular meeting on the 15`h day of April, 2008, and
reintroduced at the regular meeting of May 20, 2008, and was adopted at an
adjourned meeting held on the 2rd day of June, 2008, not being less than five days
after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of Lys Quinta as specified in City Council Resolution No. 2006-1 15.
VERONICA I~bNTECINO, AMC, City Clerk
City of La ~/uinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on ~~p `,3 ~~'
pursuant to Council Resolution.
VERONICA ONTECINO, CMC, ity Clerk
City of La Quinta, California
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
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798896.12 a05/12.08
DOC # 2008-0509913
09/18/2008 08:00A Fee:NC
Page 1 of 78
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk 8 Recorder
I I�IIII IIIIIII III IIIII �II�II II�III III�I III �IIII III III I
S R I U PAGE SIZE DA IMISCILONGI RFDj COPY
M I A I L 1 465 1 426 PCOR NCOR SMF CH % exnaa
T: CUNI `-'TY D
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 27383)
053
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF LA QUINTA ("CITY")
AND
CROWNE POINTE PARTNERS, LLC ("DEVELOPER")
TABLE OF CONTENTS
lJD
GENERAL---.--_-~.-~-~._..~..~_,~~.,.-,_._.~.~
l'l
Iezm�---_.--' -- --~~-~~~-~^^--~-�
1.2
3
Effective Date
l'3
.--.--_---...-~~~_~'_..~-'..~_.'---'---'^-~~^-^^'
�uocodo�cn�mz�anucl��mo..~.--~.-.~..-~...~.._.—~^^^^-^~`^-~^'-~'3
1.4
^3
..........
3
2.0DEVELOPER'S
RIGHTS AND LIMITATIONS REGARDING
CONSTRUCTION OFTHE PROJECT
2'1
........... ]
Right to Develop -.----------------'-~--.
2.2
--^'~-'~~~~~^-~�
~ --_='----_--.-~~-----~-~.^.---...------'.
23
5
Additional Applicable Codes and Regulations
���m -.....................................................�
�-,_ _'�---' _---~-~..~..-_..-_~~_~...~~.`
2.5
Permitted Density, and Use Lioz�o�mna-...-..~^-.'~-~'-~'~-- ^-^^-6
2.6
Limitation on Future I�:o1���non
................................................."
��-� --�-'-�'~~^~.-----~----~--^^--^---'---'-~--.--d
].O
8 --------~``~'
3.1
7
Conditions of Approval '---~..--^----.-..--^..--~~----'--~-~-~^''
3.2
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3.3
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3'4
Dedications andImprovements_-_-.---..~..~......~.--^^-^~^-~^^' Q
3'5
of Fa�8h�enf ��cnxnr�n--.--.---.`^^^^^-^'^^~-^--'�^
3.6
- ' ----^--^--^
Indemnification
.........................................................
4`0
C%TY^8PROCESSING AND APPROVALS
4`1
___,,.^,,,,_,,__, . lO
�r�nenf -~^'~~-~^-^'-
---,- ouuuuRuuo��mvu:�Y��ooJ�zow�iounf
4.2
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4�
Revie9vfor Co�� --^~-~^~-~--lU
r-~~~~'-~^-----------^`-_-.---..-......-..11
50 .
DEFAULT; REMEDIES; DISPUTE RESOLUTION
5.1
'---~-^~'----' ll
%�ot�emfI�efbo]� --------'
5.2
_______,______.___,_____,,,_ ll
Cure ofI�efao}� ---------
5.3
^----------'----------'----- ll
[�vI��o�dico. . -------~----
--'-----'---'-------------~-^-
5/4
' 12
o��olou��%��zn�dico ----~'~^~^--'
-'`-
''-'-----'------------~-'...--..l2
6.0
MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE
6.1
o ooUz� �ro��ot8dc -'--^^-^^-~^-' 12
_______ ___,
8��
.__,,_~___.___,,_.~...~~ 12
��.~_=_ �z�t�odno. ' -^-~'~--'
6`3
____._,_______,,_,,._~~~__ 13
I�o1 ^^'-~-'-~-^^-
���`�`�- -~^~~~'-^-^^'^^-'-~^--................................................l3
6'4
-~~��a°°
I�nboemfI�etaolttm ��`��o� tn
m�u���u��c Cure
--�-' ........................... l3
?.O
___ ���I�JIB��8T�� SITE �f�
7'1
�._,__, 14
Successors and ��a Assigns �� --^~'^^-`~---
--~ '~--^-'------^-^^-''
7��
' 14
Sales iuI�ozozol Course of Business ' ----^~---~---'
m2/015610-DO96
Page
7.3 Assignment by City............................................................................................14
8.0 MISCELLANEOUS.................................................................. .....................................14
8.1 Notices..........................................................................................................14
8.2 Force Majeure......................................................... ..............15
..............................
8.3 Binding Effect ........................................ ..................16
...........................................
8.4 Independent Entity.............................................................. ................................16
8.5 Agreement Not to Benefit Third Parties.............................................................16
8.6 Covenants .................
8.7 Nonliahility of City Officers and Employees....................................16
..................
8.8 Covenant Against Discrimination ..................................... ......17
...........................
8.9 Amendment of Agreement.................................................................................17
8.10 No Waiver................................................................... ..17
......................................
8.11 Severability.............................................................
8.12 Cooperation in Carrying Out Agreement ................................................... ........18
8.13 Estoppel Certificate....................................................
8.14 Construction........................................................................................................18
8.15 Recordation.........................................................................................................18
8.16 Captions and References ........................................... ..........1 g
...............................
8.17 Time....................................................................................................................18
8.18 Recitals & Exhibits Incorporated; Entire Agreement.........................................19
8.19 Exhibits...............................................................................................................19
8.20 Counterpart Signature Pages ...................................... ............19
8.21 Authority to Execute; Representations and Warranties..................................... 19
8.22 City Approvals and Actions .....................................
8.23 Governing Law; Litigation Matters.............................................................. 19
8.24 No Brokers............................................................................................... ..... 20
EXHIBITS
A LEGAL DESCRIPTION OF SITE
B MITIGATION MONITORING PROGRAM
C CITY DECLARATION OF CC&RS
D COMPLIANCE CERTIFICATE
E ASSIGNMENT AND ASSUMPTION AGREEMENT
'82/015610-0096
798896.12 a05/12.08 —11—
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of the /day of
f' 2008 {"Reference Date"), by and between the CITY OF LA QUINTA, a
C ornia municipal corporation and charter city organized and existing under the Constitution
of the State of California (the "City"), and CROWNE POINTE PARTNERS, LLC, an Oregon
Limited liability company (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 or concurrently with the execution of this Agreement, the City Council (i)
approved the PGA West Specific Plan, also known as Specific Plan 83-002. on May 15, 1984, by
City Council Resolution No. 84-31, and all subsequent amendments thereto, including, without
limitation, Specific Plan 83-002, Amendment #6, approved by City Council Resolution No.
2008-26, on April 15, 2008 (collectively, the "Specific Plan"); (ii) certified an Environmental
Impact Report prepared for the Specific Plan, on May 1, 1984, by City Council Resolution No.
84-28, and all subsequent amendments thereto, including, without limitation, the Subsequent
Environmental Impact Report (SCH No. 2007061056), certified by the City Council on April 15,
2008, by City Council Resolution No. 2008-24 (collectively, the "EIR"); (iii) approved General
Plan Amendment 2006-107, on April 15, 2008, by City Council Resolution No. 2008-25 ("GPA
Amendment 2006-107"); (iv) approved Zone Change 2006-127, on April 15, 2008, by Ordinance
No. 456 ("Zone Change 2006-127"); (v) approved Tentative Map 33226, on April 15, 2008, by
City Council Resolution No. 2008-27 ("TTM 33226"); and (vi) approved Site Development
Permit 2006-852, on April 15, 2008, by City Council Resolution No. 2008-28 ("SDP 2006-
852").
D. Developer owns the 41.95 acre parcel ("Site") which is legally described in
Exhibit "A" attached hereto, and on which Developer wishes to develop a resort consisting of
approximately two hundred sixty-four (264) resort units, as further described herein (the
"Prof ect").
E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and
Developer desire to enter into a minding agreement for purposes of (i) setting forth a requirement
that the Developer pay to the City a per -unit up front payment that the parties agree is 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,
982/015610-0096
798896.12 a05/12.08 _ 1 _
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 Project
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 Project, 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) obligating the Developer to enter into and record, against the Site, a "City
Declaration of CC&Rs" (as that term is defined in Section 3.2.1 below) that sets forth certain
requirements of the owners of the "Units" (as that term is defined in Section 2.2 below) to pay to
the City a transfer payment upon the transfer of their Unit for purposes of compensating the City
for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta
Municipal Code; and (iii) granting Developer a vested right to develop the Site according to (a)
the Specific Plan, (b) the EIR, (c) GPA Amendment 2006-107, (d) Zone Change 2006-127, (e)
TTM 33226, (f) SDP 2006-852, (g) any future Site Development Permits issued for the Project,
(h) any subsequent parcel or subdivision maps to be recorded on the Site, (i) any other approvals
and permits issued for the Project, and 0) the conditions of approval associated with each and all
of the foregoing approvals (collectively, the "Conditions of Approval"). The documents,
permits, approvals, and conditions described in the foregoing clauses (a)-O) are collectively
referred to herein as the "Development Plan," and are, or when approved or issued shall be, on
file with the City Clerk.
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 Planning Commission and the City Council have 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 June 2, 2008, the City Council adopted its Ordinance No. 457 approving this
Agreement.
8821015610-0096
798896.12 a05/12.08 -2-
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 �� f �� ("Effective Date").
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, and shall have no effect on the obligations imposed under the City
Declaration of CC&Rs.
2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF
THE PROJECT.
2.1 Right if 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) shall be deemed vested upon the Effective Date of this Agreement, save and except
that any additional rights that would be created by subsequent, implementing approvals, such as
site development permits, would not vest until the approval of such implementing approvals,
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
882/015610-0096
798896.12 a05/12.08 -3-
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 recorded City Declaration of
CC&Rs shall survive the termination of this Agreement, and except to the extent expressly
specified otherwise in this Agreement, 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, including, without limitation,
Section 9.140.080 of the La Quinta Municipal Code (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") that are enacted or adopted on a City-wide basis;
provided, however, that the City may enact or adopt New Laws which are not enacted or adopted
on a City-wide basis if such New Laws are 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 Ioss of access to funding or other
resources);
(iii) all subsequent development approvals and the conditions of approval
associated therewith, if any;
(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.
Notwithstanding anything herein to the contrary, the City may initiate and/or approve
amendments to the Specific Plan without obtaining the consent of Developer, so long as they do
not include any portion of the Site.
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2.2 Project Components.
2.2.1 The Project shall consist of two hundred sixty-four (264) resort units
(each, a "Unit" and collectively, the "Units") and related amenities. The Units shall be
constructed as follows:
(i) Approximately one Hundred Two (102) of the Units (the "Village
Homes") shall be constructed in seventeen (17) structures containing six (6) Units each.
Each of the Village Homes shall be condominiums.
(ii) Approximately eighty-three (83) of the Units (the "Courtyard
Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty-
eight (48) two-story duplex structures.
(iii) Approximately seventy-nine (79) of the Units shall be constructed
in twenty-five (25) two-story triplex structures, with each such structure containing two
(2) ground floor Units and one (1) upper floor Unit; and two (2) one-story duplex
structures. Each of the Manor Homes shall be condominiums.
2.2.2 Notwithstanding the mix of Units described in clauses (i), (ii) and (iii)
above, and subject to the remainder of this paragraph, Developer shall be permitted to
change the mix of Units, subject to (i) an administrative approval by the City Planning
Director, which approval shall not be unreasonably withheld, conditioned or delayed, and
(ii) if determined necessary by the City Planning Director, approval by the Planning
Commission and City Council of amendments to SDP 2006-852 and TTM 33226. The
decision of the City Planning Director shall be subject to appeal to the Planning
Commission, and subsequently to the City Council, at the Developer's election.
Notwithstanding any of the forgoing, nothing in this Section 2.2.2 shall be construed to
permit Developer to exceed a total of two hundred sixty-four (264) Units without further
environmental review under CEQA, as well as Planning Commission and City Council
approval.
2.3 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:
2.3.1 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, so long as they are applied to the Project in a
nondiscriminatory manner.
2.3.2 In the event of fire or other casualty requiring reconstruction 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
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adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the
extent applicable to all development projects in the City.
2.3.3 This Agreement shall not prevent the City from establishing any new
City fees, including new development impact fees, or increasing any existing City fees,
including existing development impact fees, including, but not limited to the mitigation
payments described in and required pw°suant to the City Declaration of CC&Rs and to
apply such new or increased fees to the Project or applicable portion thereof where such
new or increased fees may be charged; provided, however, that nothing in this Agreement
shall permit the City to increase the amount of the mitigation payments described in and
required pursuant to the City Declaration of CC&Rs, except as expressly provided
therein.
2.4 Developer Impact Fees,
For purposes of calculating required Developer Impact Fees, all Units in the Project shall
be deemed to be, and shall pay fees as, residential units.
2.5 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.
2.6 Limitation on Future Develo ment Restrictions.
Except as otherwise expressly permitted by the terms of this Agreement, City shall not
impose on the Project (whether by action of the City Council, Planning Commission, or City
Staff, or by initiative, referendum or other means), any change in the applicable zoning, land use
designation, or permitted uses under the Development Plan that would reduce the density or
intensity of development of the Project, or that would otherwise require any reduction in the total
number of Units, square footage, floor area ratio, or height of buildings.
2.7 Timiniv of Development.
Developer is not obligated by the terms of this Agreement to affurnatively act to develop
all or any portion of the Site, dedicate'any land, or to otherwise meet or perform any obligation
with respect to the City, except and only as a condition of development of any portion of the Site.
The development schedule for the buiidout of the Project shall be that solely established by
Developer, consistent with the terms of this Agreement and the Development Plan; provided,
however, that the phasing plan for the Project shall be as established in TTM 33226 and SDP
2006-852.
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3.0 DEVELOPER'S OBLIGATIONS
3.1 Conditions of Approval.
The Developer shall comply with the Conditions of Approval, which include and
incorporate the mitigation measures specified in the Subsequent Environmental Impact Report
for the Project (the "SEW) so that significant environmental effects will be mitigated or
avoided. The Developer shall also comply with the mitigation monitoring program associated
with the SEIR, as set forth in Exhibit "B" attached hereto (the "Mitigation Monitoring
Program"). Developer acknowledges that additional conditions of approval beyond the
Conditions of Approval 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 City Declaration of CC&Rs.
Prior to, and as a condition of the City's issuance of any building permit for the Project,
Developer shall have entered into with the City and recorded against the Site a Declaration of
Covenants, Conditions and Restrictions in the form attached hereto and incorporated herein as
Exhibit "C" (a "City Declaration of CC&Rs"), the covenants of which shall bind the Site and
each and every Unit developed thereon in perpetuity and shall survive the termination of this
Agreement.
3.2.2 Recordation of Developer's CC&Rs.
Prior to, and as a condition of, the City's issuance of a fine grading permit for the first
Unit in the Project, the Developer shall submit to the City, and shall, prior to, and as a condition
of, the City's issuance of a temporary or final certificate of occupancy for the first Unit in the
Project, obtain City's approval of, and record against the Site, a declaration of covenants,
conditions, and restrictions (the "Developer CC&Rs") that (i) provides for the establishment of a
homeowners' association (the "HOA"), (ii) is necessary to create a condominium regime for the
Village Homes, Courtyard Homes, and Manor Homes, as described on the Condominium Plan to
be recorded in accordance with all applicable laws; and (iii) discloses to the owners of the Units
the requirement in the City Declaration of CC&Rs that the owners pay to the City a transfer
payment upon sale, transfer, or conveyance of their Unit. The Developer CC&Rs shall provide
that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce
the terms thereof which are required hereby, and shall require the written approval of the City
prior to any amendments thereto to any of the provisions which are required hereby, which
approval shall not be unreasonably withheld or delayed. If the California Department of Real
Estate CORE") 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.
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3.3 Payments to City by Developer_
3.3.1 General.
During the Term of this Agreement, Developer 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.
3.3.2 Develo er's Pa eats of One -Time "W ation Payments.
Developer shall pay to the City, for each Unit in the Project, with such payment
due upon the first close of escrow for each such Unit, three quarters of one percent (.75%) of
Developer's actual and full sales price for the Unit, inclusive of all Developer -installed options
and upgrades, with the amount of such sales price verified by the City.
At the time Developer submits any of the foregoing payments to the City, Developer
shall include therewith a copy of the final HUD Settlement Statement prepared by the escrow
officer handling the closing for such Unit, for purposes of City's verification of the required
payment amount.
3.3.3 Other Fees azzd Gharges- Assessment Appeals.
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, however, that subject to the following two sentences, 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 agrees on behalf of
itself and on behalf of all persons or entities that may own an interest in the Site or the Units in
the future that no action shall be taken, including any assessment appeal, to decrease the assessed
value of any of the Site or any portion thereof below the final assessed value at the time the
development of the Site or separate Parcel thereof is completed. Developer agrees on behalf of
itself, and on behalf of all persons or entities that may own an interest in the Site or the Units in
the future that during the term hereof no action shall be taken to challenge, cancel, reduce, or
otherwise negate the payments required to be made to the City pursuant to the City Declaration
of CC&Rs. 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.
3.3.4 Develo er's Grant Deed.
Prior to, and as a condition of, the City's issuance of a certificate of occupancy for any
Unit in the Project, Developer shall provide to City a copy of the form of grant deed Developer
intends to use in connection with the sale of Units to third party purchasers (the "Developer's
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Form of Grant Deed"). The Developer's Form of Grant Deed shall contain a reference to
Section 1.3 of the City Declaration of CC&Rs and shall recite the terms thereof. Upon City's
review of Developer's Form of Grant Deed, and confirmation that Developer's Form of Grant
Deed complies with the requirements of this Section 3.3.4, Developer shall not any make
changes thereto that revise, directly or indirectly, the language required hereby, without
obtaining the City's prior written consent.
At the time Developer submits any of the payments required by Section 3.3.2 above to
the City, Developer shall include therewith a copy of the grant deed recorded at the closing for
which payment is being submitted.
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 Payment of Fair Share of Mitigation Measures.
Pursuant to Section 11.6 of the Mitigation Monitoring Program, Developer shall pay to
the City the Project's fair share of the cost to construct certain intersection improvements
identified in mitigation measures 11.0-3 and 11.04, including right-of-way acquisition
(collectively, the "Fair Share Improvements"). Prior to the recordation of the final map for Tract
No. 33226, Developer's engineer shall prepare and submit to the City's Public Works Director
for approval thereof a cost estimate for the Fair Share Improvements (the "Cost Estimate").
Prior to and as a condition of the City's issuance of the first building permit for the Project,
Developer shall deposit with the City the fair share contribution of the Project, as set forth in
Table 11.0-12 of the Mitigation Monitoring Program and based upon the Cost Estimate;
provided, however, that if more than one (1) year has passed since Developer's submittal of the
Cost Estimate, then the amount required to be deposited with the City shall be adjusted pursuant
to the construction cost index. The amount of any such adjustment shall be earmarked to be
utilized only for the Fair Share Improvements. In the event the City determines that any of the
Fair Share Improvements are not feasible, the City may use all of the funds deposited by
Developer for the Fair Share Improvements (including any adjustment) for other improvements
which the City determines will improve the level of service ("LOS") at the intersections
identified in mitigation measures 11.0-3 and 11.0-4. In the event the City determines that the
LOS cannot feasibly be improved at such intersections by using Developer's fair share
contribution, or that only a portion of Developer's fair share payment can be used to feasibly
improve the LOS at the intersections, the Developer's fair share payment (or any unused portion
thereof) she be returned to the Developer within ninety (90) days of such determination by the
City. Developer may audit the City's use of Developer's fair share payment to determine if
Developer is owed any refund. If the Fair Share Improvements become part of the City's
Development Impact Fee after the Developer deposits the fair share payment with the City, such
payment shall be credited against any Development Impact Fee obligation for the Fair Share
Improvements.
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3.6 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 liability 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. The foregoing indemnity applies to all
deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by
reason bf 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 the insurance policies referred to in this Agreement are applicable. In the event of
litigation, the City agrees, at no cost to the City, to cooperate with the Developer. The Developer
shall have the obligation to provide the defense of the City in the litigation, either by providing
legal counsel or, at the City's option, timely paying the reasonable legal costs incurred by the
City in the defense of litigation.
(b) In the event of any court action or proceeding challenging the validity of this
Agreement or the Development Plan, the Developer shall indemnify, hold harmless, pay all costs
and provide defense for the Indemnified Parities in said action or proceeding with counsel
chosen by the City. The City shall, at no cost to the City, cooperate with the Developer in any
such defense as Developer may reasonably request. In the event the Developer fails or refuses to
provide such defense of any challenge to this Agreement or the Development Plan, or any
component thereof, City shall have the right not to defend such challenge, and to resolve such
challenge in any manner it chooses in its sole discretion, including terminating this Agreement.
In the event of such termination, Developer, upon written request of City, shall immediately
execute a termination document or other document reasonably required by a reputable title
company to remove this Agreement as a cloud on title.
4.0 CITY'S PROCESSING AND APPROVALS.
4.1 Sco e of Subserinerit 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 "D", 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
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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 Com liance.
The City shall review this Agreement, including Developer's compliance with the terms
hereof, 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 Agreement, the City, through the City's Planning 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.
5.0 DEFAULT- REMMDIES• 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) business days [or thirty (30) days for non -monetary defaults] after receipt
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of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or
remedied within five (5) business days [or thirty (30) days for non -monetary defaults], such party
shall commence to cure, correct, or remedy such default within such five (5) business day period
[or thirty (30) day period for non -monetary defaults], and shall continuously and diligently
prosecute such cure, correction or remedy to completion. For purposes of this Section 5.2,
"business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or
other locally declared holidays.
5.3 City Remedies.
In the event of a default by Developer of the terms of this Agreement that has not been
cured within the timeframe set forth in Section 5.2 above, 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. 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 and the
Development Agreement Act. In no event shall the City be entitled to exemplary or punitive
damages for any Developer default.
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 Approval,
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, including the owners of the Units, not to sue the City for damages
or monetary relief (except for attorney's fees as provided in this Agreement) 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 MORTGAGEF PROTECTION.• CERTAIN RIGHTS OF CURE.
6.1 Encumbrances on the Project 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
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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.
6.3 Mortgagee Not Obligated.
No Mortgagee shall 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 Morta ee• Right of Mort a ee to Cure.
City shall, upon written request therefor 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) business 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) business days [thirty (30)
days for non -monetary defaults], to commence to cure, correct, or remedy the default within such
five (5) business day period for thirty (30) day period for non -monetary defaults], and to
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. For purposes of this Section 6.4, "business days" shall refer to Monday through Friday,
inclusive, other than State, Federal, or other locally declared holidays.
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7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.
7.1 Successors and Assi ns.
Developer shall have the right to sell, transfer or assign the 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, without the consent of the City. Any such sale or transfer shall
require, 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 (as applicable), 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,
without any further action of the parties, 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
(c) Developer and Developer's transferee have submitted a fully executed assignment
and assumption agreement in a form set forth in Exhibit E.
7.2 Sales in Normal Course of Business
The provisions of the above Section shall not apply to the sale or lease of a 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 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 provisions in the City Declaration of CC&Rs and
the Developer CC&Rs which implement this Agreement. This release shall in no way Iimit the
duties and obligations of the Developer, and shall in no way release the Units from any of the
obligations set forth in the City Declaration of CC&Rs and the Developer CC&Rs, all of which
shall survive such release.
7.3 Assi ug�-c ent 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
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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: City Manager
Telephone: (760) 777-7100
Facsimile: (760) 777-7101
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: M. Katherine Jenson
Telephone: (714) 641-5100
Facsimile: (714) 546-9035
To Developer: Crowne Pointe Partners, LLC
1022 SW Salmon Street, Suite 450
Portland, OR 97205
Phone No.: (503) 222-7258
Facsimile No.: (503) 222-4053
Attention: Wayne C. Rembold
With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP
2815 Townsgate Road, Suite 330
Westlake Village, CA 91361
Attn: James D. Vaughn, Esq.
Telephone: (805) 446-1496
Facsimile: (805) 446-1490
Any written notice, demand or communication shall be deemed received immediately if
personally delivered or delivered by delivery service to the addresses above, 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 Majeure.
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
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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
this Agreement is contained in the instrument by which such person acquired an interest in the
Project or the Site.
8.4 Inde endent Enti
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. No joint venture is formed by this Agreement.
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 for the benefit of the City's adjoining
properties 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 Nonliabili of Ci 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 in connection to this Agreement, or
for any act or omission on the part of the City.
892/015610-0096
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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. Developer shall be required to reimburse City
for all reasonable costs City incurs in negotiating, preparing, and processing any alterations,
changes, or modifications. In connection with any request for an alteration, change or
modification, Developer shall deposit with the City the sum of Ten Thousand Dollars ($10,000).
Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser
deposit, in the event he or she determines the proposed alteration, change or modification is
minor. In the event the funds on deposit are depleted, City shall notify Developer of the same,
and Developer shall deposit with the City an additional hive Thousand Dollars ($5,000) to
complete processing of the requested alteration, change or modification. Developer shall make
additional deposits to City, as needed, pursuant to the foregoing process, until the requested
alteration, change, or modification is finalized.. Within sixty (60) days after such alteration,
change or modification is finalized, City shall reimburse the Developer any unused sums.
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 Severabilitv.
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.
882/015610.0096
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8.12 Coo ration in—Q—a—nj—in& 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 EstoRpel 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, and (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.
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
Planning 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.
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.
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8.18 Recitals & Exhibits IncoEporated,• 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" — "E" 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 Mitigation Monitoring Program
C City Declaration of CC&Rs
D Compliance Certificate
E Assignment and Assumption Agreement
8.20 Counte art Si nature Pa es.
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.
8.21 Authority to Execute- Re resentations and Warranties.
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 Ci A royals and Actions.
Whenever a reference is made in this Agreement to an action or approval to be
undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of
the City unless specifically provided otherwise or the law otherwise requires.
8.23 Governing Law: Jti ation 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
882/015610-0096
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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.
8.24 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]
882/015610-0096
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IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as
of the Reference Date.
"DEVELOPER"
CROWNE POINTE PARTNERS,
Oregon liited lity company
Its:
"CITY"
CITY OF LA QUINTA, a California municipal
7y:
io
I " rr-e-�
Thomas P. Genovese
City Manager
APPROVED AS TO FORM
;R' KER, LP
trine Jensottorney
882/015610-0096
798896.12 a05/12.08 -21—
C&"' J
STATE OF )
COUNTY O ss.
)
On W before me, Notary Public,
personally appea d proved to me
on the basis of satisfacto evidence to a the persons)) 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. `0
I certify under PENALTY OF PERJURY under the laws of the State of 6&Woz
in that
the foregoing paragraph is true and correct.
Witness my hand and official seal.
OFFI L SEAL i z '�
E jEAN OWEN Note y Public
NOTAW pUWG-OREGON
�MSBION Na. JIMI5
SE MYCOIA1AMa5ldif LIMES NiDVEMBER 29, 2008.
STATE OF CALIFORNIA )
) ss.
COUNTY OF fYe-1--51de- )
On / d', before me, ,Notary Public,
personally appea d f, d»�� s ,C proved tome
on the basis of satisfactory evidence to be the person(s) whose name( is/aFe subscribed to the
within instrument and acknowledged to me that he/may executed the same in his/her/their
authorized capacity(iog), and that by his/h=Aheir signature(W) on the instrument the personW or
the entity upon behalf of which the person(p) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
Witness my hand and official seal.
Notar ublic
REGEMA HENSLEY
[SEAL] Commission N 1521423
Wary -Public - Cdifornia • _t
Rlverslde County
MyComn.Ems[ O023.201]S
882/015610-0096
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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 A: PARCEL 2 OF LOT LINE ADJUSTMENT NO.204-411 RECORDED OCTOBER 8, 2004
AS INSTRUMENT NO. 2004-0.803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION
OF LOT 1 OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54
THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY
MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE
ADJUSTMENT NO, 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND
199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89'30' 11" EAST, 272.69 FEET TO THE
EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID
NORTHERLY LINE OF LOT 1, SOUTH 40.40' 11" EAST, 192.39 FEET; THENCE SOUTH 36° 16'42"
EAST, 201.26 FEET; THENCE SOUTH 53°20' 16" EAST, 232.15 FEET; THENCE NORTH 87°56'22"
EAST, 193.32 FEET; THENCE NORTH 85°54'55" EAST, 305.51 FEET; THENCE SOUTH 76°33'32"
EAST, 155.87 FEET; THENCE SOUTH 45°08'33" EAST, 221.84 FEET; THENCE SOUTH 51°13'44"
EAST, 112.98 FEET;. THENCE SOUTH 54°28'39" EAST, 110.02 FEET; THENCE SOUTH 44°42'29"
EAST, 102.05 FEET; THENCE SOUTH 01°38'20" WEST, 37.58 FEET; THENCE SOUTH 45°00'00"
WEST, 209.79 FEET; THENCE SOUTH 04°59'49" WEST, 201.91 FEET; THENCE SOUTH 39°23'09"
EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT
BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26132'46" EAST; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 57008'46", AN ARC DISTANCE OF 80.79 FEET TO THE
BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE
CURVE BEARS NORTH 83°41'32" WEST; THENCE SOUTHWESTERLY ALONG SAID
TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43°45'42", AN ARC
DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE OF LOT 1, SOUTH 50004' 10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC
DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH
SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE
WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF
19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID
CURVE, NORTH 10014' 10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF
A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
'82/015610-0096
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285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16°40'48" WEST, THE
PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE
WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A
CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH
00°00'11" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF
330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40°45'07" EAST, 5.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40°45'07" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 451,28'01 ",
AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03146'53" WEST, 404.79 FEET TO THE
POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF
SAID LOT 1.
PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN
BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA; and
PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME,
NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR. (INCLUDING
CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL
PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE (THE "ACCESS STREETS").
'821015610-0096
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EXHIBIT `°B"
MITIGATION MONITORING PROGRAM
[See following document]
89V015610-0096
798896.12
EXHIBIT "B"
CITY OF LA QUINTA
MITIGATION MONITORING PROGRAM FOR CEQA COMPLIANCE
DATE: April 15, 2008 ASSESSORS
PARCEL NO: 775-220-021
CASE NO.: General Plan Amendment 2006-107 PROJECT LOCATION, Within the original PGA West Specific Plan area,
Zone Change 2006-127 292 condominium/townhome units located on a 41.95-acre parcel, bounded on
Specific Plan 83-002, Amendment #6 the south and west by PGA Boulevard, on the north by the TPC Stadium Golf
Tentative Tract 33226 Course, and on the east by the Stadium Golf Clubhouse.
Site Development Permit 2006-852
Develo ment A Bement 2006-011
EA/EIR NO: SCH 2O07061056 APPROVAL DATE: April 15, 2008
APPLICANT: Crowne Pointe Partners, LLC
THE FOLLOWING REPRESENTS THE CITY'S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE
ENVIRONMENTAL
IMPACT REPORT FOR THE ABOVE CASE NUMBERS
5.0 AIR QUALITY
SUMMARY MITIGATION RESPONSIBLE FOR COMPLIANC
MEASURES MONITORING TIMING CRITERIA E CHECKED DATE
BY
Short term Construction
1. Developer to prepare Public Works Dept. Prior to grading Traffic Control;
Construction Traffic Planning Dept. grading plan
Emission Management Plan reviews
2. Contractor shall suspend use Public Works Dept. During all grading and Site inspections
of all construction equipment Building and Safety Dept. construction
during 15` stage smog; alerts IL.J
3. Contractor shall install wind Public Works Dept. During plan review and FDCP; Grading
8821015610-0096
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5.0 AIR QUALITY
SUMMARY MITIGATION
RESPONSIBLE FOR
COMPLIANC
MEASURES
MONITORING
TIMING
CRITERIA E CHECKED DATE
monitoring equipment on site
Building and Safety Dept.
construction
BY
plan reviews.
as feasible Suspend grading
when winds exceed 25 mph.
4. Contractor to maintain all
Planning Dept.
During construction
Submit monthly
construction equipment to
Public Works Dept
maintenance
manufacturer's specs
records
5. Contractor to recommend use
Planning Dept.
Prior to building permits
Require contractor
of electric welders to fullest
Public Works Dept
bid specs
extent feasible
Building and Safety Dept.
6. Contractor to recommend use
Planning Dept.
Prior to grading and
Require contractor
of on -site electricity or
Public Works Dept
building permits
bid specs
alternative fuels to fullest
Building and Safety Dept.
extent feasible
7. Limit all traffic to 15 mph on
Public Works Dept
FDCP review
Approved FDCP;
all unpaved Project Site areas
Building and Safety Dept.
Site inspections
8. All unpaved roads and
Public Works Dept
FDCP review
Approved FDCP;
disturbed areas of site to be
Building and Safety Dept.
Site inspections
completely watered at least 3
times daily in dry weather
9. Limit maximum speed to 15
Public Works Dept
FDCP review
Approved FDCP;
mph on all unpaved
Building and Safety Dept.
Site inspections
roadways
10. Contractor shall plant
Public Works Dept
FDCP review
Approved FDCP;
vegetative cover in all
Building and Safety Dept.
Site inspections
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-2-
5.0 AIR QUALITY
SUMMARY MITIGATION
RESPONSIBLE FOR
COMPLIANC
MEASURES
MONITORING
TIMING
CRITERIA E CHECKED DATE
disturbed areas as early as
BY
possible
11. Comply with Chapter 6.16,
Public Works Dept.
FDCP review
Approved FDCP;
LQMC (Fugitive Dust
Site inspections
Control), to include
preparation of a Fugitive
Dust Control Plan (FDCP)
pursuant to provisions of
SCAQMD's Coachella
Valley Fugitive Dust Control
Handbook -
Locali ed Si ni icance Thresholds
S - Construction
See Mitigation Measures 1-11
above. Localized impacts for PM10
and PM2.5 may exceed the
SCAQMD LST's. A Statement of
Overriding Considerations is
required for this potentially
significant unavoidable impact.
6.0 CULTURAL RESOURCES
SUMMARY MITIGATION
RESPONSIBLE FOR
COMPLIANCE
MEASURES
MONITORING
TIMING
CRITERIA CHECKED BY DATE
1. Project Site to be monitored
Building and Safety Dept
Prior to grading
Submittal of
during on and off -site
Public Works Dent
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6.0 CULTURAL RESOURCES
SUMMARY MITIGATION
MEASURES
RESPONSIBLE FOR
MONITORING
TIMING
CRITERIA COMPLIANCE
DATE
trenching/rough grading.by
Planning Dept
CHECKED BY
contract and Site
qualified
archaeological/historical
reports
monitors
2.
Collected
Planning Dept
Prior to initial Certificate of
archaeological/historical
Occupancy
resources shall be properly
packaged for long-term curation,
and delivered to the City.
3.
Submit final monitoring report to
Planning Dept
Prior to initial Certificate of
Submitted report
Planning
Occupancy
4.
Ramona Band tribal monitor to
Building and Safety Dept
Prior to any land
Monitoring
be part of monitoring activities
Public Works Dept
disturbance
contract
and process. Developer to enter
Planning Dept
into pre -excavation agreement
with Ramona Band
5.
Monitoring required by qualified
Building and Safety Dept
Prior to grading activities
Monitoring
Paleontologist, with submittal of
Public Works Dept
contract; report
report of findings within 30 days
Planning Dept
of findings
16.
of completion of earth -moving
Recovered specimens to be
Planning Dept
During monitoring and
Paleontological
prepared for identification,
report of findings
standards;
preservation, cataloguing and
preparation
monitoring
packaging in accordance with
contract
industry standards
7.
Submit report of findings and
Planning Dept
I Prior to initial Certificate of
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-4-
6.0 CULTURAL RESOURCES
SUMMARY MITIGATION RESPONSIBLE FOR COMPLIANCE
MEASURES MONITORING TIMING CRITERIA DATE
CHECKED BY
specimen inventory Occupancy1
8. Comply with industry Planning Dept Immediately upon discovery FEIR Mitigation
practice/requirements if human Riverside County Coroner Measure 7.0-8
remains are discovered Native American Heritage
Commission
EEEMWEEEEEEEN�
9.0 NOISE
SUMMARY MITIGATION
MEASURES
RESPONSIBLE FOR
MONITORING
TIMING
COMPLIANCE
CRITERIA DATE
CHECKED BY
1. Restrict all grading and other
Building and Safety Dept
During all construction
LQMC; Site
construction activities to
Public Works Dept
inspections
daytime hours only
2. All stockpile and staging
Building and Safety Dept
During all construction
Construction
areas shall be located as far
Public Works Dept
staging reviews;
from occupied residences as
Site inspections
possible, and screened by
solid noise attenuation
barriers
3. Operate earth -moving
Building and Safety Dept
Grading construction
Construction
equipment as far away from
Public Works Dept
staging reviews;
vibration -sensitive land uses
Site inspections
as possible
4. Establish temporary noise
Building and Safety Dept
During construction
Construction
barriers to attenuate noLas
Public Works Dept
staging reviews;
levels at nearby reside
Planning Dept
Site inspections
existingambient levels
882/015610-0096
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—5—
9.0 NOISE
SUMMARY MITIGATION
RESPONSIBLE FOR
COMPLIANCE
MEASURES
MONITORING
TIMING
CRITERIA CHECKED BY DATE
specified by an acoustical
engineer.
5. Operate all stationary
Building and Safety Dept
During construction
Construction
construction equipment as far
Public Works Dept
staging reviews;
from noise sensitive uses as
Site inspections
possible, or shielded with
acceptable temporary sound
barrier.
6. Use electric or hydraulic
Building and Safety Dept
During construction
Construction
impact tools wherever
Public Works Dept
staging reviews;
possible. When pneumatic
Site inspections
powered tools must be used,
such tools shall utilize an
exhaust muffler and, where
feasible, external tool jackets
7. All contractors shall employ
Building and Safety Dept
During construction
Equipment
quieter construction
Public Works Dept
inventory; Site
procedures wherever
inspections
feasible. All construction
equipment to be fitted with
sound reduction equipment,
per manufacturer's specs
8. Post signs with contact
Planning Dept
Pre -construction
Site inspections
information for noise
Building and Safety Dept
complaints
9. Assure residential units and
Building and Safety Dept
Precise grading; building
Final acoustical
L.outdoor liN ing areas do not 1
Public Works DeEt
I Elan check reviews
analysis
8821015610-0096
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-6-
9.0 NOISE
SUMMARY MITIGATION
RESPONSIBLE FOR
COMPLIANCE
MEASURES
MONITORING
TIMING
CRITERIA
DATE
CHECKED BY
exceed exterior noise 65
Planning Dept
CNEL standard
10. Residential project design
Planning Dept
Building plan check review
Final acoustical
shall not exceed interior
Building and Safety Dept
analysis
noise level of 45 CNEL
10.0 PUBLIC SERVICES
SUMMARY MITIGATION
RESPONSIBLE FOR
COMPLIANCE
MEASURES
MONITORING
TIMING
CRITERIA
DATE
CHECKED BY
10.3 - Schools
I. Project shall pay to CVUSD
Building and Safety Dept
Prior to building permit
Submittal of fee
school development impact
issuance
letter from
fees as in effect at time of
CVUSD
building permit issuance
11.0 TRANSPORTATION, TRAFFIC, PARKING AND CIRCULATION
SUMMARY MITIGATION
RESPONSIBLE FOR
COMPLIANCE
MEASURES
MONITORING
TIMING
CRITERIA
DATE
CHECKED BY
EFO ect Era rc
1. Prior to issuance of the first
Building and Safety Dept
Prior to building permit
RK Traffic
Project building permit,
Public Works Dept
issuance; prior to Certificate
Impact Study;
Project shall pay $125,000
of Occupancy
Signal project
(25%) toward traffic signal at
status; building
Avenue 54 and Jefferson
permit and C of
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-7-
11.0 TRANSPORTATION, TRAFFIC, PARKING AND CIRCULATION
SUMMARY MITIGATION RESPONSIBLE FOR COMPLIANCE
MEASURES MONITORING TANG CRITERIA CHECKED BY DATE
Street. If City has not O requests;
commenced installation of Project approval
said signal prior to the first conditions
Project building permit, and
signal warrants are met,
Project shall design and
install traffic signal prior to
first Certificate of
Occupancy, with credit for
the total cost applied against
the traffic component of the
City DIF as building permits
are issued.
Cumulative Traffic
2. Project shall pay its fair- Public Works Dept Prior to final map approval RK Traffic
share costs toward Impact Study;
intersection and lane Project approval
geometry improvements for
conditions
the Washington
Street/Avenue 50 and the
Jefferson Street/Avenue 50
intersections
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EXHIBIT "C"
CITY DECLARATION OF CC&R5
[See following document]
882/015610-0096
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
(Space Above This Line for Re ordcr's Office Use Only)
(Exempt from Recording Fee per Gov. Code § 27383)
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
("Declaration") is entered into this day of , by and between the
CITY OF LA QUINTA, a California municipal corporation and charter city organized and
existing under the Constitution of the State of California ("City"), and CROWNE POINTE
PARTNERS, LLC, an Oregon Limited liability company ("Developer").
RECITALS:
A. Developer is the fee owner of that certain real property located in the City of
La Quinta, County of Riverside, State of California, and more particularly described on
Exhibit A attached hereto (the "Property").
B. Developer has obtained approval from City to develop and operate on the Property
a resort project with associated amenities (the "Project").
C. Pursuant to that certain Development Agreement entered into by and between
Developer and City on or about which was recorded on , as
Instrument No. , in the Official Records of the County of Riverside (the
"Development Agreement"), as a condition to the approval of the Project and as a condition to
the City's issuance of any building permits for the Project, Developer is required to have executed
this Declaration and recorded it against the Property.
D. City has fee and/or easement interests in various streets, sidewalks, and other
property within the City (the "Benefited Public Property"), and is responsible for planning of
land uses within the City in such a manner as to provide for the health, safety, and welfare of the
residents of the City. The Benefited Public Property is legally described in Exhibit "B", attached
hereto and incorporated herein by this reference.
E. Developer and City desire to enter into this Declaration to bind the Property, and
all of the "Units" (as that term is defined in Section 1.1 below) thereon. The restrictions and
covenants herein shall be deemed to be included with and imposed as restrictions on the Property
and on each and every conveyance of the (i) Property, and (ii) the Units without express
reference thereto in the deed evidencing such conveyances.
88DO15610-0096
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DECLARATION
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and
promises hereinafter contained, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, City and Developer agree, on behalf of
themselves and the successors and assigns of Developer, including, but not limited to, the owners
of the Units (each, an "Owner," and collectively, the "Owners' including for the benefit of
City, as follows:
Restrictive Covenant.
1.1 Project Accommodations. The Project includes two hundred sixty-four
(264) resort units (each, a "Unit," and collectively, the "Units"), and related amenities. The
Units are described as follows:
(i) Approximately One Hundred Two (102) of the Units (the "Village
Homes") shall be constructed in seventeen (17) structures containing ;fix (6) Units each. Each of
the Village Homes shall be condominiums.
(ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes")
shall be constructed in thirty-five (35) one-story duplex structures and forty-eight (48) two-story
duplex structures.
(iii) Approximately seventy-nine (79) of the Units (the "Manor Homes") shall
be constructed in twenty-five (25) two-story triplex structures, with each such structure
containing two (2) ground floor Units and one (1) upper floor Unit, and two (2) one-story duplex
structures. Each of the Manor Homes shall be condominiums.
1.2 Recordation of Covenants Conditions and Restrictions. Prior to, and as a
condition of, the City's issuance of a fine grading permit for the first Unit in the Project, the
Developer shall submit to the City, and shall, prior to, and as a condition of, the City's issuance
of a temporary or final certificate of occupancy for the first Unit in the Project, obtain City's
approval of, and record, covenants, conditions and restrictions against the Property which, in
addition to the obligations set forth in the Conditions of Approval, (i) shall provide for
establishment of a homeowner's association for the Project (the "Association"); (ii) is necessary
to create a condominium regime for the Village Homes, Courtyard Homes, and the Manor
Homes, as described on the Condominium Plan to be recorded in accordance with all applicable
laws; and (iii) discloses to the Owners of the Units the requirement set forth in Section 1.3 below
that the Owners pay to the City a transfer payment upon the sale, transfer, or conveyance of their
Unit (the "Developer CC&Rs"). The Developer CC&Rs shall provide that the City is a third
party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which
are set forth in this Section 1.2, and shall require the written approval of the City prior to any
amendments thereto to the provisions thereof which are set forth in this Section 1.2. If the
California Department of Real Estate ("DRE") refuses to approve the Developer CC&Rs 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 Declaration. Such equivalent protections shall be subject
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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 certificates of occupancy for the Units.
1.3 Transfer Pa ent Due on Sale of Unit. Each Owner of a Unit shall be
required to pay to the City, concurrently with such Owner's grant, assignment, transfer, or
conveyance to, or vesting in, a purchaser or purchasers, or any other person or persons, by such
purchaser or purchaser's direction, of the Owner's Unit, or any interest therein, when the
consideration or value of the Unit or interest conveyed (exclusive of the value of any lien or
encumbrance remaining thereon at the time of sale) exceeds One Hundred Dollars ($100), a
payment (each such payment a "Transfer Payment' } in the amount of 0.55 of one percent
(.55%) of the total sales price of the Unit or interest therein, with the amount of such
consideration verified by the City. At the time the Owner submits the applicable Transfer
Payment to the City, the Owner shall include therewith a copy of the Final HUD Settlement
Statement prepared by the escrow officer handling the closing for such Unit, if such grant,
transfer, assignment, or conveyance is handled through an escrow, or such other similar
documentation in the event the grant, transfer, assignment, or conveyance is not being handled
through an escrow, for purposes of City's verification of the required Transfer Payment amount.
Said escrow officer is hereby instructed, and the Owner shall further provide instruction to him
or her, to pay to the City the applicable Transfer Payment out of the consideration paid or to be
paid to the Owner for the Unit or interest therein, concurrently with the grant, transfer,
assignment or conveyance of the Unit. Developer, on behalf of itself and its successors and
assigns, including, without limitation, the Owners of the Units, acknowledges and agrees that the
parties intend that an obligation to pay a Transfer Fee arises in any instance in which there is an
obligation to pay documentary transfer tax, as set forth in Revenue and Taxation Code Section
11901 et seq (the "Documentary Transfer Tax Law"), as the Documentary Transfer Tax Law
exists as of the "Effective Date" (as that term is defined in Section 2 below). A copy of the
current Documentary Transfer Tax Law is attached hereto and incorporated herein as Exhibit
«C„
For example, if an Owner sells his or her Unit for a sales price of $500,000, the Owner shall pay
to the City a Transfer Payment in the amount of $2,750.
The City and Developer shall record, concurrently with the recordation hereof, an instrument
titled "Payment of Transfer Fee Required," the form of which is attached hereto and incorporated
herein as Exhibit "D". Each grant deed pursuant to which Developer shall transfer a Unit to a
third party purchaser shall make reference to this Section 1.3 and shall recite the terms hereof.
2. Term. This Declaration shall become effective on the date on which it is recorded
with the Riverside County Recorder's Office (the "Effective Date") and shall continue in full
force until the earlier to occur of (i) the date on which the City permanently revokes the certificate
of occupancy for one or more Units or for the Project; provided, however, that in such event this
Declaration shall cease to be effective only as to the Unit(s) or portions of the Project for which
the certificate of occupancy has been revoked, and all other Units and portions of the Project shall
continue to remain subject to this Declaration; or (ii) termination of this Declaration by written
agreement of Developer (or its successor or assign, as applicable) and the City.
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3. Covenants Running With the Land. Developer declares that the Property and all of
the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied
subject to the provisions of this Declaration, all of which are declared to be in furtherance of and
for the benefit of the Units and to comply with the Conditions of Approval. Pursuant to
applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of
the State of California, all provisions of this Declaration (i) are hereby imposed as equitable
servitudes on each of the Units for the benefit of Developer and Developer's successors and
assigns and the City, and (ii) shall run with the land and be binding upon and inure to the benefit
of the Benefited Public Property and each of the Units and each and every portion thereof or
interest therein, and all parties having or acquiring any right, title, or interest in the Units or any
portion thereof, and their successors and assigns.
4. Assessment Appeals. Developer agrees on behalf of itself, and on behalf of all
persons or entities that may own an interest in the Property or in the Units in the future, that
during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or
otherwise negate the Transfer Payments required to be made to the City pursuant to the terms of
this Declaration.
5. Default,• Remedies: Dispute Resolution.
5.1 Notice of Default. In the event of failure by Developer, the Association,
or the Owners of Units to perform any material term or provision of this Declaration, the City
shall have those rights and remedies provided herein, provided that the City has first provided to
the defaulting party a written notice of default in the manner required by Section 7.1 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 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) business days [or thirty (30) days for non -monetary
defaults] after receipt of the notice of default, or, for such non -monetary defaults that cannot
reasonably be. cured, corrected or remedied within thirty (30) days, the defaulting party shall
commence to cure, correct, or remedy such default within such thirty (30) day period, 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, its
successors in interest, the Association, or the Owners of the Units of the terms of this
Declaration, 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
Declaration.
6. Miscellaneous.
6.1 Notices. Any notices, demands or other communications required or
permitted to be given by any provision of this Declaration or which any party may desire to give
the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid,
882/015610-0096
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facsimile, or by a reputable delivery service which provides a receipt with the time and date of
delivery, addressed to a party, at the addresses set forth below, or to such other address as said
party may hereafter or from time to time designate by written notice to the other party.
To Agency: La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Phone No.: 760-777-7100
Facsimile No.: 760-777-7101
Attention: Assistant Executive Director
With a copy to: Rutan & Tucker, LLP
611 Anton, Suite 1400
P.O. Box 1950
Costa Mesa, California 92628
Phone No.: 714-641-5100
Facsimile No.: 714-546-9035
Attention: M. Katherine Jenson, Esq.
To Developer: Crowne Pointe Partners, LLC
1022 SW Salmon Street, Suite 450
Portland, OR 97205
Phone No.: (503) 222-7258
Facsimile No.: (503) 222-4053
Attention: Wayne C. Rembold
With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP
2815 Townsgate Road, Suite 330
Westlake Village, CA 91361
Phone No.: (805) 446-1496
Facsimile No.: (805) 446-1490
Attention: James D. Vaughn, Esq.
Notice given by United States Postal Service or delivery service as provided
herein shall be considered given on the earlier of the date on which said notice is actually
received by the party to whom such notice is addressed, or as of the date of delivery, whether
accepted or refused, established by the United States Postal Service return receipt or such
overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall
be deemed given upon receipt of the same by the parry to which it is addressed.
6.2 Force Maieure. In addition to specific provisions of this Declaration,
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,
882MI5610-0096
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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 or the Agency
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, if notice by the party claiming such extension
is sent to the other party within thirty (30) days of the commencement of the cause. Times of
performance under this Declaration may also be extended in writing by the City and the
Developer.
Notwithstanding the paragraph above, Developer is not entitled pursuant to this
Section 7.2 to an extension of time to perform because of past, present, or future difficulty in
obtaining suitable construction or permanent financing for the development or operation of the
Project, or because of economic or market conditions.
6.3 Books and Records. Upon not less than forty-eight (48) hours written
notice to Developer (or its successor or assigns), Developer shall make available to City for
inspection and copying the books and records of Developer pertaining to the Project which are
relevant to an audit by the City of Developer or its successor in interest's compliance with the
terms of this Declaration.
6.4 Develo er's Limitation on Dama es. Developer covenants on behalf of
itself and its successors and assigns, including the Owners of the Units, not to sue the City for
damages or monetary relief for any claim arising out of or connected with any dispute,
controversy, or issue between Developer and City regarding this Declaration or any of the
matters referred to herein including but not limited to any of the payments required to be made
hereunder.
6.5 Mortgagee Protection. No portion of this Declaration or any
amendment or violation hereof shall operate to defeat or render invalid, in whole or in part, the
rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust
encumbering any portion of the Property, provided that, after foreclosure of any such mortgage
or deed of trust, the property foreclosed shall remain subject to this Declaration.
6.6 Govenmin Law. This Declaration shall be governed by the internal laws of
the State of California, without regard to conflict of law principles.
6.7 Interpre_tation; Incorporation. This Declaration shall be interpreted to give
each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are
incorporated into the Declaration.
6.8 Language Construction. Designations used herein are for convenience only
and shall not be controlling in the interpretation of this Declaration.
6.9 Amendment. This Declaration may only be amended pursuant to a written
amendment, executed by Developer (or its successor or assign) and City, and recorded in the
Office of the Recorder of Riverside County, California.
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6.10 Counte arts. The parties may execute this Declaration in counterparts.
Each counterpart shall be deemed an original instrument as against any party who has signed it.
6.11 Successors and Assigns. All of the terms, covenants and conditions of this
Declaration shall be binding upon the Developer and its permitted successors and assigns.
Whenever the term "Developer" is used in this Declaration, such term shall include any other
permitted successors and assigns as herein provided.
6.12 No Waiver. A waiver by either party of a breach of any of the covenants,
conditions or agreements under this Declaration to be performed by the other party shall not be
construed as a waiver of any succeeding breach of the same or other covenants, agreements,
restrictions or conditions of this Declaration.
6.13 Severabilily. If any term, provision, condition or covenant of this
Declaration or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Declaration, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the
fullest extent permitted by law.
6.14 Time of Essence. Time is expressly made of the essence with respect to
the performance by the City and the Developer of each and every obligation and condition of this
Declaration.
6.15 Non-Liabili of Officials and Employees of the City. No member,
official or employee of the City shall be personally liable to the Developer, or any successor in
interest, in the event of any default or breach by the City or for any amount which may become
due to the Developer or its successors, or on any obligations under the terms of this Declaration.
6.16 Attorneys' Fees. In any action between the parties to interpret, enforce,
reform, modify, rescind, or otherwise in connection, with any of the terms or provisions of this
Declaration, the prevailing party in the action shall be entitled, in addition to damages, injunctive
relief, or any other relief to which it might be entitled, reasonable costs and expenses including,
without limitation, litigation costs, reasonable attorneys' fees and expert witness fees.
[signatures on next page]
18M 15610-0096
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IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the
date written above.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
City Attorney
"DEVELOPER"
a
By:
Its:
882/015610-0096
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Notary Publi
personally appeared c,
(here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
State of California )
County of )
On
State of California )
County of )
On
before me,
(seal)
Notary Public
personally appeared ,
(here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
before me,
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
'82/015610-0096
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EXHIBIT A TO CITY DECLARATION OF CC&RS
LEGAL DESCRIPTION OF PROPERTY
PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8, 2004
AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION
OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54
THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA-
TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY
MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE
ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND
199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE
EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID
NORTHERLY LINE OF LOT 1, SOUTH 40040' 11" EAST, 192.39 FEET; THENCE SOUTH 36°16'42"
EAST, 201.26 FEET; THENCE SOUTH 53°20'16" EAST, 232.15 FEET; THENCE NORTH 87°56'22"
EAST, 193.32 FEET; THENCE NORTH 85°54'55" EAST, 305.51 FEET; THENCE SOUTH 76033'32"
EAST, 155.87 FEET; THENCE SOUTH 45°08'33" EAST, 221.84 FEET; THENCE SOUTH 51°13'44"
EAST, 112.98 FEET; THENCE SOUTH 54°28'39" EAST, 110.02 FEET; THENCE SOUTH 44°42'29"
EAST, 102.05 FEET; THENCE SOUTH 01'38'20" WEST, 37.58 FEET; THENCE SOUTH 45°00'00"
WEST, 209.79 FEET; THENCE SOUTH 04°59'49" WEST, 201.91 FEET; THENCE SOUTH 39°23'09"
EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT
BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26°32'46" EAST; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 57008'46", AN ARC DISTANCE OF 80.79 FEET TO THE
BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE
CURVE BEARS NORTH 83°41'32" WEST; THENCE SOUTHWESTERLY ALONG SAID
TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43°45'42", AN ARC
DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE OF LOT 1, SOUTH 50°04' 10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013' 14", AN ARC
DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH
SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE
WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF
19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID
CURVE, NORTH 10°14'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF
A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16°40'48" WEST, THE
PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE
882/015610-0096
799454 09 a05/12108 EXHIBIT A
WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A
CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH
0000011" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF
330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40°45'07" EAST, 5.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40°45'07" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01",
AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03°46'53" WEST, 404.79 FEET TO THE
POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF
SAID LOT 1.
PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN
BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA; and
PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME,
NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING
CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL
PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE (THE "ACCESS STREETS',).
882/015610-0096
799454.09 a05/12/08 EXHIBIT A
EXHIBIT B TO CITY DECLARATION OF CC&RS
LEGAL DESCRIPTION OF BENEFITED PUBLIC PROPERTY
[see following documents]
882/015610-0096
799454.09 a05/12/08 EXHIBIT B
CIVIC CAR CAMMS
DESCRIPTION
The land referred to in this report is situated in the County of Riverside, State of
California, and is described as follows:
PARCEL 1:
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:
Beginning at a point on the North line of said Northeast quarter of the Southwest
quarter which bears South 89047'20" West, 966.90 feet from the centerline of said
Section 6;
thence South 00012130" East, 632.10 feet parallel with the West line of said Northeast
quarter of the Southwest quarter to the North line of Lot "H" being also the North
line of Avenida.La Fonda, as shown on the map of the Desert Club Tract No. 2, recorded
in Book 20 Page 6 of Maps, in the Officie of the County Recorder of said County;
thence South 89045130" West, 230.00 feet on the North line of said Lot "H";
thence North 72053130" West, 74.59 feet on the North line of said Lot "H";
thence on a curve concave to the Southwest on the Northerly line of said Lot "H"
having a radius of 197.50 feet through an angle of 1701610011, 59.52 feet to the West
line of said Northeast quarter of the Southwest quarter of Section 6;
thence North 00012130" West, 601.30 feet on the West line of said Northeast quater of
the Southwest quarter of Section 6 to the Northwest corner of said Northwest quarter
of the Southwest quarter of Section 6;
thence North 89047120" East, 360.00 feet on the North line of said Northeast quarter
of the Southwest quarter of Section 6, to the point of beginning.
EXCEPT the North 30.00 feet.
PARCEL 2•
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:
882/015610-0096
799454.09 a05/12/08 EXHIBIT B
Beginning at a point on the North line of said Northeast quarter of the Southwest
quarter which bears South 89047120" West, 706.90 feet from the center of said Section
6;
thence South 00022130" East, 631.96 feet parallel with the West line of the said
Northeast quarter of the Southwest quarter to the North line of Lot "H" being also the
North line of Avenida La Fonda, as shown on a map of The Desert Club Tract No. 2,
recorded in Book 20, Page 6 of Maps, in the Office of the County Recorder of said
County;
thence South 89045-30" West 260.00 feet on the North line of said Lot "H";
thence North 00012130/1 West, 632.10 feet parallel with the West line of said Northeast
quarter of the Southwest quarter of the North line of said Northeast quarter of the
Southwest quarter;
thence North 89047120/1 East, 260.00 feet on the North line of the said Northeast
quarter of the Southwest quarter of Section 6, to the point of beginning.
EXCEPT the North 30.00 feet.
PARCEL 3:
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:
Beginning at the center of said Section 6;
thence South 00009130" East, 631.58 feet on the quarter section line to the North line
of Lot "H", being also the North line of Avenida La Fonda, as shown by map of the
Desert Club No. 2, recorded in Book 20, Page 6 of Maps, in the Office of the County
Recorder of said County;
thence South 89045130" West, 706.35 feet;
thence North 00012130" West, 631.96 feet to the North line of said Northeast corner of
the Southwest quarter;
thence North 89047120" East, 706.90 feet on the North line of said Northeast quarter
of the Southwest quarter to the point of beginning.
EXCEPT that portion described in deed from John L. Marshall and wife, recorded
December 7, 1931 in Book 6, Page 109 of Official Records as as Instrument No. 328.
ALSO EXCEPT the North 30.00 feet.
882/015610-00%
799454.09 a05/12/08 EXHIBIT B
FINE STATION
The following described real property is situated in the City of
La Quinta, County of Riverside, State o' C-,! fornia.
That portion of the northeast one -quarter of Section 16, Township 6
South - Range 7 East, San Bernardino Meridian, in the City of La
Quinta, County of Riverside, State of California, described as
follows:
Commencing at the northeast quarter of Section 16 as shown on a Record
of Survey, filed in Book 70, pages 96 through 98 inclusive, of Records
of survey, in the office of the County Recorder., of. said County, said
point also being the centerline intersection of 54th Avenue and
Madison Street;
Thence South 89° 03' 03" West along the centerline of 54th Avenue, a
distance of 460.00 feet;'
Thence South 00' 56' 57" East at right angles to the centerline of
54th Avenue, a distance of 50`.0 feet to a point on the southerly
right of way line of 54th Avenue, said point being the point of
beginning;
Thence North 890 03' 03" East along the southerly right of
way line of 54th Avenue, a distance of 363.96 feet;
Thence South 46' 43' 50" East a distance of 32.08 feet to
a point on the westerly right of way line of Madison Street,
and said point located 55.00 feet from the centerline of
Madison Street;
Thence South 02' 30' 40" East along the westerly right of way
line of Madison Street, a distance of 272.10 feet;
Thence West a distance of 12.00 feet to the beginning of a
tangent curve, concave south easterly and having a radius of
38.00, through a central angle of 90' 00, 00", an arc distance
of 59.69 feet; 01
J
Thence West a distance of 80.92 feet, to a point of a curve,
concave southwesterly and having a radius of 174.00 feet,
through a central angle of 280 29' 5611, an arc distance of
86.55 fleet; '
i
Thence North 450 00' 00" West, a distance of 264.41 feet to the
beginning of a tangent curve, concave southwesterly and having
a raduis of 242.69 feet, through a central angle of 16' 51'
2611, an are distance of 71.40 feet;
Thence North 00° 56' 57" West, a distance of 22.50"feet to the
point of beginning.
Consists of 1.954 Acres.
882101561O-0096
799454.09 a05/UM EXHIBIT B
ADJACENT STREETS:
Streets, sidewalks, and all other public improvements contained within the following portions of
public right of way:
The portion of Avenue 54 located between Jefferson Street and Madison Street;
The portion of Madison Street located between Avenue 54 and Avenue 58;
The portion of Avenue 58 located between Madison Street and the Jefferson Street alignment.
882/015610-0096
799454.09.05112/09 EXHIBIT B
EXHIBIT C TO CITY DECLARATION OF CC&RS
DOCUMENTARY TRANSFER TAX LAW
[See following document]
892/015610-0096
799454.09 a05/12/08 EXHIBIT C.
DOCUMENTARY TRANSFER TAX ACT
§ 11901. Short title
This act is known and may be cited as the "Documentary Transfer Tax Act."
(Added by Stals.1967, c. 1332, p. 3162, § 1, operative, Jan. 1, 1968. Amended by
Stats.1968, c. 17, p. 160, § 3, elf. April 9, 1968, operative July I, 1968.)
§ 11902. County defined
"County" shall include a city and county.
(Formerly § 11903, added by Slats.1967, c, 1332, p. 3162, § 1, operative Jan. 1, 1968.
Renumbered § 11902 and amended by Stats.1968, c. 17, p. 160, § 5, eff. April 9. 1968.
operative July 1, 1968,)
§ 11903. Recorder defined
"Recorder" means the recorder of a county.
(Formerly § 11904. added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.
Renumbered § 11903 and amended by Stats.19h8, c. 17, p. 161. § 6, eff. April 9, 1968.
Operative July 1, 1908.)
§ 11911. Imposition; Instruments subject to tax; consideration or value of
property; rate; credits
(a) The board of supervisors of any county or city and county, by an
ordinance adopted pursuant to this part, may impose, on each deed, instru-
ment, or writing by which any lands, tenements, or other realty sold within the
county shall be granted, assigned, transferred, or otherwise conveyed to, or
vested in, the purchaser or purchasers, or any other person or persons, by his
or their direction, when the consideration or value of the interest or property
conveyed (exclusive of the value of any lien or encumbrance remaining thereon
at the time of sale) exceeds one hundred dollars ($100) a tax at the rate of fifty-
five cents ($0.55) for each ,five hundred dollars ($500) or fractional part thereof.
(b) The legislative body of any city which is within a county which has
imposed a tax pursuant to subdivision (a) may, by an ordinance adopted
pursuant to this part, impose, on each deed, instrument, or whiting by which
any lands, tenements, or other realty sold within the city shall be granted,
assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or
purchasers, or any other person or persons, by his or their direction, when the
consideration or value of the interest or property conveyed (exclusive of the
value of any lien or encumbrance remaining thereon at the time of sale)
exceeds one hundred dollars ($100), a tax at the rate of one-half the amount
specified in subdivision (a) for each five hundred dollars ($500) or fractional
part thereof.
(c) A credit shall be allowed against the tax imposed by a county ordinance
pursuant to subdivision (a) for the amount of any tax due to any city by reason
of an ordinance adopted pursuant to subdivision (b). No credit shall be
allowed against any county tax for a city tax which is not in conformity with
this part.
(Added by Slats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.)
882/015610-0096
799454.09 a05/12/08 EXHIBIT C
§ 11911.1. Tax roll parcel number
Any ordinance which imposes the documentary transfer tax may require that
each deed, instrument or writing by which lands, tenements, or other realty is
sold, granted, assigned, transferred, or otherwise conveyed, shall have noted
upon it the tax roll parcel number. The number will be used only for
administrative and procedural purposes and will not be proof of title and in the
event of any conflicts, the stated legal description noted upon the document
shall govern. The validity of such a document shall not be affected by the fact
that such parcel number is erroneous or omitted, and there shall be no liability
attaching to any person for an error in such number or for omission of such
number.
(Added by Stats.1971. c. 102, p. 132, § 4, eff, May 25. 1971.)
§ 11912. Persons required to pay tax
Any tax imposed pursuant to Section 11911 shall be paid by any person who
makes, signs or issues any document or instrument subject to the tax, or for
whose use or benefit the same is made, signed or issued.
(Added by Stats.1967, c. 1332. p. 3162, § 1, operative Jan. 1, 1968.)
§ 11913. Mobdehome Installed on a foundation system
The transfer of any mobilehome installed on a foundation system, pursuant to
Section 18551 of the Health and Safety Code, and subject to local property
taxation shall be subject to this part.
(Added by Slats.1979, c. 1160, p. 4360, § 11.)
§ 11921. instrument securing debt
Any tax imposed pursuant to this part shall not apply to any instrument in
writing given to secure a debt.
(Added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. t, 1968.)
§ 11922. Instruments of United States, state, territory or political subdivi-
sion, etc.
Any deed, instrument or writing to which the United States or any agency or
instrumentality thereof, any state or territory, or political subdivision thereof, is
a party shall be exempt from any tax imposed pursuant to this part when the
exempt agency is acquiring title.
(Added by Stats.1967, c. 1332, p. 3162, § I, operative Jan. 1, 1968. Amended by
Stats.1969, c. 1102, § 1; Stats.1969, c. 11(18, § 1.)
'82/015610-0096
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6 11923. Conveyances under reorganization or adjustment plans
Any tax imposed purimant to Chia part shall not apply to the making delivering, or filing of
cnmeyances to make effecbve any plan of rearganizatfnn or adjustment • ■ •that isI& of the folio
wim
(12 Confirmed under the Federal Bankruptcy get s, as amended,
(2) Approved in an equity receivership proceeding in a =91 involving a railroad corporation, as
defused in' ■ ° Section 101 of Title 11 of the United States Code, as amended,
UApproved in an egirity receivership proceedEng in a court involving a corporation, ae defined in
Section 101 of ?title 11 of the United States Code, an amended . • •
Whereby a mere change in identity, form, or place of organization is effected.
(b) Subdivision (a) ■ • shall only appky if the making, delivery, or fftg of instruments of transfer or
conveyances occurs within five yearn from the date of the confirmation, approval, or change.
(Added by Statal%?, c. 1332, p. 3162, § 1, operative Jan 1, 19K Amended by Stat819006, a 638
(s.11.1952), 6 620.)
§ 11924. Conveyances under order of securities and exchange commission
Any tax imposed pursuant to this part shall not apply to the making or
delivery of conveyances to make effective any order of the Securities and
Exchange Commission, as defined in subdivision (a) of Section 1083 of the
Internal Revenue Code of 1954;' but only if —
(a) The order of the Securities and Exchange Commission in obedience to
which such conveyance is made recites that such conveyance is necessary or
appropriate to effectuate the provisions of Section 79k of Title 15 of the United
States Code, relating to the Public Utility Holding Company Act of 1935;'
(b) Such order specifies the property which is ordered to be conveyed;
(c) Such conveyance is made in obedience to such order.
(Added by Stats.1967, c. 1332. p. 3162, § 1, operative Jan. 1, 1968.)
1 11926. Tranefer of certain partnership property
(a) In the rase of any realty held by a partnership or other anti treated ae a income tan ouroyaed no levy sb4 be imposed pnrauant to this erahi far faders,
interest in the partnership or other anti or otherwise, if • • 1� re 0 airy transfer of an
--- en both of the foIfo ' P occur
(1) The partnership • • or other en treated as a + . ■
Partne�ip within the meaning a eetfon 70$ of Internal RevenuepCode of * •in considered&a continuing
(2) The continuing partnership or other enti treated am a
conce " Q. nesahl continues to hold the realty
(b) if there is a termination of any partnership or other ent3 treated as a arts income tax ass within the meaning of Section 70f1 of the n erg for federal
Revenue Code o 19)36, or
purposes of this part. the partnershlp or other ent3 shall be treated as having executed instrument
whereby there was conveyed. for fair market value (e ns a f the value of sage lien or erxurnbraace
remaining thereon), all realty held by the partnership or � �t at the time of the termination
(c) Not mare than one tax shall be imposed pursuant to this part by a t
by reason of a termination described in subdivision (b), and any transfer city and county or city
thereto with reaper to
the reaity held by a artnershi or other anti treated as a partae pure„•,;cntir�ty t
termination. p at the time of the
•' �s U•a+a.• " c. aria, P. 81trz, 1 1, operative Jan 1, 1968. Amended
{A�,1�), § 1.) by Stats,1999, P. 75
'82/015610-0096
799454.09 a05/12/08 EXHIBIT C
§ 11926. Inapplicability to deed instrument or writing to beneficiary or
mortgagee taken in lieu of foreclosure; exception; notations
required on deed, etc„ affidavit
Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or writing to a beneFiciary or mortgagee, which is taken from
the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that
such tax shall apply to the extent that the consideration exceeds the unpaid
debt, including accrued interest and cost of foreclosure. Consideration, unpaid
debt amount and. identification of grantee as beneficiary or mortgagee shall be
noted on said deed, instrument or writing or stated in an affidavit or declara-
tion under penalty of perjury for tax purposes.
(Added by Stais.1971, c, 417, p. 804, § I. Amended by Slats.1973, c. 645. p. 1188, § 1;
Stats.1974, c. 413, p. 1003. § 1.)
§ 11927. heed, instrument or other writing which purports to transfer,
divide or allocate property assets between spouses under judg.
ment of dissolution of marriage, separation or agreement in
contemplation of judgment or order
(a) Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or other writing which purports to transfer, divide, or
allocate community, quasi -community, or quasi -marital property assets be-
tween spouses for the purpose of effecting a division of community, quasi -
community, or quasi -marital property which is required by a judgment decree-
ing a dissolution of the marriage or legal separation, by a judgment of nullity,
or by any other judgment or order rendered pursuant to the Family Code, or by
a written agreement between the spouses, executed in contemplation of any
such judgment or order, whether or not the written agreement is incorporated
as part of any of those judgments or orders.
(b) In order to qualify for the exemption provided in subdivision (a), the
deed, instrument, or other writing shall include a written recital, signed by
either spouse, stating that the deed, instrument, or other writing is entitled to
the exemption.
(Added by stats.l981, c. 985. p. 3821, § I. Amended by Slats,1992, c. 163 (A.B.26411,
§ 133, operative Jan. I, 1994.)
§. 11928. Deed, instrument or other writing for conveyance of realty by
state or political subdivision or agency with agreement for
purchaser to reconvey
Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or other writing by which realty is conveyed by the State of
California, any political subdivision thereof, or agency or irtstrumenWily of
either thereof, pursuant to an agreement whereby the purchaser agrees to
immediately reconvey the realty to the exempt agency.
AAdded by Slats. 1987, c. 301, § 1.)
'821015610-0096
799454.09 a05/12/08 EXHIBIT C
§ 11929. Deed, instrument, or other writing for conveyance by stste, politi-
cal subdivision or agency of realty financed by obligations
Issued by nonprofit corporation
Any tax imposed pursuant to this part shall not apply with respect to any
deed, instrument, or other writing by which the State of California, any
political subdivision thereof, or agency or instrumentality of either thereof,
conveys to a nonprofit corporation realty the acquisition, construction, or
improvement of which was financed or refinanced by obligations issued by the
nonprofit corporation on behalf of a governmental unit, within the meaning of
Section 1.103-1(b) of Title 26 of the Code of Federal Regulations.
(Added by Slats.1987. c. 301, § 2.)
1 11930. Inter vivos silts or death, transactions for lands, tansernmta, or realty, or Interests
therein
Any tax kW" P--t to this putt shall not aPPIY to any deed, instrument, or other writing wldeh
ip-pm� to grant, assign, t--fer, convey, divide, allocate, or rest 4MIE4 tenements, or real
interest therein, If by reason of such inter vivoe orb t3. tit any
tenements. realty, or intereeta therein are "nafened Y reason of the death of aqy Parson, such ]xnda,
person or en 1 wt 411 to, or in tntat for the bens of, any
�Y•
(Added by Stata1996, c. 862 (A.B2761), 1 48.)
§ 11931. Credit against county tax
If the legislative body of any city imposes a tax pursuant to subdivision (b) of
Section 11911 equal to one-half the amount specified in subdivision (a) of
Section 1 191 1, the county in which such city is located shall grant a credit
against the county tax in the amount of the city tax if the citv's tax conforms to
this part. The county shall collect all taxes imposed pursuant to this part and
the county auditor shall allocate the proceeds as follows:
(1) All money which relates to transfers of real property located in unincor-
porated areas of the county or in a city and county shall be allocated to the
county or city and county, as the case may be.
(2) All money which relates to transfers of real property located in a city
which imposes a tax on transfers of real property pursuant to this part shall be
allocated one-half to such city and one-half to the county.
(3) All money which relates to transfers of real property located in a city
which imposes a tax on transfers of real property not in conformity with this
part shall not be credited against the county tax and the entire amount
collected by the county shall be allocated entirely to the county..
(4) All money which relates to transfers of real property in a city which does
not impose a tax on transfers of real property shall be allocated entirely to the
county.
(Formerly § 11932. added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968.
Renumbered § 11931 and amended by Stats.1968, c. 17, p. 161, § 8, eff. April 9, 1968,
operative July I, 1968.)
'82/015610-0096
799454.09 e05/12/08 EXHIBIT C
§ 11932. Submission of documents subject to tax for recordation; facts to
be shown
If a county has imposed a tax pursuant to this part, every document subject
to tax which is submitted for recordation shall show on the face of the
document the amount of tax due and the incorporated or unincorporated
location of the lands, tenements or other realty described in the document. If
the party submitting the document for recordation so requests; the amount of
tax due shall be shown on a separate paper which shall be affixed to the
document by the recorder after the permanent record is made and before the
original is returned as specified in Section 27321 of the Government Code.
(Added by Stats.1968, c. 17, p. 161, § 9, eff. April 9, 1968, operative July 1, 1968.)
§ 11933. Payment of tax as prerequisite to recording
If a county has imposed a tax pursuant to this part, the recorder shall not
record any deed, instrument or writing subject to the tax imposed pursuant to
this part, unless the tax is paid at the time of recording. A declaration of the
'amount of tax due, signed by the party determining the tax or his agent, shall
appear on the face of the document or on a separate paper in compliance with
Section 11932, and the recorder may rely thereon; provided he has no reason
to believe that the full amount of the tax due has not been paid. The
declaration shall include a statement that the consideration or value on which
the tax due was computed was, or that it was not, exclusive of the value of a
lien or encumbrance remaining on the interest or property conveyed at the time
of sale. Failure to collect the tax due shall not affect the constructive notice
otherwise imparted by recording a deed, instrument or writing.
(Added by Stars. IYO8, c. 17, p. 161, § 11, eff. April 9, 1968. operative July I, 1968.
Amended by Stars.1969, c. 1102A 2.)
§ 11934. Claims for refunds; law governing
Claims for refunds of taxes imposed pursuant to this part shall be governed
by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of
Division 1 of this code.
(Furmrrly § 11935. added by Stars.1967, c. 1332, p. 3165, § I, operative, Jan. I, 1968.
Rcnumbel•cd § 11934 and amended by Stars. 1968, c. 17. p. 162, § 13, eff. April 9. 1968,
Opel'iidvc July 1, 1968.)
'82/015610-0096
799454.09 a05/12/08 EXHIBIT C
EXHIBIT D TO CITY DECLARATION OF CC&RS
FORM OF PAYMENT OF TRANSFER FEE REQUIRED
[See following document]
182/015610-0096
799454.09 a05/12/08 EXHIBIT D
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of La Quints
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
(Space Above This Line for Recorder's Office Use Only)
(Exempt from Recording Fee per Gov. Code § 27383)
PAYMENT OF TRANSFER FEE REQUIRED
Important notice to owners, purchasers, tenants, lenders, brokers, escrow and
title companies, and other persons: A document imposing a requirement to pay a
transfer payment (a "Transfer Payment") has been recorded with respect to the
property described below (referred to in this instrument as the "Property").
Current Owner of Property Subject to CC&Rs: Crowne Pointe Partners,
LLC, an Oregon Limited liability company (the "Developer").
Title of Document Containing Transfer Payment Obligations:
Declaration of Covenants, Conditions, and Restrictions (hereafter, "CC&Rs"),
entered into by and between the City of La Quinta, a California municipal
corporation and charter city organized and existing under the Constitution of the
State of California ("City"), and Developer. The CC&Rs are recorded
concurrently with this instrument, in the official records of Riverside County. The
CC&Rs contemplate that the Developer will develop the Property into a resort
containing 264 units (each, a "Unit"), and that each of the Units will be sold to
individual third party purchasers (each, an "Owner").
Legal Description of Property: See Exhibit "A" attached hereto and
incorporated herein by this reference.
Assessor's Parcel Number of Property: 775-220-021.
Amount of Transfer Payment: The Transfer Payment amount is .55 of one
percent (.55%) of the Owner's actual sales price for his or her Unit, with the
1821015610-0096
799454.09 a05/12/08 -1-
amount of such sales price verified by the City. For example, if the sales price is
$250,000, then the Transfer Payment will be $1,375; if the sales price is $500,000,
then the Transfer Payment will be $2,750; and if the sales price is $700,000, then
the Transfer Payment will be $3,850.
Date Transfer Payment Requirement Expires: The Transfer Payment
requirement has no expiration date and runs with the land, in perpetuity.
Purpose of Transfer Payment and Entity to which Payment is Paid: The
purpose of the Transfer Payment is to compensate the City for loss of "Transient
Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta
Municipal Code resulting from development of the Property as a resort and not a
traditional hotel. All Transfer Payments are to be paid to the City, and sent to:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Finance Director
This instrument does not contain a full description of the details of all of the
terms and conditions of the CC&Rs. You are hereby notified to read the *CC&Rs
to fully understand the Transfer Payment requirements which apply to the
Property, and the individual Units to be developed thereon.
This instrument is being recorded and filed in compliance with Civil Code
Section 1098.5.
[End — Signature page follows]
882/015610-0096
799454.09 a05/12/08 -2-
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
City Attorney
982/015610-0096
799454.09 e05/12/06 -3-
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me, , Notary Public,
personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Notary Public
[ SEAL]
182/015610-0096
799454.09 a0s/1 = —4-
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO.204-411 RECORDED OCTOBER 8, 2004
AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION
OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54
THROUGI4 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY
MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE
ADJUSTMENT NO. 97-24-4, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND
199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89.30' l 1" EAST, 272.69 FEET TO THE
EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID
NORTHERLY LINE OF LOT 1, SOUTH 40.40' 11" EAST, 192.39 FEET; THENCE SOUTH 361,16'42"
EAST, 201.26 FEET; THENCE SOUTH 53°20'16" EAST, 232.15 FEET; THENCE NORTH 87°56'22"
EAST, 193.32 FEET; THENCE NORTH 85°54'55" EAST, 305.51 FEET; THENCE SOUTH 76°33'32"
EAST, 155.87 FEET; THENCE SOUTH 45008'33" EAST, 221.84 FEET; THENCE SOUTH 51013'44"
EAST, 112.98 FEET; THENCE SOUTH 54°28'39" EAST, 110.02 FEET; THENCE SOUTH 44°42'29"
EAST, 102.05 FEET; THENCE SOUTH 01°38'20" WEST, 37.58 FEET; THENCE SOUTH 45°00'00"
WEST, 209.79 FEET; THENCE SOUTH 04°59'49" WEST, 201.91 FEET; THENCE SOUTH 39°23'09"
EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT
BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26032'46" EAST; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1 AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 57°08'46", AN ARC DISTANCE OF 80.79 FEET TO THE
BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE
CURVE BEARS NORTH 83°41'32" WEST; THENCE SOUTHWESTERLY ALONG SAID
TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43°45'42", AN ARC
DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE OF LOT 1, SOUTH 50°04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013' 14", AN ARC
DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH
SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE
WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF
19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID
CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 10014' 10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF
A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16040'48" WEST, THE
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PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE
WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A
CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH
00°00' 11" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF
330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40°45'07" EAST, 5.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40°45'07" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°28'01",
AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03°46'53" WEST, 404.79 FEET TO THE
POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF
SAID LOT 1.
PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN
BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA; and
PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME,
NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING
CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL
PROPERTY DESCRIBED ON EXMIT "B" ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE (THE "ACCESS STREETS'.
'821015610-0096
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CONSENT TO RECORDATION
CROWNE POINTE PARTNERS, LLC, an Oregon Limited liability company
("Developer"), owner of the fee interest in the real property legally described in
Exhibit "A" hereto, hereby consents to the recordation of the foregoing Payment of
Transfer Fee Required against said real property.
"Developer"
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me, , Notary Public,
personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Notary Public
[SEAL]
882/015610-0096
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EXHIBIT "D"
COMPLIANCE CERTIFICATE
[See following document]
882/015610-0096
798896.12 a05/12.08
COMPLIANCE CERTIFICATE
(EDENROCK DEVELOPMENT AGREEMENT)
The undersigned, as the general partner of . a
("Developer"), pursuant -to Section 4.1 of that certain Development
Agreement dated , 2007, (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 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 City Declaration of CC&Rs required by Section 3.2.1 of the
Development Agreement have been approved by the City and recorded against the Site; (2) the
Developer CC&Rs required by Section 3.2.2 of the Development Agreement have been
approved by the City and recorded against the Site; (3) all payments required pursuant to Section
3.3.2 of the Development Agreement for the building permits requested to be issued have been
paid; (4) all payments required pursuant to Section 3.3.2 of the Development Agreement as of
the date have been paid; and (5) 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 1, 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.
a
By:
Its:
882/015610-0096
798896.12 a05/ 12.08 -1-
SCHEDULE I
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.]
882/015610-0096
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EXHIBIT "E"
ASSIGNMENT AND ASSUMPTION AGREEMENT
[See following document]
982/01561 "096
799896.12 a05/12.08
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 I_inc for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 27383)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is
made and entered into as of ("Effective Date"), by and between
a
"Developer" or "Assignor") and [ASSIGNEE]
Recitals.
(the
("Assignee"), with reference to the following
Recitals
A. Assignor is the master developer of 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
. 2008 (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; and (C) 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) requiring
the recordation against the Site of a City Declaration of CC&Rs that sets forth certain
requirements of the owners of the Units in the Project to pay to the City a transfer payment upon
the transfer of their Unit for purposes of compensating the City for loss of "Transient Occupancy
Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; (iii) requiring the
882/015610-0096
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recordation against the Site of a Declaration of CC&Rs that (a) provides for establishment of a
homeowner's association for the Project (the "Association"); (b) is necessary to create a
condominium regime for the Village Homes, Courtyard Homes, and the Manor Homes, as
described on the Condominium Plan to be recorded in accordance with all applicable laws; and
(iii) discloses to the owners of the Units the requirement set forth in Section 1.3 of the City
Declaration of CC&Rs that the Owners pay to the City a transfer payment upon the sale, transfer,
or conveyance of their Unit; and (iv) granting Developer a vested right to develop the Site
according to the Development Plan, all as more particularly described in the Development
Agreement.
the Site. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee
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 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. Assi Dment. 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, and Assignee hereby accepts such assignment and
agrees to assume performance of all terms, covenants and conditions occurring or arising under
the Development Agreement from and after the date of this Assignment.
2. Assum tion 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, 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, 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. Gov 2ip& 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. Authoriof 5i natories to Sind Princi als. The persons executing this
Assignment on behalf of their respective principals represent that (i) they have been authorized
882/015610-0096
799896.12 a05/12.08 -2-
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.
"Assignor" "Assignee"
[INSERT ASSIGNEE SIGNATURE
a BLOCK]
By:
Its:
882/015610-0096
799896.12 205/12.08 -3-
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me, Notary Public,
personally appeared , proved to me
on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, Notary Public,
personally appeared , 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 hivber/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
Witness my hand and official seal.
[SEAL]
Notary Public
'82M15610-0096
798896.12 a05112.08 4_
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 A: PARCEL 2 OF LOT LINE ADJUSTMENT NO.204-411 RECORDED OCTOBER 8, 2004
AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION
OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54
THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY
MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE
ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND
199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89.30' 11" EAST, 272.69 FEET TO THE
EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID
NORTHERLY LINE OF LOT 1, SOUTH 40.40' 11" EAST, 192.39 FEET; THENCE SOUTH 36°16'42"
EAST, 201.26 FEET; THENCE SOUTH 53°20' 16" EAST, 232.15 FEET; THENCE NORTH 87°56'22"
EAST, 193.32 FEET; THENCE NORTH 85°54'55" EAST, 305.51 FEET; THENCE SOUTH 76°33'32"
EAST, 155.87 FEET; THENCE SOUTH 45°08'33" EAST, 221.84 FEET; THENCE SOUTH 51°13'44"
EAST, 112.98 FEET; THENCE SOUTH 54°28'39" EAST, 110.02 FEET; THENCE SOUTH 44°42'29"
EAST, 102.05 FEET; THENCE SOUTH 01°38'20" WEST, 37.58 FEET; THENCE SOUTH 45°00'00"
WEST, 209.79 FEET; THENCE SOUTH 04°59'49" WEST, 201.91 FEET; THENCE SOUTH 39°23'09"
EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT
BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26032'46" EAST; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1 AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 57°08'46", AN ARC DISTANCE OF 80.79 FEET TO THE
BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE
CURVE BEARS NORTH 83041'32" WEST; THENCE SOUTHWESTERLY ALONG SAID
TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC
DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE OF LOT 1, SOUTH 50°04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013' 14", AN ARC
DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH
SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE
WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF
19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID
CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF
A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
'82/015610-0096
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285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16°40'48" WEST, THE
PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE
WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A
CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH
0000011" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF
330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40°45'07" EAST, 5.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40045'07" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45ID28'01",
AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03°46'53" WEST, 404.79 FEET TO THE
POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF
SAID LOT 1.
PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN
BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA; and
PARCEL : TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME,
NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING
CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL
PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE (THE "ACCESS STREETS").
'82/015610-0096
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