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Fourth Quarter Properties/Site Dev Maintenance 02go.-j:Fazill Recording Requested By First American Title Company RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City of La Quinta Attn: June S. Greek, City Clerk P. O. Box 1504 La Quinta, CA 92253 DOC N 2003-3073SM 07/08/2003 08:00A Fee:NC Page 1 of 12 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A R L COPY LONG REFUND NCHG EXAM 1401 SITE DEVELOPMENT MAINTENANCE AGREEMENT -------- This Site Development Maintenance Agreement ("Maintenance Agreement") is made and entered into as of November 5, 2002, by and between the City of La Quinta, a municipal corporation, ("City") and 111 Venture, LLC, a California Limited Liability Company ("Owner"). RECITALS WHEREAS, Owner is the weer of real property known as parcels 10, 11, and 12 of Parcel Map 29351 as described more paiticularly in Exhibit A ("Property") which is located within a project entitled "La Quinta Corporate Centre" on approximately 11.79 acres north of Highway 111 between Adams Street and La Quinta Drive in the City of La Quinta, California ("LQCC Project"). WHEREAS, the LQCC Project was approved as part of Specific Plan 99-036 ("Specific Plan"), which established the development standards and design guidelines for a 332,400 sq. ft. mixed commercial and business park. A copy of said Specific Plan is attached hereto as Exhibit B. WHEREAS, the City imposed as conditions of approval upon the LQCC Project the requirements, as described in the Specific Plan, that the Owner shall install certain on -site improvements and landscaping, including a bike path, and make provisions for the continuous, perpetual maintenance of perimeter landscaping and the bike path until such time as the Owner is expressly released from such responsibilities by the appropriate agency, at the agency's sole discretion. WHEREAS, Owner has provided the City with a faithful performance and material bond to guaranty the construction of the perimeter landscaping along the Highway 111 corridor and the bike path in the amount shown in Exhibit C. The location of the perimeter landscaping along the Highway 111 corridor and the bike path that the City has required the Owner to install and maintain is described in Exhibit D attached hereto. Owner has entered into an agreement to sell Page 1 of 8 SITE DEVELOPMENT MAINTENANCE AGREEMENT Site Dev. Maint. Agree 10-01-02.wpd the Property, which is scheduled to close escrow on or about December 13, 2002. The City and Owner agree that if Owner transfers title to the Property to a new owner, the Owner shall be responsible to ensure that the new owner provides new performance and material bonds in place of the bond provided by Owner and, upon providing sufficient evidence of the same to the City, the City shall release Owner's bond(s). AGREEMENT NOW THEREFORE, in consideration for the approval by the City of the LQCC Project and for other good and valuable consideration, the parties hereto agree as follows: co oration of Recitals. The introductory paragraph and each of the above RECITALS are incorporated herein as part of the terms of this Maintenance Agreement. Obligations of Owner. Owner agrees to install and maintain perimeter landscaping and a bike path on the Property in accordance with the provisions of Specific Plan 99-036. ObligationsR_un_ning with the Prong. City and Owner intend and agree that should any right, title or interest in and to the Property, or any portion or part thereof, be sold or otherwise conveyed or transferred, that the obligations set forth in this Maintenance Agreement shall automatically become the obligations of the new title or interest holder(s). Accordingly, the parties agree that the obligations set forth in this Maintenance Agreement shall burden the Property and bind Owner's heir, successors, and assignees of any or all right, title, and interest in and to the Property, and the covenants contained herein shall run with the Property for the benefit of each and every property located in the City of La Quinta, California. This Maintenance Agreement shall have the signature of the Owner acknowledged before a Notary Public and be recorded with the Riverside County Recorder's Office. Default. In the event that Owner or any such successor fails to comply with the terms of the Maintenance Agreement, the City may serve or mail to Owner, or to any such successor(s) in interest, and post on the Property a sixty (60) day written Notice of Default, which notice shall specify the nature of the default(s) and provide sixty (60) days to cure. In the event that Owner or its successor(s) in interest fail to cure the specified default(s) within the time provided, the City may, at its option, immediately take steps to cure the specified default(s) by curing the default(s) itself or hiring private contractor(s) to cure the default(s), and by imposing a lien against the Property for these costs. Release of Performance Bond. Upon completion and approval of the improvements as described herein, the City shall release any faithful performance and material payment bonds or other security provided by Owner heretofore required by the City for the completion of these improvements. Notwithstanding the foregoing, in the event that Owner sells or transfers title to the property prior to completion these improvements, the Owner will be required to ensure that Page 2 of 8 SITE DEVELOPMENT MAIMNANCE AGREEMENT the new owner provides new bond(s) to replace those faithful performance and material payment bonds or other security heretofore provided by Owner for the completion of the improvements as described herein. Once the newbond(s) have been provided by the new owner, the City shall release those bonds previously provided by Owner. Interpretation. The terms f the Maintenance 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 Maintenance Agreement or any other rule of construction which might otherwise apply. Integration: Amendment. t is understood that there are no oral agreements between the parties hereto affecting this Mainte ance Agreement and this Maintenance Agreement supersedes and cancels any and all previous n gotiations, arrangements, and understandings, if any, between the parties relating to the maintenance of perimeter landscaping, sidewalks, access drives, parking lots, storm drainage improvements including, outfalls to the La Quinta Flood Evacuation Channel, and the required public improvements to the Property, and no oral agreements, previous negotiations, arrangements or understandings shall be used to interpret this Maintenance Agreement. This Maintenance Agreement may be amended at any time by the mutual consent of the parties, or their successor(s) in interest, only by an instrument in writing recorded with the Riverside County Recorder's Office. Severability. In the event that any part of this Maintenance Agreement is declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining portions of this Maintenance Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision(s) is so material that its invalidity deprives either party of the basic benefit of their bargain or renders the Maintenance Agreement meaningless. Corporate Authority. The persons executing this Maintenance Agreement on behalf of the parties hereto warrant that (i) such party is duly organized. and existing, (ii) they are duly authorized to execute and deliver this Maintenance Agreement on behalf of said party, (iii) by so executing this Maintenance Agreement, such party is formally bound to the provisions of this Maintenance Agreement, and (iv) the entering into this Maintenance Agreement does not violate any provision of any other agreement to which said party is bound. Counterparts. This Maintenance Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Binding Effect. This Maintenance Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors, and assignees; provided, however, the foregoing shall not be deemed or construed to confer any right, title, benefit, cause of action or remedy upon any person or entity not a party hereto, which such party would not nor did not otherwise posses. Page 3 of 8 SITE DEVELOPMENT MAEMNANCE AGREEMENT Attorneys' Fees. If any party to this Maintenance Agreement, or their successors in interest, is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Maintenance Agreement, the prevailing parry in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees, whether or not the matter proceeds to judgment. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. THE CITY OF LA QUINTA <:; QZZ�i — STANLEY-SSTW,, Wayor PrEl City of La Quinta, Calis ATTEST By: STATE OF CALIFO County of Riverside Owner: Ill Venture, LLC, a California limited liability company By: SCS Family Limited Partnership, a Nevada Limited Partnership, manager IM By: Woodpark Development Company, nc. a ifornia Corporation Its: Sco yn , President ACKNOWLEDGMENT ) ss. On < i�5/ O �„ , 20 before me, [ ] personally appeared , [ ] the person whose name is subscribe o the within n his authorized capacity, and that by his ignature on person acted, executed the instrument. WITNESS my hand a�officiN seal. to me on tnewasis 4 and ac wledged to me ment th p rson, or the ej Notary Public Page 4 of 8 tA is for said State, is ory evidence to be is the same in upon behalf\of which the �I�puNN�I�u��lu1�I�I1�N�I�IN1 a.�-oa��a„ State of California County of Riverside On It 1 b 1�)00G— before me, Phyllis Manley, Notary Public, personally appeared Scott Gayner , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) PHYLLIS MIANLEY Commission Ir 137M ..Notary Public Ctilitomra Riverside County Comm. OCt 1� a�5 �va,��, EXIUHIT A (PROPERTY DESCRIPTION) Parcels 10, 11 and 12 as shown by Parcel Map No. 29351, on file in Book 197, pages 33 through 36 of Parcel Maps, Records of Riverside County, California. Page 5 of 8 1111111111111111111111111111111111111111111111111111111 a��aoa'�aa� EXHIBIT B (SPECIFIC PLAN 99-036) Specific Plan 99-036 (La Quinta Corporate Centre) as approved by the City Council of the City of La Quints California on September 7, 1999, and as amended on Jun 4, 2002 by the City Council of La Quinta California. Page 6 of 8 111111111111111111111111111111111111111111111111111111 e,�=ea��eeA EXHIBIT C (PERFORMANCE AND MATERIAL BOND(S)) Labor & Material Bond Performance Bond Perimeter Landscape $141,880 $141,880. Bike Path $-0- $289000 Total $141,880 $1699880 SITE DEVELOPMENT MAINTENANCE AGREEMENT Page 7 of 8 EXHIBIT D (DESCRIPTION OF PERIMETER LANDSCAPING) SITE DEVELOPMENT MAINTENANCE AGREEMENT Page 8 of 8 Site o...uw roR 10.01m..NN &�0a7e���IIIIII�NIIIIIINIIIIIIIIIIIII lill lills 0 m CU 0 m QD% KMW Cu 0 n m 1 EXHIBIT D AS PREPAREC FOR ASSESSM:NT PURPOSES MY. NO LIABILITY FOR THE ACCURACY OF THE CATA'SHONiI. ASSESSOR'S PARCEL NPLY WITH LOCAL LOT -SPLIT OR 411.01NC SITE ORDINANCES. 19 20 _ N 30 29 Fx �c DATA: RS E/1/, RS 15//13, tY R/M RS >/92, RS 9/98. R5 14143. RS COT GASP36 LaCorpText2002.wpd-Greg 1 OF 2 604 46 SEC.29 T.5S.,R.7E CITY OF LA QU I NTA 604 . 06 14 i m fU a) co CY) 0 r2`CO Q co CCU .r GD GD @ CU % M1 Gz EXHIBIT D 2OF2 047 MUMM. SJ= MM ASSOMM. DVC Water Service Plan La O% rota Corporate Centre Specific Plan � NOW ,. „,�'- SECTION 29, T. 5 s., R. 7 F. 0 M M i i i i i i it s ar i m r , a. lz u--) cU m as Gn 0 0cu Gnco cu r� a 2 a Exhibit 10 U4 8 rmum,. am &W yn. � Sheet end Landec:ape Croce Sections "1.9 '� E La CX&da Corporate Centro 8pocMte Plan ama� / nt-fM/-�.« 9�CT1ON 20, T. 5 8« FL 7 E. I w PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: VERONICA J. MONTECINO, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P O Box 1504 La Quints, CA 92247 DOC # 2@@9-@@36528 01/26/2009 08:00A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 S R U PA PE SIZE I DA I MISC I LONG RFD COPY M A L 465 426 1 PCOR NCOR SMF NCH ExAM I UNI T: CTY FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE AGREEMENT between City of La Quinta and Fourth Quarter Properties XLIII, as successor in interest to 111 Venture, LLC. Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3•00 Additional Recoedin8 Fee Appliies) Ka I& FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE AGREEMENT This FIRST AMENDMENT TO SITE DEVELOPMENT MAINTENANCE AGREEMENT ("First Amendment") is made as of the /a'�day of J u &m�4, 2008, by the CITY OF LA QUINTA, CALIFORNIA, a California Charter city ("City"), and Fourth Quarter Properties XLIII, as successor in interest tol 11 VENTURE, LLC ("Owner"). RECITALS WHEREAS, the City and Owner desire to amend the SITE DEVELOPMENT MAINTENANCE AGREEMENT dated November 5, 2002 (the "Maintenance Agreement") recorded on July 8, 2003 as Document Number 2003-507395, Official Records of the County of Riverside, California to account for the release and termination of Owner's obligation to build and maintain a bike path, as set forth herein (capitalized terms not otherwise defined herein have the meaning used in the Maintenance Agreement). NOW THEREFORE, Owner and City hereby declare that the Maintenance Agreement is hereby be amended as follows: 1. The following sentence is added to the end of the second paragraph of the Recitals: The City has released Owner from all obligations in the Maintenance Agreement relating to the construction and maintenance of the bike path. Owner's maintenance obligations pertaining to the perimeter landscaping shall continue until released in accordance with this Maintenance Agreement. 2. The First Paragraph of the Maintenance Agreement, entitled Obligations of Owner, is hereby deleted in its entirety and replaced with the following: Owner agrees to maintain the perimeter landscaping. [Signatures on Following Pages] {00126329: vrl IN WITNESS WHEREOF, this First Amendment has been executed by City and Owner in the manner and form sufficient to bind them as of the date first written above. FOURTH QUARTER PROPERTIES XLIII, LLC, a Georgia limited liability company By: Stanley E. Thomas, Manager STATE OF COUNTY OF"o"E A On d/er _,5::, 2008, before me, �) t� yoLS a Notary Public in and for said County and State, personally appeared Stanley E. Thomas, Manager of Fourth Quarter Properties XLIII, LLC, personally known to be (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. [City sign Witness my hand and official seal. NOTARY'v�,Qa r . �o o vN ; pUBUC : 4O o � p o�BeOOU 0 0000%% {00126329: v:) THE CITY OF LA QUINTA B 2414� Z� Name: 77fbMA5 P 64;h� Its: Gar, /r/ANAGtYC STA E OF CALIFORNIA CO TY OF RIVERSIDE �'►//A. , 2008, before mg. in and for aid County and State, personally a (or proved t me on the basis of satisfactory e subscribed to he within instrument and acknc authorized cap ity, and that by his signature behalf of which tie person acted, PUM . Memide yComm. Expires Oct t 401 a Notary Public known to be idenc to be the person whose name is vl ged to me that he executed the same in his the instrument the person, or the entity upon instrument. Witness my hand and official seal. Q� "&' Notary Pu lic (00126329 v } State of California ) ) ss. County of Riverside ) On 1 J 1I?-/ ZL'b02 before me, Phyllis Manley, Notary Public, personally appeared Thomas P. Genovese who proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Cam` �..- (Seal) E - PHYL is MANLEY Commission s 1697796 Notosy K"Ic - Como mio RhwsI0e County MyC0"M pc" ool l6, 201