RDA Resolution 2000-01RESOLUTION NO. RA 2000-01
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
LA QUINTA, CALIFORNIA APPROVING AND AUTHORIZING THE
EXECUTION OF A PURCHASE AND SALE AGREEMENT BY AND
BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE LA
QUINTA HISTORICAL SOCIETY FOR ACQUISITION OF PROPERTY TO
BE OPERATED AS A PUBLIC MUSEUM AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH.
WHEREAS, the La Quinta Redevelopment Agency (the "Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan (the
"Redevelopment Plan") for La Quinta Redevelopment Project Area No. 1 (the "Project"
or the "Project Area"); and
WHEREAS, one of the specified activities in the Redevelopment Plan is the
assistance with rehabilitating or constructing certain public improvements including but
not limited to cultural facility improvements; and
WHEREAS, the La Quinta Historical Society (the "Society") has established a
historical museum open to the public (the "Museum") located at 77-885 Calle
Montezuma in Project Area No. 1; and
WHEREAS, the Agency finds that this public museum qualifies as a cultural
facility pursuant to the Redevelopment Plan and that facility is in need of renovation
and expansion in order to adequately address the needs of the community for
preservation and education of the public of the area's historically significant artifacts;
and
WHEREAS, pursuant to Health and Safety Code Section 33445, the legislative
body has found that the acquisition for rehabilitation and expansion of the Museum,
pursuant to the Purchase and Sale Agreement attached as "Exhibit A," is of benefit to
the Project Area and the immediate neighborhood of the Museum; that no other
reasonable means of financing the acquisition and any subsequent improvements are
available to the community; and that the payment of funds for the acquisition and
subsequent improvement will assist in the elimination of one or more blighting
conditions inside the Project Area; and
WHEREAS, the Agency has the ability to finance the acquisition over the long
term but does not have the available funds immediately, and therefore it is necessary
to borrow the required funds for the acquisition from the City pursuant to the same
terms that the City and Agency have previously borrowed funds to support Agency
projects pursuant to the Redevelopment Plan; and
Resolution No. RA 2000-01
Historical Society/Museum
Adopted: March 7, 2000
Page 2
WHEREAS, the Society has experience in operating the Museum and the
Agency wishes to utilize their experience to continue operating it under the terms of
the proposed Operating and Use Agreement attached as "Exhibit B;" and
WHEREAS, the Agency has noticed the time and place and conducted a joint
public hearing pursuant to Health and Safety Code Section 33679 and has provided
the information required including costs, purposes and finding of no alternative source
of funding.
NOW, THEREFORE, THE BOARD OF THE LA QUINTA REDEVELOPMENT
AGENCY DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are incorporated as true and correct findings
by the Agency Board.
SECTION 2. The Agency's purchase of the Museum pursuant to the Purchase
and Sale Agreement is for fair market when taking into consideration the appraised
amount and the benefit to the public in preserving the historical building and
expanding its availability to the public.
SECTION 3. The Agency shall borrow the funds for the acquisition at the 10%
interest rate and repayment terms as prior loans between the City and Agency.
SECTION 4. The acquisition of the Museum is exempt under CEOA pursuant
to Section 1 5325-Class 25(e) as it is an acquisition to preserve a historical resource.
Prior to undertaking specific expansion of the Museum, additional environmental
review will be conducted.
SECTION 5. The Purchase and Sale Agreement and the Operating Agreement
are approved for execution and the executive director is authorized to take all steps
necessary to implement those agreements.
SECTION 6. The Agency Secretary shall certify to the adoption of the
Resolution in the manner required by law.
PASSED, APPROVED and ADOPTED this 7" day of March, 2000 by the
following vote:
Resolution No. RA 2000-01
Historical Society/Museum
Adopted: March 7, 2000
Page 3
AYES: Members Adolph, Pefia, Perkins, Sniff, Chair Henderson
NOES: None
ABSENT: None
ABSTAIN: None
TERRY NDERSON, Chair
La Quinta Redevelopment Agency
ATTEST:
JUNE��REEK, Agency Secretary
La Quinta Redevelopment Agency
(Agency Seal)
APPROVED AS TO FORM:
0 Ld� � �
DAWN C. HONEYWELL, Agency Counsel
La Quinta Redevelopment Agency
EXHIBIT A
AGREEMENT FOR
PURCHASE AND SALE OF REAL PROPERTY
77-885 AVENIDA MONTEZUMA
CITY OF LA QUINTA, CALIFORNIA
BY AND BETWEEN
LA QUINTA HISTORICAL SOCIETY,
A CALIFORNIA NOT FOR PROFIT CORPORATION,
SELLER
AND
LA QUINTA REDEVELOPMENT AGENCY,
BUYER
TABLE OF CONTENTS
1 .
Purchase and Sale ...................................................................................
1
2.
Purchase Price .......................................................................................
1
3.
Payment of Purchase Price .....................................................................
1
4.
Escrow ...................................................................................................
2
5.
Close of Escrow ......................................................................................
2
6.
Testing ..................................................................................................
3
7.
License ..................................................................................................
3
8.
Cost and Prorations ............................................................................... 4
9.
Condition of Title ................................................................................... 5
10.
Agency's Conditions Precedent to Closing .............................................. 5
11.
Seller's Conditions Precedent to Closing ................................................ 6
12.
Warranties and Representations by Seller ............................................... 6
13.
Documents to be Delivered Prior to Close of Escrow ............................... 7
14.
Escrow Holder's Instructions ................................................................... 8
15.
Title Insurance Policy ............................................................................. 8
16.
Broker's Commission ............................................................................. 8
17.
Waiver, Consent and Remedies ............................................................... 8
18.
Certain Limitations ................................................................................ 9
19.
Attorneys' Fees ...................................................................................... 9
20.
Notices ...................................................................................................
9
21.
Gender and Number .............................................................................
10
22.
Entire Agreement ..................................................................................
10
23.
Captions ...............................................................................................
10
24.
Governing Law ......................................................................................
10
25.
Invalidity of Provisions ...........................................................................
10
26.
Amendments ........................................................................................
10
27.
Counterparts ........................................................................................
10
28.
General Provisions Applicable to Escrow Holder .....................................
10
29.
Non -Di scri m i nation ...............................................................................
11
30.
Written Notices .....................................................................................
11
31.
Exhibits ................................................................................................
11
32.
Cooperation on Termination .................................................................
11
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
TO: Foresite Escrow Company ("Escrow Holder")
41-995 Boardwalk, Suite G-2
Palm Desert, California 92211 -S 110
PHONE: (760) 773-S333
FAX: (760) 773-9289
Escrow No. 2-30228 ("Escrow")
Escrow Officer. Laine Floan
Date of Opening of Escrow: I /18/00
APN: 773-101-001, 002 AND 003
Title Order #534724
THIS PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is made this
day of 2000 by and among LA QUINTA HISTORICAL SOCIETY, A
NOT FOR PROFIT CORPORATION, ("Seller") and the LA QUINTA REDEVELOPMENT AGENCY, a
public body corporate and politic ("Agency"), or its nominee. The "Effective Date" of this
Agreement shall be the latest date on which the last of Seller or Agency have executed this
Agreement.
R E C I T A -L S
A. Seller is the owner of that certain real property located at 77-885 Calle
Montezuma, in the City of La Quinta, County of Riverside, State of California, particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property").
B. Seller desires to sell the Property subject to the terms and provisions contained
herein and Agency desires to purchase the Property with funds from its Redevelopment Project
Area No. I for purposes of rehabilitation and expansion of the La Quinta Museum at its current
location.
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and
conditions contained herein and in the other documents referred to herein relating to the
purchase and sale of the Property, and other valuable consideration, the receipt of which are
hereby acknowledged, Agency and Seller agree:
I . Purchase and Sale. Upon all the terms and conditions contained herein, Agency
hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to
Agency.
2. Purchase Price. The purchase price ("Purchase Price") and terms of the purchase
by Agency for the Property shall be the amount remaining on the existing Note and Deed of
Trust in favor of Dimmer Family Foundation with an original balance of One Hundred Fifty
Thousand and no/1 00 (S 150,000). The Purchase Price shall be determined as of the Close of
Escrow.
3. Payment of Purchase Price. The entire Purchase Price shall be payable in cash or
immediately available funds by the Agency at Close of Escrow.
02/17/00 Pagel
4. Escrow. References in this Agreement to the "Opening of Escrow" shall mean the
date a copy of'this Agreement, signed by all parties, is deposited with Escrow Holder. The
Opening of Escrow shall occur within ten (10) business days of the Effective Date of this
Agreement ("Opening Deadline"). Escrow Holder will notify all parties when Escrow has opened.
If Escrow is not opened by the Opening Deadline, this Agreement shall terminate at the election
of any party by delivery of written notice to the other parties and Escrow Holder within five (5)
business days of the Opening Deadline.
By such deposit, Escrow Holder is hereby authorized and instructed to act in
accordance with the provisions of this Agreement. Agency and Seller shall each deposit such
other instruments as are reasonably necessary to close Escrow and complete the sale and
purchase of the Property in accordance with the terms of this Agreement.
Agency shall deposit $3,000.00 with Escrow Holder upon the Opening of Escrow
which will be credited against the purchase price prior to the transfer of title.
The rights and obligations of each party set forth in this Agreement and agreed
to be undertaken by each party are made in --and under the terms of this Agreement
independent of Escrow. The parties shall execute the standard escrow instructions of Escrow
Holder (Exhibit "E"). This Agreement will supersede the standard instructions of Escrow Holder
executed by Agency and Seller in the event of any conflict between the instructions and this
Agreement.
Except as otherwise provided in this Agreement, each party shall pay 50% of the
costs and fees of Escrow Holder; provided however, that any party requesting a special service,
such as courier or overnight delivery service, shall pay for such service.
. 5. Close of Escr . Escrow shall close on the date hereafter specified by Agency
and Seller but in no event later than March 31, 2000 unless extended by mutual written
agreement of the parties. In the event this Escrow is not in a condition to close by May 31,
2000, any party not then in default (which default is the cause of the failure to close Escrow)
hereunder may elect to terminate this Agreement and the Escrow by giving written notice of
such termination to the other parties and to the Escrow Holder. No such termination shall
release any party then in default from liability for such default, including without limitation, the
costs of Escrow. If no party so elects to terminate this Agreement and the Escrow, Escrow
Holder shall close the Escrow as soon as possible.
If Escrow should fail to close for any reason, other than as a result of a default,
the costs of the Escrow and of terminating the Escrow shall be paid one-half by Seller and
one-half by Agency. Notwithstanding the above, should the Escrow terminate due to a
defaulting party, such party shall pay for all Escrow fees.
For purposes of this Agreement, the "Close of Escrow" shall mean the date
Seller's Grant Deed, as defined herein, is filed for recordation with the County Recorder of
Riverside County, California.
02/17/00 Page 2
6. Testina.
a. Seller shall provide to Agency any copies of tests, reports, or studies in
the possession of Seller regarding the physical condition of the Property.
b. Agency shall conduct a Phase I Environmental test to determine if any
Hazardous Materials Contamination is present on the Property.
0) if the cost of the remediation of the Hazardous Materials,
according to the Phase I Test, is estimated to be $10,000 or more (including all consultant and
inspection costs and continuing monitoring costs), or will require six (6) months or more from
the Effective Date to complete, then Agency shall have the option to accept the Property and
perform the remediation or terminate this Agreement.
C. The term "Hazardous Materials" shall mean (i) any "hazardous substance"
as defined by the Comprehensive Environmental Response, Compensation and Liability Act of
1980 (42 U.S.C. Section 9601 et sea.), as amended from time to time, and regulations
promulgated thereunder; (ii) any "hazardous substance" as defined by the Carpenter -Presley -
Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 _qt
sea.), as amended from time to time, and regulations promulgated thereunder; (iii) asbestos,
(iv) polychlorinated biphenyls; (v) petroleum, oil, gasoline (refined and unrefined), and their
respective by-products and constituents; and (vi) any other substance, whether in the form of a
solid, liquid, gas, or any other form whatsoever, which by any "Governmental Requirements" (as
defined below) either requires special handling in its use, transportation, generation, collection,
storage, handling, treatment or disposal, or is defined as "hazardous" or harmful to the
environment.
d. The term "Hazardous Materials Contamination" shall mean the
contamination (whether presently existing or hereafter occurring) of the improvements,
facilities, soil, groundwater, air, or other elements on, in, or of the Property by Hazardous
Materials, or the contamination of the buildings, facilities, soil, groundwater, air, or other
elements on, in, or of any other property as a result of Hazardous Materials at any time
(whether before or after the date of this Agreement) emanating from the Property.
e. The term "Governmental Requirements" shall mean all laws, ordinances,
statutes, codes, rules, regulations, orders, and decrees of the United States, the State of
California, the County of Riverside, the City of La Quinta, or any other political subdivision in
which the Property is located, and of any other political subdivision, agency, or instrumentality
exercising jurisdiction over the Agency, the Seller, or the Property.
7. License.
a. Seller hereby grants to the Agency a nonexclusive right and license
("License") to enter the Property, or any portion thereof, for the purposes of conducting the
Phase I Environmental Test.
02/17/00 Page 3
b. Agency will not take any action, or permit any action to be taken, which
would result in any damage or destruction to the Property, or injury to any person or property
upon the Property. If the Close of Escrow does not occur, Agency will- restore the Property to
the condition it was prior to the conduct of the tests and investigations of Agency.
C. Agency will defend, indemnify, and hold Seller, and the officers, directors,
employees, representatives, licensees, designees, agents, contractors, guests, and invitees of
any of them ("Seller's Indemnified Persons"), harmless from, against, and in respect of any and
all losses, claims, damages, liabilities, deficiencies, and expenses (including reasonable
accounting fees and legal fees, court costs and reasonable expenses incurred in investigating
any threatened action or in enforcing rights under this Section asserted against or suffered by
any of the Seller's Indemnified Persons, in connection with or resulting from an act or omission
of the Agency on or with respect to the Property prior to the Closing Date.
8. Costs and Prorations.
a. Prorations. Escrow Holder shall prorate real property taxes affecting the
Property between Seller and Agency as of the Close of Escrow based upon the latest available
tax bill. The parties agree that if such prorations are inaccurate due to the fact that the latest
available tax bill does not represent the taxes actually assessed, the parties will, as soon as tax
bills actually covering the period during which the Close of Escrow takes place are available,
make such further adjustments outside of Escrow as may be appropriate.
b. Costs to be Paid by Seller. Seller shall pay the following costs:
0) property taxes to date.
00 One-half of Escrow Holder's fee.
C. Costs to be Paid by Agency. Agency shall pay the following costs upon
Close of Escrow:
W The cost of any documentary transfer taxes on the Grant Deed.
00 Fees for recording the Grant Deed.
(iii) Fees for recording and filing all documents required by this
Agreement other than the Grant Deed.
Ov) One-half of the Escrow Holder's fee.
M The cost of a premium for a California Land Title Association
(CLTA) standard policy of title insurance insuring the Property in the amount of the Purchase
Price, together with any endorsements to such policy reasonably requested by Agency.
02/17/00 Page 4
9. Conditions of Title. At the Close of Escrow, title to the Property will be conveyed
to Agency and the Title policy will be issued by the Title Company, subject only to Permitted
Title Exceptions. The obligation of the Agency to purchase the Property is subject to title to the
Property being in the condition specified in this Section. Seller shall not have the obligation to
remove from title the following:
a. Nondelinquent real property taxes.
b. . Nondelinquent bonds or assessment payments.
C. Bonds and assessments.
d. Encumbrances or liens or title exceptions which were placed on the
Property at the request of the City of La Quinta.
e. Exceptions I through 6 listed in the CLTA policy in the name of the Seller
issued April 8, 1998.
10. Agency's Conditions Precedent to Closing. The obligation of Agency to complete
the purchase and sale of the Property is subject to and contingent upon the satisfaction of the
following conditions set forth at or prior to the Close of Escrow:
a. Seller shall deliver through Escrow M an executed and recordable grant
deed sufficient to convey title to Agency in the form of Exhibit V attached hereto and
incorporated herein by reference ("Grant Deed"), subject only to the matters described in
Section I O(c) below, and 00 all other documents referenced in Section I 3(a).
b. Seller is not in default in any of its obligations under the terms of this
Agreement.
C. Title Company has committed to deliver to Agency a CLTA standard
coverage owner's policy of title insurance dated as of the Close of Escrow and approved by
Seller, together with any endorsements to such policy reasonably requested by Agency, and
approved by Seller, issued by Title Company, insuring Agency in an amount equal to the
Purchase Price, and showing title to the Property vested in Agency subject only to:
W Current real property taxes and all unpaid general and special
bonds or assessments;
00 The printed exceptions contained in said Title Insurance Policy;
(iii) Those Permitted Title Exceptions shown in the Preliminary Title
Report approved or waived by Agency pursuant to Section 9 herein; and
Ov) Any matter suffered, approved, or created by Agency or the City.
02/17/00 Page 5
d. The soils condition of the Property is reasonably acceptable to Agency.
e. The environmental condition of the Property has been reviewed by
Agency pursuant to Paragraph 6, and any required Remedial Measures have been satisfactorily
completed to the satisfaction of the Agency pursuant to Section 6 of this Agreement.
f. Seller and Agency acknowledge that there is an existing fence
encroaching on the Property. Seller agrees to cooperate with the agency and the adjacent
landowner to process a lot line adjustment to allow the legal parcel description to match the
alignment of the fence. There shall be no cost to the Seller in processing this lot line
adjustment.
11. Seller's Conditions Precedent to Closing. The obligation of Seller to complete the
sale of the Property is subject to and contingent upon the satisfaction of the'conditions set
forth below at or prior to Close of Escrow.
a. Agency is not in default in any of its obligations under the terms of this
Agreement.
b. Agency shall have deposited with Escrow Holder immediately available
funds in an amount equal to the Purchase Price and Agency's share of prorations and costs
described herein.
12. Warranties and Representations of Seller. Seller hereby makes the following
representations, covenants, and warranties for the benefit of Agency and Agency's successors
and assigns, and acknowledges that the execution of this Agreement by Agency has been
made, and the acquisition by Agency of the Property will have been made in material reliance by
Agency on such covenants, representations, and warranties:
a. Seller is the owner of and has the full right, power, and authority to sell,
convey, and transfer the Property to Agency as provided herein, and to carry out Seller's
obligations hereunder.
b. Seller has not been given notice of any violation of condition of the
Property which violates applicable laws, regulations, codes, Governmental Requirements, or
covenants, conditions, or restrictions, or of improvements or alterations made to the Property
without a permit where one was required, or of any unfulfilled order or directive of any
applicable governmental agency, or any casualty insurance company that any work of
investigation, remediation, repair, maintenance, or improvements is to be performed on the
Property.
C. To Seller's knowledge, no one will, at the Close of Escrow, have any right
to possession of the Property, except as disclosed by this Agreement.
02/17/00 Pa ge 6
d. Seller agrees to provide an adequate lien affidavit at Close of Escrow that
there are no outstanding liens of any nature or kind against the property as of the Close of
Escrow, except as disclosed in the Title Policy.
e. Seller has no actions, suits, or proceeding pending or threatened before
any government department, commission, board, bureau, agency, court, or instrumentality that
would affect in the Property or the right to occupy or utilize the same.
f. Neither Seller, nor any partner of Seller, is the subject of a bankruptcy
proceeding, and permission of a bankruptcy court is not necessary for Seller to be able to
transfer the Property as provided herein.
9- To the best of Seller's knowledge, there are no Hazardous Materials or
Hazardous Materials Contamination on, under, or in the Property.
13. Documents to be Delivered Prior to -Close of Escrow.
a. Prior to Close of Escrow, Seller shall deliver the following documents to
Escrow Holder:
0) The Grant Deed, originally executed and acknowledged, attached
as Exhibit "B";
00 An non -foreign transferor declaration ("Non -Foreign Transferor
Declaration") duly executed and in the form of Exhibit "C" attached hereto and made a part
hereof.
(iii) Such funds and documents as are necessary to comply with
Seller's obligations under this Agreement, or if not delivered, Escrow Holder is authorized to
use Seller's proceeds from the sale in Escrow holder's possession to pay such obligations.
b. Prior to the Close of Escrow, Agency shall deposit, on behalf of Agency.
with Escrow the following:
W The Purchase Price in immediately available funds as referenced in
Section 3 above.
00 The Deed Acceptance originally executed and in the form of
Exhibit "D", attached hereto and made a part hereof.
(iii) Such other funds and documents as are necessary to comply with
Agency's obligations under this Agreement.
02/17/00 Page 7
14. Escrow Holder's instructions. At such time as 0) the conditions precedent to
Close of Escrow described in Section 10 above have been satisfied or waived, (ii) Title Company
is prepared to issue the Title Policy described in Section 15 below, and (iii) Escrow Holder has
received the documents and funds specified in Section 13 above, Escrow Holder shall:
a. Record in the Office of the County Recorder of Riverside County,
California, the Grant Deed (Exhibit "B") and the Deed Acceptance (Exhibit "D").
b. Deliver to Seller funds in the amount of the Purchase Price, less Seller's
share of prorations and costs described herein (including any costs to pay off existing
encumbrances).
C. Secure a Note and Full Reconveyance for the existing lien in favor of
Dimmer Family Foundation with an original balance of One Hundred Fifty Thousand and no/1 00
($150,000) and shall record said reconveyance at the close of escrow.
d. Deliver to Agency the Non -Foreign Transferor Declaration, attached as
Exhibit "C".
e. Report all information required pursuant to Internal Revenue Code
Section 6045(e), and shall provide copies of all such reports to all parties hereto.
15. Title Insurance Policy. At Close of Escrow, the Title Company shall issue to
Agency the Title Policy in the amount equal to the Purchase Price showing fee simple title to
Agency's interest in the Property vested in Agency, subject only to those exceptions described
in Section I 0(c) above, together with any endorsements which are reasonably requested by the
Agency and approved by Seller.
16. Broker's Commission. Agency and Seller represent to each other that no broker
is involved in this transaction and no commissions are due.
17. Waiver, Consent, and Remedies. Each provision of this Agreement to be
performed by Agency and Seller shall be deemed both a covenant and a condition and shall be a
material consideration for Seller's and Agency's performance hereunder, as appropriate, and
any breach thereof by Agency or Seller shall be deemed a material default hereunder. Either
party may specifically and expressly waive, in writing, any portion of this Agreement or any
breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding
or succeeding breach of the same or any other provision. A waiving party may, at any time
thereafter, require further compliance by the other party with any breach or provision so waived
unless under this Agreement waiver constitutes acceptance. The consent by one party to any
act by the other for which such consent was required shall not be deemed to imply consent or
waiver of the necessity of obtaining such consent for the same or any similar acts in the future.
No waiver or consent shall be implied from silence or any failure of a party to act, except as
otherwise specified in this Agreement. All rights, remedies, undertaking, obligations, options,
covenants, conditions, and agreements contained in this Agreement shall be cumulative, and no
one of them shall be exclusive of any other. Except as otherwise specified herein, either party
hereto may pursue any one or more of its rights, options, or remedies hereunder, or may seek
damages in the event of the other party's breach hereunder, or may pursue any other remedy at
law or equity, whether or not stated in this Agreement.
02/17/00 Page 8
18. Certain Limitations. Except in the situation specified in the last sentence of
Section 17, in the event of any alleged default under this Agreement by Seller, or the failure of
Seller to convey the Property to Agency, which failure Agency alleges is a default under this
Agreement, the Agency specifically agrees that it will not seek specific performance of this
Agreement, file a lis pendens with respect to the Property, or take any action which would cause
or result in any exception to title being filed or recorded with respect to the Property. In the
event of any such default or alleged default, Agency will pursue all such remedies for damages
as it may have under this Agreement or at law. If, on the date scheduled for the Close of
Escrow, Agency has fully complied with this Agreement, deposits, or has deposited, in Escrow
the full amount of the Purchase Price remaining to be paid to Seller and all other required
documents, items, and funds, and Agency is ready and willing to purchase the Property and pay
the Purchase Price to Seller, without any reservations or conditions, Seller refuses to accept the
full payment from Agency and sell and convey the Property to Agency, then under these
circumstances, and only under these circumstances, will the prohibitions specified in the first
sentence of the -Section be inapplicable.
19. Attorneys' Fees. in the event of any declaratory or other legal or equitable
action, instituted between Seller, Agency, and/or Escrow Holder in connection with this
Agreement, then as between Agency and Seller, the prevailing party shall be entitled to recover
from the losing party all of its costs and expenses, including court costs and reasonable
attorneys' fees, and all fees, costs, and expenses incurred on any appeal or in collection of any
judgment.
20. Notices. Any notice, request, demand, consent, approval, or other
communication required or permitted hereunder or by law shall be validly given or made only if
in writing and delivered in person to an officer or duly authorized representative of the other
party or seventy-two (72) hours after deposited in the United States mail, duly certified or
registered (return receipt requested), postage prepaid, and addressed to the party for whom
intended, as follows:
If to Seller: La Quinta Historical Society
Attention: Barbara Irwin, President
P.O. Box 1283
La Quinta, California 92253
PHONE: (760) 360-9851
FAX: (760) 772-1194
If to Agency: La Quinta Redevelopment Agency
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92253
Attention: Executive Director
PHONE: (760) 777-7100
FAX: (760) 777-7101
Copy to: Dawn Honeywell, Esq.
PO BOX 209S
Orange, California 92859-0095
PHONE: (800) 350-6812
FAX: (714) 771-1109
02/17/00 Pa ge 9
Copy to: Rosenow Spevacek Group, Inc.
540 North Golden Circle, Suite 305
Santa Ana, California 92705
Attention: John N. Yonai
PHONE: (714) 541-4585
FAX: (714) 836-1748
Any party may from time to time, by written notice to the other, designate a
different address which shall be substituted for the specified above. If any notice or other
document is sent by mail as aforesaid, the same shall be deemed fully delivered and received
forty-eight (48) hours after mailing as provided above.
21. Gender and Number. In this Agreement (unless the context requires otherwise),
the masculine, feminine, and neuter genders and the singular and the plural shall be deemed to
include one another, as appropriate.
22. Entire Agreement. This Agreement and its exhibits constitute the entire
agreement between the parties hereto pertaining -to the subject matter hereof, and the final,
complete, and exclusive expression of the terms and conditions thereof. All prior agreements,
representations, negotiations, and understandings of the parties hereto, oral or written,
expressed or implied, are hereby superseded and merged herein.
23. Captions. The captions used herein are for convenience only and are not a part
of this Agreement and do not in any way limit or amplify the terms and provisions hereof.
24. Governing Law. This Agreement and the exhibits attached hereto have been
negotiated and executed in the State of California and shall be governed by and construed
under the laws of the State of California. Any actions brought to enforce this Agreement shall
be brought in an appropriate court in Riverside County, California.
25. Invalidity of Provision. If any provision of this Agreement, as applied to any party
or to any circumstance, shall be adjudged by a court of competent jurisdiction to be void or
unenforceable for any reason, the same shall in no way affect (to the maximum extent
permissible by law) any other provision of this Agreement, the application of any such provision
under circumstances different from those adjudicated by the court, or the validity or
enforceability of this Agreement as a whole.
26. Amendments. No addition to or modification of any provision contained in this
Agreement shall be effective unless fully set forth in writing by Agency and Seller.
27. Countemarts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute but one
and the same instrument.
28. General Provisions Apl2licable to Escrow Holder. All disbursements shall be
made by your check except payments to Seller which shall be in immediately available funds.
All funds received in this Escrow shall be deposited in one or more of your general escrow
accounts with any bank doing business in the State of California and may be transferred to any
02/17/00 Page 1 0
other general escrow account or accounts. Recordation of any instruments delivered through
this Escrow, if necessary or proper in the issuance of the Title Policy, is hereby authorized.
29. Non -Discrimination. The Agency herein covenants by and for itself and its heirs,
executors, administrators, and assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, age, handicap, national origin, or
ancestry in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of the land herein
conveyed, nor shall the Agency itself, or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or
vendees in the land herein conveyed. The foregoing covenants shall run with the land.
30. Written Notices. In all cases provided for in this Agreement in which a party is
permitted or required to give notice, or to exercise a right or option, including a termination
right, then the notice must be in writing and the exercise of the right or option must be in
writing.
31. Exhibits. The following exhibits are attached hereto and incorporated herein by
this reference:
Exhibit "A"
Legal Description
Exhibit "B"
Grant Deed
Exhibit "C"
Non -Foreign Transferor Declaration
Exhibit "D"
Deed Acceptance
Exhibit "E"
Escrow General Provisions
32. Cooperation on Termination. Upon any termination of this Agreement, each
party will cooperation with the other to execute, deliver, and/or acknowledge any and all such
documents and instruments as may be reasonably requested by the other party to evidence
termination of this Agreement.
02/17/00 Page I I
IN WITNESS WHEREOF, the parties have executed this agreement as of the date first
written above.
F-"n *116
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
AGENCY:
LA QUINTA REDEVELOPMENT AGENCY, a
public body corporate and politic
Executive Director
SELLER:
LA QUINTA HISTORICAL SOCIETY, a
California Not for Profit Corporation
BY.
02/17/00 Page 12
— State of California)
County of
On before me,
personally appeared
0 personally known to me or 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument
WITNESS my hand and official seal. (SEAL)
Signature:
Print Name
State of California)
County of
Commission Expires
On , before me,
personally appeared I
0 personally known to me or 0 proved to me on. the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument
WITNESS my hand and official seal. (SEAL)
Signature:
Print Name
Commission Expires
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUALS
0 CORPORATE OFFICERS
0 PARTNERS
0 ATTORNEY -IN -FACT
0 TRUSTERS)
0 SUBSCRIBING WITNESS
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
(Name Of Person(s) Or Entities)
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUALS
0 CORPORATE OFFICERS
0 PARTNERS
0 ATTORNEY -IN -FACT
• TRUSTEE(S)
• SUBSCRIBING WITNESS
• GUARDIAN/CONSERVATOR
• OTHER:
SIGNER IS REPRESENTING:
(Name Of Person(s) Or Entities)
02/17/00 Page 13
EXHIBIT A
LEGAL DESCRIPTION
LOTS 10, 11, AND 12 IN BLOCK 133, SANTA CARMELITA AT VALE LA QUINTA,
UNIT #14, AS PER MAP RECORDED IN BOOK 18, PAGES 82 AND 83 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
02/17/00 EXHIBIT A
RECORDING REQUESTED BY:
La Quinta Redevelopment Agency
— WHEN RECORDED MAIL TO:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
GRANT DEED DOCUMENTARY TRANSFER TAX SO.00
FREE RECORDING REQUESTED
Essential to Acquisition by the Redevelopment Agency
of the City of La Quinta, California See Govt. Code 6103
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LA QUINTA HISTORICAL SOCIETY,
A CALIFORNIA NOT FOR PROFIT CORPORATION
hereby GRANT(S) to the LA QUINTA REDEVELOPMENT AGENCY, A PUBLIC BODY, CORPORATE AND POLITIC
all right, title and interest in and to the real property and all right, title and interest in and to the improvements
pertaining to the realty which are attached or affixed in any manner to the following described real property
-(Exhibit "A") attached hereto and by this reference made a part hereof, which either generally or for purposes of
this deed are part of that parcel of real property in the City of La Quinta, County of Riverside, State of California,
as described as follows:
SEE EXHIBIT"A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole
owner of the itemized Improvements Pertaining to the Realty conveyed by this Grant Deed free from all liens and
encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above,
including all Improvements Pertaining to the Realty, against all demands and claims of all persons.
Date
State of California)
County of
LA QUINTA HISTORICAL SOCIETY, A CALIFORNIA
NOT FOR PROFIT CORPORATION
BY:
On before me,
personally appeared
0 personally known to me or 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument
WITNESS my hand and official seal. (SEAL)
Signature:
Print Name
Commission Expires
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUALS
0 CORPORATE OFFICERS
0 PARTNERS
0 ATTORNEY -IN -FACT
0 TRUSTERS)
0 SUBSCRIBING WITNESS
C3 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
(Name Of Person(s) Or Entities)
02/17/00 EXHIBIT"B"
EXHIBIT A
LEGAL DESCRIPTION
LOTS 10, 11, AND 12 IN BLOCK 133, SANTA CARMELITA AT VALE LA QUINTA,
UNIT *14, AS PER MAP RECORDED IN BOOK 18, PAGES 82 AND 83 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
02/17/00 EXHIBIT"B"
EXHIBIT "C"
Non -Foreign Transferor Declaration
Section 1445 of the Internal Revenue Code of 1954, as amended ("Code"), provides
that a transferee of a U.S. real property interest must withhold tax if the transferor is a
foreign person. To inform the transferee that withholding of tax is not required upon
the disposition of a U.S. real property interest by LA QUINTA HISTORICAL SOCIETY, A
CALIFORNIA NOT FOR PROFIT CORPORATION, the undersigned hereby certifies the
following:
I The Transferor is not a foreign corporation, foreign partnership, foreign trust,
or foreign estate (as those terms are defined In the Code and the Income Tax
Regulations promulgated thereunder);
9
3.
The Transferor's U.S. employer identification number or social security number
is and
The Transferor's office address or mailing address is
The Transferor understands that this Certification may be disclosed to the internal
Revenue Service by the Transferee and that any false statement contained herein could
be punished by fine, imprisonment, or both.
Under penalty of perjury we declare that we have examined this Certification and to the
best of our knowledge and belief it is true, correct, and complete, and further declare
that we have authority to sign this document on behalf of the Transferor.
DATE:
SELLER
LA QUINTA HISTORICAL SOCIETY,
A CALIFORNIA NOT FOR PROFIT
CORPORATION
BY:
02/17/00 EXHIBIT"C"
EXHIBIT"D"
1-91 4:119JU40144 CU1611 4
This is to certify that the interest in real property conveyed by the Grant Deed
dated , 2000 from LA QUINTA HISTORICAL SOCIETY, A
CALIFORNIA NOT FOR PROFIT CORPORATION ("Grantor(s)"), to the La Quinta
Redevelopment Agency, a public body corporate and politic ("Agency"), is hereby
accepted by the undersigned officer of the Agency on behalf of the Agency on
2000 pursuant to authority conferred by Resolution
No. and the Ag;ncy as Grantee consents to recordation thereof by its
duly authorized officer.
Dated:
LA QUINTA REDEVELOPMENT AGENCY, a
-public body corporate and politic
By:
Executive Director
02/17/00 EXHIBIT"D"
EXHIBIT"E"
GENERAL PROVISIONS
FORESITE ESCROW, INC.
Your duty to act as escrow holder shall not commence until these instructions, signed by all parties,
are received by you. Until such time either party may unilaterally cancel and, upon written request
delivered to you, a party may withdraw funds and documents such party previously handed to you.
2. All funds received in this escrow shall be deposited with a State or National bank with other escrow
funds. Make disbursements by your check: checks not presented for payment within six months
after date are subject to service charges in accordance with your schedule in effect from time to
time. Make all adjustments and prorations on the basis of a 30 day month. "Close of Escrow" as
used in this escrow means the date on which documents are recorded, unless otherwise specified.
All documents and funds due the respective parties herein are to be mailed to the addresses set out
below their respective signatures, unless otherwise instructed. Our signatures on any documents
and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever
provision is made herein for the payment of any sum, the delivery of any instrument for the
performance of. any act "outside of escrow," you as escrow holder shall have no responsibility
therefore, shall not be concerned therewith and are specifically relived of any obligation relative
thereto.
3. You shall not be responsible or liable in any manner for the sufficiency or correctness as to form,
manner of execution or validity of any documents deposited in escrow, nor as to the identity,
authority or rights of any person executing the same, either as to documents of record or those
handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money
and documents received by you as escrow holder, and for the disposition of the same in accordance
with the written instructions accepted by you in this escrow. You shall not be required to take any
action in connection with the collection, maturity, or apparent outlaw of any.obligations deposited
in this escrow, unless otherwise instructed.
Seller represents and warrants, and you shall be fully protected in assuming that, as to any
insurance policy handed you, such policy is in force, has not been hypothecated, and that all
necessary premiums therefore, have been paid. You will transmit for assignment any insurance
policy handed you for use in this escrow, but you shall not be responsible for verifying the
acceptance of the assignment and policy by the insurance company. ESCROW HOLDER WILL MAKE
NO ATTEMPT TO VERIFY THE RECEIPT OF THE REQUEST FOR ASSIGNMENT BY THE ISSUING
COMPANY. You are hereby placed on notice that if the insurance company should fail to receive
said assignment, the issuing company may deny coverage for any loss suffered by Buyer. IT IS THE
OBLIGATION OF THE BUYER OR HIS REPRESENTATIVE TO VERIFY THE ACCEPTANCE OF THE
ASSIGNMENT OF THE POLICY BY THE ISSUING COMPANY.
Deliver assurance of title, and insurance policies, if any, to holder of senior encumbrance or his
order, or if there be no encumbrances, then to the buyer or his order.
6. in the event that the conditions of this escrow have not been complied with at the expiration of the
time provided for herein, or any extension thereof, you are instructed to complete the same at the
earliest possible date thereafter, unless we or either of us has made written demand upon you for
the return of the money and/or instruments deposited by either of us, in which case you may
withhold and stop all further proceedings in this escrow without liability upon your part for interest
on funds held or for damages until written mutual cancellation instructions signed by all parties
shall have been deposited in the escrow, whereupon this escrow will without further notice be
considered terminated.
02/17/00 EXHIBIT "E"
NO NOTICE, DEMAND OR CHANGE OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW
UNLESS GIVEN IN WRITING BY ALL PARTIES AFFECTED THEREBY. In the event conflicting demands or
notices are made or served upon you or any controversy arises between the parties hereto, or with
third parties, growing out of or relating to this escrow, you shall have the absolute right to withhold
and stop all further proceedings in, and performance of, this escrow until you receive written
notification satisfactory to you of the settlement of the controversy by agreement of the parties
thereto, or by final judgement of a court of competent jurisdiction. All of the parties to this escrow
hereby jointly and severally promise and agree to pay promptly on demand, as well as to indemnify
you and to hold you harmless from and against all litigation and interpleader costs, damages
judgements, attorney's fees, expenses, obligations and liabilities of every kind which in good faith,
you may incur or suffer in connection with or arising out of this escrow, whether said litigation,
interpleader, obligations, liabilities or expenses arise during the performance of this escrow, or
subsequent thereto, directly or indirectly.
8. You are hereby authorized to deposit any funds or documents handed you under these escrow
instruction, or cause the same to be deposited, with any duly authorized sub -escrow agent, subject
to your order at or prior to close of escrow, in the event such deposit shall be necessary or
convenient for the consummation of this escrow.
9. All parties agree that as far as your rights and liabilities are involved, this transaction is an escrow
and not any other legal relation and you are an escrow holder only on the within expressed terms,
and you shall have no responsibility of notifying me or any of the parties to this escrow of any sale,
resale, loan, exchange, or other transaction involving any property herein described or of any profit
realized by an person, firm or corporation (broker, agent and parties to this and/or other escrow
included) in connection therewith, regardless of the fact that such transaction(s) may be handled by
you in the escrow or in another escrow. NO ACTION SHALL LIE AGAINST ESCROW HOLDER FOR ANY
CLAIM, LOSS, LIABILITY OR ALLEGED CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER,
HOWEVER, CAUSED OR OCCURRED, UNDER THIS ESCROW OR IN CONNECTION WITH THE HANDLING
OR PROCESSING OF THIS ESCROW, UNLESS BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE
CLOSE OF ESCROW.
10. You are not to be concerned with the giving of any disclosures except as expressly required by
Federal or State law to be given by an escrow agent. Neither are you to be concerned with the effect
-of zoning ordinances, land division regulations which may pertain to or affect the land
improvements that are the subject of this escrow.
11. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered
by this escrow is not in violation of the Subdivision Map Act or any other law regulating land
division, and you as escrow holder are relived of all responsibility and/or liability in connection
therewith, and are not to be concerned with the enforcement of said laws.
12. In the event any Offer to Purchase, Deposit Receipt or any other form of Purchase Agreement is
deposited in this escrow, it is understood that such document shall be effective only as between the
parties signing said document. You as escrow holder are not to be concerned with terns of such
document and are relieved of all responsibility in connection therewith. You are to be concerned
only with the directives specifically set forth in the escrow instruction and amendments thereto, and
are not to be concerned or liable for items designated as "memoranda" in the within escrow
instructions nor with any other agreement or contract between the parties. You are authorized to
furnish copies of escrow instructions, supplements, amendments, or notices of cancellation and
closing statements in this escrow to real estate broker(s) and lender(s) referred to in this escrow.
You are not required to submit any title report issued in connection with this escrow to any party or
agent unless directed to do so by written mutual instructions. You may, however, do so without
incurring liability to any party for such submission. You are hereby authorized to submit such
report to any proposed lender.
13. Time is of the essence of these escrow instruction. In the event of failure to pay fees or expenses
due you hereunder, on demand, I agree to pay a reasonable fee for any attorney's services which my
be required to collect such fees or expenses.
02/17/00
EXHIBIT"E"
14. If a party to this escrow unilaterally assigns or orders the proceeds of this escrow to be paid to
other than the original parties to this escrow, such assignment or order shall be subordinated to the
expenses of this escrow, liens of record on the subject property, and payments directed to be made
by original parties together. If the result of such assignment or order would be to leave the escrow
without sufficient funds to close, then you are directed to close nevertheless, and to pay such
assignments or orders only out of the net proceeds due except for such assignments or order, and
to pay them in the order in which such assignments or orders are received by you. You are to
furnish a copy of these instructions, amendments thereto, closing statements and or any other
documents deposited in this escrow to the lender or lenders and/or the real estate broker or
brokers involved in this transaction upon request of such lenders or brokers. In the event of an
assignment or transfer or interest by operation of law, with or without the approval or consent of
any or all of the parties hereto, you shall retain the right to deduct any and all escrow costs, fees
and expenses provided for herein from said assigned or transferred funds, properties or rights, said
assignment or transfer notwithstanding.
15. If there is no written activity by a principal delivered to this escrow within any six month period
after the time date as set forth in the escrow instruction or written extension thereof, your agency
obligation shall terminate at your option and all documents, monies or other items held by you shall
be returned to the respective parties entitled thereto less fees and charges herein provided.
16. if any check submitted to escrow is dishonored upon presentment for payment, you are authorized
to notify all principals and/or their respective agents of such nonpayment.
17. These instruction may be executed in counterparts, each of which shall be deemed an original
regardless of the date of its execution and delivery. All such counterparts together shall constitute
one and the same document.
18. The parties to these escrow instructions authorize you to destroy these instructions and all other
instructions and record in this escrow at anytime after five (5) years from date of close of escrow.
AGENCY:
LA QUINTA REDEVELOPMENT AGENCY,
a public body corporate and politic
Executive Director
SELLER:
LA QUINTA HISTORICAL SOCIETY, A California
Not for Profit Corporation
BY:
02/17/00 EXHIBIT "E"
RECORDING REQUESTED BY:
La Quinta Redevelopment Agency
WHEN RECORDED MAIL TO:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
GRANT DEED DOCUMENTARY TRANSFER TAX $0.00
FREE RECORDING REQUESTED
Essential to Acquisition by the Redevelopment Agency
of the City of La Quinta, California See Govt. Code 6103
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LA QUINTA HISTORICAL SOCIETY,
A CALIFORNIA NOT FOR PROFIT CORPORATION
hereby GRANT(S) to the LA QUINTA REDEVELOPMENT AGENCY, A PUBLIC BODY, CORPORATE AND POLITIC
all right, title and interest in and to the real property and all right, title and interest in and to the improvements
pertaining to the realty which are attached or affixed in any manner to the following described real property
(Exhibit "A") attached hereto and by this reference made a -part hereof, which either generally or for purposes of
this deed are part of that parcel of real property in the City of La Quinta, County of Riverside, State of California,
as described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole
owner of the itemized improvements Pertaining to the Realty conveyed by this Grant Deed free from all liens I
encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described ab
including all Improvements Pertaining to the Realty, against all demands and claims of all persons.
Date
Date:
LA QUINTA HISTORICAL SOCIETY, A CALIFORNIA
NOT FOR PROFIT CORPORATION
BY:
BY:
State of California)
County of
On before me,
personally appeared
0 personally known to me or 0 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 helshe/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument
WITNESS my hand and official seal. (SEAL)
Signature:
Print Name Commission Expires
CAPACITY CLAIMED BY SIGNER
0
INDIVIDUALS
0
CORPORATE OFFICERS
0
PARTNERS
0
ATTORNEY -IN -FACT
0
TRUSTEES)
0
SUBSCRIBING WITNESS
C3
GUARDIAN/CONSERVATOR
0
OTHER:
SIGNER IS REPRESENTING:
(Name Of Person(s) Or Entities)
EXHIBIT A
LEGAL DESCRIPTION
LOTS 10, 11, AND 12 IN BLOCK 133, SANTA CARMELITA AT VALE LA QUINTA,
UNIT #14, AS PER MAP RECORDED IN BOOK 18, PAGES 82 AND 83 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
Fidelity National Title Company
PRELIMINARY REPORT
!n response to the application for a policy of title insurance referenced herein, Fidelity,
National Title Company hereby reports that it is prea'ared to issue, or cause to be
.,ssued, as of the date hereof, a Policy or Policies of Title Insurance describing the lary 3.-c'
estate or interest therein hereinafter set forth, insuring against loss which, may be?
s.a,-ta;.-7ed by reason of any defect, fien or encumbrance not shown of referreof to as ar
Exception below or not excludedfrom coverage pursuant to the printed Schedules,
Ccndir;ons and Stioularions of said Policy forms.
pri, 7 ted Exceptions and Exclusions from the coverage of said Policy or Policies are set
fc-th i-7 Exnibit A afrached. Copies of the Policy forms should beread. They are available
from the office which issued this report,
T e, f
f �,/s repert (and any supplements or amendments hereto) is issued sol /y fo the purpose
f fL
achlrating the issuance of a policy of title insurance and no liability is assumed hereby.
i z; desired that liab,'fity be assumed prior to the issuance of a policy of title insurance, a
S!nje- or Commitment should be reauested.
7, -- 2b;icyis) of title insurance to be issued hereunder will be policy(s) of Fidek`y 1-ularion,31
insurance Company, a Caffornia corporation.
Pleaseread the exceptions shown or referred to below and the exceptions and exclusions
3et forth in Exhibit A of thisreport careMly. 7he exceptions and exclusions are meant to
p,rovide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered.
It is important to note that this preriminary report is not a wrkren representation as to the
condition of tide and may not list all flens. defects and encumbrances affecting HiM to the
land.
F Ord . M*6%WWTffl&C0"WWW
W
a pfflan.#
'oe
SEAL 71a
ArrW,
Countersigned
Fidelity National Title Company
3,.'l E, Vanatrti'r S,-,t:e x400 9 S.�A BernarC%ic, CA 924CE
(1.109; 0 ;:Ox
PRELIMINARY REPORT
ORDEF NO.: 534724
-ITL-:7 OFF;CER. Briiin Smith Fax (909) 890-3609
TO Fvresite Escrow
41995 F-oardwalk #G-2
Palm Desert, CA 92260
A—, N: Laine
YOUR REFERENCE.: 2-30228
SHORT TFRM RATE: Yes
PPOPERTY ADDRESS- 77885 Avenida Ivioniezurna, -a Quinta, Californ-a
EFFECTIVE DATE: December 30, 1999, 07:30 A.M.
The f-jrr, of P:,-.;cy or Policies of title insurance Contemplated by this report is:
Cal,-ornia Land Title Association Standard Coverage Poficy - 1990
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVSRED BY T.HIS REPORT IS:
A Fee
71 -!TLE TO SAID ESTA TIE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
La Quan--a Historical Society
LA
T IS SITUATED IN THE CITY OF
THE LA NO REFERRED TO IN THIS REPOR
C.U,N7A, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHEDHERETO AND MADE A PART HEREOF
J K *� j K 0 1 . - 2' 1 12,0 0 C
Order No. 53-47�24'
EXHIBIT "ONEn
Lr.= 10, 11, and I --,, in Slock 133, Santa Carniefita at Va!e La Quima, Unit �- I -^I*, as Pler
- ci Maps, '- the office c,� tre Count-, Reco-ze,
Map recorded in Book 18, Pages 82 and 8.1 M
o# sa-id %Ccumtv.
I
�-- - -1 '
� =..,S. i-C^ontinued)
Citer No 5�o-�`24'
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLiCY FORM
'101%1'OULD BE AS FOLLOWS:
Property taxes, which are a lien not yer d%jexinc ca,,.,abie. inc!;jding an� assessmel!.-t
cc;iectec wvth taxes to be le,.,ied f--,r tIng nsmyear 2000-2001
2. Property taxes, inc�uoing any pi�rsCnal rprcrertv taxes and any assessm. ents ccllecr-�!j
with taxes, for the fiScal year I c-99-2000, Asse3sor's Parcel Nurn.ber 77.1- 10 1 -CIO1, 2
Code Area Number: 020016
1st installment: $21-39 Delinquent 2.1 4? Penalf.-Y
I
2.-.d InstallmenT:
$21.39 Open
Land:
$3�,72100
improvements:
$35,648.00
Exemption:
$75,37JO
Personal Property:
$0
Bil" NO.:
000439553
I Supplemental assessment for 19?9-2000
Bill No.:
005972992
1 st Installment:
t55.73
Must be paid by.
December 10, 1999
2nd Instailmerm
$55.73
Must bepaid by:
April 10, 2000
4� The lien of supplemental taxes, if any, asses:;ecl pursuant to the provisions of Chapter
3.5 (Commencing
with Section 75, of the Revenue and Taxation code of the State of
�_aiifomia.
5. Water rights, cl,aims or title to water, whether or not disclosed by the public records.
6. Easements) for the
purpose(s) shown beiovv and rights incidental thereto as granted. in
a document.
3ranted to:
Southern Si�,rras Power Company
Purpose:
aerial and underg.-ound electric structures
Recorded:
October 9, 1926, Book 254, page 471, of Official Peccrds
Affects:
The exact location and extent of said easement is not disciosid (;4
record.
7, Covenants. conditions and restrictions (deleting therefrom any restrictions indicating
any preference, limitation or discrimination based on race, color, religion, sex.
handicap, familial status or national crigin) as set forth in the document
Recorded: January 7. 1965, D�ook 2895, Page 215. of Officlai Records
Said covenants, conditions and restrictions provide that a vioistion thereof shall not
defeat the lien of any mortgage or deed of trust made in good faith and for value.
'7EME: , Onaer r --'7-'-
C�-.n!-irued)
A -Notice of Buildings: ---arthriu3ke &-Ward.. recorded Septernbet _-1 19:, *, aZ
!nstrument Nc. 310521.
Reference ;s made said document for full par.iculars.
A deed of crust to secure an im,;sbteaness in v_ eercun- shov.n ts;0w and ainv ct—
OL,ligancris secured thersby
Amount: 5 15 0, 000. 00
Datel: April 1 1998
Trustor: La Quinta Historical Soc-,e-,v
Trume: Commonweanh Land T:r,-c- Comoan-Y, a %Cafifornia -_:)r0or3,,!0r.
Seneficiar-/: Cimmer Family FouncaTiOn
;-oan No.:
Reco,ded: A:)rii S. 1.298, InStrLment.-Fice No. 1134993� of Official Re..crdn
TP.s Company will require The following documents for review prior to the i3suance of
arly -Jtle as3ur.3nce praMcared utpor, a conveyance or encurnoran�.e by The cotporation
nar-ed, below.
Corporation: La Quinte Historical Scciety,
A copy of the ccrporatior. Sv-Laws and Articles of Incorporation.
An original or certified copy of ,he Resolution authorizing the
transaction contemplated herein.
1.4 the Articles and.!or BY -Laws require approval by a 'parent'
organization. a capy of the Articles and By -Laws of the parent.
'-he ri n
-hT ;s reserved ra add reQu;rements or additional items after cot pletior. of such
'eview.
This Company will require the following do-.urnents for review prior to the issuance C4
=-r,,.- title assurance predicated upon a conveyance or encumbiance by the corporatiori
nzmec! below.
Corporation: La Quini;a Redeveiopment Agency,
ial A copy of the corporation By -Laws and Articles of Incorporation.
(b) An original or certified copy of the Resolution authorizing the
transaction contemplated herein.
(c) tT'the Articles andior By -Laws require approval by a "parartz"
organization, a copy of the Articles and By -Laws of the pamnt.
The right is reserved to add requirements or adc1tional items after completion of su,;h
.-,:view.
END OF ITEMS
� �. , __ . - � _= � r.
ITEMS: ;�Continued) Order Nmz. 5147249
Note 1. Property taxes for the fiscal year shown below are PAID. For prorat-on purpcses ne
amounts are:
Note 2.
Note 3.
AP" ":
Fiscal year
1 st installment-
2nd InsTaltment:
Exernptier.:
Land:
Improvements:
Code Area:
Sifl No�:
77�- 101 -00�4
199 -3-2000
$22.90 Ft,10
$22-80 PA10
$36,667
$335,667.00
36.00
020015
000439555
Property taxes for the fiscal year shown below &-e PAID. For proration purposes -ne
amounts are:
APN:
Fiscal year
1 st Ir.staliment:
2nd Installment:
Exemption.
Land:
Improvements'
C'Ode Area:
Bill No.:
773-10j-002-3
1999-2000
$22.80 PAID
$22.80 PAID
$40,741
$40,741.00
$0.00
020016
000439554
There are NO deeds affecting said land, recorded within six (6) months of the date of
this repcot.
Wiring instructions for FIDELITY NATIONAL TITLE INSURANCE COMPANY, INLAND
EMPIRE, Calitornia, are as follows:
Receiving Bank.
Bank of America
1850 Gateway Blvd.
Concord, CA 94520
Federal Routing No.:
121-000-358
Account Name:
Fidelity National Title Insurance Company
Title Trust Account, Inland Empire
Account Number:
12356-19437
Title Order No.:
534724
TITLE OFFICER: Brian Smith Fax (909) 690-3609
This information is to be included in the wire text.
Note 4. Sector% 12413. 1. California Insurance Code became effective January 1, 1990. This
legWation deals with the disbursement of funds deposited with any title entity acting in
an eserow or subescrow capacity. The law requires that all funds be deposited and
collectod by the title entity's escrow and/or subescrow account prior to disbursement
of any funds. Some methods of funding may subject funds to a holding period which
must exvire before any funds may be disbursed. In order to avoid any such delays. ?.!I
fundings should be dome through wire transfer, certified check or checks drawn on.
California financial institutions.
Note 5. The charge where an order is cancelled after the issuance of the report of title, will De
that amount whicb in the opinion of the Company is proper compensation for the
services tendered or the purpose for which the report is used, but in no event sha!I said
charge be less than the minimum amount required under Section 12404.1 of thL-
Insurance Code of the State of California. If the report cannot be cancelled "no fee"
pursuant to the provisions of said insurance Code, then the minimum cancellation fee
shall be that permitted by law.
!TEMS: (Continued) Orde- No. E34724
Note 6. California Revenue and Taxation Code Section 180^68, effective January 1. 1991
requires that the buyer in all sales of California Real Estats, wherein the Seller shows
an out of State Address, withhold 3-1 !3% of the total sales price as Catiforma STate
Income Tax, subject to the various provisions of the law as therein contained
I
WW
FideHty.National Title
301 Ezt VanderbUE Way - San Bern2rdino, CA 92,48
.WIRE INSTRUCTIONS
Please wire aU fun& for:
Fidefity National Ude
Umd Fmpire Division
San Bernardino & Riverside Counties
to:
of erica
1850 Gateway Blvd.
Concord, CA 94520
ABA #121000 358
Account #12356-19437
Include Title Order Number
e Include Title Officer Name *
NOTICE
N,
,P T* --JU SGJ3H7 SOLO REFINANCED A. HOMIE (RESIDENTIAL REAL PROPERTY� IN
IA BETWEEN JULY 1, 1989 ANC FEBRUARY 28. 199.7, PLEASE READ TiIE
CALIFORiN
F 0. L L 0 \X i NGJ:
Purs-jarit to a Settlemert Agreement in a class acZion lawsuit filleo ir. the Super.or
Cou-, 4--? '_-0s Angeles Count�, a settlement agreement has beer. enteredinto tha,,. Provides
,.;ers-3ns who tought, sol,.4 cr refinanced residential real property in the Stater o Ca',fornta
1k.Z-,r;ean J�jly '11, 1989 and February 28, 1997, with certailh rights. if you are such a person
arid yoj are now engaged in an escrow transaction with Chicago Title Company, Gateway
T;vie Company. Benefit Land Title Company or Fidel'ity National Title insurance Companv
VCL tiave The following rights;
if crie of these companies previously handled a residential escrow transaction for
yo,: ir�v3ived residential real property in which a mortgage, promissory note, or similar
oebt insTrument, repayment of which was secured by a iiiiiy recorded deed of trust. was
fully pa;d. satisfied or discnarged and a reconveyanCe of that deed of trust was executed
and -o/as clelivered to one of those title companies for recording but was inadvertently not
recorded, you have the right to request that a release of obligation or reconveyanc-3 be
'.ecor.:ied M accordance with the terms ci 'Ehe Settlement Agreement.
To obtain this right you must:
(1) Establish to the satisfaction of the title company that you actually closed
an %r., between July 1, 1989 and February 27, 1997, which was handled by one of
the at)ove!lsted title insurance companies, in which a mortgage, promissory note, or similar
debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or
�tischarged and a reconveyance of that deed of trust was executed and was delivered for
recordation tc the title company that handled the prior transaction. Proof of said
t.,ansaction shall be made by presenting a closing statement, preliminary title repor-, titd--a
insurance policy or a paid escrow invoice wMich identifie; you and the prior deed of trust;
a n d
(2) Request in writing the recording of a reconveyance or release or obiijation
;n the everit that one inadvertently had not been previously recorded in the escrow
transaction previously handled by one of the above -named title companies.
if you believe that you are entitled to benefits as a class member, please send your written
requests or any questions concerning the foregoing to Janet Borack, Legal Department,
Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, Irvine,
Calitomia 92614.
EXHIBIT A
Ar-,IERICAN L4NO nTLE ASSOCIA TION
Azsic�ENTIAL T17LEMURANCE P061Cy 16-1-87) EXCLUS*NS
D.M.n �Qu ...DO larq 1.9
4 9
SCHEDULZ 8
EXCEISTIONS
L,� I:- mob- .-"G.
't, 1-c TN9 cc�.. ,v aw 1�, "k-, ;-. '0� 1
A1.1 Cq,,� -V -A 'i" 4
- �4,, __ - � of
A.., 4mv.g w v. t" J�
:-.Wo,
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSiONS FROM COVERAGE
Ul ??� -1- 191 M 1! WAKY -4 ft-
-w--t tov lt. 4:.
a;, "ft. I -
or
f_q._A N wa a, ".ww
-rom 0
'_L-c x L)Vr. )I $,ow
A00-. a0C !0 it" Cho' a ��. at IN.
1-1.ftimV. ... '�. �^ V Ma,3
t.. p..b.4 t u4T.ot Pta,.v
0�� IiA5~Iac&4md Rrhoouw,: 00.00
-vack. .� ImiCe'u. V""w hAo ocq�ad P:v tc. of
t"T. "
I- 114fif. Or 3 F..clwo I. .— -t�4 IrkC1~430
M�2. -%ot-ad, -ft.ld Q, W-A te 5v ... -&A M�.Wo
W kr� 96 f-'a C-2M9-l-. -41 'AGWO.0 � INO 2L4iW Wd� A t
.-W.4 ILWA;.fA Md 'W 0"*Men . was..., -.a p..
-1-14 t..C� " md-d -ow. -I- -Ai,.Cv.
.-MN A A& wo - 4�*" 11) I� .wl
o, ,"as joisis"u-1 IV vp ft&
f-st"m � cl, dam*]. l.CvDn M.Af ruot MV.1. b-. 1.0
I a- !& :f. -I... vfAft�. � -.4 jb� 11.4 Voc.,
'4". a,. i (a ?a l%L"Ad 1�4 1- 0! .0 A
*�S.. -4 p(Acy. w 110 -Wkbt% a, .~. .0 w __ -my %wh
t '- ft�aolo d- q ba�m I— W Cho a r.a. r,. 40.1 t 4n.Mq.
mv~� - W 10 h- N It- Ilm- fwwl,.W� :4
1� #,"act- _WmAc" by it. W-jr*d mvx;ae" q . bo�a 'o-,
a awn," wo,"N 1
0 A-v w— *4 *1 "a Crudeegor. .," w. j!. ft:�t. v ~0_7
'6- POi-lY 0 IN- tfgrl!IMMOC� OP^Mdl* frM PMV-C Of **v.nWpqG lw4k.. -_j
llwivod ba%'etwolcv. MISR* stoolvorrv. I, am" WWWWA* "t-t-a
SCHEDULE 3
EXCEPTIONS FROM COVERAGE
4..-., ,a,, - Qa" 1&,.d ". cAhl%oww ad C,,, pa, rM. . -sow- -W, a- ov
PART I
. . .... ..... . ,' W. "" crvw� amo glowc&rm boo zi� mutemlit *I ff.� laxn &.rvr_,!y Cho 1 — W dAMMClfWVM. Do �'Ja�4 A.C, .1 _:,C �,, !?- p,.% ..3,
a', 40 0,0011CIV IF wf 9. owbK 'somilla. Pro~p b. . guboc �,Jd-f A Mwjmw�l 004111law .. b..ndwv _.. 0""fig- m o'f W_
;Axos " a l."" co a,-.ft wocom*qx -r-%w C. -of roan --I -.-" am.Ad ibaesoft. �A -%Cn ar-ol oo�n �y r;w�
X., , z e 0- ;.,bw 10"40C. ',WsCr_4-d �.rwry aim- w tmlvlj..W. "N.- .8
0, -Wr,.n sq- n6l we- vv It* g.Wc F"vo. b -,.I+ .jd as limow. :1- *40. harcl, -I..- . MW ..994"s W.J.
�.v t.,m , C:r, I%." be --,"I by -.� -n V.. Irmool 4�, �N. of 4?:� No MVMA by it" W."c tom".
EXHIBIT A
ArtIRICAN LAND TITLc_ ASSOCIA";ON 40AP-1 POLICY 11 C-1 7.92)
..,rH A_T.A. Ee.Nf_',OP.SEr-.19NT,F0R%1 1 COVERAGE AND
AT;1EF::.'AN LAND TITLE ASSCZ14TION '_fASEHCL-:1 LOAN POLICY 110-17-92!
WITH A.L.T-A. ENOORSIMENT-FORM I COVERAGE
ScrtEDULE OF FXCLUS',CNS FROM CCVfRAGE
Z-, 'L�. 2,
.;o t4 w -utw-.t tr.z; 2 -K4w- ew !�A �4or-j
~%AT#M F't1n 3 11-VAW C# Sq';-4 "VOT.).
A. (up, .0 w4lr%.
71- 10: .4'..'0" &V1.4i 200- anal-ef're
W 60A C' ffA#~ I IW4140 !-GM. a --W~. Or 3--7-4
1. 13 1p", -c-xime -n !nm rib" ".m ir or- of. 11acv,
e,-,. - :."Iq '.Zrw� w '� __Q_ ff�.w mm t _. '~%x4 . ob- m.%R: wwft
1-' .4- . -aegxv.- war!.,
-ad 1.4'� "I.W.t
MZ.
s A NRA 2. 51"
14 U-
"..w AA� had bjw
wv
;vc-mr-en W I
5 1.- ..A.Am. .4" ft law to I.- -li-,
"st.3111 ovwtpbw
!"am imaj vwftco . wtf_"4 'or am
f. MAP� 0 - 'In DV olec-4 at
40v t4mer. vAvc-. v� " Z? jew wm��,bw) fo" tf. �*; ot
"bev ov -on 41 .1v op -ow, of -ftsms bvk�wcv' vl�
Ia.-, 19,4 . bow ft.:
A- frA'-fifWat".ut-� ftwat4Q JnAjrAff� Qf lt�Jr"C
o IfArAtw: m
Vvwo-~: a,
.'Acftp-. 1,.Wft '_'Im 6.9- 0.. f.wwo
. 14 .. tvb I .�wc th. .~.Ftom v ��wft' a
W 4: -�t. 1-44". to momf tWd* TC a Vol.- .1-0
AMERICAN LAND TITLE ASSOCLkTION OWNEWS POLICY (10-17-921 AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POUCY 110-17-92)
SCHEDULE OF F_XCLUSIONS FROM COVERAGE
61.d�c 'I". I!- 1*1.ca" of u" powv
00. .".1 w ..Iwow -'y -
4
to ousoc _wno 1JR.A,
..rg w oft
I.. 1r.lct 0! a" .."W. C.' 'r�._
Of '� - -
A1.4.d -039-1
f)m. ot ;.*.a%
A�.. .tw to 'to Cal WR M4 14 1 -
Wlcumorv -*Dkdhrc ff� - vew~ 9, a p
at
-o- trwcf kn DWOK
t- "A'Ale-V 11-01- -11 TAKM or-.( to Or- 0 P*��
-.Pew� %�.A-kft
i0l �vl v,1cth*(,@mqmnv. ftAl.CW4Vl.i:. Pulft I-- M
f1^R6Im No -w - ', � --.p -0 'r.
nemm b-mmA - omcd .~ "m Vm"
.,N no p oftwoe ic -- m..3 4.mxr.
44: .�xw�n W to 01. Of 61W.-T -
w) ~h "44 .� 1- 2-1.
vm W~Ad bv 9" PW.V.
L %� assm wit t4 tM Vwww.Uq. ~..q a, 1.
I!" '.�' .4 If* t.4.0 bk'
.sobw. i-, jr� A %._ ".
Q M. 7jmwl�, -j*AmC �hs -Aw. & rdam -o.4 C. I---.
� GfW -var� at to MUCROWr T wedft, Or
'011 oft bw*&mw% "WAN19 the owste 0 bv&om wvft�4 wv ?ft% 0��. 3�� 1pmw-v
bow" &a-*" wAmwe " rwesmaind vArww ev"Ah tf_-� rh0'.j'k'%.
'a) -9 IA-V remd "w WsTruff4m or twuh.. a
ej sich tdcwlj~ to Ar-allm m.mV to 6 ".0- 1- . d'� 0.
r�o -0.. A6:A 0069, l%VMfi b. �W to Wf(040 -Rh� it.14W4 C- kl-V0.01 W Rrwwn 'w 0
abo. . kxcu� tqm it- iomm bw� 'o&_wcw .. a vm a.* ww*.46 Tp. kaw-c
C.Wwdi cxpw�s-
SCHEDULE B
EXCEPT'ONS FROM COVERA-3E
2' fcr 'o.. a, *v so law low ;4,00" .0 V .00�1 �"% W.A. bv ..Mbc- 0
PART 11
. "w'!, !r.01
r. ..t rlo� Ill I- W*� -.0. _Vo- wol I.
c I _� .1. 1- ~-w c� gwjA -n ;op-.*r 'waef
�� or . 'C".. M_-h m. 'c- ". .. "
006m, n bmwam, 4101. d6j. .1 '� . �!:. -I
a `;� *"." �V`Ad "CAM, aw. -Cf:rl NA. F101, %N
j.�' j:-:jXW.t" WfWV -albMg. 1b. ""'MK'W r
--.JaM@ '.hpm;t. IQ 0004. *d... . hilt 0
i-C I- nR it? W. �� bv 0-.61,Rt "Oba"
EXHIBIT A
(CONTINUED)
,W-AERICAN LAND -a ITLE ASSOCIAT!ON
kOrilEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOVP. FAMILY RESIDeNCE (10-17-98)
EXCLUSIONS
cK,,. ."I& atjc.�., Ia.,. jr4 _r__ "Off.-
aascr4me Ca-ws 9-to 14. 6, 17
-7 1-1 Par. 01 f%4'. -C W t-tttaltucidd 1� a6C"CL&ftl --nn
4� m: jwf to vambam at bwkam ronc. M Itt.
t ZP A 'nU POUCv 004
413 :,. :A.4.mW4 ". A�,
-IN am... a, me � j k--Wd. a -@,. ilwc� Clv dic
a--,! wtc -t- 0.*cv 2m. " io 1pr4re �, fc-,: . fou t"Jum Tito L orto —row
4 (4.g,
.1. N.
— b. t4m A* Ktavwv to Yo. ..I.,ry clalo-v tut -.m -.v �r. -t
'*:a to lm:
"TOr t%, -ow., !!'.4 ft-. w 6--wq
I-V vl T."..
46 AIW L" NA-WW '.he 644 9 ..d ohw� 1� I -.araVe"� A of '-d la&ot,
am
� ...AA. Mleg. w -.tmwwfs Ow l"Ah nu Law.,
frot G"Wour, do. no I~ me ccwww" d�.t�wilw :%w L
RFESIDENTtAL T)TLF INURANCE POLICY
ONE -TO -FOUR FAMILY RESIDENCE
ENKANCED VERSICN 11997)
SXCLUSIONS
7- .0 -'rotV .90,m ;o", CO.A.. '0701rays � og�d omp— ft—
.. � 3 '.. .- 01 "c"tio" .1 89" 'a� ,
ar, .,z a— mto .Aabovio eoccwvv
0--- il— ,d t. lo.ld lU Of CO.W.4 Nle ��l
4 .0 Woao:
mooms A me wcw �Qo � T-W ft�, Datt, a
I'll" Pa. 4m to bldbf4 � lw A � 00,9m At. Ltm
J T:lo %Z:m,
1. that . -Mod. ald. :tr or. -A -0 tv V�,:
Irl-0 0. 14.0twt 11) vow. wt -.0 TO A Of, �4_ np...) W. iiflat.
9.0 -A
-r�a to- vftbc� (I.A. it.. 4Q.. '4�
tb. 7 ar4 !.1 '4 �:Gvw
to O*T vw� K-
%Ctw",6- A W (b. Aloys, a
� --Mmocin coat w ft: tr� v, 7-14 3a
L!i
Aw WTI 11,
WIDFCWWNM wl= Tv#*w"#q ;,u-qlw
a" jo ^M",ft
am"m" up
4 *k-"y 'Alm Aom"M ftow"
vopmww " I it&*" Now a Md oft
(I:n�pp
Qq
.
0,-
0 7
Ar
(D
*I
fs
it TF.
I �1%1 I Iffilil
EXHIBIT B
OPERATING AND USE AGREEMENT
THIS OPERATING AND USE AGREEMENT is made and entered into this
day of February 2000, by and between the La Quinta Redevelopment
Agency, a public entity, hereinafter referred to as the 'Agency," and the La Quinta
Historical Society, a nonprofit corporation herein referred to as the "Society.'
WHEREAS the Agency is in the process of acquiring certain Premises and
improvements located at 77-885 Avenida Montezuma in the City of La Quinta
("City"), particularly described in Exhibit "A" --attached hereto and incorporated
herein by this reference (the "Premises") in Project Area No. 1 for the purposes of
rehabilitating and ultimately expanding the Premises as a public museum pursuant
to the authorization in the Redevelopment Plan for expenditures on cultural
facilities; and
WHEREAS the Agency desires that these properties be maintained as an historical
museum by the Society; and
WHEREAS it is contemplated that the Agency shall continue to own the Premises
during all renovation and expansion construction phases and tha t the Society shall
operate the facility in cooperation with the Agency pursuant to the terms of this
Agreement; and
WHEREAS the Society has operated the site previously and sponsored related
programs since February 13, 1994;
1
NOW THEREFORE the parties hereto agree as follows:
1 . TERM
This Agreement shall be for a term of'one (1) year, commencing on
March 15, 2000 and terminating on March 14, 2001.
2. RENEWAL
This -Agreement shall be automatically renewed each year unless either
party gives a minimum of thirty (30) days written notice of intent to
terminate.
3. RESPONSIBILITIES OF THE LA QUINTA HISTORICAL SOCIETY
During the term of this Agreement, the Society shall provide the
resources necessary to:
a. Operate the Historical Society Museum free of charge to the
public a minimum of twenty-seven (27) hours per week for
public visits from October through May of each year (hours of
operation: Wednesday - Saturday, 10:00 a.m. - 4:00 p.m.,
Sunday, 1:00 - 4:00 p.m.) and a minimum of 12 hours for
public visits during June and September (hours of operation:
Friday -Sunday, 10:00 a.m. - 2:00 p.m.
b. Provide all necessary indoor staffing and janitorial services;
OA
C. Secure and display significant historic collections of
photographs, furniture, books and other materials which
accurately portray the historic development of the City of La
Quinta and the Coachella Valley;
d. Promote the public use of these facilities through local and
appropriate regional media;
e. Provide general liability insurance and exhibit insurance to the
satisfaction of the Agency;
f. Provide educational programs such as speakers and field trips
for students and adults;
9. Pay for all utility costs associated with operation of museum
and grounds (e.g. water, phone, electric, sewer, cable
television, gas).
4. RESPONSIBILITIES OF THE AGENCY
During the term of this Agreement, the Agency, through its
appropriate agencies, shall provide the resources necessary to:
a. Repair interior and exterior damage and/or breakage to said
Premises and structural contents thereof (not to include
damage to exhibit materials);
b. Provide maintenance of Premises including landscaping and
parking lot areas;
3
C. Secure fire and property liability insurance or self-insurance.
The property insurance shall not include coverage for the exhibit
materials.
5. USE OF PREMISES
The Premises shall be used for no other purpose than display of
historic collections, administration of education programs and Society
sponsorship of meetings for fundraising or to conduct official Society
meetings, and to support operation of the museum and its goals
without the written consent of Agency, and Society shall not allow
the facility to be used by any other individual, group or organization
for any purpose without express written consent of Agency. The use
and operation of the Premises by the Society shall be in accordance
with all ordinances, resolutions, rules, regulations and laws of the City
of La Quinta and'any Federal, State or local governmental agency of
competent jurisdiction.
6. ALTERATIONS
Society agrees not to make or allow to be made any change, alteration
or addition to or in any of the Premises or improvements without first
obtaining written consent of Agency. All such alterations shall be
made by Society at its own expense and Agency shall be held
harmless from any costs or liens as a result of such alterations or
improvements.
1H
7. CONTRACT ADMINISTRATION
The individual from the Society designated to be the principal and
representative for performance pursuant to this Agreement is: Its
President or his/her designee.
The officer of the Agency in charge of administering this Agreement
is: City Manager or his designee.
8. TERMINATION
After the initial one (1) year term, this Agreement may be terminated
at any time by either party, with or without cause upon thirty (30)
days written notice.
9. ACCESS
Agents of the Agency or City may enter the Premises at any and all
times for the conduct of municipal business or to inspect the Premises
for compliance with the municipal code and other applicable laws, or
in response to an emergency situation that imperils life, limb or
property.
10. INDEPENDENT CONTRACTOR
Neither the Agency nor any of its employees shall have any control
over the manner, mode or means by which Society, its agents, or
employees, perform the services required herein, except as otherwise
5
set forth. Society shall perform all services required herein as an
independent contractor with only such obligations as are consistent
with that role. Society shall not at any time or in any manner
represent that it or any of its agents or employees are agents or
employees of the Agency.
11. INDEMNIFICATION
The Society shall defend, indemnify and hold harmless the Agency and
the City, its officers, employees, representatives and agents, from and
against any and all attorneys' fees for injury to or death of person(s),
for damage to property (including property owned by the Agency) and
for errors and omissions committed by Society, its officers,
employees, and agents, arising directly out of or related to Society's
performance under this Agreement, except to the extent of such loss
as may be caused by Agency's or the City's own negligence or that of
its officers or employees.
12. CALIFORNIA LAW
This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or
matter arising out of or in relation to this Agreement shall be instituted
in the Superior Court of the County of Riverside, State of California, or
any other appropriate court in such county, and Society covenants
and agrees to submit to the personal jurisdiction of such court in the
event of such action.
13. CONFLICT OF INTEREST
No officer or employee of the Agency shall have any personal interest,
direct or indirect, in the Agreement nor shall such officer or employee
participate in any decision relating to the Agreement which effects his
personal interest or the interest of any corporation, partnership or
association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Society warrants that it has
not paid or given and will not pay or give any third party any money or
other consideration for obtaining this Agreement.
14. COVENANT AGAINST DISCRIMINATION
Society covenants that, by and for itself, its heirs, executors, assigns,
and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status,
national origin or ancestry in the performance of this Agreement.
Society shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, marital status, national
origin or ancestry.
15. INTEGRATED AGREEMENT
This Agreement contains all of the agreements of the parties and all
previous understandings, negotiations and agreements are integrated
into and superseded by this Agreement.
7
16. AMENDMENT
This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing signed by both parties.
17. SEVERABILITY
In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not
effect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement which are hereby declared as severable
and shall be interpreted to carry out the intent of the parties
hereunder.
18. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the
parties hereto are formally bound to the provisions of this Agreement.
19. SUCCESSORS AND ASSIGNS
All provisions of this Agreement are binding upon any successors,
assigns and representatives of the parties hereto and inure to the
benefit of any successors and assigns of the parties hereto.
1�
IN WITNESS WHEREOF the parties have executed this Agreement on the day and
year first written above.
ATTEST:
BY:
Agency Secretary
APPROVED AS TO FORM:
LA QUINTA REDEVELOPMENT AGENCY
Executive Director
Dawn C. Honeywell, Agency Counsel/City Attorney
REVIEWED AND APPROVED: By:
President, La Quinta Historical Society
\\LAQUINTA\VOL1\SHARED\citymgr\BRITT\OPERATING AND USE AGREEMENT-doc
* -------------------------- : metmoscim / juvwxXide
Owner :La Quinta Historical Society
Site :77885 Avenida Montezuma La Quinta 92253
Mail :PO Box 1283 La Quinta Ca 92253
Use :CO5 Off,General Office Buildings
Plat :Santa Carmelita At Vale La Quinta No 14
Bedrm: BthF3H: Bldg SF:
* -------------------------- MetmoScan / Rivr=side
Owner :La Quinta Historical Society
Site :*No Site Address*
Mail :PO Box 1283 La Quinta Ca 92253
Use :C24 Vacant,Commercial Land
Plat :Santa Carmelita At Vale La Quinta No 14
Bedrm: BthF3H: Bldg SF:
* -------------------------- MetmoScan / RIvrraide
Owner :La QuintA Historical Society
Site :*No Site Address*
Mail :PO Box 1283 La Quinta Ca 92253
Use :C24 Vacant,Commercial Land
Plat :Santa Carmelita At Vale La Quinta No 14
Bedrm: BthF3H: Bldg SF:
EXHIBIT A
: ----------------------------
Parcel :773 101 001
Xfered :04/08/1998
Price :$150,000 Full
OwnerPh :
MapGrid :849 F7
YB: Pool:No Ac:
: ----------------------------
Parcel :773 101 002
Xfered :04/08/1998
Price :$150,000 Full
OwnerPh :
MapGrid :
YB: Pool:No Ac:
: ----------------------------
Parcel :773 101 003
Xfered :04/08/1998
Price :$150,000 Full
OwnerPh :
MapGrid :
YB: Pool:No Ac:
The Informacior. Provided Is Deemed Reliable, But Is Not Guaranteed.
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