Huy Vu/DDA & DA Assignment Parcel 1 PM 31116HUY VU, an individual
For DEVELOPMENT AGREEMENT and DISPOSITION AND DEVELOPMENT
AGREEMENT referred to in these documents, including all amendments, see
CP DEVELOPMENT LA QUINTA, LLC file.
Recorded at the request of
Landknedca Developer Services
Subdivision Department
REQUESTED BY
AND WHEN RECORDED MAIL TO:
La Quints Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
4 1rP&47-5� E
reX Crnk �r cm �cord� �
GetVtj nmsen a§a73 $ ASSIGNMENT AND ASSUMPTION AGREEMENT
Dy ON ' 11 uy V IA-,^], f
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DOC # 2008-036j'1541 i 4 200E
06/04/2008 08:00R Fee:48.00
Page 1 of 11' -�CIry f,F IA :,.,rilA�
Recorded in Offiela, Records^irr l,iA4AGE p,
County of Riverside ------- ----
Larry W. Ward .
As5easor, County Clerk 8 Recorder
111111111111111111III11111111111111111III1111111111111
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This Assignment and Assumption Agreement ("Assignment") is entered into this
.q�2Z* of 2008 by and between CP DEVELOPMENT LA QUINTA, LLC, a California
limited liability company ("Assignor) and Huy Vu, an individual (referred to hereinafter
as "Assignee") with reference to the following:
A. WHEREAS, Assignor is the owner in fee simple of certain property located at
the southeast corner of Miles Avenue and Washington Street in the City of La Quinta,
California (the "Property"), which Property is more particularly described on Exhibit "A"
attached hereto and incorporated herein by this reference.
B. WHEREAS, Assignor acq d the Property from the La Quinta
Redevelopment Agency, a public body, cc4oroate and politic ("Agency') pursuant to the
terns of that certain Disposition and Development Agreement dated on or about
December 18, 2003 ("Original DDA"), as amended on or about October 28, 2004, on or
about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006,
on or about August 23, 2007, and on or about March 19, 2008 (collectively the "DDA
Amendments'). (The Original DDA, as modified by the DDA Amendments shall
hereinafter be referred to as the "DDA".)
C. WHEREAS, Concurrently with the execution of the Original DDA, the
Agency and Assignor entered into that certain Development Agreement which was
recorded in the Official Records of the County Recorder for the County of Riverside on
January 5, 2004 as Instrument No. 2004-0005256, and amended by that certain
Amendment No. 1 to Development Agreement executed on or about October 28, 2004
and recorded in the Official Records of the County Recorder for the County of Riverside
on November 8, 2004 as Instrument No. 2004-0885063, and by that certain Amendment
No. 2 to Development Agreement executed on or about November 17, 2005 and recorded
iti the Official Records of the County Recorder for the County of Riverside on December
19, 2005 as hnstrument No. 2005-1045418 and by that certain Amendment No. 3 to the
Development Agreement executed on or about May 6, 2008 and recorded in the Official
Records of the County Recorder for the County of Riverside prior to or concurrent
herewith (hereinafter collectively referred to as the "Development Agreement.")
D. WHEREAS, pursuant to the terms of the DDA and the Development
Agreement, the Property was to be used for a mixed use development project (the
"Project"), including a restaurant ("Restaurant') to be built on that portion of the Property
described on Exhibit `B" attached hereto and incorporated herein by this reference
("Restaurant Property").
E. WHEREAS, Assignor now desires to transfer the Restaurant Property to
Assignee, and concurrently therewith, to transfer to Assignee all of Assignor's rights and
responsibilities under the DDA and the Development Agreement to the extent that such
rights and responsibilities relate to the Restaurant and Restaurant Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. As of the "Effective Date" (as that term is defined in Section 4 below) of this
Assignment, Assignor hereby assigns to Assignee all of Assignor's rights and
responsibilities under the terms of the DDA and the Development Agreement, but
only to the extent that such rights and responsibilities relate to the Restaurant
and/or Restaurant Property (collectively, the "Assigned Rights and Obligations".)
2. Assignee hereby accepts the foregoing assignment of the Assigned Rights and
Obligations, and agrees to be bound by the terms of the DDA and the
Development Agreement to the extent that such terms relate to the Restaurant
and/or the Restaurant Property.
3. The parties hereto acknowledge and agree that Assignee shall not be responsible
for any of the obligations of the DDA or the Development Agreement which arise
from ownership of any portion of the Property prior to the Effective Date hereof,
or which arise from any portion of the Property other than the Restaurant Property
after the Effective Date hereof. As such, a default by Assignor under either the
DDA or the Development Agreement prior to the Effective Date hereof, or with
respect to any portion of the Property other than the Restaurant Property after the
Effective Date hereof ("Assignor's Default") shall not be deemed a default by
Assignee, and Assignor shall indemnify, defend and hold harmless Assignee from
any and all losses, claims or liability, including without limitation reasonable
attorneys' fees and costs, arising from an Assignor's Default. A default by
Assignee under either the DDA or the Development Agreement with respect to
the Restaurant and/or Restaurant Property after the Effective Date hereof
("Assignee's Default") shall not be deemed a default by Assignor, and Assignee
shall indemnify, defend and hold harmless Assignor from any and all losses,
claims or liability, including without limitation reasonable attorneys' fees and
costs, arising from an Assignee's Default.
4. Nothing herein or in the DDA or DA constitutes a representation or warranty by
the Agency that the construction of the Restaurant on the Restaurant Property is
not subject to California Health and Safety Code Sections 33423 through 33426,
or Chapter I of Part 7 of the California Labor Code (commencing with section
1720), and all applicable statutory and regulatory provisions related thereto, and
Assignee expressly waives any right of reimbursement for any "increased costs"
under California Labor Code Section 1781 or otherwise with respect to the
Restaurant or the Restaurant Property. Assignee shall, indemnify, defend, and
hold the Agency harmless, including litigation costs and reasonable attorneys'
fees, from and against any and all claims pertaining to the payment of wages for
the Restaurant and/or the Restaurant Property.
5. The City and the Agency shall be deemed to be third party beneficiaries of the
waiver and indemnity set forth in Section 4 and the warranty and representation
set forth in Section 7.
6. This Assignment shall be deemed effective upon the last of the following events
to occur: (a) conveyance of the Restaurant Property to Assignee as evidenced by
the recording of the grant deed therefor 'in the Official Records of the County
Recorder for the County of Riverside, California, and (b) the written consent to
this Assignment by the City with respect to the Assigned Rights and Obligations
arising under the Development Agreement, and by the Agency with respect to the
Assigned Rights and Obligations arising under the DDA (herein referred to as the
"Effective Date").
7. The parties hereto each wan -ant and represent that they have taken all necessary
corporate action to authorize the execution and performance of this Assignment
and that the individuals executing this document on behalf of the parties are
authorized to do so, and by doing so, create binding obligations as described
herein of the party represented.
8. The terms of this Assignment shall not be amended and this Assignment shall not
be terminated except by written instrument executed by both of the parties hereto,
and only upon the prior written consent of the City and Agency.
9. This Assignment shall be governed by the internal laws of the State of California,
without regard to conflict of law principles.
[End — Signature page follows]
WHEREFOR, the parties hereto have executed this Assignment on the date fast written
above.
ASSIGNOR:
CP Development La Quinta, LLC
A California limited liability company
By: Oliphant Family Trust
Its: Member /7
By:
Richard R. Oliphant
Its: Trustee
By: Oliphant Enterprises, Inc.
Its: Manager
c
By:
Richard R. Oliphant
Its: President
State of Cali rnia )
County of -� .
On allza aiI aLYhY before me,�/ljb,e L C&,l Notary
Public, -T—
personally appeared 6 i g" X 9
who proved to me on the basis of satisfactory evi
is/aee-subscribed to the within instrument, an
title of the officer)
d
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. L. cm
Signature�
M=ftma an
(seal)
State of Califqmia )
County of
On " A) , before me, �,��i,l rL L C�o1< Notary
Public,
iG/L(re in .anq and titleothe officer)
Personally anneared
b17A A
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-
Ware- subscribed to the within instrument, and acknowledged to me that he/AwAhW
executed the same in his/her/their authorized capacity(ies), and that by him
signature(o on the instrument the persono), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JWI! 1. c—lox
GpM"M 117306911
No" Public - cowornia
weroft County
titrt
(seal)
ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE
tea. ......... a>_� �•r..,t: >r-..<,:s�i, sr��t,:=T Yntasf:Se;miC...:,::�t,:.,y.<_a> .:s.:,r-.�c:.as,�...>'�-.. .,% • �s vas... T,.:a �:cr3.,:�sr-.�.>�a
State of Ca7!V
County ofC r`f
On nq - before me,�f��(y—�J1 !�
Daze / Insert Name Title of Cie OMcer I
personally appeared
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 hi hp$ authorized
capacity ), and that by hi it signature)4 on the
instrument the person, or the entity upon behalf of
which the personKacted, 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
Place Notary Seal Above
OPTIONAL
Though the information below is not squired by law, it may prow valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT TH U111BPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUre1BPRI7
"OF SIGN ER
0
YG(,��'VS'+/G�Vi'Vgm�'Vi Vp�'•�4��"✓.1'�4�,4"✓S\�S�Y 'VG(y"VS"✓4�VS'VS�V�S✓4'✓� VSV Si�S'V V�SL,4'Vj`%S�.GL. 't/G�!�<�J�'S/G`4'YS�J S<J��✓1
CONSENT
By execution below, the Agency and City hereby consent to the foregoing
assignment.
1\� �
Y�
Ag SecAl
APPR
RUTA2� &° IYJFTKi9 3 P
Agency Counsel
LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and
politic
Its: Executive Director
La (QDuirila Redl-eve Icpmen4
joL� 511R83
CITY OF LA QUINTA, a California
municipal corporation and charter city
organized and existing under the laws of
the State of Californian
Its: City Manager
''i i� O-C (c" &)('ri4c'
('�JLQ i- (VI l n'
Th-e
�Jes er-�-
STATE OF CALIFORNIA ►
CITY OF LA QUINTA )
COUNTY OF RIVERSIDE )
On June 2, 2008 , before me, Regenia Hensley, 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
capacities, 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. (Seal)
P�'. (5 - X� /
REoIA HENSLEY, Notary Public
Commission # 1521423
Expiration: October 23, 2008
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARCELS 1 AND 3 OF PARCEL MAP NO.31116 IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON
FILE IN BOOK 212 AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS,
RIVERSIDE COUNTY RECORDS AS INSTRUMENT NO.2005-0262238.
PARCEL B OF LOT LINE ADJUSTMENT 2006452 BEING PARCEL 8 AND A
PORTION OF PARCEL 7 OF PARCEL MAP NO.31116 AS SHOWN BY MAP ON
FILE IN BOOK 212 AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS,
RIVERSIDE COUNTY RECORDS IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED ON APRIL 19, 2006 AS
INSTRUMENT NO.0280726.
EXHIBIT `B"
LEGAL DESCRIPTION OF RESTAURANT PROPERTY
PARCEL 1 OF PARCEL MAP NO.31116, FILED ON APRIL 4, 2005,
IN BOOK 212 OF PARCEL MAPS, AT PAGES 60-66, AS
INSTRUMENT NO.2005-0262238.
I certify under penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of Notary
Notary Identification Number
Vender Identification Number
County Where Bond Is Filed
Date Commission Exp
Place of Execution
DATE:!— SPL, Inc. as agent
/�
Signature
3VIh�i%PT C13q y .,
I certify under penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of Notary
Notary Identification Number
Vender Identification Number
County Where Bond Is Filed
Date Commission Exp
Place of Execution
DATE; / — D-6
I (oi Os c� U
,S�PL�, Inc. as agent
Signature
Revised 9/6/06 R.I
DR 002 2 x Notary Sent Declaration RIrIJ,doc
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO
City Clerk / Agency Secretary
AND WHEN RECORDED MAIL TO:
Veronica J. Montecino, CIVIC, City Clerk
DOC 4 2008-0477067
06/28/2008 08:000 Feea1C
page 1 of 15
Recorded iOfficial Re
eords
in official
County of Riverside
Larry N. Ward
Clerk & Recorder
Rssessor �IIIII�IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIII
IIIIIII�IIIIIII
CITY OF LA QUINTA
P. O. Box 1504 S R U PAGE SIZE I DA I MISC LONG RFD I COPY
La Quinta, California 92247-1504
15
M A L 465 1 426 PCOR NCOR SM NC EXAM
T: CTY., .. NI. U3o
ASSIGNMENT AND ASSUMPTION AGREEMENT n
CP Development La Quinta, LLC by and between Huy Vu L
(Southeast corner of Miles Avenue & Washington Street)
Title of Document
qV
7AYUSIAN A
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
REQUESTED BY
AND WHEN RECORDED MAIL TO:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Citv Mana¢er
to Govemment Code § 27383
ASSIGNMENT AND ASSUMPTION AGREEMENT
This,Ass�ignment and Assumption Agreement ("Assignment') is entered into this
�_ dayZst' �i7 sl y and between CP DEVELOPMENT LA QUINTA, LLC, a California
limited liability company ("Assignor') and Huy Vu, an individual (referred to hereinafter
as "Assignee") with reference to the following:
A. WHEREAS, Assignor is the owner in fee simple of certain property located at
the southeast comer of Miles Avenue and Washington Street in the City of La Quinta,
California (the "Property"), which Property is more particularly described on Exhibit "A"
attached hereto and incorporated herein by this reference.
B. WHEREAS, Assignor acquired the Property from the La Quinta
Redevelopment Agency, a public body, corporate and politic ("Agency') pursuant to the
terms of that certain, Disposition and Development Agreement dated on or about
December 18, 2003 ("Original DDA"), as amended on or about October 28, 2004, on or
about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006,
on or about August 23, 2007, and on or about March 19, 2008 (collectively the "DDA
Amendments"). (The Original DDA, as modified by the DDA Amendments shall
hereinafter be referred to as the "DDA".)
C. WHEREAS, Concurrently with the execution of the Original DDA, the
Agency and Assignor entered into that certain Development Agreement which was
recorded in the Official Records of the County Recorder for the County of Riverside on
January 5, 2004 as Instrument No. 2004-0005256 and amended by that certain
Amendment No. 1 to Development Agreement executed on or about October 28, 2004
and recorded in the Official Records of the County Recorder for the County of Riverside
on November 8, 2004 as Instrument No. 2004-0885063, and by that certain Amendment
No. 2 to Development Agreement executed on or about November 17, 2005 and recorded
in the Official Records of the County Recorder for the County of Riverside on December
19, 2005 as Instrument No. 2005-1045418, and by that certain Amendment No. 3 to the
Development Agreement executed on or about May 6, 2008 and recorded in the Official
Records of the County Recorder for the County of Riverside prior to or concurrent '
herewith (hereinafter collectively referred to as the "Development Agreement.")
D. WHEREAS, pursuant to the terms of the DDA and the Development
Agreement, the Property was to be used for a mixed use development project (the
"Project'), including a restaurant ("Restaurant') to be built on that portion of the Property
described on Exhibit "B" attached hereto and incorporated herein by this reference
("Restaurant Property")-
E. WHEREAS, Assignor now desires to transfer the Restaurant Property to
Assignee, and concurrently therewith, to transfer to Assignee all of Assignor's rights and
responsibilities under the DDA and the Development Agreement to the extent that such
rights and responsibilities relate to the Restaurant and Restaurant Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. As of the "Effective Date" (as that term is defined in Section 4 below) of this
Assignment, Assignor hereby assigns to Assignee all of Assignor's rights and
responsibilities under the terms of the DDA and the Development Agreement, but
only to the extent that such rights and responsibilities relate to the Restaurant
and/or Restaurant Property (collectively, the "Assigned Rights and Obligations".)
2. Assignee hereby accepts the foregoing assignment of the Assigned Rights and
Obligations, and agrees to be bound by the terms of the DDA and the
Development Agreement to the extent that such terms relate to the Restaurant
and/or the Restaurant Property.
3. The parties hereto acknowledge and agree that Assignee shall not be responsible
for any of the obligations of the DDA or the Development Agreement which arise
from ownership of any portion of the Property prior to the Effective Date hereof,
or which arise from any portion of the Property other than the Restaurant Property
after the Effective Date hereof. As such, a default by Assignor under either the
DDA or the Development Agreement prior to the Effective Date hereof, or with
respect to any portion of the Property other than the Restaurant Property after the
Effective Date hereof ("Assignor's Default') shall not be deemed a default by
Assignee, and Assignor shall indemnify, defend and hold harmless Assignee from
any and all losses, claims or liability, including without limitation reasonable
attorneys' fees and costs, arising from an Assignor's Default. A default by
Assignee under either the DDA or the Development Agreement with respect to
the Restaurant and/or Restaurant Property after the Effective Date hereof
("Assignee's Default") shall not be deemed a default by Assignor, and Assignee
shall indemnify, defend and hold harmless Assignor from any and all losses,
claims or liability, including without limitation reasonable attorneys' fees and
costs, arising from an Assignee's Default.
4. Nothing herein or in the DDA or DA constitutes a representation or warranty by
the Agency that the construction of the Restaurant on the Restaurant Property is
not subject to California Health and Safety Code Sections 33423 through 33426,
or Chapter 1 of Part 7 of the California Labor Code (commencing with section
1720), and all applicable statutory and regulatory provisions related thereto, and
Assignee expressly waives any right of reimbursement for any "increased costs"
under California Labor Code Section 1781 or otherwise with respect to the
Restaurant or the Restaurant Property. Assignee shall, indemnify, defend, and
hold the Agency harmless, including litigation costs and reasonable attorneys'
fees, from and against any and all claims pertaining to the payment of wages for
the Restaurant and/or the Restaurant Property.
5. The City and the Agency shall be deemed to be third party beneficiaries of the
waiver and indemnity set forth in Section 4 and the warranty and representation
set forth in Section 7.
6. This Assignment shall be deemed effective upon the last of the following events
to occur: (a) conveyance of the Restaurant Property to Assignee as evidenced by
the recording of the grant deed therefor in the Official Records of the County
Recorder for the County of Riverside, California, and (b) the written consent to
this Assignment by the City with respect to the Assigned Rights and Obligations
arising under the Development Agreement, and by the Agency with respect to the
Assigned Rights and Obligations arising under the DDA (herein referred to as the
"Effective Date").
7. The parties hereto each warrant and represent that they have taken all necessary
corporate action to authorize the execution and performance of this Assignment
and that the individuals executing this document on behalf of the parties are
authorized to do so, and by doing so, create binding obligations as described
herein of the party represented.
8. The terms of this Assignment shall not be amended and this Assignment shall not
be terminated except by written instrument executed by both of the parties hereto,
and only upon the prior written consent of the City and Agency.
9. This Assignment shall be governed by the internal laws of the State of California,
without regard to conflict of law principles.
[End — Signature page follows]
WHEREFOR, the parties hereto have executed this Assignment on the date first written
above.
ASSIGNOR:
CP Development La Quinta, LLC
A California limited liability company
By: Oliphant Family Trust
Its: Member
By:
Richard R. Oliphant
Its: Trustee
By: Oliphant Enterprises, Inc.
Its: Manager
By:
Richard R. Oliphant
Its: President
11
3< H�..cN..?S;,I S . SIc�S�c�.�S.�S �5..7. �'5 aS.cTt/c�. S�'c�.?..gt.
County of ! If Ift't nA II P J y�-1
On 5- c-Q,� -bg before me, S / f47 I -
Date , Here Im N a Tab M th
personally appeared
an`
who proved to me on the basis of satisfactory evidence to
be the person(Awhose name* is* subscribed to the
within instrument and acknowledged to me that
hei'40roy executed the same in hi&*dtfA authorized
capacity(i�, and that by his/Yt�r,A* signatureXon the
instrument the personbd, 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
Place NMe,y Seal AEMa
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): —
El Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT.THUNISPRINT
OF SIGNER
oil
Number of Pages:
Signer's Nal
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
LARRY W. WARD Reonox
P.O. Box 751
COUNTY OF RIVERSIDE R)ven i&6 CA 925M-W51
ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000
w.�dg=
NOTARY CLARITY
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows: `�j �,,
Name of Notary:
Commission M
Place of Execution:
I co`rc�s q-8
1
i rl % I /Fla -
Date Commission Expires: % O—W c�-Q1 ;2-0 / 0
Date:
Signatun
r-
Print Name:
M
ACR 186P-AS4REO (Rev. 072005)
ACKNOWLEDGMENT
State of California
County of Riverside
On May 21, 2008 before me, Julie L. COx, Notary Public ✓ :,,
(insert name and title of the officer)
personally appeared Richard R. Oliphant
who proved to me on the basis of satisfactory evidence to be the person( )'-Whose nameW isFare—
sub{s�c�r�i�b�{e��d: �to the within instrument and acknowledged to me that he/sdeftay executed the same in
his/had0ieO authorized capacitypes}and that by his/her/their signature�"n the instrument the
person(sror the entity upon behalf of which the personWacted, 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.
JULIE L. COX
CommWbn a 17308"
WITNESS my hand and official seal. -Confoaft
MrOanmyo- 12Mtr d11 t
Signature C/ 45� ! (Seal)
0
LARRY W. WARD
COUNTY OF RIVERSIDE
ASSESSOR -COUNTY CLERK -RECORDER
NOTARY CLARITY
RMWds
P.O. Box 751
Rivasik CA 92%2-0751
(951)486-7000
w Avaaawao
Under the provisions of Government Code 27361.7.1 certify under the penally of perjury
that the notary seal on the document to which this statement is attached reads as
follows:
Name of Notary:
Commission M
Place of Execution:
lit"6 Cox
30i93
Date Commission Expires: M44 f% o, .2&/ /
Date:
Signature:
Print Name: CPA
�� /" 64
ACR 186P-AS4RE0 (Rev. 072005)
State of California
County of Riverside
On May 21, 2008
ACKNOWLEDGMENT
before me, Julie L. Cox, Notary Public �
(insert name and title of the officer)
personally appeared Richard R. Oliphant
who proved to me on the basis of satisfactory evidence to be the personKwhose name(KisAve-
subscribed to the within instrument and acknowledged to me that he/sfieMkey executed the same in
his/heMheir authorized capacity(ieM, and that by his/herl Wr signatureKon the instrument the
personX, or the entity upon behalf of which the person(pf 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.
.wu, "cox
Commiwbn 0 t 7308"
WITNESS my hand and official seal. Not w 7ublc . cauomia
i
LARRY W. WARD Raorder
P.O. BM 751
COUNTY OF RIVERSIDE RWazide. CA M02-0751
ASSESSOR -COUNTY CLERK -RECORDER (951)4867000
w v jtveeide caw
NOTARY CLARITY
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as
follows:
Name of Notary:
Commission M 1'73 p k 93
Place of Execution: `17gpo L'GfWUi 11a qj. �fG�� a �� , CA
Date Commission Expires: M44'e fc / a , oZ O/ /
Date:
Signature:
i;
Print Name: 4 - Co X
ACR 186P-AS4RFA(Rev. 072005)
CONSENT
By execution below, the Agency and City hereby consent to the foregoing
assignment.
APPROVED AS TO FORM:
R AN & TU R, LP
t
gency tounsel
APPROVED AS TO FORM:
RU &ZCR, LLP
66 Attorney
LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and
Its: Executive Director
CITY OF LA QUINTA, a California
municipal corporation and charter city
organized and existing under the laws of
the State ofCalifornia
By 1/4;�
Its: City Manager
X t�
Isla
STATE OF CALIFORNIA )
CITY OF LA QUINTA )
COUNTY OF RIVERSIDE 1
On June 2, 2008 , before me, Regenia Hensley, 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
capacities, 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
4Z��-
REG-01A HENSLEY, Notary Publi
Commission # 1521423
Expiration: October 23, 2008
(Seal)
If we fall to receive either a formal latter of withdrawal or a revised application
submittal per this letter; within thirty days 'of this notice, our office will consider
these applications automatically w. ithdrawn and close Site Development Permit
2008-908 and Development Agreement 2009-021. in such instance, no refund will
I be available. If you have any questions concerning this matter, please contact me
i immediately.at (760) 777-7125.
Sincerely
i
j .J h •
Planning Director
i C: Deborah Powell, Econdmic Development Project Manager
Huy Vu; Hibachi Restaurant _-CERTIFIED RETURN RECEIPT REQUESTED
.7008 3230 0000 65T3 .9 1
i.
1 ,
i
E)(MIT `B"
LEGAL DESCRIPTION OF RESTAURANT PROPERTY
PARCEL 1 OF PARCEL MAP NO.31116, FILED ON APRIL 4, 2005,
IN BOOK 212 OF PARCEL MAPS, AT PAGES 60-66, AS
INSTRUMENT NO.2005-0262238.
01 /�Q Quiff v CHECK NO. 97850
VU BROTHERS LLC
- 6187
05/10/2011
DATE INVOICE
- __- __DESCRIPTION -. ----------AMOUNT
-------ACCOUNT-
�DEP05/04/=
11`200902!--REFUND
101-0000 228-10 00 09-008 DEV
-
9,815.00.7
'O5/04/11-06=01600004-- --
101---6000 343-08.00 REFUND 2009 021
2,250.00
5p�ad°3
12,065.00
VU BROTHERS LLC
11 ORLEANS ROAD
RANCHO MIRAGE CA
,2270
1189 188011' ii: H L000 2481: 4 L59 28 248 2110
Carolyn Walker
From: Carolyn Walker
Sent: Tuesday, May 03, 2011 10:09 AM
To: 'Jenson, Kathy
Cc: Ramey, Lauren; Deborah Powell; Lori Lafond; Doug Evans
Subject: RE: Hibachi Restaurant - Developer's Deposit
Perfect.
I'll process the request.
Thanks for your help.
Carolyn Walker, Executive Secretary
Planning Department
City of La Quinta
760-777-7118
cwalke la-guinta.orp
From: Jenson, Kathy [mailto:kjenson@rutan.com]
Sent: Tuesday, May 03, 2011 9:51 AM
To: Carolyn Walker
Cc: Ramey, Lauren; Deborah Powell; Lori Lafond; Doug Evans
Subject: RE: Hibachi Restaurant - Developer's Deposit
We have not done anything on that for ages.
M. Katherine Jenson
Rutan 8 Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
714-641-3413 Direct
714-546-9035 Fax
kiensonewtan.com
www.rutan.00m
Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used,
and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal
Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-
2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have
received this electronic message in error, please notify the sender and delete the electronic message. Any disdosure, copying, distribution, or use of the
contents of the information received in error Is strictly prohibited. -
Please consider the environment before printing this e-mail.
From: Carolyn Walker [mailto:cwalker@la-quinta.org]
Sent: Tuesday, May 03, 2011 9:50 AM
To: Jenson, Kathy
Cc: Ramey, Lauren; Deborah Powell; Lori Lafond; Doug Evans
Subject: Hibachi Restaurant - Developer's Deposit
Kathy:
Mr. Huy Vu has withdrawn DA 2009-021 and has requested a refund of the balance of his Developer's Deposit.
The current Charge/Payment Report, from Finance, shows a balance of $9,815.00. (See attached documentation.)
Please verify that it is all right to pay out the balance, or if you have any pending invoices.
Let me know if you have any questions, or need further information, on this request.
Thank you.
Carolyn Walker, Executive Secretary
Planning Department
City of La Quinta
760-777-7118
cwalker(a) la-quinta. org
♦,ILI .i
i
MEMORANDUM
TO: Carolyn Walker, Executive Secretary
FROM: 6KEric Ceja, Assistant Planner
DATE: 5/2/2011
RE: REFUND CHECK - SDP 2008-908; DA 2009-021
APPLICATION WITHDRAWN
Please issue a refund check for the amount of $2,250.00 payable to Mr. Hu
Vuy as he has withdrawn his application for a Development Agreement (DA
2008-021). In addition, please issue a refund of his deposit balance for the
Development Agreement; account number 09-008 ($9,815). He requests that
the check be mailed to the following address:
Mr. Huy Vu
Hibachi Steak House & Sushi Bar, Inc.
71-680 Highway 111, St. A-C
Rancho Mirage, CA 92270
Please issue a refund check for the amount of $1,000 payable to Mr. Sean
Lockyer, as he has withdrawn his application for a Site Development Permit
(SDP 08-908). He requests that the check be mailed to the following address:
Mr. Sean Lockyer
AR+D, LLC
457 N. Palm Canyon, Ste. B
Palm Springs, CA 92262
If you have any questions, please contact me at X7125.
ERIC CEJA
Assistant Planner
Refund Check Memo (VUP 08-040)
April 25, 2011
Mr. Les Johnson
Planning Director
78-495 Calle Tampico
La Quinta, CA. 92253
u
APR SO Wjll
CITY OF IA QUINTA
FILE COPY
RE: WITHDRAW THE APPLICATION FOR SITE DEVELOPMENT
PERMIT (SDP 08-908) AND DEVELOPMENT AGREEMENT (DA 09-021)
HIBACHI STEAKHOUSE a SUSHI BAR - CENTRE POINT.
Mr. Johnson.
We are requesting withdraw our application for the site
above due to lack of fund we are facing at this time.
Please refund any portion that we are still eligible for to
HIBACHI STEAK HOUSE & SUSHI BAR INC.
71680 HWY 111 # A-C, Rancho Mirage CA. 92270.
Please contact me at 760-285-0728 if you have any
question.
Clt y `of La Quinta - OFFICE USE ONLY -
� C.
l Planning Departmelit Cm No. LW
78-495 Celle .Tampico °a"—
La Qwnta, California 92253 LoUWin.Br.� e
(760) 777-7125 FAX: (760) 777423.3 .
APPLICATION FOR DEVELOPMENT AGREEMENT APPROVAL
I
DEVELOPMENT AGREEMENT applications are reviewed and approved of a public hearing by the
! Commission and City Council pursuant to Section 9.250.030, of the Zoning Code.
OCheck here yjor amendment
vt
.APPLICANT VM
(Print) _. _..._._._- ......................_..__. ......_..._....._....
MAILING ADDRESS. 71 LED HW Y III ft- AC' Phone No. 67t - 00 78
CITY, STATE, ZIP: k ILt1 lI &6 GA. 9 2-L7a Fax No. 6 7f O 644� .
PROPERTY OWNER (If
different):fJLi L✓
(fit)
MAILING ADDRESS:Phone No.
CITY, STATE, ZIP: S It I ` Fax No.
PROJECT LOCATION
PROPOSED USE AND
LEGAL DESCRIPTION. (LOT &. TRACT OR A.P:N.):
AIC 'bzc secicp, o,
P:\Applicatiow\DAdoc eh5-t SAa> d
A P o- (D o-t - 040 - C> 6 o +
a S'-0&2 PoR't:
�•,.,c1„•n S <<, �rt1n 2�,
> ihQr7 d:AN .
(C>O.4 - 0+r) - o G8
MINIMUM SUBMISSION REQUIREMENTS:
Draft Development Agreement document.
A completed Environmental Information form with required fee, unless determined to have been
previously assessed.
l A public hearing notification package containing Assessors map pages marling the subject property and
all parcels within a 500 foot radius of the subject property (including contiguous ownership by
application property owner); a typed list of the A) parcel owners within the 500 foot radius, and; B)
'residents/tenants of the parcels within the 500 foot radius. This package shall be certified by a title
company, architect, or engineer; and two (2) sets of typed, self-adhesive, addressed labels for the above
/ parcel owners and residents/tenants shall be provided
@] Filing fee for Development Agreement. If filing multiple applications, the most expensive application .
will be charged full fee, with remaining related applications discounted 50% for each. This discount
does not apply to the Environmental Information form.
NAME OF APPLICANT t CVjo
I Pri t)
SIGNATURE OF APPLICANT v DATE
NAME OF PROPERTY OWNER v
(Please Print)
SIGNATURE OF PROPERTY OWNER(S)
IF NOT SAME AS APPLICANT: DATE
DATE
(Separate written authority by owner,to submit application may be provided)
I hereby acknowledge that this application will not be considered complete until I have submitted all required
documentation and have been notified in writing from the Planning Department, within thirty (30) days of
submission, that the application is complete. I hereby certify that all information contained in this application;
including all plans and materials required by the City's application submission requirements, is, to the best of
my knowledge; true and correct. FALSE OR MISLEADING INFORMATION GIVEN IN THIS
APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. I hereby grant the City authority to
enter onto the property to conduct site inspections and to post requiredpublic notices.
P:AppllcationADA.doc
P.O. Box 1504 .
LA QUINTA, ItALIFORNIA 9.2247.1504
78-495 CALLe TAMFICo: (760) 777-7001
LA QUINTA,'C,ALIFORNIA 92258 FAX (760) 7774101
RE- IN.COMPLETfc .AND INACTIVE APPLICATION -FOR. SITE DEVELOPMENT
PERMIT (SOP 08-908) AND DEVELOPWNTA43REFMENT WA 08.0211
HMACFII GRILL RESTAURANT- POINTf
Dear Mr. Lockyer:
On August 1.2, 2009, our officeforwarded,. to you a letter id'etrtifying that your
application. was complete. At That time, our office was informed of the applicant's
desire. to put the Vpficatjowqn tom, -our 6ffidd s :niit received
ahy co'rtespondence regarding the status of your project application.
.....10oy.....�ur, r.,WI arty. uevelepment Permit and Development Agreement
application have been .identified as being subject to automatic with under the.
Gty's application sunset provisions. As per Section 9.200.070 of the, Zoning
Ordinance, all applications which remain incompie#e andinactive for a minimum six
(6) . month period are forwarded a return receipt warning letter not Eying the
applicant that their applications are incomplete an inactive. If no action is taken by
the applicant regarding the applications within 30 days thereafter, the applications
are automatically withdrawn and'closed. Please be.awaee that this letter serves as
your 30-day warning notification -
If your intent is to not Proceed with your applications until a later date, we request
that you withdraw your applications and re -apply with a new .application. once you
are ready to proceed. By requesting'a withdrawal of your applications in writing,
you will be eligible for a refund of up to 50% of the fees paid; as per Section
9.280 of the Zoning Ordinance.
If we fall to receive either a formal latter of withdrawal or a revised application
submittal per this letter; within thirty days 'of this notice, our office will consider
these applications automatically w. ithdrawn and close Site Development Permit
2008-908 and Development Agreement 2009-021. in such instance, no refund will
I be available. If you have any questions concerning this matter, please contact me
i immediately.at (760) 777-7125.
Sincerely
i
j .J h •
Planning Director
i C: Deborah Powell, Econdmic Development Project Manager
Huy Vu; Hibachi Restaurant _-CERTIFIED RETURN RECEIPT REQUESTED
.7008 3230 0000 65T3 .9 1
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MEMORANDUM
TO: John Falconer, Finance Director
FROM: Doug Evans, Assistant City Ma r — Development Services
DATE: December 15, 2008
SUBJECT: Developer Deposit — Hibachi Restaurant (Huy .Vu)
Vu Brothers, LLC has submitted a developer deposit of $10,000 related to
the Hibachi Restaurant they're proposing in the Centre Pointe development at
Miles/Washington. (Check is attached.) The deposit will cover legal costs
(Rutan & Tucker)-tassociated with the preparation of Disposition and
Development Agreement, and Development Agreement amendments. This
deposit will not be part of the CP Development deposit; we will need a
separate accounting for Hibachi Restaurant.
Please let me know if you have any questions.
Thank you.
cc: Eric Ceja, Assistant Planner
Debbie Powell, Econ. Dev. Project Manager
Kathy Jenson, Rutan & Tucker
Frank Spevocok, lei
Date: 12% 6/98 11 Receipt no: 7954 i * AND 946 LOSTS
Customer Location Name Amount
2255 2M NIBRCHI RESTRURRNI 4
M A/R DEVELOPER DEPOSITS
41DBB8.H8
Trans number: irn$4
VU BROTHERS/HIBACHI t89-M
Ier detail
DECK 1824 41BDDD.DB
Td4I tendered $1911911.011
Tetal payment It"".OB
Trans date: 12/16/08 Time: 14:30:31
W THANK YOU FOR YOUR PAYlW nee
MA�NNM1KNNMNNY V YN1r4N4\NNN144NLNNM1M1
FOR USTIONB ASM Al. 768-777-71M
.City of La Quinta
Planning. Department
78-495 Calle.Tampico
La.QuhMi California-92253
(760) 777-7125 FAX: (760) 777-123.3 .
OFFICE USE ONLY
Caw No. OR—OZ�
Date tea. r I-z
Fpr IN&S�v . .
.Logged in 93rf.C-
APPLICATION. FOR DEVELOPMENT AGREEMENT APPROVAL
DEVELOPMENT AGREEMENT applications are revie*od and approved at a public hearing by the Planning
Commission and City Council pursuant to Section 9.250.030, of the Zoning Code.
a
00teck here jf for amendment
APPLICANT^
(Print)
i81.11 1 OL\gyC23.t �[�<►�11i�i�Jl'�i��:; �.i���TSiLaCCQtCTtZARAWZP�
PROPERTY OWNER (If
j4N 2 6 2009 .
(Print) CrrY OF LA QU"fA
pLANNUOG DE 0
MAU ING ADDRESS: Phone o.
CITY, STATE, ZIP: S R t ` t Fax No.
I
MEMORANDUM
TO: John Falconer, Finance Director
FROM: Doug Evans, Assistant City Ma r - Development Services
DATE: December 15, 2008
SUBJECT: Developer Deposit - Hibachi Restaurant (Huy Vu)
Vu Brothers, LLC has submitted a developer deposit of $10,000 related to
the Hibachi Restaurant they're proposing in the Centre Pointe development at
Miles/Washington. (Check is attached.) The deposit will cover legal costs
(Rutan & Tucker)A associated with the preparation of Disposition and
Development Agreement, and Development Agreement amendments. This
deposit will not be part of the CP Development deposit; we will need a
separate accounting for Hibachi Restaurant.
Please let me know if you have any questions.
Thank you.
cc: Eric Ceja, Assistant Planner
Debbie Powell, Econ. Dev. Project Manager
Kathy Jenson, Rutan & Tucker
Frank Spevacek, RSG
t
% Arm R-076 cosTS