ORD 495ORDINANCE NO. 495
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF LA QUINTA AND VPAH, LLC
DEVELOPMENT AGREEMENT 2011-022
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement Law") authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public
planning process, encouraging private participation and comprehensive planning,
and identifying the economic costs of such development; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did,
on the 27th day of September, 2011, certify an environmental determination and
approve Village Use Permit 2008-042 for the Village Park Animal Hospital under La
Quinta Planning Commission Resolution 2011-015, subject to conditions,
particularly Condition No. 4, requiring that a Development Agreement be prepared
for the project; and,
WHEREAS, the Planning Commission of the City of La Quinta did, on the 8`"
day of November, 2011, hold a duly noticed Public Hearing to consider the
Development Agreement, and did in fact adopt Planning Commission Resolution
2011-017, recommending approval to the City Council; and,
WHEREAS, the City Council of the City of La Quinta, California ("City
Council"), did on the 20th day of December, 2011, hold a duly noticed public
hearing to consider the Development Agreement; and,
WHEREAS, at said City Council Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons wanting to be heard,
said City Council did make the following mandatory findings to justify approving
the Development Agreement:
1. The proposed Development Agreement is consistent with the objectives,
policies, general land uses and programs of the City of La Quinta General
Plan, and the Conditions of Approval for Village Use Permit 2008-042, as
approved and adopted under Planning Commission Resolution 2011-015.
2. The land use authorized and regulations prescribed for the Development
Agreement are compatible with the zoning and its related regulations now
applicable to the property. The site is zoned Village Commercial, which
permits variations to the City's parking requirements. The proposed parking
Ordinance No. 495
Development Agreement 2011-022
Village Park Animal Hospital- VPAH, LLC
Adopted: January 3, 2012
Page 2
provisions of Village Use Permit 2008-042, in conjunction with approval of
this Development Agreement, will provide assurance that the intent of
applicable land use regulations are met by the project.
3. The proposed Development Agreement conforms to the public convenience
and the general welfare, by providing the means for public parking
improvements, and conforms to good land use practice by requiring an
acceptable alternative for the provision of parking, to accomplish
development of the contemplated commercial project.
4. Approval of this Development Agreement will not be detrimental to the
health, safety, and general welfare since adequate provision has been made
in previous City approvals, specifically Village Use Permit 2008-042, to
provide for necessary and desirable improvements, with these approvals
incorporated herein.
5. Approval of this Development Agreement will not adversely affect the
orderly development of the subject or surrounding property, nor the
preservation of area -wide property values, nor the quality of life within the
community, but conversely, will enhance them by encouraging planned,
phased growth.
6. Approval of this Development Agreement will have a positive fiscal impact
on the City, as it will provide supplemental funding towards necessary public
parking improvements in the Village at La Quinta, which might otherwise be
unattainable given currently available funding sources.
7. Consideration of this Development Agreement has been accomplished
pursuant to California Government Code Section 65864 et seq. and the City
of La Quinta Municipal Code Section 9.250.030, which governs
Development Agreements.
WHEREAS, all actions required to be taken by the City precedent to the
adoption of this Ordinance have been regularly and duly taken.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California that it does ordain as follows:
SECTION 1. APPROVAL., The City. Council hereby approves and adopts the
Development Agreement in the form presented to the City Council concurrent with
the approval and adoption of this Ordinance, and authorizes and directs the Interim
City Manager to sign the Development Agreement on behalf of the City, and the
Ordinance No. 495
Development Agreement 2011-022
Village Park Animal Hospital- VPAH, LLC
Adopted: January 3, 2012
Page 3
City Clerk to record the Development Agreement in the Official Records of
Riverside County in accordance with applicable law.
SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use
Permit 2008-042, as a Categorical Exemption under the Guidelines for
Implementation of the California Environmental Quality Act, Section 15332 (Infill
Development), was confirmed and adopted by the Planning Commission under
Planning Commission Resolution 201 1-015. Said determination, along with the
approval for Village Use Permit 2008-042, was adopted by the Planning
Commission on September 29, 2011. The Development Agreement does not
involve changes to the project itself, and there have been no changes in
circumstances or new information regarding the project or its setting that would
require any subsequent environmental review, pursuant to Section 15162 of the
CEQA Guidelines.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of
this Ordinance, and shall cause the same to be posted in at least three public
places designated by resolution of the City Council, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered into the Book of
Ordinances of this City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3`d day of January 2012, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON AD LPH, ayor
City of La Quinta, California
Ordinance No. 495
Development Agreement 2011-022
Village Park Animal Hospital- VPAH, LLC
Adopted: January 3, 2012
Page 4
ATTEST
VERONICA TEEING, City Clerk
City of La iota, California
p
(CITY SE1-Q
APPROVED AS TO FORM:
A.A AZinta,
N, City Atto
City of ifornia
STATEOF CALIFORNIA)
COUNTY OF RIVERSIDE 1 §
CITY OF LA QUINTA 1
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true, and correct copy of Ordinance No. 495 that was introduced
at a regular meeting on the 20th day of December, 2011, and was adopted at a regular
meeting held on the 31 day of January, 2012, not being less than 5 days after the date of
introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City of
La Quint as specified in City Council Resolution 98-109.
VERONICA MONTECINO, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify
that the regoing ordinance was p ted on January 4, 2012, pursuant to City Council
Res I n.
VERONICA MONTECINO, City Clerk
City of La Quinta, California
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
PO Box 1504
La Quinta, CA 92247
Attn: City Clerk
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 6103)
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE
CITY OF LA QUINTA
AND
VPAH, LLC.,
A CALIFORNIA LIMITED LIABILITY COMPANY
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DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of the _ day
of , 2012 ("Reference Date"), by and among the CITY OF LA QUINTA, a
California municipal corporation and charter city (the "City") and VPAH, LLC., a California
limited liability company (the "Developer"), with reference to the following:
RECITALS
A. Government Code Sections 65864-65869.5 (the "Development Agreement
Act") authorize the City to enter into a binding development agreement for the
development of real property within its jurisdiction with persons having legal or equitable
interest in such real property.
B. Pursuant to Section 65865 of the Government Code, the City has adopted
its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030)
establishing procedures and requirements for such development agreements ("Development
Agreement Ordinance").
C. Developer owns the 0.35 acre parcel of real property ("Site") located at the
northeast corner of Eisenhower Drive and Avenida Montezuma, in the City of La Quinta,
County of Riverside, State of California, which Site is legally described in Exhibit "A"
attached hereto, and which is the subject of this Agreement.
D. Prior to the execution of this Agreement, the City approved Village Use
Permit No. 2008-042 (the "VUP"), subject to conditions of approval. The VUP provides
planning and development criteria for a proposed project on the Site, which project is
commonly known as Village Park Animal Hospital (the "Project"). The Project will consist
of the development of the Site with an 8,752 square foot, 31 foot high, two-story animal
hospital with Mission -Contemporary styled architecture. The project site has an existing
building built in 1980 which will be demolished to construct the Project. The VUP is also
known as the "Development Plan".
E. The City's Municipal Code requires that a total of 29 parking stalls be
provided to service the Project. The Site is situated such that only 16 of the 29 required
parking stalls are available for the Project. Of these, 15 on -site parking stalls are provided
(including one ADA-accessible space and one golf -cart space) and credit is given for one
adjacent on -street parking space on Avenida Martinez for a total of 16 stalls provided. To
fulfill the remaining parking requirements for the Project, the VUP was conditioned on the
Developer entering a development agreement with the City to require the Developer to pay
a parking fee in exchange for crediting 13 parking stalls towards the Project. This fee is to
be used for future parking improvements in the Village Commercial zoning district.
Pursuant to Section 9.65.030 of the La Quinta Municipal Code, alternative parking
arrangements are permitted in the Village Commercial zoning district.
F. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the
parties desire to enter into a binding agreement for purposes of (i► setting forth a per -
parking stalls payment for the Developer's payment to the City of certain fees for use in
connection with future parking improvements in the Village Commercial zoning district that
the parties agree are designed to compensate the City for (A) crediting 13 parking stalls
2
towards fulfilling the Project's parking obligation; and (B► the potential added wear and tear
on the municipal infrastructure which will result from the Development Plan; (ii) requiring
the Developer and its successors -in -interest to provide public parking on the Site; and (iii)
granting Developer a vested right to develop the Site according to the Development Plan.
G. Among other purposes, this Agreement is intended to be, and shall be
construed as, a development agreement within the meaning of the Development
Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the
orderly development of the Project, ensure a desirable and functional community
environment, provide effective and efficient development of public facilities, infrastructure,
and services appropriate for the development of the Project, and assure attainment of the
maximum effective utilization of resources within the City, by achieving the goals and
purposes of the Development Agreement Act. In exchange for these benefits to City,
Developer desires to receive the assurance that it may proceed with development of the
Project in accordance with the terms and conditions of this Agreement and the
Development Plan, all as more particularly set forth herein.
H. The City Council has determined that the Project and this Agreement are
consistent with the City's General Plan, including the goals and objectives thereof.
I. All actions taken by City have been duly taken in accordance with all
applicable legal requirements, including the California Environmental Quality Act (Public
Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice,
public hearings, findings, votes and other procedural matters.
J. On January 3, 2012, the City Council adopted its Ordinance No. 495
approving this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1.0 GENERAL.
1.1 Term.
The term of this Agreement (the "Term") shall commence on the Effective Date
hereof and shall continue for thirty (30) years thereafter, unless said term is otherwise
terminated, modified, or extended by circumstances set forth in this Agreement or by
mutual consent of the parties hereto after the satisfaction of all applicable public hearing
and related procedural requirements. The Agreement will be terminated if the Developer
no longer uses the Site for the Project or is unable to obtain permanent financing for the
Project, provided that in either instance Developer must agree to rescind the VUP.
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1.2 Effective Date.
This Agreement shall be effective, and the obligations of the parties hereunder shall
be effective, as of February 3 , 2012, which is the date that Ordinance No. 495 takes
effect ("Effective Date").
1.3 Amendment or Cancellation.
Except as expressly stated to the contrary herein, this Agreement may be amended
or canceled in whole or in part only by mutual consent of the parties and in the manner
provided for in Government Code Section 65867-65868 and the City's Development
Agreement Ordinance.
1.4 Termination.
Unless terminated earlier, pursuant to the terms hereof, this Agreement shall
automatically terminate and be of no further effect upon the expiration of the Term of this
Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any
right or duty arising from entitlements or approvals set forth under the Development Plan,
as defined in Section 2.1, below.
2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE
PROJECT.
2.1 Right to Develop.
Subject to the terms, conditions, and covenants of this Agreement, Developer's
right to develop the Project in accordance with the Development Plan (and subject to the
conditions of approval thereof (the "Conditions of Approval") which, among other
conditions of approval associated with future approvals and permits issued by the City,
include but are not limited to the conditions of approval set forth in Exhibit "B" attached
hereto) shall be deemed vested upon execution of this Agreement, which vesting shall
expire upon the earlier of the following occurrences: (a) termination of this Agreement; or
(b) an uncured material default by Developer of this Agreement. Except for the expiration
set forth in clause (a) of the preceding sentence, the expiration of the vesting right set
forth in the preceding sentence shall not terminate the obligations of Developer under this
Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall
remain subject to the following, to the same extent it would without this Agreement:
0) all ordinances, regulations, rules, laws, plans, policies, and guidelines
of the City and its City Council, Planning Commission, and all other City boards,
commissions, and committees existing on the Effective Date of this Agreement
(collectively, the "Existing Development Regulations");
00 all amendments or modifications to Existing Development Regulations
after the Effective Date of this Agreement and all ordinances, regulations, rules, laws,
plans, policies, and guidelines of the City and its City Council, Planning Commission, and
all other City boards, commissions, and committees enacted or adopted after the Effective
Date of this Agreement (collectively, "New Laws"), except such New Laws which would
prevent or materially impair Developer's ability to develop the Project in accordance with
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the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -
basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City
entity to be adopted by or applied by the City (or, if adoption is optional, the failure to
adopt or apply such non -City law or regulation would cause the City to sustain a loss of
funds or loss of access to funding or other resources), or (C) New Laws the City reserves
the right to apply under this Agreement, including, but not limited to, Sections 2.2 and
3.3.4;
(iii) all subsequent development approvals and the conditions of approval
associated therewith, including but not limited to any further site development permits,
tract or parcel maps, and building permits;
(iv) the payment of all fees or exactions in the categories and in the
amounts as required at the time such fees are due and payable, which may be at the time
of issuance of building permits, or otherwise as specified by applicable law, as existing at
the time such fees are due and payable; and
(v) the reservation or dedication of land for public purposes or payment
of fees in lieu thereof as required at the time such reservations or dedications or payments
in lieu are required under applicable law to be made or paid.
2.2 Additional Applicable Codes and Regulations.
Notwithstanding any other provision of this Agreement, the City also reserves the
right to apply the following to the development of the Project:
2.2.1 Building, electrical, mechanical, fire and similar building codes based
upon uniform codes adopted in, or incorporated by reference into, the La Quinta
Municipal Code, as existing on the Effective Date of this Agreement or as may be
enacted or amended thereafter, applied to the Project in a nondiscriminatory
FArlu00
2.2.2 In the event of fire or other casualty requiring construction of more
than fifty (50%) percent of any building previously constructed hereunder, nothing
herein shall prevent the City from applying to such reconstruction, all requirements
of the City's Building, Electrical, Mechanical, and similar building codes based upon
uniform codes adopted in, or incorporated by reference into, the La Quinta
Municipal Code, solely to the extent applicable to all development projects in .the
City.
2.2.3 This Agreement shall not prevent the City from establishing any
new City fees on a City-wide basis and applied to Site in a non-discriminatory
manner, including new development impact fees, or increasing any existing City
fees, including existing development impact fees, and to apply such new or
increased fees to the Project or applicable portion thereof where such new or
increased fees may be charged.
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2.3 Permitted Density, Height and Use Limitations.
The permitted uses, density and intensity of use, location of uses, maximum height
and size of proposed buildings, minimum setbacks, and other standards applicable to the
Project shall be those set forth in the Development Plan and this Agreement, whichever is
the strictest.
2.4 Credit of Parking Stalls.
In exchange for the full performance of the Developer's Obligations described in
Section 3, the City shall credit the Developer with 13 parking stalls as permitted by the La
Quinta Municipal Code, which spaces shall be counted towards fulfilling the Project's
parking obligations.
3.0 DEVELOPER'S OBLIGATIONS.
3.1 Conditions of Approval.
The Developer shall comply with the Conditions of Approval attached hereto as
Exhibit "B" as well as all other conditions of approval that have been or may be imposed.
Developer acknowledges that additional conditions of approval beyond those set forth in
Exhibit "B" may be applicable to the Project if and as associated with future Project
approvals.
3.2 Restriction on the Site.
Prior to, and as a condition precedent of, the City's issuance of any building permit
for the Project, and immediately following payment of the fees detailed in Section 3.3.2,
the Developer shall submit to the City, obtain approval thereof, and record a deed
restriction (the "Restriction") against the Site which, in addition to the obligations set forth
in the Conditions of Approval, shall (i) require the Developer's payment of the fees as
described in Section 3.3, (ii) acknowledge that such fees have been paid and that the
parking obligation for the Project is fulfilled by the credit of 13 parking spaces; and (iii)
provide for the general public's use of Site parking stalls during times when the on -Site
business is closed as provided by Section 3.5. The Restriction shall be in a form and
substance substantially similar to that of the Restriction attached hereto as Exhibit "C".
3.3 Payments to City by Developer.
3.3.1 General.
During the Term of this Agreement, Developer shall make the payments to the City
described in this Section 3.3. The payments under this Section 3.3 are not the exclusive
development impact fees for the Project, and nothing in this Section 3.3 shall be construed
as a limitation on the right of the City to impose, levy, or assess the Site other
development fees as permitted by applicable law and this Agreement.
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3.3.2 Developer's Payments of Up -Front Parking Fees.
Prior to, and as a condition precedent of, the issuance of any building permit for the
Site, Developer shall pay or cause to be paid to the City the sum of $1,183.53 per parking
stall for each of the 13 parking stalls being credited towards fulfilling the Project's parking
obligations. The total amount of fees due under this provision prior to the issuance of any
building permit for the Site. shall be $15,386. This fee shall be paid in two equal
installments: (1) the first installment shall be due at the time of issuance of the building
permit by the City; and (2) the second installment shall be due at the time of issuance of
the certificate of occupancy by the City.
3.3.3 Other Fees and Charges.
Nothing set forth in this Agreement is intended or shall be construed to limit or
restrict the City's authority to impose its existing, or any new or increased, fees, charges,
levies, or assessments for the development of the Site, or to impose or increase, subject to
the required procedure, any taxes applicable to the Site; provided nothing set forth herein
is intended or shall be construed to limit or restrict whatever right Developer might
otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer
shall timely pay all applicable fees, charges, levies, assessments, and special and general
taxes validly imposed in accordance with the Constitution and laws of the State of
California, including without limitation school impact fees in accordance with Government
Code § § 65995, et seq.
3.4 Dedications and Improvements.
Developer shall offer such dedications to the City or other applicable public agency,
or complete those public improvements in connection with the Project, as specified in the
Development Plan and Conditions of Approval.
3.5 Public Use of Site's Parking Stalls.
The parking stalls located on the Site shall be available to the general public for use
between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Developer (and/or
its permitted successors) may reserve five (5) designated spaces for use after 6:00 p.m.
At the request of Developer, the Planning Director may consider increasing the number of
designated spaces to equal up to 50% of the on -Site parking spaces if the Planning
Director determines that an increase in designated spaces is warranted. Any such approval
must be in writing to be effective. To effectuate the City's implementation of its rights
under this section, Developer agrees to execute the Parking Easement Agreement attached
hereto as Exhibit "F". Developer shall not erect or maintain entry gates, regulated access
barriers or any other driveway barrier. Except for signage identifying designated spaces,
Developer shall not erect or place any signage on the Site prohibiting public parking during
times that the on -Site business is closed. The parking lot on the Site shall be lighted in
conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of
the week.
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3.6 Indemnification.
(a) Developer agrees to and shall indemnify, hold harmless, and defend, the City
and its respective officers, officials, members, agents, employees, and representatives
(collectively, "the Indemnified Parties"), from liability or claims for death or personal injury
and claims for property damage which may arise from the acts, errors, and/or omissions of
the Developer or its contractors, subcontractors, agents, employees or other persons
acting on its behalf in relation to the Project and/or this Agreement, except to the extent
that the liability or claims arise from the City's gross negligence or willful misconduct. The
foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor,
suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions
referred to in this paragraph, regardless of whether or not the City prepared, supplied, or
approved plans or specifications, or both, and regardless of whether or not any insurance
policies are applicable.
(b) Developer agrees to and shall indemnify, hold harmless, and defend, the
Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or
the Parking Easement Agreement; the Developer shall indemnify, hold harmless, pay all
costs and provide defense for the Indemnified Parities in said action or proceeding with
counsel chosen by the City and reasonably approved by the Developer.
(c) In the event the Indemnified Parties are made a party to any action, lawsuit,
or other adversarial proceeding in any way involving claims specified in paragraphs (a) or
(b) above, Developer shall provide a defense to the Indemnified Parties, or at the
Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense,
including reasonable attorney's fees, incurred in defense of such claim. The Indemnified
Parties shall have the right to select legal counsel of their choice. In addition, Developer
shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Indemnified Parties. The City shall, at no cost to the City, cooperate with the
Developer in any such defense as Developer may reasonably request.
4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS.
4.1 Scope of Subsequent Review/Confirmation of Compliance Process.
Nothing set forth herein shall impair or interfere with the right of the City to require
the processing of building permits as required by law, pursuant to the applicable provisions
of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances,
Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar
building codes.
Prior to each request for a building permit, Developer shall provide City with a
Compliance Certificate ("Certificate"), in substantially the same form as that attached
hereto as Exhibit "D", which shall describe how all applicable Conditions of Approval have
been fully complied with. The Certificate shall be distributed to the relevant City
departments in order to check the representations made by Developer on the Certificate.
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4.2 Project Approvals Independent.
All approvals required for the Project which may be or have been granted, and all
land use entitlements or approvals generally which have been issued or will be issued, by
the City with respect to the Project, constitute independent actions and approvals by the
City. If any provision of this Agreement or the application of any provision of this
Agreement to a particular situation is held by a court of competent jurisdiction to be invalid
or unenforceable, or if this Agreement terminates for any reason, then such invalidity,
unenforceability or termination of this Agreement or any part hereof shall not affect the
validity or effectiveness of any such Project approvals or other land use approvals and
entitlements. In such cases, such approvals and entitlements will remain in effect pursuant
to their own terms, provisions, and the Conditions of Approval. It is understood by the
parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is
held invalid or unenforceable as described above, such approvals and entitlements shall not
remain valid for the term of this Agreement, but shall remain valid for the term of such
approvals and entitlements.
4.3 Review for Compliance.
The City shall review Developer's compliance with the terms of this Agreement at
least once during every twelve (12) month period following the Effective Date of this
Agreement, in accordance with the City's procedures and standards for such review set
forth in the City's Development Agreement Ordinance. During such periodic review by the
City, the Developer, upon written request from City, shall be required to demonstrate, and
hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The
failure of the City to conduct or complete the annual review as provided herein or in
accordance with the Development Agreement Act shall not impact the validity of this
Agreement. If, at the conclusion of the annual review provided for herein, Developer has
been- found in compliance with this Agreement, the City, through the City's Planning
Director, shall, at Developer's written request, issue a Certificate of Compliance to
Developer stating that (1) this Agreement remains in full force and effect and (2) Developer
is in compliance with this Agreement. The Certificate of Compliance shall be in recordable
form, and shall contain information necessary to communicate constructive record notice
of the finding of compliance. Developer, at its option and sole cost, may record the
Certificate of Compliance.
4.4 Satisfaction of VUP Condition.
The City hereby acknowledges and agrees that full compliance with this Agreement,
among other things, will constitute Developer's satisfaction and compliance with those
portions of the conditions of approval for the VUP approved by the City which relate to
Developer's obligation to enter into a development agreement for the payment of parking
fees and fulfillment of parking obligations.
4.5 City Use of Parking Fee
The. City hereby agrees that the parking fee paid by Developer will be dedicated for
future parking improvements in the Village Commercial zoning district.
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5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION.
5.1 Notice of Default.
In the event of failure by either party hereto substantially to perform any material
term or provision of this Agreement, the non -defaulting party shall have those rights and
remedies provided herein, provided that such non -defaulting party has first provided to the
defaulting party a written notice of default in the manner required by Section 8.1 hereof
identifying with specificity the nature of the alleged default and the manner in which said
default may satisfactorily be cured. Without limiting the scope of what is considered
"material," the parties agree that Developer's failure to perform any of the obligations
contained in Section 3.0 shall be a material default.
5.2 Cure of Default.
Upon the receipt of the notice of default, the alleged defaulting party shall promptly
commence to cure, correct, or remedy the identified default at the earliest reasonable time
after receipt of the notice of default and shall complete the cure, correction or remedy of
such default not later than ten (10) days [or thirty (30) days for non -monetary defaults]
after receipt of the notice of default, or, for such defaults that cannot reasonably be cured,
corrected or remedied within ten (10) days [or thirty (30) days for non -monetary defaults],
such party shall commence to cure, correct, or remedy such default within such ten (10)
day period [or thirty (30) day period for non -monetary defaults], and shall continuously and
diligently prosecute such cure, correction or remedy to completion.
5.3 City Remedies.
In the event of an uncured default by Developer of the terms of this Agreement, the
City, at its option, may institute legal action in law or in equity to cure, correct, or remedy
such default, enjoin any threatened or attempted violation, or enforce the terms of this
Agreement. In no event shall the City be entitled to consequential damages for any
Developer default. For purposes of this Agreement the term "consequential damages"
shall include, but not be limited to, potential loss of anticipated tax revenues from the
Project or any portion thereof. Furthermore, the City, in addition to, or as an alternative to,
exercising the remedies set forth in this Section 5.3, in the event of a material default by
Developer, may give notice of its intent to terminate or modify this Agreement pursuant to
the City's Development Agreement Ordinance and/or the Development Agreement Act, in
which event the matter shall be scheduled for consideration and review by the City Council
in the manner set forth in the City's Development Agreement Ordinance or the
Development Agreement Act.
5.4 Developer's Exclusive Remedies.
The parties acknowledge that the City would not have entered into this Agreement
if it were to be liable in damages under, or with respect to, this Agreement or any of the
matters referred to herein including, but not limited to, the Development Plan, Conditions
of Approvals, the Existing Development Regulations or any future amendments or
enactments thereto, or the Project, except as provided in this Section. Accordingly,
Developer covenants on behalf of itself and its successors and assigns, not to sue the City
or its respective officers, officials, members, agents, employees, and representatives for
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damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for
any breach of this Agreement by the City or arising out of or connected with any dispute,
controversy, or issue between Developer and the City regarding this Agreement or any of
the matters referred to herein including but not limited to the application, interpretation, or
effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing
Development Regulations or any future amendments or enactments thereto, or any land
use permits or approvals sought in connection with the development of the Project or any
component thereof, or use of a parcel or any portion thereof, the parties agreeing that
declaratory and injunctive relief, mandate, and specific performance shall be Developer's
sole and exclusive judicial remedies.
6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.
6.1 Encumbrances on the Project Site.
This Agreement shall not prevent or limit the Developer from encumbering the Site
or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale
and leaseback arrangement, or any other form of conveyance in which the Site, or a
portion thereof or interest therein, is pledged as security, and contracted for in good faith
and fair value (a "Mortgage") securing financing with respect to the construction,
development, use or operation of the Project.
6.2 Mortgage Protection.
This Agreement shall be superior and senior to the lien of any Mortgage.
Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid,
diminish, or impair the lien of any Mortgage made in good faith and for value, and any
acquisition or acceptance of title or any right or interest in or with respect to the Site or
any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor
or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale,
deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the
terms and conditions of this Agreement.
6.3 Mortgagee Not Obligated.
No Mortgagee will have any obligation or duty under this Agreement to perform the
obligations of the Developer or other affirmative covenants of Developer hereunder, or to
guarantee such performance, except that to the extent that any covenant to be performed
by the Developer is a condition to the performance of a covenant by the City, the
performance thereof shall continue to be a condition precedent to the City's performance
hereunder.
6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.
City shall, upon written request to the City, deliver to each Mortgagee a copy of
any notice of default given to Developer under the terms of this Agreement, at the same
time of sending such notice of default to Developer. The Mortgagee shall have the right,
but not the obligation, within ten (10) days [or thirty (30) days for non -monetary defaults)
after the receipt of such notice from the City, to cure, correct, or remedy the default, or,
for such defaults that cannot reasonably be cured, corrected, or remedied within ten (10)
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days [thirty (30) days for non -monetary defaults], the Mortgagee shall commence to cure,
correct, or remedy the default within such ten (10) day period [or thirty (30) day period for
non -monetary defaults], and shall continuously and diligently prosecute such cure to
completion. If the default is of a nature which can only be remedied or cured by such
Mortgagee upon obtaining possession of the Site, such Mortgagee shall have.the right to
seek to obtain possession with diligence and continuity through foreclosure, a receiver or
otherwise, and shall be permitted thereafter to remedy or cure the default within such time
as is reasonably necessary to cure or remedy said default but in no event more than thirty
(30) days after obtaining possession. If any such default cannot, with diligence, be
remedied or cured within such thirty (3O) day period, then such period shall be extended to
permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said
cure or remedy during such thirty (30) day period, and thereafter diligently pursues and
completes such cure.
7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.
7.1 Successors and Assigns.
Developer shall have the right to sell, transfer or assign the Site, or any portion
thereof (provided that no such transfer shall violate the Subdivision Map Act, Government
Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any
time during the term of this Agreement, without first obtaining the City's prior written
consent; provided, however, that any such sale or transfer shall include, with respect to
the Site or the portion thereof sold or transferred, the assignment and assumption, in a
fully executed written agreement, in whole or in part, of the rights, duties and obligations
of the Developer under the terms of this Agreement. Upon such sale, transfer or
assignment, Developer shall, with respect to the Site or the portion thereof sold or
transferred, be released from any further obligations under the terms of this Agreement,
provided:
(a) Developer no longer has any legal or equitable interest in the Site or the
portion thereof sold or transferred, as applicable;
(b) Developer is not, at the time of the transfer, in default under the terms of
this Agreement; and
(c) Developer has submitted an executed assignment and assumption agreement
in a form set forth in Exhibit "E", attached hereto.
8.0 MISCELLANEOUS.
8.1 Notices.
All notices permitted or required hereunder must be in writing and shall be effected
by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or
(iii) reputable same -day or overnight delivery service that provides a receipt showing date
and time of delivery, addressed to the following parties, or to such other address as any
party may from time to time, designate in writing in the manner as provided herein:
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To City: City of La Quinta
PO Box 1504
La Quinta, California 92247
Attn: Planning Director
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: M. Katherine Jenson
To Developer: Kathryn Carlson
VPAH, LLC
P.O. Box 1711
La Quinta, CA 92253
Telephone: 760-564-3833
Any written notice, demand or communication shall be deemed received immediately if
personally delivered or delivered by delivery service, and shall be deemed received on the
third day from the date it is postmarked if delivered by registered or certified mail.
8.2 Force Mafeure.
In addition to specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default where delays or failures to perform are due
to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of
God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight
embargoes, governmental restrictions imposed or mandated by other governmental
entities, governmental restrictions or priority, unusually severe weather, inability to secure
labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor
or supplier; acts of another party, acts or the failure to act of any public or governmental
agency or entity (except that acts or the failure to act of the City shall not excuse
performance by the City) or any other causes beyond the control or without the fault of
the party claiming an extension of time to perform. An extension of time for any such
cause shall only be for the period of the enforced delay, which period shall commence to
run from the time of the commencement of the cause. The City and the Developer may
also extend times of performance under this Agreement in writing.
Notwithstanding the paragraph above but subject to the termination options in
Section 1.1, Developer is not entitled pursuant to this Section 8.2 to an extension of time
to perform because of past, present, or future difficulty in obtaining suitable construction
or permanent financing for the development of the Site, or because of economic or market
conditions.
8.3 Binding Effect.
This Agreement, and all of the terms and conditions hereof, shall be binding upon
and inure to the benefit of the parties, any subsequent owner of all or any portion of the
Project or the Site, and their respective assigns, heirs or successors in interest, whether or
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not any reference to this Agreement is contained in the instrument by which such person
acquired an interest in the Project or the Site.
8.4 Independent Entity.
The parties acknowledge that, in entering into and performing this Agreement, each
of the Developer and the City is acting as an independent entity and not as an agent of the
other in any respect.
8.5 Agreement Not to Benefit Third Parties.
This Agreement is made for the sole benefit of the parties, and no other person
shall be deemed to have any privity of contract under this Agreement nor any right to rely
on this Agreement to any extent for any purpose whatsoever, nor have any right of action
of any kind on this Agreement, nor be deemed to be a third party beneficiary under this
Agreement.
8.6 Covenants.
The provisions of this Agreement shall constitute mutual covenants which shall run
with the land comprising the Site for the benefit thereof, and the burdens and benefits
hereof shall bind and inure to the benefit of each of the parties hereto and all successors in
interest to the parties hereto for the term of this Agreement.
8.7 Nonliability of City Officers and Employees.
No official, officer, employee, agent or representative of the City, acting in his/her
official capacity, shall be personally liable to Developer, or any successor or assign, for any
loss, costs, damage, claim, liability, or judgment, arising out of or connection to this
Agreement, or for any act or omission on the part of the City.
8.8 Covenant Against Discrimination.
Developer and City covenant and agree, for themselves and their respective
successors and assigns, that there shall be no discrimination against, or segregation of,
any person or group or persons on account of race, color, creed, religion, sex, marital
status, national origin or ancestry, or any other impermissible classification, in the
performance of this Agreement. Developer shall comply with the Americans with
Disabilities Act of 1990, as amended (42 U.S.C. § § 12101, et seq.).
8.9 Amendment of Agreement.
This Agreement may be amended from time to time by mutual consent of the
original parties or such party to which the Developer assigns all or any portion of its
interest in this Agreement, in accordance with the provisions of the City's Development
Agreement Ordinance and Government Code Sections 65867 and 65868.
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2303172.6 a1228/1I
8.10 No Waiver.
No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought and referring expressly to this Section. No delay or omission by either
party in exercising any right or power accruing upon non-compliance or failure to perform
by the other party under any of the provisions of this Agreement shall impair any such
"right or power or be construed to be a waiver thereof, except as expressly provided herein.
No waiver by either party of any of the covenants or conditions to be performed by the
other party shall be construed or deemed a waiver of any succeeding breach or
nonperformance of the same or other covenants and conditions hereof.
8.11 Severability.
If any term, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall continue in full force and effect, to the extent that the invalidity or
unenforceability does not impair the application of this Agreement as intended by the
parties.
8.12 Cooperation in Carrying Out Agreement.
Each party shall take such actions and execute and deliver to the other all such
further instruments and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete
enjoyment of its rights and privileges hereunder.
8.13 Estoppel Certificate.
Any party hereunder may, at any time, deliver written notice to any other party
requesting such party to certify in writing that, to the best knowledge of the certifying
party, (i) this Agreement is in full force and effect and a binding obligation of the parties,
(ii) this Agreement has not been amended or modified either orally or in writing, or if so
amended, identifying the amendments, (iii) the requesting party is not in default in the
performance of its obligations under this Agreement, or if in default, describing the nature
and amount of any such defaults, and (iv) any other reasonable information requested. A
party receiving a request hereunder shall execute and return such certificate within thirty
(30) days following receipt of such written request. The City Manager, Assistant City
Manager, and Planning Director are each authorized to sign and deliver an estoppel
certificate on behalf of the City. The City acknowledges that a certificate hereunder may
be relied upon by transferees and Mortgagees.
8.14 Construction.
This terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction that might otherwise apply.
As used in this Agreement, and as the context may require, the singular includes the plural
and vice versa, and the masculine gender includes the feminine and vice versa.
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8.15 Recordation.
This Agreement shall be recorded with the County Recorder of Riverside County at
Developer's cost, if any, within the period required by Government Code Section 65868.5.
Amendments approved by the parties, and any cancellation or termination of this
Agreement, shall be similarly recorded.
8.16 Captions and References.
The captions of the paragraphs and subparagraphs of this Agreement are solely for
convenience of reference, and shall be disregarded in the construction and interpretation of
this Agreement. Reference herein to a paragraph or exhibit are the paragraphs,
subparagraphs and exhibits of this Agreement.
8.17 Time.
Time is of the essence in the performance of this Agreement and of each and every
term and condition hereof as to which time is an element.
8.18 Recitals & Exhibits Incorporated; Entire Agreement.
The Recitals to this Agreement and all of the exhibits and attachments to this
Agreement are, by this reference, incorporated into this Agreement and made a part
hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire
agreement between the parties with respect to the subject matter of this Agreement, and
this Agreement supersedes all previous negotiations, discussions and agreements between
the parties, and no parole evidence of any prior or other agreement shall be permitted to
contradict or vary the terms hereof.
8.19 Exhibits.
Exhibits "A" - "F" to which reference is made in this Agreement are deemed
appropriated herein in their entirety. Said exhibits are identified as follows:
A Legal Description of Site
8 Conditions of Approval
C Restriction
D Compliance Certificate
E General Assignment and Assumption Agreement
F Parking Easement Agreement
8.20 Counterpart Signature Pages.
For convenience the parties may execute and acknowledge this agreement in
counterparts and when the separate signature pages are attached hereto, shall constitute
one and the same complete Agreement.
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8.21 Authority to Execute.
Developer warrants and represents that (i) it is duly organized and existing, (ii) it is
duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement,
Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering
into and performance of its obligations set forth in this Agreement do not violate any
provision of any other agreement to which Developer is bound, and (v) there is no existing
or threatened litigation or legal proceeding of which Developer is aware which could
prevent Developer from entering into or performing its obligations set forth in this
Agreement.
8.22 Governing Law; Litigation Matters.
The internal laws of the State of California shall govern the interpretation and
enforcement of this Agreement without regard to conflicts of law principles. Any action at
law or in equity brought by any party hereto for the purpose of enforcing, construing, or
interpreting the validity of this Agreement or any provision hereof shall be brought in the
Superior Court of the State of California in and for the County of Riverside, or such other
appropriate court in said county, and the parties hereto waive all provisions of law
providing for the filing, removal, or change of venue to any other court. Service of process
on the City shall be made in accordance with California law. Service of process on
Developer shall be made in any manner permitted by California law and shall be effective
whether served inside or outside of California. In the event of any action between the
parties hereto seeking enforcement of any of the terms of this Agreement or otherwise
arising out of this Agreement, the prevailing party in such litigation shall be awarded, in
addition to such relief to which such party is entitled, its reasonable attorney's fees, expert
witness fees, and litigation costs and expenses.
8.23 No Brokers.
Each of the City and the Developer represents to the other party that it has not
engaged the services of any finder or broker and that it is not liable for any real estate
commissions, broker's fees, or finder's fees which may accrue by means of this
Agreement, and agrees to hold harmless the other party from such commissions or fees as
are alleged to be due from the party making such representations.
[Signatures on following page.]
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IN WITNESS WHEREOF, the Developer and the City have executed this Agreement
as of the Reference Date.
"DEVELOPER"
VPAH, LLC, a California limited liability
company
By:
Its:
By:
Its:
[Signatures continue on next page.]
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"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
Mark Weiss
Interim City Manager
ATTEST:
Veronica Montecino
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
2465ro15610-0125
2303172.6 a12 111 -19-
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On before me,
personally appeared
personally known to me (or 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.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On before me,
personally appeared
personally known to me (or 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]
Notary Public
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EXHIBIT "A" TO DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF SITE
LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14,
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN
MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS.
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EXHIBIT "B" TO DEVELOPMENT AGREEMENT
CONDITIONS OF APPROVAL
GENERAL
The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
("City"), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Village Use Permit. The City
shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This Village Use Permit shall comply with the requirements and standards of the La
Quinta Municipal Code ("LQMC"), Village Use Permit VUP 08-042, Right of Way
Vacation ROW 2008-016, and Development Agreement DA 11-022.
The City of La Quinta's Municipal Code can be accessed on the City's Web Site at
www.la-guinta.org.
3. This Village Use Permit approval shall expire on September 27, 2013, two years
after its effective date, pursuant to Section 9.200.060 (C) of the Zoning Code,
unless extended pursuant to the provisions of Section 9.200.080.
4. It is understood by the Applicant that the Village Animal Hospital has formally
requested to enter into a Development Agreement (DA 2011-042) for the purpose
of providing compensation via in -lieu fees for the parking shortage associated with
this approval. It is also understood that the applicant has requested a vacation of a
portion of public right of way (ROW 08-016) in order to accommodate the project.
This Village Use Permit shall not be effective unless and until both the Right of Way
Vacation and Development Agreement have been approved by the City Council and
recorded; the applicant further understands that the City Council may choose to
reject entering the Development Agreement or modify its contents. While this
approval will not be effective until such time as a Development Agreement may
become effective, the time limits associated with approval of VUP 2008-042 shall
be in effect with respect to expiration, as stated under Condition #3.
5. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
• Riverside County Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Water Quality Management Plan (WQMP)
Exemption Form — Whitewater River Region, Improvement Permit)
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• Planning Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• State Water Resources Control Board
• SunLine Transit Agency (SunLine)
• South Coast Air Quality Management District Coachella Valley (SCAQMD)
The applicant is responsible for all requirements of the permits and/or clearances
from the above listed agencies. When these requirements include approval of
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvements plans for City approval.
6. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water);
Riverside County Ordinance No. 457; the California Regional Water Quality Control
Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State
Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-
0014-DWQ.
A. For construction activities including clearing, grading or excavation of land,
the Permitee may be required to submit a Storm Water Pollution Protection
Plan ("SWPPP") to the State Water Resources Control Board if required by
the Building Official.
The applicant .or design professional can obtain the California Stormwater Quality
Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP
preparation.
B. The applicant shall ensure that the required SWPPP is available for inspection
at the project site at all times through and including acceptance of all
improvements by the City.
C. The applicant's SWPPP shall include provisions for all of the following Best
Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)):
1) Temporary Soil Stabilization (erosion control).
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2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
approved by the City Engineer prior to any onsite or offsite grading, pursuant
to this project.
F. The SWPPP and BMPs shall remain in effect for the entire duration of project
construction until all improvements are completed and accepted by the City
Council.
G. The inclusion in the Master HOA Conditions, Covenants, and Restrictions
(CC&Rs), a requirement for the perpetual maintenance and operation of all
post -construction BMPs as required.
7.. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the
time of issuance of building permit(s).
8. Approval of this Village Use Permit shall not be construed as approval for any
horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
9. Developer shall submit a cash deposit to the City to cover the costs and actual
attorney's fees incurred by the City Attorney to review, negotiate and/or modify any
documents or instruments required by these conditions, if Developer requests that
the City modify or revise any documents or instruments prepared initially by the
City to effect these conditions. This obligation shall be paid prior to any review and
any remaining deposit will be returned to the Developer.
10. Developer shall submit a cash deposit to the City to cover the costs and actual
consultant's fees incurred by the City for engineering and/or surveying consultants
to review and/or modify any documents or instruments required by this project.
This obligation shall be paid prior to any review and any remaining deposit will be
returned to the Developer.
PROPERTY RIGHTS
11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements
and other property rights necessary for the construction or proper functioning of the
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proposed development. Conferred rights shall include irrevocable offers to dedicate
or grant access easements to the City for emergency services and for maintenance,
construction and reconstruction of essential improvements. Said conferred rights
shall also include grant of access easement to the City of La Quinta for the purpose
of graffiti removal by City staff or assigned agent in perpetuity and agreement to
the method to remove graffiti and to paint over to best match existing. The
applicant shall establish the aforementioned requirements in the CC&R's for the
development or other agreements as approved by the City Engineer. Pursuant to the
aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO
REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works
Department Counter prior to Certificate of Occupancy.
12. Pursuant to the aforementioned condition, conferred rights shall include approvals
from the master developer or the HOA over easements and other property rights
necessary for construction and proper functioning of the proposed development not
limited to access rights over proposed and/or existing private streets that access
public streets and open space/drainage facilities of the master development.
13. The applicant shall offer for dedication all public street rights -of -way in conformance
with the City's General Plan, Municipal Code, applicable specific plans, and/or as
required by the City Engineer.
14. The public street right-of-way offers for dedication required for this development
include:
A. PUBLIC STREETS
1) Eisenhower Drive (Primary Arterial, 100' ROW) - No additional right
of way is required from the standard 50 feet from the centerline of
Eisenhower Drive for a total 100-foot ultimate developed right of
way.
2) Avenida Martinez (Local Street, 60' ROW) - No additional right of
way dedication is required for the standard 30 feet from the
centerline of Avenida Martinez for a total 60-foot ultimate developed
right of way.
3) Avenida Montezuma (Modified Local Street (One Way), 80' ROW) -
No additional right of way dedication is required for the standard 40
feet from the centerline of Avenida Montezuma for a total 80-foot
ultimate developed right of way.
15. When the City Engineer determines that access rights to the proposed street rights -
of -way shown on the approved Village Use Permit site plan are necessary prior to
the certificate of occupany, the applicant shall grant the necessary rights -of -way
within 60 days of a written request by the City.
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16. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins, mailbox
clusters, park lands, and common areas shown on the Village Use Permit.
17. Direct vehicular access to Eisenhower Drive, Avenida Montezuma, and Avenida
Martinez is restricted, except for those access points identified on the conceptual
grading plan of the Village Animal Park for the Village Use Permit, or as otherwise
conditioned in these conditions of approval.
18. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will occur.
19. The applicant shall cause no easement to be granted, or recorded, over any portion
of the subject property between the date of approval of this Village Use Permit and
the date of final acceptance of the on -site and off -site improvements for this Village
Use Permit, unless such easement is approved by the City Engineer.
20. This project relies on the vacation of current city right-of-way. Right-of-way
vacation is on the northeast corner of Eisenhower Drive and Avenida Montezuma as
shown on the Village Animal Park Conceptual Grading Plan. This right-of-way
vacation must be completed prior to any additional discretionary City permits.
STREET AND TRAFFIC IMPROVEMENTS
21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for
Individual Properties and Development) for public streets.
22. Streets shall have vertical curbs or other approved curb configurations that will
convey water without ponding, and provide lateral containment of dust and residue
during street sweeping operations. If a wedge or rolled curb design is approved, the
lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of
0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to
final inspection of permanent building(s) on the lot.
23. The applicant shall construct the following street improvements to conform with the
General Plan (street type noted in parentheses.)
A. OFF -SITE STREETS
11 Eisenhower Drive (Primary Arterial, 100' ROW):
No additional right of way is required from the standard 50 feet
from the centerline of Eisenhower Drive for a total 100-foot
ultimate developed right of way. Additionally, the developer
shall dedicate sufficient right of way for the construction of a
future traffic signal at the intersection of Eisenhower Drive and
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Avenida Montezuma. The City will design a preliminary traffic
signal layout that may require a portion of the Right -Of -Way that
is requested to be vacated.
Other required improvements in the Eisenhower Drive right-of-
way and/or adjacent landscape setback area include:
a. All appurtenant components such as, but not limited to: curb,
gutter, traffic control striping, signs, sidewalk, installing curb
ramps, and removing curb ramps
2) Avenida Montezuma (Modified Local Street (One Way), 80'
ROW):
No additional right of way dedication is required for the standard
40 feet from the centerline of Avenida Montezuma for a total
80-foot ultimate developed right of way. Additionally, the
developer shall dedicate sufficient right of way for the
construction of a future traffic signal, at the intersection of
Eisenhower Drive and Avenida Montezuma. The City will design
a preliminary traffic signal layout that may require a portion of
the Right -Of -Way that is requested to be vacated.
Other required improvements in the Avenida Montezuma right-
of-way and/or adjacent landscape setback area include:
a. All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, signs, sidewalk,
catch basin, driveways, installing curb ramps, and removing
curb ramps
3) Avenida Martinez (Local Street, 60' ROW):
No additional widening on the south side of the street along all
frontage adjacent to the Village Use Permit boundary is required
as specified in the General Plan and the requirements of these
conditions. Rehabilitate and/or reconstruct existing roadway
pavement as necessary to augment and convert it from a rural
county -road design standard to La Quinta's urban arterial design
standard.
Other required improvements in the Avenida Martinez right -of-'
way and/or adjacent landscape setback area include:
a. All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, signs, sidewalk, catch
basin, driveways, installing curb ramps, and removing curb
ramps
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The applicant shall extend improvements beyond the project boundaries to ensure
they safely integrate with existing improvements (e.g., grading; traffic control
devices and transitions in alignment, elevation or dimensions of streets and
sidewalks).
24. General access points and turning movements of traffic are limited to the proposed
access driveways on Avenida Montezuma and Avenida Martinez. Right turn in and
right turn out movements are permitted on Avenida Montezuma. All turn
movements are permitted on Avenida Martinez.
PARKING LOTS and ACCESS POINTS
25. The design of parking facilities shall conform to LQMC Chapter 9.150 and in
particular the following:
A. The parking stall and aisle widths and the double hairpin stripe parking stall
design shall conform to LQMC Chapter 9.150.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development shall be
shown on the Precise Grading Plan.
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a
minimum of 17 feet in length with a 2-foot overhang for standard parking
stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as
approved by the City Engineer. One van accessible handicapped parking stall
is required per 8 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 16 feet with
access drive aisles to Public Streets a minimum of 20 feet as shown on the
Village Use Permit site plan or as approved by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus turnouts,
dedicated turn lanes, ADA accessibility route to public streets and other features
shown on the approved construction plans, may require additional street widths and
other improvements as may be determined by the City Engineer.
26. The applicant shall design pavement sections using CalTrans' design procedure for
20-year life pavement, and the site -specific data for soil strength and anticipated
traffic loading (including construction traffic). Minimum structural sections shall be
as follows:
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Parking Lot & Aisles (Low Traffic)
Parking Lot & Aisles (High Traffic)
Loading Areas
3.0" a.c./4.5" c.a.b.
4.5" a.c./5.5" c.a.b.
6" P.C.C./4" c.a.b.
or the approved equivalents of alternate materials.
27. The applicant shall submit current mix designs (less than two years old at the time
of construction) for base, asphalt concrete and Portland cement concrete. The
submittal shall include test results for all specimens used in the mix design
procedure. For mix designs over six months old, the submittal shall include recent
(less than six months old at the time of construction) aggregate gradation test
results confirming that design gradations can be achieved in current production. The
applicant shall not schedule construction operations until mix designs are approved.
28. Improvements shall be designed and constructed in accordance with City adopted
standards, supplemental drawings and specifications, or as approved by the City
Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by engineers registered in California.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as "engineer,"
"surveyor," and "architect," refer to persons currently certified or licensed to practice their
respective professions in the State of California.
29. Improvement plans shall be prepared by or under the direct supervision of qualified
engineers and/or architects, as appropriate, and shall comply with the provisions of
LQMC Section 13.24.040 (Improvement Plans).
30. The following improvement plans shall be prepared and submitted for review and
approval by the Public Works Department. A separate set of plans for each line item
specified below shall be prepared. The plans shall utilize the minimum scale
specified, unless otherwise authorized by the City Engineer in writing. Plans may be
prepared at a larger scale if additional detail or plan clarity is desired. Note, the
applicant may be required to prepare other improvement plans not listed here
pursuant to improvements required by other agencies and utility purveyors.
A. On -Site Rough Grading Plan (Optional) 1" = 40' Horizontal
B. Precise Grading Plan (Commercial Development) 1 " = 20' Horizontal
The Precise Grading plan shall include: Storm Drain/Underground Retention.
C. On -Site Sewer and Water Plan 1 " = 30' Horizontal
RM
PM10 Plan
1 " = 40' Horizontal
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E. WQMP (Plan submitted in Report Form)
F. Off -Site Street Improvement/Storm Drain Plan/ Sidewalk
1" = 40' Horizontal, 1" = 4' Vertical
G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal
The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at
20 scale) that show the meandering sidewalk, mounding, and berming design in the
combined parkway and landscape setback area.
NOTE: A through G to be submitted concurrently.
Other engineered improvement plans prepared for City approval that are not listed
above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all
existing improvements for a distance of at least 200-feet beyond the project limits,
or a distance sufficient to show any required design transitions.
Precise grading plans shall normally include all on -site surface improvements
including but not limited to finish grades for curbs & gutters, sidewalks, building
floor elevations, wall elevations, parking lot improvements, ADA requirements, stop
signs, limit lines, and legends, no parking signs, raised pavement markers, and
street name signs per Public Works Standard Plans and/or as approved by the
Engineering Department.
"Rough Grading" plans shall normally include perimeter walls with Top Of Wall &
Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of
cover, or sufficient cover to clear any adjacent obstructions.
The applicant shall prepare an accessibility assessment on a marked up print of the
building floor plan identifying every building egress and notes the current California
Building Code accessibility requirements associated with each door. The
assessment must comply with submittal requirements of the Building & Safety
Department. A copy of the reviewed assessment shall be submitted to the Public
Works Department in conjunction with the Site Development Plan when it is
submitted for plan checking.
In addition to the normal set of improvement plans, a "Site Development" plan is
required to be submitted for approval by the Building Official, Planning Director and
the City Engineer.
"Site Development" plans shall normally include all on -site surface improvements
including but not limited to finish grades for curbs & gutters, building floor
elevations, wall elevations, parking lot improvements and ADA requirements.
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31. The City maintains standard plans, detail sheets and/or construction notes for
elements of construction which can be accessed via the "Plans, Notes and Design
Guidance" section of the Public Works Department at the City website (www.la-
quinta.orq). Please navigate to the Public Works. Department home page and look
for the Standard Drawings hyperlink.
32. The applicant shall furnish a complete set of all approved improvement plans on a
storage media acceptable to the City Engineer (currently mylars).
33. Upon completion of construction, and prior to final acceptance of the improvements
by the City, the applicant shall furnish the City with reproducible record drawings of
all improvement plans which were approved by the City. Each sheet shall be clearly
marked "Record Drawing" and shall be stamped and signed by the engineer or
surveyor certifying to the accuracy and completeness of the drawings. The
applicant shall have all approved mylars previously submitted to the City, revised to
reflect the as -built conditions. The applicant shall employ or retain the Engineer Of
Record during the construction phase of the project so that the FOR can make site
visits in support of preparing "Record Drawing". However, if subsequent approved
revisions have been approved by the City Engineer and reflect said "Record
Drawing" conditions, the Engineer Of Record may submit a letter attesting to said
fact to the City Engineer in lieu of mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
34. Prior to constructing any off -site improvements, the developer shall deposit
securities in accordance with Engineering Bulletin 09-02 or as approved by the City
Engineer.
35. Improvements to be made, or agreed to be made, shall include the removal of any
existing structures or other obstructions which are not a part of the proposed
improvements.
36. Depending on the timing of the development of this Village Use Permit, and the
status of the off -site improvements at the time, the applicant may be required to:
A. Construct certain off -site improvements.
B. Construct additional off -site improvements, subject to the reimbursement of
its costs by others.
C. Reimburse others for those improvements previously constructed that are
considered to be an obligation of this entitlement.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these actions, as the City may require.
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In the event that any of the improvements required for this development are
constructed by the City, the applicant shall reimburse the City for the costs of such
improvements.
37. Should the applicant fail to construct the improvements for the development, or fail
to satisfy its obligations for the development in a timely manner, the City shall have
the right to halt issuance of building permits, and/or final building inspections,
withhold other approvals related to the development of the project, or call upon the
surety to complete the improvements.
GRADING
38. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
39. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
40. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a civil engineer registered in the State of
California,
B. A preliminary geotechnical ("soils") report prepared by an engineer registered
in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter
6.16, (Fugitive Dust Control),
D. A Best Management Practices report prepared in accordance with LQMC
Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and
Storm Management and Discharge Controls), and
E. WQMP prepared by an engineer registered in the State of California.
All grading shall conform with the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by soils
engineer, or engineering geologist registered in the State of California.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions as submitted with its application for a grading
permit. Additionally, the applicant shall replenish said security if expended by
the City of La Quinta to comply with the Plan as required by the City
Engineer.
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41. The applicant shall maintain all open graded, undeveloped land in order to prevent
wind and/or water erosion of such land. All open graded, undeveloped land shall
either be planted with interim landscaping, or stabilized with such other erosion
control measures, as were approved in the Fugitive Dust Control Plan.
42. Grading within the perimeter setback and parkway areas shall have undulating
terrain and shall conform with the requirements of LQMC Section 9.60.240(F)
except as otherwise modified by this condition. The maximum slope shall not
exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e.
the slope at the back of the landscape lot) which shall not exceed 2:1 if fully
planted with ground cover. The maximum slope in the first six (6) feet adjacent to
the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet
(6') of the curb, otherwise the maximum slope within the right of way shall not
exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one
and one-half inches (1.5") in the first eighteen inches 08") behind the curb.
43. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or
surveyor with applicable compaction tests and over excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved grading
plan, the actual pad elevation and the difference between the two, if any. Such
pad certification shall also list the relative compaction of the pad soil. The data
shall be organized by lot number, and listed cumulatively if submitted at different
times.
rilii7_YRTFAWT=
44. Nuisance water shall be retained onsite and disposed of via an underground
percolation improvement approved by the City Engineer.
45. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 —
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design
Requirements. More specifically, stormwater falling on site during the 100 year
storm shall be retained within the development, unless otherwise approved by the
City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24
hour event producing the greatest total run off.
46. Nuisance water shall be retained on site. Nuisance water shall be disposed of per
approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report
with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering
Bulletin No. 06-015 - Underground Retention Basin Design Requirements.
47. In design of retention facilities, the maximum percolation rate shall be two inches
per hour. The percolation rate will be considered to be zero unless the applicant
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provides site specific data indicating otherwise and as approved by the City
Engineer.
48. The design of the development shall not cause any increase in flood boundaries and
levels in any area outside the development.
49. The development shall be graded to permit storm flow in excess of retention
capacity to flow out of the development through a designated overflow and into the
historic drainage relief route.
50. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
51. The applicant shall comply with applicable provisions for post construction runoff
per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at
seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean
Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional
Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board
Order No. R7-2008-001.
A. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement requirements of the
NPDES permit for the design, construction and perpetual operation and
maintenance of BMPs per the approved Water Quality Management Plan
(WQMP) for the project as required by the California Regional Water Quality
Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order
No. R7-2008-001.
B. The applicant shall implement the WQMP Design Standards per (CRWQCB-
CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the
City Engineer. A project specific WQMP shall be provided which incorporates
Site Design and Treatment BMPs utilizing first flush infiltration as a preferred
method of NPDES Permit Compliance for Whitewater River receiving water,
as applicable.
C. The developer shall execute and record a Stormwater Management/BMP
Facilities Agreement that provides for the perpetual maintenance and
operation of stormwater BMPs.
11TII ITIFS
52. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above -ground utility structures including,
but not limited to, traffic signal cabinets, electric vaults, water valves, and
telephone stands, to ensure optimum placement for practical and aesthetic
purposes.
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53. Existing overhead utility lines within, or adjacent to the proposed development, and
all proposed utilities shall be installed underground.
All existing utility lines attached to joint use 92 KV transmission power poles are
exempt from the requirement to be placed underground.
54. Underground utilities shall be installed prior to overlying hardscape. For installation
of utilities in existing improved streets, the applicant shall comply with trench
restoration requirements maintained, or required by the City Engineer.
The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer. Additionally, grease traps and the maintenance
thereof shall be located as to not conflict with access aisles/entrances.
CONSTRUCTION
55. The City will conduct final inspections of habitable buildings only when the buildings
have improved street and (if required) sidewalk access to publicly -maintained
streets. The improvements shall include required traffic control devices, pavement
markings and street name signs. If parking construction in commercial development
is initially constructed with partial pavement thickness, the applicant shall complete
the final pavement prior to final inspections of the building(s) within the
development or when directed by the City, whichever comes first.
56. A smooth finish for the building shall be used rather than sand finish.
SCREENING AND OUTDOOR LIGHTING
57. All rooftop mechanical equipment shall be completely screened from view. Utility
transformers and other ground mounted mechanical equipment shall be fully
screened by screening walls or landscaping, and painted to match the adjacent
buildings.
58. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of
the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in
height, shall be fitted with a visor or bulb refractor if deemed necessary by staff,
and shall be turned off or reduced to a level deemed appropriate during night time
hours by the Planning Director.
LANDSCAPE AND IRRIGATION
59. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks),
13.24.140 (Landscaping Plans), and 8.13 (Water Efficient Landscape).
60. The applicant shall provide landscaping in the required setbacks, retention basins,
common lots, park areas, and perimeter areas.
61. Landscape and irrigation plans for landscaped lots, perimeter areas, setbacks, and
retention basins shall be signed and stamped by a licensed landscape architect.
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62. The applicant shall submit final landscape plans for review, processing and approval
to the Planning Department, in accordance with the Final Landscape Plan (FLP)
application process. Planning Director approval of the final landscape plans is
required prior to issuance of the first building permit unless the Planning Director
determines extenuating circumstances exist which justify an alternative processing
schedule.
When plan checking has been completed by the Planning Department, the applicant
shall obtain the signatures of CVWD and the Riverside County Agricultural
Commissioner, prior to re -submittal for signature by the Planning Director. Final
plans shall include all landscaping associated with this project.
NOTE: Plans are not approved for construction until signed by the Planning Director
and/or the City Engineer.
63. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Planning Director. Use of lawn areas shall be minimized with
no lawn, or spray irrigation, being placed within 24 inches of curbs along public
streets.
64. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the AASHTO "A Policy on Geometric Design of
Highways and Streets" latest edition, in the design and/or installation of all
landscaping and appurtenances abutting and within the private and public street
right-of-way.
65. Final field inspection of all landscaping materials, including all vegetation, hardscape
and irrigation systems is required by the Planning Department prior to final project
sign -off by the Planning Department. Prior to any field inspection, written
verification by the project's landscape architect of record stating that all vegetation,
hardscape and irrigation systems have been installed in accordance with the
approved final landscape plans shall be submitted to the Planning Department.
66. The size of the trees in the parking lot shall be increased to 36- from 24-inch
(minimum diameter calipers) boxes in the landscaping area.
67. Add additional dog relief area into the landscaping someplace for waiting animal
patients.
68. The landscaping plan shall replace Fruitless Olive trees with Palo Verde trees.
MAINTENANCE
69. The applicant shall comply with the provisions of LQMC Section 13.24.160
(Maintenance).
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70. The applicant shall make provisions for the continuous and perpetual maintenance
of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater
BMPs.
FEES AND DEPOSITS
71. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees
and Deposits). These fees include all deposits and fees required by the City for plan
checking and construction inspection. Deposits and fee amounts shall be those in
effect when the applicant makes application for plan check and permits.
72. Applicant shall pay the fees as required by the Desert Sands Unified School District,
as in effect at the time requests for building permits are submitted.
FIRE DEPARTMENT
73. Approved accessible on -site super fire hydrants shall be located not to exceed 400
feet apart in any direction. Any portion of the facility or of an exterior wall of the
first story of the building shall not be located more than 150 feet from fire
apparatus access roads as measured by an approved route around the complex,
exterior of the facility or building.
74. All Fire Department Appliances such as, FDCs and PIVs shall be located on the front
access side of the building. PIV and FDC appliances shall not less than 40' from the
building and within 50' of an approved roadway and no more than 200' from an
approved hydrant.
75. Install a complete commercial fire sprinkler system (per NFPA 13). Fire sprinkler
system(s) with pipe sizes in excess of 4" in diameter will require the project
Structural Engineer to certify with a "wet signature", that the structural system is
designed to support the seismic and gravity loads to support the additional weight
of the sprinkler system. All fire sprinkler risers shall be protected from any physical
damage.
76. Install a portable fire extinguisher, with a minimum rating of 2A-1OBC, for every
3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted
3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not
readily visible, signs shall be posted above all extinguishers to indicate their
locations. Extinguishers must have current CSFM service tags affixed.
77. An approved Fire Department access key lock box shall be installed next to the
approved Fire Department access door to the building. Required order forms and
installation standards may be obtained at the Fire Department.
78. Display street numbers in a prominent location on the address side of building(s)
and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in
height for building(s) up to 25' in height. In complexes with alpha designations,
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letter size must match numbers. All addressing must be legible, of a contrasting
color, and adequately illuminated to be visible from street at all hours.
79. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more
heads, along with current permit fees, to the Fire Department for review and
approval prior to installation.
80. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in 2010 CBC. No class , I, II or IIIA of
combustible/flammable liquid shall be used in any amount in the building.
81. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the 2010 California Building Code.
82. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM on outside
of door.
83. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside
of door.
84. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside
of door.
85. Roof Access room door if applicable shall be posted "Roof Access" on outside of
door.
86. Access shall be provided to all mechanical equipment located on the roof as
required by the Mechanical Code.
87. Air handling systems supplying air in excess of 2000 cubic feet per minute to
enclosed spaces within buildings shall be equipped with an automatic shutoff, 2010
CIVIC.
88. Blue dot retro-reflectors pavement markers on private streets, public streets and
driveways to indicated location of the fire hydrant. 06-05 (located at
www.rvcfire.org)
89. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org). Access lanes
will not have an up; or downgrade of more than 15%. Access roads shall have an
unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes
will be designed to withstand the weight of 60 thousand pounds over 2 axles.
Access will have a turning radius capable of accommodating fire apparatus. Access
lane shall be constructed with a surface so as to provide all weather driving
capabilities.
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EXHIBIT "C" TO DEVELOPMENT AGREEMENT
DEED RESTRICTION
See Attached
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RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
PO Box 1504
La Quinta, CA 92247
Attn: City Clerk
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 6103)
DEED RESTRICTION
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VPAH, LLC.,
a California limited liability company ("Declarant"), hereby covenants and declares for the
benefit of the City of La Quinta, a California municipal corporation and charter city (the
"City"), the following covenants, conditions, reservations and restrictions, which shall run
with the real property described herein and shall be binding on Declarant and City and their
successors and assigns, and all other persons or entities acquiring any interest in the real
property described herein, and shall remain in full force and effect from the date of
recordation of this Deed Restriction unless terminated or modified as hereinafter provided.
1. Purpose: Declarant owns the 0.35 acre parcel of real property ("Site")
located at the northeast corner of Eisenhower Drive and Avenida Montezuma, in the City
of La Quinta, County of Riverside, State of California, which Site is legally described in
Exhibit "A" attached hereto, which is the subject of this Deed Restriction. In connection
with the Site, the City approved Village Use Permit No. 2008-042 (the "VUP"), subject to
conditions of approval, which provides planning and development criteria for a project
commonly known as Village Park Animal Hospital (the "Project"). The La Quinta Municipal
Code requires the provision of 29 parking stalls to service the Project. On
2012 the Declarant and the City entered into that certain Development Agreement (the
"Development Agreement") for the purposes of (i) setting forth a per -parking stall payment
for the Declarant's payment to the City of certain fees that the parties agree are designed
to compensate the City for (A) the crediting of 13 parking stalls located in the Village
Commercial zoning district towards fulfilling the Project's parking obligation; and (B) the
potential added wear and tear on the municipal infrastructure which will result from the
Development Plan and the crediting of the parking spaces in the Village Commercial zoning
district; (ii) requiring the Declarant and its successors -in -interest to provide public parking
on the Site; and (iii) granting Declarant a vested right to develop the Site according to the
Development Plan. Capitalized terms not defined herein shall have the same meaning as
set forth in the Development Agreement. In accordance with Section 3.2 of the
Development Agreement, Declarant is required to record this Deed Restriction against the
Site to (i) require the Declarant's payment of the fees as described in Section 3.3 of the
Development Agreement, (ii) acknowledge that such fees have been paid and that the
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parking obligation for the Project is fulfilled by the credit of 13 parking stalls; and (iii)
provide for the general public's use of Site parking stalls during times when the on -Site
business is closed as provided by Section 3.5 of the Development Agreement.
2. Acknowledgement of Payment and Credit of Parking Stalls. In connection
with the Project, the City has credited the Declarant with 13 parking stalls, and these stalls
are counted towards fulfilling the Project's parking obligations to provide 29 parking stalls
for the Project. In connection with this credit, Declarant has paid the City a parking fee in
the amount of $1,183.53 for each parking stall towards the Project's parking obligation for
a total of $15,386.
3. Use of Site Parking Lot by General Public. The parking stalls located on the
Site shall be available to the general public for use between the hours of 6:00 p.m. and
2:00 a.m.; provided, however, that Declarant (and/or its permitted successors) may
reserve five (5) designated spaces to remain open after 6:00 p.m. At the request of
Declarant, the Planning Director may consider increasing the number of designated spaces
to equal up to 50% of the on -Site parking spaces if the Planning Director determines that
an increase in designated spaces is warranted. Any such approval must be in writing to be
effective. Declarant shall not erect or maintain entry gates, regulated access barriers or
any other driveway barrier. Except for signage identifying designated spaces, Declarant
shall not erect or place any signage on the Site prohibiting public parking during times that
on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity
with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week.
4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and
defend, the City and its respective officers, officials, members, agents, employees, and
representatives (collectively, "the Indemnified Parties"), from liability or claims for death or
personal injury and claims for property damage which may arise from the acts, errors,
and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or
other persons acting on its behalf in relation to the Project and/or the Development
Agreement, except to the extent that the liability or claims arise from the City's gross
negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries,
and damages, and claims therefor, suffered or alleged to have been suffered by reason of
the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or
not the City prepared, supplied, or approved plans or specifications, or both, and regardless
of whether or not any insurance policies are applicable.
Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified
Parties from any challenge to the validity of the Development Agreement, this Deed
Restriction, or the Parking Easement Agreement; the Declarant shall indemnify, hold
harmless, pay all costs and provide defense for the Indemnified Parities in said action or
proceeding with counsel chosen by the City and reasonably approved by Declarant.
In the event the Indemnified Parties are made a party to any action, lawsuit, or
other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b)
above, Declarant shall provide a defense to the Indemnified Parties, or at the Indemnified
Parties' option, reimburse the Indemnified Parties their costs of defense, including
reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall
have the right to select legal counsel of their choice. In addition, Declarant shall be
2465/015610-0125 -41-
2303172.6 al2/28111
obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties. The City shall, at no cost to the City, cooperate with the Declarant in
any such defense as Declarant may reasonably request.
5. Run with the Land; Binding on Successors and Assigns. The covenants,
conditions, reservations and restrictions herein shall run with the Site and shall be binding
upon Declarant and each successive owner, lessee, licensee and other occupant of all or
any portion of the Site, and shall benefit the City and be enforceable by the City and its
successors and assigns. Every person or entity who now or hereafter owns or acquires
any right, title or interest in or to any portion of the Site is and shall be conclusively
deemed to have consented and agreed to every covenant, condition, reservation and
restriction contained herein whether or not any reference to this Deed Restriction is
contained in the instrument by which such person or entity acquired an interest in the Site.
6. Term; Amendment and Termination. The covenants, conditions, reservations
and restrictions may be validly terminated, amended or modified, in whole or in part, only
by recordation with the Riverside County Recorder of a proper instrument duly executed
and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the
owner(s) of the fee interest in the portion of the Site that is directly affected by such
termination, amendment or modification.
7. Recording. This Deed Restriction shall be recorded on the Site described in
Exhibit "A" in the Office of the County Recorder, Riverside County, California.
8. Authority of Signatories to Bind Principals. The persons executing this Deed
Restriction on behalf of their respective principals represent that (i) they have been
authorized to do so and that they thereby bind the principals to the terms and conditions of
this Deed Restriction and (ii) their respective principals are properly and duly organized and
existing under the laws of, and permitted to do business in, the State of California.
7. Counterparts. This Deed Restriction may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an
original and all of which counterparts taken together shall constitute but one and the same
instrument.
[Signatures on next page.]
2465/015610-0125
2303172.6 alMS/n -42-
IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as
of the date set forth above.
"Developer"
VPAH, LLC, a California limited liability
company
us
Its:
By:
Its:
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
By:
Mark Weiss, Interim City Manager
ATTEST:
Veronica Montecino
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson, City Attorney
2465/015610-0125
2303172.6 AMU 1 -43-
STATE OF CALIFORNIA )
1 ss
COUNTY OF RIVERSIDE )
On before me,
personally appeared
personally known to me (or 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.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose" names) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[SEAL]
Notary Public
2465/015610-0125
2303172.6 a1228/11 -44-
EXHIBIT "A" TO DEED RESTRICTION
LEGAL DESCRIPTION OF SITE
LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14,
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN
MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS.
2465/015610-0125
2303172.6 a12/28/11 -45-
EXHIBIT "D" TO DEVELOPMENT AGREEMENT
COMPLIANCE CERTIFICATE
See Attached
2465101561"125 �6_
2303172.6 a12128111
COMPLIANCE CERTIFICATE
(VPAH, LLC DEVELOPMENT AGREEMENT)
The undersigned, VPAH, LLC, a California limited liability company ("Developer"),
pursuant to Section 4.1 of that certain Development. Agreement dated
2011, (the "Development Agreement"), by and among Developer and the City of La
Quinta, a California municipal corporation and charter city (the "City"). by its signature
below hereby certifies to the City, for the City's reliance that:
1. Capitalized terms not defined herein shall have the same meaning as
set forth in the Development Agreement;
2. The undersigned is familiar with the certifications and representations
set forth in this Compliance Certificate;
3. Developer has performed and complied with its obligations under the
Development Agreement to be performed or complied with by it on or prior to the date
hereof. Developer has also performed all Conditions of Approval to be performed or
complied with by it on or prior to the date hereof. Not by way of limitation of the
foregoing, the Developer warrant and represents that: (1) the Restriction required by
Section 3.2 of the Development Agreement has been approved by the City and recorded
against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development
Agreement have been paid; and (3) all Conditions of Approval to be performed or complied
with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which
schedule identifies all applicable Conditions of Approval and a description of how the
condition has been satisfied.
IN WITNESS WHEREOF, this Compliance Certificate is executed effective the
day of , under penalty of perjury under the laws of California.
VPAH, LLC, a California limited liability company
By:
Its:
By:
Its:
2465/015610-0125
2303172.6 a12/29/11 -47-
SCHEDULE 1 TO COMPLIANCE CERTIFICATE
DITIONS OF APPROVAL
ATTACHED IS A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT
ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH
CONDITION OF APPROVAL HAS BEEN SATISFIED.
2465ro15610-0125 _48_
2303172.6 a1228111
EXHIBIT "E" TO DEVELOPMENT AGREEMENT
GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT
See Attached
2465/015610-0125 -49-
23031716 el2/26/1
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
PO Box 1504
La Quinta, CA 92247
Attn: City Clerk
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 6103)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made
and entered into as of I ("Effective Date"), by and between VPAH,
LLC, a California limited liability company (the "Developer" or "Assignor") and [ASSIGNEE]
("Assignee"), with reference to the following Recitals.
Recitals
A. Assignor is the developer of 0.35 acres of real property located in the City of
La Quinta, County of Riverside, State of California (the "Site"), which is legally described in
Exhibit "A" attached here.
B. Capitalized terms not defined herein shall have the same meaning as set
forth in the Development Agreement.
C. Assignor, as "Developer" and the City of La Quinta, a California municipal
corporation ("City"), have entered into that certain Development Agreement dated
2012 (the "Development Agreement"), for purposes of, among other
things, (i) setting forth a per -parking stall payment for the Developer's payment to the City
of certain fees that the parties agree are designed to compensate the City for (A) the
crediting of 13 parking stalls towards fulfilling the Project's parking obligation; and (B) the
potential added wear and tear on the municipal infrastructure which will result from the
Development Plan; (ii) requiring the Developer and its successors -in -interest to provide
public parking on the Site; and (iii) granting Developer a vested right to develop the Site
according to the Development Plan.
D. Concurrently with the Effective Date, Assignor shall have conveyed to
Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the
"Designated Site")].
E. In accordance with Section 7.1 of the Development Agreement, Assignor
now desires to assign all of its obligations and its right, title, and interest in and to the
Development Agreement [as to the Designated Site] to Assignee, and Assignee desires to
24651015610-0125
2303172.6 a)2/28/11 -50-
accept such assignment on, and subject to, the terms and conditions set forth in this
Assignment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
Agreement
1. Assignment. From and after the Effective Date, Assignor hereby assigns,
conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and
obligation in, to and under the Development Agreement [as the same applies to the
Designated Site], and Assignee hereby accepts such assignment and agrees to assume
performance of all terms, covenants and conditions occurring or arising under the
Development Agreement [as the same applies to the Designated Site] from and after the
date of this Assignment.
2. Assumption of Obligations. By acceptance of this Assignment, Assignee
hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and
under the Development Agreement [as the same applies to the Designated Site], and
Assignee agrees to timely discharge, perform or cause to be performed and to be bound by
all of the liabilities, duties and obligations imposed in connection with the Development
Agreement [as the same applies to the Designated Site], from and after the date of this
Assignment to the same extent as if Assignee had been the original party thereto.
3. Successors and Assigns. This Assignment shall be binding upon and shall
inure to the benefit of the successors and assigns of the respective parties hereto.
4. Governing Law. This Assignment shall be governed by and construed in
accordance with the laws of the State of California.
5. Further Assurances. The parties covenant and agree that they will execute
such other and further instruments and documents as are or may become necessary or
convenient to effectuate and carry out this Assignment.
6. Authority of Signatories to Bind Principals. The persons executing this
Assignment on behalf of their respective principals represent that (i) they have been
authorized to do so and that they thereby bind the principals to the terms and conditions of
this Assignment and (ii) their respective principals are properly and duly organized and
existing under the laws of, and permitted to do business in, the State of California.
7. Interpretation. The paragraph headings of this Assignment are for reference
and convenience only and are not part of this Assignment. They have no effect upon the
construction or interpretation of any part hereof. The provisions of this Assignment shall
be construed in a reasonable manner to effect the purposes of the parties and of this
Assignment.
8. Counterparts. This Assignment may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an
original and all of which counterparts taken together shall constitute but one and the same
2465ro1561"125
2303172.6 aIM8/11 -51-
instrument.
IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the
date set forth above.
"Assignor"
VPAH, LLC, a California limited liability
company
M
Its:
-32
Its:
"Assignee"
[INSERT ASSIGNEE SIGNATURE BLOCK]
2465/015610-0125
2303172.6 a12/2M 1 -52-
STATE OF CALIFORNIA )
ss
COUNTY OF 1
On before me,
personally appeared
personally known to me (or 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.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF )
On before me,
personally appeared
personally known to me (or 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]
Notary Public
2465ro1561"125
2303172.6 aJM8111 -53-
EXHIBIT "A" TO ASSIGNMENT AND ASSUMPTION AGREEMENT
LEGAL DESCRIPTION OF SITE
LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14,
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN
MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS.
2465/015610-0125
2303172.6 a1228/11 - -54-
EXHIBIT "B" TO ASSIGNMENT AND ASSUMPTION AGREEMENT
DESIGNATED SITE
Ito be attached prior to execution of this agreement)
55
EXHIBIT "F" TO DEVELOPMENT AGREEMENT
PARKING EASEMENT AGREEMENT
See Attached
56
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
PO Box 1504
La Quinta, CA 92247
Attn: City Clerk
Space above this line for Recorder's use only
(Exempt from Recording Fee per Gov't Code § 6103)
PARKING EASEMENT AGREEMENT
THIS PARKING EASEMENT AGREEMENT (the "Easement Agreement") is made as
of this day of , 2012 by and between VPAH, LLC, a California limited
liability company ("Developer"), and CITY OF LA QUINTA, a California municipal
corporation and charter city (the "City") (collectively, the "Parties").
RECITALS
A. Developer is the owner of that certain real property (the "Site") more
particularly described in Exhibit "A" attached hereto upon which is to be developed the
Village Park Animal Hospital (the "Project").
B. Developer and the City have entered into that certain Development
Agreement (the "DA") for purposes of granting Developer a credit of 13 parking stalls
towards the Project's required parking under the La Quinta Municipal Code in exchange for
Developer paying to the City a parking fee.
C. In Section 3.5 of the DA, Developer agreed to allow access to the parking
stalls located on the Site (the "Parking Stalls") between 6:00 p.m. and 2:00 a.m.
D. The Parties hereto desire to enter into this Easement Agreement for providing
appropriate access to the Parking Stalls, in accordance with Section 3.5 of the DA.
NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the
mutual covenants and conditions contained herein and for other good and valuable
consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
9.0 Grant of Parking Easement. Developer, for itself and its respective successors and
assigns, hereby grants to the City, its successors and assigns, and their tenants,
subtenants, agents, licensees invitees (including employees, faculty, students and guests),
and the general public for the benefit of the Property, a non-exclusive easement and right-
of-way in, upon, over, and under the Parking Stalls (and all improvements located thereon)
for the purpose of providing parking spaces on an "as available" basis ("Parking Use")
57
between 6:00 p.m. and 2:00 a.m., in accordance with and subject to terms and conditions
of the DA and this Easement Agreement.
10.0 Term. The Parties agree that this Easement Agreement shall continue to be valid
and binding as long as the DA remains in force pursuant to Section 1.1 of the DA.
11.0 Indemnity.
11.1 Developer agrees to and shall indemnify, hold harmless, and defend, the
City and its respective officers, officials, members, agents, employees, and
representatives (collectively, "the Indemnified Parties"), from liability or claims for death or
personal injury and claims for property damage which may arise from any negligent
maintenance or omission related to the Site by the Developer or its contractors,
subcontractors, agents, employees or other persons acting on its behalf in relation to the
Project and/or this Agreement, except to the extent that the liability or claims arise from
the City's gross negligence or willful misconduct. The foregoing indemnity applies to all
deaths, injuries, and damages, and claims therefor, suffered or alleged to have been
suffered by reason of the acts, errors, and/or omissions referred to in this paragraph,
regardless of whether or not the City prepared, supplied, or approved plans or
specifications, or both, and regardless of whether or not any insurance policies are
applicable.
11.2 Developer agrees to and shall indemnify, hold harmless, and defend, the
Indemnified Parties from any challenge to the validity of this Easement Agreement; the
Developer shall indemnify, hold harmless, pay all costs and provide defense for the
Indemnified Parities in said action or proceeding with counsel chosen by the City and
reasonably approved by Developer.
11.3 In the event the Indemnified Parties are made a party to any action, lawsuit,
or other adversarial proceeding in any way involving claims specified in paragraphs (a) or
(b) above, Developer shall provide a defense to the Indemnified Parties, or at the
Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense,
including reasonable attorney's fees, incurred in defense of such claim. The Indemnified
Parties shall have the right to select legal counsel of their choice. In addition, Developer
shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Indemnified Parties. The City shall, at no cost to the City, cooperate with the
Developer in any such defense as Developer may reasonably request.
12.0 Successors and Assigns. The terms, covenants and conditions of this Easement
Agreement shall be binding upon and shall inure to the benefit of the heirs, executors,
administrators and assigns of the respective Parties hereto.
13.0 Attorneys' Fees. In the event of any action between the parties hereto seeking
enforcement of any of the terms of this Easement Agreement or otherwise arising out of
this Easement Agreement, the prevailing party in such litigation shall be awarded, in
addition to such relief to which such party is entitled, its reasonable attorney's fees, expert
witness fees, and litigation costs and expenses.
W
14.0 Notices. All notices permitted or required hereunder must be in writing and shall be
effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully
prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt
showing date and time of delivery, addressed to the following parties, or to such other
address as any party may from time to time, designate in writing in the manner as provided
herein:
To City: City of La Quinta
PO Box 1504
La Quinta, California 92247
Attn: Planning Director
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: M. Katherine Jenson
To Developer: Kathryn Carlson
VPAH, LLC
P.O. Box 1711
La Quinta, CA 92253
Telephone: 760-564-3833
15.0 Governing Laws. This Easement Agreement shall be construed in accordance with
the laws of the State of California. '
16.0 Execution in Counterpart. This Easement Agreement may be executed in several
counterparts, and all so executed, when taken together shall constitute one agreement
binding on all parties hereto, notwithstanding that all parties are not signatories to the
original or the same counterpart.
17.0 Severability. If any term, provision of condition contained in this Easement
Agreement shall, to any extent, be invalid or unenforceable, the remainder of this
Easement Agreement, except those terms, provisions or conditions which are made subject
to or conditions upon such invalid or unenforceable terms, provisions or conditions, shall
not be affected thereby, and each term, provision and condition of this Easement
Agreement shall be valid and enforceable to the fullest extent permitted by law.
18.0 Modifications. This Easement Agreement and the easements granted hereunder
may not be amended or otherwise modified, except by an agreement in writing signed by
the parties hereto. No such amendments or modifications shall have any force or effect
whatsoever unless and until they are written and executed in such a manner.
19.0 Running With The Land. The Easement Agreement, and all burdens and benefits
created thereby shall be appurtenant to and shall run with the respective property of
Developer. Upon recordation of this Developer Agreement, every person or entity that
now or hereafter owns or acquires any right, title or interest in or to all or any portion of
the Property or the Parking Stalls is and shall be conclusively deemed to have consented
and agreed to every provision of this Easement Agreement, whether or not any reference
Fig
to this Easement Agreement is contained in the instrument by which such person or entity
acquired such interest.
20.0 Conflict with the DA. In the event of a conflict between this Easement Agreement
and the DA, the terms of the DA shall govern and control.
21.0 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of
the date first written above.
"Developer"
VPAH, LLC, a California limited liability
company
By:
Its:
By:
Its:
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
M
Mark Weiss, Interim City Manager
ATTEST:
Veronica Montecino, City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson, City Attorney
State of California
County of Riverside
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.
State of California
County of Riverside
On , before me,
(Seal)
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
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.
Signatu
(Seal)
61
EXHIBIT "A" TO PARKING EASEMENT AGREEMENT
LEGAL DESCRIPTION OF SITE
LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14,
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN
MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS.
62