HomeMy WebLinkAboutA2171 - PALM HILLS Land Corp - ENVIRONMENTAL SUBDIVISION TM17043Kathie Hart
From:
Marcus Fuller
Sent:
Saturday, January 30, 2016 3:08 PM
To:
Douglas C. Holland
Cc:
Kathie Hart; Cindy Cairns; Tabitha Richards; Jay Thompson
Subject:
FW: A2171- Palm Hills Land Corp (SIA)
Attachments:
AEX32 Print.pdf
Doug, recall we met with Jay several months ago due to new interest in the owner pursuing development of Palm Hills.
Any further activity?
As Kathie noted, the subdivision agreement has expired.
CALIFORMI�l,
Like no place else."
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 322-8380
Marcus. Fullerft almsprin gsca.go v
From: Kathie Hart
Sent: Thursday, January 21, 2016 1:05 PM
To: Rick Minjares
Cc: Tabitha Richards; Marcus Fuller; Savat Khamphou; Gianfranco Laurie
Subject: A2171 - Palm Hills Land Corp (SIA)
The above referenced agreement is for Tract 17043 subdivision improvement -- w/ 3 one-year extensions. According to
our files this agreement has expired Nov. 2008.
Ok to close?
Kathie Hart, MMC
Chief Deputy City Clerk
CALIFORNIA
City of Palm Springs "' (760) 323-8206
3200 E. Tahquitz Canyon Way 1- (760) 322-8332
Palm Springs, CA 92262 � ' Kathie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays.
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Page 1 of 1
Cindy Berardi
From: Marcus Fuller
Sent: Wednesday, April 16, 2008 2:05 PM
To: Cindy Berardi
Cc: Tom Wilson; Douglas C. Holland; Dave Barakian; Craig Ewing
Subject: RE: Palm Hills
No.
Tract Map 17043 is not the "Palm Hills" project per se that was invalidated by the Council's recent actions. Tract Map 17043 is an
approved subdivision from the 1980's with a vested — recorded final map. The subdivision agreement remains valid until its
expiration (which happens to be November 2008).
Sincerely,
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
City of Palm Springs
(760) 323-8253, ext. 8744
www.palmsprings-ca.gov
Marcus.Fulleropalmsprings-ca.gov
From: Cindy Berardi
Sent: Wednesday, April 16, 2008 1:48 PM
To: Carol Templeton
Cc: Marcus Fuller
Subject: Palm Hills
In light of the recent adoption of a resolution and ordinance setting aside the City's past approval of the Palm Hills project, should I
close out A2171 which is the Tract 17043 Subdivision Improvement Agreement which will expire 11/1/08? Thank you.
Cindy berarcli
Deputy City Clerk
Office of the City Clerk
City of Palmjprings
P. O. box 27+3
Palm Springs, CA 92262
(760) 322-8355
CindN.berardi@palmsprin�s-ca.�ov
4/16/2008
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October 15, 2007 Via Facsimile: (760) 323-1758 �0
Mr. James M. Schlecht
Schlecht, Shevlin & Shoenberger
801 E. Tahquitz Canyon Way, Suite 100
Palm Springs, CA 92262
Re: Palm Hills Land Corp., Tract 17043 Subdivision Improvement Agreement
Agreement No. 2171; Amendment#2
Dear Mr. Schlecht:
I received your letter of September 21, 2007, requesting the final one-year time extension to the
Second Amendment to the Subdivision Improvement Agreement for Tract 17043 dated October
23, 2000,
As referred to in the Second Amendment to the Subdivision Improvement Agreement, Paragraph
5 of the First Amendment to the Agreement states: "Subdivider may elect to delay or extend the
performance of the Subdivision Improvement Agreement pursuant to this paragraph annually for
a period of up to three additional years from Termination," Therefore, your request of September
21, 2007, to extend the Second Amendment to the Agreement to November 1, 2008, is approved.
As discussed at our meeting with you on October 10, 2007, your request represents the final one-
year time extension available at the discretion of the Subdivider. Although the final one-year
extension is granted to November 1, 2008, as indicated in my previous letter to you dated
September25, 2006, and as discussed at our meeting, we strongly recommend that the Subdivider
schedule discussions with the City regarding the Subdivider's intentions for development of Tract
17043. These discussions will need to be scheduled immediately, to allow sufficient time for City
staff to consider options available to the City and/or Subdivider prior to termination of the
Agreement.
The findings of fact for approval of the Second Amendment to the Subdivision Improvement
Agreement for Tract 17043 related to the Subdivider's processing of the Palm Hills Specific Plan.
As the City's approval of the Palm Hills Specific Plan was reversed by referendum, appropriate
findings for consideration of additional time extensions for the Tract 17043 Subdivision
Improvement Agreement will be necessary for a Third Amendment to the Agreement. Those
discussions will need to consider the Subdivider's ability, or intent, to commence construction of
the Tract 17043 improvements, or other City remedies including reversion to acreage of Tract
17043 pursuant to Government Code Section 66499.11 et seq.
In the event that a Third Amendment to the Agreement is proposed, it will be my recommendation
that the estimated cost of improvements($5,095,661)as stated in the original Agreement approved
May 11, 1984, be increased to reflect current costs. It is my opinion that the cited cost of
improvements and corresponding security amounts identified in Paragraphs 2 through 7 of the
Post Officc Box 2713 ° Palm Springs, California 92263-274'1
Mr.James Schlecht
October 15, 2007
Page 2
original Agreement are grossly underestimated due to the intervening 23 years that have passed
since the original Agreement was approved.
I am copying the City Clerk's office on this letter, so that they have official record of the final one-
year time extension as requested on behalf of the Subdivider, and as allowed pursuant to the
Second Amendment to the Subdivision Improvement Agreement for Tract 17043.
If you have any questions, I can be reached at (760) 323-8253, extension 8744.
Incerely,
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/Assistant City Engineer
cc Doug Holland City Attorney
'rhomas Wilson,Assistant City Manager
David Barakian,Director of Public Works1city Engineer
James Thompson,Ciry Clerk
Craig Ewing Planning Director
TM170g3(Ile
SCHLECHT, SHENLIN & SIIOENBERGI R
A LAW CORPORATION
JAMFS HI SCiILECHT LAWYERS TFI.1,PHONE (760) 320-7161
JOHN C SHEVLIN 901 CAST TAI(QUIT%CANTON WAY, SUITE 100 1"LI.LCOPILR(760) 323 1758
JON A.SHOENBEROFR
DANIELT JOHNSON PALM SPRINGS, CALIFORNIA 99962 E-MAIL Scclaw®SSsk1W Coil]
DAVIDk DARRIN MAII ING AI)URC55
ULRICER. MCNULTY P. 0. BOX 2744
RARENR GRAHAM PALM SPRINGS, CAUFORNIA 92263-2744
CI IRIS"?DEFER J.THOMSFN
IN REPLY REFF;R TO;
9517.15
September 21, 2007
HAND DELIVERED
Marcus L. Fuller,
Assistant Director of Public Works
City Of Palm Springs
Dept. of Public Works & Engineering
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
RE. Palm Hills Land Corp., Tract 17043 Subdivision Improvement Agreement
Dear Mr. Fuller:
Enclosed is a copy of your letter dated September 25,2006 which clarified our client's right to have
an extension of the existing Subdivision Improvement Agreement on Tract No. 17043 for an
additional year through November 1, 2008.
By this letter, I wish to confirm we are requesting that additional extension through that date.
As before, would you please confirm with the City Clerk's office and the other City staff heads of
this additional one year extension.
If you have any questions or otherwise wish to discuss this matter, please call me.
Thank you for your cooperation.
Very truly yourspj)lvl�
JA iWI CHLECHT
JMS t
Encld„yure
cc: Client
r
City"6 'P`a1:'n Springs
U N 20HSrp 25 r i I
5 ; y
Deparimenr of Public Works and Engineering {
3200 E.Tafihiyln,�Can�an Way • Palm Springs,California 92>_62
C NV. Tcl:(760)323.8253 i'3 ! (7C0) 3Z2-8360 • Wcb:www.ci.palm-springs.ca.us
q�/PORN
September 25, 2006 Via Facsimile: (760) 323-1758
Mr. James M, Schlecht
Schlecht, Shevlin & Shoenberger
801 E. Tahquitz Canyon Way, Suite 100
Palm Springs, CA 92262
Re: Palm Hills Land Corp., Tract 17043 Subdivision Improvement Agreement
Agreement No. 2171; Amendment#2
Dear Mr. Schlecht:
I received your letter of September 6, 2006, request a one-year time extension to the Second
Amendment to the Subdivision Improvement Agreement for Tract 17043 dated October 23, 2000.
As referred to in the Second Amendment to the Subdivision Improvement Agreement, Paragraph
5 of the First Amendment to the Agreement states. "Subdivider may elect to delay or extend the
performance of the Subdivision Improvement Agreement pursuant to this paragraph annually for
a period of up to three additional years from Termination." Therefore, your request of September
- 6, 2006, to extend the Second Amendment to the Agreement, expiring on November 1, 2005, to
November 1, 2007, is approved.
At this time there remains a final one-year time extension available at the discretion of the
Subdivider; assuming no other provisions change, or the City does not request Subdivider to
commence construction pursuant thereto. Although the final one-year extension, if requested and
granted, may allow for a final termination date of November 1, 2008, 1 recommend that the
Subdivider schedule discussions with the City regarding the Subdivider's intentions for development
of Tract 17043.
The findings of fact for approval of the Second Amendment to the Subdivision Improvement
Agreement for Tract 17043 related to the Subdivider's processing of the Palm Hills Specific Plan.
As the City's approval of the Palm Hills Specific Plan was reversed by referendum, appropriate
findings for consideration of additional time extensions for the Tract 17043 Subdivision
Improvement Agreement will be necessary for a Third Amendment to the Agreement. Those
discussions will need to consider the Subdivider's ability, or intent, to commence construction of
the Tract 17043 improvements, or other City remedies including reversion to acreage of Tract
17043 pursuant to Government Code Section 66499.11 et seq.
In the event that a Third Amendment to the Agreement is proposed, it will be my recommendation
thatthe estimated cost of improvements($5,095,661)as stated in the original Agreement approved
May 11, 1984, be increased to reflect current costs. It is my opinion that the cited cost of
improvements and corresponding security amounts identified in Paragraphs 2 through 7 of the
original Agreement are grossly underestimated due to the intervening 22 years that have passed
since the original Agreement was approved.
Post Office Box 2743 0 Palm Springs, California 92263-2743
r
Mr.James Schlecht
September 25, 2006
Page 2
1 am copying the City Clerk's office on this letter, so that they have official record of the one-year
time extension as requested on behalf of the Subdivider, and aS allowed pursuant to the Second
Amendment to the Subdivision Improvement Agreement for Tract 17043.
If you have any questions, I can be reached at (760) 323-8253, extension 8744.
Sincerely, ��.
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/Assistant City Engineer
w Doug Holland,City A00mey
Thomas Wilson,Assistant Ciry Manager
David 6arakian,Director of Public Works/Clty engineer
James Thompson,City Clerk
Craig EWing Planning Director
TMI7043 file
SCHLECHT, SHEVLIN & SHOENBERGER
A LAW CORPORATION
JAMESM SCI•LECHT LAWYERS
rOHN C. SHEVLIN 801 EAST TAH UITZ CANYON WAY,SUITE 100 TELEPHONE (760)323-716I
JON A.SHOENEERGER Q TELECOPIER(760)323.1758
DANIEL T JOHNSON PALM SPRINGS, CALIFORNIA 92262 E-MAIL ssslaw@ssslaw.com
DAVID A. DARRIN MAILING A1)DRG5S
ULRICH R MCNULTY P 0. BOX 2744
ICAREN R.GRAHAM PALM SPRINGS, CALIFORNIA 92263-2744
CI-IRISTOFFER I.TROMSEN
IN REPLY REFER TO:
9517.15
September 6, 2006
Marcus L. Fuller, .
Assistant Director of Public Works ,
City of Palm Springs
Dept. of Public Works & Engineering
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
RE: Palm Hills Land Corp., Tract 17043 Subdivision Improvement Agreement
Dear Mr. Fuller:
Pursuant to the Second Amendment to the Subdivision Improvement Agreement and-y-oudetter to
me dated October 11, 2005 in which the City granted a one year extension, i.e., through November
1, 2006, we are again requesting an additional one year extension through November 1, 2007.
If you have any questions or otherwise wish to discuss this matter, please call me.
Thank you for your cooperation.
Very truly yours,
SCIILEC T
JMS/ t
x
miry of PaIrn Spri gs
� t
" ,.Ary Deparnnent of Public Works and Engineering
i i200 8 Tahgwtz C anPon Way • Palm Springs, CalLforma 92262
V. (760) i2,-825{ Fax (-60) i2?-8 i6O \Crab.www ei pal m-spnng+_ea us
��,�aLu3e�i.Ti•
October 11, 2005 Via Facsimile: (760) 323-1758
Mr. James M. Schlecht
Schlecht, Shevlin & Shoenberger .-
801 E. Tahquitz Canyon Way, Suite 100 U,
Palm Springs, CA 92262 — s
c
Re: Palm Hills Land Corp., Tract 17043 Subdivision Improvement Agreemert;-
Esc W
Dear Mr. Schlecht:
We received your letters of August 9 and September 27, 2005, regarding a request for a one-year
time extension to the Second Amendment to the Subdivision Improvement Agreement for Tract
17043 dated October 23, 2000.
As referred to in the Second Amendment to the Subdivision Improvement Agreement, Paragraph
5 of the First Amendment to the Agreement states: "Subdivider may elect to delay or extend the
performance of the Subdivision Improvement Agreement pursuant to this paragraph annually for
a period of up to three additional years from Termination." Therefore, your request of August 9,
2005, to extend the Second Amendment to the Agreement, expiring on November 1, 2005, to
November 1, 2006, is approved.
As stated in my previous letter, at this time there are two more one-year annual extensions
available at the discretion of the Subdivider; assuming no other provisions change, orthe City does
not request Subdivider to commence construction pursuant thereto.
I am copying the City Clerk's office on this letter, so that they have official record of the one-year
time extension as requested on behalf of the Subdivider, and as allowed pursuant to the Second
Amendment to the Subdivision Improvement Agreement for Tract 17043.
If you have any questions, I can be reached at (760) 323-8253, extension 8744.
CO3 ,
Sincerely, _)(y 7 i
n,-
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/Assistant City Engineer Spa
a.n
cc Doug Holland, City Attorney
Thomas Wilson,Assistant City Manager
David Baralimn,Director of Public Works/City Engineer
,-James Thompson, City Clerk
Craig Ewing Planning Director
TM77043 file
Post Office Box 2743 0 Palm Springs, California 92263-2743
SCHLECHT, SHEVLIN & SHOENBERGER
A LAW CORPORATION
JAMES 14 SCHLECHT LAWYERS TELEPHONE (760)320-7161
JOHN Cc SHEVLIN 801 EAST TAHQUITZ CANYON WAY, SUITE 100 TELECOPIER(760)323-1758
JON A. „T.JOHN ON PALM SPRINGS, CALIFORNIA 92262
DANIEL T.JOHNSON E-MAIL ssslaw®ssslaw.com
DAVID A. DARRIN MAILING ADDRESS
ULRICH R. McNULTY P. 0. BOX 2744 of COUNSEL
KAREN R. GRAHAM PALM SPRINGS, CALIFORNIA 92263-2744 RICK M.STEIN
IN REPLY REFER TO:
9517.15
September 27, 2005
Marcus L. Fuller, Senior Civil Engineer Cal-
City of Palm Springs
Dept. of Public Works & Engineering R3•
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
RE: Palm Hills Land Corp., Tract 17043 Subdivision Improvement Agreement
Dear Mr. Fuller:
Enclosed herewith is a copy of our letter to you dated August 9, 2005. We are negotiating with a
developer who is contemplating building out the Palm Hills Project and he would like to have an
acknowledgment from the City that they have received this letter and that the Subdivision
Improvement Agreement has been extended to November 1, 2006 on Tract No. 17043.
Thank you for your cooperation.
Very truly yours,
JAM SM. S HLECHT
JMS
Enclo e
cc: ent
T ,
SCHLECHT, SHEVLIN & SHOENBERGER
A LAW CORPORATION
JAMES M. SCHLECHT LAWYERS TELEPHONE (760)320-7161
JOHN C. SHEVLIN 801 EAST TAHQUITZ CANYON WAY,SUITE 100 TELECOPIER(760)323-1759
JON A.SHOENEERGER PALM SPRINGS, CALIFORNIA 92262
DANIEL T.JOHNSON E-MAIL ssslaw®ssslawxom
DAVID A. DARRIN MAILING ADDRESS
ULRICH R. McNULTY P. O BOX 2744 OF COUNSEL
KAREN R. GRAHAM PALM SPRINGS, CALIFORNIA 92263-2744 RICK M.STEIN
IN REPLY REFER TO:
9517.15
August 9, 2005
Marcus L. Fuller, Senior Civil Engineer
City of Palm Springs
Dept. of Public Works & Engineering
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
RE: Palm Hills Land Corp., Tract 17043 Subdivision Improvement Agreement
Dear Mr. Fuller:
Enclosed herewith is a copy of your letter to me dated June 10,2005 with respect to our client, Palm
Hills Land Corp.
In accordance with that letter,on behalf of our client,Palm Hills Land Corp.,we hereby give the City
of Palm Springs notice that we are requesting a one year extension of the Subdivision Improvement
Agreement which is now scheduled to expire on November 1, 2005 and request that it be extended
to November 1, 2006.
Thank you for your cooperation.
Very truly yours,
�I l�0-0
JA ES M. SCHLECHT
JMS ct
Encl ure
cc: Client
,IUN-10-2005 FRI 04:57 PM CITY OF PALM SPRINGS FAX NO. MU&!'Cj !JU F, . w rut
f pAtAof s
City of Palm Springs
_ Deparrmenr of Public Works and Engineering
3200 E.Thhyumn Canyon Wary • Palm Springs,California 92262
9(j �5P Td; (760) 323-8253 • Fax: (760)322-8360 • Web; www.ci,pal m-springs.ca.us
FO R
June 10, 2005 Via Facsimile: (760) 323-1758
Mr. James M. Schlecht
Schlecht, Shevlin & Shoenberger
801 E. Tahquitz Canyon Way, Suite 100
Palm Springs, CA 92262
Re. Palm Hills Land Corp„ Tract 17043 Subdivision Improvement Agreement
Dear Mr. Schlecht:
We received your letters of May 6 and May 26, 2005, regarding a request to review an application
on behalf of Palm Hills Land Corp. for approval of a Third Amendment to the Subdivision
Improvement Agreement for Tract 17043. In reviewing the Second Amendment to this Agreement
dated October 23, 2000, we have determined that a Third Amendment to the Agreement is not
necessary at this time. In referring to Section 4 of the Second Amendment to the Agreement, It
incorporates by reference paragraphs 4 and 5 of the First Amendment to the Agreement, dated
December 2, 1992,
Paragraph 5 of the First Amendment to the Agreement states: "Subdivider may elect to delay or
extend the performance of the Subdivision Improvement Agreement pursuant to this paragraph
annually for a period of up to three additional years from Termination." Therefore, similarly to the
three annual requests for extension received by the City from your office on August 21, 1997; on
November 25, 1998; and lastly on October 5, 1999, the Second Amendment to the Agreement,
although expiring on November 1, 2005, is subject to three, one year annual extensions at the
discretion of the Subdivider, provided the City has not given notice to the Subdivider to commence
construction of the required improvements.
It is our opinion that the Subdivider need only give the City notice not more than 90 nor less than
60 days priorto the Termination of the Second Amendment to the Agreement (November 1, 2005)
requesting a one-year annual extension of the Amendment to November 1, 2006. At that time,two
more one-year annual extensions will be available at the discretion of the Subdivider.
If you have any questions, I can be reached at (760) 323-8253, extension 8744.•_
_ c
Sincerely,
Z
Marcus L. Fuller, .E., P.L.S.
Senior Civil Engineer zc
_
cc Doug Holland, City Atfomey
Troy BotzlaR,AsWfdnf C/ty Manager
David Baraidan,virectorol Puttic Workvuay Enpineor
James Thompson,City Clerk
Wean,Planning Director
TMi M.3 file
Posr Office Box 2743 • Palm Springs, California 92263-2743
Palm Hills Land Corp
Subdivision Agreement
AGREEMLNT #2171 Amend #2
R19923; 10-18-00
SECOND AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT
WITH CITY OF PALM SPRINGS
THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
is made and entered into this 93 day of October, 2000 by and between PALM HILLS LAND
CORP., a California corporation, ("Subdivider") and THE CITY OF PALM SPRINGS, a
municipal corporation of the State of California, ("City") and is made with reference to the
following recitals:
RECITALS:
A. This Second Amendment refers to Subdivision Improvement Agreement dated May
11, 1984 affecting Tract No. 17043 in the City of Palm Springs.
B. The City and the Subdivider entered into a First Amendment to Subdivision
Improvement Agreement dated December 2, 1992, a copy of which is attached hereto and
incorporated herein by reference.
C. All of the recitals set forth in said First Amendment to the Subdivision
Improvement Agreement are herein incorporated by reference.
D. The Subdivider is currently processing an application before the City for approval
of a Specific Plan for property affecting Tract No. 17043 and other related property.
Accordingly, the Subdivider requests, and the City concurs, that a further extension of time in
which to install the subdivision off-site improvements should be granted.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Recital paragraphs A through D above are by this reference incorporated herein as
though fully set forth.
2. The Subdivision Improvement Agreement is hereby extended so that the
commencement of construction of the street drainage, domestic water, sanitary sewer and other
improvements pursuant to the "Improvement Plans for Tract 17043" shall be deferred for a period
of five (5) additional years from the date hereof or until November 1, 2005, whichever comes
first, subject to all terns and conditions of said Subdivision Improvement Agreement, as amended.
Subdivider shall complete construction twelve (12) months after commencement.
3. Subdivider has furnished the City a Performance Deed of Trust which Deed of
Trust was recorded of record in the Riverside County Recorder's office on February 25, 1993 as
Document No. 72634. Such Deed of Trust shall continue to apply for the Subdivision
Improvement Agreement, as herein amended, to assure the faithful performance of the provisions
of this Agreement and to assure payment of the costs of the labor and materials for the
improvements required to be constructed or installed under the terms of the Subdivision
Improvement Agreement.
4. Paragraphs 4 and 5 of the First Amendment to the Subdivision Improvement
Agreement are incorporated herein by reference.
5. All other provisions of the Subdivision Improvement Agreement, as amended, shall
remain in full force and effect.
The parties hereto have executed this Agreement as of the day and year first above written.
SUBDIVIDER: CITY:
PALM H,1LL-S- AIxID (ORP., CITY OF PALM SPRINGS,
a California co a California municipal corporation
�` ,:By
�dm nd J. O'Connor, President City Manager
By,% - -C Z9 7 - -- AZT€
Ma y,lane O'Connor, Secretary
City Clerk
REVIEWED APPROVED:
BYE
City Attorney
G,h: ,)snij6 FIV 711'BZ CRT c_,Kai
2 ✓4 �;?✓ �
6'CiI'd°...�
FIRST AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT
WITH THE CITY OF PALM SPRINGS
THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT is made
and entered into this 2nd day of December, 1992, by and between PALM HILLS LAND CORP., a
California corporation (hereinafter referred to as the "Subdivider"), and THE CITY OF PALM
SPRINGS, a municipal corporation of the State of California (hereinafter referred to as the "City"),
and is made with reference to the following recitals:
RECITALS :
A. City and Environmental Research and Development Corporation ("ERDC") entered into
a Subdivision Improvement Agreement dated May 11, 1984, affecting Tract No. 17043 in the City of
Palm Springs.
B. Edmund J. O'Connor and William F. O'Connor (the "O'Connors") guaranteed said
Subdivision Improvement Agreement by that certain Guaranty Agreement dated May 14, 1984, as a
material inducement to City approving the Subdivision Improvement Agreement, and on condition that
the O'Connors could succeed to the rights and obligations of the Subdivision Improvement Agreement
should they foreclose their Deed of Trust on Tract 17043.
C. The O'Connors acquired title to Tract 17043 at a foreclosure sale conducted June 27,
1989, evidenced by Trustee's Deed Upon Sale dated June 27, 1989, recorded June 28, 1989, as
Instrument No. 213964 in the Official Records of Riverside County, California. The O'Connors
conveyed Tract 17043 to Subdivider, their wholly owned corporation, by Grant Deed dated September
25, 1991, and recorded November 15, 1991, as Instrument No. 397934, in the Official Records of
Riverside County, California.
0/6315 30/A-IMPR0VL.DLR/CWM/120392
0
D. Through acquiring title to Tract 17043, Subdivider has succeeded to the development
rights under Tract 17043 and the rights and obligations under the Subdivision Improvement
Agreement. The City desires to acknowledge the Subdivider's succession to those rights and
obligations.
E. Subject to certain conditions contained in the Subdivision Improvement Agreement, the
Subdivider had until one hundred eighty (180) days from the approval of the improvement plans for
Tract 17043, by the City Engineer, in which to commence installation of all of the off-site public
improvements described in said Subdivision Improvement Agreement, and twelve (12) months
thereafter to complete the same.
F. As the result of the current depressed state of the real estate market in the desert area
and as a result of the Subdivider's recent acquisition of Tract 17043 from ERDC and desire to restudy
the most probable method of developing the property, the Subdivider requests and the City concurs
that a further extension of time in which to install the subdivision off-site improvements should be
granted.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Recital paragraphs A through F are by this reference incorporated herein as though fully
set forth.
2. City hereby acknowledges that Subdivider has succeeded to the development rights under
Tract 17043 and the rights and obligations of the Subdivision Improvement Agreement. Subdivider
hereby assumes each and every covenant, term, condition, and obligation of the Subdivider under the
Subdivision Improvement Agreement, as amended by this Agreement.
3. The Subdivision Improvement Agreement is hereby extended so that the commencement
of construction of the street, drainage, domestic water, sanitary sewer and other improvements
pursuant to the "Improvement Plans for Tract 17043" shall be deferred for a period of five (5)
016315.30/A-IMPROVE DLR/CWM/120392 2
additional years from the date hereof or until November 1, 1997 ("Termination"), whichever comes
first, subject to all of the terms and conditions of said Subdivision Improvement Agreement, as
amended. Subdivider shall complete construction 12 months thereafter.
4. Throughout the term of this Agreement, including any extensions thereof, pursuant to
Section 5 below, City shall have the right to give Subdivider a six (6) month notice requiring the
Subdivider to commence construction of the improvements called for by the Subdivision Improvement
Agreement. If the City gives such notice, Subdivider shall have twelve (12) months to complete such
construction.
5. If the City elects not to give the six month notice during the term of this Agreement,
then not more than ninety (90) days prior to, but not less than sixty (60) days prior to, Termination
or the Termination of any extended term of this Agreement, Subdivider shall give notice to the City
that either Subdivider shall commence construction of the subdivision improvements or Subdivider
desires to delay construction of the subdivision improvements for a period of one additional year from
Termination or the Termination of any properly extended term hereunder. Subdivider may elect to
delay or extend the performance of the Subdivision Improvement Agreement pursuant to this paragraph
annually for a period of up to three additional years from Termination. Failure of the City to provide
the six month notice to commence construction of the improvements pursuant to Section 4 above, or
to otherwise enforce the provisions of this Agreement during the tern hereof, shall not be deemed a
waiver of its rights to enforce this Agreement or to foreclose the Performance Deed of Trust.
Execution of this First Amendment shall constitute a waiver of any default of Subdivider which may
exist as of the date of this First Amendment.
6. Subdivider shall furnish to the City a new Performance Deed of Trust in the form of
the attached Exhibit "A," which is herein incorporated by reference, to assure the faithful performance
of the provisions of this Agreement and to assure payment of the cost of the labor and materials for
0/6315.30/A-IMPROVE.DLR/CWM/120392 3
the improvements required to be constructed or installed under the terms of the Subdivision
Improvement Agreement.
7. All other provisions of the Subdivision Improvement Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
SUBDIVIDER: CITY:
I
PALM HI JE§LAND CO ORATION, a ClVPA RI GS, a
Califormay. rpporati 1 Cc ration
B
EDM 7D 7.-O'CONNOR, President City Manager
B
J T L„
.�i��r (�y.�i%-.=� ATTEST:
WILLIAM F.`O'CONNOR, Vice President
BY cam�(/
City Clerk
REVIEWED AND APPROVED:
BY !— ter. y ✓c r,2..
-� City Attorney
0/6315.30/A-IMPROVE.DLR/CWM/120392 4
Order No.
Escrow STEWART TITLE CO.
Loan No.. ) 0 M
ui
O � v n
RECORDING REQUESTED BY ) T+ �
(� AND WHEN RECORDED RETURN TO: ) O tt�
�Q ) 2 o CV 8a�.'s.
CV CITY MANAGER � f � G R m fi"
`a
CITY OF PALM SPRINGS ) > tom- W Vi
P. O. Box L796-�O'�G-� ) tt1
Palm Springs, California 92263 ) W /\
M N�
SPACE ABOVE TIIIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(LONG FORM)
This DEED OF TRUST, made this day of UEC Smbr- ' 194z, between PALM HILLS LAND CORP., a California
corporation, herein called TRUSTOR, whose address is: 141 West Jackson Boulevard, Chicago, Illinois 60604, SHOSHONE SERVICE
CORPORATION, a California corporation, herein called TRUSTEE, and THE CITY OF PALM SPRINGS, herein called
BENEFICIARY,
Wh'NESSETH: That Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale, that property in the City
of Palm Spr,gs,;-County of Riverside, State of California, described as: Lots 1 through 95, inclusive and Lots A through M,
nclusive 6
Tract 17043 as�hown by map on file in Book 141, Pages 52 through 57, inclusive, of Maps, Records of Riverside
�—Gounty Galif6mia.
Together with the rents,issues and profits thereof, subject,however,to the right,power and authority hereinafter given to and conferred upon Beneficiaty to collect and
apply such rents,issues and proliLs.
For the Purpose or Securing(I)performance by Trustor of the terms and conditions of that certain Subdivision Improvement Agreement dated May 11, 1984,as amended, _including the payment of obligations in the amount of_S51)00,000.00,as-set fc11h;herd, w tes'erdhich tor and conditions are incorporated heaecist and made a part of this
document,and(2)the performance of each agreement of Trustor incorporated by reference or contained herein, (3)Payment of additional sums and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,when evidenced by a promissory note or notes retiring that they are secured by this Deed of Trust.
A. To protect the security of this Deed of Trust, Trustor agrees:
L To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and
-workmanlike manncrany huibling-which nvayle-constructed,-dernaged or_dosuoyad thereon and to-payue ah�aabn�-rm�laborperforrncei told materialsfurnished
P"y '" -therefor;to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof; not to
commit,suffer or permit any act upon said property in violation of law; to cultivate,irrigate, fertilize, fumigate,prune and do all other acts which from the character or
use of said property may be reasonably necessary,the specific enumerations'herein not excluding the general.
2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or
other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Beneficiary
the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder
or invalidate any act clone pursuant to such notice. _
3. To appear in and defend any action or proceeding purporting to affect the security hereof at the rights or powers of Beneficiary or Trustee:and to pay all costs
and expenses,including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear,
and in any suit brought by Beneficiary to foreclose this Deed.
4. To pay at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock;when due,
all encumbrances,charges and liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto; all costs, fees and expenses of this
Trust.
Should Trustor fail to make any payment or to do any act as herein provided,then Beneficiary or Trustee,but without obligation so to do and without notice to or
dery i d upon Trustor and without releasing Trustor from any obligation hereof,may:make or do the same in such manner and to such extent as either may deem necessary
to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such put-poses; appear in and defend any action or proceeding
purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any incumbrance,charge or lien which
in thejudgment of either appears to be prior or superior hereto;and,in exercising any such powers,pay necessary expenses,employ counsel and pay his reasonable fees.
5. To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from data of expenditure at the amount allowed by law
in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded
by the Beneficiary not to exceed the nhaxrmmn allowed by law at the time when said statement is demanded.
B. It is mutually agreed:
1. Thal anv award of rlmnanec in conrertiou with any randenhnat nn for;,ublir use of u,.;,,j„ry to ca:d proper!y o� auy p;:r!L':ar.. ..,n_.,, .be paid[o Beneficiary who may a r 1 or release such monies received by hint in the same manner and with the same effect as above provided for disposition of pro eeds
Y lPY
of fire or other insurance.
? That by accepting Payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of
all other sums se secured or to _default for failure so to pay.
3. That at any time or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said
note for endorsement,and without affecting the personal liability of any poison for payment of the indebtedness secured hereby,Trustee may:reconvey any pan of said
property,consent to the making of any map or plat thereof;join in granting any easement thereon;or loin in any extension agreement or any agreement subordinating
the lien or charge hereof.
4. That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for
cancellation and retention and upon payment of its fees,Trustee shall reconvey,without warranty, the property then held hereunder. The recitals in such reconveyance
of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled
thereto." Five years after issuance of such full reconveyance,Trustee may destroy said Note and this Deed(unless othetwise directed in said Request).
5 That as additional security,Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to
collect the rents, issues and profits of said property,reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or
in performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become due and payable. Upon any such default,Beneficiary may
at any time without notice,either in person,by agent,or by a receiver to be appointed by a court,and without regard to die adequacy of any security for the indebtedness
hereby secured,enter upon and take possession of said property or any part thereof,in his own name sue far or otherwise collect such rents,issues and profits,including
those past due and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorneys' fees,upon any indebtedness secured
IV04
hereby,and in such order as Beneficiary may det C. The en[edng upon and taking possession of said pt� y,the collection of such rems, issues and profits and
the application thereof as aforesaid,shall not cure aive any default or notice of default hereunder or inval, any act done Pursuant to such notice.
6. That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,Beneficiary may declare all sums
secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election
to cause to be sold said property,which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed,said note and all documents
evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of de fault,and notice of sale having been given as then required
by law,Trustee,without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate parcels,and
in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the united States,payable at time of sale. Trustee may postpone
sale of all or any portion of said properly by public announcement at such time and place of sale, and front time to time therealler may postpone such sale by public
announcemenLat the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the properly so sold,but without any covenant
or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,including Trustor,
Trustee,or Beneficiary as hereinafter defined,may purchase at such sale.
Alter deducting all costs,fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale,Trustee shall apply the proceeds
of sale to payment of: all sums expended under the terms thereof,not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof;all other
sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto.
7. Beneficiary,or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or
successors to any Trustee named herein or acting hereunder,which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the
recorder of the county or counties where said property is situated,shall be conclusive proof or proper substitution of such successor Trustee or Trustees,who shall,without
conveyance from the Trustee predecessor,succeed to all its title, estate,rights,powers and duties. Said instrument must contain the name of the original Trustor,Trustee
and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee.
S. That this Deed applies to,inures to the benefit or,and binds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and assigns.
The term Beneficiary shall mcnn the owner and holder,including pledgees,of the note secured hereby,whether or not named as Beneficiary herein. In this Dead,whenever
the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural.
9. That Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a public record,as provided by law. Trustee is not obligated to
notify any party hereto of pending sale under any other Deed of Trust or crony action or proceeding which Trustor,Beneficiary or Trustee shall be a party uCess brought
by Trustee.
The undersigned Trustor, requests that a copy of any notice of default and of any notice of sale hereunder be mailed to h'fp al his addoess herembefore set Ibrlh.
Signature of Trustor It 5igit wfe of Trustor
PAL 113 L LA OR
>xdl ulfd ' `C,gn no�,r w Ident
BY l ice° I� i✓
�F. O'Connor, Vice President
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
On this ,4ay of 19,`,2,before me, the undersigned, a Notary Public in and for said State, personally
appeared Edmond J. O'Connor, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as the President, and William J. O'Connor, personally known to me (or proved to me on the basis of
satisfactory evidence) to be, the person who executed the within instrument as the Vice; President of the Corporation that executed the
within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution
of its Board of Directors.
WITNESS my hand and official seal. OFFICIAL S7ILLINOIS
PATRICIA MOR ���—
} NOTARY PUBLIC. STATE �� ;c J/� —
ylY CUA4iv11SSI0N EXPIRE NOTARY PUBLIC
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid. Signatures must be notarized. t
TO: SHOSHONE SERVICE CORPORATION, TRUSTEE: Dated:
The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said
Deed of Trust have been fully paid and satisfied, and you are hereby requested and directed, on payment to you of any sums owing to
you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you
herewith together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed
of'Trust, Cite estate now held by you under the same.
STATE OF CALIFORNIA )
) ss.
COUNTY OF R1VERSME l -
On this day of ,19 ,before
me, the undersigned, a Notary Public in and for said State,
personally appeared
,personally known to me (or
proved to me on the basis of satisfactory evidence)to be the
person whose name is subscribed to the within instrument,
and acknowledged to me that he/she/they executed the same.
MAIL RECONVEYANCE TO:
WITNESS my hand and official seal.
NOTARY PUBLIC 2
Environmental Research & Dev.
CITY OF PALM SPRINGS Corp. - Subdiv Impr Agr for
Tract 17043
SUBDIVISION IMPROVEMENT AGREEMENT AGREEMENT #2171 (Orig 5-11-84)
signed by CM 11-8-84
THIS AGREEMENT , made and entered into this 11th day of
May, 1984, by and between ENVIRONMENTAL RESEARCH AND DEVELOPMENT
CORPORATION, hereinafter collectively referred to as "Subdivider"
and CITY OF PALM SPRINGS , a municipal corporation of the State
of California, hereinafter referred to as "City" ;
WITNESSETH:
WHEREAS , Subdivider has prepared and filed a final sub-
division map of Tract No. 17043 in the City of Palm Springs , County
of Riverside, for approval by City; and
WHEREAS , as a condition precedent to the approval of said
map by City, Subdivider is required to offer for dedication those
parcels of land intended for streets, highways and other public
use , and also to construct and install or agree to construct and
install certain improvements ; and
WHEREAS, Subdivider, by said map , has offered for dedication
to City for public use the streets and easements shown on said map ;
and
WHEREAS , as a condition precedent to the offer of the
dedication of such streets and easements by City, Subdivider is
required to enter into an agreement with the City to construct
certain improvements ; and
WHEREAS , the total cost of such improvements has been
estimated by the City Engineer to be approximately $ 5 , 095 , 661,
NOW THEREFORE, IT IS AGREED by and between the parties
hereto as follows :
1. Subdivider, at his sole cost and expense , shall construct
and install the street, drainage, domestic water, sanitary sewer and
other improvements required to be constructed or agreed to be con-
structed as a condition precedent to the approval of said final map
and acceptance of such streets and easements , as shown on the "Improve-
ment Plans for Tract No. 17043" , a copy of which is now on file in
the office of the City Engineer of the City and which is referred to
and incorporated herein as though set forth in full. The plans and
specifications for the off-site water supply and storage system to be
constructed by Desert Water Agency have not been prepared although
Desert Water Agency has notified the City of its estimate of the cost
of such system and such cost is included in the obligation of Subdivider
under Paragraph 2 and the improvements are covered by this Agreement.
2. To assure faithful performance of said Agreement, Subdivider
is held and firmly bound unto the City of Palm Springs in the sum of
$ 5 , 095 , 661. lawful money of the United States for the payment of
which Subdivider binds itself and its successors and assigns .
3. To assure payment of claims to which reference is made in
Title 15 (commencing with Section 3082) of Part IV of Division 3 of the
Civil Code of the State of California, Subdivider is held and firmly
bound unto the City of Palm Springs and all contractors, subcontractors ,
laboreres, material men and other persons employed in the performance
of said Agreement and referred to the aforesaid Code of Civil Procedure
in the sum of $ 2 547 831, lawful money of the United States for
the payment of w ich Su divider inds itself and its successors and
assigns for materials furnished or labor therein of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such
work or labor.
I Subdivision Improvement Agreement
Page 2
4. To assure full payments to all contractors , their sub-
contractors and to persons renting the equipment or furnishing
labor or materials for the setting of survey monuments in accord-
ance with the provisions of Government Code Sections 66495 , 66496
and 66497, Subdivider is held and firmly bound unto the City of
Palm Springs in the sum of $ Rn l00 _ lawful money of
the United States for the payment of which Subdivider binds itself
and its successors and assigns .
5. In addition to the liability of the Subdivider under
Paragraphs 2 , 3 and 4 of this Subdivision, Agreement , pursuant to
Section 9 . 65 . 030 of the Subdivision Ordinance of the City of Palm
Springs , Subdivider is held and firmly bound unto the City of Palm
Springs in the penal sum of $ 2 547 831 lawful money of
the United States for the payment of which Subdivider binds itself
and its successors and assigns to cover the cost and reasonable
expenses and fees including reasonable attorneys ' fees which may
be incurred by the City in enforcing the security provided for
herein.
6 . As security for the aggregate liability of the Sub-
divider under Paragraphs 2, 3 , 4 and 5 of this Agreement in the
sum of $ 10 , 272 ,422. , Subdivider has executed and delivered
to the City of Palm Springs concurrently herewith a Deed of Trust
in the form attached marked Exhibit A.
7. The liability of the Subdivider under Paragraph 2 through
5 inclusive of this Agreement shall be satisfied and the Deed of
Trust released upon acceptance by the City of the improvements
required to be completed under the Agreement and the furnishing of
a maintenance bond or other security satisfactory to the City at
the time of acceptance in the amount of $ 764, 492 . Said
maintenance bond or security shall remain in effect for a period
of one year from date of acceptance of the improvements .
8. Before final approval of street improvements , the Sub-
divider will place survey monuments in accordance with the provisions
of the State Subdivision Map Act and the Subdivision Ordinance of
the City of Palm Springs as shown on the Tract Map.
The Subdivider, after setting the monuments , shall furnish
the City Engineer of the City of Palm Springs written notice of
the setting said monuments and written proof of having paid the
engineer or surveyor for the setting of said monuments , or as
provided for in the Subdivision Map Act.
9 . The City Engineer or his duly authorized representative,
upon written request of Subdivider, shall inspect the improvements
herein agreed to be constructed and installed by Subdivider, and
if determined to be in accordance with the applicable City standards ,
shall recommend the acceptance of such improvements by the City.
10 . Subdivider shall complete such improvement plans in-
cluding any corrections and revisions thereto necessary to comply
with the applicable City standards as determined by the City
Engineer within thirty (30) days after approval of the final map.
11. Subdivider shall perform any changes or alterations in
the construction and installation of such improvements required by
the City, provided that all such changes or alterations do not exceed
ten (10%) percent of the original total estimated cost of such
improvements .
SL;bdivision Improvement Agreement
'Page 3 0
12. Subdivider shall guarantee such improvements for a
period of one year following the completion by Subdivider, and
acceptance by City, against any defective work or labor done , or
defective materials furnished, in the performance of this Sub-
division Improvement Agreement by Subdivider and shall repair or
replace any such defective work or materials discovered during
said one year period.
13. Subdivider shall commence the construction and install-
ation of such improvements with one hundred eighty (180) days from
the approval of such "Improvements Plans for Tract No. 17043" by
the City Engineer, and shall complete such construction and install-
ations within twelve (12) months from such date of commencement .
14. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform such
obligation twenty (20) days after mailing written Notice of Default
to Subdivider at the address given below, and agrees to pay the
entire cost of such performance by City.
15. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider agrees to pay all costs and
expenses incurred by City in securing performance of such obligations ,
including costs of suit and reasonable attorney' s fees .
16. Subdivider hereby binds itself, its executors , admin-
istrators and assigns , and agrees to indemnify, defend, and hold
the City harmless from any losses , claims , demands , actions or
causes of action of any nature whatsoever, arising out of or in any
way connected with the improvements agreed to be constructed and
installed hereunder by the Subdivider, including costs of suit and
reasonable attorney' s fees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
ENVIRONMENTAL RESEARCH & DEVELOPMENT CORPORATION
SUBDIVIDER: ^
n_L
CH UNNN, Presi ent
By: �1_ c �
GEORGE LA Pn,,RE, Secretary
4116 Matthew Drive
Address
Palm Springs California 92264
City
ATTEST : CITY OF PALM PRINGS , C LIFORNIA
By: c � ' /^,,.
Z_pCity
Clerk City Manager
5 ,
REVIEWED & APPROVED �.b
GUARANTY AGREEMENT
THIS GUARANTY AGREEMENT is made this 14th day of May,
1984 , by EDMUND J. O' CONNOR and WILLIAM F. O' CONNOR ( "Guarantors")
and is made as a material inducement to and in consideration of
the City of Palm Springs approving a Subdivision Improvement
Agreement by and between the City and ENVIRONMENTAL RESEARCH
AND DEVELOPMENT CORPORATION, a copy of which Subdivision Im-
provement Agreement is attached hereto marked EXHIBIT "A" and
incorporated herein by reference.
Guarantors unconditionally and irrevocably guaranty and
Promise to and for the benefit of the City of Palm Springs
that they shall perform the provisions of the Subdivision
Improvement Agreement in the event the subdivider fails to
do so and upon the condition that the Guarantors obtain title
to that certain real property described in EXHIBIT "B" attached
hereto and incorporated herein by reference as the result of
a foreclosure on the existing First Trust Deed held by the
Guarantors.
Guarantors further agree that in the event they do foreclose
on said real property they will forthwith provide the required
security for the Subdivision Improvement Agreement as required
under the applicable sections of the California Government Code.
Guarantors waive the benefit of any statutes of limitations
affecting Guarantors ' liability under this guaranty.
The provisions of the Subdivision Agreement may be changed
by agreement between the City of Palm Springs and subdivider at
any time, or by course of conduct, without the consent of or
without notice to the Guarantors. This guaranty shall guaranty
the performance of the Subdivision Agreement as thus modified.
Assignment of the Subdivision Agreement, if permitted by
the City of Palm Springs , shall not affect this guaranty.
This guaranty shall not be affected by the failure or the
delay of the City of Palm Springs to enforce any of the terms
of said Subdivision Improvement Agreement.
If the subdivider defaults under the Subdivision Improvement
Agreement, the City of Palm Springs can proceed against the
Guarantors herein as soon as they have completed foreclosure
proceedings and obtained title to said real property in their
names. If the applicable time period set forth in the Sub-
division Improvement Agreement terminates , the City of Palm
Springs can thereafter enforce those rights against the
Guarantors without giving previous notice to the Guarantors
or without making any demand on either of them.
Guarantors waive all presentments , demands for performance,
notices of non-performance, protests , notices of protest, notices
of dishonor, and notices of acceptance of this guaranty, and
waive all notices of the existence, creation, or incurring of
new or additional obligations.
If the City of Palm Springs is required to enforce the
Guarantors ' obligations hereunder by legal proceedings , the
2 .
Guarantors shall pay to the City of Palm Springs all costs
incurred, including without limitation reasonable attorneys '
fees.
Guarantors obligations under this guaranty shall be binding
on Guarantors ' successors in interest.
Guarantors acknowledge and agree that any obligations under
any Subdivision Improvement Agreement with respect to domestic
water facilities to be installed for and under the supervision
of the Desert Water Agency shall also be included within this
guaranty. The Guarantors further agree that the City of Palm
Springs may enforce the Subdivision Improvement Agreement with
respect to such domestic water facilities and if it is deemed
reasonable and necessary, the City of Balm Springs may assign
that portion of the Subdivision Improvement Agreement to the
Desert Water Agency and if such assignment is made, the Desert
Water Agency may enforce that portion of the guaranty contained
herein.
Guarantors acknowledge that they have been represented by
counsel of their choosing in the preparation and in the signing
of this guaranty and they have had the guaranty and its legal
effect explained to them.
THE CITY�OF PALM SPRINGS
By
WILLIAM F. O'CONNOR
NORMAN R. KII6
CITY MANAGER l
EDMUND J O' CONNOR
GUART012$,_
T STATE OF CALIFORNIA
�a COUNTY OF RTVFR STDR Iss.
o On MAY 15, 1984
before me,the undersigned,a Notary Public in and for
said State,personally appeared WILLIAM F. O'CONNOR
U
k, E personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is
¢ subcribed to the within instrument as the Attorney in Fact of R1lMTTNP T_ O'('ONNOR
N
and acknowledged to me that he/ctw subscribed the name(s)
m
'- of Fi1MifNT1 J. N'('Ol`'mTOR
C
` l��a�
thereto as principal(s),and his/Jaoc own name as Attorney in j
Fact.
WITNESS my hand and official seal `\,am��1%�i,
� � 'ry Conn E, 17,f966
vSignature—/f�� 'J'C/'J (This area for official notarial seal)
0
0
M
c STATE OF CALIFORNIA )
q, COUNTYOF RIVERSIDE )ss.
ro On MAY 15, 1984
said State,personal) a WILLIAM F. ,before me,the undersigned,a Notary Public in and for
y appeared O'CONNOR
u
EE
m
E personally known to me(or proved to me on the basis of sates-
m factory evidence)to be the person(s)whose names)is/esasub-
a
: scribed to the within instrument and acknowledged t _
=o o me that
he/64c,c 4W executed the same. astl
m WITNESS my hand and official seal. �i'rli v6N6A -
.( IU
a J li 1986
Signature
(This area for official notarial seal)
RECORDING REQUESTED r -
CITY OF PALM SPRINGS,v 0
CALIFORNIA V x
AND WHEN RECORDED MAIL TO �
rJOHN MANGIONEJ�T °� � �
J NAME 4 1 V g - O
ADDRESS Director of Community Dev. .. to `-' :� u
A.r ,
CrTy & City of Palm Springs w a4� a _ "a
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Title Order No. — Escrow No ' m`
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CORPORATION DEED OF TRUST AND ASSIGNMENT OF RENTS
BY THIS DEED OF TRUST,made this day of May 19 84, between
ENVIRONMENTAL RESEARCH & DEVELOPMENT CORPORATION, a Delaware corporation,
(herein singulary called "ERDC") and SECURITY TITLE INSURANCE COMPANY,
-Trustee, unaeY Trtist—P. T. -25IfZ-Riv, herein Loge g,Fcalled Trustor, whose address is
4116 Matthew Drive Palm Springs , California 92264
(number and street) (cityy (state zip)
and SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called Trustee, and
the CITY OF PALM SPRINGS , CALIFORNIA , herein called Beneficiary,
Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in
the City of Palm Springs , Riverside County, California, described as
That certain real property described on Exhibit A attached and by such
reference made a part hereof.
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to
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The terms and conditions of that certain Subdivision Improvement Agreement
between Trustor and Beneficiary of even date herewith are incorporated
in and made a part of this document.
Trustor also assigns to Beneficiary all rents, issues and profits of said realty reserving the right to collect and use the same
except during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and
enforce the same se any l tyl yule e of
For the purpose of securing: e O y L Ct1e toob 11 t7.OnS & AaSZment bV E�DR Of
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o even dot �ierewith
4k0£F4} OTKil{kXPR3�InC� I6Cdrf${ and any extensions or renewals thereof; (2) the payment of any money that
may be advanced by the Beneficiary-to -Trustor,-br his successors, with interest thereon,- evidenced-icy-- additional-.toles--
(indicating they are so secured) or by endorsement on the original note, executed by Trustor or his successor, (3) performance
of each agreement of Trustor incorporated by reference or contained herein.
On October 25, 1973, identical fictitious Deeds of Trust were recorded in the offices of the County Recorders of the Counties
of the State of California, the first page thereof appearing in the book and at the page of the records of the respective County
Recorder as follows
COUNTY Book Page COUNTY Book Page COUNTY Book Page COUNTY Book Page
Alameda 3540 89 Kings 1018 394 Placer 1528 440 Siskiyou 697 407
Alpine 18 753 Lake 743 552 Plumas 227 443 solano 1860 581
Amador 250 243 Lassen 271 367 Riverside 1973 139405 , Sonoma 2810 975
Butte 1870 678 Los Angeles T8512 751 Sacramento 731025 59 Stanislaus 2587 332
Calaveras 368 92 Madera 1176 234 San Benito 386 94 Sutter 817 182
Colusa 409 347 Marin 2736 463 San Bernardino 8294 877 Tehama 630 522
Contra Costa 7077 178 Mariposa 143 717 San Francisco B820 585 Trinity 161 393
Del Norte 174 526 Mendocino 942 242 San Joaquin 3813 6 Tulare 3137 567
El Dorado 1229 594 Merced 1940 361 San Luis Obispo 1750 491 Tuolumne 396 309
Fresno 6227 411 Modoc 225 668 San Mateo 6491 600 Ventura 4182 662
Glenn 565 290 Mono 160 215 Santa Barbara 2486 1244 Yolo 1081 335
Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 713 Yuba 564 153
Imperial 1355 801 Napa 922 96 Santa Cruz 2358 744 File No.
Inyo 205 660 Nevada 665 303 Shasta 1195 293 -San Diego 73-299588
Kern 4809 2351 Orange 10961 398 Sierra 59 439
The provisions contained in Section A, including paragraphs 1 through 5, and the provisions contained in Section B, including
paragraphs 1 through 9 of said fictitious Deeds of Trust are incorporated herein as fully as though set forth at length and in
full herein
The undersigned Truster requests that a copy of any notice of default and any notice of sale hereunder be mailed to Trustor at
the address heremabove set forth, being the addressedfor
P hep purpose of qI k tie,
AENVIRON, ` TAF^ 4, HDEV DEVELOPMENT—CORPORATI V STATE OF CALIFORNIA J /� 1
' COUNTY ofLcu AA lPs } SS. ��/�
Of
pp vA
o On�� - be[me me, ��-, SAFECO
the undeisi!ned, a Notary Public in and for sa { County and State, � /J�A�
A,Y'
N personally appearedana�ol � o \ {�L.aj 1 ;TAMP _
known to me to he the_ . .-V/ei!—Presidem, and—
known to me to be
°a C.� Secretory of the corporation that executed the
o
within Instrument. known [o me to he the persons who executed the �nonni����aes�e�anQaaci®®a�®a.
within Lhsti Instillment on behalf of the rm pm'a[ion therein named, vvltt ,°) r OFFICIAL SEAL
a acknowledged to me that such corporation executed the within
v_ instrument pursuant to its bylaws or a resolution of its hoard of
SS::�.E,,°"i J. 11).�' U
`. directors. FJ[;��-.r.-M :;.n r�1tF,,..: ntoTFRv rt,eLir,-CAUPO;tdlq
1'Rfl'Ja ALOFFICE lid
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L03 AHGELES COL4d iY �
at -�i /I r -, f�.iy Cnmmiscian Exp.Oct 29, ;9g4
C9 - (i/' ✓ i"'a^,;,.,a+e�rse.r:=_zcs,t;ry.-arn
Signature
- u � =acSeefmm"auq�
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Do NOT RECORD—Provisions incorporated from Recorded Fictitious Deed of Trust.
A. TO PROTECT THE SECURITY IJEREOP, TRUSTOR AGREES: [A] To pay: at least ten days before delinquency all taxes and
assessments affecting said property, including assessments on ap.
[I] To keep said property in good condition and repair, preserve purtenant water stock; when due, all incembamses, charges and
thereon the buildings, complete construction begun, restore damage liens, with interest, on said property or any part thereof, which
or destruction, and pay the cost thereof: is commit or permit no appear to be prior or superior hereto; all costs, fees and expenses
waste, no violation of laws or covenants or renditions relating to of this Trust.
se, alterations or improvements: to cultivate, orate, fertilise, Should Trustor fail to make any payment r to do any act as
fumigate, prune, and do all other acts which the character and u herein provided, then Beneficiary or Trustee, but without obligation
1 said property and the estate or interest in said property secured so to do and without notice to or demand upon Truster and wfth-
r' by this Deed of 'trust may require to Preserve this security. t releasing Truster from any obligation hereof. may: make or do
[21 To Provide, maintain and deliver to Beneficiaryfire insurance the same in such manner and to such extent ne either may deem
necessary a u to protect the security hereof. Beneficiary or Trustee
coectd satisfactory to and with loss payable to Beneficiary. The amount being authorized to enter upon said prop in for such purposes;
collected under any fire or they insurance policy may be applied appear in and defend any action or proceeding purporting o to affect
e;
aide,
Beneficiary Ben upon any indebtedness secured hereby and in such the security hereof to the rights or powers of Beneficiary or Trustee;
ardor s Beneficiary may determine. Beneficiary o may release pays hutches contest or compromise any ino be prior charge o
all or any part thereof to Tractor. Such application or release shall hen which in the judgment col either appears to necessary
prior or superior
not cure or waive any default o notice of default Hereunder or in- hereto: and, in exercising any such powers, pay necessary expenses,
validate any ad done pursuant to such notice- employ counsel and pay his reasonable lees.
[31 To appear in and defend any action or proceeding purporting [51 To pay immediately and without demand all sums so ex-
to affect the security hereof or the rights or powers of Beneficiary pended by Beneficiary or Trustee, with interest from data of ex-
or Trustee: and to Pay all costs and expenses, including cost of penditure at seven per cent per annum, and to pay for any state-
evidence of title and ttorney's fees in a reasonable sum, in any ment provided for by law regarding the obligations secured hereby
such action or proceeding in which Beneficiary or Trustee may in the amount demanded by Beneficiary,m nt excedin the g thereaxi-
fore.
appear mum a Permitted by at the time of t e
4 B. IT IS MUTUALLY AGREED THAT: by
11] Any award of damages in connection with any condemnation Trustee may postpone sale E all or y portion of said property me
for public use -f or injury to said property or any part thereof is - public announcement nt at such time and place of sale, and fromtime
hereby assigned to Beneficiary, who may apply or release such ,o lime thereafter may a preceding postponem nt. irus n u .....e-
i onays received by him in the same manner and with the same t the time tired ch the preceding postponement. Trustee shall sold,
effect as provided for disposition of proceeds of fire or other liver it such purchaser its deed conveying the property s sold.
but without any covenant or mtterswarranty, expressed or implied. The
insurance. rentals in such deed of any mallets or lasts shall be conclusive
[2] By accenting payment of any sum secured hereby alter its Trost of the truthfulness thereat. Any person, including Trustor
duo date, Beneficiary does not waive Ivr right either require Trustee, or Beneficiary as hereinafter defined, may purchase at such
payment when due of all ether sums so secured or to declare de- rule.
' taint for failure so to pay.
[3] At any time or upon
time to time, without liability therefor Alter deducting all costs, fees and expenses of Trusteeconnection
and 1
and tion of
afire, pan written request 1 endorsement,
a and pre- this Trust e shall g cost of evidence of title i connection with
senlying the
This Deed and said f to for endorsement and without sale. Trustee shall apply the proceeds of sale to Payment of: all
affecting the personal liability of any person for payment of the sums expended under the terms hereof, not then repaid,with accrued
indebtedness secured hereby. Trustee ay: reconvey any Par, of interest at seven per cent per annum: all other sums then secured
said Property; consent to the making o1 any map thereon loin in hereby: and the remainden if any, to the person or persons legally
or subordinating
any casement thereon: r join in any agreement extending entitled thereto.
subordinating the lien or charge hereof.
cure Upon written request of Beneficiary staling that all is se- [B] This Deed applies to, inures to the benefit of. andess binds all
red hereby have been paid. and upon surrender of this Deed parties hereto, their legal representatives and successors in in-
and said to to Trustee for consults
¢nc It hen and retention and upon forest. The term Beneficiary hall include any future owner and
Payment of itshe fees. Trustee shaft reconvey without warranty, holder, including Pledgees, of the note secured hereby. in this
the property then held hereunder. The recitals o such a trot yanco Deedj whenever the next nt requires. the masculine gender es
of any mutters or furls shall be conclusive proof of the truthfulness lodes the feminine and/or neuter, and the singular number includes
thereof. The granted in such reconveyance may be described as the plural.
"the person or persons legally entitled thereto." [7] Trustee accepts this Trust when this Deed, duly executed
[51 Upon default by Tractor in payment of any indebtedness it and acknowledged, is made a public record an provided by law.
cured hereby or in performance of any agreement hereunder. Trustee is not obligated to notify any party hereto of pending sale
Beneficiary may declare all sums secured hereby immediately due under any other Deed o1 Trust or of any action or proceeding
in
and payable by delivery to Trustee of written declaration of default which Taints. Beneficiary or Trustee shall be a party unless brought
and demand for sale and o1 written notice of default and of election by Trustee.
to cause said property to be sold, which notice Trustee shall cause [3] Th. Trusts created hereby are irrevocable by Traitor.
to be duly filed for record. Beneficiary also shall deposit with
Trustee this Deed, said nola and all documents evidencing ex- [B] Beneficiary may substitute a successor Trustee from if.. la
Penditures secured hereby. time by recording in the Office of ,he Recorder or Recorders of the
Trustee shall give notice of sale as then required by law, and county here the property is located an instrument stating the
without demand o Trustor. at least three months having elapsed election by the Beneficiary to make such substitution, which in
-
after recordation of such notice of default, shall sell said property slrument shall identify the Deed of Trust by retarding reference,
at the time and place of cute fixed by it in said notice of sale, and by the name of the original Truster. Trustee and Beneficiary,
either ses a whole or ' separate Parcels and in h order as it a d shall set la rth ,he home
and address of the raw Trustee, d
may determine, at public auction to the highest bidder for cash which instrument shall be signed by the Beneficiary and duly
in lawful money of the United States, payable at time of sale. acknowledged.
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid
To SAFECO Title Insurance Company, Trustee: Dated
The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust. All
sums secured by said Deed of Trust have been paid, and you are requested, on payment to you of-any sums
owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by
said Deed of Trust, delivered to you herewith and to reconvey, without warranty, to the parties desig-
nated by the terms of said Deed o; Trust, the estate now held by you under the same.
Mail Reconveyance to:
- By
By
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be
delivered to the Trustee for cancellation before reconveyance will be made.
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} PARCEL I:
The west half of the West half of Section 32,
Township 4 South, Range 5 East, San Bernardino
Base and meridian, as shown by the Official Plat
thereof.
PARCEL 2:
The East half of the Northwest quarter of Section 32,
- - -T0:a11ship 4 South, Range 5 East, San Bernardino Base and Meridian, as shown by the Official Plat thereof;
EXCEPTrNG therefrom the Northeast quarter of the
Northeast quarter of said Northwest quarter, as
conveyed by Deed recorded December 12, 1972 as
Instrument No. 1638I4 of Official Records of
Riverside County, California.
Said land is also shown as Tract No. 17043 as shown by Map on file
in Book. 141 ,pages :5?— through 5-7 inclusive of Maps, Records of
Riverside County, California.
This instrument is executed by Security Title Insurance
Company in its fiduciary capacity as trustee under its
Trust P.T. 2502-RIV and Security Title Insurance Company' s
liability is limited to the assets of that particular trust.
EXHIBIT A
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C ITY OF PALM SPRINGS
CASE NO. final Tract Map 17043 (Ref.Case 5.00 8A,PPROVED BY PLAN. COMM. DATE
PD-T91
APPLICANT Ervin Eng./M. Dunn APPROVED BY COUNCIL DATE
REMARKS Section 32 ORD. 40. RESOL. N0. 150_53