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HomeMy WebLinkAboutA2185 - PALM CANYON RANCH EPSTEIN SUBDIVISION TM 17470 Order.No. ©OTC a 2000--0009T l F;s row,No. 01/03/2000 08:00R Fee:NC Loari Neu. Page 1 of a Recorded in official Records ` County of Riverside Gary L. orso WHEN RECORDED MAIL TO: Assessor, County Clerk & Recorder II City of Palm Springs Illllllll111111 P.O. Box 2643 _. .� Palm Springs, CA 92263 PAGE� y u SIZE OA PCGR NOCGR SMP MISC Attn: City Clerk — e DEED OF TRUST WITH ASSIGNMENT OF RENTS j A K L COPY LONG 4CFNNO NG _ (LONG FORM) This DEED OF TRUST, made this 1?—" day of &0VCM&,fJQ , 19 between PALM CANYON RANCH, a general partnership herein called TRUSTOR, c/o Selzer, Ealy, Hemphill & Blasdel LLP whose address is 777 E_ Tahquitz Canyon Way, Ste. 328 , Palm Springs, Cali ornia 922 (Number and Street) (city) Pate) FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, herein called TRUSTEE, and The CITY OF PALM SPRINGS, a municipal corporation herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in tide City of Palm Springs County of Riverside Sta`e of California, described as: Lots 8, 11 and 12 of Tract 17470, as shown by Map on file in Book 148, of Maps, pages 14 and 15, Records of Riverside County, California. See RIDER TO DEED OF TRUST attached hereto and incorporated herein by reference. together with the rents,issues and profits thereof,subject,however,to the right,power and atrt,ority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,issues and profits,for the purpose of securing(1) - $ufs-ef S See R11:kR TO®CF II= _ &FId BAOR81GRE , (2) the performance of each agreement of Trustor incorporated by reference or contained herein and(3)payment of additional sums and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,wizen evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, Trustor agrees: (1) 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 manner any building which may be constructed, darrnaaed or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to comrriw 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 (continued on reverse side) t'93(11� PaSe 1 at A &e,5' do all other acts which from the character or use of said property may be reasonably necessary, the sp tsific enurnerations 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 done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's 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 demand 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 purposes; 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 encumbrance, charge or lien which in the judgement 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 demarid-all sums so expended by Beneficiary or Trustee,with interest from date 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 maximum allowed by law at the time when said statement is demanded. B. it is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) 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 so secured or to declare default for failure so to pay. - _.- (3) That at anytime 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 person for payment of the indebtedness secured hereby,Trustee may. reconvey any part of said property;consent to the making of any map or plat thereof;join in granting any easement thereon;or join in any extension agreement or any agreement subordinating 8 the lien or charge hereof. 12,OU"U CM;M ti (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 or other disposition as Trustee in its sole discretion may choose 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." (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 the 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 for 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 attorney's fees,upon any indebtedness secured hereby, and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. _ (continued on next page) 1193 t1194 page 2 of F (6) ' That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement tierevrider, Ballefioiary 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 default,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 property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property 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. After 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 hereof,not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all Ether 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 of 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. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators,executors,successors and assigns.The term Beneficiary shall mean the owner aid holder,including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed,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 peed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any parry hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any notice of default and of any notice cf sale hereunder be mailed to him at his address hereinbefore set forth. 'ignature of r tar Signature of Trustor P' MCADM a r �� Pariatr } STATE OF CALIFORNIA }ss. COUNTY OF i r�u:i On Y VO\)Qq.nnho A— .li q i VV"C before me, r personally appeared personally known to me (or_puuced�o me�w tEae baslss�t satisfar� j-ey1dttice)to be the person(s�whwe narnefs}is-'are subscribed to the within instrument and acknowledged to me that heJslae/they,executed the same in his,her/their aut-crized capac'rty(ies), and that by his/hwAheir signature%on the instrument the persons}or the entity upon behalf of which the persons-acted, executed the instrument. WITNESS my hand and official seal. ANNIFER DENM Signature tiA _ �Uvv � Cowm Joni 1137416 overside cowty (Th fo$gflt=MtMX0b§ bV 11.2M] (continued on reverse sir. 1193(1194) � a 9 11111 PaSe 3 of S JJJJ Jill 08 �i:© � ec�r+ DO NOT RECORD REQUEST FOR FULL RECQNVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY,TRUSTEE~: A The undersigned is the legal owner and holder of the note or notes,and of all other indebtedness secured by the foregoing Deed of Trust.Said note or notes,together with all other indebtedness 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 said note or notes above mentioned, and all other 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,all the estate now held by you under the same. Dated Please mall (Teed of Trust, Note and Reconveyance to 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. Vr Cl) w LL cc CZ 0 . a , v CC LLI W N Page 4 of 4 Exhibit"A" LEOAI.DESCRIPTION OF PROPERTY The property is that certain real property in the City of Palm Spria.s,County of Riverside,State of California,more particularly described as follows: Lots 8, 11,and 12 of Tract Map No. 17470,as shown by map on file in Book 148,Pages .1.4 and 15 of Maps,records of the Riverside County Recorder's Office,Riverside County,California. l I{I II 11{I If I II 1 11l 2900-6600'1 I I11NI I�IIII IIII�III Ilillll IIIIII IIIII III�IIII Ill II I N1;c73.'4 f' RIDER TO DEED OF TRUST THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated No Vgm a CR i I , 199 1, between Palm Canyon Ranch, A General Partnership ("Trustor"),First American Title Insurance Company ("Trustee"),and the CITY OF PALM SPRINGS,a municipal corporation("Beneficiary"). Said deed of trust is hereby modified/supplemented (and as rmodified/supplemented is hereinafter referred to as"this Deed of Trust")in the following particulars only: 1. Obligations,Seeped. The grants,assignments and transfers made herein are given for the purpose of securing full and timely observance and performance by Trustor of its obligations under that certain City of Palm Springs Subdivision Improvement Agreement executed concurrently herewith("Subdivision Improvement Agreement"). 2. Remedies. Trustor hereby agrees that the City's right to enforce any breach of Trustor's obligations tinder the Subdivision Improvement Agreement shall include, but not be limited to,the right of the City,its employees,agents,or contractors,to enter upon all or any portion of the Property to remedy any such breach and/or perform any improvement under the Subdivision Improvement Agreement at the expense of Trustor.Any expense incurred by City in remedying such breach shall be payable by Trustor to City,in a form acceptable to City,within thirty(30)days of City's written demand thereof.Should Trustor fail to pay City such amount as demanded by City within such thirty(30)days,City shal I have the right to lien the Property for the amount of the cost of curing such breach of any provision of the Subdivision Improvement Agreement, plus any additional costs,incurred by City in attempting to recover such costs,including but not limited to, attorneys fees and costs.In addition to any and all other remedies of Beneficiary set forth tender this Deed of Trust or permitted at law or in equity,if a default or event of default under the Deed of Trust shall have occurred,Beneficiary,to the extent permitted by law and without regard to the value, adequacy or occupancy of the security for the Subdivision Improvement Agreement and other sums secured hereby,shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Property and to collect all rents,income and other benefits thereof and apply the same as any court ofcompetent.j urisdiction by ex parte application and without notice,notice of hearing being hereby expressly waived.The expenses,including receiver's fees, attorneys' fees,costs and agent's compensation,incurred pursuant to the power herein contained shall be secured by this Deed of Trust.rurthennore,Trustor specifically acknowledges that certain non-monetary defaults may occur under this Deed of Trust and in such event,Beneficiary and/or Trustee shall have the right to commence foreclosure proceedings based solely upon such non- monetary defaults. 3. Miscellaneous. 3.1 Severabilit . If any provision of this Deed of Trust or the application hereof to any person or circumstance shall be invalid or unenforceable to any extent,the remainder of said Deed of Trust and the application of such provisions to other persons or circumstances shall not be effective thereby and shall be enforced to the extent permitted by law, 3.2 Attorn_ ey's Fees. Should it be necessary for any party to commence an action at law or in equity against the other to enforce the terms of any provision of this Deed of Trust,the prevailing party shall have a right to judgement against the losing party for reasonable attorney's fees and costs as set by the court.In the event of nonjudicial foreclosure of this Deed of Trust,Beneficiary shall be entitled to recover its reasonable attorneys fees and costs,wluch shall be deemed secured by this Deed of Trust,from proceeds of the sale and/or a condition to reinstatement of this Deed of Trust. 3.3. Conflict. In the event of any conflict between the terms of this Rider to Deed of Trust and the Deed of Trust to which this Rider is attached,the terms of this Addendum shall control. 1 IIIIIII HIM IIIII III IIIIIIIIIIIIIIIIIIIII IIIIIIIII II1I rA,03 5 9oe 8slaefl Palm Canyon Ra ch, neral P ne ip 11 By:__ Stanley mbauJim Its:Managing General Trustor° (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) 2 IIIIIII IN III I 1111111111113 11111 III IIIIIIII III) �'°a 6 of 83 tiaH CALIFORNkA ALL-PURPOSE ACKNOWLEDGMENT ���'=C`.�<-'.,r-tCi��^!`�-�,r=•l,rf•C'�:,�1:;�^.n r;�C%'�c�.�^�^i,TC`���^ CS�:�:rv-'<'�ti'C`ut s�'_�::•(`A:.�s.�...�1:-.z'Y:rG'C�.G•C`�'i:r,^.C('.F!`i��wCh^C,�('�i:^<;:7:s� State of County of i. On 7 : ._.— before me, �rJW;\��x,tr-- t._�.:-1•i`\`'11r� __.,_ r i,�I L7ale Name and Tille of Officer(e 9,"Jane Doe,Notary Public') j personally appeared a Name(s)of signer(s) ` personally known to Me—OR-OR—F9 provecl isfaetor -@videmce to be the person(s)„ 9; whose name(s) is/are-subscribed to the within instrument �J and acknowledged to me that he/she/they executed the Gh same in his/herdtheir authorized capacity(ies);and that by ; U. his/herAheir signatures)on the instrument the person(s); , or the entity upon behalf of which the person(s)-acted, �r JEN"FER DENNIS executed the instrument. > ri Cornmwon 0 1137415 (� R11fBi ido county WITNESS my hand and official seal- (( My corwn.B(plres May 11.2001 ,> Slgnaturs of Notary PublicC71 �' 7 OPTI NAL �> Though the information below is not required by taw,it may pro a valuable to persons relying on the document and could prevent >> ' fraudulent removal and reattachment of this form to another document. II� Description of Attached Document {' Title or Type of Document: c� \ )ZQ-14 (�I i( �,`1 T� 1 <� Document Date: ►�1;4��.rw��[k7��. _1 ����''' „Number of Pages: f; S) Signer(s) Other Than Named Above: {`- Capacity(ies) Claimed by Signer(s) <l �>�y Signer's Name: , Signer's Name: { ❑ Individual ❑ Individual tit ❑ Corporate Officer ❑ Corporate Officer •il `l Title(s): Title(s): SC� 1� Partner-----❑ Limited ❑ General ❑ Partner—L Limited ❑ Generale 1�,' ❑ Attorney-in-Fact nI Attorney-in-Fact �I ❑ Trustee _ El Trustee 61 ❑ Guardian or Conservator _ Ll Guardian or Conservatorjoig ; (I aEZ Other: i Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: >l t 0 1906 Nat(onal Notary A66oClahon 8236 Remmet Ave,P.C.Box 7184•Canoga Park,CA 91302.7184 Prod No.5907 der 9It Toll-Free 1-800-876.6827 c00F1-000971 I 01:'F)3.'c6C70 0C (lLrrl 111111 HIM 111111111111111111111111111111111 IN IN � 8 CERTIFICATE OF ACCEPTANCE TRIS IS TO CERTIFY that the interest in real property conveyed by DEED OF TRUST dated: November 19, 1999 from, PALM CANYON RANCH Trustor, to the City of Palm Springs, California, on this l6th day of December, 1999, pursuant to authority granted by the City Council of said City, by Resolution No. 19695 made on the 1st day of December, 1999, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 16th day of December, 1999, PATRICIA A. SANDERS City Clerk Rev. 3/98 !!4�!!�l11I!!l4�111lIII4lI�! �i�spa�ao�a�alF�fl Subdiv Impr Agr TR 17470 • AGREMWUNT #2185 R19695, 12-1-99 34�`€'19rr1d�9 PCD: IL, °•(, CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT,made and entered into this 101 day of A/&yEAf 8CR 199 9 ,by and between Palm Canyon Ranch, a General Partnership, hereinafter collectively referred to as "Subdivider" and CITY OF PALM SPRINGS, a mrmicipal corporation of the State of California, hereinafter referred to as "CITY'; WITNESSETH: WHEREAS, Subdivider has prepared, filed, and recorded a final subdivision map of Tract Map No. 17470 in the City of Palm Springs, County of Riverside, as approved by City; and WHEREAS, Subdivider, by said map, has secured the required street and sewer improvements via a Subdivision Improvement Agreement and Letters of Credit; and WHEREAS,Subdivider desires to substitute said Letters of Credit with a Deed of Ti ist using Lots 8, 11, and 12 of said Tract Map No. 17470 as security; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately$ 362,724.00 (inclusive of the Desert Water Agency Faithful Performance and Labor/Material Bonds) ; 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 constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements, as shown on the "Improvement Plans for Tract Map No. 17470", 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. 2. Subdivider shall execute a Deed of Trust encumbering the property upon which the subdivision map is being recorded, in the form attached hereto, to secure the performance by subdivider of its obligations hereunder. It is hereby agreed that the amount secured by the Deed of Trust is the cost to construct the improvements,which cost is currently estimated to be $362,724.00. Subdivider shall procure for the City, at subdivider's sole cost and expense, an ALTA Lender's Policy of Title Insurance, in a form and content satisfactory to the City,insuring the priority of said Deed of Trust. The City shall reconvey the Deed of Trust upon acceptance by the City of the improvements, the payment by subdivider of any fees and costs necessary to reconvey the Deed of Trust and the furnishing of a maintenance bond at the time of the acceptance in the amount of$21,954.94. Said maintenance bond shall remain in effect for a period of one (1) year from date of acceptance of the improvements. 3. Before final approval of street improvements, the Subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Final Map. The Subdivider, after setting the monuments, shall furnish the City Engineer of the City of Palm Springs, written notice of the setting of monuments and written proof of having paid the engineer or surveyor for the setting of said monuments, or as provided for in the Subdivision Map Act. 4. In accordance with the terms of said subdivision regulation aforesaid,the Subdivider does hereby agree to furnish a good and sufficient bond in the amount of$N/A(included in the total monies for security) to guarantee payment of the cost of setting monuments as stated in Item No. 3 of this agreement. 5. 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. 6. Subdivider has delivered to city and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined)which are required to be constricted and installed in order to accommodate the development of the property. 7. Subdivider shall perform any changes or alterations in the construction and installation of such improvements required by City,provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. 8. Subdivider shall guarantee such improvements for a period of one(1)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 Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one (1) year period. 9. Subdivider shall commence the construction and installation of such improvements within eighteen (18) months from the approval of this amended Subdivision Improvement Agreement and shall complete such construction and installations within nine(9)months from such date of commencement.This Agreement is to be considered a part of Planned Development District No. 79 (PDD 79) and any time extensions applicable to said PDD 79 shall also apply to this Agreement inclusive of the required security for the Works of Improvement. 10. 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 A3 to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. 11. 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 any such obligations, including costs of suit and reasonable attorney's fees. 12. Subdivider hereby binds itself, its executors, administrators 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. SUBDIV DE . ah Can n Ranch, A Gener I P rt ersh'p By: t n ey Tan nb um Its: Managing neral Partner Address: Mr. Stanley Tananbaum C/O Selzer, Ealy, Hemphill & Blasdel, LLP 777 East Tahquitz Canyon Way, Suite J28 Palm Springs, CA 92262 � - City Clerk City Manager Reviewed and Approved: 1'4 k(-)V 'D 6Y UN,L L Escrow No. Loan No. � DIOC t*2000-0000'71 Conformed Copy 01/03/2000 WHEN RECORDED MAIL TO: Gary t_ Orso City of Palm Springs Assessor-County Clerk-Recorder P.O. Box 2643 Palm Springs, CA 92263 Attn: City Clerk -- SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (LONG FORM) This DEED OF TRUST„ made this ( ! day of NbVEM6FP' 19 79 between PALM CANYON RANCH, a general partnership herein called TRUSTOR, c/o Selzer, Ealy, Hemphill & Blasdel LLP - whose address is 777 E. Tahquitz Canyon Way, Ste. 328, Palm Springs, Calipornia 922 (Number and Street) (City) ($,rate) FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation, herein called TRUSTEE, and The CITY OF PALM SPRINGS, a municipal corporation herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the City of Palm Springs County of Riverside State of California, described as: Lots 8 , 11 and 12 of Tract 17470 , as shown by Map on file in Book 148 , of Maps, pages 14 and 15, Records of Riverside County, California . See RIDER TO DEED OF TRUST attached hereto and incorporated herein by reference. together with the rents,issues and profits thereof, subject,however,to the right,power and auLiority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,issues and profits,for the purpose of securing(t) ra er: e 8Orn-ef $ See FILER To CFED OF Tdbfi - (2) the performance of each agreement of Trustor incorporated by reference or contained herein and(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 reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, Trustor agrees: (1) 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 manner any building which may be constructed, darraged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;to comply widt all laws affecting said property or requiring any alterations or improvements to be made thereon; not to comrn�.or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of lav;-to cultivate, irrigate—fertilize, fumigate, prune and (continued on reverse side) 1153(tts=) Piss 1 OS t � r (VA do all other acts which from the cm'dFacter 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 done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's 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 demand 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 purposes; 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 encumbrance, charge or lien which in the judgment 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 demarid all sums so expended by Beneficiary or Trustee, with interest from date 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 maximum allowed by law at the time when said statement is demanded. S. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) 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 so secured or to declare 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 person for payment of the indebtedness secured hereby,Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof;join in granting any easement thereon;orjoin 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 or other disposition as Trustee in its sole discretion may choose 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." (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 reoard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any par, thereof, in his own name sue for 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 attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (continued on next page) 1193 (1/9 Page 2 of= (6) That upon default by Trus payment of any indebtedness secured Oby or in performance of any agreement hereunder, Beneficiary may declare a 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 shalt 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 default, 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 property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property 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 Truster,Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After 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 hereof, 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 of 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. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, tt-eir heirs, legatees, devisees, administrators, executors,successors and assigns.The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, 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 of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any notice of default and of any notice cf sale hereunder be mailed to him at his address hereinbefore set forth. ignature of for Signature of Trustor PALM CPi M 1 a Stanley , GE » Pat-lr-j2c } STATE OF CM IFORNIA }ss. COUNTY OF �, �l e.f'i A A. } On VO\\9 rnhah 1' ,\a 3S before me, personally appeared }cunn�p_t_-TC ,g inV),_Lkuvv, personally known to me (or prayed to nth h 'c of satisfactory avidenra) to be the person(c) whose name*is'a;ee subscribed to the within instrument and acknowledged to me that he/sheA#ey executed the same in his,he4heir aut-crized capacry(ies), and that by hlslheFlFNeir signatures)on the instrument the persons}or the entity upon behalf of which the person(.-acted, executed the instrument. WITNESS my hand and official seal. JENNIFER DENNIS Co Signature an+Non•1137415 Notes Pubic—CONOMlo IT 11,2MI (continued on reverse si 715 Pacee 3 3 of 0}4 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY The property is that certain real property in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: Lots 8, 11, and 12 of Tract Map No. 17470,as shown by map on file in Book 148,Pages 14 and 15 of Maps, records of the Riverside County Recorder's Office, Riverside County, California. RIDER TO DEED OF TRUST THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated NoncmBgA 19 , 1991 , between Palm Canyon Ranch, A General Partnership ("Trustor"),First American Title Insurance Company ("Trustee"), and the CITY OF PALM SPRINGS, a municipal corporation ('Beneficiary"). Said deed of trust is hereby modified/supplemented (and as modified/supplemented is hereinafter referred to as "this Deed of Trust") in the following particulars only: I. Oblieations Secured. The grants, assignments and transfers made herein are given for the purpose of securing full and timely observance and performance by Trustor of its obligations under that certain City of Palm Springs Subdivision Improverent Agreement executed concurrently herewith ("Subdivision Improvement Agreement"). 2. Remedies. Trustor hereby agrees that the City's right to enforce any breach of Trustor's obligations under the Subdivision Improvement Agreement shall include, but not be limited to,the right of the City, its employees,agents,or contractors,to enter upon all or any portion of the Property to remedy any such breach and/or perform any improvement under the Subdivision Improvement Agreement at the expense of Trustor.Any expense incurred by City in remedying such breach shall be payable by Trustor to City, in a form acceptable to City, within thirty (30) days of City's written demand thereof. Should Trustor fail to pay City such amount as demanded by City within such thirty(30) days, City shall have the right to lien the Property for the amount of the cost of curing such breach of any provision of the Subdivision Improvement Agreement, plus any additional costs, incurred by City in attempting to recover such costs, including but not limited to, attorneys fees and costs.In addition to any and all other remedies of Beneficiary set forth under this Deed of Trust or permitted at law or in equity,if a default or event of default under the Deed of Trust shall have occurred, Beneficiary, to the extent permitted by law and without regard to the value, adequacy or occupancy of the security for the Subdivision Improvement Agreement and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Property and to collect all rents, income and other benefits thereof and apply the same as any court ofcompetent jurisdiction by ex parte application andwithout notice, notice of hearing being hereby expressly waived. The expenses, including receiver's fees, attorneys' fees, costs and agent's compensation, incurred pursuant to the power herein contained shall be secured by this Deed of Trust. Furthermore, Trustor specifically acknowledges that certain non-monetary defaults may occur under this Deed of Trust and in such event, Beneficiary and/or Trustee shall have the right to commence foreclosure proceedings based solely upon such non- monetary defaults. 3. Miscellaneous. 3.1 Severability. If any provision of this Deed of Trust or the application hereof to any person or circumstance shall be invalid or unenforceable to any extent,the remainder of said Deed of Trust and the application of such provisions to other persons or circumstances shall not be effective thereby and shall be enforced to the extent permitted by law. 3.2 Attorney's Fees. Should it be necessary for any party to continence an action at law or in equity against the other to enforce the terns of any provision of this Deed of Trust, the prevailing party shall have a right to judgement against the losing party for reasonable attorney's fees and costs as set by the court. In the event of nonjudicial foreclosure of this Deed of Trust,Beneficiary shall be entitled to recover its reasonable attorneys fees and costs,which shall be deemed secured by this Deed of Trust, from proceeds of the sale and/or a condition to reinstatement of this Deed of Trust. 3.3 Conflict. In the event of any conflict between the terms of this Rider to Deed of Trust and the Deed of Trust to which this Rider is attached, the terms of this Addendum shall control. 1 00 • G 0D Palm Canyon R ch, neraZrtneiip By: Stanley anbaum Its: Manning General P ner "Trustor" (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) 2 CALIFORNIA ALL-PURAE ACKNOWLEDGMENT • Stateoi County of w E S� On before me,91 Data Name and Tllle el Onicer(e.g,"Jane Doe,Notary Pub air) personally appeared Nam.(.)of Signers) 1jQpersonally known tome—OR be the person(&). whose name( is/ayesubscribed to the within instrument and acknowledged to me that he/slaekt-iey executed the same in his/het:Ahe+r authorized capacity(ieer);and that by his/he9tke*signature(&) on the instrument the person(s)- or the entity upon behalf of which the person(-#acted, JENNIFER 9ENM5 executed the instrument. 5 S ComrrYvion#1137415 Y •� Notary PLOW—Cdypmq � 7 w.erslae county WITNESS my hand and official seal. m my corr .E4*w Moy 11,2001 �I I' Signature of Notary 3 O T/ NAL Though the information below is not required by law,it may p e valuable to persons relying on the document and could prevent FS fraudulent removal and reattachment of this form to another document. l Description of Attached DDocument t 51 Title or Type of Document: A At � Document Date: nlfj�n c� — Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)��Cl"a''imed by Signer(s) Signer's Name:�lg� 7I"wV1c1n)blLcnv Signer's Name: i ❑ Individual El Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator r Other: Top of mumb here ❑ Other: Top of thumb here r�r t 7� Signer Is Representing: Signer Is Representing: I L�Z_ m 1995 Nat,enal Notary Association•8236 Remmat Ave,P.O Box 7184•Canoga Park,CA 91309-7184 Prod No 5907 � #der: a II-Free 1-800-876-6827 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by DEED OF TRUST dated: November 19, 1999 from, PALM CANYON RANCH Trustor, to the City of Pahn Springs, California, on this 16th day of December, 1999, pursuant to authority granted by the City Council of said City, by Resolution No. 19695 made on the 1st day of December, 1999, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 16th day of December, 1999. PATRICIA A. SANDERS City Clerk Rev. 3/98 Jetty B. Lpstei1i Atty it 'Act Subdiv Tmpr Agr for Tr 17470 AGREEMENT #2185 (Orig 1-31-85) CITY OF PALM SPRINGS signed by CM 1-31-85 SUBDIVISION IMPROVEMENT AGREE THIS AGREEMENT, made and entered into this a/fed �y of �eutin� ✓ lgz; by and between JERRY B. EPSTEIN, ATTORNfY'IN FHT hereinafter collectively referred to as Su divider 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 subdivision map of Tract No. 17470 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, Sub- divider 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, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an a reement with the City to construct certain improvements; and WHEREAS , the total cost of such imp ve nts has been estimated by the City Engineer to be approximately $ 172,R18. 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 constructed as a condition precedent to the approval of said final map and ac e tang p such streets and easements , as shown 'on the "Improvement Plans for l_r-- 1�14— a copy of which is now on file in the office of the City Engineer of t e City and which is referred to and incorporated herein as though set forth in full . 2. Subdivider shall furnish to City good and sufficient bonds executed by a corporation authorized to transact surety businesslj2p� th State of California on forms approved b City, one bond in the sum of $ 8 9. t a r the faithful performance of this Agreement, and one bond in the sum of 96, � .�JO to assure payment of the cost of the labor and materials for the improv_e�ents required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements . The developer shall furnish a maintenance bond at the ;time of execution of this agreement in the amount of $ 25,972.00 which shall remain in effect for a period of one year from date of acceptance of the improve- ments . 3. Before final approval of street improvements, the subdivider 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 onithe 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. Subdivision Improvement Agreement Page 2 4. In accordance with the terms of said subdivision regulation aforesaid, the subdividerld888 �Sreby agree to furnish a good and sufficient bond in the amount of $ I to guarantee payment of the cost of setting monuments as stated in Item No. 2 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be con- structed 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. 6. Subdivider shall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable, City standards as determined by the City Engineer, within thirty (30) dayys after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. 8. Subdivider shall guarantee such improvements for a period of one year following t'ie completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period. 9. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Imp!rovement Plans for Tract 17470 by the City Engineer, and shall', complete such construction and installations within nine (9) months from such date of commencement. 10. 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. i 11 . 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. 12. Subdivider hereby binds itself, its executors, administra fors and assigns, and agrees to indemnify, defend, and hold the City harmless,s 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. Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBD By: c/o Best , Best & Krieger (WCE) ' 600 E. Tahquitz-McCallum Way Address Palm Springs , CA 92262 City CITY OF PALM SPRINGS , CALIFORNIA f (/ City Cler� 'City .Manager REVIEWED & APPROVED _74��...... STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On this the 15th day of January, 1985 , before me, the undersigned Notary Public, personally appeared JERRY B. EPSTEIN, Attorney-in-Fact for Bernard Adelaar, Maurice Adelaar and Kaye Adelaar , The Adelaar Family Partnership, Florence Levine and David T. Goldstick, Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Minnie Lee Tananbaum, Florence Levine and David T. Goldstick as Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Barbara Levy (nee Barbara Eve Tananbaum) , Stanley Tananbaum and Doris Tananbaum and Ruta Tananbaum, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of the individuals therein named, and he acknowledged to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Attorney-in-Fact of said individuals , and on behalf of said individuals , said acknowledged to me that he subscribed his own _ name as Attorney-in Fact, and that such individuals executed the same. WITNESS and official seal. �� L'3� %Ctla.I, SEAL STFNJ,4ft1- (�:::� �� NOl"s',?.Y i%UBLit - UL6'�RNIA c�- \`-rsn��.�+%` m7ERS10E COi;':fY � cc��` hAy Comm. E;�,ires f�'R 30, 1935� AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by and between the City of Palm Springs , a municipal corporation (the "City") and BERNARD ADELAAR, MAURICE ADELAAR and KAYE ADELAAR, THE ADELAAR FAMILY PARTNERSHIP, FLORENCE LEVINE and DAVID T . GOLDSTICK, Trustees under the Last Will and Testament of MARTIN TANANBAUM, in Trust for MINNIE LEE TANANBAUM, FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANAN- BAUM, in Trust for BARBARA LEVY (nee BARBARA EVE TANANBAUM) , STANLEY TANANBAUM and DORIS TANANBAUM and RUTA TANANBAUM (collec- tively the "Subdivider") , with reference to the following: WHEREAS, the City Council of the City and Subdivider have entered into that certain Subdivision Improvement Agreement dated 198j- ("said Agreement") , an executed copy of which is attached hereto and incorporated herein by this refer- ence, under the terms of which Subdivider agrees to install and complete certain designated public improvements in Tract 17470 ; and WHEREAS, Subdivider is required under the terms and condi- tions of said Agreement to provide bonds to secure (a) the faith- ful performance of the terms and conditions of said Agreement; (b) the payment of the cost of labor and materials for improve- ments required to be constructed or installed thereunder; and (c) the payment of the cost of setting monuments , as stated in said Agreement. NOW, THEREFORE, the parties agree that in satisfaction of all of the obligations under said Agreement to provide those cer- tain bonds as set forth in said Agreement, Subdivider shall and does hereby transfer, grant and assign the following Certificates of Deposit to the City: (a) a Certificate of Deposit issued by Santa Monica Bank in the sum of One Hundred Seventy Two Thousand Eight Hun- dred Forty-eight Dollars ($172 , 848) , for the purpose of securing Subdivider' s performance of all the terms and conditions of said Agreement; (b) a Certificate of Deposit issued by Santa Monica Bank in the sum of Eighty Six Thousand Four Hundred Twenty-four Dollars ($86 ,424) for the purpose of securing Subdivid- er' s payment to the engineer, contractor, its subcon- tractors and the persons renting equipment or furnishing labor or materials to them for the improvements provided in said Agreement; and (c) a Certificate of Deposit issued by Santa Monica Bank in the sum of Eleven Thousand Dollars ($11 , 000) for the purpose of securing the faithful performance for the setting of survey monuments in accordance with the pro- visions of Sections 11566 and 11592 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Tract Map for Tract 17470 . The parties aar_ee that the Certificates of Deposit hereby transferred, or any funds payable thereon, are to be held by the City in trust for the sole purpose of guaranteeing Subdivider' s performance or payment to the City of the above-described obliga- tions as set forth in said Agreement and any alteration thereof made as therein provided, in the event of default by Subdivider. The funds represented by the Certificates of Deposit, and any interest thereon, shall be released by the City to Subdivider upon Subdivider' s satisfaction of their obligations as set forth under the terms and conditions of said Agreement. The parties further agree that any interest payable or paid under_ the terms of the Certificates of Deposit, copies of which is attached hereto as Exhibits "A" , "B" and "C" , shall be the sole and separate property of Subdivider and the City shall not apply or use said interest, or any part thereof, for the purposes herein set forth. The parties further_ acknowledge and agree that Subdivider shall have the right at any time during the term of said Agree- ment to secure the performance of said Agreement by substituting Letters of Credit or Bonds for the Certificates of Deposit herein described so long as said Letters of Credit or Bonds are in amounts equal to the face amounts of the Certificates of Deposit and are issued by an institution approved by the City, and are in a form acceptable to the City. This Agreement shall bind and inure to the benefit of the respective parties , their successors , personal representatives and assigns. -2- DEOAA/Epsl/1-15-85/bl IN WITNESS WHEREOF , the parties hereto have executed this Agreement at Palm Springs, California, on the date or dates shown below. SUBDIVIDER: s Date: I IS 1985 By: ERRY B. EP �a STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On this the 15th day of January, 1985 , before me, the undersigned Notary Public , personally appeared JERRY B. EPSTEIN, Attorney-in-Fact for Bernard Adelaar, Maurice Adelaar and Kaye Adelaar , The Adelaar Family Partnership, Florence Levine and David T. Goldstick, Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Minnie Lee Tananbaum, Florence Levine and David T. Goldstick as Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Barbara Levy (nee Barbara Eve Tananbaum) , Stanley Tananbaum and Doris Tananbaum and Ruta Tananbaum, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of the individuals therein named, and he acknowledged to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Attorney-in-Fact of said individuals , and on behalf of said individuals , said acknowledged to me that he subscribed his own name as Attorney-in Fact, and that such individuals executed the same. WITNESS my hand and official seal . F�QPl NOTARY'PUBLC -I'`&IPORNIA l' RIVERSIDE COUNTY FAy comm. eapiias A71t 30, 19IIG TY ATTORNEY, CITY OF PALM SPRINGS By: -3- DEOAA/Epsl/1-15-85/bl O Santa�� wka Ba In .NON NEGOTIABLE-NON'TFAN3FERdBL6 ir✓JT NOI YPE 230074 - 0 1251 Fourth Street SINGLE MATURITY - CERTIFICATEOF, DEPOSIT Santa `Manica, '.CA January"14 s"$5 **** CITY OF PALM SPRINGS **** HAS/HAVE DEPOSITEQ3N THIS SANK I O NE H Jl�]- D F flOCLARS S 1 J2. H48.00 PAYABLE TO ** Same As Above ** `: -•• " - g�I UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED, AT THE OFFICE OF ISSUE-THIS €' CERTIFICATE MATURES JO Days (2-T3-85) FROM DATE'AND BEARS INTEREST AT THE RATE OF. 7,50 %PER ANNUM FROM DATE UNTIL MATURITY, THIS CERTIFICATE EARNS NO INTEREST AFTER MATURITY IT MAY NOT BE WITHDRAWN PRIOR TO MATURITY UNLESS SUBSTANTI AL INTEREST IS FORFEITED YNTEREST PAYABLE- OMONTHLYQUARTERLY ®ATMATURITY HOLD - J FOR BANK USE ONLY AU HuHI U SIGNATURE 11110 16 3 1II' 1s 5 i 1 1,1100 l0i' �X�fll3rd" i rvon-rtewrrwe�s-rtptu�rrzwrvsrsrsne�s CllST NO/TYPE Santa251Fo Fourth S afl�( SINGLE MATURITY 230074/ 1251 fourth Stret CERTIFICATE OF DEPOSIT 01,63 G2 San#a Monica,"GA " January 74 9"85 ** CITY OF PALM SPRINGS *** -HAStPIAVE DEPOSITED;IN THIS EANx *** EIGHTV SIX 1-01EAND FDUR HUNDRED 114FNTY FOUR Doi LaRSs` RIF; AM On PAYABLE TO ** SAME AS ABOVE ** UPON MATURITY AND PRESCNTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED, AT THE OFFICE OF ISSUE.THIS CERTIFICATE MATURES 3D„DaYs (2-13-85) FROM DATE,ANO BEARS INTEREST AT,THE RATE OF. 7.50 %PER ANNUM FRGM DATE UNTIL MATURITY.. THIS CERTIFICATE EARNS NO INTEREST AFTER MATURITY IT MAY,NOT BE WITHDRAWN PRIOR TO MATURITY UNLESS SUBSTANTIAL INTEREST FS EORFEITED INTERESTPAYASLE MONTHLY QUARTERLY ®AT MATURITY HOLD " t FOR BANK USE ONLY AU HORlZED SIGNATURE - - - ii• 10163211' 1: 511L"100101: Xwe 1 I Santa. • w NON-NEGOTIABLE-'NON-Tft ANSFERK�LE CUST WIT pE 230074(005 O 1251 4th ST SINGLE MATURITY CERTIFICATE OF DEPOSIT 0 1.�3 SANTA MONICA; CA. 90401 JANIIARY 14:,e'RF * * * ***THE- CITY OF PALM'-SPR JUGS* *4' HAS/HAVE DEPOSITED IN TH I$,SANK - * * * '*FLFVFN THOUSAND* * * * * "DOLLARS s***j l annn do*** '.. PAYABLETO * * * *THE CITY OF PALMI SPRINGS*.* UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED, AT THE OFFICE OF ISSUE.THIS CERTIFICATE MATURES 30,'DAYS (2-13-85) FROM DATE AND BEARS INTEREST AT THE RATE OF 7.50 %PER ANNUM FROM DATE UNTIL MATURITY., THIS CERTIFICATE EARNS,NO INTEREST AFTER MATURITY,-IT MAY NOT BE WITHDRAWN PRIOR TO MATURITY " UNLESS SUBSTANTIAL INTEREST IS FORFEITED. INTEREST,PAYA BLE MONTHLY []QUARTERLY D,ATMATURITY-FOLD FOR 9AM11K k15E ONLY - AUT RIZED SI GNATURE i n' LOL5331" 1: 5iLL"^00101: I First interstate Bank a „tionis • „_ In nternernational Division �u ®®11645 Box 54191 1 Los Angeles, California 90054 CAE" NL!Ir I.JS T-2fiul.,U' L,T Bank TT �y l' Y� _ '{� p FORMERLY UNITED CALIFORNIA BANK Cable Address I .ILEVOUA.L,L,I, DODUMENTA_RY IJRELIT FICALBANK Telex No,674421 �~ -- �+CTI AND DATE OF ISS. I ,,,,,,. ....T: sl i�, � - DATE �' U'li: D A.I h A;V L YLr, (`:F.'. 0'N �,1,: I17.I 1�C, ,rr- ^e - rn Cl,_ Ct T ! 'I "1pq �'a Lf A,NIGEL S , '120 I'.C:J. I 13 15 1'E73 19 AT 1`. I .b .C . ,LO8 FPi(.L , ,N A y l.l'��.ul(iANrI': 13 E N E4i'11G 1Ai.=r: � JEE 'Y =3. GPSTE'IN CIM C.e` F'AZY"i SPi?INCI'S , u_ A'i'T(7PPIL'Y-Iiv—:n'tlC'PA I''')UNICIPAL COP P'0FAT10N 10 62i 1 ITIA MA)-ITP,fA 320Q/j! Ar. l I'1., N i i:A.I T � ' "7 � J f MI II -_�F i, s MARINA DEL 13RI i'RLM1 SPRINGS , r , �' c, c,. h ; 52 UAI,IICRIIIA J lL.,1 CALT GxfEIA •, ADVISING _BIINZI : PIN 0U111`1': � LIS�i'7% ,�-ki).591 r '_ __ _ - RO - llLREC`1' ONE i3"WIMPRED SE-VIEN'T'Y TWO 'Th001SANJ1 EIGHT _.rT. ,"'� I ernI HT , �G EIGHT iiul4Dl_EL :N -T LIGt". 1 .3D!D. �U/1a UNITED SY?I_S ll01JLARS S4( tiDIT AVAILis131.1y Di ITT ii: FIRST INT.3IiSTkr1,�= 5 BANE U ' CALII'ORNIA , LLA r BY : PAYMENT AGAINST PTIESf,NTAT'TO'\i Ok' r.l ll E �,,. D r t, �,-, ...i,. , , '7 Ih.� " UuIJy�'N1.S :Il_,.1.`_p" IL)ill; "11L!,ii_.I!''J E"Yli t}7+' !ns fQU,R llHAFTS AT SIUy'P D','.AG(N ONI FIRST i11L; 1 c TER n r BANK n r , � .91 �i Ild.LL_' Si.gT.E 'EAfuL OF �,AGTS'O'RP,I6. , LJS -`,`r kNU"EIES 1V 1— YOUR DATED ST.ATEi,iENT, INDICATING SIGNED BY THE DIR,.Pii( TU;3 0E <J0M1VjLfN11.2Y s 'DEVELOPMENT Ok' T;3Is' CI'J'.'Y� OF PALM SPRINGS , A MifMIICIPAL CORPOi,l_TION (•'T�Ijii C1iY") , �,.��,ILIl1� .Y. TN' lHf:i. j1, 1.1 II TLLI , P"'1`1'UPLt�II�.,—T11-9AL"`1.' ( S-J)-PF1IITTDSsl3 � ) , :3A 1V0'1' PD111 ORM1ID id l Ux'CCI-NG- 'I'G- ''I"I��? 5':�.3,!°15 AND CONDTTIJANUARY016,�?98 ,AB' ' AND B'b' lV,U:Elll IRE ON CITY PI&NDSSUr'DTUIDER, &N-D T-ffATL9'i'.:! 1iMOPiiT ?II. .'.+fl l!t 1E'R FIRST INTEPSTATY ,AINK -!'7k' Y;AI,I`C?AlI TO"S AN( l1E;i 'If LFTTCrR OF CREDIT N'OM-. E_: TS Nol, "t)UE' ApIT, :PRY .DI•E'• DOCUMENTS PRIISL'PiTED iEEIREUNDE'll MOST ACCOMiPLNY TIi4, ORIGII4;;T O:e TffIS �rf LE `_ F.� Ue CREDIT. ;s 4.11 "r dE Z:: E J ISS'[L' P iTS DOCUv UPnrh Y CREDIT I1 YOUR IIVO H . IT IS S'UIIJ'ICr 1.) TF1E UPIIsI CCI'S'I'OM5 AND P-4CTICE, TiOIi D0C-dVEP[TARY CREDITS (1CJ86 PrVIS10P'I AM> IR PliINT RNATONAL II + -Ukl IIIUATION NO , p-16!a _PICA u ENGAGES 'OS It+? "9.CUORJ7aNCP 4,`L'.Plf `1'111!; `1'PT1°IS TriE;P! I�'pI', `1'FLT�4 N",1MifBF,P. AND D_a,T=�; O1 ��' s 'lL'1'iIpLC_ILLT'il'DT1�k'UATL 7;Lli BYjNi��U`.L'Iil'IINJf;FiR PPLTSNI'VFI'C1IGlJ1. �_AT �"E1t?UUT'Ji'D ON T9E REVERSE U1' TAIS A1?dlLr :`3Y T'ifll, EAINII:iC :Hfi,R i `i'tlf! i:'R P. I's IS AVA.I.LA.b'I7r. " J �1 r 1 1% r Y L `ail J 6 r 1�T 0 h� Sr is AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE Z, � a NOTE: Presentation(s) to be marked on the back of the original L/C only. DAZE OF AMOUNT IN FIGURES PRESENTATION AMOUNT IN WORDS NAME,STAMP AND SIGNATURE OF THE L°AI\Y i�.,�„�`tiFr.�``,Fr..,�'r�.,�YF.,��`fF.,,�.1�1'(�..ilYCrr z'1(r..ti(r.,`�..,1(�„�1`s'r.,`�r. il'fr„�1'�.,�., '��r.,lY�.,��`'U�.�G�.�1�.,�1'�l.'�r.,�i�"�1���.�'0�.1'Pr•.�'�„��'r�.alr�.i°�.,yl°r�, • First IntersFirst of CaVorni ate Bank International Division !`y Interstate Box 54191 �+ Q3nl< Los Angeles, California 90054 s ronmeR cv um Teo CALIFORNIA anwa Cable Add rf V i T n� FICALBANK Telex No,674421 t- ry , 1 r �4 L�IC .I1I�'IV1.�14 _ ( YLY'�'i I1 1 ', L pall DA.'.'' , I-'' 1 :SU1r, �T 1.A 1.4 �'J? !^I" +J`� li'C1L14'il8 .L,J_ kG1' 1J✓�:' J .)_,C)� i. IV:'.:!'! }.,� t i;}1'1 IPJ4',L:' 1:3 r_.v a IT .1C ''i'1° r. �J L' !.I:..... '! . 1!l s 4 f •71�I �;T! J. U,i, AC f _�`1 . C,11�,7_Y—Zn„'-"r H �� t a il�il�.l�I tl.� l�'�il,Pli��, i J. lUfV Ti 1ltik 5�1�%S'1 .h 'i`rVL hi,l)1'��• I"I i.il:fd.Li.G U!"1 1111.Y �i l°'A.J.i 1.I`l.d. illfJ_ Fi iSZ P.f:..'.!"1 IS.F' i 11\IvL'� f 'h,'',— 1,111 hi!V hl F 1,7 L R1;Ir1SZI'IC' sAIV"!. s 11: .II .N!(I . '.l,h,rl :�i �� , 'd IlIII' i°I�f'-1 0111 I T 01: TIGF; 1. CiVJ C k! P 11J^11I. (,' �-� '{IJ.J NiJ1'1' .d !1'1"1'r! i '!'Ai is i'tE9.v . 7 a\ li;, f11?U1(, , P'11.!!NITIQNAj.; (i17.Je1.'4'Y' 'x ANJWKI) ll fk S 1i'l)L-1J)ILIS: r, ll�i1_T111.'..-Y 1ol I%Ip. 1.1.!':.0 '.�o =I-: _'.`Sy"1,u)J �' 1 �L7• nT 1y1: T2i1!I°:8 RN - G0I'l LI1T1. NS HE II IIN, 1,1rVC I-,AI''!h.4'.C. �41 r � r � yy �' .t J 5r a "�r1 r IN \`u r ^J 15 7 �______` L S w+r'I'_:V TICL !CSiy iN 1 `f 1 1 Z f -4 ? AUTHORIZFp�31GT1ATUREY� AUTHORIZED SIGNATURE n �Il`�"E' `��3'F'T7�'�"y �'rC` 'Tl•° �l' M° '�Jrt y'ww IV a 1�1' ' �� �2 c ,rl c ',l �l lei l 4el �� �1r1 " ` girl /e `�71r1 `9h Ail hA 'Jai" l al � girl I II? gel�I 7�� �hl ,Jlr� i fir s l i,`` �•i:.4.a.. . PIP" rL�e�' - 1 JF fC NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME,STAMP AND SIGNATURE OF THE BANK PRESENTATION AMOUNT IN WORDS I 4m,411 v t . lt�sl' ,lt e.�l�F..,�' 1'F.., '� n'Uml'F,.�lt 'Cr' .�1'F.��'F �'Fl1tF lt✓ t �lr��,�'rr.�>�r 1f� v_ a �.jlf �l._ � >�1r Z�r��lr ZC .far.ir,7-r.�F�1s, � y��.+•� ,µ'me, FirstInterstate Bank0Ca omia -� International Division p .. _ �IPJBFS -rJ 3kIK'r��StlS' Box 54191 • • — Los Angeles, California 90054 , p Bank s 0ui P I-? I' T" b � 18 rORMERIP UNITED cnuFoaNIA BANK Cable Address: r r rl IJa c5 FICALBANIC Telex No,674421 1 U'REXOii A.C1 Lk,' DOU I)C1.6,N T ARY C1'r_ED11 sy EL AC E AND DATE S E Y 1... xl_L 0I' LS,.Ull : ll1;T A�1.D FLAG; Di' EXPI� LOS AiVrz.rF5 * 2v: K]U '1JL,b 1`a N'1;D 1936 9.'}' "' T'- fi, P'. I .b .C . ,LOS H ttG,,LLS r NL 'IV[ l A Y; APPLI i : RE'I EII'IC.IA:''Y: sy Ji+lr�.�+''Y D. E P S TJ,IN C1'1'Y 0IJ' PALM SPRINGS , U AT`1tO',RNA!,Y'—IN—FACT A (', CENII(_'IPAL GOR1?ORA'J'ION 4?.zil. VIA 4'I?3.RINH. 3200 2. TA'13.ODI'1'Z [9C'G'.A.LDUM ';,rAY I �. MARINA DEL RE'Y CALM SPRINGS 0 r{. °DVTSIC�ICd - tiAN ? : NI°0JNITSD36 ,�?4.61f ,s DIRMT F,IG_iIY SI THOUSAND IOi1R HUNDRED r11 1'Y"d'E !TY' FOUR AND 001100 UNITED S'i"A'Y'E DO1L8.RS r s ti� Q CRJ DIm AVAIL ELL VITE : 4'Tf%S1 I1'ThRSTA'T, 4 EANK OW CALI'FORNIA, LA `'Y : NECO`1'IA`IION , AGAINST PR SLIv'i'IsTIOb! A O1 THE, DUC('ME'NTS DETAILED HEREIN AND Cie' Y'.OUR' :O;AFTS AT SIG T DRAT! ON '_nIIRST i; TNT ERSrT'A'.CF :r''Aill rJ:li' CALIYORNIi LOS "0 A N u'1PI1.0 S "J Lr �l �/ram ii� S:r 1 — YOM-L DAi 'I,'l STAT yFn',E Arl , TUL' ICLI :'IE G SIGNED PL T fi= DJT.i1LL1OR UF'' f101w,M'U'vIn T �y )B IIUUPN:: I Ii' Gip 'P.IiE : r`'llY' o)!' P9Liwl SI' illdGa, A P9U'NiCIPAL UURPUHAT'ION r a r' n v r�- a , ,-n ,v T T r CEi1T'IIII.[!Via' J.Eh7 U_�1�=�Y � . LP51'-,Itd , EIPORDIEY _iV—F.7.C1 �. T"I r r T , T B "r' n ,�'- J PAS NOT I`9A:01J §fi`i�I,JvP 1O L`I .r111G1i1y1H, CG1V1?N.C1.O1L,HIS is 11 Ut ��f,I�TIP A�;`Tl lfli� . "i-SONS P,l;ldTIi1 ;G EQ,UIPMI!NT Of. 'i_IIRVISiIt+]C: LCFUR OR r I`IA'tl�rl� .LS TO 'Pl(!IrI FO'N. TP 11 ImPRU2LiIPiC+T SET FORTH =!, T AT CE i iN SU D].VISi.:'ald 1IIP11 C'V MxI T- - uU17T 'r'�ENT PALED �AIVI]l . PG?:ITN " 12'. ' I'TY" AND S'U6DIIl AND 'THAT T'B-B AKOUNY D'li UNDER 1,1aSrT I I'1'h''STL..I.' r,AN K 0F ub1,IF'ORNIA , L 0 S ANGL.L S LF,'TTFx OF ,;RED1111 [v'J'.MBh_R. k` I23c�'9 IS NOV DUE AND PAYABL21 . t DOCILTF: .'Irii'L URLSr;iu1'1D HI51tEUKJDET? l"JUST ' 0IJO _.EPi4Y THE O_dIGINIA.L OF THfIS �. y E 'Nl, ISS (E TPi-IS DOG'Uf`L 1\lTA1i.Y 01REL'IT IN YOUR. :A'VOR . IT IS S"JEJECT rT"0 r TEYI, Li!''IIJ?'Oi3M CUSTOMS 011) PR,AC`1'ICE 'CI_R DOCTjli:Ei')i'1'AR.1 CRE''DI'T'S (i '3i R2`l ISIOW )' 1 "d INU'ERI+IA'THOP!__I (1RA.i'IJ)F.JR Ox iJOi°iii 12i,1, , PA_RIS , E';';APJt E PUr'FIc;1i`T`ION NO. 4u'id 2i411 N Eil I i ' lA r. 1 , I: THE TER MIS r I -,� , TRIT I 4 DATE " US [I 1 CCOi?"L 1vCE G.I1,. 1H'�� T_itl a PLliR:�O_N. 1�=,1: NJM.SE1t AS:IJ 'L117_h: J_H � �i _ I AND "IH_L''I N 'MIa 0'1' OUR BANK" "LIST yEQUOTE!) ON AL,L DIRA-?TS ':`1:I� UIIRED. 1_' `.C2J; t i1q.U1`1' 1S AV_.Ii1 .: 11}; ;8Y NEGOTIATIONI,At;il 1IRESEDI'1"A'1' G9V MUST 73E ' 'UC7'1'1'.;D U,d '.'fAJJ t1.J'd1;1_RS1'I 0,11i Y11IS hIMIuT. L1 THE bAIVn. WfiRRE TPIT G-PEDl'1 IS A�.9.ILL E . J n� ((n l r^ yf rn ? A h s s� -J c PV %� IJ �l yq rrn+ i � DTHGRIZFD SIGNATDRE ALITHORIZEO SIGNATURE �l"� "4`,�,�V 141" �F ` p E d p d d 0 d d d d 1 1 1 1 1 1 1 d p I-p�:LI1F iJ;��na' NOTE: Presentation(s) to'be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME„ STAMP AND SIGNATURE 0•F 1-1-IC RANK PRESENTATION - AMOUNT IN WORDS s^ • First Interstate Bank '��— Firsti of California 7, International Division T ®ntemtste Box 54191 Bank Las Angeles, California 90054 FORMERLY UNITED CALIFORNIA BANK Cable Address. � /��� I,'r �• i'iy rl_ ri J FICA LBANIC Telex No,674421 jr,-,-: — LI l�FI f11 Ulvl.f'I'i'Li —'._ a,j7 C'� N 1� 1)_1'I'R IJ,P' I } [ i1;1 AII.,l_Ul"L' 109'' 1 `i i Iti 'It-Fj `Ll) 1hli' li M r �Y�LlC-rnT 9 i- G I Y L.. LI uIIILiIvL 1t -' 4 T°Iur� lCrTp� �)_+ �l�L111i�71�' � IJ 1'1'Z 'IYIGU IS.A''•Lllvl l'I'AY %ors 4 .I,)ii'-1- il-'Ty i'A_laly: ;'+:'P-1N1, i? .hw1i lJ�i=d lr 13 iiftlir ii_'^i Lr' � ' `d v '.�.. 'J."si sy �VZ= rI15 1 CI-L1 I�ILLP u d sl.i7 1 1d, r`3�� 1,J rI i-1;: h 0'fl�l 1'✓'• ='� h 1V!LP T U IS i i 1r G I'i-ui�'I f SDI i;.U.0 .I' 1�. �a G' r� I I_ 1 d LI lv-ivIT Ir. - Iv v.- 'j ^ ,� '.h. E,.FJC V_' Li)i�L .h Ckl-E�Ill 7_� nlil;;wi��L> � � c� 10 i+')j�l it ld l)'IJ I_7 TO 1't',;'a_SUr�.IfY7 .1.�:1j'( . pti r� N6 li C`.I' ,i ',i 'I'i't11. {'y{I I_ IJJN_,71'1��.) 1'i.h.i-�!°`181N 4jl4tJG�i�.PJL;kii s� hs yy '+ rr "; eu a V FrA "2 0 i Syy �J' �yy rev •"� NSF s r ._�_.._.e7_-l�i'L lil ll�'_ .bl r :._ I_'C t`'....'.__...._.... r 1 I=� ^S Y N. tJ 1lG ii.T1 V)'s 0 0 ! 1 ? AUTHORIZE 'IGNATURE AUTHORIZED SIGNATURE J. '�" � s < 'fie a\ � ��1K"�l'�'r-'����'� '°;�l'Jl�`�J'l�"�rt r-��Jt��-��r��•rt.,��., 2..., ��.., �., `�., NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME, STAMP AND SIGNATURE OF THE BANK PRESENTATION AMOUNT IN WORDS �First California ifornInterstate Bank In ernatirnis International Division 1{,. �6mr�� ir Box 54191 Ally Bank Los Angeles, California 90054 O[V]R I.�NN NUMBER In(—�1Z��8' 858 DOCUMENTARY �]ry(� }� c FORMERLY UNITED CALIFORNIA BANK Cable Address' IRREVOCABLE LVVDM. IvTAlY lY CREDIT J� PICALBANK Telex No,674421 �4 l PLACE -AND DATE OF ISSUE: '� ' DAY'E IiPdD .PTAGL C)t :„�a.I%it'�Y: LOS A.NGELES , 20 F'E:H 19,5 1�j F'. lb 1986 A'.N 1'. I :'_'.•,f . ,7,05 ANGi,L S sl APPLICANT: PEIVE7'IC1AT _ A `i TY OF PALM SPRINGS , ATTORNEY IN0. SLi`AN I UT AMUNICIPAL CORPORATION, e I, Aq 4201 VIA MARINA, 3200 E. T'ABQCIT'Z MCCALL'UM WAY, Y J MARINA DELREY PALM SP.RINUS , CALIFORNIA 92262 01 r rl G'ALIFORNIA 90291 AA4ISINNG BAN.X".- A'i'90'G'NT: USD 1 ,000 .00 I;IR 'C`.i ELEVEN THOUSAND AND 001109 UNITED S'1'A`.C:E S DOLLARS a� �I CHE'DIT AVAILABLE s'II`L'H: FIRST IN`PERSTAIJ A'( BAND` OF CALIF'OYPIIA, 1A BY:. 'PAYMENT,,,AGAINST PHSE I GFE 'A itJ. D( CUM N! DETAIL_D 1IREIN, AND C_V Iti" A` YOUR DRAT'"1'S Ali' STGfl'.I;'- D:RAI"VN " ON FIRST INTERSTATE BNNIK OF CALIFORNIA, LOS 1, 1l ANU' r'T.1'IJLrIS h JJl J lln 1J � Yl sr _ , .� Ir , r�- 1� r t n n sg 1— YOUR DATED STA` TPLM1ENT , INDICATIING SIUNIaD I,Y EE DIPECIOet Ok COMMUNITY s DEIVELOPi�9LNT Or T1iE t.I'1'v OF `PALM SPRIN( S, A MUPITCIYAL CORPORATION ( r'I'HZ` s 'r CIT'Y'' ) , C`7PL'.-VI 'Y;[NG TEAT JERKY B . 'EPSTEIiN , PTTORN:EY—IAI—E'AWk (-SiTi-,DI, 11: l'FI'' ) , ' AS NOT !`N.A.111. AYMENT TO F1.E :N'•NNGIN! ;_S Or, SUP'VI;YO_Pt TOR . y S;;_'T'PIA!G SU:PVI MONLTNiI:I(t`PS IN ACC:i'n'.DANCE' Yii`I`1':d 'I'FE TERMS AN' CONVDITIONS ru Oti li'tlAT UERIfIAI1N SU'BDIIHSION INIPROVEMENT AGREEill"N'T DATED JAWHEY 4-1 1�' ,18cs5�, BY _l`•tD 'H:�.rl';rl•LLN 2�riE CITY PiVu 50�3DIVTD''!:k AND 'i�riP:'1'' T�y.r' AMOUNT n, -1 D-R ' N UNJlfl1 FIST Ii4TERSTATE 1ANK OE CALIFORNIA, LOS ANGELES, LETTER air Os b'?1DIT N' MBI P 129858 , IS NOL, DUE AND PAYABLE . `4 1 r-OGUMENTS PRESENTED i3EF'_;UNDER NEST BE ACCOMPANIED BY TER ORIGINAL OF l.'iy.IS LETTER OF CREDIT. r ;:TI HB ISSUE lIIS DOCUMENTARY CRt llll 14 YO UP - 1AVOP . . I(ii IS SUBJL; i `r0 s` 111.2. ONIF RM CUS"I''OMS, AND PRACTICE FOR DOCUMENTARY CREDITS (19813 REVISION ) , J t IN'TF?�NIATIOItNAL CHAMBER O'F' 'COMME=R.CN , PAtZIS , FRANVCE PJBDICA'TION NO . 400 ANQD "r L[1r,Ar'ES, ',1S IN !W(;0 DA1 0E 1ru'ITli ITH, 'rEI[I,'IS TEERI!OE . THE NCiIi A-NI) DATE OF TER CREDIT AND TAT ' IUA'ME OY OUR EANNK MUST BE QUOT'_�D ON: ALL DRAFTS REQUIRED. ��ti Ili 'TEE CH--VDI`T IrtS AVAILABLE ) Y NEl'OTIATION EI Q.'i PRESENTATION MUST B (,)GoTE:D 1 ON TV:E '?=CVE:B.SI,. OF 7'-3IS ADVICE' RY `i'HE BANK i;7Hi:V.E TrE �;kEDI`1' IS AVAILABLE. ti :F%: r %'r'%r'm"4 •tom=%. 1 nt'>,U'F , it'h::r r r%F%i �s%ic:r:F$t%fa:�c�:$::F.� c:r�::g:FA nc>�'c%F Xt>'r:'F oc%F%rvtc:FY:ry;- _ h�: `� t7 by tw ' l a J L h` CP `h AUT �P �C hi r Ili Pr4 IV/J J ? �/ A THORIZEO SIGNATUREHONIZEO SIGNATURE Jrlu TC��S'�aepF((�JYYt*,AAc�]ryl ] c rpj ill'J��z rl viz�c��l'� ]q t•J a��N�(°' � {�( °lam�{ �rl �.� o� 1 .J 1��� • NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME,STAMP-AND SIGNATURE OF THE BANk PRESENTATION AMOUNT IN WORDS Pm 1 v 1 1 V I a v v 1 ,1, v ,v ,v r t 1 r t r , r t r t ,,>�., ., ,2frr�„�IFrr.,,�1f�a.,a1(rI 4I &lzm.>i.(F.�1W i1G.,,if�.,�.>2 rc,4,q ,U F 1F - 1F.��F.11 ��YFa lIP ,O'P,l' „1'�.,�Ik>>Yr(, r.L.. �,r�1�,1r=1_r.ZF��>z. .vr..zr SFr a Se Bank of California International ❑ Division s F1MC1l.� �' Box 54191 Bank Los Angeles,California 90054 [�� FORMERLY UNITCR CALIFORNIA BANK Cable Address: !A'!E N DIM I Y,Nit '';ILMFI ''LY ' J_ TrJ FICALBANI<Telex No,674421 (�Iji° Id li`I ti Vl_t�. 1—!�i,Jh"l Ei . 6 P11,I( �' akl'. 1j1 1C Vti 1 SU � i' HUL;I,DP1J' J'. ; 1:1. ! �t 'L,.; ;5 1,OS C'l LS , 'L'r 'A r. 1�)I-! M A r. '!fIYS`L'-!''11�' 9 C1''i'2 tJ�l J'.d41.,i'd S.e�FLIbIiS , i t.,GT L'PAL T '4 I, , FL EI( rAJ r•, V �, ro .�s./ J I H. J �I,.1 1 � I- � ''{-, L L I I n A i . �, Ilal, Irl „��yl f�L .rY PAD" ''ii':k11u1,�", , S Ulill`•IG 1iiJl'i ; }jisl, .hl ), Y'.1 . S,I°' iLIMA[`r] ITT J- 'TU _h, ('UpJ ;i1.L' l:d::Jll k :Lirl�'1^y A`l P ,H'1' U.F' '_(�1-ji k•_@ !{T.L{ I. I, 1 1 l°,US1 .i''li H it'1.J-ih, ' LrY_:,.�JS'TO ,d .L, A`r a� s yy �_ iA'P G LI I.` I T l f Ii vl -i _-IJ .L T11 , ,I ) I OT-1-L,L':, rls l�rklWS ii.lV)..� C Ci ILIa 11' {:'I',S 1:J.TI,I� ll ld ll]t LJJ.iLhl t; iili. 0 ii y� i 41 �J `N i K u K I �� Jl s15 f sy �` A� rr `4 a tee. Ok .5__....e_._......_._._.._..,....._._......,...._.....__ _....._ ... ___..__._—__.,_.._._—.__—_—__.-. —____ 4ti Ff 1 y 1 ; Dt- T a r A, a , L AUTHORIZEDSSIGNATURE.„,..._-"— AUTHORIZED SIGNATURE L 5s(` •, :n�j` '` 'J'_ " ,` :'.�1,',,`.. .., `.', `"'>l"IIJl�"�l�„ll`"n" ''�1;`" "'�jl'`' ,1�',�1`_ ijL" L;Iti; 1�4 ��'1�""�il�'' :'?,��.. `� .., .., � ' .ry?_1'_, � J •...° J:IT' S_I.,.Tl,f lv'.f i _._, 73:EC? c;.ul11S1P.(: .:.'Alo NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME,STAMP AND SIGNATURE OF THE BANK PRESENTATION AMOUNT IN WORDS RECORDING REQUESTED BY AND � r� WHEN RECORDED, RETURN TO: .�L�i14 BEST, BEST & KRIEGER (DEO) FEB 121985 P.O. Box 2710 Palm Springs , CA 92263 CITY OF PALM SPRINGS ENGINEFRING SPECIAL POWER OF ATTORNEY Estate of BERNARD ADELAAR, Deceased, by ROBERT W. BERNARD, Administrator With Will Annexed, Riverside County Probate File No . INDIO 6796 ; MAURICE ADELAAR and KAY ADELAAR, husband and wife as joint tenants ; ADELAAR FAMILY PARTNERSHIP ; FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for MINNIE LEE TANANBAUM; FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for BARBARA LEVI (nee Barbara Eve Tananbaum) ; STANLEY TANANBAUM and DORIS TANANBAUM, husband and wife as joint tenants , and RHODA TANANBAUM, all as owners of that certain real property located in the City of Palm Springs , County of Riverside, State of California, more particularly described in Exhibit "A" attached hereto (the "Property") , hereby jointly and severally appoint and ratify JERRY B. EPSTEIN of Los Angeles , California, as their true and lawful attorney-in-fact to act in their place, stead and name for the purpose of executing subdivision maps , zoning applications , subdivision improvement agreements , security agreements and instruments , and to enter into such other agreements or do such other acts , including, but not limited to, encumbering the Property, as the City of Palm Springs or any other governmental unit, or any lending , bonding or other financial institution may require in order to obtain and record a final subdivision map for Tract No . 17470 on and for the Property. Said attorney shall have full authority to act in any manner appropriate and necessary to the foregoing powers and, by executing this Power of Attorney, the undersigned hereby ratify all actions already taken by said attorney which are consistent with the authority and powers herein granted, includ- ing, but not limited to, executing the final subdivision map for Tract No. 17470 and the Subdivision Improvement Agreement with the City of Palm Springs . DATED: M/AURICE ADELAAR DATED: KAY AD,ELAAR DATED: '� ADELAARV AMILY PARTNERSHIP DATED: LEVINE DATED: DAVID T. GOL As Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for MINNIE LEE TANANBAUM -2- S/ DATED: I FLOR CE LEVINE i DATED: DAVID T. GOLDSTICK As Trustees under the Last Will and Testament of MARTIN TANANBAU�, in trust or ARBARA LEVI ( eo Barbara ve T nanbaum) DATED: STANLE TAN B UM` DATED: ,�— DOR TANANBAUM DATED : RHODA TANANBAUM LERN al£a RHODA TANANBAUM DATED: c4-1 ./( /�S� U) , ROBERT W. 'BERNARD, Administrator With Will Annexed for the Estate of BERNARD ADELAAR, Riverside County Probate File No . INDIO 6796 -3- EXHIBIT "A" i DESCRIPTION : j IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS , DESCRIBED AS FOLLOWS : PARCEL 1 : THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST , SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING TO THE UNITED STATES ALL OIL, GAS AND OTHER MINERAL DEPOSITS, IN THE LAND 50 PATENTED , TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE, REMOVE THE SAME , ACCORDING TO THE PROVISION OF SAID ACT OF JUNE 1 , 1V36 AS RESERVED 1N PATENT RECORDED AUGUST . 311 1V51 1N BOOK 12VV PAGE 186 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA . PARCEL 2 : THE EAST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUIHWLST QUARTER OF THE SOUIHWESI QUARILR OF SECTION 361 TOWNSHIP 4 SOUTH, RANGE 4 EAST , SAN BERNARDINO BASE AND MERIDIAN ; EXCEPTING TO THE UNITED STATES, ALL COAL, OIL , GAS AND OTHER MINERAL DEPOSITS, IN THE LAND SO PATENIEU , TOGETHER WITH THE RIGHT TO PROSPECT FOR , MINE AND REMOVE THE SAME ACCORDING TO THE PROVISIONS OF SAID ACT OF JUNE 1 , IV38 AS RESERVED 1N PATENT , RECORDED JULY . 3, 19S6 IN BOgr, 1737 PAGE 333 OF OFFICIAL RECORDS OF RIVERSIDE •COUNTY , CALIFORNIA. PARCEL 3: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST , SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING TO THE UNITED STATES ALL OIL, GAS AND OTHER MINERAL DEPOSITS, IN THE LAND SO PATENTED , TOGETHER WITH THE RIGHT TO PROSPECT FOR , MINE AND REMOVE THE SAME ACCORDING TO THE PROVISION OF SAID ACT OF JUNE 1 , 1V38 , AS RESERVED IN PATENT RECORDED MAY 14 , 1V57 1N BOOK ZU87 PAGE 253 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY , CALIFORNIA . STATE IJF CALIF�r RNIA . Iss. • n COUNTYOOFF Ail C-A5yA _) U ,before me,the undersigned,a Notary Public in and for =' said State,personally appeared Robert W. Bernard, Administrator With Will Annexed for the Estate of Bernard Adelaar, Riverside v County Probate File No . INDIO 6796 E 4 , tr personally known to me(or proved to me on the basis of satis- factory evidence)to be the person(s)whose name(s)is/are sub- OFFICIAL SEAL scribed to the within instrument and acknowledged to me that �_'"�I�'�� JUDITH A STEWART o .K he/she/they executed the same. � .":, P10TARl' PUBLIC - CALIFORNIA RIVERSIDE COLINTf m WITNESS my hand and official seal. My camm. EXpires APR 10, 1926 0 0 Signature j (This area for official notarial seal) Stateof Florida Onthisthe4th da of February 85 Y 19_,before me, SS. Countyof Palm Beach Marion W. LaMott the undersigned Notary Public, personally appeared f7 RHnnA TANANRAUM IX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) i c _subscribed tot. e within instrument,and acknowledged that cha executed it. WITNESS my hand and offici Aseal. TAR" PUBLIC STATE OF FLORIDA a— COMISSION EXP. NOV 25,1987 Notary's Signature EVExAt Ih ss exD GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION-23012 Ventura B1,d.•WOOdlald Hills,CA 91364 State On this the day of 19 , before me, SS. Countyof , V'EISG=RG the undersigned Notary Public,personally appeared Noteiy PL'!-lLC, Ftz`.0 of Plew York rtp. Ot'rL-iO t'7 MAURICE ADELAAR t QLialitled in QLoene Ccunty — Commissicn E>:plres M&I ch 3 1°35 ❑ personally known to me fR'proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed to the within instrument,and acknowledged that he executed it. WITNESS y hand.and officialseal. Notary's$ nature GENERAL ACKNOWLEDGMENT FORM 7110052 NA71nNAl Nnrnav A1111. nn State of On this the 3) da 19-�E, before me, SS. County of LACK WE1 7RIC the undersigned Notary Public,personally appeared Notary Public, 5".a:e of I.IBw York No.01 V1E4%041 A7 Quallflcd In ouc^ns County DORIS TANANBAUM Commission Erplras Iv:a:cl:°0, 1965 , "Personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose names) is subscribed to the within instrument,and acknowledged that she executed it. WITNESS y han and o fi ial seal. Notary's gnature 61 GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd •Woodland Hills,CA 91364 State of On thi the J0 day 19-kY7, before me, SS. County of JACK ,n,1=iCEEFG the undersigq d Notary Public, personally appeared Notary Pubho ;D;e of i le,q York rle. OTY1"e4'o;u7 Qualified in Ouee STANLEY TANANBAUM ns County , RDommisslon Expires tvilri; ;;q 7 egg / �✓ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed to the within instrument,and acknowledged that he executed it. WITNESS m and and official seal. Notary's Sig ture GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Venlura Blvtl •Wootllantl Hills,CA 91364 State of On is the day of 19 , before me, SS. County of 111111 ect Et, the undersigned Notary Public,personally appeared FLORENCE LEVINE JACI< WEIseEPG and DAVID T. C OLDSTICK, as Trustees under the Last Wit Notary Pubuc, s- of n!=w vor and Testament of MARTIN TANANBALM, in trust for EIo. 011'rE4iC4in7 QGelr leo In Qu[ccs r'......;y LEVI nee Barbara e dT1aT7. aLffm ' Commission Expirec;,:_r.L 5 ❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) are subscribed to the within instrument,and acknowledged that they executed it. WIT NE my hand and official seal. Notary' ignature ------------- GEN ERAL ACKNOWLEDGM ENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Venlura Blvd •lWoodl.nd Hills CA91364 Statc of On this the �day of 19 kf, before me, SS. N a County of T24,-R JACK V `I;'. -? the undersigned Notary Public, personally appeared FLORENCE LEVINE NDter9 Fu��u., e -`_ '.; "`_%,Ycr!c and DAVID T. OJLDSTICK as Trustees under the Last Wil k dD' ,� -- and Testament of MARTIN TANANBAui in trust for MINI}TIE �uell'.,;i �� ', _ � C, lrb7 �Comc..3cmn C:,.r�_ ,.t:- �J,-1^CG 7E] Mrsona lly known to me- ved to me on the basis of satisfactory evidence to be the person(s)whose name(s) -are subscribed to the within instrument,and acknowledged that they executed it. WITNESS y hand nd official seal. Notary's Si natu e 61 ------------- GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd Woodland Hills,CA 91364 State of _ (� d 7 �" ( �x�— V On thisthe�dayof �J �����/9�� 19�'v , beforeme, SS. �� ✓ ���c t� County of /�'�-✓ / ``�`� the undersigned Notary Public, personally appeared RICHARD ADELAAR (ADELAAR FAMILY PARTNERSHIP) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument on behalf of the JOSEPH QUINONES partnership,and acknowledged to me that the partnership executed it. LINoLtaryPubNC State of Now YoFkWITNESS m . -2,947361d y hand and official seal. m Kings County Expires March 30,1vi Notary' gnat PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills.CA91364 State of On this the >�day of 19 ,before me, County of the undersigned Notary Public,personally appeared JACK V,"ICEFRG Notary Fubhc, Este of New York KAY ADELAAR No.071kE,70'12-1 , Quelilled In Q.csrs Cjrnty Commission Expires M9 jcn=9, I985 ❑ impersonally known to me "Proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed to the within instrument,and acknowledged that she executed it. WITNESS Ay hand and official seal. �l 21V Notary's dignature GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION,23012 Ventura Blvd -Woodiand Hills CA91364 TALM Sjo U It 0 Pew- �]Ipjtsl V ja",a k'V1 AA-i L /ly L OUI 0'r i-�Wv�, ��e, , DATE: December 13, 2017 SUBJECT: ACCEPTANCE OF PUBLIC IMPROVEME TO RELEASE SUBDIVISION IMPROVI "PINNACLE POINT" TRACT MAP NO. 174T FROM: David H. Ready, City Manager BY: Engineering Services Department quiTiTITITTITMA , W, do vve, On January 16, 1985, the City Council approved Tract Map No. 17470 and a subdivision improvement agreement, subsequently replaced by a new subdivision improvement agreement on November 19, 1999, with Palm Canyon Ranch, a General Partnership. Skyline Development Company, LLC, a California limited liability company, as successor in interest to Palm Canyon Ranch, (Developer), has completed certain required public and private improvements associated with Tract Map 17470. The City Council may accept these improvements as completed and complying with the City's approved plans by authorizing the release of the subdivision improvement securities. RECOMMENDATION: 11 Adopt Resolution No. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 17470 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM CANYON RANCH, A GENERAL PARTNERSHIP, AND ITS SUCCESSORS IN INTEREST, FOR PROPERTY LOCATED AT THE EASTERLY TERMINUS OF AVENIDA SEVILLA, IN SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST"; 2. Authorize the City Manager to execute a Request for Full Reconveyance with Original Document Indemnity associated with a Deed of Trust with Assignment of Rents recorded January 3, 2000, as Document No. 2000-000971, records of Riverside County, California, securing completion of the Works of Improvement associated with the Subdivision Improvement Agreement for Tract Map 17470 with Palm Canyon Ranch, a general partnership; and rrEM NO City Council Staff Report December 13, 2017 - Page 2 Acceptance of Tract Map 17470 Improvements 3. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: A search of records available through the Secretary of State of California shows that as of November 21, 2001, Palm Canyon Ranch was dissolved. In 2010 Skyline Development Company, LLC, a California limited liability company, acquired fee title interest to the remaining lots within Tract Map 17470. As successor in interest to Palm Canyon Ranch, Skyline Development Company assumed all of its rights and obligations associated with the Subdivision Improvement Agreement, including the City's recorded Deed of Trust affecting title to Lots 8, 11 and 12 of Tract Map 17470. A search of records available through the Secretary of State of California shows that on November 10, 2009, Articles of Organization were filed for Skyline Development Company, and a corresponding Statement of Information filed on January 11, 2010, identifying Michael Roberts as the Chief Executive Officer and the one manager or member of it. The latest Statement of Information for Skyline Development Company filed on August 31, 2015, identifies David Gilbert as the Chief Executive Officer, with Jennifer Roberts as the manager or member of it. STAFF ANALYSIS: At its meeting of February 19, 1981, the Development Committee recommended approval of Tentative Tract Map 17470, which was subsequently approved by the City Council, subject to conditions, on January 20, 1982. Tract Map 17470 is located in the Andreas Hills residential area at the easterly terminus of Avenida Sevilla, as shown below in blue outline, and in the Vicinity Map in Figure 1 on the next page. 94 W , 02 City Council Staff Report December 13, 2017 - Page 3 Acceptance of Tract Map 17470 Improvements Figure I — Vicinity Map On January 16, 1985, the City Council approved Tract Map 17470 and an associated Subdivision Improvement Agreement, (the "1985 SIA"), with the original developer noted as Jerry B. Epstein, attorney in fact for the property owners. Tract Map 17470 involved a subdivision of 12 single-family residential lots located along one privately maintained street (Adelaar Road), as shown in Figure 2 and included as Attachment 2. 01) City Council Staff Report December 13, 2017 - Page 4 Acceptance of Tract Map 17470 Improvements TRACT No. 17470SECTIRON I 1� "IN 01 1�� TIM111 QUAITER 36, T4S., R4E., SAa Sk __711V 7 di -I r 1, 1'- - -0� -F,5ACT M. 3600 5UWMFeS or A' =4 .3 Co ON LOT 13 i� RC.FC.D. DRAINAGE CHANNEL SAAeq�N �� &E�BB, INC. 11 B. 6 3 / 94 � 9�6 Figure 2 — Tract No. 17470 #1 la /448/45 U Associated with Tract Map 17470 was a requirement to construct certain public and private improvements, including: • On -site private street and storm drainage improvements • On -site public sewer and domestic water system improvements When the City Council approved Tract Map 17470 in 1985, construction of required public and private improvements associated with Tract Map 17470 had not yet been completed; an engineer's estimate at that time of the cost of the improvements to be completed was $362,724. Construction of these public and private improvements were secured pursuant to the terms of the 1985 SIA. Subsequently, on December 1, 1999, by adoption of Resolution 19695, the City Council approved a replacement Subdivision Improvement Agreement with Palm Canyon Ranch, a General Partnership, (the "1999 SIK), with Palm Canyon Ranch assuming the rights and obligations of the original developer. Pursuant to the 1999 SIA, the original 1985 SIA securities were replaced with a Deed of Trust recorded over Lots 8, 11 and 12 of Tract Map 17470, to secure completion of the public and private improvements, defined by the 1999 SIA as the 'Works of Improvement". A copy of the 1999 SIA and related Deed of Trust is included as Attachment 3. 4r- �1: 04 City Council Staff Report December 13, 2017 - Page 5 Acceptance of Tract Map 17470 Improvements Palm Canyon Ranch later sold Tract Map 17470 to other developers that constructed and sold into private ownership 3 of the 12 lots (Lots 4, 5 and 6) between 2005 and 2007; all other lots remain vacant. In April 2010, Skyline Development Company, acquired fee title interest to the remaining vacant lots (Lots 1-3 and 7-12) which also include the 3 lots over which the City has a recorded Deed of Trust to secure completion of the public and private improvements. The Developer has completed construction of the Works of Improvement, and has requested that the City Council accept the improvements and release the Security Instrument in accordance with the terms of the 1999 SIA. On behalf of the City Engineer, the City's Public Works Inspectors have inspected the Works of Improvement and found them to be in accordance with the City's approved plans and specifications, and recommends the City Council accept the improvements and release the Security Instrument in accordance with the 1999 SIA. The mechanism to release the Security Instrument is a Request for Full Reconveyance with Original Document Indemnity of the properties held as recommended by the City Attorney, and included as Attachment 4. The Security Instrument for the Maintenance and Warranty of Improvements will be held by the City Clerk, and released following expiration of the one-year warranty period and confirmation by the City Engineer that no claims of defective improvements have been received. ENVIRONMENTAL IMPACT: Tentative Tract Map 17470 was considered a "Project" pursuant to the California Environmental Quality Act ("CEQA") Guidelines. On January 22, 1985, the City Council adopted Resolution No. 15420, approving the Final Subdivision Map 17470 and accepting the Planning Commissions recommended environmental assessment given in conjunction with Case 5.995-PD-79 adopted by Resolution No. 3362 which recommended approval of the subject tentative tract map and finding the proposed subdivision, together with the provisions for its design and improvement consistent with the General Plan of the City of Palm Springs and would not have had a significant adverse effect on the environment. Acceptance of the public improvements associated with Tract Map 17470 implements the Project as envisioned by Tentative Tract Map 17470, and is therefore consistent with the environmental document previously certified by the City Council, and no further action with regard to CEQA is required. FISCAL IMPACT: The Works of Improvement include both publicly maintained and privately maintained improvements. The public improvements to be accepted and subsequently maintained by the City include the on -site public sewer system improvements. Sufficient funds are budgeted as part of the City's annual fiscal year budget in the Wastewater Enterprise Fund to accommodate maintenance of public sewer improvements. 0 V 05 City Council Staff Report December 13, 2017 - Page 6 Acceptance of Tract Map 17470 Improvements Private improvements will be maintained by the Homeowners Association pursuant to the Covenants, Conditions and Restrictions (CC&Rs) recorded against the properties within Tract Map 17470. SUBMITTED Thomas Ga�cia, P.E. City Engineer David H. Ready, Esq., Pi;�-� City Manager Attachment: 1. Resolution 2. TM 17470 3. Resolution 19695 4. Request for Reconveyance Marcus L. Fuller, MPA, P.E., P.L.S Assistant City Manager we Attachment 1 07 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 17470 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM CANYON RANCH, A GENERAL PARTNERSHIP, AND ITS SUCCESSORS IN INTEREST, FOR PROPERTY LOCATED AT THE EASTERLY TERMINUS OF AVENIDA SEVILLA, IN SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS, the Development Committee of the City of Palm Springs, at its meeting of February 19, 1981, recommended approval of Tentative Tract Map 17470, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, at its meeting of January 20, 1982, approved Tentative Tract Map 17470 subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of January 16, 1985, approved Tract Map 17470 and a related Subdivision Improvement Agreement, (Agreement No. 2185), with Jerry B. Epstein, Attorney -in -Fact for the property owners, and accepted subdivision improvement securities related thereto as security to ensure performance of certain obligations to complete public and private improvements associated with Tract Map 17470, (the "Works of Improvement"); and WHEREAS, the City, at its meeting of December 1, 1999, approved a replacement Subdivision Improvement Agreement with Palm Canyon Ranch, a General Partnership, (the "Original Developer"), and substituted subdivision improvement securities originally filed in accordance with Agreement No. 2185 with a Deed of Trust with Assignment of Rents recorded on January 3, 2000, as Document No. 2000-000971, recorded against Lots 8, 11 and 12 of Tract Map 17470, to guarantee completion of the Works of Improvement, (the "Deed of Trust"); and WHEREAS, in April 2010, Skyline Development Company, LLC, a California limited liability company, (the "Successor Developer'), acquired Lots 1 through 3, and Lots 7 through 12, of Tract Map 17470, and assumed the rights and obligations of the Original Developer, including the obligation to complete the Works of Improvement; and WHEREAS, the Successor Developer has completed construction of the Works of Improvement, and has requested that the City to accept the Works of Improvement in accordance with Section 5 of the Subdivision Improvement Agreement; and P , 1 08 Resolution No. Page 2 WHEREAS, in accordance with Section 2 of the Subdivision Improvement Agreement, the Developer has requested that the City release the Deed of Trust; and WHEREAS, the City Engineer has examined the Works of Improvement, and has found them to be constructed and completed in accordance with the Subdivision Improvement Agreement, and the associated plans and specifications; and WHEREAS, the City Engineer recommends that the City Council accept the Works of Improvement, and authorize the City Manager to execute a Request for Full Reconveyance with Original Document Indemnity associated with the Deed of Trust. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The recitals above are found to be true and correct and constitute the findings of the City Council made in support of this resolution. Section 2. The City Council hereby finds and determines that the Works of Improvement associated with Tract Map 17470 have been completed in accordance with the relevant provisions of the Subdivision Improvement Agreement and the approved plans and specifications, and the City Council hereby accepts the completed Works of Improvements. Section 3. The City Council's acceptance of the Works of Improvement effectuated by this resolution shall not in any way supersede or relieve Skyline Development Company, LLC, a California limited liability company, or its successors and assigns, of any other obligations required by the Subdivision Improvement Agreement or the conditions of approval associated with Tentative Tract Map 17470. Section 4. The City Council's acceptance of the Works of Improvement effectuated by this resolution shall not in any way impose an obligation on the City of Palm Springs to maintain those improvements that are required to be privately maintained by a Homeowners Association through Covenants, Conditions and Restrictions (CC&R's), including the private street associated with Tract Map 17470. Section 4. In accordance with Section 2 of the Subdivision Improvement Agreement, the City Manager is hereby authorized to execute a Request for Full Reconveyance with Original Document Indemnity associated with a Deed of Trust with Assignment of Rents recorded January 3, 2000, as Document No. 2000-000971, records of Riverside County, California, (the "Reconveyance Document"), and the City Clerk shall file the Reconveyance Document with the Riverside County Recorder. V. ., 09 Resolution No. Page 3 Section 5. The City Clerk, following adoption of this resolution, shall file with the Riverside County Recorder the Acceptance of the Works of Improvement Certificate attached hereto. ADOPTED THIS 13th day of December, 2017. ATTEST: Anthony Mejia, City Clerk David H. Ready, City Manager CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM SPRINGS) 1, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 13, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony Mejia, City Clerk City of Palm Springs, California m. kj 10 Acceptance of the Works of Improvement Certificate follows this page. P. �j - 11 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees under Government Code §6103 Acceptance of the Works of Improvement Certificate Tract Map 17470 Subdivision Improvement Agreement (A2185) The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the "City"), hereby confirms that on December 13, 2017, the City Council of the City accepted the Works of Improvement associated with Tract Map 17470 to be constructed by or on behalf of Skyline Development Company, LLC, a California limited liability company, (hereafter the "Developer"), as successor in interest to that certain Subdivision Improvement Agreement (A2185) by and between the City and Palm Canyon Ranch, a General Partnership, approved by the City Council on December 1, 1999, (hereafter the "Agreement"). The City hereby releases the Developer from its performance obligations to construct the Works of Improvement as set forth in the Agreement, and hereby releases the Security Instruments filed with the City Clerk pursuant to and in accordance with the Agreement. This Acceptance Certificate is applicable to those Works of Improvement associated with Tract Map 17470, identified as that certain real property more particularly described in Exhibit "A" attached hereto. [SIGNATURES ON NEXT PAGE] 12 Dated: Attest: Anthony Mejia City Clerk City of Palm Springs, a California charter city and municipal corporation David H. Ready, City Manager Approved as to form: Edward Z. Kotkin, City Attorney , .1 13 EXHIBIT "A" Tract Map No. 17470 filed in the office of the County Recorder, County of Riverside, State of California, on February 201h, 1985, in Book 148 of Maps at Pages 14 through 15. ATTACHMENT 2 w x U- LU it wi 0 ::R 05 cr_ a Ile to OD ct) Z LAJ Ix Q: 5 LL uj 0 0 a cr W LU cr y Wit F'. ad .5- 9 EPP ir pig oo 56 6114 0 z Z112 H z 1591 !gall I -W 9oM a 'a� P., a' WIN.- t — Mail 1. 3 Iflh U -x INX; I I NO i Nh IT I'M i I ;P W HM� 9 ;1 K HUE aft z RUN M W =1� 2 .9 9.31 z I gig 4 co Z 1� .6% 9L . LU 44 1.38 do oNr" OWNWN O&LY-VVM (Ign �l a N1. 0 gi fig N ul Ig % 1- 11.1 LAJ LL LU Ct 44 Ot Ilk cl co I Vol LU W czr- W OD R '. 00 N�' 0 vj v tO mi"s SlAo ............. 6"4� 6 a4�6"4� 6 6�� ... ---- - -- 9�i Io ...... gig I ..... .......... . ..... ....... VU.Pt lots ru GUMS JA' � xv m - 4 I= umm d"wa wrw Mtffftm A, oc M..�Vw -0 -T*.#A I W it V35 �'Al co qx 117 ATTACHMENT 3 m I RESOLUTION NO. 19695 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING SUBSTITUTION OF SECURITY FOR FINAL MAP NO. 17470 FOR PROPERTY LOCATED AT 1699 AVENIDA SEVILLA, SECTION 36, T 4 S, R 4 E WHEREAS, Subdivider has prepared, filed and recorded a final subdivision map of Tract Map No. 17470 in the City of Palm Springs, County of Riverside, as approved by City; and WHEREAS Subdivider, by said map, has secured the required street and sewer improvements via a Subdivision Improvement Agreement and Letters of Credit; and WHEREAS Subdivider desires to substitute said Letters of Credit with a Deed of Trust using Lots 8, 11, and 12 of said Tract Map No. 17470 as security; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately $362,724,00 (including Desert Water Agency Faithful Performance and Labor/Material Bonds) and the combined appraised value of the three lots is $585,000.00 which adequately covers the estimated cost of said Improvements; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs fffids that the new Subdivision Irnprovement Agreement and substitution of Security for Final Map No. 17470 is equitable and accepts said agreement and substitutioi). ADOPTED this _Lst day of �ecember 19 9 _I AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALEFORNIA 'City Clerk C ty Manager REVIEWED & APPROVED AS TO FORM: - W. 0. 19 Order. No. �-s,ruw�No. -Loar'., No, WHEN RECORDED MAIL TO: City of Palm springs P.O. Box 2643 Palm Springs, CA 92263 Attn: City Clerk Doc a Z000-000e731 01/03/2000 08:OOA Fee:NC Page I of 8 Recorded in Official Records Covnty of Rivers4de Gary L. Orso Assessor, county Clerk & Recorder M I 2t- PMR 7sae MUPAIM I A co" Lomr. -'fvu�D W-"G Eyw DEED OF TRUST WITH- A,5S1aNffE:ffT OF R5NT5- (LONG FORM) This DEED OF TRUST, made this / ?'rH day of NP VC & CA — 1 19 q`1 , between PALM CANYON RANCH, a general partnership herein called TRUSTOR, c/o Selzer, Ealy, Hemphill & Blasdel LLP whoseaddressis 777 E. Tahquitz Canyon Way, Ste. 328, Palm Springs, Cali ornia 922 Numl.er and Street) (0ty) A-tate) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and The CITY OF PALM SPRINGS, a municipal corporation - , herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trusteein Trust, with Power of Sale, that property in the Cit of Palm Springs COuntY Of Riverside State of Caiifornla, described as: Lots 8, 11 and 12 of Tract 17470, as shown by Map on file in Book 148, of Maps, pages 14 and 15, Records of Riverside County, California. See RIDER TO DEED OF TRUST attached hereto and incorporated herein by reference. together with the rents, issues and profits thereof, subject, however, to the right, power and atrihority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits, for the purpose ef securing (1) paymaffi a! lh 9 WitI4 ip4qFqrq� 400gr."o, ne�-s *dw,eI4 See FaLER -10 IXED CP MW .age ing le tije teffir- e! tt preMilftftly 1 tete OP - 09 a -,OR date hm;fa-0444 AqAde lay 4wet96 Payable tGO QFdeF 194 l39A9;ei-qpp, and eiioepsierig eF FGA OW-A*4he Feel-, (2) the performano , e - of each agreement of Trustor incorporated by reference or contained herein and (3) payment of addftJional sums and Interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any tuilding t1hereon: to complete or restore promptly and In good and workmanlike manner any building which may be constrmted, clarrzoed or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with7pli 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 oil law; to cultivate, irrigatz-, fertilize, tmigate, prune and (continued on reverse side) 11 S3 (11`94/ Page 1 CIA &A SO-00, 2 0 711 do all other acts which from the character or use of said property may be reasonably necessary, the SN�_,*c enumerations herain 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 done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, incluftg cost of evidence of title and attorney's 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, induding 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 Seneficiary or Trustee, but without obligation so to do and without notice to or demand 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 purposes; 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 encumbrance, charge or lien which in the judgment 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 date 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 maximum allowed by law at the time when said statement Is demanded. B� It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) 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 so secured or to declare default for failure so to pay. , (3) That at anytime 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 affectiing the personal liat:;L'ity ofeny person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property-, consent to the making of any map or platthereof; join in granting any easement thereon; or join 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 haie been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose 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." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and autthority. 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 perf orimp-ice 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 Ume without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the 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 for 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 attorney's fees, upon any Indebtedness secured hereby. and in such order as Beneficiary may determine, The entering upon and taking possession of said prop", the collection otsuch rents, issues and profits and the application thereof as aforesaid. sheJI not cure orwaive any default or notice of default hereunder or invalidate any act done pursuant to such inctice. (continued on n6Xt page) 1193(1194 PKO 2 21 (6) - Ti:iat upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement 'hereL!nder, Baiqefiaiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of 6efault and demand for sale and of written nofice 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 expknditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trusfor, 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 all time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the pre -ceding postponement. Trustee shalt deliver to such purchaser its deed conveying the property 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 sa!e. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of btle in connection with sale, Trustee shall apply the proceeds of sale to payment of : all sums expended under the terms hereof. not then repaid, with accrued interest at the amount allowed by law in affect at the date hereof; all 6ther 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 fTom 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 of proper substitution of such successor Trustee or Trustees, who shall, VAthout 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. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner a;-.d holder, including pledgees. of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenev�-:r the context so requires, the masculine gender includes the feminine andior 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 nobty any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any notice of deflault and of any notice c) sale hereunder be mailed to him at his address hereinbefore set forth. gnature ofXp;(tor Signature of Trustor I STATE OF CALIFORNIA COUNTY OF On before me, -T I - -- - - , personally appeared 4A-1�1- personally known to me Uf=4-aYJid=e) to be the person(s� wh:se name(q is,'ai��-- subscribed to the within instrument and acknowledgM to me that helsheAhey executed the same in his,berltheir autz-crized capacity(ies), and Ihat by his/hefAl,teir signaturefS� on the instrument the person(s� or the entity upon behalf of which the persontt- acted, executed the instrument. WITNESS my hand and official seat. a a - - JEtWFM Z;M cminiow"t 1137415 Signature Nollay KitAc — cwwjo RNW*so Cmgft (WTf0s*ftM1Wt&'b1WVbV- 11. MD1 (continued on reversesoLn -- — — — — I im 0f'S4; M-9861,71 T. N Pap3242 1111111 pill 1111111111111 Jill Jill 'j 1 60,14 (P # ) ? of 9 V DO NOT RECORD REQUEST FOR FULL REGPN'�EVANCE " TO FIRST AMERICAN TITLE INSURANCE COMPAW TRUSTEE: The undersigned is the legal owner and holder of the note or notes, and of an other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other lridebtednm 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 camel said note or notes above mentioned, and all oMer eMdences 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. all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to 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. cc F- LL 0 lu J I Cn LL 0 cc 0 M 0 x LLI F, Uj Cr- I I W (1,941 Page 4 of 4 23 Exhibit"A" 404? LLGAL DESCWTION OF PRO A PL -TY The property is that certain real property in thv City of Palm Sprbigsj County ofRiverside, State of California, more particularly described as follows: Lots 8, 11, and 12 of Tract Map No. 17470, as shown by map on flie in Book 148, Pages 14 and 15 of Maps, records of the Riverside County Recorder's Office, Riverside County, California. 0 Q . 24 4 of 8 RJRL-!R— TO DEED Or TRUST TMS RJDER TO DEED OF TRUST is attacbed to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated No tom a Sa It, 199 1 ., between Palm Canyon Ranch, A General Partnership ("Trustor"),First American Title Insurance Company ("Ttuqtee"), and the CITY OF PALM SPRINGS, a municipal, corporation ("Beneficiary") - Said deed of trust is hereby modified/supplemented (and as modified/supplemented hereinafter referred to as "this Deed of Trust") in the following particulars only: t Obfig—Ations Stc_pLed- Ilie grants, assignments and transfers made herein ate given for the purpose of securing full arid timely oWervance and pexfonnance by Trustor of its obligations underthat certainCity ofPalm Springs Subdivision Improvement Agreement executedconcurrently herewith ("Subdivision Improvement Agreement"). 2. &em ies. Trustor hereby agrees that the City's right to enforce any breach of Trustor's obligations under the Subdivision Improvement Agreement shall include, but not be limitedto, the right of -the City, its employees, agents, or contractors,to enterupon all or anyportion of the Property to remedy any such brcach and/or perform any improvement under the Subdivision Improvement Agreementat the expense offrustor. Any expense incurred by City in remedying such breach shall be payable by Trustor to City, in a form acceptable to City, within thirty (30) days of City's written demand thereof Should Trustor fail to pay City such ainoimt as demanded by City within such thirty (30) days, City shall have the right to lien the Property for the amount of the cost of curing such breach of any provision of the Subdivision Improvement Agreement, plus any additional costs, incurred by City in attempting to recover such costs, including but not limited to, attorneys fms and eosts� in addition to any andall other remedies of Beneficiary set forth under this Deed of Trust or permitted at law or in equity, ifu default orevent of default under the Deed of Trust shall have occurred, Beneficiary, to the extent permitted by law and without regard to the value, adequacy or occupancy of the security for the Subdivision Improvement Agreement and other stuns wcured hereby, shall be entitled &-, a matter of right if itso elects to the appointment of a receiver to enter upon and takc� possession of the Property and to collect all feuts, income and other benefits thereofand apply the same as any court ofcompetentjurisdiction by ex parte application and without notice, notice of hearing being hereby expressly waived. The expense--., including receiver's fees, attorneys' fees, costs and agent's compensation, incurred pursuant to the power herein contained shall be secured by this Deed ofTmst. Furthermore, Trustor specifialy acknowledges that certain non -monetary defaults may occur under this Deed of'rTut and in such event, Beneficiary and/or Trustee shall have the right to commence foreclosure proceedings based solely upon such non - monetary defaults. -Miscellaneows. 3.1 Sqyqrabir lt_v. If any provision of this Deed QfTrust or the application hereof to any person or circuinstance shall be invalid or unenforceable to any extetit, the remainder of said Deed of Trust and the application of such provisions to other persons or circumstances shall not be effective thereby and shall be enforced to the extent permitted by law, 3.2 AWmuL-,jsss. Should it be necessary for any party to commence an action at law or in equity against the other to enforce the terms of any provision of this Deed of Trust, The prevailing party shall have a right to juckgement against the losing party for reasonable attorney's fees and costs as set by the court. In the event of nonjudicial foreclosure of this Deed of Trust Beneficiary shall be entitled to recover its reasonable attorneys fees and costs, which shall be deemed secured by this Deed of Trug, from proceeds of the sale and/or a condition to reinstatement of this Deed of Trust 3.3 CQDfW. In the event of any conflict between the terms of this Rider to Deed of Trust and the Deed ofTrust to which this Rider is attached, the tems of this Addendum shall control. I 00f N"W71 25 raw OW'" W f" 3,f S ,O#AD Pall By� Its: "Trustor" (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) ?- 1, 26 eew-wn %/9VZ'6WAA %P 1111111111111 mill 1111111111 lill lill 101 6 of a CALIFORNtA ALL-PURPOSE ACKNOWLEDGMENT Stateof Countyof PS��4U5-%U?. On Z V11, before me, -_,f_Nr\SAf_ �j�l — ? Dale Nsmo am T�ft ol Ofter (a ii, 'Jar* Doe. No-V Ftmk') personally appeared . .. T ', &0, zy . ................... ... ersonally known tome-OR-F-1 piove to ins ull 1:110 basisatTatisfMory-evidencM be the person(.-4. whose name(s) is/afe�subscrlbed to the within instrument and acknowledged to me that helsheAhey executed the same in hislheAlieir authorized capacity(ies); and that by his/herAheir signature*) on the instrument the person(s)-, or the entity upon behalf of which the person(s� acted, JV*M DURS executed the instrument. c4nnrmon # 1137416 t4o" Pift — CONXroo w4ew4c Cam* WITNESS my hand and official seal. W comm B#m Moy I L 2001 P rk;p4mrs of Notary puboc —0 T/ NA L Th ough the information below is not required by Ja w it may p�of e 'valuable to persons relj4ng on the document and could proven t traurfulent removal and reattachment of this form to anothor document. Description of Attached Document Title or Type of Document: Document Date:_ Ql�sg�LA661 Number of Pages: Signer(s) Other Than Named Above. . ... .... Capacity(ies) Claimed by Signer(s) Signer's Name: LJ Individual 0 Corporate Officer Title(s): _ Partner — 0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator K MCA. Other: of thumb here Signer Is Representing: Cai% 44C 3,N Signer's Name: R E, Individual • Corporate Officer Titte(s): • Partner — -D Limited C1 General [7 Attomey-in-Fact (73 Trustee Ligg * Guardian or Conservator ygm-g * Other: I Top of thumb here Signer Is Representing: 0 1995 N4U"l NotgrV A"oelabon - 0236 Remmal Avo , P.0, Box 7184 - Cwop Pwk, CA 9 t309.7164 Prod No. 007 29%-8%971 1, a.1,2896 IN 7 of Free I -W"MM7 27 11AV4 I It % CERTIFICATE OF ACCEPTANCE MIS IS TO CERTIFY that the interest in real property conveyed by DEED OF TRUST dated: November 19, 1999 ftoln' PXLM CANYON RANCH Trustor, to the City of Palm Springs, California, on this 16th day of December, 1999, pursuant to authority granted by the City Council of said City, by Resolution No. 19695 made on the Ist day of December, 1999, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Pal-m Springs, Califort�a, this 16th day of December, 1999. Rev. 3198 PATRICIA A. SANDERS City Clerk aWBOWt M/wes 6-31' 2t of 28 Subdiv Impr Agr AGREEMOU #2185 R19695, 12-1-99 CITY OF PALM SPRINGS ("j, ��;`U&'Wd"A r 0 t 7- P? 7,4 SUBDIVISION IMPROVEMENT AGREEMENT .3 ,JjF,'psNGS,r-A Ci—C.,- TIUS AGREEMENT, made and entered into this /0/1dayofA/a vofg -c- R. 199_L, by and between Palm Canyon Ranch, a General Partnership, 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, filed, mid recorded a final subdivision map of Tract Map No. 17470 in the City of Palm Springs, County of Riverside, as approved by City; and WHEREAS, Subdivider, by said map, has secured the required street and sewer improvements via a Subdivision Improvement Agreement and Letters of Credit; and WHEREAS, Subdivider desires to substitute said Letters of Credit with a Deed offlustusing Lots 8, 11, and 12 of said Tract Map -No. 17470 as security; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately $ 362,724.00 (inclusive of the Desert Water Agency Faithful Performance and Labor/Material Bonds) ; 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 constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements, as shown on the "Improvement Plans for Tract Map No. 17470", 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. 2. Subdivider shall execute a Deed of Ti ust encumbering the property Tip on which the subdivision map is being recorded, in the form attached hereto, to secure the performance by subdivider of its obligations hereunder. It is hereby agreed that the arnount secured by the Deed of Trust is the cost to construct the improvernents, which cost is currently estimated to be $362,724.0 . Subdivider shall procure for the City, at subdivider's sole cost and expense, an ALTA Lender's Policy of Title Insurance, in a form and content sati sfactoi y to the City, insuririg the priority of said Deed of Trust. The City shall reconvey the Deed of Trust upon acceptance by the City of the improvements, the payment by subdivider of any fees and costs necessary to reconvey the Deed of Trust and the ftirnishing of a maintenance bond at the time of the acceptance in the amount of $21,954.94. Said TR 17470 29 maintenance bond shall remain in effect for a period of one (1) year Erom date of acceptance of the improvements. 3. Before final approval of street improvements, the Subdivider 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 showm on the Final Map. The S ubdivider, after setting the monuments, shall Airilish the City Engineer of the City of Palm Springs, written notice of the setting of 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. 4. In accordance with the terms of said subdivision regulation aforesaid, the Subdivider does herebyagree to furnish a good and sufficient bond in the amount of $ N/A (included in the total monies for security) to guarantee payment of the cost of setting monuments as stated in Item No. 3 of this agreement. 5. 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. 6. Subdivider has delivered to city and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defiried) which ate required to be constructed and installed in order to acconunodate the development of the property. 7. Subdivider shall perform any changes or alterations in the construction and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvernents. 8. Subdivider shall guarantee such improvements for a period of one (1) 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 Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one (1) year period. 9. Subdivider shall commence the construction and installation of such improvements within eighteen (18) months from the approval of this amended Subdivision Improvement Agreement and shall complete such construction and installations within nine (9) months from such date of commencernent. This Agreemetn is to be considered a part of Planned Development District No. 79 (PDD 79) and any time extensions applicable to said PDD 79 shall also apply to this Agreement inclusive of the required security for the Works of Improvement. 10. In the event that Subdivider fails to erform any obligation hereunder, Subdivider P tp authorizes City to perform such obligation twenty (20) days after mailing written Notice of Default 30 to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. 11. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses bicurred by City in securing performance of any such obligations, including costs of suit and reasonable attorney's fees. 12, Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend, and hold the City han-riless from any losses, claims, dernwids, 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 vear first above written. st A B3 Its Address: Mr. Stanley Tananbaum C/O Selzer, Ealy, Hemphill & Blasdel, LLP 777 East Tahquitz Canyon Way, Suite 328 Palm Springs, CA 92262 City Clerk AA�C 6 Manager Reviewed and Approved: APPROVED BY -j'HE-Cffy COUNLIL BY RES, NO� 4— N -: 31 Escrow No. , W- Loan No. Cd, )-I., Lb WHEN RECORDED MAIL TO: City of Palm Springs P.O. Box 2643 Palm Springs, CA 92263 Attn: City Clerk DOC **Z000-000971 Confarmd Copy 01/03/2000 Gary L OrsO Assessor -County Clerk-Record.r FOR DEED OF TRUST WITH AS SIGNMENT OF RENTS (LONG FORM) This DEED OF TRUST, made -,his _LL—' day of JVbVCM8r1q 19 between PALM CANYON RANCH, a general partnership herein called TRUSTOR, c/o Selzer, Ealy, Hemphill & Blasdel LLP whose address Is 777 E. Tahquitz Canyon Way, Ste. 3�8, Palm Springs, Calittor (Number and street) (City) ,apia 922 FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and The CITY OF PALM SPRINGS, a municipal corporation herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee In Trust, with Power of Sale, that property In Che C 'I t f Palm Springs County Of Riverside , St?"a of CZfornia, desedbed as: Lots 8, 11 and 12 of Tract 17470, as shown by Map on file in 'Book 148, of Maps, pages 14 and 15, Records of Riverside County, California. See RIDER TO DEED OF TRUST attached hereto and incorporated herein by reference. togetherwith the rents, issues and profits thereof, subject, however, tothe right, power and autnority hereinafter grvento and conferred upon Beneficiary to collectand apply such rents, Issues andprofits, for the purpose d1securing (11 pay-AeA, al#;s 80" 61 see MM TO Elm) cp Tim fe !he tefffl$ tf 0 PfeFAi95011 1-0!e Of M81e �4 avaAl date 1,*Iade by :PW6;6Fy payable 48 Wdeo 6; BeAelieiarj, and ex4ema0e%-e*-fe+teyoe�9 ihepee#, (2) the performance of each agreement of Trustor Incorporated by ref ' erence or contained herein and (3) payment of addWortai sums and Interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, wh--n evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, Trustor agrees: (1) 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 manner any building which may be constrmted, darrzged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply Wr:b all laws affecting said property or requiring any alterations or improvements to be made thereon; not to comrrt. or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; -to cultivate, irrigafe.-fertilize, fumigate, prune and (continued on reverse side) 1193 (V94) Ne I of 4 I . 32 1011 (PAO do all other acts which from the c0ater 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 orrelease shall notcure orwaive any defauttor notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, Including cost of evidence of title and attorney's tees 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 prop" 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 demand upon Trustor and without releasing Trustor from any obligation hereof. may-. make or do the same in such marine( 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 purposes; 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 encumbrance, charge or lien which in the judgment of eitheT 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 demaTid- all sums so expended by Beneficiary or Trustee, with interest from date 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 maximum allowed by law at the time when said statement is demanded. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or Injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date. Beneficiary does not waive his right either to teqUite Prompt payment when due of all other sums so secured or to declare default for failure so to pay. - (3) That at any tirne 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 person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or platthereoti join in granting any easement thereon; orjoin 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 or other disposition as Trustee in Its sole discretion may choose arid 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.* (6) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority. during the continuance of theseTrusts, to collectthe rents, issues and profits of said property, reserving untoTrustorthe right, prior to any default byTrustor in paymenLotany indebtedness secured herebyorin performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such dclault, Berieliciary 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 the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any pan thereof, in his own name sue for or otherwise collect such rents, Issues, and profits, including those past due end unpaid. and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection ofsuch rents, issues and profits and the application thereof as aloresaid, shall not cure orwaive any default or notice of default hereunder or invalidate any act done pursuant to such rictice, (continued on next page) iIS3 0/1� page 2 Cf ` I .. 33 (6) T'hat upon default by Trus payment of any indebtedness secured *by or in performance of any agreement hereunder, Beneficiary may declare tasums 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 shalt 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 default. 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 sa!e. Trustee may postpone sale of all orany portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponEment. Trustee shall deliver to such purchaser its deed conveying the property so sold, butwithout any covenant or warranty, express or implied. The recitals in such deed of any matters orfacts shall be conclusive proof of the truthfulness thereof. Any person, Including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After 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 hereof, 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. V) Beneficiary, or any successor in ownership of any indebtedness secured hereby, mayfrom time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, wMich instrument, executed by the Beneficiary and duly acknowledged and recorded in the office a( the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee cc 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 an6*Beneficlary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, 111heir heirs, legatees, devisees, administrators, executors, successors and assigns. Theterm Beneficiary shall mean the ownerand holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed. whenevzr 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 of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a par' ty unless brought by Trustee. The undersigned Trustor requests that a copy of any notice of default and of any notice cf sale hereunder be mailed to him at his address hereinbefore set forth. Signature of Trustor PATM STATE OF CALIFORNIA, COUNTY OF before me, personally appeareci Ne'A personally known to me ( ) to be the person�&) wt:.-e nameK is:ate' subscribed to the within instrument and acknowledged to me that MekheA#ey- executed the same in his,l-,�aLr.-crized capacizy(43), and that by hisA*F*wr signalure* on the instrument the person(4 or the entity upon behalf of which the per5on(- acted, execu-ted the instrument. WITNESS my hand and official seal. Signature (continued on reverse C., � *MINI 3M74 16 Mimr*19 CW" awt-Weez [&saw ab/ I I, zol siq - - 7193 (1194, Pa5e 3 ot 4 34 Exhibit "A" �Aor LEGAL DESCRIPTION OF PROPERTY The property is that certain real property in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: Lots 8, 11, and 12 of Tract Map No. 17470, as shown by map on file in Book 148, Pages 14 and 15 of Maps, records of the Riverside County Recorder's Office, Riverside County, California. 3 0 0 RIDER TO DEED OF TRUST THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated A vFm a ER - i I J, 199 9 , between Palm Canyon Ranch, A General Partnership ("Trustor"),First American Title Insurance Company ("Trustee"), and the CITY OF PALM SPRINGS, a municipal corporation ("Beneficiary"). Said deed of trust is hereby modified/supplemented (and as modified/supplemented is hereinafter referred to as "this Deed of Trust") in the following particulars only: I . O—bligations Secured. The grants, assignments and transfers made herein are given forthe purpose of securing full and timely observance andperformance by Trustor of its obligations under that certain City of Palm Springs Subdivision Improvement Agreement executed concurrently herewith ("Subdivision Improvement Agreement"). 2. Remedies. Trustor hereby agrees that the City's right to enforce any breach of Trustor's obligations under the Subdivision Improvement Agreement shall include, but not be limited to, the right of the City, its employees, agents, or contractors, to enter upon all or any portion of the Property to remedy any such breach andJor perform any improvement under the Subdivision Improvement Agreement at the expense of Trustor. Any expense incurred by City in remedying such breach shall be payable by Trustor to City, in a form acceptable to City, within thirty (30) days of City's written demand thereof. Should Trustor fail to pay City such amount as demanded by City within such thirty (30) days, City shall have the right to lien the Property for the amount of the cost of curing such breach of any provision of the Subdivision Improvement Agreement, plus any additional costs, incurred by City in attempting to recover such costs, including but not limited to, attorneys fees and costs. In addition to any and all other remedies of Beneficiary set forth under this Deed of Trust or permitted at law or in equity, if a default or event of default under the Deed of Trust shall have occurred, Beneficiary, to the extent permitted by law and without regard to the value, adequacy or occupancy of the security for the Subdivision Improvement Agreement and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession ofthe Property and to collect all rents, income and other benefits thereof and apply the same as any court of competentjurisdiction by ex parte application and without notice, notice of hearing being hereby expressly waived. The expenses, including receiver's fees, attorneys' fees, costs and agent's compensation, incurred pursuant to the power herein contained shall be secured by this Deed of Trust, Furthermore, Trustor specifically acknowledges that certain non -monetary defaults may occur under this Deed of Trust and in such event, Beneficiary and/or Trustee shall have the right to commence foreclosure proceedings based solely upon such non - monetary defaults. Miscellaneous. 3.1 Severability. If any provision of this Deed of Trust or the application hereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of said Deed of Trust and the application of such provisions to other persons or circumstances shall not be effective thereby and shall be enforced to the extent permitted by law. 3.2 Attorney's Fees. Should it be necessary for any party to commence an action at law or in equity against the other to enforce the terms of any provision of this Deed of Trust, the prevailing party shall have a right to judgement against the losing party for reasonable attorney's fees and costs as set by the court. In the event of nonjudicial foreclosure of this Deed of Trust, Beneficiary shall be entitled to recover its reasonable attorneys fees and costs, which shal I be deemed secured by this Deed of Trust, from proceeds of the sale and/or acondition to reinstatement of this Deed of Trust. 3.3 Conflic � In the event of any conflict between the terms of this Rider to Deed of Trust and the Deed of Trust to which this Rider is attached, the terms of this Addendum shall control. 1 00 36 Pali By: Its: 0 (o # /0 "Trustor" (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) 37 C�L*IFOANIA ALL-PURAVE ACKNOWLEDGMENT Is Stateof County of o On kc),, \M^, before me, Z�s I Date Na,ne ard Title of ON— (e.g. 'Jam Doe, Notary Pul*e) personally appeared ersonally known to rne-OR-Epmv�01111 be the person(6), whose name(c4 is/afee subscribed to the within instrument and acknowiedged to me that hel-sha4l:*V executed the same in his/hei4th& authorized capacity(k*, and that by his/hsFA4& signature(.G) on the instrument the person(s)-, or the entity upon behalf of which the person(s� acted, ju**m Dam executed the instrument. Cminasion # 1137415 Not-Y Rift — coamw Ovedde County WITNESS my hand and official seal. MV C.Mm, en*05 2001 SW211U. of N.laly P�bho 0 T1 NAL Though the information below Is not required bylaw, )t may p a v!�zjabhe to persons relying on the document and couldprevenf fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: 21. ��, ��. T--,. " j !��t - - Document Date: Number of Pages: S igner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ��_Vo Cjrvu&q2�,=� C3 Individual 0 Corporate Officer Title(s): Partner — D Limited 0 General LD Attorney -in -Fact C3 Trustee 0 Guardian or Conservator Other: Top of lhumb rere Signer Is Representing: Signer's Name: El Individual • Corporate Officer Title(s): _ • Partner — [71 Limited C1 Genera El Attorn ey-in -Fact [2 Trustee CD Guardian or Conservator CD Other: Signer Is Representing 0 igg� Natartnat Notary Aasomtlon - 112�6 Rwmal Avg. RO 11ox 7164 - Cattoga PaTk, �A 91309-7fB4 ITT Ill 1BPRINT Prod No 5907 ##", l"'8627 Ir- 1� 38 1 0 0 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTH-'Y that the interest in real property conveyed by DEED OF TRUST dated: November 19, 1999 from, PALM CANYON RANCH Trustor, to the City of Palm Springs, California, on this 16th day of December, 1999, pursuant to authority granted by the City Council of said City, by Resolution No. 19695 made on the 1st day of December, 1999, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 16th day of December, 1999. PATRJCIA A. SANDERS City Clerk Rev. 3/98 I '! 39 VPgtdift, Atty id Vjc� Subdiv Impr Agr for Tr 17470 AGREE14ENT #2185 (Orig 1-31-85) CITY OF PALM SPRINGS signed by CM 1-31-85 SUBDIVISION IMPROVEMENT AGREE THIS AGREEMENT, made and entered into this d I 9� �j by and between JERRY B. EPSTEIN, ATTORN!Y 11rWT" hereinafter collectively referred to- as "Subdivider" and CITY OF PALM SPTINGS, a municipal corporation of the State of California, hereinafter referred t6 as "CITY"; WITNESSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map bf Tract No. 17470 in the City of Palm Springs, County of Riverside, for approv,;l by City; aF-c-, WHEREAS, as a condition Drecedent to the approval of said map by City, Sub- divider 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 I WHEREAS, Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an a reement with the City to construct certain improvements; and WHEREAS, the total cost of such ipmerts has been estimated by the City Engineer to be approximately $ 17 NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: I. 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 constructed as a condition precedent to the approval of sa i d f i nal map and ac egtancy YS such streets and easements , as shown 'on the "Improvement Plans for f 11, 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. 2. Subdivider shall furnish to City good and sufficient bonds executed by a corporation authorized to transact surety business, )OUPte of California on forms approved by City, one bond in the sum of $ t the faithful performance of this Agreement, and one bond in the sum of 6',-�,200 to assure payment of the cost of the labor and materials for the improve�ents required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements. The developer shall furnish a maintenance bond at tWtime of execution of this agreement in the amount of $ 25,972.00 whicA shall remain in effect for a period of one year from date of acceFt-ance of the improve- ments. 3. Before final approval of street improvements, the subdivider wil : I place survey monuments in accordance with the provisions of the State Subdivision Map Act arid 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. 40 Subdivision Improvement Agreement Page 2 4. In accordance with the terms of said subdivision regulatioh aforesaid, the subdividef, I ,886 �Srely agree to furnish a good and sufficient bpnd in the amount of $ to guarantee payment of the cost of setting:monuments as stated in Item No. 2—of this agreement. 5. The City Engineer or his duly authorized representative ' upon written request of Subdivider, shall inspect the improvements herein agreed to be con- structed 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. 6. Subdivider shall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable,City standards as determined by the City Engineer, within thirty (30) da�s after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the origina) total estimated cost of such improvements. 8. Subdivider shall guarantee such improvements for a period bf one year following t�e completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials'furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period. 9. Subdivider shall commence the construction and installatio ji of such improvements within thirty (30) days from the approval of such "Improvement Plans for Tract 17,470 H by the City Engineer, and shall�complete such construction and installations within nine (9) months from such date of commencement. 10. In the event that Subdivider fails to perform any o ligatfon hereunder, Subdivider authorizes City to perform such obligation twenty (20) lays after mailing written Notice of Default to Subdivider at the address givqn below, and agrees to pay the entire cost of such performance by City. I 11. 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. 12. Subdivider hereby binds itself, its executors, administra ors and assigns, and agrees to indemnify, defend, and hold the City harmle�_ s,s 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. 4 1 . % e I Subdivision Improvement Agreement Page 3 IN WIT14ESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. c/o Best, Best & Krieger (WCE) 600 E. Tahquitz-McCallum Way j Address Palm Springs, CA 92262 City CITY OF PALM SPRINGS, CALIFORNIA I < 14/"' "'P L,7 City Cler,�k City Manager REVIEWED & APPROVED_���.....�. STATE OF CALIFORNIA ss. COUNTY OF RIVERSIDE On this the 15th day of January, 1985, before me, the undersigned Notary Public, personally appeared JERRY B. EPSTEIN, Attorney -in -Fact for Bernard Adelaar, Maurice Adelaar and Kaye Adelaar, The Adelaar Family Partnership, Florence Levine and David T. Goldstick, Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Minnie Lee Tananbaum, Florence Levine and David T. Goldstick as Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Barbara Levy (nee Barbara Eve Tananbaum), Stanley Tananbaum and Doris Tananbaum. and Ruta Tananbaum, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of the individuals therein named, and he acknowledged to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Attorney -in -Fact of said individuals, and on behalf of said individuals, said acknowledged to me that he subscribed his own name as Attorney -in Fact, and that such individuals executed the same. WITNESS &.hand and OFPICIAL SEEEA�T, �JUDITII A STEWART ST�W T ZF 4 V 4 0 NOTARY PUSIX - CALFORNIA F FIVEI?SICE coln..'ry ry M My Mm. �� . y P�.. �P� 3D, 1985 official seal. 42 0 6 AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by and between the City of Palm Springs, a municipal corporation (the "City") and BERNARD ADELAAR, MAURICE ADELAAR and KAYE ADELAAR, THE ADELAAR FAMILY PARTNERSHIP, FLORENCE LEVINE and DAVID T. GOLDSTICK, Trustees under the Last Will and Testament of MARTIN TANANBAUM, in Trust for MINNIE LEE TANANBAUM, FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under -the Last Will and Testament of MARTIN TANAN- BAUM, in Trust for BARBARA LEVY (nee BARBARA EVE TANANBAUM) , STANLEY TANANBAUM and DORIS TANANBAUM and RUTA TANANBAUM (collec- tively the "Subdivider"), with reference to the following: WHEREAS, the City Council of the City and Subdivider have entered into that certain Subdivision Improvement Agreement dated 2/ 1 198J- ("said Agreement"), an executed copy of wYlch is attached her—eto and incorporated herein by this refer- ence, under the terms of which Subdivider agrees to install and complete certain designated public improvements in Tract 17470; and WHEREAS, Subdivider is required under the terms and condi- tions of said Agreement to provide bonds to secure (a) the faith- ful performance of the terms and conditions of said Agreement; (b) the payment of the cost of labor and materials for improve- ments required to be constructed or installed thereunder; and (c) the payment of the cost of setting monuments, as stated in said Agreement. NOW, THEREFORE, the parties agree that in satisfaction of all of the obligations under said Agreement to provide those cer- tain bonds as set forth in said Agreement, Subdivider shall and does hereby transfer, grant and assign the following Certificates of Deposit to the City: (a) a Certificate of Deposit issued by Santa Monica Bank in the sum of One Hundred Seventy Two Thousand Eight Hun- dred Forty-eight Dollars ($172,848), for the purpose of securing Subdivider's performance of all the terms and conditions of said Agreement; (b) a Certificate of Deposit issued by Santa Monica Bank in -the sum of Eighty Six Thousand Four Hundred Twenty-four Dollars ($86,424) for the purpose of securing Subdivid- ergs payment to the engineer, contractor, its subcon- tractors and the persons renting equipment or furnishing 43 0 0 labor or materials to them for the improvements provided in said Agreement; and (c) a Certificate of Deposit issued by Santa Monica Bank in the sum of Eleven Thousand Dollars ($11,000) for the purpose of securing the faithful performance for the setting of survey monuments in accordance with the pro- visions of Sections 11566 and 11592 of the Subdivision Map Act and Article 963 of the Subdivision ordinance of the City of Palm Springs and as shown on the Tract Map for Tract 17470. The parties agree that the Certificates of Deposit hereby transferred, or any funds payable thereon, are to be held by the City in trust for the sole purpose of guaranteeing Subdivider's performance or payment to the City of the above -described obliga- tions as set forth in said Agreement and any alteration thereof made as therein provided, in the event of default by Subdivider. The funds represented by the Certificates of Deposit, and any interest thereon, shall be released by the City to Subdivider upon Subdivider's satisfaction of their obligations as set forth under the terms and conditions of said Agreement. The parties further agree that any interest payable or paid under the terms of the Certificates of Deposit, copies of which is attached hereto as Exhibits "All, 111311 and 'IC", shall be the sole and separate property of Subdivider and the City shall not apply or use said interest, or any part thereof, for the purposes herein set forth. The parties further acknowledge and agree that Subdivider shall have the right at any time during the term of said Agree- ment to secure the performance of said Agreement by substituting Letters of Credit or Bonds for t-he Certificates of Deposit herein described so long as said Letters of Credit or Bonds are in amounts equal to the face amounts of the Certificates of Deposit and are issued by an institution approved by the City, and are in a form acceptable to the City. This Agreement shall bind and inure to the benefit of the respective parties, their successors, personal representatives and assigns. 44 DEOAA/Epsl/1-15-85/bl IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Palm Springs, California, on the date or dates shown below. SUBDIVIDER: Date: 1985 By: STATE OF CALIFORNIA ss. COUNTY OF RIVERSIDE On this the 15th day of January, 1985, before me, the undersigned Notary Public, personally.appeared JERRY B. EPSTEIN, Attorney -in -Fact for Bernard Adelaar, Maurice Adelaar and Kaye Adelaar, The Adelaar Family Partnership, Florence Levine and David T. Goldstick, Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Minnie Lee Tananbaum, Florence Levine and David T. Goldstick as Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Barbara Levy (nee Barbara Eve Tananbaum), Stanley Tananbaum and Doris Tananbaum and Ruta Tananbaum, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of the individuals therein named, and he acknowledged to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Attorney -in -Fact of said individuals, and on behalf of said individuals, said acknowledged to me that he subscribed his own name as Attorney -in Fact, and that such individuals executed the same. WITNESS hand and official seal. --my OFFICIAL SEAL JUDITH A STE�'VA,�RT NOTAPY PUBLIC - CAL)FORNIA RIVE17SIM COLINTY Fly Comm., vrires V11 320,1986 '86 CITY ATTORNEY, CITY OF PALM SPRINGS By: 45 -3- DEOAA/Epsl/1-15-85/bl ----------- 7. 230074 SantaMonica Bwk .,CWT Wft�'Pr. SINGLE MATURITY 1251 Fourth Street RTIFICATE,,OF DEPOSI "101631: ...... . E " T A^ -3,." A5, n -Ao�id January' A' ::CITY QF:PALM,,.5PR1NGS r "04AVE DEPOSIT DA N TH S SANK ONE HUNDRED bLVENTY -TWO.- MUSAR-RIGHT HUKDRE[Jc�.UJR_I­Y- EI(iff q '" $ L?,L 172. - A 48 110 00"ARS PAYABLE TO "�** Same Ag: Abov6'**::,'-, UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE. PROPERLY ENDORSED, AT THE OFFICE OF tSSUF-.TH*i S MATURES F FIS.INTERE.%TAT,.,THF RATE Ot,, CERTfF.ICATE .,30 Days C2 13-85) �DM DAT.F.�,BEA L50 % PER ANNUM FROM DATE UNTIL MATURJTY.4 TH - IS CEFITIFICA7�,7 E"NS 0 �NTEAEST. AFTE-p MATUPITY. IT MAY NOT 8F_-`�;`fTHDRAVYN- PRIOR TO. WATURtTY UNLESS S�BS'j�-NTI A!L'111�TE REST IS FORFEITED. tNTEiqSST.P4Y.4ErLE' M014TH L�V' E]QLY'�RTeRLY 00A�ATUFItTY_- AOLD -7 1A �4% FOR BAKK'3�i'6NLY' AYHPR�W�OSI?�ATYRE 10 LP7.3 111' 1: S I 1461100 101: 46 El COST NOfryPE- 230014 Sant� Mo��6 Bank .§INGLE MATURITY tR 1251 Fourth--Str�t Tir-jCATEADF DEPOSIT x CA Santa moni�i,, Ja6uarj 14 M-01' RUM -SPRINGS S�.�AV'E` 129'POSl-FE-04N THi0,8ANJK, R HIINWtb TWENTY FC11 I"* EIGHTY 'qT Y THOUSAND Fotj F-AYAF31.E TO SAME AS ABOVE,.-** UPON MATURITY AND PFIRSrNTATION AND SURRENDER OF THIS CERTIrICATE,PROPERLY ENDORSED, AT THE OFFICE OF ISSUE. THIS CERTIFICATE MATURES 30 Days (2-1-1-85) FRCM DATE,,ANO SEARS tNTEREST AT,THrm RATE OF, 7- qo %PER ANNUM FROM .PATE YNTIL� MATIJKI.TY.,, TMIS CERTIFICATjE E'AANS NO)414TEAEST AF-T�R MATUPITY.- fT MWY,�OT 13E WITHDR PRIC)R,�,�*,M4'TJUAITY N-TIALINT-ERrzST,lSfF.ORFEIT-F-D.INTEREST;P4,. MONTHLY QIGARTWAL� A'��AT6; 0 RtYy UNLESS SUB TA + T e klo A., 3.1 P014 8 WK"USE'GNLi� t2 -77 - lis 10 L6 3 2110 o: S L L L-100 Loi: A CUST NO/ T YPE 230074/005 Ka Bank 1251 4th ST. SINGLE MATURITY :,10163: rERTIFICATE,0'0,DEP0Sl7 7 ;,. 4 "JANIIARY21- tli .-SANTA !,l0y-.-lCA -'-'046 - *,**THIP C I HAqIHA\ I: DO. V F A ('M S P R I POStTeDINTHI BA K *s, * , , . xl O�LARS 1: 00*** - PXYASLETO ...*�*THE CITY 0-F PAW UPON MATURITY AND P19ESENTATION AND SURFqrmNOER OF THIS CERWiCATE, PROPERLY ENDORSED, 'AT THE OF ISSUE. THIS"' CESTIF(c?%TE MATURES 30:.DAYS f2-13,851 FqoM DAT9 AND BEA9S INTEREST AT THE RATE OF 7,50 %PER ANNUM FROM DATE UNT(L MATU�i�y.,- tHIS-CERTIFICA�f' ':E�RNS10"INTEAC'S'T.' A."F"TER MATURITY, IT MAY..NOT BE WITHDRAWK PRIOR TO MATURVtY : , , . I. - 1�1 '. , 1. X . L"'. "::'Ej L' , , ? ' `:'. T 0 H LY iAA-!�RkTY. �10LV� ..�NLESS SUS�TANITWL INiF-f4.eSTJ4 F,9,RFEI ED. lt4TEf.rEST -E ClU Tr=R EIAT ,,PAYAEL kT L'Y �t, te. Ly 0 Ilk F "R iAt4 k dsF- 6' AUTV" ,,,ED Sl��ATURE lie Lo L6 3 31" 1: s I L I-00 Lol: � L r 48 46 _6 'g ri st In' er"e Bank of"california International Division Bank Box 54191 Los Angela5, California 90054 OUR NUMT'�R 1-28860 FQRMERLY VNITEV CAUFORNIABA111K Cable Address- I11REVOCABLE DOUUMENTAlY uREDIT FICALRANK Telex No. 674421 PLACE AND DATE OF ISSUE: DATE AND PLAC"g- OF E"KPIEY: I'o'S ANGELES, 20 FEI' 198b 15 FEB 1986 AT F.I.B.C.,10S ANGELES 0 16 0 APPLIUANT: BENEFICIARY: JERRY D. EPSTEIN CITY 09' PAI:1-11 SPRINGS, ATTORN3Y:--IN-3AGT A MUNIC12AL COBPOBATION 4201 VIA MARIOA 3200 Ir. TARQUITZ hOCALT-1011 WAY MARINA DEL HEY PAIM SPRINGS, CAIIFO'RNTA 90291 CALIFORNIA 92282 ADVISIPtC- '1fS1)17?_,L48.Yj0. DI*tdc"T, OhE'H.tNPR9D SEV'ENTY TWO ThOGSAND EIGHT 'RUNDPED '_W0FT1 DIGHT AND.00/101 UNITED STATES DOLLARS CREDIT AVAILABIE NITE: PIRST INTERST&W BANK OY CAL I YORAIA, LA BY: PAIMENT, AGAINST PRESENTATION Of THE BOUDMENTS DITPILID"D -UV-rTN AN11 01!, rOUR DRAFTS AT SIG�!T 111F.AWN O� FIRST INTEIPSTATE BA14K OF CALIFORNIA., LOS I- YOUR DATED STATEMENT, INDICATING SIGNED BY''THE DIR'f�ZTOX OF COMMUNITY P M " THE CITY OF PALM SPRINGS, A MUHICIPAL CO-_RPORATION ("THIJ,; TDIVELO ENT O� CITY"), UERTIYXING THAT JERRY B. EV6T2IN, ATTORNEI-114-PACT (-S-U'BI)1VIDEW'), IHAS NOT PE'10011MED A0GORDIAG !.110. TFE_T.i1;11A5 AND CONDITIONS'O F TEAT CERTAIN S UEDIVX51ON ImP-0 VrllEml! &r1),.n1jLmL-oT -,PATrID J ANUARY 16,1985, BY AND 2VTWEEW THE CITY AND S'UMEIVIDER AND TEAT THE AVI 0 UNIT DRATH-UriDIR FIRST INTERST-AT! 1ANK -OF 0A1I.C'ORNIA­-EOrS ANGEYLS LETTEP OF CREDIT NUMBEF 12 8860, IS NO'd '010E ANT, PkYA211' DOCUMENTS PRESENTED HEREUNDER MOST ACCOMPANY THE ORIGINAL OF TRIS Pl_ LETTRE'R 01 CREDIT. WE IIERE37 ISSUE TRIS DOCUMENTARY CREDIT IN YOOR FAVOR. IT IS S'oBJ1CT TO TBE UNIVOPM CUSTOMS AND PRA.GTICE IOR DOCIUKENTAREY CREDITS (I�J86 REVIS109), INTERNATIONAL QRAMBER 01 COMM1110.E, PRRIS, FRj0ICE PUILIuATION NO. �1_0.q AND ENGAGES US IN '14.01CORD&NICE WITE TRE TZBM9 TRE.P.20F. TRP NQ111BER AND DATE Uri THE CREDIT ANI TBE NAME 01' OUR BANK fflJST 2E 'ZOTED ON ALL DRAFTS R1?,'LjV.I'RED 1�9� IZ TEE CRADIT IS AVAILABLE BY NEG.OTIATION E.&CF1 PRESENTATION MaSn, I IE QUOT:gie' ON TEE REVERSE 01 THIS ADVIa '.8Y THE BANK T*92 i;Plij)IT IS 0_1 Al AUTHORIZED SIGNATURE AUTHORIZED SIGNATLIRE 49 NOTE: Presentation(s) t�d'be marked on the back of the original L/C only. . . . j . � I . " . . " . DATEOF AMOUNT -IN FIGURES NAME, STAMP I ANUSIGNA I YURE OF THE'BANY PRESENTATION AMOUNT IN WORDS &A.&A &I &I & aA, 1*141-1101.111pr—WA.&A First First I nterstate Banic of Ca lifornia VC—Ar, Ointerstate International Division 54191 4 Bank Box Los Angeles. California 90054 F—En LY V­ - CALI FOP NI A BANK Cable Address: FICAL13ANK Telex No. 674421 DU"UMENT'A-S"Y CRIP11T 00.0. Nllftlj.k�ip, ejA;_,,� 0.0 jjis�,!,­ CT lbsule.. 01' AMOMM-011" 1A IFL-1- I Ij Lo�-; hhiurils.ub, ?�o Y.11�.Y 19tb .14 UIT 101' SPE DYUS 1, TT uli t! I i — I fA'� —1 A 'UT p (11,IUKIGIPAL U311poulfl-wii - ,L�ui VIA m"1311N.P .1;. TA,�!4kjl'U. tnJt.-ALJuU,.! b.11.A OAR I N A U91 RLEY uZZ I F OF R I X -_ 02 S I U _F 171 Tc T � 1? -1 rIT— t o 4 2- t 7 2 ThIS WV10111'.01' 18 TO 'bld, 11j.'MOT AS PA.RT UY lNe; ii.,UE- hl'i - TIONIT URVDI Al.jjj OUST -Alk" ATTO.t,�-�jl) TAEUTV. m �v A* I *� L T 0 11P lvkoc 11,140o.. Minklin(IN1.1' UR.10IT 1��; AN:W�X.Llbl; C', j 1 0:6 E 0`Q 3 VALI 0 D E 7? TY 6WIlL TO 1. U YkL,-F;,F. Ujkj3 Y , !�,,C,,7 6 bL.1. OULU TLI.COMS ar�l- GONDMUtieS P.E�mllv IIN Ailb- - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — A E V I I N G �B A ri K S W I ox i L 00 AUTHOFUZM SIGNATURE 14P IV V, telcl `1w 1W 14P 1 W`V AV, 1w 10 1 W-w "'Or W. -'Aw 4p w L_p 0 0 NOTE: Presentatior(s) to be marked an the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME, STAMP AND SIGNATURE OF THE BANK PRESENTATION AMOUNT IN WORDS 52 Fjgrf First interstate Bank i CH i7ornia I nternational D wision B . x 54191 Loos Angeles. California 90064 Bwk FOWERLY UNITED CALIFaRNI A BMK Cable FICALBANK Telex No. 674421 1 RR EVOCABLE DOGUMENTART CREDIT 41; PLACE AND DATE Of ISSUE: DATE AND PLAGA OY EXPIRY: J-05 ANG-ELES, 2o YE! 1965 1b hlB 19013 -4-2 Y.I.B.C.,L03 &NGEIFS -0 f -161 APPlICANT: JERIff B. EPSTEIN CITY OF PALM SPRINGS, A T TGR NITY - I N -F A Ili T A MUNICIPAL vORPORATION -i2ol VIA MARINA 3200 2. TARQUITZ.MG'�'ALLGM WAY MARINA DEL REY PALM.SPRINGS i.1AT.T'Rr,'RNTA �-)9-4a ADVISING 'BANX: A D IR F C T 2ICrifff S IX TBOLSAND IODR HUNDRED TVEftl FOUR -AND Ofo/100 UNITED STATL� DOLLARS M A L T 0 7;, CREDIT AVAILAILE 9ITH: FIRST I0ThRSTA*- BANK 01' UALIPORNIA, 1A BY: NEGOTIATION AGAINST PRESLI.-NIATION1 OF TITE DOCUMEmT9 DETA11' -ED RMEIN AND IOUR DqAFTS AT SIIGHT DRAWN ON FIRST INT"ERSTATE ]BANK OF CALIFORNIA, LOS I- 'YOUR DATI-'D STATEMENT, INDIOATING SIGNED 1- THE DIRhOTOR OF COMMUNIgr L DEVELOPMENT OF TBE I,-1TY 01" Pfi�LM SPRINGS, A MUNICIPAL "ORPORATION ( 11i)? CIT!-"), -CERTIT.-YING THAT JjfliAY j3. EPSTEEIN, ATTORNE-Y-IN-FAUT C�TYS'DIVIPER"), FAS NOT HADE PAYiiBPNT TO TFU ENGINEER, CONTRACTOR,HIS S,'LJDUCNTRAGTOBS IND ?L�SONS RZOTIrG EQUTPOITWIT OR YURNISIIING 'LABOR OR MIA�H-RIALS TO THEM FOR- T.63 IMPROVE MENT SET FORTV I 1� TRAT m-iTAIN '.6VrFD IV I S IOP f MPROVAI ENT - AGPETY ROP1 OT' DATE D JANUAAl KR-D Iv .�-Tt`ATNN TEE' CITY AAD SUBDIVI-118'R ANI TRAT TBE AM00NT DFK1FN UODER ?IRST 'BAN1f 01. vbLIFOENIA , LOS ANG11LES 'LETTF)i OF uRERDIT, 1q*1jM1ihR 1238'59 IS NOW DUE AND PAYABLE. DOCUM-PiT8 PRESANTED HAR15UNDE113. MUST ACUdMPANi TdE wIGINkIi' OF TjffIS LETTER OF 1,R:q]DIT. WE '6JE1RF-'P1` ISSUR TrilS DOCUMENTARY OREL-IT IN YOUR -FAVOR. IT IS SUBJECT To T91.' UNII'ORM CUSTOMS' LIND PRACTIC.E 1i'OR DOCUM101TARY CREDITS (1993 R!3VISION), INTERNATIONAL CRAIMIFE OF COMMERGE, PARIS , FRANCE PUBlIGATION NO. 100 AND EINGAGES US IN ACCORD.INCE WITH THE TERMS TPERE011. THE NUM13ER AND LATE OF IJI;1�11: 010,'LIT AND TH2 NAME 01' OUR BANK MUST BE QUOTE!, ON All DRAFTS REQUIRED. ff T31s' (�IIFDIT IS AVA.11-ABIIN BY NEGOTIATION LACE PRESENTATI-ON MUST BE Q-0OTr!.D ON TRE REYERSE OF TaIS AD�IICE BY THE BANX liffirl-RE TftE OWEDIT IS AVAILABLE. ** * * 4c** -1� * **** V*y- ;PXON *XA4; :14*44 )1. ;.1-14149 AUTHORZED SIGNAYURE I Ell it - - -TD KAI lek� 0 tk 191 I r_11 53 NOTE: Presentation (s) to�be rnarke� on theback of the original L/C only. DATEOF AMOUNT IN FIGURES OF- THE BANK NAME, STAMP AND SIGNATURE PRESENTATIPN AMOUNT IN WORDS 54 011, First First Interstate Bank California -16 of Internatio6al Division 01 Intomfate Box 54191 Lo , Angeles, California 90054 Bank 4� F01IMENLY UNITED CALIFORNIA SANIC Cable Address. NUMLE11f 1 FICALBANK Telex No, 674421 TC' OUR !!'iAG11: AND J)ATj! Ud u I (JR ;l Mill -I, �"/' 'r .4 1 M 01 P Vh" f G 1 3-1 r CITY Wr VALM A IMONICIPAT .:0'-RP0VAT10K- %'03. VIA tAPINA M"(;L;-kL--!.Uri WAY 1".ftjiINh up'l. HIVY SYRING� L:A1 I-ILI 0*q 10 1 A - 901291 TO il� C0ivS-TD'hxjL'j) AS PAM' W? T'.10--; jie.avi,. liiiwfioi�j.�r cpuuni L yuj)) MOST IKE. M A L T 1§ '111111 8LYWV'.0-: I'll Li NTI ON EL (Ad!)IT IS AS fOLLOWS: TO Vj c ALL (ARV113 AME QW41ITIONS ILIEV18H . 01 6 116 '15l Al" ------------------------------------------------------------------------------------ I -ADVISING -bAkj:�'S 1%-0T!-W1UATI0W 4 z Y T Ik A QR1ZE?XIGNA7URE VV 14P 14P I W 'OF, 1*1 1w llrw�-vp AUTHORIZED SIONATURE , - -V-V -4y .'4 -4w --j"v -4p -w k' w w w -%p -T I L 55 qp 0 NOTE: Presentation(s) to be marked on the back of the original L/C only. rDATEOF I AMOUNT IN FIGURES NAME, STAMP AND SIGNATURE OF THE BANK PRESENTATION I AMOUNT IN WORDS I 56 11FUM!, R"g Oof First interstate Bznk California International Divison B ox 54191 Bank Los Angeles, Cahforn�a 90054 OUR NUMBER 1-28858 l,0FNERLy UNITSGCAUFQRN1A 9ANV Cable Address, IRR'EVOCABLE DOCUMENTARY CREDIT FICALBANK Telex No. 674421 PLACE'AND DATE OF ISSUE.- DATE KND P1f;K0h OF EXPIPLY: LOS ANGELES, 20 FX0 1935 16 FEB 1986-AT V.I.T,.C-'JOS ANGNLE-S &v�f APPLICANT: .1; BENEFICIARY:, j.@RRY B. EPSTEIN, CITY OY PALM SPRINGS, ATTORNLY IN FAOT A, MUNICIPAL CORPORATION, 4201 VIA MARINA, '52oo E. TATIQUITZ MCCALLUM WAY, MARINA DEL IREY PALM SPRINGS, CALIFORNIA 92262 CALIFORNIA 90291 ADVISING P�ANT: AMOUNT: USDI1,000.00 DIRECT ELEVEN TH07JSAND AND*00/100 UNITED STAT:R.,S DOLLARS __j m p, A j)'r L T)* 0 4- CREDIT AVAILABLE WITH: FIRST INTERSTA11411 BANK OF GALI FORNT A, LA 1 BY: PAYMENT AGA.INST PRESENTATION 01, ITEE' DOCUMEMiS DiTAILEb HBREIN AND OF 1� YOUR DBAFTS AT"SIGHT.'DRAWN'ON FIRST INTARSTAT22 B&NK OF 1--l-ALIFOPNIA, LOS ANGELES 1— YOUR DATED STATEMENT,INDICATING SIGNE1,I) '81 TEE DI?ICTOR OF COMMUNITY DEVELOPMENT 03 TEE GITY 01' PALM SPRINGS, A MUNICIPAL CORPOTiATICII C%!jfE CITY"), 0ERTI,ffYJ.WG TISAT JERRY B. EePSTEI?4, 0TORNEY—IN-1-AuT C.Su-.E.DivitEn. ), .8AS NOT MAD! PAYMENT TO TEL' X-NGIF*2.:ER CR SURVEYOR FOR SETTING SURVEY MONUMENTS IN'ACCORDANCE WIT"_"l THE TERMS AND CONDITIONS 01 T11AT UERTAIN SO'BDIVISION IMPROVIMBOT AGREEMENT DATED JANULRY 16 19atI-I, 3Y A-RD THE- CITY -END SUADIVIDIER A'Nl) Thff T- THE AMOUNT DPAWN UNDER 1IRST INTERSHTE 1ANK 01' CALIFORNIA, -LOS ANG_vLES,'1'ETTf.R OF (;RLvD1T NUMBLOR'I28a!5e, is NO11) DUE A01) PAYABLE. DOCUMENTS PRESENTED HEREUNDER h'CST BE ACCOMPANIED BY THE ORIGINAL OF THIS LETTER 04 CRIII)IT. .�3 RRREBY ISSUE TEIS DOCUMENTARY CREDIT IN YOUR -FAVOR. - IT. IS SUBJECT TO THE UNIFORM CUSTOMS. AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION), INTERNATIOMAL CHAV13ER OF'COMMERCE, -PARIS, -FRAINCE PuBLICATION NO. 400 AND ENGAG-ES TJS 'IN kIJQO'.R1DA11qUE WITE ThE TM,11.'; THEREOF. TBR NG'M33'DR 'AAD DATE OF YEE CREDIT AND THE N ' AME 0-2 OUR BANK MUST B-E 000TED ON ALL DRAFTS REQUIRED. !Y THE CREDIT IS PVAILABLE BY NEOOTIATION EACH PRESENTATION MU��T BE QUOTED ON THE R'!'VERSY OF THIS ADVICE BY THE BANK ifiBRE THE CREDIT IS AVAILABLE. t?Eft� _S��A 4ATURE AUTHORIZED SJONATURE 57 NOTE: Presentation(si 'to 66 mar.ke'd' on the back of the original L/C oniv. DATE OF AMOUMTIN.FIGURES NAME, STAMP -AND Si GNATURE OF THE'BANk PRESENTATION AMOUNTINWORDS 58 Fi st Interstate Bank f"Cal fornia In'.1a ional Division Bank 'o" 54t191 Los Angeles, California 90054 FMME-Y-TE-ALIFORNIABANK Cable Address: A"EN1)1jl'TNT i 0 M 13kik, I TO F , CALBANK Telex No, 674421 )�' � 0 --j m I; w T A "� ' 'I .0 OUR NUME11!E I — �*' 8 t3b 8 PLAU-2 AND ISSO—W.: NTE W�e LOS ANIU-'ELES, 2V) FF.E. 19:--�b V M A T 0 t - '4TICA111) U-qT'.DIMA IS AM.NKLI-Ell 7 All' D1TY TO 1.3 PLj, OTEV.r. T@RN8 AAL CON:01TIGNS HT.A10-4 ujwAAI�u�'I'. 6 0 $0 4"1 . 01- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - k I'j v 15 T 10 r I �A . 114 HBO 4, L' A.) ry - 27310 TK i A 01, 1 A f0c qFpI JI&RI -�. (;1'Ry 0-d MOR111.1 eA CT A Vj(JWI(:IPAfj C-',.!?P(J"RATIC-!V, 6LZkJ 'J'::- T.A.4Q01TZ MCUALLU-M IPAY MAL�.IIVA j)�-5:L FIRIJI. PADi SPXL�JG,1, CALIINIRNIA S4�,,;ed;z e-v h 1 Y n�Hv � 't - — t ADVI-91AIC. 1AN-fr: T8 'JQ :B:k. AS PAI�T OF 11d.N AiCIVE M-leRTIONhIl" t;t0`0 AIND 'MUST Y-W ATYAk:R1Q') TZ-11"R'.L-10. 59 NOTE: Presentation(s) to be marked an the back of the original L/C only. DATFOF AMOUNT IN FIGURES NAME, STAMP AND SIGNATURE OF THE BANK Ps SENTATION AMOUNT IN WORDS I 1.2 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: BEST, BEST & KRIEGER (DEO) P.D. Box 2710 Palm Springs, CA 92263 SPECIAL POWER OF ATTORNEY RECEIVED F E B 1, 2 1985 CITY OF PALM SPRINGS ENGINEERING Estate of BERNARD ADELAAR, Deceased, by ROBERT W. BERNARD, Administrator With Will Annexed, Riverside County Probate File No. INDIO 6796; MAURICE ADELAAR and KAY ADELAAR, husband and wife as joint tenants; ADELAAR FAMILY PARTNERSHIP; FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for MINNIE LEE TANANBAUM; FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for BARBARA LEVI (nee Barbara Eve Tananbaum); STANLEY TANANBAUM and DORIS TANANBAUM, husband and wife as joint tenants, and RHODA TANANBAUM, all as owners of that certain real property located in the City of Palm Springs, County of Riverside, State of California, more particularly described in Exhibit "A" attached hereto (the "Property"), hereby jointly and severally appoint and ratify JERRY B. EPSTEIN of Los Angeles, California, as their true and lawful attorney -in -fact to act in their place, stead and name for the purpose of executing subdivision maps, zoning applications, subdivision improvement agreements, security agreements and instruments, and to enter into such other agreements or do such other acts, including, but not limited to, encumbering the Property, as the City of Palm Springs or any other governmental unit, or any lending, bonding or M other financial institution may require in order to obtain and record a final subdivision map for Tract No. 17470 on and for the Property. Said attorney shall have full authority to act in any manner appropriate and necessary to the foregoing powers and, by executing this Power of Attorney, the undersigned hereby ratify all actions already taken by said attorney which are consistent with the authority and powers herein granted, includ- ing, but not limited to, executing the final subdivision map for Tract No. 17470 and the Subdivision Improvement Agreement with the City of Palm Springs. DATED: MA/URICE ADELAAi DATED; f 114 KAY ADrLAAR DATED: ADELAAR AMILY PARTNERSHIP B 72, � - DATED: 7n,,�EVINE� DATED: DAVID T. GOL-D2!XGK' As Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for MINNIE LEE TANANBAUM 62 -2- 0 DATED; DATED: DATED: DATED: DATED: 0 �&cew U d--"7 �, CE LEVINE------ DAVID T. GULDSTICY, As Trustees under the Last Will and Testament of MARTIN TANANB k in trust ARBARA LEVI e I/- Dr- 'Barblarave T--nanba-um) RHODA TADIANBAUM LE alfa RHODA TANANBAUM DATED: (P61SL� u , (2-0z", )� Q -0, , ROBERT W.1*BERNARD, Administrator With Will,Annexed for the Estate of BERNARD ADELAAR, Riverside County Probat� File No. INDIO 6796 W..'' 63 -3- EX141BIT "A" DESCRIPTION: IN THE STATE OF CALIFORNIAj COUNTY OF RIVERSIDE) CITY OF PALM SPRINGSx DESCRIBED AS FOLLOWS: PARCEL-1: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36) TOWNSHIP 4 SOUTHi RANGE 4 EASTi SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING TO THE UNITED STATES ALL OlLi GAS AND OTHER MINERAL DEPOSITS) IN THE LAND 50 PATENTEDY TOGETHER WITH THE RIGHT TO PROSPECT FORj MINE3 REMOVE THE SAMEY ACCORDING TO THE PROVISION OF SAID ACT OF JUNE ly IV38 AS RESERVED IN PATENT RECORDED AUGUST 311 1951 IN BOOK 1Z79 PAGE 186 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY) CALIFORNIA. PARCEL 2: THE EAST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUIHWEST WARIER OF IHE 5-OUIHWESI 01JARIER OF SECTICN 36Y TOWNSHIP 4 SOUTHi RANGE 4 EAST) SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING TO THE UNITED STATESi ALL COAL) OIL., GAS AND OTHER MINENAL CEHUSIISY IN )HE LAND 50 PATENIEDI 10GE7HER W11H THE RIGHT TO PROSPECT FOR) MINE AND REMOVE THE SAME ACCORDING TO THE PROVISIONS OF SAID ACT OF JUNE li lV38 AS RESERVED IN PATENT) RECORDED JULY 3j 1VS6 IN BOq�< 1V37 PAGE 333 OF OFFICIAL RECORDS OF RIVERSIDE -COUNTY; CALIFORNIA. PARCEL 3: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36� TOWNSHIP 4 SOUTH, RANGE 4 EASTj SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING TO THE UNITED STATES ALL OIL) GAS AND OTHER MINERAL DEPOSITS; IN THE LAND 50 PATENTEDP TOGETHER WITH THE RIGHT TO PROSPECT FOR) MINE AND REMOVE THE SAME ACCORDING TO THE PROVISION OF SAID ACT OF JUNE 1) 1938) AS RESERVED IN PATENT RECORDED MAY 14) 19S? IN BOOK ZU57 PAGE 255 OF OFFICIAL RECORDS OF RIVERSIDE COUNTYj CALIFORNIA. .6 E M E ca 00 cl) STATE -OF CALI FqR N IA Iss. COUNTY 0F___XJ".j 4.6g —before me, the undersigned, a Notary Public in and for said Slate, personally appeared Robert W. Bernard,' Administrator With Will Annexed for the Estate of Bernard Adelaar, Riverside County Probate File No. INDIO 6796 personally known to me (or proved to me on the basis of satls- factory evidence) to be the person(s)whose name(s) isiare sub- scribed to the within instrument and acknow)edged to me that he/she/they executed the same. WITNESS rny hand and official seal. Stateof Floricla SS. Countyof Palm Beach I 0PPICIAL SEAL JUDITH A STEWART PJOTARY PUBUC - CALIFORNIA R 'jDE CoUr IVER!, jTy fly COMM. exPires APR 30, 1986 1; (This area for official notarial sea[) Onthisthe4th dayof ion W. LaMott February the undersigned Notary Public, personally appeared 19 85 , before me, j RHODA TAXANBAUM �7"l Lz"� EX personally known to me El proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) i q I subscribed to the within Instrument, and acknowledged that shi_%executed it. WITNESS my hand and officiaJ seal. Notary's Signature ARY P0431.110 VATE OF FLORIDA COMISSION EXP. NOY 25,1987 NO IMRU GE1ERAt1Xt-.-t!hb. GENERAL. ACKNOVVLFDGMENT FORIvi 7110052 NATIONAL NOTARY ASSOCIATION - 23012 Ventura Blvd. - Woodiand Hills, CA 91364 State of SS. County of .1 JACK Notary ; 2 E r,, (,, pul-J!'c- SE"T C, lNeW York NO. 01VVE417041-47 Quellhed in ou,,ers ccunty COMMISSI��Ij 'Zo, lqu^5 On this the -3 � day of the undersigned Notary Public, personally appeared MAURICE AD D jArsonally known tome IP"Proved to me on the basis of satisiactory evidence to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he —executed it. WITN ESS qy hand.and of f ic,ial- seal. Notary's �fdnattlre GENERAL ACKNOWLEDGMENT PORM 7110052 NA70NAl NnTARYAqQr1r1AT1nh1 qln—It State of Onthisthe da 19-1Z before me, SS. County of ell JA,C,K INE!CDMO the undersigned Notary Public, personally appeared Notary Public, ",F.Lo of I !--W York No. 01V�E2,724167 Ouallfied in Quc-m-3 County DORIS TANANBAUM tcomnj;S-�lon Y-personally knowr to me 0 proved to me on the basis of satisfactor .y evidence to be the person(s) whose name(s) Is subscribed to the within instrument, and acknowledged that she —executed it. WITNi hand and otfiQial seal. Notary's,61gnature rUMM I I lu U:)L NATIONAL NCTARY ASSOCIATION - 23012Ventura Blvd - Woodland Hills. CA 91364 State of ;1h day 19 IEEE, b e fo r e rn e, SS. County of IACK the undersig d Notary Public, personally appeared Notary Public, E:-"e Of N'G-,v York Oualf No. 0?,`;E4T04j,'7' STANLEY TANANBAUM fied in Ocieens CMIMy tommissloa Expires �2/personally known to me L1 proved to meon the basis of satisfactory evidence to be the person(s) whose name(s) i, S subscribed to the within instrument, and acknowledged that he —executed it. WITNESS m4and and off irlal seal. r�rhJrPhl Ar.WM(W�l PrV.�-M7rOP.� State of SS. County of JACK kNFISE�EPG Notary Public, 8,--,,e C)f fq�%,y Yodc oua! I; !Cd ill QLI-:Cr.S !Cofnnnission Expli-c-- Notary's SigrAture ra -a - VVQUG1an0 MINS, k;A UIM4 is the 1=`day of 19 before me, Z-A-��� 0 /1� the undersigned Notary Public, personally appeared FLORENCE LEVIN and DAVID T. GOLDSTICK, as Trustees -under the Last Wi and Testanent of MMIN TANANTEAU1, in trust for BARBA 7 i,�,v-L �nee barbara E—ve—Ta­nanbaum) 0 sonally known to me 1,"e,,r proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) �esubscribedtothe within instrument, and acknowledged that they —executed it. WITNES,� my �aQd and off icialseal Notary'j�ign�ture V - A) 66 Lr*4LKALAL;KNQWl.LI)UMLNTVURM 7110052 NATIONAL NOTARY ASSOCIATION - 23012 Venlura Blvd *WcodlandHIls CA91364 State of SS. County of JACK Nclllkr)� Publ�s, 2 1 yc-rlk 0. !rcv GENERAL ACKNOWLEDGMENT FORM 7110052 Stateof County of AY/ SS. JOSEPH QUINONES Notary Public State of NeW Y(2Fk 140. ?2�a73010 qual[fW in Kings C6dr)fy Commission Expir" March 30, Ivi On this the/4,jV_L day of 19-if before me, 1% the undersigned Notary Public, personally appeared pWRENCE IEVINE and DAVID T. GIDIDSTICK, aS Trustees under the last Wil and Testanent of MAMN TANANBAU-1, in tru t for NIN� S TIE rA ersona(ly known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .z -r-e subscribed to the within instrument, and acknowledged that t-hey —executed it. WITNESS ky hand,,and off iqiql seal.. s .5ilInatu NATIONAL NOTARY ASSOCIATION - 23012 Ventuia Blvd *WoodIandHtIrs,CA91364 Onthisthe�2 dayof 1�1 19_L� before me, the undersigned Notary Public, personally appeared RICHARD ADELAAR (ADET" 'FAMILY PARTNERCHIP) V personal [y known to me 0 proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. ­ I N PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION - 2k12 Venlura Blvd. - Woodland Hill$, CA91364 State of County of JACK Notery F ubl ic, E i ci e of N -3vr York N, 0. 0 11 VV E 4 7 all 1 -11 _/ Qualified in Cj,.-ty Cominiss,on Expircs Micrh-20, !935 On this the 30-11 day of 5S. the undersignegNotary Public, personally appeared KAY ADELAAR 19-n, before me, 0 personally known to me Vproved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is —subscribed to the within Instrument, and acknowledged that she —executed it. WITNESsAv hand and official seal. Notary' 5� gnature GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION - 23012 Venlura BIW -W000larldHillS CA91364 ATTACHMENT 4 m% Name and Address for Returning Recorded Documents City of Palm Springs Attn: City Clerk 3200 E. Tahquitz Cayon Way Palm Springs, CA 92262 REQUEST FOR FULL RECONVEYANCE WITH ORIGINAL DOCUMENT INDEMNITY TO: First American Title Insurance Company, Trustee The Undersigned is the legal owner and holder of a Promissory Note secured by the following Deed of Trust recorded in Riverside County, State of CA and is authorized to sign on behalf of undersigned beneficiary. The note, together with all other indebtedness secured by said Trust Deed has been paid in full and satisfied; you are hereby requested and directed, to reconvey, without warranty to the "person or persons legally entitled thereto," the estate now held by you related to the property described below: Trustor: Palm Canyon Ranch, a general Partnership Beneficiary: The City of Palm Springs, a municipal corporation Recording Date: 01/03/2000 Entry No.: 2000-000971 Legal Description: The property is that certain real property in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: Lots 8, 11 and 12 of Tract Map No. 17470, as shown by map on file in Book 148, Pages 14 and 15 of Maps, records of the Riverside County Recorder's Office, Riverside County, California. The undersigned Beneficiary hereby certifies that the original Trust Deed Note and Trust Deed hereinabove referred to have been retained, lost or destroyed. The undersigned Beneficiary also certifies that the Note and Trust Deed hereinabove described have not been assigned to another party. That in consideration of the issuance by said Trustee of its Reconveyance of said Deed of Trust without the surrender to it of the aforementioned Note for cancellation and retention, Beneficiary, their successors, assigns and administrators, hereby agrees to indemnify and hold harmless said Trustee, its agents, employees, successors and assigns, of all liability and responsibility of any loss, damage and expense that may arise or that Trustee may suffer by reason of the issuance of such Reconveyance without having possession of the original Note. The undersigned Beneficiary further agrees to protect and hold harmless all interested parties who may claim an interest in the property referred to herein from any and all loss suffered or damages incurred by reason of a final decree of a court of competent jurisdiction, including but not limited to, actual damages paid, attorney's fees and court cost incurred by reason of the lost Trust Deed Note and Trust Deed described hereinabove. Dated this day of The City of Palm Springs Bv: David Readv, City Manas notary public or other officer completing this certificate verifies only the identify of the individual who signed the STATE OF SS. COUNTY OF On before me, I a 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 that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 GIT Summary December 13, 2017 Page 6 S. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE JPS&E) AND AUTHORIZATION TO BID THE SONORA ROAD STORM DRAIN IMPROVEMENTS, CP 16-12: ACTION: Approve the plans, specifications and estimate, and authorize staff to advertise and solicit bids for the Sonora Road Storm Drain Improvements, CP 16-12. T. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR "PINNACLE POINT" TRACT MAP NO. 17470: ACTION: 1) Adopt Resolution No. Q�14741` uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 17470 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM CANYON RANCH, A GENERAL PARTNERSHIP, AND ITS SUCCESSORS IN INTEREST, FOR PROPERTY LOCATED AT THE EASTERLY TERMINUS OF AVENIDA SEVILLA, IN SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" 2) Authorize the City Manager to execute a Request for Full Reconveyance with Original Document Indemnity associated with a Deed of Trust with Assignment of Rents recorded January 3, 2000, as Document No. 2000-000971, records of Riverside County, California, securing completion of the Works of Improvement associated with the Subdivision Improvement Agreement for Tract Map 17470 with Palm Canyon Ranch, a general partnership, A218�� and 3) XWoAze the City Manager to execute all necessary documents. U. AWARD A CONSTRUCTION CONTRACT TO WRIGHT CONSTRUCTION ENGINEERING CORP IN THE AMOUNT OF $222,368.68 FOR THE SOUTH PALM CANYON DRIVE AND LA PLAZA SAFETY BOLLARD INSTALLATION, CP 15-29: ACTION: 1) Award a construction contract to Wright Construction Engineering, a California corporation, in the amount of $222,368.68 for the South Palfn Canyon Drive and La Plaza Safety Bollard Installation, CP 15-29, fir.Mr; and 2) Authorize the City Manager to execute all necessary documents. Name and Address for Returning Recorded Documents City of Palm Springs Attn: City Clerk 3200 E. Tahquitz Cayon Way Palm Springs, CA 92262 REQUEST FOR FULL RECONVEYANCE WITH ORIGINAL DOCUMENT INDEMNITY TO: First American Title Insurance Company, Trustee The Undersigned is the legal owner and holder of a Promissory Note secured by the following Deed of Trust recorded in Riverside County, State of CA and is authorized to sign on behalf of undersigned beneficiary. The note, together with all other indebtedness secured by said Trust Deed has been paid in full and satisfied; you are hereby requested and directed, to reconvey, without warranty to the "person or persons legally entitled thereto," the estate now held by you related to the property described below: Trustor: Palm Canyon Ranch, a general Partnership Beneficiary: The City of Palm Springs, a municipal corporation Recording Date: 01/03/2000 Entry No.: 2000-000971 Legal Description: The property is that certain real property in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: Lots 8, 11 and 12 of Tract Map No. 17470, as shown by map on file in Book 148, Pages 14 and 15 of Maps, records of the Riverside County Recorder's Office, Riverside County, California. The undersigned Beneficiary hereby certifies that the original Trust Deed Note and Trust Deed hereinabove referred to have been retained, lost or destroyed. The undersigned Beneficiary also certifies that the Note and Trust Deed hereinabove described have not been assigned to another party. That in consideration of the issuance by said Trustee of its Reconveyance of said Deed of Trust without the surrender to it of the aforementioned Note for cancellation and retention, Beneficiary, their successors, assigns and administrators, hereby agrees to indemnify and hold harmless said Trustee, its agents, employees, successors and assigns, of all liability and responsibility of any loss, damage and expense that may arise or that Trustee may suffer by reason of the issuance of such Reconveyance without having possession of the original Note. The undersigned Beneficiary further agrees to protect and hold harmless all interested parties who may claim an interest in the property referred to herein from any and all loss suffered or damages incurred by reason of a final decree of a court of competent jurisdiction, including but not limited to, actual damages paid, attorney's fees and court cost incurred by reason of the lost Trust Deed Note and Trust Deed described hereinabove. APPROVIM By CITY COUNCIL Dated this day of �a4er A-,?195 A# The City of Palm Springs Ap e P A Edward �A By: tray —id Ready, City Manager A notary public or other officer completing this certificate verifies only the STATE OF SS. COUNTY OF 5ee, lt)e, �110tj,'J (.1it I Prm: Atte7s belple-ot n, City Attorney AnMo6y J. $AeJHa-, City Clerk the individual who signed the I i"im rvLt On before me, , a 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 that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature By: ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) A notary public or other officer completing this certificate verifies only the iden* of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documerd. State of California County of Riverside SS. City of Palm Springs On December 21, 2017, before me, ANTHONY J. MEJIA, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this 21st day of December, 2017. IPA L 5.0 Signature: A RAT A ANTHOWY J. MEJIA, MMC C, %V1 CITY CLERK 'it IFO Title or Type of Document Request for Full Reconveyance with Original Document Indemnity Cindv Berardi From: Savat Khamphou Sent: Monday, December 18, 2017 4:25 PM To: Vonda Teed Cc: Thomas Garcia; Rick Minjares; Marcus Fuller; Tabitha Richards; Vonda Teed; 'Scott Lyle'; 'Richards, Paul'; Kathie Hart; Cindy Berardi Subject: RE: BOND COPY RE: Skyline Development Company, LLC - $21,954.94 Maintenance Bond - City of Palms Springs Attachments: Request; Maintenance and Warranty Bond.pdf Vandal, The City is in receipt of the Maintenance and Warranty Bond for the Pinnacle Point Development, TM 17470. The Public Works improvements have been accepted by City Council on December 13, 2017 as part of the Consent Calendar. https://destinyhosted.coM/paImsdocs/­2017/CC/20171213 61/415 1T%20ocr.pdf Please ensure that after the Request for Reconveyance has been circulated for signatures, that it be sent to Paul Richards at First American Mortgage Solutions at the address below with the $45.00 processing fee. Once we receive the Reconveyance from him, the City will need to record it with the Riverside County Clerk. Please expedite this as soon as possible. Thank you. Paul Richards NIORFGA-�� SQLUTIONS Lien Release Services 10011 S. Centennial Parkway, #340 Sandy, Utah 84070 Direct Line: 801.716.8635 Cell: 801-633-1291 Fax: 801.261.7422 Email: PrichardsCIfirstarn.corn VA CALIFOR Like no place else. Savat Khamphou City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8253 Ext. 8744 (office) (760) 219-5404 (ce//) Savat.Khamphou@PaimSpringsCA.gov From: Savat Khamphou Sent: Thursday, December 14, 2017 9:26 AM To: Scott Lyle Cc: Thomas Garcia; Rick Minjares; Marcus Fuller; Tabitha Richards; Vonda Teed Subject: Re: BOND COPY RE: Skyline Development Company, LLC - $21,954.94 Maintenance Bond - City of Palms Springs CONTRACT ABSTRACT 2 Copies: Request for Full Conveyance with Original Document Indemnity Contract Company Name: First American Mortgage Solutions Company Contact: Paul Richards Summga of Services: "Pinnacle Point" Tract Map No. 17470 Contract Price: Funding Source: Contract Term: Contract Administration Lead Department: Engineering Services Contract Administrator: Thomas Garcia / Savat Khamphou / Rick Minjares Contract Approvals Council Approval: December 13, 2017 Resolution Number: 24342 Agreement Number: 2185 Contract Compliance Exhibits: N/A Signatures: Attached Insurance: N/A Bonds: N/A C-) M M C-) C:)� > C-, M c-, Submitted on: 12/20/2017 By: Vonda Teed 4 1 '1- Council Minutes 1-20-82 Page 8 7. WHITEWATER RIVER CORRIDOR MASTER PLAN Recommendation: That the Council authorize the City Manager to enter into agreement with the Regional Desert Design Group of Cal Poly Pomona to prepare the Whitewater River Corridor Master Plan in an amount of $9,250. Acting Director of Community Services reviewed his (109) report, dated January 12, 1982, and in answer to questions by Council, stated that the study should take about 5 months to complete; and that other types of feasibility studies would be needed to determine the impact on other city services, regarding the impact of Bureau of Land Management (BLM) lease. City Manager stated that the concept of leasing from BLM is anticipated to come to the Council at its., next meeting; that there are many other non -land use issues which need to be addressed, and those could be handled somewhat concurrently with the proposed master plan study; that the Planning Commission will need 'to become involved at some point; and that, although the possibility of s'eeking consultant assistance has not be discussed, he would not want to forego that possibility. Councilwoman Ortner stated that it was her understanding that pursuing the feasibility study would follow the master plan. Councilman Rose requested that staff investigate the comment which was made to him that there was a possibility according to POST that the City could lose the ability of getting the property. Minute Order 3045, authorizing City Manager to enter into agreement, as recommended, was presented; after which, it was moved by Field, seconded by Ortner, and unanimously carried, that Minute Order 3045 be adopted., 8. SCHOOL IMPACT MITIGATION FEE Mayor reported request by the School District that this matter be further continued; after which, it was moved by Field, secconded by Rose, and unanimously carried, that this matter be continued to February 17, 1982, per request of the School District. (114) CONSENT AGENDA: 9. Resolution 14122 authorizing City Clerk to accept deed executed by Jean Marie Kapp, for 20 acre parcel in Section (127) 20, in connection with future percolation ponds for the Wastewater Treatment Plant. 10. Resolution 14123 amending the budget to appropriate $4,000 to install a fire detection system and modify existing (61) security system at Angel Stadium. 11. Resolution 14124 approving Tentative Parcel Map 14063 to combine property on Camino Monte Vista between N. Palm Canyon 019) Drive and Indian Avenue, commercial building, KWL/A. Yermian. 12. Resolution 14125 approving Tentative Tract Map 174 ja for property east of Bogert Trail, north of Andreas Hills 13 lots, Webb/J. (137) 7 Epstein. 13. Resolution 14126 approving Tentative Tract Map 78126 (137) for property on Vista Chino, between Cerritos Road and Sunrise Way, 1-lot for condominium purposes, Ervin/J. Cain.' RESOLUTION NO. 15420 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL SUBDIVJSION MAP 17470 FOR PROPERTY LOCATED EAST OF BOGERT TRAIL, NORTH OF ANDREAS HILLS, SECTION 36. WHEREAS Sanborn/Webb Inc., representing Jerry B. Epstein, Attorney -In -Fact has applied for approval of Final Subdivision Map 17470 for property located east of Bogert Trail, north of Andreas Hills, Section 36; and WHEREAS the City Council, at its meeting of January 20, 1982, recommended approval of Tentative Subdivision Map 17470 for this property, subject to conditions as recommended by the Planning Commission; and WHEREAS the City Council finds that Final Subdivision Map 17470 is in substan- tial conformance with approved Tentative Subdivision Map 17470, has satisfied conditions as required, and is in conformance with the City's General Plan, NOW THEREFORE BE TT RESOLVED that the City Council of the City of Palm Springs does hereby approve Final Subdivision MaD 17470 for property hereinabove described. ADOPTED this 16th --day of January —$ 1985 AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOS: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALI YRNI,, By__ Clerk REVIEWED & APPROVED: ­ IWP/CC RES 4