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HomeMy WebLinkAboutA2634 - WESSMAN PLAZA DE LAS FLORES PARTICIPATION AGR s Development Co. First A Amend - Participation Agr - Plaza de las Flores AGREEMENT #191C R18761 R994, 12-20-95 FIRST AMENDMENT TO REDEVELOPMENT PARTICIPATION AGREEMENT (Plaza de las Flores) THIS FIRST AMENDMENT TO REDEVELOPMENT PARTICIPATION AGREEMENT (this "Amendment") is entered into as of the date indicated herein below, by the between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (the "Agency") , THE CITY OF PALM SPRINGS (the "City" ) , and JOHN WESSMAN dba WESSMAN DEVELOPMENT COMPANY (the "Participant" ) . R E C I T A L S: A. The Agency and Participant entered into that certain Redevelopment Participation Agreement dated November 2, 1988, which was approved on November 2, 1988 by the Agency Board pursuant to Resolution No. 570 and the City Council by Resolution No. 16607, as supplemented/modified by that certain letter agreement dated February 1, 1989 (collectively the "Original Agreement") with respect to the acquisition and development of certain real property located in the City of Palm Springs and more particularly described in the Original Agreement . B . The Original Agreement was modified and supplemented by the terms set forth in Attachment No. 6 to that certain Disposition and Development Agreement between the Agency and Participant dated July 7, 1992, which was approved by the Agency Board pursuant to Resolution No. 866 on June 23 , 1992 as supplemented/modified by that certain letter agreement dated January 21, 1993 ( "Bullock' s DDA" ) . C. Participant currently owns that certain improved real property commonly referred to as the "Plaza de las Flores" which is legally described on Exhibit "A" attached hereto (the "Plaza Property" ) . D. The City currently owns that certain improved real property commonly known as the "Welwood Library" which is legally described on Exhibit "B" attached hereto (the "Library Property" ) . The Library Property is contiguous to the Plaza Property. E. Participant desires to remodel the structures currently located on the Plaza Property which renovation will require that Participant conform to the building code of the City of Palm Springs with respect to fire safety requirements . Accordingly, Participant has requested that the City grant to Participant a-non- exclusive easement over a certain portion of the Library Property restricting the building of any structures within said easement area and granting public access through the same area. P52\053\014084-0033\2166939.6 M12/12/95 F. The City, Agency and Participant now desire to amend the Original Agreement to, among other things, delete certain obligations of the City with respect to the continued maintenance obligations and for the City to grant to Participant a pedestrian access and non-buildable easement, all as more particularly provided herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable con- sideration, the receipt and adequacy of which is hereby acknow- ledged, the parties hereby agree as follows : 1 . DEFINITIONS. All capitalized terms shall have the same meaning as set forth in the Original Agreement except as specif- ically otherwise defined herein. 2 . CONSIDERATION. The parties acknowledge that the consideration for the waiver by Participant of the City' s obligations to contribute to the continued maintenance of the public areas including but not limited to the public restrooms consists of the easement granted to Participant by the City pursuant to Section 3 below. 3 . AMENDMENTS TO ORIGINAL AGREEMENT. The Original Agreement is hereby amended as follows : (a) The following is added to the Original Agreement as Section 3 . 9 : "City shall grant to Participant in a form acceptable to the City a public access and non-exclusive easement prohibiting construction of any structures on the Library Property within the area as defined on Exhibit "C" attached hereto and incorporated herein by reference ("Non-Buildable/Public Access Easement" ) . The burdens created by the grant of the Non- Buildable/Public Access Easement shall run with the Library Property and the benefits created by said Easement shall be appurtenant to and run with the Plaza Property. " (b) Section 5 . 4 (A) is amended to add the following: "The Participant agrees that all the restrooms constructed by Participant under Section 6 . 1 below shall be part of the private areas of the project within the control of Participant and that Participant shall make same accessible to a portion of the public on a controlled basis as defined below. The parties agree that "controlled basis" shall mean that Partic- ipant shall have restroom keys provided to tenants of Participant ' s property as well as the operators of the Welwood -2- C�c. -a. - g F52\053\014084-0033\2166939.6 m12/12/9s Murrary Memorial Library (as long as used as a library) and Louise ' s Pantry, for the use by the patrons and employees of said properties . " (c) Section 5 .4 .3. is hereby deleted in its entirety. (d) Section 5 . 5 .1) is hereby deleted in its entirety. (e) Under Section 6 . 1, it is hereby confirmed that the rest- rooms, mall areas and other improvements within the Plaza Property have been constructed as required, except for the Plaza Theater entrance and fountain, and that such completed improvements are the private property of the Participant . 4 . NO OTHER MODIFICATIONS. Except as expressly modified and amended by this Amendment, the Original Agreement shall remain in full force and effect and unmodified or amended. In the event of any inconsistency between the provisions of this Amendment and the Original Agreement, the provisions of this Amendment shall prevail . Nothing herein shall be deemed a waiver of any existing defaults by the Participant under the Agreement nor any representation or warranty by the Agency as to the existence or non-existence of any such defaults . 5 . EFFECTIVE DATE OF THIS AMENDMENT. This Amendment shall be deemed effective upon the latest to occur of : (i) approval, execution and delivery hereof by the Agency, (ii) approval, execution and delivery hereof by the City Council, and (iii) approval, execution and delivery hereof by the Wessman. IN WITNESS WHEREOF, this Amendment has been executed as of the date set forth above . Dated: 412e-,f-, 1995 "AGENCY" THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By: �� 4 Chairperson ATTEST: t Secretary / Q lvVi1 1 (Signatures continued on next page) -3- FS2\053\014004-0033\2166939.6 .12/12/95 APPROVED AS TO FORM: RUTAN & TUCKER By: Agency C nsel (Signatures continued on next page) "CITY" Dated: a l , 1995 THE CITY OF PALM SPRINGS By: <�y%�� Mayor ATTEST: Cit erk APPROVED AS TO FORM: APPROVED BY T H-E -- Fy 10i-! C!L RUTAN & TUCKER BY RES. ;0. �26, /2-in Sj By: City Attor ys "PARTICIPANT" Dated: l�/2 � 1995 OHN WESSMAN dba WESSMAN DEVELOPMENT COMPANY C f a- CL-/0 FS2\053\014084-0033\2166939.6 .12/12/95 EXHIBIT "A" LEGAL DESCRIPTION OF PLAZA PROPERTY POR. N1/2 SE1/4 SEC.15, T.4S.,R. 4E. POR. CITY OF PALM SPRINGS 1 1 I 1.- .., . - -- —ER V E a. .. . 1 , 2 i 3 A ; 5 i G i 7 i t . 3 :12 I � : Parcell• LL to u \ \ O Parcel 2: 1.i5 aF nq I � j vi_ar C xa ;.x.•, .u�- .z — Parcel 3: 1 1 i 37 _________ .t• 32 sl.. is39 Sa y ]3 y 4 i Ix >_ 2 27 i 35 ______________r 1 71 i !c i ______________ 1 ______ _ -'-� 17 I ( n06. 6aCeK3 ) 34 Z • -' 16 Z 33 ---- CD I] -----_ Z 2.39 AC nL. . 1.1: AC nL 20 _____ _________ _ 22 23 _____ "'______ Z � 32 � 30 � 23 r 2A J , I , r f 2= m ______ __.__J 26 Z ' 27 .. __ - t1 RE FS2\053\014084-0033\2156939.6 .12/12/96 EXHTBT P "A" PAGE 1 of 3 • EXHIBIT "A" • LEGAL DESCRIPTION OF PLAZA PROPERTY PARCEL 1: (Per Page 1 of this Exhibit "A" ) All that portion of Block designated as "Mrs. Brooks." Also known as Block 27 on Map of Town of Palm Springs, in File in Book 9 Page 432 of Maps, Records of San Diego County, California, Described as follows: BEGINNING at a point on the northerly line of said Block, 100 feet easterly from the northwesterly comer of said Block; thence southerly parallel with the westerly line of said Block, 80 feet; thence easterly parallel with the northerly line of said block, 10 feet: thence southerly parallel with the westerly line of said block, 34 feet; thence easterly parallel with the northerly line of said block, 106.38 feet; thence southerly parallel with the westerly line of said block 5.00 feet; thence easterly parallel with the northerly line of said block, 8.00 feet; thence northerly parallel with the westerly line of said block, 5.00 feet; thence easterly parallel with the northerly line of said block 66.12 feet to the easterly line of said block; thence northerly along said easterly line 114 feet to the northeast comer of said block; thence westerly along the northerly line of said block, 190.50 feet to the point of beginning. PARCEL 2: (Per Page 1 of this Exhibit "A" ) That portion of Block 27, designated as "Mrs. Brooks" per map of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, recorded in Book 9 Page 432 of Maps, in the Office of the County Recorder of San Diego County, California, described as follows: BEGINNING at a point on the westerly line of said Block 80.00 feet southerly of the northwest comer thereof, thence easterly 110.00 feet parallel with the southerly line of Spring Street, now known as Tahquitz Drive; thence southerly 34.00 feet, parallel with the easterly line of Main Street, now known as Palm Canyon Drive; thence westerly 110.00 feet, parallel with said southerly line of Spring Street to a point on the easterly line of said Main Street; thence northerly 34.00 feet on said easterly line to the point of beginning. PARCEL3: (Per Page 1 of this Exhibit "A" ) AN EASEMENT for ingress and egress purposes, 8.00 feet wide, over that portion of Block 27 of Palm Springs, as shown on Map on file in Book 9, Page 432 of Maps, Records of San Diego County, California, the centerline of said easement is described as follows: BEGINNING at a point on the west line of said Block 27, distant south 00 08'00" east, 114.00 feet from the northwest corner of said Block 27; thence north 89° 52'00" east, 71.12 feet; thence south 00' 08'00" east, 4.00 feet to the true point of beginning; thence parallel to the north face of the existing theater building, north 89' 52'00" east, 122.50 feet, more or less, to the easterly face of the existing theater building. EXHIBIT "A" PAGE 2 of • EXHIBIT "A" �I LEGAL DESCRIPTION OF PLAZA PROPERTY PARCEL 4: (Per Page 1 of this Exhibit "A" ) AN EASEMENT for ingress and egress of pedestrians, equipment and vehicles to and from Parcel 1 herein described, over that portion of Block 27 of Palm Springs, as shown by Map on file in Book 9 page 432 of Maps, Records of San Diego County, California, described as follows: Commencing at a point on the west line of said block 27 that bears south 00 degrees 08' east, a distance of 114 feet, from the northwest corner thereof; Thence north 89 degrees 52' east and parallel with the north line of said block 27, a distance of 216.38 feet, to the true point of beginning; Thence continuing north 89 degrees :52' east and parallel with said north line, a distance of 74.12 feet, more or less, to a point on the said east line of said block 27; Thence south 00 degrees 08' east along said east line, a distance of 8 feet; Thence south 89 degrees 52' west and parallel with said north line a distance of 67.12 feet; Thence south 00 degrees 08' east and jparallel with said east line of block 27, a distance of 8.57 feet; Thence south 89 degrees 52'west and .parallel with said north line, 7 feet, to a point on the east wall of Plaza Theatre Building; Thence north 00 degrees 08' west along said wall, a distance of 16.57 feet, to the true point of beginning. EXHIBIT "A" Page 3 of 3 EXHIBIT "B" LEGAL DESCRIPTION OF LIBRARY PROPERTY T . R . A . ol1—oos 5 1 3 - 1 4 SEC.15, T.4S.,R.4E. 011-033 29-33 PALM SPRINGS 011-03 n o11-a 0I1-038 011-039 Welwood Murray Library 09 1/4 EX i1 i2 3i ♦ r5 i5 719 sr]t 6 ' O1' z 100' J Ott] Q9 L r ; I r r i 1.75 AP nq i r i C.G ].n m LG O a. a.n r r r 1l , i 37 .0 u.n ' 12 ]] !a 36 143 144 711 - -- 3 ---- - _f_____________2 _ _-__ r 'Pm 27 - i 35 ----- - I 6 ______________ __ X ---------- SIRS. tROCK9 3 ^ E _ � v L1 508 -h----------'-�'[ : 15 2.53 AC nL Y ^ 33 1 � __• - ' 1.19 AC ML 23 I------ _S - W 32 2 - _ 1________ � 22 4 31 ' 38 25 2z � rtC r 25 5 a- [E] __---_25 _ 27_ Q a l I�+5 14iS JI 1 —R A5 i ][YISIOR (E)r SIONS _ Dtl[ i0to Xe NET No 84 11)3 73 In)_ 13 t u -1 1e 11 n u4_4a s nl h+1-) 115 s I uee u - 6 s I+ ) h . 1e ht•.r I 1 r) ul-r h -rt I MB 9 ( 432 SD PALV SPRINGS JAN. 1969 F52\053\014084-0033\2166939.6 M12/12/95 1✓�HZBIT °i�° PAGE 1 of 2 EXHIBIT "B" LEGAL DESCRIPTION OF LIBRARY PROPERTY That Certain Property referred to as the Welwood Murray memorial Property ("Library Property") more fully described as follows: PARCEL 6 (Per Page 1 of this Exhibit "B") ALL that portion of a certain unnumbered Block designated as "Mrs. Brooks" on Map of Palm Springs on file in Book 9 page 432 of Maps, Records of San Diego County, California, particularly described as follows: BEGINNING at the Northwesterly corner of said Block; thence East along the Northerly line of said Block, being also the Southerly line of Spring Street (now known as Tahquitz Road), 80 feet; thence South and parallel with the West line of said Block, 80 feet; thence West and parallel with the North line of said Block, 80 feet to a point on the West line of said Block, being also the East Line of Main Avenue (now known as Palm Canyon Drive); thence North along the West line of said Block, 80 feet to the point of beginning; The hereinbove described property being the same as excepted out of and reserved to George Welwood Murray and Caroline C. Murray, his wife, in Deed to Cornelia B. White, dated March 5, 1917, and recorded March 24, 1917 in Book 460, page 2 of Deeds, Records of Riverside County, California. PARCEL 7 (Per Page 1 of this Exhibit "B") ALL that portion of a certain unnumbered Block, designated as "Mrs. Brooks" on Map of Palm Springs, on file in Book 9, page 432 of Maps, Records of San Diego County, California, particularly described as follows: BEGINNING at a point on the Northerly line of said Block, 80 feet Easterly from the Northwest corner thereof; thence South and parallel with the West line of said Block, 80 feet; thence East and parallel with the North line of said Block, 20 feet; thence North and parallel with the West line of said Block, 80 feet to a point on the North line thereof; thence West along the North line of said Block, 20 feet to the point of beginning. EXHIBIT 'B" PAGE 2 of 2 EXHIBIT "C" LEGAL DE-PTION OF NON—BUILDABLE/PDBLIC9 ESS EASEMENT PALM CANYON DRIVE 80.00, 15.1 O' is W —TPOB O NORTHWEST w CORNER OF O BLOCK 21 6.0' e 0�: 6.7' °o N 0 o � > z O z E o p o � c rn- - CITY OF PALM SPRINGS EASEMENT PLAT SAN80fiN A/�E, INC. PEDESTRIAN INGRESS AND EGRESS EASEMENT OVER A= E" o A PORTION OF BLOCK 27, PALM .SPRINGS TOWNSITE LAM Sv%Tr w 4 M.B.9 PG. 432, SAN DIEGO COUNTY RECORDS �cN BY scQP . SLE No. SECTION 15, T.4 S.. R.4 E ,S.B.B.& M. STAFF 1"=20' aimm BY 9i1E7 NO. --W.O. PROFESSIONAL LAND SURVEYOR ,4146 `LS 1 OF f . 95-265 EXHIBIT "C" Page 1 of 2 EXHIBIT "C" LEGAL DE. PION OF NON—BUILDABLE/PUBLIC 0 5S EASEMENT Z- October 20,1995 W.O.95-265 Legal Description An easement for pedestrian ingress and egress more particularly described as follows. All that portion of the Block designated as "Mrs.Brooks", also known as Block 27 on map of Town of Palm Springs, in the City of Palm Springs, County of Riverside, State of California, as recorded in Book 9, Page 423 of Maps, San Diego County Records, described as follows: Commencing at the Northwest corner of said block, thence southerly along the west line of said block a distance of 75.70 feet to the True Point of Beginning. Thence easterly and parallel with the northerly line of said block a distance of 28.30 feet. Thence northerly and parallel with the westerly line of said block a distance of 6.00 feet. Thence easterly and parallel with the northerly line of said block a distance of 10.00 feet. Thence northerly and parallel with the westerly line of said block a distance of 6.70 feet. Thence easterly and parallel with the northerly line of said block a distance of 51.70 feet. Thence northerly and parallel with the westerly line of said block a distance of 24.67 feet. Thence easterly and parallel with the northerly line of sand block a distance of 10.00 feet. Thence southerly and parallel with the westerly line of said block a distance of 41.67 feet. Thence westerly and parallel with the northerly line of said block a distance of 100.00 feet to the west line of said block.. Thence northerly along the west line of said block a distance of 4.30 feet to the True Point of Beginning. AL LA J_L SANBORN �r F.\DATA\95DATA\DRAWING\LEGALS\CPSRDAJW NO. LS4146 CD * EXP. s� 6-30-96 �Q OF CAL1Fi q, `. is EXHIBIT "C" Page 2 of 2 John Wessman dba Wessman Dev. Co. Plaza de las Flores Participation agreement CRA A#191 CITY A#2634 R570, R16607 11-2-88 REDEVELOPMENT PARTICIPATION AGREEMENT (Plaza de las Flores Project) y` vy. d •t1 BY AND BETWEEN THE J THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND JOHN .WESSMAN (dba WESSMAN DEVELOPMENT COMPANY) individually and as agent for The Escrow Accommodator , Inc. November 2 , 1988 TABLE OF CONTENTS Page ARTICLE 1 . PARTIES TO THE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1 . 1 The City. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1 . 2 The Agency, . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1 . 3 The Participant . . . . . . . . . . . . . . . . . . . . 2 Section 1 . 4 The Accommodator. . . . . . . . . . . . . . . . . . . 3 ARTICLE 2. THE SITE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3. ACQUISITION AND DISPOSITION OF SALES PARCELS. . . . 3 Section 3 .1 Parcel 1. . . . . . . . . . .I . . . . . . . . . . . . . . . 3 Section 3 . 2 Parcels 4 and 5 . . . . . . . . . . . . . . . . . . . ..4 A. Acquisition. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Advance of Funds. . . . . . . . . . . . . . . . . . . . . . . 5 D. Escrow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 E. Conveyance of Title and Delivery of Possession. . . . . . . . . . . . . . . . . 6 F. Taxes and Assessments. . . . . . . . . . . . . . . . . . 6 Section 3. 3 Parcels 2 and 3. . . . . . . . . . . . . . . . . . . . 6 Section 3. 4 Semi-Exclusive Easement. . . . . . . . . . . . 7 Section 3 . 5 Parcel 6. . . . . . . . . . . . . . . . . . . . . . . 8 Section 3 . 6 Condition of the Sales Parcels. . . . . 8 Section 3 . 7 Preliminary Work by the Participant . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 3. 8 Zoning of the Sales Parcels and CEQA Requirements . . . . . . . . . . . . . . 9 ARTICLE 4. DEVELOPMENT OF THE SITE. . . . . . . . . . . . . . . . . . . . . . . . 10 Section 4 .1 Scope of Development. . . . . . . . . . . . . . 10 Section 4. 2 Cost of Construction. . . . . . . . . . . . . . 10 Section 4 . 3 Construction of Project . . . . . . . . . . . 10 Section 4 . 4 Anti-Discrimination During Construction. . . . . . . . . . . . . . . . . . . . . 10 Section 4 . 5 Agency Inspections . . . . . . . . . . . . . . . . 11 Section 4 . 6 Indemnification During Construction; Bodily Injury and Property. . . . . . . . . . . . . . . . . . . . . . 11 Section 4 .6 Damaae Insurance. . . . . . . . . . . . . . . . . . 11 Section 4 .7 Certificate of Completion. . . . . . . . . 11 ARTICLE 5. USE AND MAINTENANCE OF SITE. . . . . . . . . . . . . . . . . . . . 12 Section 5 . 1 Uses . . . . . . . . . . . . . . . 12 Section 5 . 2 Obligation to Refrain from Discrimination. . . . . . . . . . . . . . . . . 12 Section 5 . 3 Form of Nondiscrimination and Nonsegregation Clause . . . . . . . . . . . . . 12 ( i ) Section 5. 4 Maintenance of the Site. . . . . . . . . . .14 Section 5 . 5 Effect and Duration of Covenants . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 6 . PUBLIC AND QUASI-PUBLIC IMPROVEMENTS. . . . . . . . . . . 15 Section 6 .1 Public and Quasi-Public Improvements . . . . . . . . . . . . . . . . . . . . . . 15 Section 6. 2 Remodeling of Welwood Murray Memorial Library. . . . . . . . . . . . . . . . . . 15 ARTICLE 7. SPECIAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 7 . 1 Real Estate Commissions . . . . . . . . . . . 16 Section 7. 2 Prejudgment Order of Immediate Possession. . . . . . . . . . . . . . . . . . . . . . . . 16 Section 7. 3 Amendment of Redevelopment Plan. . . 17 Section 7 . 4 Relocation of Tenants. . . . . . . . . . . . . 17 Section 7 . 5 Agency' s Pledge of Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 7 . 6 Parking Requirements. . . . . . . . . . . . . .18 Section 7 .7 Prohibition Against Assignment of Agreement. . . . . . . . . . . . . . . . . . . . 18 Section 7 .8 Pending Litigation. . . . . . . . . . . . . . . .18 ARTICLE 8. DEFAULTS AND REMEDIES. . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 8 . 1 Default . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 8. 2 Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 8. 3 Cure Period. . . . . . . . . . . . . . . . . . . . .19 Section 8. 4 General Rights and Remedies . . . . . . . 19 Section 8. 5 Legal Actions . . . . . . . . . . . . . . . . . . . . . 20 A. Venue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 B. Service of Process . . . . . . . . . . . . . . . . . 20 Section 8 . 6 Termination by the Participant. . . . 20 ARTICLE 9. MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 9 .1 Notices . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 9. 2 Attorneys ' Fees. . . . . . . . . . . . . . . . . . 22 Section 9 . 3 Conflict of Interest. . . . . . . . . . . . . 23 Section 9. 4 Nonliability of Agency Officials and Employees. . . . . . . . . . 23 Section 9 . 5 Interpretation. . . . . . . . . . . . . . . . . . . 23 Section 9.6 Time is of the Essence. . . . . . . . . . . 23 Section 9 . 7 Entire Agreement, Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . . 23 Section 9 . 8 Consents; Reasonableness . . . . . . . . 23 Section 9.9 Amendments to this Agreement . . . . . 23 Section 9 . 10 Binding Effect . . . . . . . . . . . . . . . . . . 24 Section 9.11 Paragraph Headings . . . . . . . . . . . . . . . 24 Section 9 . 12 Execution. . . . . . . . . . . . . . . . . . . . . . . . 24 ( ii ) REDEVELOPMENT PARTICIPATION AGREEMENT (Plaza de las Flores Project) THIS REDEVEOPMENT PARTICIPATION AGREEMENT ( "Agreement" ) is made and entered into as of November 2 , 1988 , by and between the CITY OF PALM SPRINGS (hereinafter referred to as the "City" ) , the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (hereinafter referred to as the "Agency" ) and JOHN WESSMAN, dba WESSMAN DEVELOPMENT COMPANY, a sole proprietorship, individually j and as agent for The Escrow Accommodator, Inc. (hereinafter referred to as the "Participant" ) . This Agreement is entered into with reference to the following : RECITALS A. The Palm Springs Central Business District Redevelopment Project Area ( the "Project Area" ) has been selected and desig- nated as an area which requires redevelopment in the interest of the health, safety and general welfare of the people of the City pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq. ) . B. The Redevelopment Plan for the Palm Springs Central Business District Redevelopment Project Area ( the "Redevelopment Plan" ) was prepared and approved by the Agency. On July 11, 1973, the City Council of the City of Palm Springs established and approved the Redevelopment Plan by its adoption of ordinance No. 952. C. The Agency, in cooperation with the City, is undertaking a program under the California Community Redevelopment Law for the redevelopment, replanning and redesign of blighted, stagnant, improperly utilized or unproductive property within the Project Area, which property requires redevelopment in the interest of the health, safety and general welfare of the people of the City. D. The Agency and City desire to carry out the Redevelop- ment Plan for the Project: Area by providing for the renovation and redevelopment of certain real property located in the Project Area ( the "Site" ) into a retail/commercial/restaurant center to be known, as the Plaza de las Flores ( the "Project" ) . The Agency and City have determined that the renovation and redevelopment of the Site as a retail/commercial/restaurant center pursuant to the terms and conditions of this Agreement is in the best interest of the taxpayers and residents of the City, will otherwise promote the public health, safety, morals and general welfare of City residents, and is in accordance with federal, state and local laws and regulations. NOW, THEREFORE, the parties hereto agree as follows : IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. AGENCY- COMMUNITY REDEVELOPMENT AGENCY y/ r OF THE CITY OF PALM SPRINGS ';i Chairman ATTEST: CITY OF PALM SPRINGS ecretary of Agency — By. � — d City Clerk NCRf7AfJ R. IUfJG CITY MANAGER APPROVED AS TO FORM ,AND CONTENT: ��D� �`�r� BY THE CSTY CCK24M Cy 'Dr By: Agen C u "sel 'and City A*torney PARTICIPANT: J N WESSMAN ba WESSMAN DEVELOPMENT COMPANY, individually and as agent for The Escrow Accommodator , Inc. APPROVED AS TO FORM AND CONTENT: BEST, BEST & KRIEGER PAUL T. SELZER Counsel to—Participant -25- DE01088/10/17/88/4/D 1 1.4 SEW, EXH J T, dj Il..A.11.11A.?Al[ l..SrACC SO SS 2432 SI I nip.m. 'I f ci 'YIIV I' NO 1.7 LIM:J 7!1. II II '40 I;A5�A"lj..A�IIAI I �l AFAMI 74,51. 01n IL 1 7 IAN ........................... LEGAL OESCRI ON That certain prop "property") in the Project EXHIBIT "B" Area more fully described as follows: Parcel ].• All that portion of the block designated as "Mrs. Brooks", also known as Black 27 on map of town at Palm Springs, in the City of Palm Springs, County of Riverside, State of California, in Back 9, Page 432 of Maps, San Oiego County Records by metes and bounds as follows: Beginning at a point on northerly line of said Block 100 feet easterly from northwesterly corner of said black; thence southerly parallel with westerly line of said black so feet; then easterly parallel with northerly line of said black to feet; thence southerly parallel with westerly line of said black 34 feet; thence easterly parallel with northerly line of said black 180.5 feet to easterly line of said black; thence northerly an said easterly line 114 feet to northeast corner of said block; then westerly along northerly line of said block to point of beginning. Parcel 2: All that portion of a certain unnumbered block, designated as Mrs. Brooks an the map of Palm Springs an file in Back 9, page 432 of Maps, Records at San Diego County, California, particularly described as follows: I Beginning at a point an the northerly line of said block, 80 feet easterly from the northwest corner thereof; Thence south and parallel with the west line of said block, 80 feet; Thence east and parallel with the north line of said black 20 feet; Thence north and parallel with the west line of said block, 841 feet to a point on the north line thereof; Then west along the Werth line of said black 20 feet to the Point: of Beginning. Parcel 3• All that portion of a certain unnumbered block designated as Mrs. Brooks, an map of Palm Springs, on file in Book 9 page 432 of Maps, Records of San Oiega County, California, particularly described as follows: imam PAM � Beginning at the northwesterly corner at said block; Thence east along th ctheriy line of said black, being also the southerly 1inApring Street (now known as Tahquit: Road) , 80 feet; Thence south and parallel with the west line of said black, 80 feet; Thenca west and par311e1 with the north line of said block, 80 feet to a paint an the west line at said block, being also the east line of main Avenue (now known as Palm Canyon Drive); Thence west and parallel with the north line of said block, 80 feet to a paint an the west line of said blacx, being also the east line of main Avenue (now known as Palm Canyon Drive) ,; Thence north along the west line at said black, 80 feet to the paint at beginning. Parcel 4• Parcel 1 of Parcel 4: That portion at Block 27, designated as Mrs. Brooks, as shown by Map of ?aim Springs, in the City of Palm Springs on file in Back 9 page 432, of maps. Records at San Diego County, California, described as follows: Beginning at a point on the westerly line of said black, 80 feet southerly of the northwest corner thereof; Thenca easterly 110 feat parallel with the southerly. line of Spring Street (now known as Tahquitz Drive) ; Thence southerly 34 feet parallel with the easterly line of main Street (now known as Palm Canyon Drive) ; Thence westerly 110 feet parallel with said southerly line at Spring Street, to a point an the easterly line of said . � Main Streit; Thenca northerly 34 feet an said easterly line to the point of beginning. 1T —sL PAGE _'Ze Parcel 2 of Parcel 4: An easement and right of way for road purposes, and ingress and egress to the property adjoining on the! south over a strip of land 10 feet in width, being a portion of Block 27, designated as Mrs. Brooks as shown by map of Palm Springs on file in Book 9, page 432, of Maps, Records of San Diego County, California, described as follows: Beginning at a point on the northerly line of said block, 100 feet easterly of the northwest corner thereof; Thence south 80 feet parallel with the west line of said block; Thence east 10 feet parallel with the north line thereof; Thence north 80 feet parallel with the west line of said block, to a point on the north line thereof; Thence west 10 feet on said north line to the Point of Beginning. Parcel 5: That portion of Block 27 , of Palm Springs, as shown by Map on file in Book 9, Page 432 of Maps, Records of San Diego County, California, described as follows: Beginning at a point on the west line of said Block 27 that bears south 00' 08' east a distance of 114 feet, from the northwest corner thereof; Thence continuing south 00' 08' east along said west line a distance of 24.00 feet; Thence north 89' 52' east and parallel with the north line of said Block 27 a distance of 63.00± feet; Thence north 00' 08' west and parallel with said west line a distance of 24.00 feet; Thence south 89' 52' west and parallel with said north line a distance of 63± feet to the Point of Beginning. EXHIBIT PAGE reel ?a•eae4r�. That portion at Block. 27, of Palm Springs, as shown by Map on file In Book 9, page 432 of Maps, Records of San Diego County, California, described as follows: Beginning at a point on the west line of said Block 27 that bears south 00e 08' east a distance of 114 feet, from the northwest corner thereat; Thence continuing south 00e 08' east along said west line a distance at 61.70 feet; Thence north 89e 52' east and parallel with the north- line of said Block 27 a distance of 57.80 feet; Thence south 00e 08' east and parallel with said west line a distance of 7.10 feet; Thence north B9e 52' east and parallel with said north line a distance of 55 feet; Thence south Go- 08' east and parallel with said west line a distance of 0.47 feet; Thence north age 52' east and parallel with said north line a distance of 59 feet; Thence north 00e 08' west and parallel with said west line a distance of 0.47 feet; Thence north 89e 32' east and parallel with said north line a distance at 44.58 feet; Thence north Go- 08' west and parallel with said west line a distance of 47.48 feet; Thence north age 32' east and parallel with said north line a dLstance of 4.45 feet; Thence north 00e o8' west and parallel with said west line a distance at 4.75 feet; .. Thence south age 52' .+est and parallel with said north line a distance of 4.45 feet; _ . Thence north Doe 08' west and parallel with said west line a distance of 15.57 feet; Thence south 89e 52' west and parallel with said north line 216.38 feet to the Point of Beginning. Excepting Parcel 5 as described above. EXHIBIT PAGE 4 Parcels - ---- An easement for ingress and egress at pedestrians, equipment and vehicles to and from Parcel 1 herein described over that portion at Black 27 of Palm Springs, as shown by map an file in Book 9, page 43a, at Maus, Records at San Diego County, California, described as follows: Commencing at a point on the west line of said Black 27 that bears south 00. 08' east a distance at 114 feet from the northwest corner thereat; Thence north 89. 52' east and parallel with the north line at said Block 27 a distance of 216.38 feet to the true Point of Beginning; Thence continuing north 89. 52' east and parallel with said north line a distance at 74.12 feet, more or less, to a point on the said east line of said Block 27; Thence south Oo• 08' east along said east line a distance of 8 feet; Thence south 89. 52' west and parallel with said north line a distance at 67.12 feet; Thence south 00. 08' east and parallel with said east line of Block 27 a distance at 8.57 feet; Thence south 896 52' west and parallel with said north line 7 feet to a point an the east wall of Plaza Theatre Building; EXHIBIT _ 9 PAGE .a.� THE ESCROW CONNECTION 1111 East Tahgad¢-McCallum Way ESCROW INSTRUCTIONS Eare lid Palm Sponge,CA 0 6191327 8566 EXHIt3I'P "C" ESCROW TYPE y^-ale ESCROW rl ESCRow OFFlcERathy Kleindienst DATE Sept. 27, 1988 TO COMPLETE A TOTAL CONSIDERATION OF$ 534,425.00 I—w,nhted,or6411,242.00 plus sufficient funds to MEMO cover buyer's closing costs. PAID OUTSIDE ESCROW $ 123,183.00 CASH THRU ESCROW 411,242.00 LOAN OF RECORD-1 sl LOAN OF RECORD-2nd and will deliver to you any notes,instruments and additional funds required from buyers to enable LOAN OF RECORD-3rd you to a am ply wan these instruction a on er p"orCtt. 30, 1988 NEW 1st all of which yen are authorized and matuccled to use and deliver prrnided instruments have been bled for NEw 2nd LOAN record entitling you la procure assurance of title in the Form of a Standard Policy of Title Insurance NEW 3rd LOAN with the Issuing company s usual printed exceptions with a liability of s 534,425.00 covering property in the Ceu"ti2iMerside stale ofcaworma TOTAL CONSIDERATION 1 34 425.00 Records at said County described as follows See Exhibit A attached hereto and made a part hereof. Property address ,not wrdred) 'hewing title vested "The Escrow Accomodator, Inc. , a California Corporation Fine from encumbrances except.(I)General and Special taxes,including any special district levies,payments for which are included therein and collected therewith, for the current fiscal year,not delinquent.mcludmg lazes for the ensuing year,it any.not yet payable, 12I Covenants,cpnmtione,restncllone,reservallpns,rights,rights of way,easements and exceptions of minerals,oil,gas,water,carbons and hydrocarbons on or under seed land. now of record,and m deed tp fife,if any,slipping the use and occupancy of said property Buyer to approve Stewart Title Co. preliminary title report within term of escrow. In the event escrow holder does not receive written disapproval within said time period report shall be deemed approved. THESE INSTRUCTIONS ARE CONTINUED ON ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE APART HEREOF ' 11 above encumbrances a purchase money trust deed endorse interest on notes as of date of recording deed In even)unpaitl balance of trust tleed s)of recortl are more or less than the sumisl set lorlh above,atllust tl,llere...I n/a I in cash n/a I thru deed of trust to file( n/a l in the sellmg ,,as Prorate lazes an real properly only,based on the latest fax hill in your possession or on latest available lax figures furnished by the litre company as of close of escrow Prorate Interest on loans of record as of n/a Prorate rents.1 of n/a based on rent Statement handed you Any rents in arrears to he disregarded in your donations Prorate insurance as handed you as ofi/a and inthe event the lender requires additional insurance to cover new loan.this is your subornation to order same and pay premium.if any,from buyer a funds As ai /a creed seller and debit buyer the amount at Impounds it any,as disclosed by benel,clary statement Irom the holder of the loan of record EACH PAgTT SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS ON THE REVERSE SIDE HEREOF AND APPROV ES,ACCEPTB,AND AGREES TO BE BOUND THEREBY AS THOUGH THE REVERSE SIDE HEREOF APPEARED OVER THEIR SIGNATURES, The undersigned hereby agrees to pay ondemand charges for drawing.recording and nourlmng all documents,charges of title company,it any,charges Of lending msllluion d any and the buyers and/or borrowers customary escrow fees,necessary to complete this escrow Lender's or Lender's or Buyer's Signature Buyer's Signature The Escrow Accomodator, Inc. BY: Buyers Signature Buyer's Signature Addrelllll Tahquitz East #107, Palm Springs, CA 92262 The foregoing terms pmv,moos,conditions and instructions are hereby approved and accepted in their entirety and concurred in by me I win hand you necessary 5documents and/or funds called Ior on my part to cause title lobe shown as above,which you are authorized to deliver when you hold lot my account the sum pf ❑et proceeds together with any documents,due the undersigned as described above,within the lime as above provided Pay your escrow charges my recording lees charges for evidence of title as called for,whether or not thin escrow is consummated,except those the buyer agreed to pay You are hereby authorized,p pay bonds,assessments,taxes antl any liens or encumbrances of record,plus accrued interest,charges and bonus,if any Pay Documentary Transfer Tax as required on Deed le properly I am conveying You are also authorized in reimburse party advancing money for cost dl building report Borrower's or Borrower's or Seller's Signature Seller's Signature City of Palm Springs BY: Seller's Signature Seller's Signature Attn; Ken Feenstra Address 3200 Be Tahquitz, Palm Springs, Ca. 92262 • CO-aaa-alB.eD ERP=. PAGE� ASANAL ESCROW INSTRUCTIONS ESCROW NO. 8148KK DATE: September 27, 1988 Page 3 Seller understands that The Escrow Accomodator, Inc. , a California corporation will be acquiring herein described property solely for the purpose of facilitating John Wessman's desire to effect a 1031 tax deferred exchange. Seller agrees to and hereby releases The Escrow Accomodator, Inc. from and against any and all liability arising out of this transaction and agrees to proceed only against Wessman in the event of default under any of the terms of this transaction upon trans- fer of title to the property from The Escrow Accomodator Inc. to Wessman. Buyer shall obtain, at buyer's sole costs and expense, title insurance insuring Wessman in the total amount of the purchase price as an addendem to the title insurance required herein. Escrow holder to obtain a Grant Deed from seller to The Escrow Accomodator Inc. and from The Escrow Accomodator Inc. to Wessman to be recorded concurrently at close of this escrow. City of Palm Springs The Escrow Accomodator Inc. BY: BY: EXMIT PAGE s � L Lb,1L UC.747t:r:':09 That certain property (trio "property') in the Project heea mars fully dascribad AS :allows: Wool :. All that portion cl the black desigaitad as "Nrs. MOW, also known as Black 27 on asap o! town of Pals Springs, In C!i• CStl ad Palm brings, County a! Riverside, 9tata of California, to Back q1, ?ags 432 at Napa, San Otago County Records by netsa and bounds aia follows: Beginning at a paint an nartherl line of sai4 Block iol fist easterly frog northwlaeatly Oarnet ad said blcckl Chenes southerly parallel with westerly line at said black a0 fast; then easterly parallel with northerly line at said block la feet; Chenes southerly parallel with westerly line at said black 34 fsee; thence easterly pari1141 with narthatly line cd said block 140.3 fut to easterly line ad said block: thsnas northerly an said easterly line 114 feet to nartheant corner at said ''block; then wastarly along northerly line of said black to polnt a! beginning. ExHfBIT —PAGE Fx5r vm� 14 .ALI IMN. -A ZA NVE"MENTS!Llt� rm lE L F J�E MALL EXMMll� L..L."lLA 7111ALL. UTIALE MALL EXl`ANMClN LE FMRINL L"AL.11 IULALXM4! I ir - 4;:IM AN71 L A ILL..W" �lllf AU A$ V. IA­ :7 l.A AC MC"-IN r,7 IlUIIITUM ANlI LILML lACI 411;AeANI/I T IA.Y t ufo Al. nam � p LIA kIIIAM I HIMIL llikfE I TGAL s J11azQ M ....11.. • I�u6 AITII'1.11 A1,1.1l 11111 Ilil Ll 111�, l FIRST...FLOOR PLAN .... EYKING p(SITR,I IUI FYppiNG qi :•�I•`NiII 7 1�1I 'V� •r','ff• IYKINL IW051(MY SfOI RY dY' •�, ^ F IF II Ill .I All Ts N4 Illf Ill".I MAII EYfANSMIN MAIL ItIANLgI [}KIII AIA IIEAI[l � � N ILVE MAII I1IAW11IN ^ ' 1 ___ IYKING IXi SIpS IISIAUArvI I III ! o• Uf I I(JIF r _ SISI5FAN1/EEIAI SrACE UsIAI1f AN1/III..SM(E Ire IISIAIAIA.11 SITAR 51Al. 11111. 7MillNIA a. . 4'71uo I � _ y.lr' i"T;Il ��,.. �y is 't.�,.11 I h,` �:: :._.} !' � .f)•!�S.�n y rr'A`}.j�,1f�: ',A`;4:', .:'I':I ' : , ri •i I"1= iJ..i^ lI r'� I SMY -111 I IR �-' --� I���,t :.:.p i .Ic,:il„ I!�i,U:es, , .. 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SIC ONO f1OON YIAN vY 1 a I bill 411 WEST ELEVATION-PALM CANYON DRIVE VIEW COURTYARD SOUTH ELEVATION c�n4``"7) ai _I>m[uillilfNIIH�-I�611{' I ' " h1f n�}�,I rn s. P1 Lid mi111����lnll(I 3f�'d�NI- V.. - i r t.11g w NOR FI I ELEVAI ION- TAHOUI I MCCAI LUM WAY VIEW PLAZA NORTH El EVAHON f HIM III I EASE FI EVAI ION - INDIAN AVENUE COUR YARD EASI FI EVAI ION g (it , IIINS I EXHIBIT "F" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Executive Director Palm Springs Redevelopment Agency 3200 E. Tahquitz Way Palm Springs , CA 92262 ( Space Above for Recorder ' s Use Only) CERTIFICATE OF COMPLETION FOR CONSTRUCTION AND DEVELOPMENT RECITALS The Agency is executing this document on the basis of the following facts, understandings and intentions : WHEREAS, by a Participation Agreement dated December 16, 1987 , by and between the Community Redevelopment Agency of the City of Palm Springs (a public body, corporate and politic, hereinafter referred to as the "Agency" ) , the City of Palm Springs, a municipal corporation ( the "City" ) and John Wessman dba Wessman Development Company, a sole proprietorship (hereinafter referred to as the "Participant" ) , (the "Agreement" ) the Participant has developed the Site described on the attached Exhibit "A, " ( the "Site" ) by constructing, or causing to be constructed, thereon a retail/commercial center and related improvements according to the terms and conditions of the Agreement; and WHEREAS, as referenced in the Agreement, promptly after completion of all construction to be completed by the Participant upon the Site, the Agency shall furnish the Participant with a Certificate of Completion upon written request therefor by the Participant; and WHEREAS, the issuance by the Agency of the Certificate of Completion shall be conclusive evidence that the Participant has complied with the terms of the Agreement pertaining to the development of, and the construction of improvements on, the Site; and WHEREAS, the Participant has requested that the Agency furnish the Participant with the Certificate of Completion; and EXHIBIT "F" - WHEREAS, the Agency has conclusively determined that the construction and development on the Site as required by the Agreement has been satisfactorily completed. NOW, THEREFORE: 1. As provided in. the Agreement, the Agency does hereby certify that development of, and construction on, the Site has been fully and satisfactorily performed and completed, and that such development and construction is in full compliance with the Agreement. 2. This Certificate of Completion shall not constitute evidence of compliance with, or satisfaction of, any obligation of the Participant to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the improvements or any part thereof. Nothing contained herein shall modify in any way any other provision of the Agreement. IN WITNESS WHEREOF, the Agency has executed this Certificate this _ day of 198 REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By: Chairman ATTEST: Secretary EXHIBIT "F" - STATE OF CALIFORNIA ) SS . COUNTY OF RIVERSIDE ) On this _ day of _ in the year 198_, before me personally appeared _ , known to me to be the Chairman, and known to me to be the Secretary, of the Redevelopment Agency of the City of Palm Springs, and known to me to be the persons who executed the within instrument on behalf of said public corporation, and acknowledged to me that: such public corporation executed the same. WITNESS my hand and official seal. (Notary Public) EXHIBIT "F" - is . 1eG lWal>IMY ttM,.IL WY. 1 ry I• n,u\ tl..nul n.luls\Irl».c twliiiu`.v»a ��:,'• �., .�WV! � ml \Yu It/Ala>YXI : .( \ti_;? utll.c nA\A uuw .�: IUllit MUY MAhs11w IWIW.Y.f14,Y.Il1Y.,x1 � ,.a........ --=— �.�... u>Iwu+N ul.0 yAc\ ua.u+Anu uu.uA(\ .wvuw vu\ � ao se yl,a ul�, wlu iI I WL11 I dl Y_ f . I4 4� 1:i Tj it.[Q f�:}{'•..: !uv' I.1 (I '� .71 i j 1 i _ ,i��I i.: ►•� i �l`S f� � �_� i 1 4�Ill1Lll- i ;,,..,-'i.i�lr";9�,• 1 r� f II II:[i.4 YyII I AG:.� IrV ' n-. 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L_,. �••};•� i• f!• }III.L. 1 �:....:!r s ii V _ 11l 1 l ffl it 1 .,1,• 1 .n„i, . ..•,mm�e, i,nruurv. 1.,u.1 ... I I IIp.. ...... ^P1A, I A.I aco�a�A CERTIFICATE OF INSURANCEE�A 1 PRODUCER 0/26/89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND Curtis-Kieley, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Drawer TT Palm Springs, Ca. 92263 COMPANIES AFFORDING COVERAGE COMPANY A United Pacific CODE SUB-CODELETTER COMPANY B INSURED LETTER COMPANY `. Wessman Construction Co, LETTER 67-625 Hwy. 111 Cathedral City, Ca. 92234 ETTERNY D ..—.--,- COMPANY E -_-� LETTER COVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/YV) DATE(MM/DD/YV) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000, A X COMMERCIAL GENERAL LIABILITY QB849511100 9/1/89 9/1/90 PRODUCTS-COMPPOPS AGGREGATE $ 1 000 CLAIMS MADE Xr OCCUR `( PERSONAL 3 ADVERTISING INJURY S 1 DO() OWNER'S&CONTRACTOR'S PROT, EACH OCCURRENCE S 1,000, FIRE DAMAGE(Any one lire) $50, MEDICAL EXPENSE(Any one person) $5 AUTOMOBILE LIABILITY COMBINED ANY AUTO SINGLE S ) IMIT ALL OWNED AUTOS BODILY ttf SCHEDULED AUTOS INJURY $ d (Per person) HIRED AUTOS BODILY j NON-OWNED AUTOS NJURY $(Per roeidenq GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE- OCCURRENCE I $ S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY A AND WCOJO062400 4/l/89 4/1/90 $ 2,000, (EACH ACCIDENT) - EMPLOYERS'LIABILITY $ 9,000, (DISEASE—POLICY L0.0T) I S 2,000, (DISEASE—EACH EMPOYEE4 OTHER I DESCRIPTION OF OPERATIONSILOCATIONSPVEHICLES/RESTRICTIONS/SPECIAL ITEMS Additional Insureds as respects to Plaza De Los Flores agreements: 11A2634, #A191 and #A2161 CERTIFICATE HOLDER/ Ad 3.tiDn 1'Ti sure-ds CA CELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Palm Springs Redevelopment Agency EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P.O. Box 1786 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Palm Springs, Ca. 92263-1786 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /y7 ACORD 25-S (3/86) �� /���V �1 ©Al,a^19•1 ^i^I'o�^I'-'e`- ^Iv -iq�.I,f I OL f PAL,N City of Palm Springs q, OpPOR A\E� OgZIFORN\P RECEIVED n i 2 4 1989 Risk n-ialla nll 1,1 CITY CLERK 19-323-8222/s252 October 23, 1989 Mr. John Wessman Wessman Construction Co. 67-625 Highway III Cathedral City, Ca 92234 Re: Plaza De Los Flores Insurance Requirements Dear Mr. Wessman: As you know, there are two existing agreements with the City for the development of Plaza De Los Flores. Agreement #2634 involves the City of Palm Springs, and agreement #191 involves the City Redevelopment Agency. (0&( There is a third agreement, #2161 , which is a license agreement for the encroachment into the City right-of-way. All three agreements have similar insurance requirements. The City presently has on file a certificate of insurance, naming the City as an additional insured, with respects to the Plaza De Los Flores project. A simple way to meet the insurance requirements of all three agreements on this project is to re-issue the certificate of insurance, naming both the City and the Redevelopment Agency as additional named insureds, with specific reference to agreements #A2634, A191 and A2161 as they relate to the Plaza De Los Flores project. I have taken the liberty of sending a copy of this letter directly to Curtis-Kieley, Inc. in the hopes that they will respond directly to this request. Please let me know if you have any questions. Yours very truly, WENDY My TON, Risk Man ger WH/d1s enc.