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HomeMy WebLinkAbout1/19/2000 - STAFF REPORTS (14) DATE: January 19, 2000 TO: City Council FROM: City Engineer FINAL MAP NO. 28610, SECTION 11, T 4 S, R 4 E -MAINIERO, SMITH AND ASSOCIATES, INC. FOR J. FRANK FERRE, TRUSTEE RECOMMENDATION: That the City Council approve Final Map No. 28610 for Mainiero, Smith and Associates, Inc. representing J. Frank Ferre, Trustee, to divide property located at 1106, 1168, 1172 and 1350 Tachevah Drive, Section 11, T 4 S, R 4 E. BACKGROUND: Mainiero, Smith and Associates, Inc. representing J. Frank Ferre, Trustee, requests that four (4)parcels located at 1106, 1168, 1172 and 1350 Tachevah Drive, Section 11, T 4 S, R 4 E, be divided into twenty (20) parcels. At its meeting of July 8, 1998, the Planning Commission recommended approval of Tentative Tract Map No. 28610 which was subsequently approved by the City Council, subject to conditions, on September 2, 1999. The owner offers dedication to the public use for street and public utility purposes Lot "A"; the dedication to public use, easements over those private ingress and egress easements as shown on map for public utility purposes with right of ingress and egress for service and emergency vehicles and personnel. The owner is using a Deed of Trust as security under the Subdivision Improvement Agreement. , It has been determined that required conditions have been satisfied, that the Final Map No. 28610 is in substantial conformance with the approved Tentative Map, and that the Final Map No. 28610 is ready for City Council actions. DAVID J. BARAKIAN City Engineer APPROVED: �� ity Manager I ATTACHMENTS: 1. Map 2. Council Resolution 3. Subdivision Improvement Agreement and Security IN THE CII'Y OF PAL- SPRINGS, SHEET 2 OF 4 SHEETS COUNTY OF RIVERSIDE, STATE OF CALIPORNL EMODEER•S NOTES TRACTMAP NO. 28610 M eAsri W EEARaDE Fm TI n r n Tw �^L f!TACIEVN CILLYE ALSO E310 TIE EartIE Uf LINE OF THE MOIRIE ST GLNNFA O° 13ffiIG SWID1VffiON 0! A PORTION OF T86 NORSHEASI 1/4 SOD. 1f. T.4 I., R.4 E. S.S.M. RS ENN i OF SEC ION 11, TOWNSHIP 4 SOM16 RANGE 4 RA1fR, 8.R.1L ON TIE Mw CF�xF LaNal& I Saar i4. PAGE 74 E MAPL TAKEN AS N arm,mlN ii MAINffii0, SMITH AND ASSOCIATES, INC.DECEMBER 1998 • INDICATES Fa10 RaUENT N MGM a.TK KrITE o I260L P1PEERc P.S.ISIO. Oa MO. 100AACE FAST ifNOTE- �' T �� t1 INDICATES RECORD DATA PEA w 21/25TIE NaR16LY 14.00' OF TACIEVAN CAVE NOTm OTIESIISE AS IFI� IN DIS-71. N®. 4f717 ANDMY ROAD ryjpOSE2IVE IN FFAT�NORMAAN FMtL PPEER 30.0 FEET IN R IMET. I-1 INDICATES REfOfO DATA PER w 2SM FIAT VIRAL IRX 4A7ATL O.A., I8 IE0- RED• S_Sf-Sf IN BOOR W. PAE f17. O.R. VF THE MM ST TO EC' i1B8.2D-x/2 <-> INDICATES RECO D DATA PER lE 21/25 FAST jwumf< ff THE SIKOMSIOM NAP ACE. ®LIME& DE OF N EASETFNT Y1OTN a•ODML FOR DOLE LIKG. COltllIri AND]NDIOENfAL POIPOSES, IN FAVOR 1-1 INDIG7Et RFt.OPO DATA PER AS fM1 LEGEND OF CALIFORNIA ELECTRIC POWER COMPANY PER INET. • VICINITY YM REC. F!-NL IN SOON 8SL PAW 4S4 b.R. tt-11 INDICATES PFDOFD DATA PER NET. NO. 12510, 07— cENTEA IND RFD. 1-15-10. O.R. NOT TO SCALE I.P. - IRON PIPE ®N EASEMENT FOR STPEETS AND POSLIC NNILITIEL IN OO - RADIAL FAVOR OF THE CITY OF PALM SPOINEL PER INT. W. SET LEAD AND TN IN PERMANENT CONCRETE CARS AT THE Po. - FOLIO AE G.C. 4-29-71. O.R. PROLONGATION OF LOT CORERS FRa1TIN{ON STREET& ON. - Ww STAIPm RCE 25.01; AT ALL PIJA LOT OOI•EME AND C.P.S. - CITY OF PALM SPRINGS m AN EASEMENT a EASET FOR OERGROUO AND DRAI PIPELINE AN ABLE PoIN1D, SF.T f' I.P. DaIO S' M LEAD S TN S.F. - SOIAtE FEET PaPOEL IN FAVOR OF THE CITY OF PAW SP WL IN CONC. FOOTI/N OR FF1CIw MAIFIDAL, STRIPED PEA INiT. NO 4,171% A¢. 4-2S-7L O.R. RCE 28NOL• AI.L MOUENTf TYPE S ONI O PEA C.P.S. Sri. Dw. ND. foal N APPiIOPNATE. ®FA OR O THE FOR OF PA AND RLEIIC PERtJTILITIEL IN FAVOR E TIE CITY OF DAL.SPRINE4 PER INST. W. TOTAL SPITE AREA,-7.00 AGES N710. E.D. 1-21i-71. O.R. TOTAL SET AREA -5.0 AQE7 - PASEO EL WMADOR FIR WRIT C.P.R.' • Aw M. AM. PASEO EL MUWOR M]II.Ta!b. om an w�L u n�.a imMml SUM f•_fpp. � PD.Lr I.P.W.a.L TN�'L AM' M O.F.I.ppaw,I MAN. w.lam.," •MN E ` I fY w �W1lYW1•�. I _:........ ------ MY, • LIOIItlPI Q 1 1roq.f�.••1I w. 1.I.P. .• { 17 35 v. 46 A' Niff Eu.d lmim:5 y R • E 3 j 3a - Tv:'- •N i_ Al•Tf� ,q a 1D•,FE`E�i al N PIN K'�ws NO VA.x.P. w.•.e r rTM 1m d K I oi:.. y r ► • z 8 ,t2v aPe dr� w Tr•a iN1 W AS f N'? ti 71 ♦ y —57 �@ AIRY �~ Y psnf"WoR aeo••a•v sri.aa•L �N .R,p•oa•E �" 17 RI N wM'••'Y re.a • LN` 1415 • 64 sy ' — Ij 9 Nn wN6o•oA•DI 7 iDia. N 19 4 r 58 A^DR FTTa4 .ems AAD 184 a i3 M.03PPIEFIRLD W. •� !i !o 4 5 6 9 voT= cwmj 4 TM. 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BEif)-H]0 i3]I IF. fAA lN) 1]-4Fr R K K f]OFI IN THE CITY OF PALK SPRINGS, SHEET 4 OF 4 SHEETS nATA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA n• �- �� TRACT MAP NO. 28610 Y wa'N'L fi.a •wr'wY m.0 WING A SDBD771SION Or A PORTION Or THE NORTHE/ST 1/4 PSEE SHEET 2 FOR MOIAAENT Y ww'w•L u.a x wr•wx Or SECIION 11, TOWNSHIP 4 SOUTH. RING= 4 RAW. S.B.IL AND EASEMENT NOTES fw..w x wrw•c vo.r IIAINIERO. SIHTH AND ASSOCIATES, INC. Y wrest w.r DECE30ER 1998 !o,•lr o.a w.r u.a wa'w 1.a r.w w.N M Y'OI• w.a r.T r.N L' w' tl• ftl• lr• a'w'M• w.a w.a !.r 4•w'w' w.a Q.w i.r fIGLE 1'M ' wa•P w.tl r.r q.q wM'A• w.N r.a a.01 b•u•w w.N w.n Q.r - vi•!r w.r lr.a x wr•a•Y i,w x amlm-w N.w w•i'3Y M.N O.r ,I.a 94 40 1 42 17 +�9 za eea a.F. —�� 15 BEL VISTA 14 id.72EL.F. .— eHr� 11 ,7.007 L.F. ® X!w•tlY 4. 10 M4 S.F. Nlrw•mmr 19I 'MAIM •, Mlw.i.lra MEN i M!r•m•xw N� 8 ® 18 V — cc • Q Qi 2].61E E.F. O ! ® ag 3 ,,. ,,. 16 9 o f o 12 14WB E.F. M, . ! . 1%,On S.F. n�ra v 20 � s ULM E.F. Y >d -12.61E S.F. IIe� 14.2E1 E.Fj •b �y i.tl iec3mrx=L i w.tl Fq Lora d \ Y S i RI]lwf. ! ! lws.a wl.r 0.97M3 ACRES _ TACHEVAH DRIVE N!!tlti an.n• t DR VEf GAD 9 3A Ne 9 3AI ZA IW 105IZ2 R3R IY FIMLL MV. LLET -IpY IO.I1711. M4) ,T-/u1'N OY A M CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2000, by and between STREBE CONSOLIDATED TRUST,hereinafter collectively referred to as "Subdivider" and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY'; WITNESSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract Map No. 28610 in the City of Palm Springs, County of Riverside, for approval by City; and WHEREAS, Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown in 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 agreement with City to construct certain improvements; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately $ 250,577.00; NOW THEREFORE, IT IS AGREED by and between the parties hereto as'follows; 1. Subdivider, at his sole cost and expense, shalt constrict 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 Tachevah Drive", 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$580,021.50. Subdivider shall procure for the City, at subdivider's sole cost and expense, an ALTA Lender's Policy of Title Insurance,in a form and content satisfactory to the City, insuring the priority of said Deed of Trust. I �� N � The City shall reconvey the Deed of Trust upon acceptance by the City of the improvements, the payment by subdivider of any fees and costs necessary to reconvey the Deed of Trust and the furnishing of a maintenance bond at the time of the acceptance in the amount of$ 62, 444.00. 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 ' 3,175.00 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 shall complete such improvement plans including any corrections and revisions thereto necessary to comply with the applicable City standards as determined by the City Engineer, within thirty (30) days after approval of the final map. 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 detective 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 six (6) months from the approval of such "Improvement Plans for Tachevah Drive" by the City Engineer, and shall complete such construction and installations within eighteen (18)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. 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 orcauses 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. SUBDIVIDER: By: 64. Frank Ferre Its: Trustee Address: STQE3C— CV050wDAiEb T2US1 33 e> No,ETl4 „ D" STREee-i, SU i)-E 560 Sfln/ r3c�2NARi�rnrD, c �t yayal City Clerk City Manager Reviewed and Approved: ALL-PURPOSE ACKNOWLEDGMENT State of California ' County or �Jl 1-1?��L'✓�l.l/l [ l�U I SS. I ' On I y before me, 160 40a • (DATE) r-- (NOTARY) • ' personally appeared �l�( -�� ro-ffc�' ' SIGNER(S) !• impersonally known to me OR- ❑ proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) ! ' is/are subscribed to the within instrument and ' I acknowledged to me that he/she/they executed • the same in his/her/their authorized I capacity(ies), and that by his/her/their I signature(s) on the instrument the person(s), • or the entity upon behalf of which the • I DAWN SHENTDN person(s) acted, executed the instrument. Conlm,#1109158 I r yr( ;• NOTARY PUBLIC-CALIFORNIA • VI '� a , San Bernardino County ,, WITNESS my hand and official seal. • My Comm. EXPIDS Aug.25,2000 • NOTARY'S SIGNATURE I ! OPTIONAL INFORMiATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. i CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i• INDIVIDUAL • ❑ CORPORATE OFFICER JLAUID I/a7 �nlc trw a j ! I TIME(S) �TITLE OR TYPE OF DOCUMEN'Y% 0 ` Q- ' ❑ PARTNER(S) f ❑ ATTORNEY-IN-FACT I 1 ❑ TRUSTEE(S) NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • I ❑ OTHER: ' DATE OF DOCUMENT ! SIGNER IS REPRESENTING: ! 1 NAME OF PERSON(S)OR rwri-YUES) ' 1 _ OTHER --- — AI'A 1/94 VALLEY-SIERRA, 800-362-3369 Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS P.O. BOX 2743 PALM SPRINGS, CA 92263 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made between STREBE CONSOLIDATED TRUST herein called TRUSTOR, whose address is 330 NORTH "D" STREET, SUITE 500 SAN BERNARDINO, CALIFORNIA, (Number and Street) (City) (State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and CITY OF PALM SPRINGS , 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: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 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 authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of$ SEE RIDER TO DEED OF TRUST with interest thereon according to the terms of a promissory note or notes of even date herewith made by Truster, payable to order of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Truster incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Truster, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described,Truster expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by-each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, ;n the book (continued on reverse side) � � 1158 ;'•;S'9; and at the page of Official Records in the office of the county recorder of the county where said propeRy II lo�noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Maria 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4773 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yale 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 396 693 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774 shall Inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. } Signature of Trustor STATE OF CALIFO NIA ��J,n'/, }ss. COUNTY OF _`_�2�r'/L-/ r7�/( ��/20 } ` L/ 5 7FE On �7 � (_ 'gyp before me, f 61 personally appealed %. r(/(ArJ6 Fe KKK personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instru- ment the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature 4OU Lf"_n (This area for official notarial seal) DAIMMn +n Comm.#1109758 IInn vl NOTARY PUBLIC-CALIFORNIA 0 San Bernardino County My Comm. hplrer Aup.25,2DOD (continued on next page) 1158(1i94) Pape 2 of 4 DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A, To protect the security of this Deed of Trust,Truster 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,damaged 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 commit or permit waste thereof; not to commit, suffer or permit any act upon said 'property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Truster. 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 doe,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 Truster 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 d mand upon Truster and without releasing Truster 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 bylaw in effect at the date hereof,and to pay for any statement provided for bylaw 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 monies 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; 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 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, Truster 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 Truster the right, prior to any default by Truster 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 forthe 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. (6) That upon default by Truster in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record.Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sale having been given as then required by law,Trustee,without demand on Truster,shall sell said property atthe 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 (continued on reverse side) �'� 115811�9 13,411 Page 3 or 4 announcement at such time and place of sale, and from time to time thereafter may postponeluch 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, their 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. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY,TRUSTEE: 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 mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which it secures Both ruust be delivered to the Tnistee for l! t o before n eywill be made. 1� W N GPI V f U U F— 0 a S, w LL W �. c U) 3 s o W Lu 'y 1158(1/94) Page 4 of 4 ALL-PURPOSE ACKNOWLEDGMENT �•�.•a•a•a•a•�.•a•a•a•a•��•a•a•.�•a•a•a•� State of California l ' CountyofQy� l�('l�%2(�/�(�L%/1G I SS. /� ' I On l� ��3UUa before me, ��Q-wf1 • (DATE) (NOTARY) • personally appeared ) ��n/1/r7 re ror ' SIGNER(S) Ipersonally known to me - OR- ❑ proved to me on the basis of satisfactory ' evidence to be the person(s) whose name(s) • is/are subscribed to the within instrument and I 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), ' • r; ' ,.. DAWN SNE- - or the entity upon behalf of which the 1l:M' k'++' Comm,k 1109758 person(s) acted, executed the instrument. ' ) tw NOTARY PUBLIC o County Yl f • • San Bernardino County IAy Comm. Expires Aug.25,2000 (mow ° WITNESS my hand and official seal I`• NOTARY'S SIGNATURE • OPTIONAL INFORMATION ! The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' TACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENTINDIVIDUAL ' ,u❑�, CORPORATE OFFICER �+ %7/ C'✓ 7 C� C�e00 i2� ' TITLE(S) TITLE OR TYPE OF DOCUMENT f ❑ PARTNER(S) 1 ' • ❑ A"PfORNEY-IN-FACT 7 • ' ❑ TRUSTEE(S) NUMBER OF PAGES' ' • ❑ GUARDIAN/CONSERVATOR • ' ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: ' NAME OF PERSON(S)OR ENTITY(IES) f OTHER �•a•�►•a•a•e•a•a•�.•a•a•a•a•�►•a•�11•a• • APA 1194 VALLEY-SIERRA, 800-362-3369 po y 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 199_, between Strebe Consolidated Trust("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: 1. Obligations 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 Improvement Agreement executed concurrently herewith ("Subdivision Improvement Agreement"). 2. Remedies. Trustor hereby agrees that the City's right to enforce any breach of Truslor'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 litnited 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 of competent jurisdiction by ex pane application and without notice, notice of hearing being hereby expressly waived. The expenses, including receiver's Ices, 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 lees. Should it be necessary Ibr any party to commence an action al law or in equity against the other to enforce the terms of any provision of (his Deed of "Trust, the prevailing party shall have a right to judgement against the losing party for reasonable attornev's fees and costs as set by the court. In the event of noujudicial 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. I Strebe Consolidated Trust By: . Frank Ferre Its: Trustee °Trustor" (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) 2 Exhibit "A" 1 3* 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 11 through 16 and Lot 20 of Tract Map No. 28610.