Loading...
HomeMy WebLinkAbout1/15/2003 - STAFF REPORTS (9) DATE: January 15, 2003 TO: City Council FROM: Director of Public Works/City Engineer FINAL MAP NO. 28610 RECOMMENDATION: It is recommended that the City Council take the following actions: (1) Approve a new Subdivision Improvement Agreement with Coachella Valley Developers, LLC; and (2) Accept replacement security to secure obligations required by the new Subdivision Improvement Agreement; and (3) Cancel a Subdivision Improvement Agreement with Strebe Consolidated Trust, Agreement No. 4196; and (4) Authorize reconveyance of a Deed of Trust used to secure obligations required by Agreement No. 4196. SUMMARY: Final Map No. 28610 was originally developed by Strebe Consolidated Trust, which has subsequently agreed to sell the development to a new developer, Coachella Valley Developers, LLC. In order to accommodate the transfer of ownership and corresponding subdivision improvement requirements, it is necessary to enter into a new agreement and accept replacement securities. BACKGROUND: On January 19, 2000, the City Council approved Final Map No. 28610, and approved a Subdivision Improvement Agreement (Agreement No. 4196) between the City of Palm Springs and Strebe Consolidated Trust,to secure the obligations required by development of the Final Map. The terms of Agreement No. 4196 authorized the use of a Deed of Trust to secure the obligations of the Agreement. The original developer has completed most of the required subdivision improvements, however, a portion of the on-site street improvements have not been completed, and tract monumentation has not been set. The original developer has entered into escrow on the purchase of the property with a new developer, Coachella Valley Developers, LLC, to complete the remaining subdivision improvements and construct the related houses. Upon close of escrow, the original developer intends to relieve itself of its obligations imposed by Agreement No.4196, and to pass those obligations to the new developer. In order to accomplish this transfer of subdivision obligations, it is necessary to enter into a new agreement, accept replacement securities in conformance with the new agreement, cancel the original agreement, and release the original subdivision agreement security. As the process is occurring through an escrow agreementto purchase property,the transfer of subdivision securities has been associated with the escrow instructions. The new developer has agreed to purchase the property upon the City's reconveyance of its Deed of Trust, used as security by the original developer,with submittal to the City of replacement 4a� Final Map No. 28610 January 15,2003 Page 2 security by the new developer. Upon close of escrow, new original instruments of credit will be delivered to the City, and the Deed of Trust used as original security will be reconveyed and released to the new developer. These actions are being brought before the City Council for its consideration in order to accommodate the transfer of the legal obligations from one developer to another, and the replacement of associated subdivision securities. The Council's approval of these actions will facilitate the successful completion of the development of this project by the new developer. f SUBMITTED: A�Mvl DAVID J. BARAKIAN Director of Public Works, City Engineer AP PROVE D:—,�7-- „ =, DAVID H. READY City Manager ATTACHMENTS: 1. Resolution 2. Subdivision Agreement and Securities CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT,made and entered into this day of 20 ,by and between Coachella Valley Developers, LLC, a California Limited Liability Company, hereinafter collectively referred to as"Subdivider"and the City of Palm Springs,a municipal corporation of the State of California, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Subdivider is the future owner of property previously subdivided by Strebe Consolidated Trust, hereinafter"Original Subdivider", approved by the City of Palm Springs, on January 19, 2000, as Final Map No. 28610, and thereafter recorded in Map Book 289, Pages 37 through 40, in the City of Palm Springs, County of Riverside, State of California(the "Map"); and WHEREAS,the Map contains conditions of approval for the development of the property (the "Conditions")that have yet to be completely satisfied; and WHEREAS, the Original Subdivider, as a condition precedent to the acceptance of the dedication of streets and easements shown on the Map, entered into a Subdivision Improvement Agreement, Agreement No. 4196 (the "Agreement"), with the City to construct certain improvements associated with the Map,recorded as Document No. 87998 on March 9, 2000; and WHEREAS, the Original Subdivider, pursuant to the Agreement, secured the cost to construct certain improvements associated with the Map in the form of a Deed of Trust(the"Deed of Trust"), encumbering Lots 11 through 16, and Lot 20, of the Map, recorded as Document No. 87999 on March 9, 2000; and WHEREAS,the Subdivider is currently in escrow to purchase the property from the Original Subdivider, contingent upon the City's reconveyance of the Deed of Trust; and WHEREAS,the Subdivider has agreed to replace the security provided by the Deed of Trust submitted by the Original Subdivider related to the Map, in conformance with the terms of this Subdivision Improvement Agreement; and WHEREAS,the total cost of the remaining improvements to be accepted has been estimated by the City Engineer to be approximately 22 776.90. NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows; 1. Subdivider, at his sole cost and expense, shall complete the construction and installation of the street,drainage,domestic water,sanitary sewer and other improvements required to be constructed or agreed to be constructed as stipulated in the Agreement. 2. Subdivider shall furnish to City the bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to the City in its sole and absolute discretion, to secure the performance by Subdivider of the remaining obligations of the Original Subdivider, as follows: (a) A Security Instrument securing Subdivider's faithful performance of all of the remaining Works of Improvement("Faithful Performance Security Instrument"),in the amount of$22,776.90. (b) A Security Instrument guaranteeing the payment to contractors,subcontractors,and other persons furnishing labor,materials,and/or equipment("Labor and Materials Security Instrument") with respect to the remaining Works of Improvement in an amount equal to $11,388.45. (c) A Security Instrument guaranteeing the payment of the cost of setting monuments as required hereunder in the amount of$3,175.00. (d)A Security Instrument warranting all of the original Works of Improvement accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), with the amount of such Security Instrument to be equal to $62,644.00. The City Clerk shall accept certified copies of approved Security Instruments,with original Security Instruments to be delivered by the Subdivider's Title Company, upon close of escrow, as required hereinabove, and the City shall deliver a Request for Full Reconveyance to the Subdivider's Title Company for reconveyance of the Deed of Trust upon close of escrow,and payment by Subdivider of any fees and costs necessary to reconvey the Deed of Trust. 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. 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. 5. 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. 6. 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 (D/I 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. 7. Subdivider shall commence completion of the construction of the remaining Works of Improvement within two years from the date of this Agreement,unless otherwise extended by the City Engineer. 8. 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. . 9. 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. 10. 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 ofthe day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By By Patricia A. Sanders, City Clerk David Ready, City Manager APPROVED AS TO FORM: By City Attorney SUBDIVIDER: Coachella Valley Developers, LLC a California Limited Liability Company By Wes Oliphant, Managing Member Address: 77-900 Avenue of the States Palm Desert, CA 92211 INSTRUMENT OF CREDIT (Faithful Performance) The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Twenty-Two Thousand Seven Hundred Seventy-Six and 90/100 Dollars ($22,776.90) and on deposit by Coachella Valley Developers LLC, hereinafter referred to as Improver, for the purpose of securing Improver's performance of all the terms and conditions of that certain Agreement for Completion of Improvement Work dated by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the completion of the improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's performance of the terms and conditions of said Agreement, signed by the City Engineer of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the City Engineer of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument(s) of Credit bearing the same date guaranteeing payment of labor and materials, setting of map monumentation, and/or one-year maintenance and warranty security, all as required under said Improvement Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Date at California, this _day of , 20_. (All Signatures Shall Be Notarized) By Page 1 of 2 Instrument of Credit (Faithful Performance) The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at California, this _ day of , 20_. By: (All Signatures Shall Be Notarized) Principal By: Principal rincipal City Engineer City of Palm Springs Approved as to form: City Attorney City of Palm Springs Page 2 of 2 INSTRUMENT OF CREDIT (Labor and Material) The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Eleven Thousand Three Hundred Eighty-Eight and 45/100 Dollars ($11.388.45) and on deposit by Coachella Valley Developers LLC, hereinafter referred to as Improver, for the purpose of securing payment to the engineer, contractor, his sub- contractors and to persons renting equipment or furnishing labor or materials to them for the improvement provided for that certain Agreement for Completion of Improvement Work dated , by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for payment to the engineer, contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them in construction of the improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's payment of payment as above set forth, signed by the City Engineer, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the City Engineer of said City to the effect that all said payments have been made and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument(s) of Credit bearing the same date guaranteeing faithful performance, payment of setting of map monumentation, and/or one-year maintenance and warranty security, all as required under said Improvement Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Date at California, this _day of , 20_ (Notarize All Signatures) By Page 1 of 2 Instrument of Credit (Labor and Material) The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at California, this _day of , 20_. (Subdivider) By: Principal (Notarized All Signatures) By: Principal Approved: City Engineer City of Palm Springs Approved as to form: City Attorney City of Palm Springs Page 2 of 2 f0� INSTRUMENT OF CREDIT (Map Monumentation) The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Three Thousand One Hundred Seventy-Five Dollars ($3 175.00) and on deposit by Coachella Valley Developers. LLC, hereinafter referred to as Improver, for the purpose of securing payment of engineer or surveyor for setting survey monuments in accordance,with the terms and conditions of that certain Agreement for Completion of Monumentation Work dated , by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the completion of the setting of map monumentation as set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's performance of the terms and conditions of said Agreement, signed by the City Engineer of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the City Engineer of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument(s) of Credit bearing the same date guaranteeing performance, payment of labor and materials, and/or one-year maintenance and warranty security, all as required under said Improvement Agreement by Improver. . By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Date at California, this _day of , 20_. By Page 1 of 2 Instrument of Credit (Survey Monument Security) The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at California, this _ day of 20_. Approved: City Engineer City of Palm Springs Approved as to form: City Attorney City of Palm Springs Page 2 of 2 INSTRUMENT OF CREDIT (One-Year Maintenance and Warranty) The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Sixty Two Thousand Six Hundred Forty-Four Dollars ($62.644.00) and on deposit by Coachella Valley Developers, LLC, hereinafter referred to as Improver, for the purpose of securing payment for the maintenance of all improvements in accordance with the terms and conditions of that certain Agreement for Completion of Improvement Work dated by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the maintenance of said improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's maintenance of improvements in accordance with the terms and conditions of said Agreement, signed by the City Engineer of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the City Engineer of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument(s) of Credit bearing the same date guaranteeing faithful performance, payment of labor and materials, and/or setting of map monumentation, all as required under said Improvement Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Date at California, this _day of , 20_. (Notarize Signatures) By Page 1 of 2 4 ,912 Instrument of Credit (Maintenance of Improvement Security) The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at California, this _ day of 20_. By: Principal By: Principal Approved: City Engineer City of Palm Springs Approved as to form: City Attorney City of Palm Springs Page 2 of 2 AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I,the undersigned,say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E Tahquitz Canyon Drive, Palm Springs, California;that on the 14th day of January, 2004, 1 served the within NOTICE OF PUBLIC HEARING for PLANNING COMMISSION CASE NO. TTM 28610 to consider an application by Matzner and Oliphant, a California General Partnership, for relief from condition of approval #254, requiring the underground relocation of above-ground utility lines that are less than 35 KV, inclusive of the power line running north-south through the eastern portion of Lot#20 and those lines on or adjacent to the project. The project in question is on the north side of Tachevah Drive between Avenida Caballeros and Sunrise Way, Zone R1C, Section 11. This Notice was served on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received dated January 6, 2004, and certified by the City's Planning Technician, and attached hereto as Exhibit"A". I hereby declare under penalty of perjury that the foregoing is true and correct. Lor6tWD. Moffett Dated at Palm Springs, California, this21st day of January 2004. NOTICE OF PUBLIC HEARING PLANNING COMMISSION Tentative Tract Map 28610 An application by Matzner and Oliphant, a California General Partnership, for relief from condition of approval #24, requiring the underground relocation of above ground utility lines that are less than 35 KV, inclusive of the powerline running north south through the eastern portion of Lot #20, and those lines on or adjacent to this project, located on the north side of Tachevah Drive, between Avenida Caballeros and Sunrise Way, R-1-C zone, Section 11. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of January 28, 2004. The Planning Commission meeting begins at 1:30 p.m., (public hearings begin at 2:00 p.m.), in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an application by Matzner and Oliphant, a California General Partnership,for relief from condition of approval#24, requiring the underground relocation of above ground utility lines that are less than 35 KV, inclusive of the powerline running north south through the eastern portion of Lot#20, and those lines on or adjacent to the project. The property in question is located on the north side of Tachevah Drive, between Avenida Caballeros and Sunrise Way, R-1-C zone, Section 11. A Mitigated Negative Declaration was prepared for this project and was approved by the City Council at its meeting of September 2, 1998. The proposed application, site plan, and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Zoning Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Commission meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400)feet of the subject property.An opportunitywill be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Zoning, (760) 323-8245. Gf�r Douglas R. vans Director of Planning and Zoning f VICINITY MAP � . W E s Vl5TA GYIINO O � � w PA5r0 v a NlKi100P Q u TAGYIEVArt Why v 7-ANAK15K Q KOAD 2 uzi j u'a ALfJO ,YOAD PFOXcr LOGriTION CITY OF PALM SPRINGS CASE NO.: Tentative Tract Map 28610 DESCRIPTION:for relief from condition of approval #24, requiring the underground APPLICANT: Matzner and Oliphant, a California relocation of above ground utility lines that are General Partnership less than 35 KV, inclusive of the powerline running north south through the eastern portion of Lot#20, and those lines on or adjacent to this project, located on the north side of Tachevah Drive, between Avenida Caballeros and Sunrise Way, R-1-C zone, Section 11. Public Hearing Notices Notification Information for Planning Commission Hearing on January 28, 2004 Case No. TTM 28610 Applicant Name: Matzner & Oliphant Address 77-900 Avenue of the States Palm Desert, CA 92211 Project Location & Tentative Tract Map for relief from condition of approval #24, Description requiring the underground relocation of above-ground utility lines that are less than 35KV, inclusive of the power line running north/south through the eastern portion of Lot #20, and those lines on or adjacent to this project located on the north side of Tachevah Drive, between Avenida Caballeros and Sunrise Way, Zone R1 C, Section 11. Assigned Planner: Alex Meyerhoff, Principal Planner Labels Prepared by: Yoav Shernock, Planning Technician Certification to City Clerk Date: January 23, 2004 Property Owners / Groups / Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors January 14, 2004 1 Property Owners: Land Owner (master lessor) January 14, 2004 182 Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners N/A Neighborhood Coalition January 14, 2004 9 Homeowners Association N/A ONIPP N/A Agua Caliente Band of January 14, 2004 1 Cahuilla Indians Rep City Rep for Verification January 14, 2004 1 Public Agencies - IS or EA N/A Other Interested Parties N/A TOTAL NUMBER MAILED: 194 o, t� y sue* c City of Palm Springs �'`°^•• ''�' Department of Planning & Zoning �� FORN MEMORANDUM Date: January 15, 2004 From: Yoav Shernock Planning Technician Subject: Mailing Labels for Notice of Public Hearing Planning Commission Case No.TTM 28610 Matzner& Oliphant General Partnership This is to certify that the attached labels were created on January 4, 2004 using the most current information available. To the best of my knowledge, the labels are complete and accurate. / d Yoav Shernock, Planning Technician January 14, 2004 :Idm Case No. TTM 28610 - Matmer & Oliphant General Partnership - Labels 1-4-04 Page 1 of 8 501 123 008 507 123 009 507 123 010 Ross Frisbie&Donald&V Park John Crickett William Markley 1114 N Cable Marcus 1915 1/4 Apex Ave 1134 N Cable Marcus Palm Springs,CA 92262 Los Angeles, CA 90039 Palm Springs, CA 92262 507 123 015 507 124 003 507 124 004 Leonard Wolf Jr. &Lucile Kearse Petersen Katherine E&Petersen Raymond Drummond&Carole Drum 1109 N Sunrise Way 4639 W Rosecrans Ave 1153 N Calle Marcus Palm Springs,CA 92262 Hawthorne, CA 90250 Palm Springs, CA 92262 507 124 005 507 124 006 507 124 007 Marta Nichols Dennis Castle Paul Pressman&Bruce Wishnefsky 145 Divisadero St 1127 N Calle Marcus 1111 N Cable Marcus San Francisco, CA 94117 Palm Springs, CA 92262 Palm Springs, CA 92262 507 124 008 507 124 009 507 124 010 Moses Abraham Cohen Jane Lawrence Ralph&Beverly Watt 213 Country PI#150 1128 N Calle Rolph 1134 N Calle Rolph Sacramento,CA 95931 Palm Springs,CA 92262 Palm Springs, CA 92262 507124011 507 1 4 012 507 124 013 Scott&Angela Ruth Davis James een Gilmer John&Cynthia Hatsios 1150 N Calle Rolph 1127 N e Rolph 1180 N Calle Rolph Palm Springs, CA 92262 Palm no s, CA 92262 Palm Springs, CA 92262 507 124 014 507 125 001 507 125 002 Martin Cavalluzzi Aalsa Lee&A W Genlot Ranaldo Loya&Mary Fernandez 1515 E Pasco El Mirador 1193 N Cable Rolph 1179 N Calle Rolph Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 125 003 507 125 004 507 125 005 Judith Galloway Nicholas Dillon Geoff&Maureen Gilbert 1163 N Cable Rolph 1149 N Cabe Rolph 1133 N Calle Rolph Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 125 006 507 125 007 507 131006 James&Maureen Gilmer Frank&Anna Calvamso Kleppe Robert M&Kleppe 1127 N Calle Rolph 1111 N Calle Rolph 19610 Jeffrey Cir Palm Springs,CA 92262 Palm Springs, CA 92262 Cerritos, CA 90703 507 131007 507 131 008 507 131009 Mark Twain&Carol Ann Hannah Anthony Gonzalez&Douglas Cable Russell Wink 1250 Linda Vista Rd 1200 Linda Vista Rd 1180 Linda Vista Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 131010 507131011 507 131012 Thomas Shirley&Helen Shirley Yvonne Doyle Joseph&Barbara Tustees Hutchins 1164 Linda Vista Rd 1142 Linda Vista Rd 1120 Linda Vista Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 ti� Case No. TTM 28610 - Matzner& Oliphant General Partnership - Labels 1-4-04 Page' of 8 507 132 001 507 132 002 507 132 004 Frank&Dolores Holberg Hardenburg David Jesse Danner 1101 NW 59th St 405 Anita St PO Box 76 Seattle,WA 98107 Redondo Beach, CA 90278 Palm Springs, CA 92263 507 132 005 507 132 006 507 132 007 Nielson Lindsay F&Jo Ann&Nielso Philip Cohen&Bruce Summers Patricia Basich PO Box 7540 1241 Linda Vista Rd 1253 Linda Vista Rd Ventura, CA 93006 Palm Springs, CA 92262 Palm Springs, CA 92262 507 132 008 507 132 009 507 132 010 William Mcglamary Gregory&Leila Niemann William Whaling 44100 Monterey Ave PO Box 9198 1289 E Pasco El Mirador Palm Desert, CA 92260 Palm Springs, CA 92263 Palm Springs, CA 92262 507 132 011 507 132 012 507 132 013 Barbara Emerson&Betty Novak Paul Zapata Kathleen Ewers 1270 Pasatiempo Rd 29521 Palo Dr 3525 Jasmine Ave#15 Palm Springs, CA 92262 Laguna Niguel,CA 92677 Los Angeles, CA 90034 507 132 014 507 132 015 507 132 016 Craig Blanchard&David Quermback John Murphy&Adele Murphy Michael Mcdermott PO Box 4534 1200 Pasatiempo Rd 21711 Wesley Dr#A Palm Springs, CA 92263 Palm Springs, CA 92262 Laguna Beach, CA 92651 507 132 017 507 132 018 507 132 019 Thomas Gertmenian Mary Alchian Judy Blanchard 310 S San Rafael Ave 2223 S Araby Dr 1154 Pasatiempo Rd Pasadena, CA 91105 Palm Springs, CA 92264 Palm Springs, CA 92262 507 132 020 1507 133 002 507 133 003 Ronald Minch&Michael Kalinowski Dennis Granger&Pauline Granger Lavona Shea 1100 Pasatiempo Rd 1097 Pasatiempo Rd 1115 Pasatiempo Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 133 004 507 133 005 507 133 006 Lowell&Marsha Wheeler Albert Keith Brock&Peggy Brock John Mahoney 1121 Pasatiempo Rd 1133 Pasatiempo Rd 1139 Pasatiempo Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 133 007 507 133 008 507 133 009 Sandra Conyne Sally Hunter&Richard Hunter Marguerite Bane 1145 Pasatiempo Rd 952 N Camino Condor 1171 Pasatiempo Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 133 010 507 133 011 507 133 012 Richard Leduc Earl Pacitti&Margaret Pacitti David Grace&Dawna Grace 1185 Pasatiempo Rd 1211 Pasatiempo Rd 1225 Pasatiempo Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 *y,71 Caie No. TTM 28610 - Metzner & Oliphant General Partnership - Labels 1-4-04 Page 3 of 8 507 133 013 507 133 014 507 133 015 William Kallmyer&Lawrence Monhei Pamela Riley Daniel Benson 1237 Pasatiempo Rd 1125 Lindero Canyon Rd#A 3451 13th Ave W Palm Springs, CA 92262 Westlake Village, CA 91362 Seattle,WA 98119 507 133 016 507 133 017 507 133 018 Robert&Michele Macdonald John&Carmel Matteson Bradley Mccartt&Mark Dubas 1259 Pasatiempo Rd 8130 Calabar Ave 2800 Neilson Way#1305 Palm Springs, CA 92262 Playa Del Rey, CA 90293 Santa Monica, CA 90405 507 133 019 5071330 0 0 507 133 027 Richard Kirkham&Patricia Kirkham City Of P Sp ' gs Coach ljVaXI)evelopers Ll 1291 E Paseo El Mirador POBox274 77900 A Of The States Palm Springs, CA 92262 Palm Sp " s, CA 92263 PalmD CA 92211 507 133 028 507 133 0kal 507 133 030 Coachella Valley Developers Ll CoachellDevelopers Ll Coachell Vall evelopers Ll 77900 Avenue Of The States 77900 Av The States 77900 Ave Of The States Palm Desert,CA 92211 Palm Des92211 Palm Des 92211 507 133 03 507 133 a 507 133 033 Coachella alley Developers Ll Coachella V evelopers Ll Coachella Vall Developers L1 77900 Ave a Of The States 77900 Aven The States 77900 Ave Of The States Palm DeseA 92211 Palm De CA 92211 Palm D rt, A 92211 507133 4 107 133 0 507 133 036 Coachella Hey evelopers Ll Coachella le evelopers Ll Coache Val Developers Ll 77900 Aven The States 77900 Aven Of The States 77900 Ave e Of The States Palm Des C 92211 Palm De 92211 Palm D rt, A 92211 C5 133 0 7 507 133 038 507 133 039 CoachellXle velopers LI Coachella Valle Developers Ll Coachell V Developers L1 e States 77900 ue O The States 77900 Ave e Of The States 211 Palm Dese CA 92211 Palm D ert, A 92211 507 133 040 507 133 041 507 133 042 Coachella le evelopers Ll Coach la V ley Developers Ll Coac a Vat" Developers L1 77900 Ave Of The States 77900 A ue Of The States 77900 A e Of The States Palm ert, A 92211 Palm De rt, 92211 Palm Wert, CA 92211 507 133 43 507 133 044 507 133 045 Coachella Ual Developers Ll Coache V y Developers Ll Coach a V y Developers Ll 77900 Av e Of The States 7790 )A e Of The States 77900 A ue Of The States Palm D ert A 92211 Palm esoM A 92211 Palm se , CA 92211 507 133 046 507 133 047 507 133 048 Paul t Tracy Conrad Paul t racy Conrad Cot PO Box 33 PO Box 3 0 PO Boxka", 0 Palm Slum , A 92263 Palm S ring , CA 92263 Palm prings,CA 92263 Case No. TTM 28610 - Matzner & Oliphant General Partnership - Labels 1-4-04 Pagel of 8 507 133 049 507 133 050 507 141005 Paul ZIracy Conrad Coachella ey elopers LI Joseph Kretschman POB 77900 Avenu The States 1083 E Paseo El Mirador Palm 92263 Palm Dese 92211 Palm Springs,CA 92262 507 141 011 507 141012 507 141 013 Elwyn Bevan&Marjorie Bevan James Burrows Justine Miller 1060 E Marshall Way 1080 E Marshall Way 8849 Ashcroft Ave Palm Springs, CA 92262 Palm Springs, CA 92262 West Hollywood, CA 90048 507 141014 507 141015 507 141016 Joseph Magnano Francis Hendren&Florence Hendron Mark&Kristine Davis 1090 E Marshall Way 1095 E Olive Way 580 S Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92264 507 141 017 507 141 018 507 141019 John&Edna Hollinger Donald Parmelee&Doris Parmelee Peter Quick 1089 E Olive Way 1075 E Olive Way 1061 E Olive Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 141020 507 141023 507 141024 Clarissa Filgioun Elena Ingal Terry Adams&Roxanna Auer 1055 E Olive Way 1030 E Tachevah Dr 1042 E Tachevah Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 141025 507 141026 507 141 027 Susan Arnett Erik Palmer&Kimberley Yang William Cardwell 1066 E Tachevah Dr 1100 N Palm Canyon Dr 4109 12 Aries Ct Palm Springs, CA 92262 Palm Springs, CA 92262 Newport Beach, CA 92663 507 141028 507 141029 507 142 003 Terry Ray&Helen Ray Hanna Sanders Robert&Madelyn Lake PO Box 1064 1087 E Pasco El Mirador 140 N Luring Dr Palm Springs, CA 92263 Palm Springs, CA 92262 Palm Springs,CA 92262 507 142 004 507 142 005 507 142 006 John Mecarron&Patricia Mccarron John Pullin Edward&May Candler 1069 E Marshall Way 1085 E Marshall Way PO Box 2879 Palm Springs, CA 92262 Palm Springs, CA 92262 Truckee, CA 96160 507 142 007 507 142 008 507 142 009 Stanley Youngerman&Esther Younge John Guagenti Kurt Soltau&Carmel Soltau 1068 E Olive Way 3112 Swan PI 1040 E Olive Way Palm Springs, CA 92262 Los Angeles, CA 90026 Palm Springs, CA 92262 507 221002 507 221 003 507 221 004 Clinton Scovel&Rose Scovel Esther Schwartz Douglas Stevens&Tamara Stevens 1033 E Tachevah Dr PO Box 9412 1067 E Tachevah Dr Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262 v Case No. TTM 28610 Matzner & Oliphant General Partnership - Labels 1-4-04 Page Sof 8 507 221 005 507 221 006 507 221 007 Rioz Gum Charles Perry&Michael Gabel Katia Glancz 1099 E Tachevah Dr 1085 N Arquilla Rd 1080 E Buena Vista Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 221 008 507 222 001 507 222 002 Timothy Williams Katherine Kemble&Lee Ann Phillips Canyon Financial Me 1062 E Buena Vista Dr 732 Masonic Ave 100 S Sunrise Way#173 Palm Springs, CA 92262 Albany, CA 94706 Palm Springs, CA 92262 507 222 003 507 222 004 507 222 005 M K Maloney Nino Fontana M T Morgan 1013 N Spaulding Ave 1165 E Tachevah Dr PO Box 3661 West Hollywood, CA 90046 Palm Springs, CA 92262 Bellevue,WA 98009 507 222 006 507 222 008 507 222 009 Dorothy Karesh&Kelly Tyre Marvin&Susan Ward James&Karen Landells 1190 E Buena Vista Dr 1144 E Buena Vista Dr 1150 E Palm Canyon Dr#53 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92264 507 222 010 507 223 003 507 223 004 Dicosola Fred M Donald Warburton&Arlene Warburto Clarissa Ryterband 5771 S Pearl St 1057 E Buena Vista Dr 1073 E Buena Vista Dr Las Vegas,NV 89120 Palm Springs, CA 92262 Palm Springs, CA 92262 507 223 005 507 223 006 507 223 007 Russell&Charlotte Lesser Wai Lew&George Lew Michael Mcqueeny&Ralph Fisher 4040 Highland Ave 1025 N Arquilla Rd 369 N Robertson Blvd Manhattan Beach, CA 90266 Palm Springs, CA 92262 Los Angeles, CA 90048 507 223 009 507 224 002 507 224 003 Porter Lewis L Martin Massiello&Jeffery Weyant Donald Parker&Alma Parker 750 N Pasco De Anza 928 W Concord PI PO Box 1467 Palm Springs, CA 92262 Chicago,IL 60614 Big Bear Lake, CA 92315 507 224 004 507 224 005 507 224 006 Bruce Shaw&Wendy Shaw Fernando&Elizabeth Cervantes Genevieve Broer 1165 E Buena Vista Dr 1384 Bathurst St 1188 E San Jacinto Way Palm Springs, CA 92262 TORONTO ON Palm Springs, CA 92262 CANADA 507 224 007 507 224 008 507 224 009 Kevin&Raquel Towers Benjamin Miller Brian Lavery 4445 Teralta PI 1152 E San Jacinto Way#1154 1144 E San Jacinto Way San Diego,CA 92103 Palm Springs, CA 92262 Palm Springs, CA 92262 507 224 010 507 224 011 507 224 012 Karen Moran Seymour&Judith Brooks Kathie Calloway&Vicki Mdadden 21 N Ridgewood Rd 1120 E San Jacinto Way 270 Euclid Ave Kentfield, CA 94904 Palm Springs, CA 92262 Long Beach, CA 90803 Case No. TTM 28610 Matzner& Oliphant General Partnership - Labels 1-4-04 Page of of 8 507 224 013 507 224 014 507 241 001 Chrisanne Brown Roberta Hales Phyllis Lyman 1040 N Arquilla Rd PO Box 515 1213 E Tachevah Dr Palm Springs,CA 92262 Palm Springs, CA, 92263 Palm Springs,CA 92262 507 241 002 507 241004 507 241 005 Lannon Michael Yoder Julia L W&Yoder Julia L Li Lois Field 1263 E Tachevah Dr 1283 E Tachevah Dr 1321 E Tachevah Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 241006 507 241008 507 241 009 Sharon Walters Daniel Eckstrom&Caroline Eckstrom Cindy Suter 1339 E Tachevah Dr 1395 E Tachevah Dr 1386 E Buena Vista Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs,CA 92262 507 241010 507241011 507 241 012 Sindee Smolowitz&Margaret Eaton Richard Samuels&Anne Samuels Valerie Loew 1340 La Mirada St 1338 E Buena Vista Dr 1318 E Buena Vista Dr Laguna Beach, CA 92651 Palm Springs, CA 92262 Palm Springs, CA 92262 507 241 013 507 241 014 507 241015 Allen Smoot&Pamela Smoot Walter Futterman&Laurel Futterman Bernard&Rebeca Appelbaum 1288 E Buena Vista Dr 1248 E Buena Vista Dr 18056 Coastline Dr Palm Springs, CA 92262 Palm Springs,CA 92262 Malibu, CA 90265 507 241016 507 241017 507 241018 Beeard Bodley&Howard Burton John Johnson&Mary Johnson Sauls Jean L 1210 E Buena Vista Dr 300 S Beach Blvd 1265 E Tachevah Dr Palm Springs, CA 92262 La Habra, CA 90631 Palm Springs, CA 92262 507 242 001 507 242 002 507 242 005 Mike Finley Philip Vannies&Zachary Weingart Vivien&Poles Staci Simecek 1405 E Tachevah Dr 61 Prince Royal Dr 1260 E San Jacinto Way Palm Springs, CA 92262 Corte Madera, CA 94925 Palm Springs, CA 92262 507 242 007 507 242 008 507 242 009 John Einck Patricia Yunker Edith Mcdaniel&James Macfi Mcdani 1703 Madrona Dr 1460 E Buena Vista Dr 1400 E Buena Vista Dr Seattle,WA 98122 Palm Springs, CA 92262 Palm Springs, CA 92262 507 242 011 507 242 012 507 242 013 C D Smith Charles Rojo James Callahan 1611 E Tachevah Dr 1580 E Buena Vista Dr 1630 E Buena Vista Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 242 014 507 242 015 507 242 016 Angel&Florins Monponbanua Folk Josephine O&Folk Lloyd Duncan&Duncan Cynthi Giblin 1545 E Tachevah Dr 1587 E Tachevah Dr PO Box 400 Palm Springs, CA 92262 Palm Springs, CA 92262 Downey, CA 90241 Case No. TTM 28610 - Matzner& Oliphant General Partnership - Labels 1-4-04 Page 7 of 8 507 243 001 507 243 002 507 243 003 Charles Hodges&Sandra Gayle Hodge John Johnson&Jerome Longoria Gary Oja 1203 E Buena Vista Dr 392 E Stevens Rd#H12 1255 E Buena Vista Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 243 004 507 243 005 507 243 006 Josef Pescetto&Thomas Mcmorris Raymond Morrow Alexander Jagiello 1505 W Victoria St 1305 E Buena Vista Dr 1337 E Buena Vista Dr Chicago, IL 60660 Palm Springs, CA 92262 Palm Springs, CA 92262 507 243 007 507 243 008 507 243 009 Valdes Diana G Thomas Pritchett&Peter Cardish Lisa Barreth 911 Hillcroft Rd 1385 E Buena Vista Dr 1389 E San Jacinto Way Glendale, CA 91207 Palm Springs, CA 92262 Palm Springs, CA 92262 507 243 012 507 243 013 507 243 014 Csilla Hirth-stamm Paul Gerek&Helen Gerek John Poles&Kathe Poles 1324 E San Jacinto Way 1288 E San Jacinto Way 1260 E San Jacinto Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 243 015 507 243 016 507 244 001 Security Pacific Natl Bank John Dobbins Gant Gaither Gladys Coleman 8020 Langdon Ave#206 1411 E Buena Vista Dr PO Box 8265 Van Nuys, CA 91406 Palm Springs, CA 92262 Wichita Falls,TX 76307 507 244 002 507 244 003 507 244'004 Raymond Foote David Elliott&Colleen Elliott Jacques&Pavlovich Sallee Liberman 1477 E Buena Vista Dr 1551 E Buena Vista Dr 1557 E Buena Vista Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 , 507 244 005 507244011 507 244 012 Murrel Crump&Carolyn Crump Arvon&Dolores Agren Robin&Campbell Bettie Rodriguez 1633 E Buena Vista Dr 610 N Dry Falls Rd 1520 E San Jacinto Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507244013 507244014 Paul Marut & Tracy Conrad Marie Robertson Phil Garcia&Betty Jane Garcia P . O . Box 3340 PO Box2254 1420 E San Jacinto Way Palm Springs , CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92262 507 132 003 507 221 009 Leroy Peterson, Trustee J. F. Sullivan 1989 Trust 26644 Padron Pt. 1022 E. Buena Vista Drive Lomita, CA 90717 Palm Springs, CA 92262 �'1 Case No. TTM 28610 - Matzner & Oliphant General Partnership - Labels 1-4-04 Page 8 of 8 Neighborhood Coalition List MR PETER DIXON MS TRISHA DAVIS As of December 1,2003 TENNIS CLUB AREA TENNIS CLUB AREA Case TTM 28610 -Matzner/Oliphant 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA January 28, 2004 P.C. Hearing PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BILL DAVIS AND MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS. CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB /SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANNE PLOSS MR PHIL TEDESCO DEEPWELL OLS LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS -0-J-J=D-D-J 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT VERIFICATION NOTICE-D=J=J ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSORS Oliphant&Matzner 77-900 Avenue of the States Palm Desert, CA 92211 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FACILITATING REPLACEMENT OF DEVELOPERS OF FINAL MAP NO. 28610 WHEREAS the City Council at its meeting of January 19, 2000, approved Final Map No. 28610,and entered into a Subdivision ImprovementAgreement(Agreement No.4196)with Strebe Consolidated Trust; and WHEREAS pursuant to Agreement No. 4196, a Deed of Trust was recorded to secure the cost to construct certain improvements associated with Final Map No. 28610; and WHEREAS Strebe Consolidated Trust has entered into escrow for purchase of Final Map No. 28610 with a new developer, Coachella Valley Developers, LLC; and WHEREAS it is necessary to transfer subdivision obligations from the original developer to the new developer, and accept replacement securities. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with Coachella Valley Developers, LLC; and 2. That the City Clerk is hereby authorized to accept replacement securities, as required by the Subdivision Improvement Agreement; and 3. That, subject to Items 1 and 2 above,Agreement No. 4196 is hereby cancelled; and 4. That, subject to Item 3 above, the City Manageris hereby authorized to execute a Request for Full Reconveyance of the Deed of Trust between the City and Strebe Consolidated Trust, to be recorded upon close of escrow of the purchase of Final Map No. 28610 by Coachella Valley Developers, LLC. ADOPTED this day of , 20 AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: