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HomeMy WebLinkAboutA8461 - FAR WEST INDUSTRIES I I CITY OF PALM SPRINGS i TEMPORARY STOCKPILE AGREEMENT This Agreement ("Agreement") is entered into as of the 4day ofF2W, Z02,0, by and among the City of Palm Springs, a California charter city and municipal corporation '(the "City") and Far West Industries, a California Corporation ("Developer"). The City and the Developer are sometimes referred to individually as a "Party" and collectively as the "Parties." This Agreement shall not become effective until the date ("Effective Date") that it has been fully signed by the Parties. This Agreement is made with respect to the following facts: RECITALS A. Developer is acquiring approximately 60,000 cubic yards of excess dirt ("Excess Dirt") from the Palm Canyon Wash. B. Developer is the owner of certain real property legally described as'being a portion of the south 1/2 of the northwest 1/4 of section 23, Township 4 south, range 4 east, S.B.M., which consists of three separate parcels of real property identified by Riverside County Assessor parcel numbers 508-171-005, 508-171-006, and 508-171-012, and is described more particularly in that certain deed recorded on October 29, 2018, as Document No. 20 1 8-6425 527, records of Riverside County, (the"Property"). C. Developer desires to place all Excess Dirt on the Property as a temporary stockpile with side slopes of I to 1 and a maximum height of(fifteen) 15 feet (the "Stockpile"), in a manner generally illustrated in the stockpile plan attached hereto as Exhibit "A" and incorporated herein by this reference ("Stockpile Plan"). D. The intent of this Stockpile Agreement is- to allow a,temporary storage of the Stockpile as suitable fill material for future use during grading and construction of an approved Residential Development Project occurring on the Property identified as Planned Development District 279 (Case No. 5.1378) and Tentative Tract Map 36914, (the "Development"). The Stockpile permitted hereby shall not be used for any other purpose. E. Developer proposes to maintain the Stockpile for a maximum period of 4 (four) months following the date, on which the Stockpile is complete, at which time Developer shall incorporate the Stockpile into the rough grading of the Property during construction of the Development, (the"Project"). F. City wishes to enter into this Agreement in order to ensure the maintenance of the Stockpile in City for the term of this Agreement and to require the Developer to return the Property to its original condition in the event Developer fails to proceed with grading of the Property for construction of the Development. In addition, City is concerned with the impacts a stockpile may have to adjoining properties. Therefore, City wants the Developer to address the following: • Safety measures, 1 55575,18120\32609093.1 i Dust control measures, • Delivery trucks to and from the site, • Erosion control measures • Aesthetic appearance of the stockpile, and • Long term impact to the city. I G. This Stockpile Agreement is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that `the activity in question may have a significant effect on'the environment, the activity is not subject to CEQA. Additionally, this Agreement is exempt under Section 15304 Minor Alterations to Land of the CEQA. H. On 23 2117ahe City approved this Stockpile Agreement subject to the terms and conditions listed below. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged,the Parties agree as follows: TERMS 1. Incorporation of Recitals. The Parties acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Agreement. 2. Fugitive Dust Control Plan (PM-10). Developer agrees to submit to City a Fugitive Dust Control Plan (PM-10), (the "Dust Control Plan"), and a Dust Control Bond. The Dust Control Plan shall be reviewed and approved by the City prior to commencing any importation of soil onto the Property. The Dust Control Plan shall describe all control measures to be used during the time the stockpile is maintained on the Property. The Dust Control Plan shall comply with the requirements of the City Engineer, and shall be submitted using the guidelines and applications available from the Engineering Services Department. Upon the approval of the Dust Control Plan by the City Engineer, the provisions thereof shall be deemed incorporated by reference into this Agreement, as obligations of Developer. The Dust Control Bond shall be in the amount of$2,000 per acre and shall be included in the Security that Developer shall submit to the City, which is described more particularly in Section 7 of this Agreement. The City shall retain the Dust Control Bond of$2,000 per acre until the completion of the Development. 3. Labor and Equipment. Developer agrees to provide and pay for all labor, materials, equipment, and other facilities and services necessary to load, haul, dump, and knack down the Excess Dirt at the Property, at its sole cost and expense. 2 55575.18120\32609093.1 4. Other Conditions. 4.1 Contact Person Sienaae. Developer shall be required to install, after obtaining approval from City, a sign that identifies a contact person to contact in the event that there are any complaints about the Stockpile permitted by this Agreement. 4.2 Deliveries. Vehicles used for delivery of stockpiling materials shall not be permitted to conduct any deliveries during p.m.peak hours (4:00 to 6:00 p.m. ). Such vehicles shall be directed to not unnecessarily use air pressure brakes ("Jake Breaks") within City boundaries. Furthermore, all delivery, loading and unloading activities associated with the Stockpile must be conducted in compliance with the City's Noise and Public Nuisance Regulations. 4.3 Fencing. The Developer shall, at the Developer's sole cost and expense, and to the City's specifications, in the City's sole and absolute discretion,purchase, install and maintain an eight foot (8') chain link fence with a tan windscreen around the entire perimeter of the Property until the expiration of the Term of this Agreement. 4.4 Decorative Wrao. The Developer shall, at the Developer's sole cost and expense, and to the City's specifications,in the City's sole and absolute discretion,purchase, install and maintain decorative wrap around all fencing located around the portion of the Property adjacent to South Palm Canyon Drive as described in Section 4.3 of this Agreement until the expiration of the Term of this Agreement. 5. Quality of Stockpile Fill Material. Developer agrees that the stockpile material shall consist of clean earth fill, free of construction debris, vegetation, and other deleterious material not suited for fills. 6 Default. In the event City Manager determines that Developer has not complied with the terms of this Agreement, the City Manager shall provide notice to Developer notifying Developer of the nature of such default, the nature of what must be done to cure such default and a reasonable time within which Developer shall cure, or commence and diligently pursue to completion the cure of, such default. In the event Developer fails to comply with such notice, Developer shall be deemed in breach of this Agreement. In the event Developer is in breach of this Agreement, the City may, in addition to any other remedy available to it at law or in equity, terminate this Agreement and cause the removal of the Stockpile. Without limiting the remedies available to it, City may pursue the security provided by Section 7 hereof. In the event the cost of such removal exceeds the amount of such security, Developer shall be personally liable for the costs of such removal to the City, and the City may impose a lien or special assessment on the Property for the costs of such removal. Developer recognizes that, upon the expiration or termination of this Agreement, the Stockpile permitted hereby shall constitute a public nuisance. To that end, Developer acknowledges that it shall thereafter have no property interest or property rights in the Stockpile and that City shall, without any further action, become the owner of the Stockpile and may do whatever is necessary to abate such a public nuisance. 3 55575.181202609093.1 7. Security. Prior to the importation of any material to the Property pursuant to this Agreement, Developer shall submit to the City security in the amount of $50 000 prior to any stockpiling, to ensure the performance of the obligations of Developer under this Agreement, including, but not limited to, the obligation of the Developer to remove the stockpiled material in the event of a termination or expiration of this Agreement. Within ten (10) days of receipt of written notice to the City that Grading has commenced, the City shall release the $50,000 security or any unused portion thereof to the Developer. 8. Other Regulations. Developer agrees that the stockpiling may be subject to other state and federal regulations such as the NPDES, and that this Agreement is not authorizing the Developer to stockpile in violation of other applicable regulations. Developer shall be solely responsible for complying with any and all such applicable regulations. 9. Term. The term ("Term") of this Temporary Stockpile Agreement shall commence on the Effective Date of this Agreement and, unless otherwise amended or terminated, shall terminate four(4) months after the date, on which the stockpiling is completed. Prior to termination of the Term, Developer shall, without further notice, commence with cough grading of the Property and construction of the Development in accordance with the City approved drawings and City issued permits for the Development. 10. Integration/Modifications. This Agreement contains the entire understanding of the Parties with respect to the matters set forth in this Agreement and supersedes any and all prior writings and oral discussions concerning the same. This Agreement may not be amended except by a writing signed and duly approved by the City and Developer. This Agreement is not intended to, and shall not, accrue to the benefit of any person or entity other than the City and Developer. 11. Counterpart Originals. This Agreement may be executed by the Parties in counterparts, all of which together shall constitute a single agreement. 12. Assignment. This Agreement and the rights and obligations of the Parties hereunder may not be transferred, conveyed or assigned without the express written consent of the other Party, which may be given, withheld or conditioned in the consenting Party's sole and absolute discretion. Notwithstanding the foregoing, the Developer shall have the right to assign its rights and interest in this Agreement in connection with the sale, conveyance or other transfer of that Developer's Property. Nothing in this Agreement shall be construed as preventing the Developer from transferring any ownership interest in the Property to a successor, however, this Agreement shall be binding on the successors and assigns of the Parties. The Developer shall attach a copy of this Agreement to any document(s) transferring any interest in the Property to any successor in interest. The Developer shall not be obligated to honor any purported assignment unless and until the Developer is provided written notice of such assignment executed by the transferor Developer and the transferee. 13. Attorneys' Fees. In the event that any Party to this Agreement commences any action or proceeding (including arbitration) against any other Party arising from or related to the interpretation or enforcement of this Agreement, then the prevailing Party in such action or proceeding, as determined by the judge or by the arbitrator (as applicable), shall be entitled to 4 55575.18120\32609093.1 recover from the non-prevailing Party(ies), in addition to all other remedies and relief to which the prevailing Party may be entitled, the prevailing Party's reasonable attorneys' fees and costs of suit, including fees and costs of experts. 14. Indemnification. To the fullest extent permitted by law, Developer shall defend (at Developer's sole cost and expense), indemnify,protect, and hold harmless City, its elected offioials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions; suits, claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Developer's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Developer, its officers, employees, representatives, and agents, that arise out of or relate to Developer's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Developer's indemnification obligation or other liability under this Agreement. Developer's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for.the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 15. Insurance Requirements. Developer shall procure and maintain, at their sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may.arise from the Developer's performance under this Agreement, including Developer's agents, representatives, or employees. Developer shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Workers' Compensation Insurance. Developer shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Developer agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Developer has no employees, Developer shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. B. Commercial General Liability Insurance. Developer shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial 5 55575.18120\32609093.1 general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage,products and completed operations. it it !! C. Business Automobile Insurance. Developer shall obtain and maintain, in full force and 6 fect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. D. Employer Liability Insurance. Developer shall.obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 15.1 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Developer guarantees payment of all deductibles and self- insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Developer's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 15.2. Other Insurance Requirements. The following provisions shall apply to the insurance policies.required of Developer under this Agreement: a) Developer shall name the City as an additional insured under each of the insurance policies listed in Section 15 of this Agreement. For any claims related to this Agreement, Developer's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Developer's insurance and shall not contribute with it. b) Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. c) All insurance coverage and limits provided by Developer and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of 6 55575.18120\32609093.1 such insurance coverage. d) No required insurance coverages may include any limiting endorsement it which substantially impairs the coverages set forth in this Agreement (e.g., ;i elimination of contractual liability or reduction of discovery period), unless ;i the endorsement has first been submitted to the City Manager and approved t in writing. e) Developer agrees to require its insurer to modify insurance endorsements to i delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Developer's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. f) Developer agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Developer, provide the same minimum insurance coverage required of Developer. Developer agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Developer agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. g) Developer acknowledges and agrees that any actual or alleged failure on the part of the City to inform Developer of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. h) Developer shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. i) Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 7 55575.18120\32609093.1 j) The requirements in this section supersede all other sections and provisions .i of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. it k) i, Developer agrees to provide immediate notice to City of any claim or loss against Developer arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the,insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 1) Developer agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Developer may be held responsible for the payment of damages resulting from the Developer's activities or the activities of any person or person for which the Developer is otherwise responsible. 15.3. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 15.4. Verification of Coverage. Developer shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Developer's insurers to provide complete, certified copies of all required insurance policies at any time. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract Na"or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). 8 55575.18120\32609093.1 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Developer's obligation to provide them. 16. Termination. This Agreement may not be terminated by Developer unless, and until, Developer has removed the Stockpile from the Property and returned the Property to its original condition. 17. Continuing Obligations, Liability. No termination of this Agreement shall release the Parties from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Agreement. 18. Authority to Enter into Agreement. City and the Developer warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrant that he or she has the legal power, right, and authority to make this Agreement and bind his or her respective party. 19. Miscellaneous. The Parties agree and intend that City and the Developer are independent contracting entities and do not intend by this Agreement to create any partnership,joint venture, or similar business arrangement, relationship or association between them. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in Riverside County, State of California. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 20. Severability. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. - 9 55575.18120\32609093.1 21. Effective'Date of Stockpile Agreement. This stockpile agreement shall not become effective until the agreement has been signed by all parties to the agreement. 22. Notice. All notices to be given hereunder shall be in writing and may be made either by facsimile, personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Notices shall be sent to the parties as listed below, but each party may change the address by written notice in accordance with this paragraph. Any notice, payment, credit or instrument required or permitted to be given hereunder will be deemed received upon personal delivery or 24 hours after deposit in any United States mail depository, first class postage prepaid and addressed to the party for whom intended as follows: If to the City City of Palm Springs 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262 ATTN: City Manager If to Far West Industries Far West Industries , a California Corporation 2922 Daimler St., Santa Ana, CA 92705 Attn: Brian Berkson Telephone: (949)224-1963 [Signatures on following pages] 10 55575.18120\32609093.1 SIGNATURE PAGE TO TEMPORARY STOCKPILE!AGREEMENT CITY: Dated: 02 I_ �L CITY OF PALM SPRINGS a California municipal corporation TEST: Dw By: y Clerk City Manager APPROVED AS TO LEGAL FORM: APPROVED BY CITY MANAGER �� came o BEST BEST&KRIEGER LLP City Attorney FAR WEST INDUSTRIES, Dated: / 23 a CALIFORNIA CORPO TIO By: Title: Authorized Agent 55575.18120\32609093.1 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 2020-0033871 01/23/2020 11:21 AM Fee: $ 30.00 Page 1 of 3 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder TWENTY-FIRST AMENDMENT TO NOTICE OF SPECIAL TAX LIEN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 22 ELAN, TRACT 36914 Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned City Clerk of the City of Palm Springs (the "City"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of police services, fire protection and suppression services, and life safety services, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Riverside, State of California on November 1, 2005 as Document No. 2005-0904135, to which the recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference. This Twenty -First Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of Community Facilities District No. 2005-1 (Public Safety Services) the lands set forth in that certain "Annexation Map No. 22 of Community Facilities District No. 2005-1 (Public Safety Services), City of Palm Springs, County of Riverside, State of California," heretofore recorded on November 22, 2019, at Book 84 of Maps of Assessment and Community Facilities Districts at Page 57 in the office of the County Recorder of the County of Riverside, State of California, as document number 2019-0483983. The assessor's parcel numbers of all parcels or any portion thereof which are included in this Twenty -First Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262; telephone number (760) 323-8221. Dated: As of Ua,.u;? ZZ , 20-Lo By- Antho 4y. Mejia, Ci erk City ogs EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 22 ELAN, TRACT 36914 ASSESSOR'S PARCEL NUMBERS AND OWNER Assessor's Name of Parcel Number Property Owner 508-171-005 Far West Industries, a California Corporation 508-171-006 Far West Industries, a California Corporation 508-171-012 Far West Industries, a California Corporation 513-250-046 Far West Industries, a California Corporation 513-250-047 Far West Industries, a California Corporation Exhibit A Page 1