Loading...
HomeMy WebLinkAbout0007 - PURCH OF ROW FROM PS OLIVERA/ZANJERO DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY THIS AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY ("Agreement") is made and entered into as of this 2nd day of August, 2017, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("Seller"), and 7 IN OLIVERA LLC, a California limited liability company ("Purchaser"). Seller and Purchaser are sometimes referenced below as the "Parties," and each as a "Party." In consideration of the mutual covenants and representations herein contained, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: RECITALS A. The purpose of this Agreement is to provide for the purchase and sale of that certain six thousand three hundred and eighty-two (6,382) square feet of right of way, currently owned in fee by the City of Palm Springs ("RoW') identified as Parcel "A". Exhibit A, attached hereto and incorporated by this reference herein, reflects the legal description of the ROW identified as Parcel "A" as known by the Parties. Exhibit B, attached hereto and incorporated by this reference herein, depicts Parcel "A" as known by the Parties, and specifically excludes an adjacent portion of right of way identified as Parcel "B" which is not a part of this transaction. The RoW is located on the eastern boundary of a site owned and planned for future development by Purchaser (the "Site"), with frontage on Via Olivera, in the City of Palm Springs, County of Riverside, State of California, and contiguous to a planned cross-street that will be a new segment of Zanjero Road. B. The Site consists of the two (2) Purchaser-owned parcels, approximately .83 acres in size in the aggregate, identified as assessor's parcels number 504-260-004 and 504-260-005, and generally located at the northwest corner of Via Olivera and the future Zanjero Road. C. The Site is incorporated in Purchaser's Tentative Condominium Tract Map No. 37041, as proposed by Purchaser for the Seller's consideration and approval (the "Map"). Exhibit C, attached hereto and incorporated by this reference herein, reflects the Site in the context of the Map. The Map depicts certain setback and dimensional issues that would prevent final approval by the Seller in its governmental capacity unless modified into conformance which may require a reduction in dwelling unit count or size. D. As such, the Parties understand and agree that Purchaser's acquisition of title to the RoW is a condition precedent to Purchaser's development and improvement of the Site as shown in the Map. Purchaser desires to acquire the RoW and incorporate the RoW into the Site to ease such dimensional limitations. E. The City has determined that the Site's development, if it proceeds pursuant to this Agreement, will advance the best interests of the City in accord with the public AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC Page 1 of 9 DocuSign Envelope ID:03A8D146-13BE-4998-9DFD-834195CC1340 purposes and provisions of applicable federal, state, and local laws and requirements. F. Prior to consummating the purchase and sale contemplated by this Agreement, the Parties understand and agree that Seller, in an effort to secure the maximum value attainable upon its sale of the ROW, will market the ROW for sale to the public. G. In recognition of Purchaser's desire to develop the Site and Seller's intent to cooperate with Purchaser's plan to purchase the ROW pursuant to the terms and conditions of this Agreement, Seller will give Purchaser a "right of first refusal" with respect to any offer to purchase the ROW received by Seller during Seller's marketing of the ROW. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE Based upon the true and correct recitals above, incorporated in their entirety herein by this reference as material contractual terms, inclusive of the referenced exhibits and definitions, Seller agrees to sell the ROW to Purchaser, and Purchaser agrees to purchase the ROW from Seller, upon the terms and for the consideration set forth in this Agreement. 2. OWNER/SELLER The City of Palm Springs ("Seller"), a charter city organized under the laws of the State of California, owns the ROW to be sold pursuant to this Agreement. The office of the Seller is located at 3200 E. Tahquitz Canyon Way, P.O. Box 2743, Palm Springs, CA 92263-2743. 3. PURCHASING ENTITY 7 In Olivera LLC, a California limited liability ("Purchaser") seeks to acquire title to the ROW hereunder. The principal office of the Purchaser is located at 412 N Oakhurst Dr., Apt#204, Beverly Hills CA 90210. The term "Purchaser" as used in this Agreement includes any permitted transferee, conveyee, or assignee of the Purchaser with the qualifications and financial responsibility necessary and adequate, consistent with the provisions of this Agreement and as may be reasonably determined by the City Manager, to fulfill the obligations undertaken in this Agreement by the Purchaser. 4. PURCHASE PRICE The Parties agree that absent Purchaser's exercise of its right of first refusal hereunder, the total purchase price for the ROW, payable Purchaser to Seller in cash through the escrow facilitating the transaction underlying this Agreement ("Escrow"), AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC Page 2 of 9 DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 shall be the lump sum of Forty Seven Thousand Eight Hundred Eighty Dollars and No Cents ($47,880.00) (the "Purchase Price"). In the event that Purchaser exercises its right of first refusal hereunder, the adjusted purchase price of the right of way shall be as specified below. 5. USE OF SITE. Purchaser's use of the Site upon acquisition of the RoW shall consist of construction and maintenance of a multi-family residential project which meets all applicable zoning and development standards of the Seller in its governmental capacity. 6. MARKETING OF SITE PRIOR TO ESCROW, RIGHT OF FIRST REFUSAL (a) Seller shall list the ROW for sale, in accord with Seller's established policy and procedure of listing real property for sale, within two (2) business days of the Parties' execution of this Agreement. The duration of Seller's listing of the RoW shall be thirty (30) days. Seller's listing shall indicate that any purchase of the ROW by a third party (a "Third Party Purchaser") shall be subject to a right of first refusal benefitting Purchaser ("ROFR"), whereby Purchaser shall have the right to purchase the ROW for an adjusted purchase price of one dollar ($1.00) more than any price offered by a Third Party Purchaser ("Adjusted Purchase Price"). Further, the listing shall indicate that a copy of this Agreement, including the specific terms of the ROFR, shall be available to any prospective Third Party Purchaser upon a written request to the City Clerk. (b) Seller shall give Purchaser written notice of all offers to purchase the ROW received from any Third Party Purchaser during the duration of the Seller's listing of the ROW within two (2) business days of the close of the listing period. Purchaser shall have two (2) business days after receipt of such written notice of all offers, if any, to exercise its ROFR with respect to that the highest and/or best offer in excess of the Purchase Price. In the event that Purchaser exercises its ROFR, Seller shall communicate notice of the fact of that exercise to the Third Party Purchaser, and the offer by the Third Party Purchaser in question shall be deemed rejected. (c) In the event that Purchaser exercises its ROFR and offers to purchase the ROW from Seller for an Adjusted Purchase Price, escrow shall open as per this Agreement. (d) Pursuant and according to the terms above, Seller hereby grants Purchaser a ROFR as to Seller's potential sale of the ROW to any Third Party Purchaser, and further, hereby warrants and covenants that it will sell the ROW to Purchaser for the Adjusted Purchase Price subsequent to any exercise of Purchaser's ROFR. AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera,LLC Page 3 of 9 DocuSign Envelope ID:D3A8D14&13BE-4998-9DFD-834195CC1340 7. ESCROW AND TITLE INSURANCE (a) Within two (2) business days of the expiration of Seller's listing of the ROW for sale, the Parties shall open escrow ("Escrow') with an escrow company located in the City of Palm Springs, California ("Escrow Holder"). Each of the Parties shall pay fifty percent (50%) of all fees, charges, and costs of Escrow. (b) Seller shall deposit an executed and duly notarized copy of an instrument conveying title to the ROW to Purchaser, suitable for recordation in the Official Records of Riverside County, with Escrow Holder within five (5) business days after opening of Escrow. (c) Purchaser shall deposit the full amount of the Purchase Price or the Adjusted Purchase Price in good funds with Escrow Holder within five (5) business days after opening of Escrow. (d) Escrow Holder shall cause to be issued and delivered to Purchaser, as of Escrow's closing date and at Seller's expense, a CLTA standard coverage policy of title insurance or, upon Purchaser's request and at Purchaser's expense for the excess cost therefore an ALTA standard or extended coverage policy of title insurance (a "Title Policy"), issued by Lawyers Title, with liability in the amount of the Purchase Price, covering the RoW, and showing title thereto vested in Purchaser free of encumbrances and exceptions apart from: A. The standard printed exceptions and exclusions contained in the CLTA or ALTA form policy; B. Utility and/or other easements or rights of third parties as to which Seller has no control or capacity to eliminate; and C. Any exceptions created or consented to by Seller, including without limitation, any exceptions arising by reason of Seller's possession, through the close of Escrow, of the ROW. (e) The Escrow's closing date (the "Closing Date") shall be as soon as practicable, and in no event after September 28, 2017 (the "Outside Closing Date"). Escrow Holder may utilize all or part of this Agreement as escrow instructions. 8. "AS IS" TRANSACTION, INDEMNITY SELLER IS MAKING NO REPRESENTATIONS OR WARRANTIES REGARDING THE DEVELOPMENT POTENTIAL OF THE RIGHT OF WAY SOLD PURSUANT TO THIS AGREEMENT, OR ITS SUITABILITY FOR ANY PARTICULAR AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera,LLC Page 4 of 9 DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 USE OR PURPOSE, OR WITH RESPECT TO ENVIRONMENTAL, HAZARDOUS WASTE OR OTHER LAWS OR ORDINANCES, OR REGARDING THE PHYSICAL CONDITION OF THE RIGHT OF WAY, INCLUDING SOILS AND GEOLOGY, OR REGARDING ANY LICENSES OR PERMITS THAT PURCHASER MAY NEED TO OBTAIN IN ORDER TO OWN, LEASE OR USE THE RIGHT OF WAY IN ACCORDANCE WITH ITS EXISTING OR ANY CONTEMPLATED USES, OR REGARDING ANY OTHER MATTER OR THING WHATSOEVER. PURCHASER IS ACQUIRING THE RIGHT OF WAY "AS IS," IN ITS PRESENT STATE AND PHYSICAL CONDITION. DS Seller's Initials �W Purchaser's Initials: ) Purchaser agrees, from and after close of Escrow, to defend, indemnify, protect and hold harmless the Seller and its officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns ("Indemnitees") from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, claims, losses, damages, fines, penalties, expenses, or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), whenever arising, unless caused in whole or in part by any of the Indemnitees, resulting from or in connection with the actual or claimed condition of the ROW sold by Seller to Purchaser hereunder. Purchaser's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the actual or claimed condition of the ROW, at Purchaser's sole cost. 9. COUNTERPARTS This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. AMENDMENT This Agreement may be amended only by a written instrument executed by the Party or Parties to be bound thereby. 11. ATTORNEYS' FEES In the event any legal action is brought to enforce the terms of this Agreement or to recover damages for its breach, the prevailing party shall be entitled to reasonable attorneys' fees therein as well as attorneys' fees incurred in enforcing any judgment pertaining to such an action. AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC Page 5 of 9 DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 12. DEFAULTS, REMEDIES AND TERMINATION (a) Subject to the extensions of time set forth herein, failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement. The Party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence, and during any period of curing shall not be in default. (b) The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until ten (10) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. (c) A default in the performance of this Agreement shall serve to toll the passage of time with respect to the Outside Closing Date. (d) Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 13. NOTICES Any and all notices required or permitted to be given hereunder shall be in writing and shall be personally delivered, sent by electronic mail, facsimile, recognized overnight delivery service or mailed by certified or registered mail, return receipt requested, postage prepaid, to the Parties at the addresses indicated below: SELLER/CITY: PURCHASER: City of Palm Springs 7 In Olivera LLC 3200 E. Tahquitz Canyon Way 412 N Oakhurst Dr., Apt#204 P.O. Box 2743 Beverly Hills CA 90210 Palm Springs, CA 92263-2743 Telephone: Telephone: (760) 323-8245 Facsimile: Facsimile: (760) 322-8360 Email: erik.1<990)gmail.com Email: flinn.fagg(aD-palmspringsca.gov Attention: Eric Ketayi Attention: Flinn Fagg, Director of Planning Services AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC Page 6 of 9 DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 Any Party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service, notices sent by overnight service shall be deemed received on the next business day and any notice given by certified or registered mail shall be deemed to have been given on the third (3`d) business day after such notice is mailed. 14. NON-ASSIGNABLE AGREEMENT This Agreement may not be assigned by either Party to any third party. 15. ENTIRE AGREEMENT, INTERPRETATION, AND MODIFICATION This Agreement reflects, contains, includes and supersedes any and all understandings, agreements, representations, inducements or promises between the Parties, oral or written, if any. Neither of the Parties relies upon any warranty, promise, representation, or agreement not contained in writing herein. No provision of this Agreement shall be interpreted for or against either of the Parties because its legal representative drafted such provision. This Agreement shall be construed as if jointly prepared by both Parties. Any modification of this Agreement must be in writing duly signed by both of the Parties. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. 16. SEVERABILITY If in the context of litigation, any provision of this Agreement is determined to be unenforceable in whole or in part for any reason, any remainder of such a provision and of the entire Agreement will be severable, and remain in full force and effect. 17. HEADINGS All section headings contained in this Agreement are for convenience or reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement. 18. JURISDICTION AND VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the Parties agree that the venue shall be the Superior Court of California, County of Riverside, Indio Larson Justice Center. AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC Page 7 of 9 DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 19. EXECUTION OF AGREEMENT, EFFECTIVE DATE The Parties agree and acknowledge that they have executed this Agreement freely, voluntarily and upon the advice of counsel to the extent that any was desired. This Agreement shall be fully effective and binding upon the Parties as of the date and year first written above. 20. TIME OF THE ESSENCE Time is of the essence of this Agreement and each of the Parties shall promptly execute all documents necessary to effectuate the intent herein and shall perform in strict accordance with each of the hereinabove provisions. 21. INDEPENDENT LEGAL COUNSEL. Each undersigned Party acknowledges that it has been represented by independent legal counsel of its own choice throughout all of the negotiations that preceded the execution of this Agreement or has knowingly and voluntarily declined to consult legal counsel; furthermore, each Party has executed this Agreement with the consent and on the advice of such independent legal counsel or knowingly and intelligently waived such consent and advice. 22. PARTIES DULY AUTHORIZED. Each of the Parties represents and warrants that it is duly authorized to enter into the transaction underlying this Agreement. 23. INDEPENDENT INVESTIGATION. Each Party to this Agreement has made an independent investigation of the facts pertaining to the provisions contained in this Agreement and all of the matters pertaining thereto as deemed necessary. SIGNATURES FOLLOW AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC Page 8 of 9 DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. SELLER/CITY: PURCHASER: CITY OF PALM SPRINGS, 7 IN OLIVERA LLC, a California charter city a California limited liability company and municipal corporation DmuSigned by: David H. Ready Eric Ketayl, '0"°'6""CC"°6- City Manager Managing Member APPROVED A TO FORM: APPROVED AS TO FORM: DawSignetl hy: l�taiwt,t,tn. :Flaun.lnt,q Edward Kotkin, Maureen finery, sq., City Attorney Attorney for 7 in Olivera LLC ATTEST: APPROVED BY C Y COUNCIL ICI p'1Gb'1 Kathleen D. Hart, Interim City Clerk, MMC AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC Page 9 of 9 DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 Exhibit A (Legal Description of the "Right of Way") PARCEL `A"- BEING A PORTION OF THE PARCEL DESCRIBED IN RESOLUTION NO. 2520 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RECORDED APRIL 18, 1949 IN BOOK 1069,PAGE 5 OF OFFICAL RECORDS OF THE COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,LOCATED IN SECTION 3,TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF INDIAN CANYON DRIVE (30 FEET IN HALF WIDTH)AND VIA OLIVERA(30 FEET IN HALF WIDTH)AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 146,PAGE 85,OF RECORDS OF SURVEYS,OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 890 55' 42"WEST,A DISTANCE OF 429.06 FEET ALONG SAID CENTERLINE OF VIA OLIVERA TO THE EASTERLY LINE OF SAID PARCEL,ALSO BEING THE WESTERLY LINE OF THE WHITEWATER MUTUAL WATER COMPANY'S RIGHT-OF-WAY; THENCE NORTH 12014'W'WEST,A DISTANCE OF 21.05 FEET ALONG THE EASTERLY LINE OF SAID PARCEL; THENCE NORTH 15006'00"WEST,A DISTANCE OF 9.76 FEET ALONG THE EASTERLY LINE OF SAID PARCEL TO THE EAST PROLONGATION OF THE NORTH LINE OF SAID VIA OLIVERA,SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 15006'00"WEST,A DISTANCE OF 212.59 FEET CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL TO THE EAST PROLONGATION OF THE NORTH LINE OF PARCEL 2 AS DESCRIBED IN DOCUMENT NUMBER 2015-0257244, RECORDED JUNE I7,2015,OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89037'00"WEST,A DISTANCE OF 31.13 FEET ALONG SAID EAST PROLONGATION OF PARCEL 2 TO TIIE WESTERLY LINE OF SAID PARCEL DESCRIBED IN SAID RESOLUTION NO.2520; THENCE SOUTH I5006'00"EAST,A DISTANCE OF 212.85 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE NORTH LINE OF SAID VIA OLIVERA; T14ENCE NORTH 89055'42"EAST,A DISTANCE OF 31.06 FEET ALONG THE EAST PROLONGATION OF SAID NORTH LINE OF VIA OLIVERA TO THE TRUE POINT OF BEGINNING. EXHIBIT A AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera, LLC DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 Exhibit A (Legal Description of the "Right of Way") PARCEL"A"(CONT.I- SUBJECT TO ANY EASEMENTS,IF ANY. SAID PARCEL CONTAINS 6,392 S.F.(0.15 ACRES),MORE OR LESS, AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREIN. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 96. AOBERT C.OLLERTON,P.L.S.7731 DATE 4 RMNAT $ � No.7731 a 7 OP cAL1F ` EXHIBIT A AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera,LLC DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 4e�mM"' EXH I BIT "B" lftpd Ckh RW 4 n ROBENT C, s y ��R10N g I yi No.�f • ��+��� SUE j OrcAup Yo aw" 9OO1 N 1439 AO PARCEL ! IN 1= 1 � A E IE50LU1NlN NO. 2520 OF Via Ewe* i THE COY COW I PAW � NORTH S SPR>Ncs, REC. 4/18/1949 VICINITY MAP N89'38'00 N 128 53' � BK.1D69, PGA, O.R. >' LANE A NIHRI E R LD. SEARING IV. Fr. NR CO. R/W 11 055421 429.06 0000V N 15201 L2 Ni71 OOV 21.05 RS 146/85 - - - T.P.O.B. L3 N15'�'00'W 9.16 PARCEL '$' L4 N811'5542'E 31.06 PARCEL 2 p L5 NOT310DIN 31.13 R L DOC) 2015-0251244 OR '`; TV"- W 46 HISOCOO'N 44. 11 SO711'001N 50.00 L8 S1932WE 44.45 1 111 N89'31'0OV N 159,43' WL g l9 S1506'001 35.25 A 1.11 NOO'11'001 68.33 8 I PARCEL 1 1.11 NW56421 192 DOCK 2015-0251244 O.R Li N0711'00'E 2�14 16 AL DATA MR HEREON 6 A RS 146/85 RECORD PER RS 146/85 1890 L4 P.O.0 2oa19' 'r-A PARCELS A & B _ _0 ON% _ T.P.O.B. PARCEL "d" G Ll " IL89'S5'42'E N 246.35' - - . ----�----�--------- CITY OF PALM SPRINGS ENGINEERING SERVICES 7731 SEE EXHIBIT "A FOP I'=1G °Sm,aR 17F03 �a RDO K 5/16/17 =a 1 of 1 EXHIBIT B AGREEMENT FOR PURCHASE AND SALE OF RIGHT OF WAY 7 at Olivera,LLC DocuSign Envelope ID:D3A8D146-13BE-4998-9DFD-834195CC1340 Exhibit C (Tentative Condominium Tract Map No. 37041) At rrti(il r P r.LY 1/+1Mp.4 CIYJfrr[)aP,LIP�itar!tt Gl['7ga TENTATIVE CONDOMINIUM TRACT MAP NO.37041 .. LEAr]•r�[w'ri]r[•t ti r•.Mat!1 a:.12A AECtd2,P r..&t IOC.tT9 A[2Cw:q]T[MN:f1p.YILT[M]Q�!V::�JI tlfrtYJOM'�frLWt ' [FVffaOfA 1W .:�.. A9[SEl1GrtS PA[1(Y'l W-1 ONTER. �ffm r r ..f ... CFNERAI►EAN.r—MNINM pi1TA 1;a 4 •f [ ,•. CEC[AL t)E9CNIYTIDN Tit rtIE3 sG'(.r M .tr r•[� 'tt�'.• r r nr •+a.r ..c r rrc x.r .. (.St 4 L`L�ta•2'Y,+C1C? I-1 r - I t.❑t r t i. �7 ti�t.iK din•r {r 1•n C (r f• ..� ..la [ �r -SILL ' t t �r1[I 1 •1Rf r"r I [. r AET+Y•A .c.• _.'� may,,. tiY#-+. - K 1 i „ �_ _._. �.._,_. .:e_.�."_____. __..y rrw « a.rt. fc - • {. st 1 n, r,r r"T ra' :.' off" .,' "air` ;'.sf3T".'4Y� �..y c. ._ GH:62Sii�.nE r -.t`...[. r_ �u. a.t ± t r.. Hr rm{•Tx.i - tEIJ!NE LE n t rr r •iLL ,_.. a .. Cit E tIE T"t ll'C +«o;•i•rm'i E+Ei. 6E.T>1 u E {r :. Et•OIhFER r .. n. m� h t� Ilf - K I E•' R• LOT 1 r�{t[(J a. [ . y� K 1 T` r.i I M1�[:CiK i rC _.. (.11 ll[ fVq C C T la[[[ ` 0,83 AC (36.273 SF) aa.i Yam„-;•' ... KAYMCNT NCJTP% .' fnt Af N T n mn i nLL . [. GTT ,.1E -1 E It g.� tifi+ cux i.. F-5 PIT t tf •L {r"i I .` Ewa_+ cs.. ....... _ . t _ i 4[7 I1a1n .I r E: i Ri n1 tt(F .'u�. E-11 lfl!A E 4p<'T fLr T T I 1_�,_. ._ __.__.t._ ___.___ _-.._Air ••- _ • • r-t1 ar x ` r.. �.._ �— �..,_-: ,.. ^"•• a. ,..,. aaif.m,.-. ay.. r,w.., � � t c ,r,.i � Ct T T ff _.._...ia".�.•—���+ c «t.f. I x,. _ .... _..r:...,..•."""...u..F ,E....•_,' lmr.''i."_ .'y V u I — t r �tr1 tl r q y E ..(... .w t �OLNBiA 3aiR:. ,.._.` � . « r .. a,..• ,E[,: E:R -i.I E h+i. J r. r (a.. [....a 4:r.• s t Li.:S E'er__ t'.a'. •G.a-, i...ai t.�.+a.+-.. ( 1 1 { I[ f i .. ..- . ri M1 ll[ E PRELIMINARY FOMOTOR • r _ .r «a . « w f' ENGINEERING TE K4CIIAMEAAPNO lON41 IVIA r n IL m . -