HomeMy WebLinkAbout06320 - POINT CENTER FINANCIAL & PALM SPRINGS COUNTRY CLUB INV LLC SETTLEMENT AGR DOC # 2013-0077750
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Page 1 of 10
Recorded in Official Records
County of Riverside
Larry W. Ward
RECORDING REQUESTED BY: ! Assessor, County Clerk & Recorder
City of Palm Springs I III II IIIIiII II I it II II I I II II IIIII III III
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS Im
R U PAGE SIZE DA MISC LONG RFD COPY
James Thompson, City Clerk '
3200 E. TahqultZ Canyon Way A L 465 426 PCOR NCOR SMF NCHG EXAM
Palm Springs, CA 92262
(,0 fa1W T: I CTY UNI
Space above this line for Recorder's Use
EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383
RELEASE OF LIEN ,� 043
Notice is hereby given that that the public nuisance abatement lien and special assessment
established by Resolution Number 22462 of the Palm Springs City Council against the property
located at 2500 Whitewater Club Drive, in the City of Palm Springs, and recorded in the Official
Records of the Office Of The County Recorder of Riverside, California, on May 13, 2009 as
Instrument Number 2009-0239443 of the Official Records of said County, with respect to that
certain real property located in said County and commonly known as Assessor's Parcel Numbers
501-190-002-2, 501-190-011-0, 669-480-027-6, and 669-590-066-1, which is more particularly
described in Palm Springs City Council Resolution Number 22462 and the Exhibits thereto,
which are attached hereto and incorporated herein as Exhibit A, is hereby released, the
obligations thereunder having been fully satisfied as to said real property.
Dated: January 28, 2013 CITY OF PALM SPRINGS
By:
Terry Tat*
City Building Official
ATTEST:
mes Thompson, City Clerk
904809.1
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) ss.
City of Palm Springs )
On January 28, 2013, before me, JAMES THOMPSON, CITY CLERK, CITY OF
PALM SPRINGS CALIFORNIA, personally appeared TERRY TATUM, who I personally
know is the CITY BUILDING OFFICIAL of the CITY OF PALM SPRINGS whose name
is subscribed to the within instrument and acknowledged to me that he executed the
same in his official and authorized capacity on behalf of the City of Palm Springs, a
California Charter City.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and the official seal of the City of Palm Springs, California, this
28th day of January, 2013:
p ALM g
;ot p9i
Q
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q I O RN\
SignatureXA
ES THOMPS0N, CITY CLERK
of Palm Springs, California
Title or Type of Document: Release of Lien
Resolution Number 22462 for 2500 Whitewater Club Drive
Document Date: January 28, 2013 Number of Pages: 10, including this page
DOC # 2009-0239443
05/13/2009 08:00A Fee:NC
Page 1 of a
Recorded in official Records
RECORDING REQUESTED By: County of Riverside
CITY OF PALM SPRINGS As&essor, County Clerk & Recorder
1Larry
{I�tW..IWard I1 I 1 I I{1 AND WHEN RECORDED MAIL TO: MIlVII��I`I�I{I11 IIIII IIIII IIIIII III�I 11I IIIII IIII111I
City of Palm Springs — - - -P. O. Box 2743 S R U PAGE SIZE CA MISC L )NGj RFD I COPY
Palm Springs, CA 92263
Attn: Office of the City Clerk M A I L 465 420 PCOR NOOR SMF CI•I
T GTY UNI CCC_WWW�illl
Filing fee EXEMPT per Government Code 6103
Resolution No. 22462
Confirming the Report of Proceedings and Accounting for
the Public Nuisance Abatement Lien and Special
Assessment for the Property Located at
2500 Whitewater Club Drive
Title of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(VAO Addidmal Recording Fee Applies)
RESOLUTION NO. 22462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF PROCEEDINGS AND ACCOUNTING FOR
THE PUBLIC NUISANCE ABATEMENT LIEN AND
SPECIAL ASSESSMENT LOCATED AT 2500
WHITEWATER CLUB DRIVE.
WHEREAS, from November 2006 through July 2008, the Code Enforcement
Department of the City of Palm Springs conducted numerous site inspections, issued
notices of violation and administrative citations resulting from the public nuisances
found to exist on the property described as 2500 Whitewater Club Drive, Palm Springs,
California, notifying the owners to abate the public nuisances within 30 days of the
citation and/or violation; and
WHEREAS, following the expiration of 30 days after the third administrative citation
provided notice to the owner and other interested parties concerning the City's Notice of
Violation and Order to Abate, the City of Palm Springs applied for and obtained an
Abatement Warrant (Warrant No. ISW7183) from the Riverside County Superior Court
on July 25, 2008, that was issued by the Honorable Randall D. White, Judge of the
Superior Court; and
WHEREAS, on and between July 28, 2008, and September 25, 2008, the City of Palm
Springs, through its City staff and City contractors, executed the Abatement Warrant on
the property described as 2500 Whitewater Club Drive, Palm Springs, California, and
thereby labored to remove all public nuisances existing on said property; and
WHEREAS said property is shown as Assessor's Parcel Nos. 501-190-002-2, 501-190-
011-0, 669-480-027-6, and 669-590-066-1 on the Legal Description (attached hereto as
Exhibit"A"); and
WHEREAS the Director of Building and Safety has reported that notices required in
accordance with Chapter 11.72 of the Palm Spring Municipal Code have been given
and that the owner and other interested parties have refused to comply; and
WHEREAS pursuant to said Code and Division 13, part 1.5 of the Health & Safety
Code, Title 4, Division 3, Part 2, Chapter 10, Article 6 of the Government Code and
Califomia Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of
California, the City thereupon abated the public nuisance located on the property
described above.
llll�lfllt1�11 lilt 1111(11111111111111111 e52e�6239443
Resolution No.22462
'Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the City Council hereby approves the Report of Proceedings and
Accounting (attached hereto as Exhibit `B°) of the costs in the total amount of
$60,443.00.
SECTION 2. That a special assessment lien in the amount of $60,443.00 is hereby
imposed upon the property hereinabove described.
SECTION 3. That a certified copy of this Resolution, together with a certified copy of
the Notice of Lien and the Report be filed with the Riverside County Auditor-Controllers
office.
SECTION 4. That the Riverside County Auditor-Controller is respectfully requested to
enter the amount of the assessment on the County Tax Roll opposite the parcel of land
referred to, and that thereafter said amount shall be collected at the same time and in
the same manner as ordinary municipal taxes.
SECTION 5. That a certified copy of this Resolution, together with a certified copy of
the Notice of Lien and the Report shall be recorded with the Riverside County
Recorder's office.
ADOPTED this 15t' day of April, 2009.
David H. Ready, ager
ATTEST:
/Imes Thompson, City Clerk
i
1111111111II IIIIIIIIIIIIIIIIIIIIIINIINIIIIIINII 38f8$soot
Resolution No.22462
'Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22462 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 15th day of April, 2009,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None-
ABSTAIN: None.
kofesThompson, City Clerk / 2Palm Springs, California e) f
CEfti1FIED COPY
I ow*that this is a true and comma[copy of the docamerit
on file in the official records of the City of Palm Springs.
Depuy City Clerk
This cerdgcation must appear In blue with an original
Signature.
I��III�IIII�I I��I�I�l�II�I�IIII fl��I�I I II�I�III B5 IV48 388:99F
EXHIBIT"A"
j (LEGAL DESCRIPTION)
I
I
PARCEL 1:
THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BEiRNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA,ACCORDING TO THE OFFICIAL PLATTI-TEREOF.
EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
A. DESERT PARK ESTATES NO. 10,AS PER MAP RECORDED IN BOOK 33, PAGE(S)20 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. RANCH COUNTRY CLUB ESTATES NO, 1, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 64
OF MAPS,IN THE OFFICE OF THE-RECORDER OF SAID COUNTY.
C. TRACT NO. 436Z AS PER MAP RECORDED IN BOOK 70, PAGE(S) 89 AND 90 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
0. TRACT NO. 4326-1, AS PER,MAP RECORDED IN BOOK 81, PAGE(S)29 AND 30 OF MAPS,IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
E. TRACT 9317, AS PER MAP RE60RDED IN BOOK 91, PAGE(S) 44 AND 43 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
F. TRACT 14029, AS PER MAP RECORDED IN BOOK 112, PAGE(S)61 AND 62 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL.2:'
LOT 1 OF RANCH COUNVY ESTATES NO. 1, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF C41rOF IA, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 54 OF
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3:
PARCEL 1 OF THAT LOT LINE ADJUSTMENT NO. 02-12 RECORDED FEBRUARY 26; 2004 AS
INSTRUMENT NO. M04-134481 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND, SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RXNE ORE,STATE
OF CALIFORNIA, LYING OVER A PORTION OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 35;
TIiENCE, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 36, NORTH 0° 1V 430
EAST 420.46 FEET;
THENCE, LEAVING SAID NORTH-SOUTH CENTERLINE NORTH 890 59' 13-'WEST 8B.65 FEET;
THENCE NORTH 380 42'39'WEST 476.26 FEET;
THENCE NORTH 470 46'07"WEST 450.07 FEET;
IAlill III�III IIII II�I�III��I�IIII�II��II I�III III�I�I 2fl95eof 8e4s 3 eR
THENCE NORTH 610 23'04"WEST 329.68 FEET;
THENCE NORTH 7..80 04' 13"WEST 200.02 FEET;
THENCE SOUTH 800 57 45"WEST 440.06 FEET;
THENCE SOUTH 750 05'43"WE57 318.05 FEET;
THENCE SOUTH 580 00'SS"11YT:ST 386.18 FEET;
THENCE SOUTH 50 14' 30" EAST 769.65 FEET TO THE INTERSECTION OF A LINE PARALLEL TO
AND 554.00 FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, TO THE WEST LINE OF
SAID SECTION 36, WITH A LINE PARALLEL TO AND 360.00 FEET NORTHERLY, WHEN
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 36;
THENCE, ALONG SAID LINE PARALLEL TO THE WEST LINE OF SAID SECTION 36, SOUTH 00 1S-
30"WEST 300.00 FEET,TO THE SOUTH LINE OF SAID SECTION A,
THENCE,ALONG SAID SOUTH LINE OF SECTION 36, SOUTH 890 4Y 52" EAST 2,100.33 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE, ALONG THE SOUTH LINE OF SAID SECTION 36, SOUTH 890 45 52" EAST 814.00
FEET;
THENCE, LEAVING SAID SOUTH LINE, PARALLEL TO THE WEST LINE OF SAID SECTION 36,
NORTH 00 15' 30" EAST 300.00 FEET TO A LINE PARALLEL TO AND 300.00'FEET NORTHERLY
OF SAID SOUTH LINE OF SECTION 36 AND THE TRUE PONT OF BEGTNIJ]NG;
THENCE, ALONG SAID LINE PARALLEL TO THE SOUTH LINE OF SECTION 35,SOUTH 890 45' Sr
EAST 718.85 FEET;
THENCE, LEAVING SAID PARALLEL LINE,SOUTH 890 35'48"EAST 417.44TEET;
THENCE SOUTH 880 10'53"EAST 116.51 FEET;
THENCE NORTH 490 27 44"EAST J-07.85 FEET;
THENCE NORTH 450 27 43"WEST 330.33 FEET;
THENCE NORTH 820 49 28"WEST 19.54 FEET;
THENCE NORTH 53011'47"WEST 872.71 FEET;
THENCE SOUTH 740 ST 13"WEST 528.72 FEET;
THENCE SOUTH 00 08'38"WEST 30.73 FEET;
THENCE SOUTH 720 41'33"WEST 113.63 FEET,
THENCE SOUTH 30 29'01"EAST 610.32 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 4;
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION- 36,
TOWNSHIP 3 SOUTH, RANCE 4 EAST, SAN BERNARDINO MERIDIM, IN THE CITY OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTHEAST
QUARTER;
THENCE SOUTH 890 SZ 00" EAST, ALONG THE SOUTH LINE OF SAID SOUTH HALF OF THE
SOUTHEAST QUARTER,A DISTANCE OF 240.00 FEET;
THENCE NORTH 700 00'00"WEST, 105.00 FEET;
THENCE SOUTH 750 12'28"WEST, 59.03 FEET;
THENCE NORTH 310 00' 00" WEST, A DISTANCE OF 163.00 FEET, TO A POINT ON THE WEST
LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER;
THENCE SOUTH 00 06' 30" WEST, ALONG SAID WEST LINE, A DISTANCE OF 160.00 FEET TO
THE POINT OF BEGINNING.
IIIIIIIIIIIIIIIIIIIIIIII�II�IIII11111111111111111111( 052 g
13" 0g88p pa
SCHEDULE B
AT THE DATE HEREOF EXCEP71ONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF
THIS REPORT WOULD BE AS FOLLOWS:
A. GENERAL AND SPECIAL PROPERTY TAXES,AND ANY ASSESSMENTS COLLECTED WITH
TAXES, INCLUDING UTILITY ASSESSMENTS, ARE A LIEN NOT YET PAYABLE TO BE
LEVIED FOR THE FISCAL YEAR 200812009.
B. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENP OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007-2WB.
AMOUNT TO REDEEM PRIOR TO JULY 31,2008: $8,817.30
AMOUNT TO REDEEM PRIOR TO AUGUST 31, 2W8: $6,835.45
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $9,053.60
CODE NO.: 011-059
PARCEL NO., 501-190-=-2
C. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 7A072008.
AMOUNT TO REDEEM PRIOR TO JULY 31,2008, $27,518.83
AMOUNTTO REDEEM PRIOR TO AUGUST 31, 2008: $77,808.57
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $28,258.31
CODE NO.: 011-003
PARCEL NO.: 501-190-011-0
D. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NOWPAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007-200B.
AMOUNT TO REDEEM PRIOR TO JULY 31, Z008: $8,964.99
AMOUNT TO REDEEM PRIOR TO AUGUST 31,2008: $9,085.13
AMOUNT TO REDEEM PRIOR TO SEFrEMBEt 30,2008: $9,205.27
CODE NO.: 01i-011
PARCEL NO.: 669-480.027-6
E. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007/200.
AMOUNT TO REDEEM PRIOR TO JULY 31, 2008: $134.27
AMOUNT TO REDEEM PRIOR TO AUGUST 31,2008: $135.61
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $136.95
CODE NO.: 011-062
PARCEL NO.: 669-590-066-1
III IN
EXHIBIT "B"
PROCEEDINGS AND ACCOUNTING REPORT
PUBLIC NUISANCE ABATEMENT
I LOCATION/LEGAL: See Exhibit"A"attached hereto.
Assessor's Parcel Numbers: 501-190-002-2, 501-190-011-0, 669-480-027-6,
669-590-066-1
Address: 2500 Whitewater Club Drive,Palm Springs,California
II OWNER OF RECORD: Palm Springs Country Club Investments,LLC
30900 Rancho Viejo Rd., Suite 100
San Juan Capistrano, CA 92675
Note: The LLC is comprised of 92 individual investors
and National Financial Lending, and is managed by
Point Center Financial, which is also responsible for
maintenance of the property located at 2500
Whitewater Club Drive,Palm Springs,California.
III PROCEDURE:
A. Public Nuisance Posting: 01/02/2008, 02/11/2008, 03/1012008,06/03/2008
B. Non-Compliance: 11/9/2007 through present
C. Bid Solicitation: 07/28/2008, 8/18/2008, 9/18/2008
D. Obtain Abatement Warrant: 07/25/2008, 08/11/2068, 08/77/2o08,09/11/2008
E. Abatement Work Complete: 09/25/2008
F. Notice of Special Assessment: 03/30/09
IV: ACCOUNTING:
Abatement: $ 8,775.00
Administrative: $24,745.00
City Attorney: $26,923.00
Total: S 60.443
N DU WORTTI,CBO
Director of Building& Safety
2AB8-923944•'+
I�IlIlRill llll Rill 1111111111111111111111111 � 3,a of 9
DOC # 2013-0077749
02/14/2013 11:13A Fee:NC
' Page 1 of 18
Recorded in Official Records
County of Riverside
Larry W. Ward
RECORDING REQUESTED BY:
11111111111111111111111111111111111111111111111111111111Assessor, County Clerk & Recorder
City of Palm Springs
AND WHEN RECORDED MAIL TO: FM
R U PAGE SIZE DA MISC LONG RFD COPY
James Thompson, City Clerk
3200 E. TahqultZ Canyon Way A L 465 426 PCOR NCOR SMF NCH EXAM
Palm Springs, CA 92262. t.�ktF}�, Lc�_ r: I CTv I UNi J
Space above this line for Recorder's Use 6r
EXEMPT FROM RECORDERS FEE PER GOV. CODE §§6103 AND 27383 �J
MEMORANDUM OF SETTLEMENT AGREEMENT AFFECTING REAL
PROPERTY 043
Palm Springs Country Club Investments, LLC is the owner of certain real property located at
2500 Whitewater Club Drive, in the City of Palm Springs, County of Riverside, State of
California (hereinafter the "Property"). Said Property is commonly known as Assessor's Parcel
Numbers 501-190-002-2, 501-190-011-0, 669-480-027-6, and 669-590-066-1, and is more
particularly described as set forth in Exhibit 1, which is attached hereto and incorporated herein
by reference.
On or about December 7, 2012, Palm Springs Country Club Investments, LLC, entered into a
settlement agreement and mutual release with the City of Palm Springs to resolve certain
disputes related to the maintenance of said Property. The December 7, 2012 settlement
agreement and mutual release is attached hereto as Exhibit 2 (hereinafter "Settlement
Agreement"). The Settlement Agreement created certain rights and obligations related to the
Property, which are binding on Palm Springs Country Club Investments, LLC, and which were
to become a covenant running with the land, thus binding subsequent purchasers of the Property,
and making said rights and obligations, the rights and obligations of any future purchaser of the
Property.
Specifically, Palm Springs Country Club Investments, LLC, has a continuing obligation to
adhere to the terms of a "Ground Maintenance Agreement", which was attached to the
Settlement Agreement and referenced as Exhibit A to said Settlement Agreement, and which is
included in Exhibit 2 to this Memorandum. The Ground Maintenance Agreement requires Palm
Springs Country Club Investments, LLC to perform certain acts related to the maintenance of the
Property as more fully described in the Ground Maintenance Agreement. (See, Exhibit 2 to this
Memorandum) Further, pursuant to both the Settlement Agreement, and the Ground
Maintenance Agreement itself, the Ground Maintenance Agreement shall be a covenant running
with the land, which shall bind all future purchasers of the Property, and shall obligate all future
purchasers of the Property to adhere to the terms of the Ground Maintenance Agreement, and
which shall be enforceable against any such future purchaser by the City of Palm Springs.
909977.1
By this Memorandum, Palm Springs Country Club Investments, LLC and the City of Palm
Springs wish to memorialize the Settlement Agreement and provide constructive notice of this
Settlement Agreement and the covenant affecting the Property created thereby to any future
purchasers of said Property. This Memorandum is intended to give record notice of the
Settlement Agreement and its terms, but shall in no way affect or modify the provisions of the
Settlement Agreement or the Ground Maintenance Agreement.
The undersigned, as the duly authorized representative of the owner of the Property, Palm
Springs Country Club Investments, LLC, intends, on behalf of Palm Springs Country Club
Investments, LLC,and on behalf of any successive owner of the Property as described herein, to
forever bind said owner to comply with the obligations of the Settlement Agreement and Ground
Maintenance Agreement as more fully described and pursuant to the terms contained therein.
P SPRINGS OUNTRY CLUB
ESTMENTS, LC
DATED: p'Z—I — oZ O 13
By: Dan J. Center
Financial, Stp4,, as NaaE-of Palm prings -
Country lub Investments, LLC
9OW77.t
ACKNOWLEDGMENT
State of California
County of
On �' `3 before me, / " ' C�II/�2n �P�IGLnSon� lNOTQry� �iG
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence4obe the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. M.GWEN MELANSON
Commission # 1886717
Notary Public •California
Orange County
09;conrun.
Ex Tres Ma 1,2014
Signature (Seal)
EXHIBIT 1
(LEGAL DESCRIPTION)
PARCEL 1:
THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF
CALIFORNIA,ACCORDING TO THE OFFICIAL PLATTHEREOF,
EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
A. DESERT PARK ESTATES NO. 10,AS PER MAP RECORDED IN BOOK 33,PAGE(S)2D OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. RANCH COUNTRY CLUB ESTATES NO, 1,AS PER MAP RECORDED IN BOOK 36, PAGE(S) 64
OF MAPS,IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
C TRACT NO. 4362,AS PER MAP RECORDED IN BOOK 7D, PAIGE(S) 89 AND 90 OF MAPS, IN
TT4E OFFICE OF THE 03UM Y RECORDER OF SAID COUNTY.
R. T-RACT NO.4326-1, AS PER.MAP RECORDED IN BOOK 81, PAGRS) 29 AND 30 OF MAPS,IN
THE OFFICE OF THE COUNTY RECORDER OF WD COUNTY.
E. TRACT 9317, AS PER MAP RECORDED IN BOOK 91, PAGECS) 44 AND 45 OF MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
F. TRACT 14029,AS PER MAP RECORDED IN BOOK 112,PAGECS)61 AND 62 OF MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL.2:'
LOT 1 OF RANCH OOUN74RY ESTATES NO. 1, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, SPATE OF CAL'PF MIA, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 64 OP
MAPS,IN THE OFFICE bFTHE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3;
PARCEL 1 OF THAT LOT LINE ADJUSTMENT NO. 02-12 RECORDED FEBRUARY 26; 2004 AS
INSTRUMENT NO.2004-IW81 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND, SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE
OF CALIFORNIA, LYING OVER A PORTION OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECRON-36;
THENCE, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 36, NORTH 9° 12' 43"
EAST 42D.46 FEET;
THENCE,LEAVING SAID NORTH-SOUTH CENTERLINE NORTH 89°59'13ff WEST 88'.65 FEET;
THENCE NORTH 380 42'39°WEST 476.26 FEET;
THENCE NORTH 47°46'07%WEST"450.07 FEET)
THENCE NORTH 610 23'04"WEST 329.68 FEET;
THENCE NORTH 28"04'13"WEST 200.02 FEET;
THENCE SOUTH 800 57'45"WEST 410.06 FEET;
THENCE SOUTH 750 05'43"WEST 318.05 FEET;
THENCE SOUTH 580 00'S5"WEST 3B6.18 FEET;
THENCE SOUTH 50 14'30% EAST 769,65 FEET TO THE INTERSECTION OF A LINE PARALLEL TO
AND 554.00 FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, TO THE WEST LINE OF
SAID SECTION 36, WITH A LINE PARALLEL TO AND 3U0.00 FEET NORTHERLY, WHEN
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 36;
THENCE,ALONG SAID LINE PARALLEL TO THE WEST LINE OF SAID SECTION 36 SOUTH 00 15,
30"WEST 300.00 FEET,TO THE SOUTH LINE OF SAID SECTION 36;
THENCE,ALONG SAID SOUTH LINE OF SECTION 36,SOUTH 890 4Y 52"EAST 2,100.33 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST OF SAID SECTION 36;
THENCE, ALONG THE SOUTH LINE OF SAID SECTION 36, SOUTH 890 45' 52" EAST 814.00
FEET;
THENCE, LEAVING SAID SOUTH LINE, PARALLEL TO THE WEST LINE OF SAID SECTION 36,
NORTH 0° 15' 30" EAST 300.00 FEET TO A LINE PARALLEL TO AND 300.00TEET NORTHERLY
OF SAID SOUTH LINE OF SECTION 35 AND THE TRUE Pout OF.B'ERWING;
THENCE,ALONG SAID LINE PARALLEL TO THE SOUTH LINE OF SECTION 35,SOUTH 890 45'S2"
EAST 718,85 FEET;
THENCE, LEAVING SAID PARALLEL LINE,SOUTH 890 35,48"EW 417.+VFEET;
THENCE SOUTH 880 10'53"EAST 316.61 FEET;
THENCE NORTH 490 27'44"EAST 107,85-FEET;
THENCE NORTH 450 27 43"WEST 330,33 FEET;
THENCE NORTH 820 49'28"WEST 16.54 FEET;
'THENCE NORTH 53° 11'47"WEST 872.71 FEET;
THENCE SOUTH 740 57 IF WEST 528.72 FEET;
THENCE SOUTH 00 09 38"WEST 30.73 FEET,
THENCE SOUTH 720 41'33"WEST 113.63 FEET;
THENCE SOUTH 30 29'01"EASE 610.32 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 4:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION-36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERI-DinN, IN THE CITY OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO THE-OFFICFAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTHEAST
QUARTER;
THENCE SOUTH 890 52' 00" FAST, ALONG THE SOUTH LINE OF SAID SOUTH HALF OF THE
SOUTHEAST QUARTER,A DISTANCE OF 240.00 FEET;
THENCE NORTH 700 00'00"WEST, 105.00 FEET;
THENCE SOUTH 75012'28"WEST, 59.03 FEET;
THENCE NORTH 310 00' 00" WEST", A DISTANCE OF 163.00 FEET,TO A POINT ON THE WEST
LINE OF SAID SOUTH TH HALF OF THE SOUTHEAST QUARTER;
THENCE SOUTH 00 06' 30" WEST, ALONG SAID WEST LINE, A DISTANCE OF 160.90 FEET TO
THE POINT OF BEGINNING.
EXHIBIT 2
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT(this"Agreement"), is made and entered
into by and between Point Center Financial, Inc. and Palm Springs Country Club
Investments,LLC(collectively,the"PCF Defendants"), on the one hand, and the City of
Palm Springs, a Municipal Corporation(the "City"),on the other hand. The City and the
PCF Defendants are sometimes referred to herein as "the Parties."
RECITALS
A. Palm Springs Country Club Investments, LLC currently owns the property
located at 2500 Whitewater Club Drive, Palm Springs, California, formerly known as the
Palm Springs Country Club(the "Subject Property").
B. On April 21,2008,the City filed a complaint against the PCF Defendants
in the Riverside County Superior Court, Case No. INC076710 and subsequently filed an
amended complaint for abatement of a public nuisance and civil penalties(collectively,
the"Complaint").
C. The Parties hereto desire to settle their respective rights and liabilities
arising out of;related to or in connection with the Complaint, and in order to effectuate
such a settlement,the Parties have agreed to resolve their disputes in accordance with this
Agreement.
AGREEMENT
NOW,THEREFORE, in consideration of the foregoing,and for other good and
valuable consideration,the receipt of which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. Incomoration of Recitals: The foregoing recital of facts is incorporated
herein and made a part hereof by this reference.
2. Pent Terms: The total sum of One Hundred Thousand Dollars
($100,000.00)shall be paid by the PCF Defendants to the City by the close of business on
December 14,2012. The check will be made payable to The City of Palm Springs and
will be delivered to the law firm of Woodruff, Spradlin & Smart, counsel for the City.
Other than the obligation to make such payment and the obligation to record the Ground
Maintenance Agreement attached as Exhibit"A"hereto, any other obligations by the PCF
Defendants under this Agreement shall automatically terminate upon the consummation
of any sale, exchange, transfer or other disposition of the Subject Property by the PCF
Defendants to a third party.
3, Ground Maintenance Obligations: The PCF Defendants agree to abide by
the terms of a ground maintenance agreement, a copy of which is attached hereto as
Exhibit"A" and incorporated into this Agreement by this reference(the 'Maintenance
Agreement"). Notwithstanding anything to the contrary in this Agreement, the PCF
Defendants' obligation to maintain the Subject Property pursuant to this Agreement shall
automatically terminate upon the consummation of any sale,exchange,transfer,or other
disposition of the Subject Property by PCF to a third parry. The PCF Defendants agree
that the Maintenance Agreement shall be recorded against the Property, and that the
ground maintenance obligations,as described in the attached ground maintenance
agreement(Exhibit"A"), shall be a covenant running with the land and shall forever bind
the owner of said Property, and any subsequent purchasers of the Property to adhere to
the terms thereof until such time as development of the Property, if any, render the
ground maintenance agreement obsolete. The PCP Defendants will take all steps
necessary to record the Maintenance Agreement against the Subject Property as soon as
practicable,but in any event prior to any sale or transfer of the Subject Property to a third
ply.
4. Nuisance Taxes: Upon full payment of the$100,000 settlement check to
the City,the City shall release within 10 business days from execution of this Agreement
any and all liens against the Subject Property attributable to or caused by the City and
shall release and deem paid in full any and all nuisance taxes and/or special assessments
against the Subject Property including but not limited to the nuisance tax assessments
identified on the 2009 County tax roll (Riverside County Secured Property Tax Bill Nos.
000354801, 000354802, 000462306, and 000462610). The City will also request that the
County of Riverside release in full any and all tax assessments, special assessments
and/or Bens against the Subject Property attributable to the City of Palm Springs,
including but not limited to the nuisance tax assessments identified on the 2009 County
tax roll (Riverside County Secured Property Tax Bill Nos. 000354801,000354802,
000462306, and 000462610). The City will provide and record any documentation
necessary to accomplish this objective. The City further agrees that,to the extent that
any money is owed and payable directly to the City with respect to said nuisance taxes or
lien in the form of penalties, late payments, interest, etc., the City shall waive such
monies. The Parties agree that the City is not liable under this Agreement for any monies
owed by the PCF Defendants directly to the County of Riverside or any entity or agency
other than the City.
5. Dismissal of Action: Within five(5) business days from the date of the
execution of this Agreement,the City shall dismiss with prejudice the Complaint against
all defendants other than Burnett Development Corporation, including but not limited to
the PCF Defendants and Defendant National Financial Lending,LLC. This agreement
maybe enforced by any party hereto by a motion under California Code of Civil
Procedure § 664.6 or by any other procedure permitted by law in the Superior Court of
Riverside.
2
6. Tax and Allocation Consequences Resulting From Payment of Settlement-
Funds; The City shall assume all risk and responsibility as to any tax consequences
resulting to it as a result of this settlement and responsibility for any allocation of the
proceeds of the settlement.
7. Binding on Successors and Assigns. This Agreement shall inure to the
benefit of and shall bind the Parties hereto and their respective successors and assigns,
who shall include their representatives,heirs, trustees, successor trustees,executors,
administrators, successors, assigns,agents,managers, family,associates,partners,
employers, employees,parents,companies,subsidiaries, affiliates,officers,directors,
shareholders,members,accountants,insurers, attorneys,any trust established by them or
of which they are the trustee or beneficiary,and any and all entities in which they are a
shareholder, member,partner,beneficiary,principal,officer,agent or otherwise.
8. Mutual General Release of All Claims: Except with respect to the
obligations set forth in this Agreement,each of the Parties hereby releases the other party
from any and all claims,demands, causes of action,rights, liens, losses, damages,
obligations, and liabilities of any kind or character, whatsoever(whether known,
unknown, or suspected or not suspected), at law or in equity, or otherwise,which either
party may now have or claim to have or to have acquired, against any released party,by
reason of any matter,thing,event, condition,fact, circumstance or transaction arising out
of or relating to the Complaint and the resulting lawsuit(the"Released Claims").
9; Waiver of California Civil Code Section 1542. Each of the parties
acknowledges and agrees that the Released Claims include aA claims,whether known or
unknown, suspected or unsuspected. Each of the parties further acknowledges that he
may hereafter discovery facts different from or in addition to,those which they now
know, or believe to be true with respect to the Released Claims. Nevertheless,the Parties
agree that the foregoing release shall be and remain effective in all respects,
notwithstanding such different or additional facts,or the discovery thereof, and further
hereby expressly waive any and all rights provided in California Civil Code Section
1542 which provides as follows:
"A GENERAL, RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE, CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
10. Entire Agreement/Modification/Waiver. This Agreement contains the
entire agreement of the parties hereto,and supersedes any prior written or oral
agreements between them concerning the subject matter contained herein. There are no
representations,agreements, arrangements or understandings,oral or written,between the
parties hereto, relating to the subject matter contained in this Agreement which are nix
3
fully expressed herein. This Agreement may not be waived, altered,amended or
repealed, in whole or in part,except upon the prior written consent of the parties hereto.
U. Governing Law. This Agreement is made under and shall be governed by
and construed in accordance with the laws of the State of California.
12. Necessary Acts. Each of the parties hereto shall,at the request of any other
party, do all acts and execute all documents necessary to effectuate the terms and
provisions of this Agreement.
13. Independent Evaluation. Each of the Parties hereto represents that it has
been represented or assisted throughout this matter by attorneys and other advisors of its
choosing and has made an independent evaluation of this Agreement, and enters into this
Agreement based solely upon the advice of its selected advisors and its own independent
evaluation and not as the result of any promise,representation or statement of any other
Pam hereto that is not expressly set forth in this agreement. Each of the parties hereto
further represents that it has read this Agreement and understands the terms used herein
and the consequences thereof.
14. No Admission of Liability: Neither the payment of any sum of money nor
the execution or performance of this Agreement shall constitute or be construed as an
admission of any liability whatsoever by any party hereto.
15, No Waiver by Implication: No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provision,whether
or not similar,nor shall any such waiver constitute a continuing waiver. No waiver shall
be binding,unless executed in writing by the party making the waiver.
16. Representative Capacity. Each person who signs this Agreement in a
representative capacity expressly warrants his or her authority to do so. With respect to
the City of palm Springs,the City Council has expressly authorized the City's contracted
City Attorney,the law firm of Woodruff, Spradlin &Smart APC,to execute this
Agreement on its behalf.
17. Construction. The language of each and all paragraphs,terms and/or
provisions of this Agreement shall for all purposes be construed according to its fair
meaning and not strictly for or against any party hereto and without regard to which party
drafted or made changes to all or any portion of this Agreement.
18, Scverability Provision. If any provision of this Agreement shall be held
invalid or inoperative, insofar as reasonable and possible, the remainder of this
Agreement shall be considered valid and operative and its effect shall be given to the
intent manifested by the portion held invalid or inoperative, and the parties authorize any
modifications necessary to these provisions held invalid or inoperative so the parties'
intent may be carried out.
4
19, No Assignment of Claims: Each party represents and warrants that he, it or
she has not assigned,hypothecated,or otherwise transferred any interest in or to any
claim he, it or she is releasing herein and agrees to indemnify, defend and hold harmless
all parties from any liability,claims,demands, damages, costs, expenses,and attorneys'
fees incurred by such parties as a result of the assertion of any claim released hereto by a
person asserting to be an assignee or transferee of such claim.
20. Costs and Fees of Litigation. The Parties hereby acknowledge and agree
that all attorneys' fees and costs incurred on account of, or in any way related to or arising
from,the Complaint, shall be home solely and completely by the party on whose behalf
such attorneys' fees and costs were incurred, and the parties other than the party whose
behalf such attorneys' fees and costs were incurred shall not in any way be liable or
responsible thereof.
21. Counterparts. This Agreement may be executed in separate counterparts.
An electronic or facsimile signature shall be regarded as an original signature for
purposes of this Agreement and shall have the same force and effect as an original
signature upon receipt by the other party.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
5
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date first written above.
POINT CENTER FINANCIAL,INC.
Dated:
/n2/1 Ll0 la' "� V
By: rint n me n tT. _
Its: Y,-.'5 -f+—
PALM SZ.RINGS COUNTRY CLUB
/ANTS,LLCyy��((
Dated: /�� /°� /� h ✓�l�6
By: Point Cent r Financatt Inc
its: Member
THE CITY OF PALM SPRINGS
Dated: I2- `7'l2
By: �it,namel s�.� Mc�r,.rK•. W;z)r.kl �P r
n ��
F-Xt�l E�I "(�
LANDSCAPE GROUND MAINTENANCE AGREEMENT
This Landscape Ground Maintenance Agreement(this"Agreement'}is made as of
December 7,2012(the"Effective Date"j by and between Palm Springs Country Club
Investments,LLC("PSCCI")Point Center Financial,Inc. ('PCF")and the City of Palm Springs
(the"City") and shall be enforceable by the City as expressed in the Settlement Agreement
entered into between PCP and the City with respect to Riverside Superior Court Case No.
INC076710,
RECITALS
A. PSCCI currently owns the property located at 2500 Whitewater Club Drive,Palm
Springs,California, formerly known as the Palm Springs Country Club(the"Subject Property").
B. On April 21,2008,the City filed a complaint against PCF and PSCCI in the Riverside
County Superior Court,Case No. INCO76710 and subsequently filed an amended complaint for
abatement of a public nuisance and civil penalties in connection with the Subject Property
(collectively,the"Lawsuit").
C. In order to resolve the Lawsuit,PCF and PSCCI have agreed to enter into this
Agreement.
NOW THEREFORE, for good and valuable consideration,receipt and sufficiency of which
are hereby acknowledged,the parties hereto agree as follows:
AGREEMENT
1, LANDSCAPE MITIGATION
1.1 Retention of Landscape Maintenance Company: PCF agrees,at its sole cost and
expense,to retain the services of a third party landscape maintenance company, such as Nissho
of California,Inc.,to address the landscaping needs of the Subject Property, Said maintenance
shall include, at a minimum (unless due to an unforeseen contingencies not within the control of
the PCF Defendants or the inability of the maintenance crew to perform its regular work due to
inclement weather or illness),a 2 man crew working 16.1 hours per week from November
through April,and a 2 man crew working 5.5 hours per week from May through October to
address those issues identified in paragraphs 1.2 through 1.7 of this Agreement. The City,in its
sole discretion,may waive this requirement as it deems reasonable.
1.2 Removal of Debris. PCF will ensure that all brush,dead or fallen trees,trash
and/or debris are removed from the Subject Property in a timely and reasonable manner so as to
avoid blight and prevent fire hazard.
824504.1
1.3 Tree Maintenance: PCF will maintain all existing trees,including tamarisk trees,
on the Subject Property and will remove any debris caused by such trees as needed. In the event
of a fallen tree,PCF will promptly remove the fallen tree from the premises.
1.4 Abatement of Graffiti: PCF will continue to abate graffiti on the Subject Property
as needed.
1.5 Abatement of Weeds: PCF will ensure that weeds are promptly removed from the
Subject Property.
1.6 Lawn Mowing: Lawn mowing,where necessary, will take place along the
irrigated areas of the Subject Property.
1.7 Dust Mitigation Measures: PCF will continue to enact dust mitigation measures
such as hydrospray stabilization as needed among the areas of the golf course which are not
being irrigated. The perimeter maintenance road will not be stabilized.
2. ADDITIONAL LANDSCAPE MAINTENANCE PROVISIONS
2.1 PCF agrees that in the event that the City becomes aware of any specific
landscape maintenance issue as described in section 1 above,the City,or any of its
representatives,shall contact a representative of PCF(or the representative of any subsequent
owner of the Property)to advise of the need for immediate maintenance action. Upon receipt of
such notification from the City,PCF agrees that it will address such landscape maintenance issue
within seven(7)days of said notification. Nothing in this Agreement shall prevent the City from
permitting an extension of this seven day period if the City,in its sole discretion,determines that
such an extension is warranted. In order to effectuate the provisions of this Agreement,PCF
shall designate an individual,in writing,to the City to receive such notice on PCF's behalf.
3. COVENANT.
3.1 Covenant. This Agreement shall be recorded against the Property and shall
become a covenant running with the land,which shall bind all future purchasers of said Property,
and obligate said future purchasers to adhere to the terms described herein until such time as the
development of the Property,if any,makes the terms of this Agreement obsolete.
Notwithstanding the foregoing,the City, at its sole discretion,has the authority to release any
owner of the Property from the provisions of this Agreement. Wherein this Agreement,
reference is made to an act required to be performed by PCF and/or PSCCI,such act shall be
deemed to obligate any future owner of the Property in the event of sale or other transfer of the
Property.
3.2 Sale of Property: Subject to the continuing obligations of any future purchaser of
the Property as described in paragraph 3.1 above,upon the sale of the Property,PSCCI and PCF
shall no longer be obligated to adhere to the terms of this Agreement.
Page 2
829504.1
4. GENERAL PROVISIONS.
4.1 Amendments. This Agreement may not be amended except by further agreement
in writing executed by each party to be bound thereby.
4.2 Severabiiity. Whenever possible each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under all applicable laws. However,if
any provision of this Agreement is invalid under any applicable law,such provision shall be
ineffective only to the extent of such invalidity without invalidating the remaining provisions of
this Agreement.
43 Headings. The captions and headings in this Agreement are for convenience only
and shall not affect the construction of any provision of this Agreement.
4.4 Counterparts. This Agreement may be executed in any number of counterparts
and each shall be considered an original and together they shall constitute one Agreement.
Facsimile and/or electronic signatures shall be considered original signatures for purposes of this
Agreement.
4.5 Entire Agreement This Agreement represents the entire understanding between
the parties hereto with regard to the subjects described herein and may only be amended by a
written instrument signed by the party against whom enforcement is sought,
4.6 Governing Law. This Agreement shall be construed in accordance with,and be
governed by,the laws of the State of California,without regard to any rules or principles thereof
regarding choice or conflicts of laws.
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
Page 3
$29504.1
PALM GS COUNTRY CLUB
// TIVM S, LLC
Dated:
By: Point Center F' ncia
Its: Member
POIN TE FINANCIAL, INC.
Dated:
By: rint name
Its:
THE CITY OF PALM SgPdNGS
Dated
By: ri name c� r�i�, 5£ adi,r-Srvti� }
(} n G ME ;A
Page 4
923903.1
SETTLE14iiEN'I'AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT(this"Agreement"),is made and entered
into by and between Point Center Financial, Inc.and Palm Springs Country Club
Investments, LLC (collectively,the "PCP Defendants"),on the one hand,and the City of
Palm Springs, a Municipal Corporation(the"City"), on the other hand. The City and the
PCF Defendants are sometimes referred to herein as"the Parties."
RECITALS
A. Palm Springs Country Club lnvestments,LLC currently owns the property
located at 2500 Whitewater Club Drive,Palm Springs, California; formerly known as the
Palm Springs Country Club(the "Subject Property").
& On April 21,200$,the City filed a complaint against the PCF Defendants
in the Riverside County Superior Court; Case No. INC076710 and subsequently filed an
amended complaint for abatement of a public nuisance and civil penalties(collectively,
the"Complaint")'.
C. The Parties hereto desire to settle their respective rights and liabilities
arising out of,related to or in connection with the Complaint, and in order to effectuate
such a settlement,the Parties have agreed to resolve their disputes in accordance with this
Agreement.
AGREEIREIYT
NOW,THEREFORE, in consideration of the foregoing,and for other good and
valuable considcration,the receipt of which is hereby acknowledged, the parties hereto
hereby agree as follows:
I. Incor2oration of Recitals: The foregoing recital of facts is incorporated
herein and made a part hereof by this reference.
2. Pigment Terms: The total sum of One Hundred Thousand Doltars
($100,Ofl0.00) shall be paid by the PCF Defendants to the City by the close of business on
December 14, 2012. The check will be made payable to The City of Palm Springs and
will be delivered to the law firm of Woodruff, 5pradlin &Smart, counsel for the City:
Other than the obligation to make such payment and the obligation to record the Ground
Maintenance Agreement attached as Exhibit "A"hereto; any other obligations by the PCF
Defendants under this Agreement shall automatically terminate upon the consummation
of any sale, exchange, transfer or other disposition of the Subject Property by the PCF
Defendants to a third party.
3, Ground Maintenance Obligations: The PCF Defendants agree to abide by
the terms of a ground maintenance agreement, a copy of which is attached hereto as
Exhibit "A" and incorporated into this Agreement by this reference(the "Maintenance
Agreement"). Notwithstanding anything to the contrary in this Agreement,the PCF
Defendants' obligation to maintain the Subject Property pursuant to this Agreement shall
automatically terminate upon the consummation of any sale, exchange,transfer, or other
disposition of the Subject Property by PCF to a third party. The PCF Defendants agree
that the Maintenance Agreement shall be recorded against the Property, and that the
ground maintenance obligations, as described in the attached ground maintenance
agreement(Exhibit"A"),shall be a-covenant running with the land and shall forever bind
the owner of said Property, and any subsequent purchasers of the Property to adhere to
the terms thereof until such time as development of the Property,if any, render the
ground maintenance agreement obsolete. The PCF Defendants will take all steps
necessary to record the Maintenance Agreement against the Subject Property as soon as
practicable, but in any event prior to any sale or transfer of the Subject Property to a third
party.
4. Nuisance Taxes: Upon full payment of the $100,000 settlement check to
the City,the City shall release within 10 business days from execution of this Agreement
any and all liens against the Subject Property attributable to or caused by the City and
shall release and deem paid in full any and all nuisance taxes and/or special assessments
against the Subject Property including but not limited to the nuisance tax assessments
identified on the 2009 County tax roll (Riverside County Secured Property Tax Bill Nos.
000354801, 000354802, 000462306, and 000462610). The City will also request that the
County of Riverside release in full any and all tax assessments, special assessments
and/or liens against the Subject Property attributable to the City of Palm Springs,
including but not limited to the nuisance tax assessments identified on the 2009 County
tax roll (Riverside County Secured Property Tax Bill Nos. 000354801, 000354802,
000462306, and 000462610). The City will provide and record any documentation
necessary to accomplish this objective. The City further agrees that,to the extent that
any money is owed and payable directly to the City with respect to said nuisance taxes or
lien in the form of penalties, late payments, interest, etc., the City shall waive such
monies. The Parties agree that the City is not liable under this Agreement for any monies
owed by the PCF Defendants directly to the County of Riverside or any entity or agency
other than the City.
5. Dismissal of Action: Within five(5) business days from the date of the
execution of this Agreement,the City shall dismiss with prejudice the Complaint against
all defendants other than Burnett Development Corporation, including but not limited to
the PCF Defendants and Defendant National Financial Lending,LLC. This agreement
may be enforced by any party hereto by a motion under California Code of Civil
Procedure § 664.6 or by any other procedure permitted by law in the Superior Court of
Riverside.
2
5. Tax and Allocation Consequences Resulting From Payment of Settlement
Funds. The City shall assume all risk and responsibility as to any tax consequences
resulting to it as a result of this settlement and responsibility for any allocation of the
proceeds of the settlement.
7. Binding on Successors and Assigns. This Agreement shall inure to the
benefit of and shall bind the Parties hereto and their respective successors and assigns,
who shall include their representatives,heirs, trustees, successor trustees, executors,
administrators, successors, assigns, agents, managers, family,associates,partners,
employers, employees, parents, companies,subsidiaries,affiliates, officers, directors,
shareholders, members, accountants,insurers, attorneys, any trust established by them or
of which they are the trustee or beneficiary, and any and all entities in which they are a
shareholder, member,partner, beneficiary,principal, officer, agent or otherwise.
8. Mutual General Release of All Claims: Except with respect to the
obligations set forth in this Agreement;each of the Parties hereby releases the other party
from any and all claims,demands,causes of action,rights, liens, losses, damages,
obligations, and liabilities of any kind or character,whatsoever(whether known,
unknown, or suspected or not suspected), at law or in equity, or otherwise,which either
party may now have or claim to have or to have acquired, against any released party, by
reason of any matter, thing, event, condition, fact, circumstance or transaction arising out
of or relating to the Complaint and the resulting lawsuit(the"Released Claims").
9. Waiver of California Civil Code Section 1542. Each of the parties
acknowledges and agrees that the Released Claims include all claims, whether known or
unknown, suspected or unsuspected. Each of the parties further acknowledges that he
may hereafter discovery facts different from or in addition to, those which they now
know, or believe to be true with respect to the Released Claims. Nevertheless,the Parties
agree that the foregoing release shall be and remain effective in all respects,
notwithstanding such different or additional facts, or the discovery thereof,and further
hereby expressly waive any and all rights provided in California Civil Cale Section
1542 which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR,"
10. Entire Agreement/Modification/Waiver, This Agreement contains the
entire agreement of the parties hereto,and supersedes any prior written or oral
agreements between them concerning the subject matter contained herein. There are no
representations, agreements, arrangements or understandings, oral or written,between the
parties hereto, relating to the subject matter contained in this Agreement which are not
3
fully expressed herein. This Agreement may not be waived,altered,amended or
repealed, in whole or in part, except upon the prior written consent of the parties hereto.
11. Governing Law. This Agreement is made under and shall be governed by
and construed in accordance with the laws of the State of California.
12. Necessary Acts. Each of the parties hereto shall, at the request of any other
party, do all acts and execute all documents necessary to effectuate the terms and
provisions of this Agreement.
13. Independent Evaluation. Each of the Parties hereto represents that it has
been represented or assisted throughout this matter by attorneys and other advisors of its
choosing and has made an independent evaluation of this Agreement, and enters into this
Agreement based solely upon the advice of its selected advisors and its own independent
evaluation and not as the result of any promise,representation or statement of any other
party hereto that is not expressly set forth in this agreement. Each of the parties hereto
further represents that it has read this Agreement and understands the terms used herein
and the consequences thereof
14. No Admission of Liability: Neither the payment of any sum of money nor
the execution or performance of this Agreement shall constitute or be construed as an
admission of any liability whatsoever by any parry hereto.
15. No Waiver by Implication_ No waiver of any of the provisions of this
Agreement shall be deemed, or shalt constitute, a waiver of any other provision,whether
or not similar,nor shall any such waiver constitute a continuing waiver. No waiver shall
be binding, unless executed in writing by the party making the waiver.
16. Representative Capacity. Each person who signs this Agreement in a
representative capacity expressly warrants his or her authority to do so. With respect to
the City of Palm Springs, the City Council has expressly authorized the City's contracted
City Attorney, the law firm of Woodruff, Spradlin & Smart APC, to execute this
Agreement on its behalf.
17. Construction. The language of each and all paragraphs,terms and/or
provisions of this Agreement shall for all purposes be construed according to its fair
meaning and not strictly for or against any party hereto and without regard to which party
drafted or made changes to all or any portion of this Agreement.
18, Seyerability Provision. If any provision of this Agreement shall be held
invalid or inoperative, insofar as reasonable and possible, the remainder of this
Agreement shall be considered valid and operative and its effect shall be given to the
intent manifested by the portion held invalid or inoperative, and the parties authorize any
modifications necessary to these provisions held invalid or inoperative so the parties'
intent may be carried out.
4
19, No Assignment of Claims: Each party represents and warrants that he, it or
she has not assigned,hypothecated,or otherwise transferred any interest in or to any
claim he,it or she is releasing herein and agrees to indemnify, defend and hold harmless
all parties from any liability,claims, demands, damages, costs, expenses, and attorneys'
fees incurred by such parties as a result of the assertion of any claim released hereto by a
person asserting to be an assignee or transferee of such claim.
20. Costs and Fees of Litigation. The Parties hereby acknowledge and agree
that all attorneys' fees and costs incurred on account of, or in any way related to or arising
from,the Complaint, shall be borne solely and completely by the party on whose behalf
such attorneys' fees and costs were incurred, and the parties other than the party whose
behalf such attorneys' fees and costs were incurred shall not in any way be liable or
responsible thereof.
21. Counterparts. This Agreement may be executed in separate counterparts.
An electronic or facsimile signature shall be regarded as an original signature for
purposes of this Agreement and shall have the same force and effect as an original
signature upon receipt by the other party.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
5
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date first written above.
POINT CENTER FINANCIAL, INC,
Dated
By: rint name J.
Its: t�isrdeH,�
PALM RINa5 COUNTRY CLUB
gNT. _LC
Dated: l al761 -
BPoint r rinanciTln
Its: Member
THE CITY OF PALM SPRINGS
Dated:
\Byme
Fxoll.�xr tf P\,k
LANDSCAPE GROUND MAINTENANCE AGREEMENT
This Landscape Ground Maintenance Agreement(this"Agreement")is made as of
December 7,2012(the"Effective Date")by and between Palm Springs Country Club
Investments,LLC("PSCCI")Point Center Financial,Inc.('PCF") and the City of Palm Springs
(the "City") and shall be enforceable by the City as expressed in the Settlement Agreement
entered into between PCF and the City with respect to Riverside Superior Court Case No.
1NC076710.
RECITALS
A. PSCCI currently owns the property located at 2500 Whitewater Club Drive,Palm
Springs,California,formerly known as the Palm Springs Country Club (the"Subject Property").
B. On April 21, 2008,the City filed a complaint against PCF and PSCCI in the Riverside
County Superior Court,Case No.INCO767I0 and subsequently filed an amended complaint for
abatement of a public nuisance and civil penalties in connection with the Subject Property
(collectively,the "Lawsuit").
C. In order to resolve the Lawsuit,PCF and PSCCI have agreed to enter into this
Agreement.
NOW THEREFORE,for good and valuable consideration,receipt and sufficiency of which
are hereby acknowledged,the parties hereto agree as follows:
AGREEMENT
1. LANDSCAPE MITIGATION
1.1 Retention of Landscape Maintenance Company: PCF agrees, at its sole cost and
expense,to retain the services of third party landscape maintenance company, such as Nissho
of California,Inc.,to address the landscaping needs of the Subject Property. Said maintenance
shall include,at a minimum (unless due to an unforeseen contingencies not within the control of
the PCF Defendants or the inability of the maintenance crew to perform its regular work due to
inclement weather or illness), a 2 man crew working 16.1 hours per week from November
through April, and a 2 man crew working 5.5 hours per week from May through October to
address those issues identified in paragraphs 1.2 through 1.7 of this Agreement. The City,in its
sole discretion,may waive this requirement as it deems reasonable.
1.2 Removal of Debris. PCF will ensure that all brush,dead or fallen trees;trash
and/or debris are removed from the Subject Property in a timely and reasonable manner so as to
avoid blight and prevent fire hazard.
829504.1
1.3 Tree Maintenance: PCF will maintain all existing trees,including tamarisk trees,
on the Subject Property and will remove any debris caused by such trees as needed. In the event
of a fallen tree,PCF will promptly remove the fallen tree from the premises.
1.4 Abatement of Graffiti: PCF will continue to abate graffiti on the Subject Property
as needed.
1.5 Abatement of Weeds: PCF will ensure that weeds are promptly removed from the
Subject Property.
1.6 Lawn Mowing: Lawn mowing,where necessary, will take place along the
irrigated areas of the Subject Property.
1.7 Dust Mitigation Measures: PCF will continue to enact dust mitigation measures
such as hydrospray stabilization as needed among the areas of the golf course which are not
being irrigated. The perimeter maintenance road will not be stabilized,
2. ADDITIONAL LANDSCAPE MAINTENANCE PROVISIONS
2.1 PCF agrees that in the event that the City becomes aware of any specific
landscape maintenance issue as described in section 1 above,the City,or any of its
representatives,shall contact a representative of PCF(or the representative of any subsequent
owner of the Property)to advise of the need for immediate maintenance action. Upon receipt of
such notification from the City,PCF agrees that it will address such landscape maintenance issue
within seven(7)days of said notification. Nothing in this Agreement shall prevent the City from
permitting an extension of this seven day period if the City, in its sole discretion,determines that
such an extension is warranted. In order to effectuate the provisions of this Agreement, PCF
shall designate an individual,in writing,to the City to receive such notice on PCF's behalf.
3. COVENNANT.
3.1 CovenaLi, This Agreement shall be recorded against the Property and shall
become a covenant running with the land,which shall bind all future purchasers of said Property,
and obligate said future purchasers to adhere to the terms described herein until such time as the
development of Property, if any, makes the terms of this Agreement obsolete.
Notwithstanding the foregoing,the City,at its sole discretion,has the authority to release any
owner of the Property from the provisions of this Agreement. Where in this Agreement,
reference is made to an act required to be performed by PCF and/or PSCCI, such act shall be
deemed to obligate any future owner of the Property in the event of sale or other transfer of the
Property.
3.2 Sale of Property: Subject to the continuing obligations of any future purchaser of
the Property as described in paragraph 3.1 above,upon the sale of the Property,PSCCI and PCF
shall no longer be obligated to adhere to the terms of this Agreement.
Page 2
929$04.1
4. GENERAL PROVISIOI lS.
4.1 Amendments. This Agreement may not be amended except by further agreement
in writing executed by each party to be bound thereby.
4.2 Sev_grahility. Whenever possible each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under all applicable laws. However,if
any provision of this Agreement is invalid under any applicable law,such provision shall be
ineffective only to the extent of such invalidity without invalidating the remaining provisions of
this Agreement.
4.3 Headines. The captions and headings in this Agreement are for convenience only
and shall not affect the construction of any provision of this Agreement.
4A Countertsarts. This Agreement may be executed in any number of counterparts
and each shall be considered an original and together they shall constitute one Agreement.
Facsimile and/or electronic signatures shall be considered original signatures for purposes of this
Agreement..
4.5 Entire Agreement. This Agreement represents the entire understanding between
the parties:hereto with regard to the subjects described herein and may only be amended by a
written instrument signed by the party against whom enforcement is sought.
4.6 Goverrcina Law. This Agreement shall be construed in accordance with,and be
governed by,the laws of the State of California,without regard to any rules or principles thereof
regarding choice or conflicts of laws.
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
Page 3
ar OV
t!""S
US COUNTRY CLUB
// ,LLC
Dated: / J ! ?ry
By: Point Cen ter
Its: Member
PO TE FINANCIAL, INC.
Dated: / /aly
Bp: rint4nme
Its:.
THB CITY OF PALM S US
Dated: f 2- 1 Z
By: ri t n�^yaayme f t E K
Page 4
xzxso3,�
DOC # 2009-0239443
05/13/2009 08:00R Fee:NC
Page 1 of 6
Recorded in Official Records
RECORDING REQUESTED BY: County of Riverside
CRY OF PALM SPRINGS Larry W. Ward
Assessor,
County
ll1Clerk
la CO Reco
r
ld
er if
AND WHEN RECORDED MAIL TO; I IIIIII IIlll�l{III I ll!IIIII I�I�II IIIII III lllll IIII 101
City of Palm Springs — — —P. O. Box 2743 S R U PAGE SIZE DA MISC LONG RFD GOPY
Palm Springs, CA 92263
Attn: Office of the City Clerk M A L 1 465 1 426 PGOR NCOR SMF CH
T' GTY UNI S9
Filing fee EXEMPT per Government Code 6103 E�
Resolution No. 22462
Confirming the Report of Proceedings and Accounting for
the Public Nuisance Abatement Lien and Special
Assessment for the Property Located at
2500 Whitewater Club Drive
11tle of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Adchgonal Recording Fee Applies)
RESOLUTION NO. 22462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF PROCEEDINGS AND ACCOUNTING FOR
THE PUBLIC NUISANCE ABATEMENT LIEN AND
SPECIAL ASSESSMENT LOCATED AT 2500
WHITEWATER CLUB DRIVE.
WHEREAS, from November 2006 through July 2008, the Code Enforcement
Department of the City of Palm Springs conducted numerous site inspections, issued
notices of violation and administrative citations resulting from the public nuisances
found to exist on the property described as 2500 Whitewater Club Drive, Palm Springs,
California, notifying the owners to abate the public nuisances within 30 days of the
citation and/or violation; and
WHEREAS, following the expiration of 30 days after the third administrative citation
provided notice to the owner and other interested parties concerning the City's Notice of
Violation and Order to Abate, the City of Palm Springs applied for and obtained an
Abatement Warrant (Warrant No. ISW7183) from the Riverside County Superior Court
on July 25, 2008, that was issued by the Honorable Randall D. White, Judge of the
Superior Court; and
WHEREAS, on and between July 28, 2008, and September 25, 2008, the City of Palm
Springs, through its City staff and City contractors, executed the Abatement Warrant on
the property described as 2600 Whitewater Club Drive, Palm Springs, California, and
thereby labored to remove all public nuisances existing on said property; and
WHEREAS said property is shown as Assessor's Parcel Nos. 501-190-002-2, 501-190-
011-0, 669-480-027-6, and 669-590-066-1 on the Legal Description (attached hereto as
Exhibit "A'); and
WHEREAS the Director of Building and Safety has reported that notices required in
accordance with Chapter 11.72 of the Palm Spring Municipal Code have been given
and that the owner and other interested parties have refused to comply; and
WHEREAS pursuant to said Code and Division 13, part 1.5 of the Health & Safety
Code, Title 4, Division 3, Part 2, Chapter 10, Article 6 of the Government Code and
California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of
California, the City thereupon abated the public nuisance located on the property
described above.
IIIIl11�I1I1�1N11111111111111fllllllllllllllllllfllll �2�0.2a fieF0@0
Resolution No.22462
'Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the City Council hereby approves the Report of Proceedings and
Accounting (attached hereto as Exhibit "B") of the costs in the total amount of
$60,443.00.
SECTION 2. That a special assessment lien in the amount of $60,443.00 is hereby
imposed upon the property hereinabove described.
SECTION 3. That a certified copy of this Resolution, together with a certified copy of
the Notice of Lien and the Report be filed with the Riverside County Auditor-Controller's
office.
SECTION 4. That the Riverside County Auditor-Controller is respectfully requested to
enter the amount of the assessment on the County Tax Roll opposite the parcel of land
referred to, and that thereafter said amount shall be collected at the same time and in
the same manner as ordinary municipal taxes.
SECTION 5. That a certified copy of this Resolution, together with a certified copy of
the Notice of Lien and the Report shall be recorded with the Riverside County
Recorder's office.
ADOPTED this 15�' day of April, 2009.
�-
David H. Ready, ager
ATTEST:
/.1, mes Thompson, City Clerk
li
IIIIIY IlIII�I IIII III1�IIIIIIIIII IIIII III IIIII IIII Ilfl es20A 2 of eas H�saR
Resolution No.22462
'Page 3
CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS }
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22462 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 15th day of April, 2009,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet
NOES: None.
ABSENT: None.
ABSTAIN: None.
;Jes—Th—ompson, 0�City Clerk / g 0 z ao-7
f Palm Springs, California f
CERTIFIED COPY
j I certfy that this is a true and correct copy of the document
on 51e in the official records of the City of Palm Springs.
L�- �2 �3,-
Depuy City Clerk
This certlricaticm must appear In blue with an originzl
signature.
I
l IIINI�IIi�ll IlII�IIII lllll� ill 111111111111111111111 95�30 8�0f08�00R
EXHIBIT"An
(LEGAL DESCRIPTION)
PARCEL 1:
THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA,ACCORDING TO THE OFFICIAL PLATTHEREOF.
EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
A. DESERT PARK ESTATES NO. 10,AS PER MAP RECORDED IN BOOK 33, PAGE(S)20 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. RANCH COUNTRY CLUB ESTATES NO. 1, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 64
OF MAPS,IN THE OFFICE OF THE RECORDER OF SAID COUNTY,
C. TRACT NO. 4362, AS PER MAP RECORDED IN BOOK 70, PAGE(S) 89 AND 90 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
D. TRACT NO. 4326-1, AS PEP,MAP RECORDED IN BOOK 81, PAGE(S) 29 AND 30 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
E. TRACT 9317, AS PER;MAP RECORDED IN BOOK 91, PAGE(S) 44 AND 45 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
F. TRACT 14029, AS PER MAP'RECORDED IN BOOK 112, PAGE(S)61 AND 62 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL.2:'
LOT 1 OF RANCH COU T,RY ESTATES NO. 1, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALTFOPNTA, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 64 OF
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3;
PARCEL 1 OF THAT LOT LINE ADJUSTMENT NO, 02-12 RECORDED FEBRUARY 26; 2004 AS
INSTRUMENT NO. 2004-134481 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND, SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, SPATE
OF CALIFORNIA, LYING OVER A PORTION OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 35;
THENCE, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 36, NORTH 00 12' 43"
EAST 420.46 FEET;
THENCE, LEAVING SAID NORTH-SOUTH CENTERLINE NORTH 890 SW 13-'WEST 86.65 FEET;
THENCE NORTH 380 42'39"WEST 476,26 FEET;
THENCE NORTH 470 46'07"WEST 450.07 FEET;
IIIIII I II II IIII I�II� IIII IIIIII II��I III I�I�i�� IIII 05 J3�MS 06409fi
THENCE NORTH 610 23'04"WEST 329.68 FEET,
THENCE NORTH 7.80 04' 13"WEST 200.02 FEET;
THENCE SOUTH 800 57' 45"WEST 440.06 FEET;
THENCE SOUTH 750 05'43"WEST 318.05 FEET;
THENCE SOUTH 580 00'55"WEST 386.18 FEET;
THENCE SOUTH 50 14' 30" EAST 769.65 FEET TO THE INTERSECTION OF A LINE PARALLEL TO
AND 554.00 FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, TO THE WEST LINE OF
SAID SECTION 36, WITH A LINE PARALLEL TO AND 160.00 FEET NORTHERLY, WHEN
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 36;
THENCE, ALONG SAID LINE PARALLEL TO THE WEST LINE OF SAID SECTION 36, SOUTH 00 IS'
30"WEST 300.00 FEET,TO THE SOUTH LINE OF SAID SECTION 36;
THENCE,ALONG SAID SOUTH LINE OF SECUON 36, SOUTH 990 45' 52" EAST 2,100,33 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36;
THENCE, ALONG THE SOUTH LINE OF SAID SECTION 36, SOUTH 890 45' S20 EAST 814.00
FEET;
THENCE, LEAVING SAID SOUTH LINE, PARALLEL TO THE WEST LINE OF SAID SECTION 36,
NORTH 00 15' 30" EAST 300.00 FEET TO A LINE PARALLEL TO AND 300.00TEET NORTHERLY
OF SAID SOUTH LINE OF SECTION 36 AND THE TRUE POINT G.F BEGINNING;
THENCE,ALONG SAID LINE PARALLEL TO THE SOUTH LINE OF SECTION 36,SOUTH 890 45' 52"
EAST 718.85 FEET;
THENCE, LEAVING SAID PARALLEL LINE,SOUTH 890 35'48"RW 417.44'FEET;
THENCE SOUTH 880 10'53"EAST 316.61 FEET,
THENCE NORTH 490 27'44"EAST 107,85'FEET)
THENCE NORTH 450 27'43"WEST 330.33 FEET;
THENCE NORTH 820 49 28"WEST 19.54 FEET;
THENCE NORTH 530 11'47"WEST 872.71 FEET;
THENCE SOUTH 746 57' 13"WEST 528.72 FEET;
THENCE SOUTH 00 08'38"WEST 30.73 FEET,
THENCE SOUTH 720 41'33"WEST 113.63 FEET,
THENCE SOUTH 30 29'01"EAST 610.32 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 4:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION- 36,
TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO THE-OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTHEAST
QUARTER;
THENCE SOUTH 890 57' 00" EAST, ALONG THE SOUTH LINE OF SAID SOUTH HALF OF THE
SOUTHEAST QUARTER,A DISTANCE OF 240.00 FEET;
THENCE NORTH 700 00' DO"WEST 105.00 FEET,
THENCE SOUTH 750 12'28"WEST, 59.03 FEET;
THENCE NORTH 310 00' 00" WEST, A DISTANCE OF 163,00 FEET, TO A POINT ON THE WEST
LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER;
THENCE SOUTH 00 06 30" WEST ALONG SAID WEST LINE, A DISTANCE OF 16DA0 FEET TO
THE POINT OF BEGINNING.
I111lIIIIIIIIIIiIIIIIIII1111 Hull 1111111 IIIIIIIIIIII 052A8s 0f,a$�R
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF
THIS REPORT WOULD BE AS FOLLOWS:
A GENERAL AND SPECIAL PROPERTY TAXES,AND ANY ASSESSMENTS COLLECTED WITH
TAXES, INCLUDING UTILITY ASSESSMENTS, ARE A LIEN NOT YET PAYABLE TO BE
LEVIED FOR THE FISCAL YEAR 200812009.
B. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007-2008.
AMOUNT TO REDEEM PRIOR TO 7ULY 31,2008: $8,817.30
AMOUNT TO REDEEM PRIOR TO AUGUST 31, 2D08: $6,935.45
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $9,053.60
CODE NO.: 011-059
PARCEL NO.: 501-190-002-2
C. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007-2008,
AMOUNT TO REDEEM PRIOR TO 7ULY 31,200& $27,518.83
AMOUNT TO REDEEM PRIOR TO AUGUST 31, 2008: $77,888.57
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $26,258.31
CODE NO.: 011-005
PARCEL NO.: 501-lw-oli-0
D. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON'-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007-2008.
AMOUNT TO REDEEM PRIOR TO 7ULY 31, 2008: $8,964.99
AMOUNT TO REDEEM PRIOR TO AUGUST 31,2008: $9,085.13
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $9,205.27
CODE NO.: 011-011
PARCEL NO.: 669-480-027-6
E. SAID PROPERTY HAS BEEN DECLARED TAX-DEFAULTED FOR NON-PAYMENT OF
DELINQUENT TAXES FOR THE FISCAL YEAR 2007/2008.
AMOUNT TO REDEEM PRIOR TO 7ULY 31, 2008: $134.27
AMOUNT TO REDEEM PRIOR TO AUGUST 31, 2008: $135.61
AMOUNT TO REDEEM PRIOR TO SEPTEMBER 30,2008: $136,95
CODE NO.: 011-052
PARCEL NO.: 669-590-066-1
i��� Illl�t����II��I Illll IIII�I lull �����IIII III) 05/@V 8�NA
EXHIBIT "B"
PROCEEDINGS AND ACCOUNTING REPORT
PUBLIC NUISANCE ABATEMENT
I LOCATION/LEGAL: See Exhibit"A"attached hereto.
Assessor's Parcel Numbers: 501-190-002-2, 501-190-011-0,669-480-027-6,
669-590-066-1
Address: 2500 Whitewater Club Drive, Pahn Springs, California
II OWNER OF RECORD: Palm Springs Country Club Investments, LLC
30900 Rancho Viejo Rd., Suite 100
San Juan Capistrano, CA 92675
Note: The LLC is comprised of 92 individual investors
and National Financial Lending, and is managed by
Point Center Financial, which is also responsible for
maintenance of the property located at 2500
Whitewater Club Drive, Palm Springs, California.
III PROCEDURE:
A. Public Nuisance Posting: 01/02/2008, 02/11/2008,03/10/2008,06/03/2008
B. Non-Compliance: 11/9/2007 through present
C. Bid Solicitation: 07/28/2008, 8/18/2008, 9/18/2008
D. Obtain Abatement Warrant: 07/25/2008, 08/11/2068, 08/27/2008, 09/11/2008
E. Abatement Work Complete: 09/25/2008
F. Notice of Special Assessment- 03/30/09
IV: ACCOUNTING:
Abatement: $ 8,775.00
Administrative: S 24,745A0
City Attorney: $ 26,923.00
Total: 43 0Q
N DU KWORTH, CBO
Director of Building& Safety
II IIi {Illllll11111�Iil�Illll lllll{ll111 IN ®5�3 0 B 8 00R