HomeMy WebLinkAbout05881 - FAMILY YMCA OF THE DESERT PURCHASE OF 3601 E MESQUITE AVE DOC # 2010-0145839
03/31/2010 08:OOA Fee:NC
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Recording Requested By Recorded in Official Records ai
County of Riverside
Fire' AMPrIcan Title Company Larry W. Ward
When Recorded Mail to: I Assessor,
9rlll CountyI Clerk &Ilil II II Recorder
ed II III
Community Redevelopment Agency of
the City of Palm Springs
3200 Tahquitz Canyon Way S R U PAGE SIZE DA I MISC LONG RFD COPY
Palm Springs, CA 92262 c
M A L 1 4135 426 1 PCOR: NCOR E M
A680-120-032-0 SPACE A SMCH
T ZCTY UNI
No Fee-Gout. Code Sections 6103 and 27383
GRANT DEED 04s
** A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FAMILY YMCA OF
THE nESERT;*hereby GRANTS to the CITY OF PALM SPRINGS, a municipal corporation and
charter city, as to an Undivided Fifty Percent (50%) Interest, and to the REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic, as to an
Undivided Fifty Percent(50%)Interest, all that real property situated in the County of Palm Springs,
State of California, described as follows:
(See Attachment "A", incorporated herein by this reference)
FAMIL YMCA FAA
ESEAT
Zr
Re Ballew
Dated: `J rC�G r 1 2010
(DOCUMENT PREP❑A7 kl
F5zlua.l
�pF pALM
N City of Palm Springs
. Office of the City Clerk
h . • 3J00 li.Thquitz Canyon Way • Palm Springs, California 92262
rto
( P./FORN� "lel: (76[1) Z -73Z(14 • fax: (760) 22-8332 Weh: www.pxlnisprinys,x.yuv
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
GRANT DEED
Real property in the City of Palm Springs, County of Riverside, State of California,
as described:
Land described in Exhibit "A"
APN: 680-120-032-0
dated: March 24, 2010
from,
Family YMCA of the Desert
Grantor, to the City of Palm Springs, a municipal corporation and charter city
("City"), and to the Community Redevelopment Agency of the City of Palm Springs,
a public body corporate and politic ("Agency'), (City and Agency shall be referred to
herein collectively as "grantees"), is hereby accepted by the City Clerk of said City,
by the order of the City Council of the City of Palm Springs, on the 25th day of
March 2010, pursuant to authority granted by the City Council of said City, by
Resolution No. 20255 made on the 16th day of January, 2002, and the Grantees
consent to recordation thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 25th day of March, 2010.
;//'JIES THOMPSON
ity Clerk and Assistant Agency Secretary
0
Post Office Box 2743 9 Palm Springs, California 92263-2743
Attachment "A" to Exhibit "C" (Form of Grant Deed)
LEGAL DESCRIPTION
Real Property in the City of Palm Springs, County of Riverside, State of Califbnva, described as
follows:
THAT POWI'ION OF LOT 10 IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON MAP OF PALM VALLEY
COLONY LANDS, ACCORDING TO MAP THEREOF ON FILE IN BOOK 14 PAGE 652 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, BEING IN THE CITY OF
PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NOWrlIWEST CORNER OF TRACT NO. 7290, AS SHOWN BY
MAP ON FILE IN BOOK 87 PAGES 5 THROUGH 7, INCLUSIVE OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE SOUTH 00 11 ' 45" EAST, ALONG THE WESTERLY BOUNDARY LINE OF SAID
"TRACT NO. 7290, A DISTANCE OF 36.14 FEET TO A POINT ON THE ARC OF A
NONTANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 500.00
FEET, SAID POINT BRING A POINT 1N THE CENTERLINE OF MESQUITE AVENUE;
THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE CENTERLINE OF
MESQUITE AVENUE AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 40 36' 23", A DISTANCE OF 40.20 FEET TO A POINT OF INTERSECTION
WITH THE WESTERLY LINE OF SAID LOT 10, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE RETRACTING SOUTHEASTERLY ALONG THE ARC OF SAID 500.00 RADIUS
CURVE„ THROUGH A CENTRAL ANGLE OF 31°33' 29", A DISTANCE OF 275.40 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 530 38' 23" EAST, A DISTANCE OF 110.98
FEET,-
THENCE SOUTH 360 21' 37" WEST, A DISTANCE OF 483.78 FEET;
THENCE NORTH 530 38' 23" WEST, A DISTANCE, OF 73.09 FEET TO THE WESTERLY
LINE OF SAID LOT 10;
THENCE NORTH 00 11' 45" EAST ALONG SAID WESTERLY LINE, A DISTANCE. OF
507.65 FEET TO THE TRUE POINT OF BEGINNING.
APN: 680-120-032-0
652188.1
AACXN0 VVLEJ)C,NT
State of Celiforuia J
County of or, --A:
j before me,,
4 E'h
(her,iosxt name and title of the officer
Personallyappcared L,j�
who proved to me on the basis of satisfactory evidence to be the person(s)whose namels) tsiare
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 bas/hcr/their sigoature(s)ou the instrwnent
the person(s), of the entity uport behalf of which the person(s) acted, executed the instrument
I ccitihy under PENALTY OF pEX URY under the laws of the State of Califoxnia that the
foregoing paragraph is true and correct
WITNESS my baud and official seal_
Cft
"r 1876+00
1r \ 1r
Signature
(Seal)
NOTARY SEAL
Under the provisions of Government Code 27361 .7, 1 certify
under the penalty of perjury that the Notary Seal on the
p Y p J rY rY
document to which this statement is attached reads as
follows:
Name of Notary: ti
Commission #; i .� `l, 1 C7 0
Date Commission Expires: cT
County where Bond is filed �`-�—
PLACE OF EXECUTION: RIVERSIDE
DATE: ?�"s� v
SIGNATURE:
REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
The CITY OF PALM SPRINGS, a municipal corporation and charter city ("City"), the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public
body, corporate and politic("Agency") (City and Agency shall be referred to herein collectively as
"Buyer"),and FAMILY YMCA OF THE DESERT, a California Non-Profit Organization
enter this Agreement, effective as of 12010.
RECITALS:
A. The City is a municipal corporation invested with the power to make and enforce all
ordinances and regulations with respect to municipal affairs within its j uzisdiction,including,
without limitation, the purchase of property for recreational purposes.
B. The Agency is responsible for implementing the redevelopment plan for the Merged
Redevelopment Project Area No. 1 ("Project Area"). Califomia Community Redevelopment
Law authorizes the Agency to purchase property foT redevelopment purposes.
C. The Seller owns certain real property in proximity of the Project Area, in the City of Palm
Springs, at 3601 East Mesquite Avenue,more particularly described in Exhibit"A",attached
(the"Property").
D. To further redevelopment in the Project Area, the Buyer wants to purchase the Property on
the terms and conditions set forth in this Agreement.
AGREEMENT:
1 Purchase and sale. Seller sells the Property to Buyer, and Buyer purchases the Property
from Seller, subject to the terms set forth in this agreement. City and Agency agree that, as
the Buyer,they each purchase a 50%undivided interest in the Property and are each liable to
contribute 50% of the purchase price.
2 Conditions precedent. Escrow Closing and Buyer's obligation to purchase the Property are
subject to the satisfaction of the following conditions precedent. The conditions are solely
for Buyer's benefit unless otherwise indicated. Except as otherwise expressly stated herein,
in all actions under this Agreement the City shall act,on behalf of the Agency,as the point of
contact for the Seller and the Escrow Agent. Notwithstanding the foregoing, the Agency
shall take the following actions separate from the City: approval by the Agency of the
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Agreement,execution of the Agreement and escrow documents by the Agency,the provision
of required notices after the Agreement is executed, and amendment or cancellation of the
Agreement.
Each condition must be satisfied or Buyer must waive it in writing within the time provided.
If no time is stated, then the condition must be satisfied within a reasonable time_ If any
condition is not timely satisfied, the Buyer may waive the condition and close escrow, or it
may terminate this Agreement by giving the Seller and Title Company l0 days' written
notice. After expiration of the 10 days,this Agreement, and any escrow will terminate. The
Title Company will return any documents and money deposited into escrow to the depositor,
after deducting any escrow cancellation fee, and Buyer will have no further obligation to
Seller.
2.1 Buyer's right to enter property. Seller grants Buyer, or Buyer's agents, the right,
upon 24 hours notice,to enter onto the Property to conduct tests and investigations,if
all the following occur: (a) Buyer conducts tests and investigations at its sole cost
and expense, (b) the tests or investigations do not unreasonably interfere with
Seller's possession, (c)Buyer indemnifies and holds Seller harmless from any costs
or liability resulting from the tests and investigations and, if the escrow is canceled
for a reason that is not the fault of Seller, for any damage to the Property resulting
from conducting the tests and investigations.
3 Purchase price. The purchase price for the Property is Four hundred Three Thousand,Two
Hundred Ninety Three Dollars ($403,293). Buyer will pay the purchase price under the
terms described in Section 7.2 below. The Buyer shall make an Initial Payment of
$203,293.00 at closing and make a note to the Seller. The balance of$200,000.00 shall be
paid over a one year period by the Agency. Agency shall also deposit a Promissory Note in
the form attached as Exhibit"B" for the remaining balance to be paid in one installment of
S200,000.
4 Prior Agreement. The parties to this Repurchase Agreement recognize that the City/Agency
repurchased the property pursuant to Section 3.2 of the July 23, 2003 Agreement which
established the repurchase cost. In addition,the parties recognize that the rmutual goal of the
July 23 Agreement and this Repurchase Agreement is to provide facilities and funding to
benefit youth and families through programming at the property. The City and Agency will
endeavor to support the facility and youth programs as they,in their absolute discretion, find
appropriate.
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5 Seller's warranties. Seller represents and warrants that: (a) Seller owns the Property, fhe
and clear of all liens, licenses, claims, encumbrances, easements, encroachments on the
Property from adjacent properties,encroachments from the Property onto adjacent properties,
and any rights of way, other than those disclosed by the public record; (b) Seller has no
knowledge of any pending litigation involving the Property, (c) Seller has no knowledge of
any violations of, or notices concerning defects or noncompliance with, any code, statute,
regulation, ordinance,judicial order, or judicial holding concerning the Property; and (d)
Seller has no knowledge of any hazardous materials or substances stored, discharged, or
otherwise present in, on, or affecting the Property. These warranties shall survive the
Closing and the recording of the grant deed. Other than as expressly warranted above, Seller
conveys and Buyer accepts the property"as is".
6 Property Occupation. Seller shall not rent, re-rent, or otherwise permit any lease or
sublease of the Property before Closing and after Seller executes this Agreement.
7 Opening escrow. The parties will open an escrow with The Escrow Connection, (the
"Escrow Company"), 1111 East Tahquitz Canyon Way Suite 107,Palm Springs,CA 92262,
Attention: Kathy Kleindienst, Escrow Officer.
7.1 Agreement as joint escrow instructions. This Agreement, when signed by the
parties and deposited with the Title Company will be the parties' joint escrow
instructions. Buyer and Seller will sign any other form instructions that the Title
Company may require.
7.2 Deposits into escrow. Buyer and Seller will deposit all instruments, documents,
money, and other items with the Title Company that(i)this Agreement identifies or
(ii)Title Company requires to effect the Closing on the date specified below. Seller
will deposit a recordable grant deed, substantially in the form attached as Exhibit
"C,"into the escrow or conditionally deliver it to Buyer within five days after Buyer
signs this Agreement.
7.3 Title. Seller will convey title of the Property to Buyer free and clear of all title
defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse
interests of record or known to Seller.
7.4 Title and closing costs. Seller will pay any costs of clearing and conveying title in
the condition described in Section 7.3, above. Buyer will pay the costs of a CLTA
owner's title policy insuring Buyer's title in the condition described in Section 7.3,
escrow fees, and costs to record the grant deed. Buyer and Seller will pay any other
costs according to the custom in Riverside County.
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7.5 Closing. The escrow will be considered closed ("Closing" or "Close" or the
"Closing Date") on the date that the Title Company records the grant deed. The
escrow will be in condition to Close when any conditions to Close are satisfied or
waived,the Title Company is prepared to issue the title policy described herein,and
the Title Company is otherwise able to record the grant deed. The escrow will
continue in effect until Closing unless Buyer or Seller gives a 30-day written demand
to terminate the escrow. If Seller demands that escrow terminate,then Buyer,within
the 30 days, may either (a) deposit the Initial Payment and Promissory Note into
escrow, and Title Company will Close escrow, or, (b) it may agree to the demand,
and the Title Company will terminate the escrow and return all funds or all
documents, less any termination fee, and this Agreement will be of no further effect
except as herein provided.
7.6 Disbursements. At Closing, Title Company may disburse the Initial Payment, less
Seller's costs to clear title, prorations and other costs, if any, to Seller, when Title
Company is committed to issue a standard CLTA owner's title insurance policy to
Buyer insuring its fee title in the condition set forth in Section 7.3, above, for the
purchase price or other lesser amount that Buyer designates.
T7 Prorations. At Closing, the Title Company will prorate the following, between
Seller and Buyer,based on a 30-day month: real property taxes,special assessments,
and rents, if any.
7.8 Risk of loss. Any loss or damage,to the Property or any improvements on it,before
Closing is at Seller's risk.
7.9 Broker. Each party represents and warrants that it has not engaged a broker or real
estate agent for this transaction, and no conunissions are payable concerning this
purchase and sale.
8 Delivery of Possession. Seller shall deliver possession at Closing, subject to Buyer's
responsibilities under applicable law to relocate any occupants.
652188,1
Palm Springs/RDA/YMCA PSA
2010
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9 Miscellaneous Provisions.
9.1 Further Assurances. Each party will sign and deliver further documents, or take
any further actions required to complete the purchase and sale described herein_
9.2 Notices. All notices and other communications required or permitted wider this
Agreement shall be in writing and duly given on the date of service, if(a) served
personally on the person to receive the notice, (b)delivered by depositing the notice
or communication in the U. S. mail, postage prepaid, and addressed to the relevant
party at the address set forth below, or(c)by facsimile that provides a transmission
confirmation showing the date and time transmitted.
To Seller:
Family YMCA of the Desert
Attn: Rob Ballew, Executive Director
43-930 San Pablo Avenue
Palm Desert, CA 92260
Fax No.: 760-779-9651
To Buyer:
City of Palm Springs
Attention: City Manager
3200 Tahquitz Canyon Way
Palm. Springs, CA 92262
Fax No.: 760-323-8207
and
Community Redevelopment Agency of the City of Palm
Springs
Attention: Executive Director
3200 Tahquitz Canyon Way
P.O. Box 2743
Paler. Springs, CA 92262
Fax No.: (760) 323-8207
652199.1
Palm Springs/RDA/YMCA PSA
2010
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9.3 Entire Agreement. Each Exhibit referred to in this Agreement is by that reference
incorporated into and made a part of this Agreement. This Agreement is the entire
agreement between the parties regarding the purchase and sale of the Property, and
supersedes all prior discussions,negotiations,commitments or understanding,written
or oral.
9.4 Amendment or Cancellation. Buyer and Seller may amend or cancel this
Agreement only by mutual written consent of the patties,unless otherwise expressly
provided herein.
9.5 Successors and Assigns. This Agreement is binding upon and shall inure to the
benefit of each party, and each party's heirs, successors,assigns,trans ferees,agents,
employees or representatives. The Buyer may assign this agreement and its rights
hereunder.
9.6 Time of the Essence. Time is of the essence of each term in this Agreement.
9.7 Attorneys' Fees. If any party hereto or the Title Company begins any action,
proceeding, or arbitration arising out of this Agreement,then as between Buyer and
Seller, the prevailing party shall be entitled to receive from the other party, besides
any other relief that may be granted, its reasonable attorneys' fees, costs, and
expenses incurred in the action, proceeding, or arbitration-
9-8 Governing Law. This Agreement and the legal relations between the parties shall be
governed by and construed according to California law. Venue for the filing of any
action to en force or interpret this Agreement or any rights and duties hereunder shall
be in Palm Springs, Cali Comm.
9.9 Headings. The section headings in this Agreement are for convenience only. The
headings are not part of this Agreement and shall not be used to construe it.
9.10 Waiver. Tf any party waives a breach of any provision herein,the waiver will not be
a continuing waiver or a waiver of any subsequent breach of that or any other
provision of this Agreement.
9.11 Severability. The provisions of this Agreement are severable. The invalidity or
unenforecability of any provision in this Agreement will not affect the other
provisions.
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9.12 Interpretation. This Agreement is the result of the combined efforts of the parties.
If any provision of this Agreement is found ambiguous, the ambiguity will not be
resolved by construing this Agreement in favor or against any party, but by
construing the terns according to their generally accepted meaning.
9.13 Precedence of documents. if any conflict exists between the body of this
Agreement and any Exhibit or Attachment to it, the provisions of the body of this
Agreement will control and take precedence over the Exhibit or Attachment.
9.14 Counterparts. This Agreement may be executed in counterparts, each of which
when executed and delivered will be deemed an original, and all of which together
will constitute one instrument.
9.15 Survival. All representations and warranties,indemnifications,and other provisions
which,by their nature are intended to continue,shall survive Closing and delivery of
the grant deed.
IN WITNESS WHEREOF,the parties have duly executed this Lease together with the herein
referred to Exhibits which are attached hereto, on the day and year first above written in Palm
Springs, California.
[Signatures on the following page.]
65218E 1
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ATTEST: `BLTYER"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
_ SPRINGS, a Public Body, Corporate and
Politic
By B�,��—���
Assistant Secretary Executive Dia,2et
THE CITY OF PALM SPRINGS, a
Municipal Corporation and Charter City
By.
YEVIEWED
Clerk
City Manager
AND APPROVED I JI/J
WO UFF, SPRADLIN & SMART APPROVED BY CITY COUNCIL
_ - (�h �a�1b 1•a�1��3�
d
D glas C. 13alk id
rty Attorney and
Agency Counsel r°
APPROVED BY CITY COUNCILc'('�SELLER"
FAMILY YMCA OFFTTHE D T
( l: r� ��By
Its: GNU
By:
Its:
6511 RR I
Palm Spriugs/RDA/YMCA PSA
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Exhibit "A"
LEGAL DESCRIPTION
Real Property in the City of Palm. Springs, County of Riverside, State of California, described as
follows:
THAT PORTION OF LOT 10 IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON MAP OF PALM VALLEY
COLONY LANDS, ACCORDING TO MAP THEREOF ON FILE IN BOOK 14 PAGE 652 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, BEING IN THE CITY OF
PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT NO. 7290, AS SHOWN BY
MAP ON FILE IN BOOK 87 PAGES 5 THROUGH 7, INCLUSIVE OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE SOUTH 00 11' 45" EAST, ALONG THE WESTERLY BOUNDARY LINE OF SAID
TRACT NO. 7290, A DISTANCE OF 36.14 FEET TO A POINT ON THE ARC OF A
NONTANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 500.00
FEET, SAID POINT BEING A POINT IN THE CENTERLINE OF MESQUITE AVENUE;
THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE CENTERLINE OF
MESQUITE AVENUE AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 40 36' 23", A DISTANCE OF 40.20 FEET TO A POINT OF INTERSECTION
WITH THE WESTERLY LINE OF SAID LOT 10, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE RETRACTING SOUTHEASTERLY ALONG THE ARC OF SAID 500.00 RADIUS
CURVE, THROUGH A CENTRAL ANGLE. OF 31°33' 29", A DISTANCE OF 275.40 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 530 38' 23" EAST, A DISTANCE OF 110.98
FEET;
THENCE SOUTH 360 21' 37" WEST, A DISTANCE OF 483.78 FEET;
THENCE NORTH 530 38' 23"WEST, A DISTANCE OF 73.09 FEET TO THE WESTERLY
LINE OF SAID LOT 10;
THENCE NORTH 00 11' 45" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF
507.65 FEET TO THE TRUE POINT OF BEGINNING.
APN: 680-120-032-0
652199.1
Palm Springs/RDA/YMCA PSA
2010
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Exhibit"B"
FORM OF PROMISSORY NOTE
G521$$,I
Palm Springs/RDA/YMCA PSA
2010
Page 11 of 15
PROMISSORY NOTE
$200,000.00 Palm Springs, California
, 2010
FOR VALUE RECEIVED, the COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS,a public body,corporate and politic("Obligor")promises to pay to the
Family YMCA of the Desert, ("Holder"), the principal sum of Two Hundred Thousand Dollars
(U.S.$200,000.00)in legal currency of the United States, on the terms described in this Note. This
note is made with reference to the sale of properly located at 3601 East Mesquite Avenue, Palm
Springs, California, from the Holder to the Obligor.
At the closing of escrow, Obligor shall pay the sum of Two Hundred Three Thousand Two
Hundred and Ninety Three Dollars(U.S. $203,293.00)to Holder. On August 1,2010, Obligor shall
pay the sum of Two Hundred Thousand Dollars (U.S. $200,000.00)the balance the amount due to
Holder.
This Note is entered into and shall be governed by the laws ofthe State of California,without
reference to principles of conflicts or choice of law. Obligor consents to jurisdiction over in any
state or federal court situated in the County of Riverside, State of California,on any action based on
or arising out of this Note.
If this Note is enforced or collected through legal proceedings,including without limitation
probate, bankruptcy or other judicial proceedings by an attorney or is placed in the hands of an
attorney for collection after default or maturity,then Obligor shall pay a reasonable attorneys fee for
collection.
Each person or entity executing this Note and any person or entity who is a guarantor,surety
or endorser of this Note, is jointly, severally, fully and personally liable for the satisfaction of all of
the duties and obligations under this Note, including without limitation, the promise to pay the full
amount owed.
Anyperson or entity who takes over the any duties and obligations under this Note,including
without limitation,the obligations of a guarantor,surety or endorser of this Note,is also liable for the
satisfaction of all such duties and obligations. Holder may enforce its rights under this Note against
each such person or entity individually or against all such persons or entities together.
Each Obligor,accommodator,guarantor,surety and endorser of this Note,for itself and each
of its respective representatives, successors and assigns, expressly waives presentment, demand,
esa ss 1
Palm Springs/RDA/YMCA PSA
2010
Page 12of15
protest,notice of dishonor,notice of non-payment,notice of maturity,notice of protest,diligence in
collection and any exemptions under applicable insolvency laws.
No delay or failure by Holder in the exercise of any rights or remedy provided for hereunder
shall be deemed a waiver of any other right or remedy which Holder otherwise may have under orby
reason hereof. No waiver of any payment or performance due under this Note shall operate as a
waiver of any other payment or performance.
"OBLIGOR" "HOLDER"
Community Redevelopment Agency of the City Family YMCA of the Desert.
of Palm Springs, a public body, corporate and
politic.
By: By:
Its: Its:
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Exhibit"C"
FORM OF GRANT DEED
652188.1
Patin Springs/RDA/YMCA PSA
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Page 14 of 15
When Recorded Mail to:
Conuuunity Redevelopment Agency of
the City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
APN [APN] SPACE ABOVE THiS LINE FOR RECORDER'S USE
No Fee-Gout.Code Sections 6103 and 27383
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, [NAME OF
GRANTOR], hereby GRANTS to the CITY OF PALM SPRINGS, a municipal corporation and
charter city, as to an Undivided Fifty Percent (50%) Interest, and to the REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic, as to an
Undivided Fifty Percent(50%)Interest,all that real property situated in the County ofPalm Springs,
State of California, described as follows.-
(See Attachment"A", incorporated herein by this reference)
[NAME OF GRANTOR]
Dated: 2010
1 DOCUMENT PREP DATE]
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Attachment "A" to Exhibit "C" (Form of Grant Deed)
LEGAL DESCRIPTION
Real Property in the City of Palm Springs, County of Riverside, State of California, described as
follows:
THAT PORTION OF LOT 10 IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON MAP OF PALM VALLEY
COLONY LANDS, ACCORDING TO MAP THEREOF ON FILE IN BOOK 14 PAGE 652 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, BEING IN THE CITY OF
PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT NO. 7290, AS SHOWN BY
MAP ON FILE. IN BOOK 87 PAGES 5 THROUGH 7, INCLUSIVE OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA;
THENCE SOUTH 00 11' 45" EAST, ALONG THE WESTERLY BOUNDARY LINE OF SAID
TRACT NO. 7290, A DISTANCE OF 36.14 FEET TO A POINT ON THE ARC OF A
NONTANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 500.00
FEET, SAID POINT BEING A POINT IN THE CENTERLINE OF MESQUITE AVENUE;
THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE CENTERLINE OF
MESQUITE AVENUE AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 40 36' 23", A DISTANCE OF 40.20 FEET TO A POINT OF INTERSECTION
WITH THE WESTERLY LINE OF SAID LOT 10, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE RETRACTING SOUTHEASTERLY ALONG THE ARC OF SAID 500.00 RADIUS
CURVE, THROUGH A CENTRAL ANGLE OF 31°33' 29", A DISTANCE OF 275.40 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 530 38' 23" EAST, A DISTANCE OF 110.98
FEET;
THENCE SOUTH 360 21' 37" WEST, A DISTANCE OF 483.78 FEET;
THENCE NORTH 530 38' 23" WEST, A DISTANCE OF 73.09 FEET TO THE WESTERLY
LINE OF SAID LOT 10;
THENCE NORTH 00 1 F 45" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF
507.65 FEET TO THE TRUE POINT OF BEGINNING.
APN: 680-120-032-0
652188.1
PROMISSORY NOTE
$200,000.00 Palm Springs, California
, 2010
FOR VALUE RECEIVED, the COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, a public body, corporate and politic ("Obligor")
promises to pay to the Family YMCA of the Desert, ("Holder"), the principal sum of
Two Hundred Thousand Dollars (U.S.$ 200,000.00) in legal currency of the United
States, on the terms described in this Note. This note is made with reference to the sale
of property located at 3601 East Mesquite Avenue, Palm Springs, California, from the
Holder to the Obligor.
At the closing of escrow, Obligor shall pay the sum of Two Hundred Three Thousand
Two Hundred and Ninety Three Dollars (U.S. $203,293,00) to Holder. On August 1,
2010, Obligor shall pay Two Hundred Thousand Dollars ($U.S. $200,000) the balance of
the amount due to Holder.
This Note is entered into and shall be governed by the laws of the State of California,
without reference to principles of conflicts or choice of law. Obligor consents to
jurisdiction over in any state or federal court situated in the County of Riverside, State of
California, on any action based on or arising out of this Note.
If this Note is enforced or collected through legal proceedings, including without
limitation probate, bankruptcy or other judicial proceedings by an attorney or is placed in
the hands of an attorney for collection after default or maturity, then Obligor shall pay a
reasonable attorney's fee for collection_
Each person or entity executing this Note and any person or entity who is a guarantor,
surety or endorser of this Note, is jointly, severally, fully and personally liable for the
satisfaction of all of the duties and obligations under this Note, including without
limitation, the promise to pay the full amount owed.
Any person or entity who takes over the any duties and obligations under this Note,
including without limitation, the obligations of a guarantor, surety or endorser of this
Note, is also liable for the satisfaction of all such duties and obligations. Holder may
enforce its rights under this Note against each such person or entity individually or
against all such persons or entities together.
Each Obligor, accotmnodator, guarantor, surety and endorser of this Note, for itself and
each of its respective representatives, successors and assigns, expressly waives
presentment, demand, protest, notice of dishonor, notice of non-payment, notice of
maturity, notice of protest, diligence in collection and any exemptions under applicable
insolvency laws.
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5549042
No delay or failure by Holder in the exercise of any rights or remedy provided for
hereunder shall be deemed a waiver of any other right or remedy which Holder otherwise
may have under or by reason hereof. No waiver of any payment or performance due
under this Note shall operate as a waiver of any other payment or performance.
"OBLIGOR" "HOLDER„
Cormmunity Redevelopment Agency of the Family YMCA of th Desert. F
City of Palm Sprinbs, a public body, -
corporate and politic.
By: C�
By: Its:
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Gsi - APPRCVED BY CITY COUNCIL A-C�
ATTEST: �J'I PUl
s istant Secretary
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