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HomeMy WebLinkAbout3/17/2004 - STAFF REPORTS (24) Ti-2- DATE: March 17, 2004 TO: City Council FROM: Director of Public Works/City Engineer PARCEL MAP NO. 30292 RECOMMENDATION: It is recommended that the City Council consider the following actions: 1. Approve Parcel Map No. 30292 prepared by Fomotor Engineering, representing Northwoods-Palm Springs, LLC, a California Limited Liability Company, to subdivide a lease-hold interest in the property located at 1700 Araby Drive, in Section 25, Township 4 South, Range 4 East; and 2. Approve a Subdivision Agreement regarding monumentation terms and provisions for the acquisition of a fee-interest in the lease-hold interest of easements for a bus shelter, bike path and sidewalk required by Tentative Parcel Map 30292. SUMMARY: Fomotor Engineering, representing Northwoods-Palm Springs, LLC, has prepared a two parcel, Parcel Map for subdivision of the lease-hold interest of property located at 1700 Araby Drive, in Section 25, Township 4 South, Range 4 East. The lease-hold interest exists through June 3, 2059. The purpose of this Parcel Map is to convert and merge 43 existing record parcels into one common parcel to facilitate an approved apartment complex located on the property, and to create an additional parcel to mitigate a historic encroachment onto the subject property by an adjacent property owner. BACKGROUND: Fomotor Engineering, representing Northwoods-Palm Springs, LLC, requests that the lease-hold interest in the property located at 1700 Araby Drive, in Section 25, Township 4 South, Range 4 East, be subdivided into two parcels. At its meeting of April 10, 2002, the Planning Commission recommended approval of Tentative Parcel Map No. 30292, which was subsequently approved by the City Council, subject to conditions, on May 15, 2002. In part, the conditions require the dedication of easements to the City for a bus shelter, bike path and sidewalk. Tentative Parcel Map (TPM) No. 30292 is a companion development application to Conditional Use Permit (CUP) 5.0843, recommended for approval by the Planning Commission on December 13, 2000, and approved by the City Council subject to conditions on February 14, 2001. CUP 5.0843 approved the construction of a 104-unit apartment complex on the vacant property. However, the vacant property was previously subdivided by a Record of Survey recorded in 1960, which created 43 parcels. This property is adjacent to another property, separated by Bridle Trail that extends off of Araby Drive and was subdivided by a similar Record of Survey recorded in 1960, creating 31 parcels. This adjacent property was developed in the 1960's as a condominium-type development that exists today. Development of the subject CUP 5.0843/TPM 30292 property into a similar condominium-type development never occurred, such that the property remained vacant land until construction commenced upon City approval of the apartment project. 6 Parcel Map 30292 March 17, 2004 Page 2 Both properties (the subject property and the adjacent condominium-type development constructed in the 1960's) are part of a master 99-year land-lease which was recorded in 1960. The applicant of CUP 5.0843 is the current owner of the lease-hold interest in the property being developed as an apartment complex. However, in order to facilitate construction of various apartment buildings across the property, which is encumbered by 43 record parcels, merger of the record parcels was a requirement of the City's approval of CUP 5.0843, to avoid a conflict with City and Uniform Building Codes with regard to buildings and structures crossing property lines. As such, an application for TPM 30292 was submitted and processed by the City. Several public dedications are required as a condition of TPM 30292, relating to a bus shelter along East Palm Canyon Drive, and a pedestrian and bikepath easement along the private access/frontage road. The lease-hold easement interest for these three easements will be conveyed to the City prior to approval of the parcel map. Accordingly, the remaining record title interest in the required public easements must be obtained from the fee owners. The applicant has agreed, as memorialized in the subdivision agreement, to fund the City's acquisition of the residual interests in the easements Due to the fact that the applicant can dedicate to the City a lease-hold interest easement in the three easements having a term of 55 years, it is anticipated that the value of the reversionary interest in the three easements will be of only nominal current value. Upon execution of the subdivision agreement, the City will hire an appraiser to calculate the value of the property. The City will then extend an offer to purchase the residual interest in the easements to the fee interest owner. If the fee interest owner and the City are unable to negotiate the sale of the reversionary interests to the City, the City may consider condemning the residual interests in the easements. The applicant recognizes that filing and proceeding with a condemnation action may have significant cost due to potential litigation, and the applicant is agreeing to fund all acquisition costs, as the burden to obtain the public dedications is a requirement and condition of the applicant's approvals to construct the apartment complex. In order for the City to allow the apartment complex to be completed, and to provide a mechanism for the applicant to comply with requirements related to his project approvals, it is necessary for City Council to make findings that Parcel Map 30292 as proposed as a lease-hold interest parcel map is in substantial conformance with the Tentative Parcel Map. This finding is necessary for the applicant to satisfy the requirement of recording a parcel map, that a specific Subdivision Improvement Agreement be approved which stipulates certain requirements, including the requirement that the City receive a fee interest in the three easements. The applicant has agreed to provide the City with a $25,000 deposit to allow the City to initiate the acquisition of the residual interest in the easements. The applicant has also agreed to provide the City with additional funds, upon request by the City, as necessary to acquire the residual interest in the easements. SUBMITTED: APPROVED: _ JOAVID J. BARAKIAN DAVID H. READY ' Director of Public Works, City Engineer City Manager ATTACHMENTS: 1. Resolution, 2. Map 72- DATE: March 17, 2004 TO: City Council FROM: Director of Public Works/City Engineer PARCEL MAP NO. 30292 RECOMMENDATION: It is recommended that the City Council consider the following actions: 1. Approve Parcel Map No. 30292 prepared by Fomotor Engineering, representing Northwoods-Palm Springs, LLC, a California Limited Liability Company, to subdivide a lease-hold interest in the property located at 1700 Araby Drive, in Section 25, Township 4 South, Range 4 East; and 2. Approve a Subdivision Agreement regarding monumentation terms and provisions for the acquisition of a fee-interest in the lease-hold interest of easements for a bus shelter, bike path and sidewalk required by Tentative Parcel Map 30292. SUMMARY: Fomotor Engineering, representing Northwoods-Palm Springs, LLC, has prepared a two parcel, Parcel Map for subdivision of the lease-hold interest of property located at 1700 Araby Drive, in Section 25, Township 4 South, Range 4 East. The lease-hold interest exists through June 3, 2059. The purpose of this Parcel Map is to convert and merge 43 existing record parcels into one common parcel to facilitate an approved apartment complex located on the property, and to create an additional parcel to mitigate a historic encroachment onto the subject property by an adjacent property owner. BACKGROUND: Fomotor Engineering, representing Northwoods-Palm Springs, LLC, requests that the lease-hold interest in the property located at 1700 Araby Drive, in Section 25, Township 4 South, Range 4 East, be subdivided into two parcels. At its meeting of April 10, 2002, the Planning Commission recommended approval of Tentative Parcel Map No. 30292, which was subsequently approved by the City Council, subject to conditions, on May 15, 2002. In part, the conditions require the dedication of easements to the City for a bus shelter, bike path and sidewalk. Tentative Parcel Map (TPM) No. 30292 is a companion development application to Conditional Use Permit (CUP) 5.0843, recommended for approval by the Planning Commission on December 13, 2000, and approved by the City Council subject to conditions on February 14, 2001. CUP 5.0843 approved the construction of a 104-unit apartment complex on the vacant property. However, the vacant property was previously subdivided by a Record of Survey recorded in 1960, which created 43 parcels. This property is adjacent to another property, separated by Bridle Trail that extends off of Araby Drive and was subdivided by a similar Record of Survey recorded in 1960, creating 31 parcels. This adjacent property was developed in the 1960's as a condominium-type development that exists today. Development of the subject CUP 5.0843/TPM 30292 property into a similar condominium-type development never occurred, such that the property remained vacant land until construction commenced upon City approval of the apartment project. 6 Parcel Map 30292 March 17, 2004 Page 2 Both properties (the subject property and the adjacent condominium-type development constructed in the 1960's) are part of a master 99-year land-lease which was recorded in 1960. The applicant of CUP 5.0843 is the current owner of the lease-hold interest in the property being developed as an apartment complex. However, in order to facilitate construction of various apartment buildings across the property, which is encumbered by 43 record parcels, merger of the record parcels was a requirement of the City's approval of CUP 5.0843, to avoid a conflict with City and Uniform Building Codes with regard to buildings and structures crossing property lines. As such, an application for TPM 30292 was submitted and processed by the City. Several public dedications are required as a condition of TPM 30292, relating to a bus shelter along East Palm Canyon Drive, and a pedestrian and bikepath easement along the private access/frontage road. The lease-hold easement interest for these three easements will be conveyed to the City prior to approval of the parcel map. Accordingly, the remaining record title interest in the required public easements must be obtained from the fee owners. The applicant has agreed, as memorialized in the subdivision agreement, to fund the City's acquisition of the residual interests in the easements. Due to the fact that the applicant can dedicate to the City a lease-hold interest easement in the three easements having a term of 55 years, it is anticipated that the value of the reversionary interest in the three easements will be of only nominal current value. Upon execution of the subdivision agreement, the City will hire an appraiser to calculate the value of the property. The City will then extend an offer to purchase the residual interest in the easements to the fee interest owner. If the fee interest owner and the City are unable to negotiate the sale of the reversionary interests to the City, the City may consider condemning the residual interests in the easements. The applicant recognizes that filing and proceeding with a condemnation action may have significant cost due to potential litigation, and the applicant is agreeing to fund all acquisition costs, as the burden to obtain the public dedications is a requirement and condition of the applicant's approvals to construct the apartment complex. In order for the City to allow the apartment complex to be completed, and to provide a mechanism for the applicant to comply with requirements related to his project approvals, it is necessary for City Council to make findings that Parcel Map 30292 as proposed as a lease-hold interest parcel map is in substantial conformance with the Tentative Parcel Map. This finding is necessary for the applicant to satisfy the requirement of recording a parcel map, that a specific Subdivision Improvement Agreement be approved which stipulates certain requirements, including the requirement that the City receive a fee interest in the three easements. The applicant has agreed to provide the City with a $25,000 deposit to allow the City to initiate the acquisition of the residual interest in the easements. The applicant has also agreed to provide the City with additional funds, upon request by the City, as necessary to acquire the residual interest in the easements. SUBMITTED: APPROVED: Q _ pAVID J. BARAKIAN DAVID H. READY �C''�Director of Public Works, City Engineer City Manager ATTACHMENTS: 1. Resolution, 2. Map Recording Requested by and After Recording Return to: City Clerk City of Palm Springs Box 2743 Palm Springs, CA 92263 (FOR RECORDERS USE DILLY Pursuant to Government Code Section 6103, this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. File No. R-03-054 NO DOCUMENTARY STAMPS NEEDED GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, Northwoods-Palm Springs, LLC, a California Limited Liability Company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, Grantor's lease-hold interest for an easement for bus shelter and accessory uses, including pedestrian access, over and across the real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Being over the land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof. Date: Northwoods-Palm Springs, LLC, a California Limited Liability Company By Signature Name and Title V ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) ❑ CORPORATE On before me, OFFICER(S) Date Name, Title of Officer TITLES) personally appeared ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑personally known to me- OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) ❑ OTHER 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 persons(s)acted, executed the instrument. SIGNER IS REPRESENTING: Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above EXHIBIT A SECTION 25,TAS., RAE., S.B.M. BUS SHELTER EASEMENT THAT PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1448.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 27°16'17" EAST; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2012'38" AND AN ARC DISTANCE OF 55.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1013'36"AND AN ARC DISTANCE OF 31.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 30005'43" WEST, 11.52 FEET; THENCE NORTH 59054'17" WEST, 31.00 FEET; THENCE NORTH 31005'43" EAST, 11.52 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.01 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND MY DIRECTION, BASED ON RECORD INFORMATION. U�y�o SG�Ri 9 n v PHIWP K.FOMOTOR No.7070 EXPAM1100 PHILLIP K. FOMOTOR, P.L.S. EXP. 12/31/06 OF CAOf: SHEET 1 OF 1 SHEETS W.Uobs2002\PALM SPRINGS\NORTHWOODS\MAPPINGIESMT-BUS\EXH-A.Doo EXHIBIT B SHEET 1 OF 1 SHEET I i , � `'QS`�. SCALE 1"=30' o Nr0 \o R\7 4• a' ���y/ W / 448 �2 4, 4111 Q- m N30.05'43"E �'�0 /��~'� 11.52' S9 Q S . � �roo>>yiy � IN 0.05'43"E \\ 11.52' I � I 42 \ I LEGEN I — — — EXISTING CENTERLINE — — — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED VACATED RIGHT OF WAY y�� S��L BY ME OR UNDER MY DIRECTION, ® a� F� BASED ON RECORD INFORMATION. BUS SHELTER EASEMENT 42 PHILLIP K.FOMOTOR EXISTING LOT NUMBER No.7070 / exP RAD RADIAL LINE s .12MM \P �TP pF ep LlfpQ-a PHILLIP K. FOMOTOR, P.L.S. VAJpbs2W\PAL4 SPRINGS\N13tTHV00BS\KIPPING\ESNT-BUS\EXHB*D 11/17/MO3 I1,3666 AN PST EXP. 12/31/06 Recording Requested by and After Recording Return to: City Clerk City of Palm Springs Box 2743 Palm Springs CA 92263 (FOR RECORDERS USE ONLY) Pursuant to Government Code Section 6103, this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. File No.R-03-054 NO DOCUMENTARY STAMPS NEEDED GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, Northwoods-Palm Springs, LLC, a California Limited Liability Company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, Grantor's lease-hold interest for an easement for bicycle path purposes, including public ingress and egress in the use of City of Palm Springs' master planned bicycle paths, over and across the real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Being over the land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof. Date: Northwoods-Palm Springs, LLC, a California Limited Liability Company By Signature Name and Title _ �/ ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) ❑ CORPORATE On before me, OFFICER(S) Dale Name, Title of Officer TITLE(S) personally appeared ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑personally known to me- OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s)whose name(s) ❑ OTHER 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/(beir signature(s) on the instrument the persons) or the entity upon behalf of which the persons(s)acted, executed the instrument. SIGNER IS REPRESENTING: Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above EXHIBIT A SECTION 25,T.4S., R.4E.,S.B.M. BIKE PATH EASEMENT THOSE PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00°09'18" WEST, 45.05 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 37039'12" WEST; THENCE LEAVING SAID EASTERLY RIGHT OF WAY, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00"09'18" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001'49"AND AN ARC DISTANCE OF 42.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20052'31" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC DISTANCE OF 139.04 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1454.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34-03-55" EAST; THENCE PARALLEL TO AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER RESOLUTION 20356, THE FOLLOWING TWO (2)COURSES: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23"AND AN ARC DISTANCE OF 436.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38"43'05" EAST, 518.24 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 51016'55" WEST, 6.50 FEET TO THE SOUTHEAST CORNER OF LOT 43 AS SHOWN BY SAID RECORD OF SURVEY; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 43, NORTH 89046'12" WEST, 91.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 18"40'04" WEST, 1.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35,00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18"40'04" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 110003'01" AND AN ARC DISTANCE OF 67.23 FEET; THENCE PARALLEL TO AND 23.60 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOTS 43 AND 42, THE FOLLOWING TWO (2) COURSES: NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 51015'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17011'23" AND AN ARC DISTANCE OF 427.37 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34103'55" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54056'26" AND AN ARC DISTANCE OF 110.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 20°52'31" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21001,491, AND AN ARC DISTANCE OF 53.22 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND SHEET 1 OF 2 SHEETS W:Uobs2002\PALM SPRINGS\NORTHWOODS\MAPPING\ESMT-BIKE\EXH-A,Doc HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00-09'18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029,54" AND AN ARC DISTANCE OF 16.36 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID WESTERLY LINE, NORTH 00°09'18" EAST, 40.33 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.81 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME OR UNDER LAND MY DIRECTION, BASED ON RECORD INFORMATION. QA � PHI W P K.FOMOTOR f/ No.7070 / EXP.7 7 PHILLIP K. FOMOTOR, P.L.S. rF map EXP. 12/31/06 OF CAL7Va SHEET 2 OF 2 SHEETS W:Uobs2002\PALM SPRINGSWORTHWOODS\MAPPING\ESMT-BIKE\EXH.A.Doo EXHIBIT B SHEET 1 OF 4 SHEETS SHEET 2 r-------------� 1 � I SHEET 3 W I I SCALE 1"=200' I� 1 42�I \ I R�----- I 1 SHEET 4 al 1 1 ----------� 1 I I C,9 I I 143 o o iL 1 i �Oo I I L---------------J I MORONGO TRAIL LEGEND EXISTING CENTERLINE — — — — EXISTING LOT LINE LAND THIS DOCUMENT WAS PREPARED VACATED RIGHT OF WAY y�o s��L BY ME OR UNDER MY DIRECTION, ® BASED ON RECORD INFORMATION. BIKE PATH EASEMENT � �1 42 PHILLIP K.FOMOTOR EXISTING LOT NUMBER No.7070 RAD RADIAL LINE EXP.1213iW 3 rF OP CALIF° PHILLIP K. FOMOTOR, P.L.S. W'V*2002\Po\LN SPRINGS\NDRMMDSVWPING\ESHT-BD(E\EMB-Idip 10/2V2003 41248 PH PDT EXP. 12/31/06 EXHIBIT B SHEET 2 OF 4 SHEETS CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 3729'54" 25.00' 16.36' C2 21'01'49" 115.00' 42.21' C3 54'56'26" 145.00' 139.04' C4 1711'23" 144.50' 4 .37' I C5 1711'23" 1424.50' 42727.37' C6 5456'26" 115.00' 110,27' \p C7 21'01'49" 145.00' 53.22' C8 3729'54" 25.00' 16.36' po \cq ko IW IW \Z Ff� M as F 07w � �^� o o � k, N zzZ :C4 �� \ W W 00 p.O.B• e > MO \ C6 Z `.a (`i7 m 14- O�jQO CA a 0 Rim p T I lO� C3. I Z I Z 7.50' RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 30, 20356, RECORDED 6/28/2002 AS INSTRUMENT NO. 2002-359614. I 42 M RS 32/ o �J° - 0 w s I W SCALE 1"=50' LLI LAND THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. J A PHILLIP K.FOMOTOR n N0. 7D70 No. 0706 SEE SHEET 1 FOR LEGEND s�r� a`` OF CAl1F� PHILLIP K. FOMOTOR, P.L.S. IA\Johs2002\P&N SPRINGS\NDRTNV000S\NAPPIIIG\ESNT-BINE\FJM02-4ds0 10/23/2003 111010 NI POT EXP. 1 Z/31/O6 N EXHIBIT B SHEET 3 OF 4 SHEETS W \ W n i SCALE 1"=50' L \A I 4 rn 4 o to \ti IIN-- G� \ \,�j�• �1�s F N Q• W l� �S 42�j Ld W\F 7.50' RIGHT OF WAY VACATION BY CITY .00 OF PALM SPRINGS PER RESOLUTION <L Ld (w 20356, RECORDED 6/28/2002 AS yd z \ INSTRUMENT NO. 2002-359614. \ N51'15'18"E \ RAD LAND THIS DOCUMENT WAS PREPARED yes Sip BY ME OR UNDER MY DIRECTION, 1uQS' `F� BASED ON RECORD INFORMATION. PHILLIP K.FOMOTOR No.7070 EXP.12/31106 SEE SHEET. 1 FOR LEGEND N�rF Op CALIF o�a�P PMILUP K. FOMOTOR, P.L.S. EXP. 12/31/06 NWobs20R2NAL11 SPRINGS\NORTINBBQS\MAPPBY\ESMT-BIKE\EMHB2-4MB 10/23/2003 Id01�23 AM PDT EXHIBIT B SHEET 4 OF 4 SHEETS CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 1711'23" 1454.50' 436.37' C2 110'03'01" 35.00' 67.23' y�` \ C3 17'11'23" 1424.50' 427.37' Iw \ � \uT iLo 42 SCALE 1"=50' M W l� v=i 2�rr w �p'G N os, 7.50' RIGHT OF WAY VACATION BY CITY \ OF PALM SPRINGS PER RESOLUTION 20356, RECORDED 6/28/2002 AS \ INSTRUMENT NO. 2002-359614. 0 5 tip• SEE SHEET 1 FOR LEGEND LAND THIS DOCUMENT WAS PREPARED y�o s�� BY ME OR UNDER MY DIRECTION, N18'40'04'W N BASED ON RECORD INFORMATION. RAD 1.85' U 9A PHILLIP K.FOMOTOR l No.7070 — — — 9'46'12"W 91..47' EXP.11/31/OB Q�\P PHILLIP K. FOMOTOR, P.L.S. '^ ' N5196'55"E• OF CAL Fo EXP. 12/31/06 6.50 N\j0bS 2WN.H WRMS\MRTHVMES\lNPPIHfi�E9_.-..«P- �_A 101, " m Recording Requested by and After Recording Return to: City Clerk City of Palm Springs Box 2743 Palm Springs. CA 92263 (FOR RECORDERS USE ONLY) Pursuant to Government Code Section 6103, this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. File No.R-03-054 NO DOCUMENTARY STAMPS NEEDED GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, Northwoods-Palm Springs, LLC, a California Limited Liability Company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, Grantor's lease-hold interest for an easement for sidewalk and pedestrian access purposes, over and across the real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Being over the land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof. Date: Northwoods-Palm Springs, LLC, a California Limited Liability Company By Signature Name and Title ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) ❑ CORPORATE On before me, OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑personally known to me- OR - ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s)whose name(s) ❑ OTHER 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 persons(s)acted, executed the instrument. SIGNER IS REPRESENTING: Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above EXHIBIT A SECTION 25,TAS., RAE., S.B.M. PEDESTRIAN EASEMENT THOSE PORTIONS OF LOT 2 OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14, PAGE 652 OF SAN DIEGO COUNTY RECORDS; AND THAT CERTAIN RIGHT OF WAY VACATION BY CITY OF PALM SPRINGS PER RESOLUTION 20356, RECORDED JUNE 28, 2002 AS INSTRUMENT NO. 2002-359614 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 42 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 32, AT PAGES 89 AND 90 OF RECORDS OF SURVEY, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 00°09'18" WEST, 85.38 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 37020'36" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37029'54"AND AN ARC DISTANCE OF 16.36 FEET; THENCE SOUTH 89°50'42" EAST, 24.17 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 147.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 09018'26" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11034'05"AND AN ARC DISTANCE OF 29.68 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20°52'31" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0057'01" AND AN ARC DISTANCE OF 1.87 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 14.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 60°55'47" WEST; THENCE SOUTHERLY, EASTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 267°20'20" AND AN ARC DISTANCE OF 67.66 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 113.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 09°16'24" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20016'54"AND AN ARC DISTANCE OF 40.00 FEET;THENCE NON-TANGENT TO SAID CURVE, NORTH 86°00'3W EAST, 6.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 115.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 14021'46" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19042'10" AND AN ARC DISTANCE OF 39.55 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1424.50 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE PARALLEL TO AND 23.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF SURVEY, THE FOLLOWING TWO(2)COURSES: SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17011'23"AND AN ARC DISTANCE OF 427.37 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38°43'05" EAST, 426.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48024,55" AND AN ARC DISTANCE OF 29.58 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 51°16'55" EAST, 41.77 FEET; THENCE PARALLEL TO AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY VACATION PER RESOLUTION 20356, SOUTH 38°43'05" EAST, 5.00 FEET; THENCE SOUTH 51116'55" WEST, 49.10 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 65044'24" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47004,20" AND AN ARC DISTANCE OF 28.75 FEET; THENCE NORTH 18040'04" WEST, 5.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18040'04" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A aka► �O SHEET 10F 2 SHEETS WAJobs2002\PALM SPRINGSWORTHWOODS\MAPPING\ESMT-PEDESTR\EXH-A.Doc CENTRAL ANGLE OF 110003'01" AND AN ARC DISTANCE OF 57.62 FEET; THENCE PARALLEL TO AND 28.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF LOTS 42 AND 43 AS SHOWN BY SAID RECORD OF SURVEY,THE FOLLOWING TWO(2)COURSES: NORTH 38043'05" WEST, 426.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1419.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 51015'18" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1701 1'23" AND AN ARC DISTANCE OF 425.87 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34003'55" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19016,491, AND AN ARC DISTANCE OF 37.02 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 61°10'07" WEST, 13.59 FEET; THENCE NORTH 22002'06" WEST, 7.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 108.00 FEET,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07000'03" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11024'22"AND AN ARC DISTANCE OF 21.50 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 19.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 64011'08" EAST; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 203044'58" AND AN ARC DISTANCE OF 69.34 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 152.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18008'24" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8059'25" AND AN ARC DISTANCE OF 23.85 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 89°50'42" WEST, 24.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49032'45" AND AN ARC DISTANCE OF 17.29 FEET TO A,POINT ON THE WESTERLY LINE OF SAID LOT 42; THENCE ALONG SAID WESTERLY LINE, NORTH 00°09'18" EAST,6.86 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.14 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY I-AND ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. °� L�Q7 J PHI W P K.FOMOTOR 10 No.7070 PAP �141 PHILLIP K. FOMOTOR, P.L.S. °F CpOf O� EXP. 12/31/06 SHEET 2 OF 2 SHEETS WAJobs2002\PALM SPRINGS\NORTHWOODSIMAPPING\ESMT-PEDESTR\EXH-A.Doc EXHIBIT B SHEET 1 OF 4 SHEETS SHEET 2 /I SHEET 3 142 I I � , ' . A=17'11'23" R=1424.50' W I ^ L, \ \ L=427.37' 0� ml 4� SCALE 1"=200' A Q 4=17'11'23" R=1419.50' L=425.87 0� O 1 I\ SHEET 4 I II MORONGO TRAIL LEGEND — — — EXISTING CENTERLINE — — — — EXISTING LOT LINE ———————— VACATED RIGHT OF WAY ® PEDESTRIAN EASEMENT EXISTING LOT NUMBER aa ROW 7.50' RIGHT OF WAY VACATION .BY CITY LAND THIS DOCUMENT WAS PREPARED Al OF PALM SPRINGS PER RESOLUTION y0p SG� BY ME OR UNDER MY DIRECTION, 20356, RECORDED 6/28/2002 AS pv5' GF� BASED ON RECORD INFORMATION. INSTRUMENT NO. 2002-359614. c PHILLIP K.FOMOTOR RAD RADIAL LINE No.7070 N EXP.1213V06 �P �rF pp cAmFp PHILLIP K. FOMOTOR, P.L.S. VAJ0bsW\PN.N SPRINGS\NMTMMS\MAPPA\ESHT-PEDESTR\E%HB-1Ai0 10/23/2003 9weM M POT EXP. 12/31/06 EXHIBIT B SHEET 2 OF 4 SHEETS \ Cq�roA1 42 N RS 32/ o g-g0 W to co co W 101 w� 0 0 y\\y o� '4' z 01 cr9 70rn Ah oM m i\ a\\ o Q � � � � 90�\ � ��i,•�/ C5 L1 O iz, i[� �I my �� N89'0142"W C2 2 p j C6 C1 N87'56'06"E I LA RAD w �g N89'50'42"W C8 I f�3lo �/ 24.56' IZ U C4 -cc:' Q \r'�90 fO to zl /� M w ll 9' �� � oQco oq 2 o D �y VE 0. Z 42 Vl I W W CURVE TABLE LINE TABLE fn CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH C1 37'29'54" 25.00' 16.36' Li N86'00'30"E 6.97' C2 11'34'05" 147.00' 29.68' L2 N61'10'07"E 13.59' C3 0'57'01" 113.00' 1.87' L3 N22'02'06"W 7,97' a C4 267'20'20" 14.50' 67.66' C5 20'16'54" 113.00' 40.00' LAND THIS DOCUMENT WAS PREPARED " y�o s� BY ME OR UNDER MY DIRECTION, 11124'22 108.00 21.50 R�F� BASED ON RECORD INFORMATION. 203'44'S8" 19.50' 69.34'SCALE 1"=20' LIC7 8'S9'25" 152.00' 23.85' PHILLIP K.PoMOTOR 49'32'45" 20,00' 17.29' No. 7070 EXP.12131a SEE SHEET 1 FOR LEGEND of CAueo�`�`P PHIWP K. FOMOTOR, P.L.S. V'\Jcbs2W2\P" SPWNfi \WMMDDOS\INPPM\ESXT-PfXSTR\EM-4,Mg 10/23/2W3 9041 MI PDT EXP. 12/31/06 EXHIBIT B SHEET 3 OF 4 SHEETS N � \q Lu _ \ (nLu �` M 42 R,rrs�r9, �\ . 00. 42• / rd 90 N � _� rs 49"�o Ld o/ 2 \ 2 W �=/lam � � Ld N ��Q� 77 23„ \\\ sr ��7R 79 jj � 42 RS 32/ a g=9Oo 258� SCALE 1"=20' W N LAND THIS DOCUMENT WAS PREPARED y�o % BY ME OR UNDER MY DIRECTION, \v�S' GFi BASED ON RECORD INFORMATION. 96 PHILLIP K.FOMOTOR ND.EXP.7108 2131 SEE SHEET 1 FOR LEGEND N�r� `1\P pF CALIFS PHILLIP K. FOMOTOR, P.L.S. vA.bbs \PALH sPa NE\N tTxvmnsuu PM\ESHT-POESTa\MU-4ma 10/23/ a M41 M PET EXP. 12/31/06. EXHIBIT B SHEET 4 OF 4 SHEETS SCALE 1"=20' LLJ (A yss. sass \\ \ �0 Ld 1 ,L tWn 5 \ \ \ N3843'05"W \ 5.00' R8 32/ 9 g-9 N8018 R '09"W AD — o, moo\% �6S4A• 43 \\ \ N18'40'04"W RAD 5.00' SEE SHEET 1 FOR LEGEND LAND THIS DOCUMENT WAS PREPARED CURVE TABLE �6D S& BY ME OR UNDER MY DIRECTION, CURVE DELTA RADIUS LENGTH \Ga} LF< BASED ON RECORD INFORMATION. Cl 4824'55" 35.00' 29.58' PHILLIP K.FOMOTOR $ C2 47'04'20" 35.00' 28.75' No.7070 C3 110'03'01" 30.00' 57,62' N EXP.74/31108 4;6L f+c�S �P �TP OF CAL IF� PHILLIP K. FOMOTOR, P.L.S. EXP. 12/31/06 y,\�sM2\Pµp�p�S\RRM WAS\KAPPDG\EW-PEOESTR\EXHB2-4dYg 10/23/2N3 92d11 AX POT 1 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and NORTHWOODS-PALM SPRINGS, LLC TABLE OF CONTENTS Page 1. Constriction Obligations. .................................................................................................2 1.1 Monumentation.....................................................................................................2 1.2 Intent of Monumentation Map..............................................................................2 1.3 Survey Monuments...............................................................................................3 1.4 Performance of Work............................................................................................3 1.5 Changes in the Work.............................................................................................3 1.6 Defective Work.....................................................................................................3 1.7 No Warranty by City.............................................................................................3 1.8 Authority of the City Engineer.............................................................................3 1.9 Inspection..............................................................................................................3 1.10 Compliance With Law..........................................................................................3 1.11 Final Acceptance of Monumentation....................................................................4 2. Time for Performance of Construction Obligations .........................................................4 2.1 Construction Commencement and Completion Dates..........................................4 2.2 Force Majeure.......................................................................................................4 2.3 Continuous Work..................................................................................................4 2.4 Time of the Essence..............................................................................................4 3. Labor.................................................................................................................................4 3.1 Labor Standards/Prevailing Wages.......................................................................5 3.2 Nondiscrimination.................................................................................................5 3.3 Licensed Surveyor................................................................................................5 3.4 Worker's Compensation.......................................................................................5 4. Construction Security........................................................................................................5 4.1 Required Security..................................................................................................5 1003/006/29937.04 1 � A Cp TABLE OF CONTENTS (coat.) Page 4.2 Fonn of Security Instruments ...............................................................................5 4.3 Subdivider's Liability...........................................................................................6 4.4 Letters of Credit....................................................................................................7 4.5 Release of Security Instruments............................................................................7 5. Cost of Construction and Provision of Inspection Service...............................................7 5.1 Subdivider Responsible for All Costs of Construction.........................................7 5.2 Payment to City for Cost of Related Inspection and Engineering Services.................................................................................................................7 6. Acquisition of the Easements............................................................................................8 6.1 Negotiated Purchase. The City shall attempt to ..................................................8 6.2 Condemnation. ....................................................................................................8 6.3 Purpose of Acquisition and Subdivider's Financial Responsibility.....................8 6.4 Approved Costs.....................................................................................................8 6.5 Security for the Acquisition..................................................................................9 6.6 Direct Payments to Lessor and the Court. ............................................................9 6.7 Interest. ..............................................................................................................10 7. Elimination of the Encroachment. ..................................................................................10 8. Default.............................................................................................................................10 8.1 Institution of Legal Actions................................................................................10 8.2 Interest.................................................................................................................10 8.3 Choice of Forum.................................................................................................10 8.4 State Law ............................................................................................................10 8.5 Remedies Not Exclusive.....................................................................................10 8.6 City Right to Perfonn Work ...............................................................................10 ii A 1003/006/29937.04 TABLE OF CONTENTS (cont.) Page 8.7 Attorney's Fees and Costs ..................................................................................10 9. Indemnity........................................................................................................................I I 10. General Provisions..........................................................................................................I I 10.1 Successors and Assigns.......................................................................................11 10.2 No Third Party Beneficiaries ..............................................................................11 10.3 Entire Agreement; Waivers and Amendments ...................................................I I 11. Corporate Authority........................................................................................................I I EXHIBITA...................................................................................................................A-1 EXIIIBITB...................................................................................................................B-1 EXHIBITC...................................................................................................................C-1 EXHIBITD...................................................................................................................D-1 1003/006/29937 04 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement') is entered into this day of , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("City"), and Northwoods-Palm Springs, LLC, a California Limited Liability Company("Subdivider"). RECITALS A. John Kim Munholland, John Kim Munholland, Trustee under the last will and testament of Dorothy C. Munholland, deceased, and Farmers and Merchants Trust Company of Long Beach, a California Corporation, as successor Trustee to Betty J. Munholland of the Munholland Family Trust under Declaration of Trust dated July 15, 1972 (collectively, "Lessor") is the fee owner of the real property which is the subject of Parcel Map No. 30292 in the City of Palm Springs, County of Riverside, State of California ("Property"). B. As Subdivider has a leasehold interest in the Property through June 3, 2059, Subdivider has obtained approval of a subdivision map for Parcel Map No. 30292 ("Map"). The Map subdivides the Property into two parcels, Parcel 1 and Parcel 2. Tentative parcel map No. 30292 contains conditions of approval for the development of the Property ("Conditions"). A true and correct copy of the conditions are attached hereto and incorporated herein as Exhibit "A C. Subdivider has delivered to City and City has approved the map which requires the setting of monuments, "Monunentation" (as hereinafter defined) which are required by law to be installed in order to accommodate the development of the Property. A true and correct copy of the Map is attached hereto and incorporated herein as Exhibit `B." D. Conditions 8 and 14 of the tentative reap require that Subdivider constrict a bus shelter along the East Palm Canyon frontage in conjunction with the bus bay turnout on East Palm Canyon Drive, in the location indicated on Exhibit `B." As set forth in a Grant of Easement which was executed prior to the execution of this Agreement, Subdivider has granted to the City, during the tern of its leasehold interest, the easement necessary for the bus shelter. E. Condition 15 of the tentative map requires that Subdivider construct a sidewalk from Araby Drive through to East Palm Canyon Drive, in the location indicated on Exhibit `B " As set forth in a Grant of Easement which was executed prior to the execution of this Agreement, Subdivider has granted to the City, during the term of its leasehold interest, the easement necessary for the sidewalk. F. Condition 16 of the tentative map requires that Subdivider dedicate a 30-foot wide bike path in the location indicated on Exhibit `B." As set forth in a Grant of Easement which was executed prior to the execution of this Agreement, Subdivider has granted to the City, during the tern of its leasehold interest, the easement necessary for the bike path. G. Condition 18 of the tentative map requires Subdivider to convey a portion of the Property to the lessee of 1842 Araby Drive to eliminate an encroachment. Parcel 2, as depicted 1003/006/29937.04 on the Map, is the portion of the Property which is necessary to eliminate the encroachment. Subdivider has agreed to convey a leasehold interest in Parcel 2 to the lessee of 1842 Araby Drive. A true and correct copy of the executed grant of easement is attached hereto and incorporated herein as Exhibit "C." H. Because the public will be affected in 2059, if the existing bike path, bus shelter and sidewalk, as discussed above, expire as the public would lose the ability to use these easements (collectively, "Easements"), Subdivider has requested that Lessor also convey its reversionary interest in the Easements to the City, which would give the City a permanent interest in the Easements. However, Lessor has refused to convey its reversionary interest in the Easements to the City. Accordingly, as discussed herein, Subdivider agrees to fund the cost of the City's acquisition of the Lessor's reversionary interest in the Easements, including the costs of condemnation should the City elect to condemn the Lessor's reversionary interest in the Easements. I. Subdivider's agreement to: (1) convey its leasehold interest in the Easements, (2) construct and install the Monumentation, and (3) fund the acquisition of the Lessor's reversionary interest in the Easements, as set forth in this Agreement, are a material consideration to the City's approval of the Map for the Property and the issuance of certificates of occupancy for the apartment buildings ("Project") which Subdivider is constructing on the Property. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference, and in consideration of City's approval of the Map for the Property and issuance of certificates of occupancy for the Project, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Monumentation. Subdivider agrees, at its sole cost and expense with the time provided herein, to install or cause to be installed the monuments (herein sometimes collectively referred to as the "Monumentation"), as the same may be supplemented and revised from time to time as indicated on the Monumentation map which is attached as Exhibit`B." The estimated construction cost for the Monumentation is $1,000.00. The Monumentation, which is required by law, shall be certified by a surveyor on behalf of Subdivider. 1.2 Intent of Monumentation Mau. Approval of the Monumentation map referenced in Section 1.1 requires the complete setting of all Monumentation indicated, even though the Monumentation map may not specifically delineate all items of work required for the Subdivider to complete its tasks, such as incidental appurtenances, materials, and the like. Subdivider shall perform, or cause to be performed, all such work in a manner acceptable to the City Engineer (or his/her designee) and in hill compliance with all statutes, codes and regulations, as well as the terns of this Agreement. If any additional information is necessary to carry out the full intent and meaning of the Monumentation map, Subdivider or its contractor shall immediately notify its design engineer who shall contact the City Engineer for approval and C)Q,. A 30 2 1003/006/29937 04 detailed instructions. In the event of any doubt or question regarding the true meaning of the setting of any of the Monumentation, the City Engineer shall be consulted and the City Engineer's decision thereon shall be final. 1.3 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Pahn Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(i) and, after setting the monument(s), Subdivider shall provide written evidence of having paid the engineer or surveyor for the setting of said monument(s) to the City Engineer. 1.4 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation and incidentals required to perform Subdivider's obligations under this Agreement. 1.5 Changes in the Work. The City Engineer, without invalidating this Agreement, may order extra work or may change the required work by altering or deleting any portion of the work as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare of the citizens of the City. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time that a determination is been made which requires a change in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.6 Defective Work. Subdivider shall at its sole expense cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.7 No Warranty y City. The Map for which the setting'of Monumentation is required has been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Map or related documents. 1.8 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terns of this Agreement by Subdivider and its contractor. 1.9 Inspection. The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.10 Compliance With Law. In addition to the express provisions of this Agreement and the Map, Subdivider shall cause construction of the setting of Monumentation to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. tea- i4 3/ 3 1003/006/29937.04 1.11 Final Acceptance of Monumentation. After Subdivider's contractor has completed all of the Monurnentation, Subdivider shall request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, Subdivider shall request another final inspection of the work. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition precedent to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the second "final" inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the setting of Monumentation shall be construed as final acceptance of any part until the overall final acceptance by City is made and the Engineer of Record has submitted written confirmation to the City that the Monumentation has been set and that the Engineer of Record has been paid in fall for said work. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. 2. Time for Performance of Construction Obligations. 2.1 Construction Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with the installation of the Monuments within sixty (60) days of the execution of this Agreement ("Commencement Date"); and (ii) complete or cause to be completed all of the setting of Monumentation within two (2) weeks after the Commencement Date. 2.2 Force Majeure. Notwithstanding the provisions of Sections 2.1 and 2.2, Subdivider's time for commencement and completion of the setting of Monumentation shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not be deemed to cormmence until after City has received written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder, and such period shall extend only for the actual time of the delay. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.3 Continuous Work. After commencing the installation of the Monurnentation (including any portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period of more than five(5) days, events of Force Majeure excepted. 2.4 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement. 3. Labor. 4:)�A 4 1003/006/29937.04 3.1 Labor Standards/Prevailing Wages. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the setting of Monumentation to comply with all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the setting of Monumentation shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terns and conditions of employment on the grounds of race, pregnancy, disability, cancer, military status, political affiliation, age, sexual orientation, gender identification, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Surveyor. Subdivider shall cause all of the setting of Monumentation to be installed under the direct supervision of a California licensed land surveyor in conformance with the Monumentation map. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the setting of Monumentation to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Constriction Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall famish to City the following bond, letter of credit, instrument of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.1 in the amount of '1 000.00. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 4.2 Fonn of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) and shall meet the following minimum requirements or shall otherwise be in a form approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide c; -ONOM- A 3 3 5 1003/006/29937.04 published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California which is acceptable to City. Any such letter of credit shall specifically pen-nit City to draw on same by unilateral certification of the City Engineer that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in fiords on deposit in one or more bank accounts at financial institutions acceptable to City. (d) Personal Guarantee. For Security Instruments in the form of personal guarantees, Subdivider shall provide an unconditional personal guarantee in a form approved by the City Attorney that Subdivider will undertake or cause the work to be performed and shall timely pay all obligations hereunder. Subdivider shall provide any such information as City may require demonstrating Subdivider's credit-worthiness, or that of its principals. (e) Cash Deposit. Subdivider may elect to provide the City with a Security Instrument in the form of a cash deposit ("Monumentation Deposit") for the full amount of the required security specified in Section 4.1(a)(i). (f) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum tern of one (1) year after the deadline for Subdivider's completion of the works of improvement, as specified in Section 2.1; however, Instruments of Credit and Personal Guarantees shall have no defined term or expiration date. (iii) Each Security Instrurnent shall provide that changes may be made in the works of improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to draw on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any 1003/006/29937 04 6 3 y failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constricted or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require to satisfy the requirements of this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (which replacement letter of credit must be valid for a mirmnuin of one (1) year, unless City agrees to a lesser tern in City's sole and absolute discretion) is not delivered at least thirty(30) days prior to the expiration of the original letter of credit, if such substitute letter of credit is not for the same amount, does not have the same terms and conditions as the initial letter of credit delivered hereunder, or is not issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event that the City draws on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such fiords in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such Rinds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Security Instruments upon faithful performance and satisfactory completion of the Monumentation upon Subdivider's written request, after the work has been completed, any City fees have been paid pursuant to Section 5.2, and the City has received written evidence that the Engineer of Record has been paid for said work, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for installation of the Monumentation. 5.2 Paynrent to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the setting of Monumentation. In addition, Subdivider shall compensate City for all of the City's costs incurred in connection with the design, plan check, and evaluation of any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Monumentation until all of the 1003/006/29937 04 City's fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acquisition of the Easements. 6.1 Negotiated Purchase. The City shall attempt to acquire Lessor's residual interest in the Easements ("Lessor's Interests") by negotiated purchase. The City shall first arrange for the appraisal, by an MAI appraiser, of Lessor's Interests. City shall then make a written offer to acquire Lessor's Interests for not less than the fair market value. The City shall also obtain a Litigation Guarantee from a title company selected by City. 6.2 Condemnation. If, after and despite its best efforts to do so, City is unable to acquire the Lessor's Interests by negotiated purchase, City shall conduct the necessary analysis to determine, in City's sole discretion, whether to attempt to acquire the Lessor's Interests by exercise of its power of eminent domain. If City elects to initiate a condemnation act, City's condemnation, for the purposes of this Agreement and Subdivider's obligations, shall be limited to the acquisition of Lessor's Interests. Lessor's Interests include, but are not limited to, the Lessor's residual interests in the bus shelter, sidewalk and bike path, as constructed by Subdivider and indicated on Exhibit "A." City has informed Subdivider that, in connection with condemnation proceedings, a noticed hearing is held to adopt a Resolution of Necessity and that the City cannot commit itself to condemnation of property until after this hearing is held and the testimony given at the hearing has been considered. Accordingly, the Subdivider understands that the City is not obligated by this Agreement to actually acquire the Lessor's Interests, and that the City is free to exercise its discretion in the event the City considers condemnation. Nothing in this Agreement shall be deemed a prejudgment or commitment with respect to condemnation, or a guarantee that such condemnation will be undertaken. If City does not approve condemnation following such hearing and any continuation thereof, Subdivider shall have no further obligation hereunder for the acquisition of same. 6.3 Purpose of Acquisition and Subdivider's Financial Responsibility. Because the public would be affected in 2059 should the Easements disappear upon the termination of Subdivider's leasehold conveyance of the Easements to the City, City may acquire, including through condemnation, the Lessor's Interests. In undertaking the acquisition of the Lessor's Interests, or should condemnation be necessary, Subdivider shall fund all costs incurred by the City in connection with the acquisition including condemnation of the Lessor's Interests. "All costs incurred by the City in comnection with the acquisition including condemnation of the Lessor's Interests" includes, but is not limited to, the "Approved Costs" set forth in Section 6.4 below. 6.4 Approved Costs. Subdivider shall pay all of the City's costs incurred in connection with the acquisition including condemnation of the Lessor's Interests. Such costs shall include, but not be limited to, the fees for all necessary appraisers; any other necessary consultant expenses; the cost of a Litigation Guarantee or any other title expenses; the costs of 8I3Co 1003/006/29937.04 any real estate transaction including closing costs; litigation expense including filing fees and other court costs, the costs of taking depositions expenditure and other litigation expense; all attorney fees; the amount of "just compensation" for the Lessor's Interests as determined by a jury or a settlement; any other amounts awarded in condemnation including all business damages including good will, any bonus value to any leasehold interests, any severance damages, any pre- condemnation damages and any award of attorney fees; any costs to appeal a judicial determination; and any interest on the amount awarded as just compensation. 6.5 Security for the Acquisition. (a) Deposit. Concurrent with the delivery to City of this Agreement executed by Subdivider, Subdivider shall make a "Deposit" with the City in the amount of Twenty Six Thousand Dollars ($26,000) as an advance on the expenses that the City will incur in the City's endeavor to acquire the Lessor's Interests. This Deposit has two (2) components. The first component is Twenty Five Thousand Dollars ($25,000) which shall be used to fund all costs incurred by City in connection with the acquisition including condemnation of the Lessor's Interests. The second component is One Thousand Dollars ($1,000) which shall be Subdivider's Monumentation Deposit. Prior to depletion of the Deposit, the City shall give Subdivider written notice of the need to deposit additional funds and the amount thereof, and Subdivider shall deposit such additional amount within thirty (30) days thereafter. The City may continue to ask for, and shall promptly receive, additional deposits from the Subdivider until the City obtains title to the Lessor's Interests. (b) Refund of the Deposit. Within sixty (60) days of close of escrow or the City's receipt of a Final Judgment in Condemnation, a Stipulation for Judgment in Condemnation or a similar court order or grant deed, or similar instrument conveying Lessor's Interests to City, City shall refund any unused portion of the Deposit, minus additional anticipated costs and expenses, if any, to Subdivider. (c) Guarantee. In addition to the Deposit, concurrent with the execution of this Agreement, Subdivider shall provide City with a five-year Personal Guarantee ("Guarantee") in substantially the same form as Exhibit "D," attached hereto and incorporated herein by this reference. The Guarantee shall be personally guaranteed by Wyn C. Holmes, Subdivider's Managing Member. The Guarantee shall be forgiven if Subdivider makes all required payments hereunder when due. However, in the event of termination of this Agreement where (i) there is a default of Subdivider, (ii) the Subdivider has failed to cure such default as provided herein, and (iii) the City has terminated this Agreement, the outstanding balance on the Guarantee shall be payable within five (5) business days. 6.6 Direct Payments to Lessor and the Court. If requested by the City, Subdivider shall pay directly to the Lessor any settlement or other amounts necessary for the City to acquire the Lessor's Interests. Similarly, if requested by the City, Subdivider shall pay directly to the court the arnount necessary for the deposit of the probable amount of just compensation to Lessor for the condemnation of the Lessor's Interests. sk -A 3? 9 1003/006/29937 04 6.7 Interest. In the event Subdivider fails to satisfy any demand for payment by City hereunder, and City incurs any expense, Subdivider shall be responsible for the reimbursement of such expense and shall pay interest from the date City incurs such expense at the rate of eight percent(8%). 7. Elimination of the Encroachment. To satisfy Condition 18, Subdivider shall, prior to or concurrent with the execution of this Agreement, execute a grant of leasehold easement (substantially in the form of Exhibit "C") conveying its leasehold interest in a portion of the Property, which is depicted on the Map as Parcel 2, to the lessee of 1842 Araby Drive. This grant of leasehold easement shall be recorded. 1842 Araby Drive and the Property are both subject to the saine master lease with Lessor, such that the leases for both properties will expire on June 3, 2059. Accordingly, the encroachment will expire when the Map expires and the leases terminate. 8. Default. 8.1 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute a legal action to cure, correct or remedy consistent with the purpose of this Agreement. 8.2 Interest. In the event of a default or breach by Subdivider which continues beyond any applicable notice and cure period, City shall be entitled to reimbursement from Subdivider of all costs and expenses incurred by City incurring the default plus interest at eight percent(8%). 8.3 Choice of Forum. Legal actions must be instituted and maintained in the appropriate court in the County of Riverside, State of California. 8.4 State Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 8.5 Remedies Not Exclusive. hi any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.6 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event that Subdivider fails to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or should Subdivider thereafter fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.7 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including any costs of a lawsuit and reasonable 10 38 10031006/29937.04 attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal. Additionally, a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, including the costs of taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Inderinfity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of: (1) Subdivider's performance or failure to perform the installation of the Monumentation in accordance with the requirements contained or referenced in this Agreement, (2) the acquisition including condemnation of the Easements, (3) the conveyance of Parcel 2 and (4) the approval of the Map. Said indemnity obligation shall apply to personal injury, death, property danlage, economic loss, and any other monetary damage or penalty to which City maybe subjected, including without limitation, attorney's fees and costs and the costs of drawing on any Security Instrument provided by Subdivider pursuant to the terns hereof and shall survive the termination or expiration of this Agreement. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the temis and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the 11 � 3 1003/006/29937.04 entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] � � V0 12 1003/006/29937.04 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Patricia A. Sanders, City Clerk David Ready, City Manager APPROVED AS TO FORM: City Attorney SUBDIVIDER: Northwoods-Palm Springs, LLC, a California Limited Liability Company (Check One: individual, partnership, corporation) By Wyn C. Holmes, Managing Member By Mailing Address: 1678 W. ArTow Highway, #141 Upland, California 91786 c�vx plv/ 13 1003/006/29937.04 EXHIBIT A D,40 A-1 1003/006/29937 04 PVCOVtD Hd PLANNINU M RESOLUTION NO. iasse � 1 Oate`�So�o'4 Initial APPROVED BY CITY COUNCIL EXHIBITA ci5e sP 3o1.kti Sato ts'o1 Initial-� Tentative Parcel Map 30292 Resolution ___ __ Dvafinance .___(Related Case Conditional Use Permit No. 5.0843) APPROVAL SUBJECT TO ALL 9EC1JIRF.V Friend Development Palm Springs, LLC nn6f�i i II1P3:'i rCu ARQ1�F h'li',`^' Southeast corner East Palm Canyon Drive and Araby Drive May 15, 2002 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,officers,and employees from any claim,action,or proceeding againstthe City of Palm Springs or its agents,officers or employees to attach,set aside,void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TPM 30292. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing,the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matterfollowing an adverse judgement or failure to appeal,shall not cause a waiver of the indemnification rights herein. The applicant shall apply for a Final Parcel Map be within two(2)years from the effective date of approval. Extensions of time may be granted bythe Planning Commission upon demonstration of good cause. 3. The conditions of approval for Case 5.0843-CUP are incorporated and shall apply to this case. a.�-A Y3 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8,50 of the Municipal Code for specific requirements. 6. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 7. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4%for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site,said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 8. A bus shelter shall be constructed along the East Palm Canyon Drive frontage in conjunction with the bus bay turnout on East Palm Canyon Drive. The design of the shelter shall be integrated architecturally with the architecture of the buildings,to the satisfaction of the Director of Planning and Building. Contact SunLine Transit Agency for details regarding bus stop furniture/shelter requirements and maintenance requirements. POLICE DEPARTMENT: 9. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 10. Construction shall be in accordance with the1998 California Fire Code, 1998 California Building Code,Cityof Palm Springs Ordinance 1570,Desert Water Agency requirements, NFPA 13, 14,24,70,72 and 760 plus UL/CSFM listings and approvals. 11. Approved numbers or addresses shall be plainly visible and legible from the street or road fronting the property per 1998 California Building Code, Chapter 5, Section 502. 12, Fire Department Access Roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9, Section 902 and local ordinances. o VY BUILDING DEPARTMENT: 13. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. GENERAL 14. Dedicate additional right-of-way as required to allow construction of a bus shelter at the bus turnout near the northwest corner of the project. 15. A 5 foot wide pedestrian access easement from Araby Drive through the project to East Palm Canyon Drive(at the southeast corner of the project)shall be dedicated to the City on the parcel map in a manner acceptable to the City Engineer. 16. A bikeway easement across the 30 foot wide private access road shall be dedicated to the City on the parcel map, 17. The property owner shall enter into a reciprocal access agreement with the owner(s), master lease and all sub-leases (if any) of the property located at 3255 East Palm Canyon Drive(Assessor's Parcel No. 510-030-010) providing unrestricted access to the property. 18. The developer shall create a parcel to convey or grant to the owner(s)of the property located at 1842 Araby Drive(Parcel 28 of Record of Survey 32/47,Assessor's Parcel No. 510-070-028) historically used as a portion of that property to the satisfaction of the Planning Director and City Engineer. The parcel shall be shown on the Parcel Map, and shall be conveyed or granted prior to issuance of a certificate of occupancy for any development occurring within the Tentative Parcel Map. MAP 19, The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Department. 20. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. 21. The following improvements shall be listed in an Improvement Certificate on the Parcel Map clearly noting that the following improvements will be the minimum development requirements for Tentative Parcel Map 30292, but not required to be completed until, and prior to, issuance of a certificate of occupancy for any development occurring within the Tentative Parcel Map: � V9000 EAST PALM CANYON DRIVE 22. Construct an 8 inch curb and gutter, 38 feet south of the existing construction centerline along the entire frontage, with a 35 foot radius curb return at the intersection of Araby Drive per City of Palm Springs Standard Drawing No. 200. 23. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST corner of the intersection with Araby Drive per City of Palm Springs Std. Dwg. Nos, 212 and 212A. 24. Construct a 160-foot long by 10-foot wide bus turn out on the EAST PALM CANYON DRIVE frontage beginning at the ECR of the southeast corner of the intersection of Araby Drive.The configuration shall be approved by the City Engineer in conjunction with SunLine Transit. Contact SunLine Transit for details regarding bus stop furniture/shelter requirements. Developer shall construct shelter inclusive of furniture and lighting. 25. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using'R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. ARABY DRIVE 26. Construct a 6 inch curb and gutter, 20 feet EAST of centerline along the entire frontage of the subject property, with a 35 foot radius curb return at BOTH SIDES of the intersection with the ACCESS ROAD and at the intersection with East Palm Canyon Drive per City of Palm Springs Standard Drawing No. 200. 27. Construct the BOTH SIDES of an 8 foot cross gutter and spandrel at the intersection of ARABY DRIVE and ACCESS ROAD with a flow line parallel to the centerline of ARABY DRIVE in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 28. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 29. Construct a curb ramp meeting current California State Accessibility standards on BOTH SIDES of the intersection with the ACCESS ROAD per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 30. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315.The pavement section shall be designed,using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. waft qep Y TRAFFIC 31. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility.The developer shall provide same through dedication of additional right- of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE FAST, ARABY DRIVE and ACCESS ROAD frontages of the subject property. 32. The developer shall be responsible for the relocation and modification of the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the SOUTHEAST corner of PALM CANYON DRIVE EAST and ARABY DRIVE in accordance with the requirements of the City of Palm Springs. �� Y 7 EXHIBIT B tj B_1 1003/006/29937.04 ,<,s .0 MARCHED, rvoiHlNc M. IN THE CITY OF PALM SPRINGS SHEET 2 OF 2 SHEETS 'Ds>Df COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 30292 sEARCXEo, I I I I I NOTHING FD. ^\ 0 60 1 B, 12 180 240 BEING A PORTION OF LOT 2, SECTION 25, T.45 R.4E. S k M AS SHOWN ON MAP OF scu "= M.OF t:� PALM VALLEY COLONY LANDS, MAP BOOK 14, PAGE 652 OF SAN OIEGO COUNTY RECORDS. FOMOTOR ENGINEERING MAY, 2003 CURVE TABLE EASEMENT NOTES 30 �)1 ' \\ ® CURVE DELTA RADIUS LENGM H7479' 1 THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO 1T13'20" N55.50' 4D 5O' 0ie y IC C2 OR FROM THE STREET, HIGHWAY, OR FREEWAY ABIfRING SAID WJO,SUCH RIGXIS HAVING 855YOO" 60.00' 23.93' BEEN RENNOUISHED BY THE DOCUMENT, RECORDED MAY 3, 1956, BOOK 1905, PAGE 195, ®; C3 W'35'24" 40.00' 61.15' OF OFFICAL RECORDS E :n _ C4 3b0524" ]5.00' 3939' AN EASEMENT FOR AN UNDERGROUND PIPE LINE OR PIPE LINES AGO CONCURS,AND SCALE: 1 = 60' 0 B ry,ry B, \ C5 51'O6'00" 15644' 139.52' INCIDENTAL PURPOSES, IN FAVOR OF PALM SPRINGS WATER COMPANY, A CORPORATION, C6 90'00'01' 10.00' 15.)t' RECORDED APRIL 14, 1961. IN BOOK 2880, PAGE 423 OF OPTICAL RECORDS. \ ] CT C49'53" 144600' 1221C' 3 AN EASEMENT FOR UNDERGROUND ELECTRIC AND TELEPHONE LINES AND APPURTENANCES, a9 0 CB 19'22'01" 14J.06' 49.]1' AND INCIDENTAL PURPOSES, IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY.AND IN OBAp 0' FAVOR OF CALIFORNIA WATER AND TELEPHONE COMPANY, RECORDED MAY 5, 1961, IN BOOK ' ®J ELN4�23 NE TABLEH20OO' 2901. PAGE 92 OF OFHCUL RECORDS. AFFECTS PARCELS 42 AND 43 OF THE RECORD OF \ ARING SURVEY MAP BOOK 32, PAGE(S) 89 AND 90, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. r' \ 39'40"E 4 THE EFFECT OF A DOCUMENT ENTITLED "GRANT OF EASEMEW, DATED FEBRUARY 4, 1997 ® 13'48-E BTAND BETWEEN SEYMOUR WAR AND AA LOZAR. HUSBAND AND WIFE AND EARL J. NEEL. 15'18"E BARBARA G NEE,THE NEEL FAMILY TRUST DEED DATED JANUARY 6, 1902, DONOVAN TATLORCINDT TAYLOR. RECORDED MAY 14, 199](S INSTRUMENT FIIE NO. 166949 OF 14'42"W /14'421Y OFFlCIAI RECORDS, RIVERSIDE COUNry, CALIFORNIA13'4B"E © AN SAE MEM'TO REMOVE WATER AND SEWAGE PIPELINES AND APPURTENANCES AND \ 1655"W ELECTRICAL AND COMMUNICATION CONDUITS AND APPURTENANCES, IN FAVOR OF DESERT N89'S0'42Y1 1518'W WATER AGENCY,A PUBLIC AGENCY. ITS SUCCESSORS AND ASSIGNS, RECORDED JUNE 20, \ 2003 AS INSTRUMENT ND. 2003-455055 OF OFFlCUL RECORDS OF RIVERSIDE COUNTY, ® yPgO 56.00'mMkR) � � CALIFORNIA M I (CS \ AN EASEMENT FOR PUBLIC UTILDY PURPOSES RESERVED BY WE CITY OF PALM SPRINGS IN INSTRUMENT NO. 20 02-3 59 614. RECORDED JUNE 29. MOTS. OF OFFICIAL RECORDS. SE RNO INGO HING F0. BASIS OF BEARINGS BASIS OF BEARINGS IS THE CEIMUNE OF ARABY DRIVE BEING S0909'18'W AS SHOWN bpZ� PER CA TRANS RIGHT-OF-WAY MAP ALM 1/10/64 AS CS NO 204-1]] (427582) SURVEYOR'S NOTES �� M1o�'Ory • INDICATES MONUMENT FOUND AS NOTED o R.S. 2• PA+� \ E\T'pE E 0�9I0O M1� O INDICATES SET 3/ti I.P., 18" LONG, OR LEAD &TAG 32/$7 0,y PARCEL 1 -f Z ho S1 O P' �Q, IN CONCRETE FOOTING OR FENCING MATERIAL, STAMPED 40yG PE'SE,O 4�1 US]0J0. v N W \p 2� 9C4O / � E GOftbr=AOe ( RB INDICATES RECORD DATA PER RS. 32/89-90 r P y 9Q ] CJ'9C N` ( m) INDICATES RECORD DATA PER NO.CALTRANS204-RIGHT27582)T MAP FILED 1/10/64 AS C S. N0. 204-1]] (4Z]502) LM) INDICATES RECORD DATA PER CALTRANS RIGHT-OF-WAY m MAP HUM 1/10/64 AS C& NO 2D4-170 (427583) M�(Po �� pQi f Cu. F Cy, ( m) INDICATES RECORD DATA PER R.S. }2/4] Q R �y ( INDICATES RECORD DATA PER RESOLUTION 20356, REC 6/28/2002,AS INS. 2002-359614 (L4mMkR) (R) INDICATES RADIAL BEARING P.C.C. INDICATES POINT OF COMPOUND NRVAIlIRE P.R.C. INDICATES POINT OF REVERSE CURVATURE ED.Fq B M&R MEASURED AND RECORDED BEARING AND DISTANCE 8 /LS 2344. J.P. WITH TAG, aO;\ �C \ GROSS AREA= 5A27 ACRES el L 5 2344, FLUSH, PER R S. 32/4] Oo d, n,0 o h Elo \ A` AD NAIL AND TAG, ILLEGIBLE �� \� PER RS 32/47, SET TAG IS ]0]0 PARCEL p\4W� f AREA= 4983 SQUARE FEET \ L6 NO3'54'18"E NN VWAY N 89'4500'W 379,43' US 3013' 0l F0. TAG " P IN WELL PER CORNER LOT' ) IN 89'46'12" W 4B0,5B'm ) Vb 9^ AD SEARS DISK IN WELL PER CALTRANS RIGHT-OF- SET TAG LS ]-C FOR BLA CORNER LOT 2 2638' N B9'45'00"W 4B0.58' bAy® ) OF PALM VALLEY COLONY LANDS PER !AB 14 652 - MORONGO SRAF� lb MAP FlLEO 1/10/64 AS C S. N0. 204-178 (4D58}) PERSONAL GUARANTY IN CONSIDERATION of the approval by the CITY OF PALM SPRINGS, a municipal corporation ("City"), of the Subdivision Improvement Agreement between the City of Palm Springs and Northwoods—Palm Springs, LLC ("Agreement"), Wyn C. Holmes, Managing Member of Northwoods—Palm Springs, LLC ("Guarantor"), does hereby independently of the obligations of Northwoods—Palm Springs, LLC ("Subdivider") unconditionally guarantee the prompt performance of Subdivider of each and every tern and condition of said Agreement occurring or accruing on or after the effective date of the Agreement, including, but not limited to, the payment of all surns necessary for the City to acquire the interests in real property described in the Agreement. Guarantor further agrees as follows: 1. Separate action or actions may be brought and prosecuted against Guarantor whether action is brought and prosecuted against Subdivider or any successor or assignee of Subdivider, or whether Subdivider, or any successor or assignee be joined in any such action or actions. Guarantor maybe joined in any action with any of the foregoing parties. 2. Guarantor authorizes City, without notice or demand, from time to time, in its absolute discretion, and without prejudice to or in any way affecting, limiting or lessening the liability of the Guarantor hereunder, to (a)modify, amend, supplement or renew said Agreement even where such action shall increase the liability of Guarantor hereunder; (b) compromise, grant extensions of time or other indulgences, accelerate, modify, discharge, release any party or parties, or otherwise change the time for payment of any sum due by the terms of said Agreement, or any of the other obligations of Subdivider as provided therein; (c) take and hold security for the performance of said Agreement or this Guaranty, and exchange, enforce, waive and release any such security; and (d) apply such security and direct the order or manner of sale thereof as City in its discretion may determine. 3. City may, without notice, assign this Guaranty in whole or in part. Upon any transfer, sale, or the assigmnent of this Guaranty, this Guaranty shall pass to and may be enforced by any such transferee. 4. Guarantor waives any right to require City to (a)proceed against Subdivider, its successor, transferee or assignee, (b)proceed against or exhaust any security held from Subdivider, its successor, transferee or assignee, or (c)pursue any other remedy in City's power whatsoever. Guarantor waives any defense arising by reason of any disability or other defense of Subdivider or by reason of the cessation from any cause whatsoever of the liability of Subdivider. Until all indebtedness or other obligations of Subdivider to City shall have been paid in Rill, Guarantor shall have no right of subrogation, and waives any right to enforce any remedy which City now has or may hereafter have against Subdivider, and waives any benefit of, and any right to participate in any security now or thereafter held by City. Guarantor waives all presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor, notice of sales and notices of acceptance of this Guaranty and of the existence, creation, or incurring of new or additional indebtedness. t)m;'.6 10031006130110.01 5. Guarantor agrees to pay reasonable attorneys' fees and all other costs and expenses which may be incurred by City in the enforcement of or attempt to enforce this Guaranty, whether by action at law or otherwise. If City retains an attorney as a result of a default hereunder, even if legal proceedings are not commenced, City shall be entitled to recover its reasonable attorneys' fees, and all other costs and expenses, from Guarantor. Guarantor hereby agrees that the County of Riverside, State of California is the proper jurisdiction for litigation of any matters relating to the Agreement or the Guaranty, and service mailed to the address of Subdivider and Guarantor as set forth in said Agreement shall be adequate service for such litigation. 6. This is a Continuing Guaranty which shall remain in effect throughout the term of said Agreement, including the period of any renewals, extensions or holding over. 7. Within ten (10) days after request therefore by City, for an estoppel certification and/or financial statement from Guarantor, Guarantor agrees to deliver such financial statement, and to deliver such estoppel certificate (in recordable form if required by City) addressed to the City certifying the requested information, including, among other things, the dates of commencement and termination of said Agreement, the amounts of security deposits, and that said Agreement and this Guaranty are in full force and effect (if such be the case) and that there are no defaults, offsets or defaults of City, or noting such defaults, offsets or defaults of City as actually exist. Guarantor shall be liable for any loss or liability resulting from any incorrect information certified and any successor of City shall have the right to rely on such estoppel certificate and financial statement. 8. All married persons who sign as Guarantor hereby expressly agree recourse may be had against his or her separate property for all obligations under this Guaranty. 9. hi all cases where there is more than one Guarantor, the word "Guarantor" shall mean all and any one or more of them. If there is more than one Guarantor, the liability of each Guarantor under this Guaranty is joint and several. In such event City may, in its sole and absolute discretion, proceed against any one or more Guarantor without any obligation to proceed against all Guarantors. DATED: March , 2004 GUARANTOR: WYN C. HOLMES, individually oN;L A S! 1003/006/30110.01 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP NO. 30292 FOR PROPERTY LOCATED AT 1700 ARABY DRIVE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT RELATIVE THERETO WHEREAS, the Planning Commission, at its meeting of April 10, 2002, recommended approval of Tentative Parcel Map No. 30292 requested by Fomotor Engineering, representing Northwoods-Palm Springs, LLC, a California Limited Liability Company ("Subdivider"), for the above described property; and WHEREAS, the City Council at its meeting of May 15, 2002, approved Tentative Parcel Map No. 30292 subject to conditions, including the conveyance of easements for a bus shelter, bike path and sidewalk to the City, a true and correct copy of the grant of easements is attached hereto and incorporated herein as Exhibit "1"; and WHEREAS, Subdivider will convey the lease-hold interest easements to the City for the bus shelter, bike path and sidewalk as required by a Subdivision Improvement Agreement relative to Parcel Map 30292; and WHEREAS, Subdivider has a lease-hold interest in the property subject to Parcel Map 30292 through June 3, 2059; and WHEREAS, Parcel Map 30292 has been submitted as a subdivision of an existing lease-hold interest, as provided for in Government Code Section 66445(e); and WHEREAS, the City Council recognizes the current benefit of approving Parcel Map 30292 as a subdivision of an existing lease-hold interest as a method of satisfying the conditional approval of Conditional Use Permit No. 5.0843 and Tentative Parcel Map 30292 relating to the merger of record parcel lines; and WHEREAS, Subdivider, as a condition of City Council's consideration of the substantial conformance of Parcel Map 30292 to Tentative Parcel Map 30292, has agreed to the terms of a Subdivision Improvement Agreement relating to monumentation and the City's acquisition of the residual interests in the easements, a true and correct copy of the agreement is attached hereto and incorporated herein as Exhibit "2", NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Parcel Map No. 30292 is in substantial conformance with approved Tentative Parcel Map No. 30292. 2. That requisite conditions associated with Tentative Parcel Map No. 30292 have been satisfied. 3. That Parcel Map No. 30292 is in conformance with the General Plan. 4. That Parcel Map No. 30292 conforms to all requirements of the Subdivision Map Act of the State of California. 5. That, pursuant to Tentative Parcel Map No. 30292, Subdivider has granted lease-hold easements for the bus shelter, bike path and sidewalk to the City. 6. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with Subdivider and to accept security as necessary for compliance with the terrns and requirements therein. Resolution No. 7. That Parcel Map No. 30292 is hereby approved for purposes therein defined. ADOPTED this 171h day of March, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: ��B 'cl�ll