HomeMy WebLinkAbout04820 - SIERRA CLUB SETTLEMENT AGR PS INVESTMENT PS CLASSIC 5.0666 PD 231 MILK VETCH Sierra Club/PS Investment Co
Settlement Agreement
AGREEMENT #4820
M07434, 1-21-04
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into by and
between the SIERRA CLUB and CENTER FOR BIOLOGICAL DIVERSITY
(collectively "Petitioners") on the one hand, and P.S. INVESTMENT
COMPANY, LCC, the CITY OF PALM SPRINGS, the CITY COUNCIL OF
THE CITY OF PALM SPRINGS, and D.T. PALM SPRINGS
INTERCONTINENTAL GOLF CENTER ENTERPRISES, LTD., a California
limited partnership (collectively "Respondents"), on the other hand, with respect
to the following facts:
A. This Agreement concerns a project commonly known as The Palm
Springs Classic, a mixed-use development, consisting of, among other things,
residential units, hotel/time share units, golf course, clubhouse, and practice range,
Case No. 5.0666-B-PD-231 (hereafter the "Project"). The Project site consists of
approximately 400 acres located within the eastern portion of the City of Palm
Springs bounded by Vista Chino to the north, the City limits to the east, the Dream
Homes in Cathedral City to the southeast, Gene Autry Trail (Highway 111) and
the Palm Springs International Airport to the west and vacant land to the south,
and is shown on the Exhibit A, attached hereto and incorporated herein (hereafter
the 'Property".
B. The Project was approved by the City Council for the City of Palm
Springs ("Council') on July 16, 2003. At that time, the Council adopted a
Mitigated Negative Declaration and approved a Tentative Map and General Plan
Amendment for the Project (collectively the 'Project Approvals").
C. Petitioners objected to approval of the Project during the
administrative proceedings because of concerns regarding environmental impacts,
particularly the level of mitigation proposed to address adverse impacts to the
endangered Coachella Valley milk vetch Astragalus lentiginosus coachellae
("Milk-vetch") and Coachella Valley fringe-toed lizard, U»aa inornata, ("Fringe-
toed Lizard"), and subsequently filed a Petition for Writ of Administrative
Mandamus challenging the Project Approvals, Case No. INC037564, Center for
Biological Diversity and Sierra Club v. City of Palm Springs, et al., Case No. INC
037564 (the "Lawsuit").
D. P.S. Investment Company, LLC ("PSIC") has been working with the
U.S. Fish and Wildlife Service ("Service") and Petitioners to resolve concerns
regarding environmental impacts.
SetttementAweement(FINAL) 1 l •--•
E. The parties now wish to enter into a settlement agreement that will
provide for funding to mitigate Project impacts, funding for the purchase and
preservation of off-site Milk-vetch habitat, funding for mitigation of Fringe-toed
Lizard impacts and dismissal of the Lawsuit.
NOW, THEREFORE, the parties hereto agree as follows:
1. PSIC shall mitigate potentially adverse impacts to Milk-vetch and
the Fringe-toed Lizard by either (a) providing mitigation funds in accordance with
the "Funding Option" described below in Section 2 or (b) by purchasing Milk-
vetch habitat, and providing a reduced amount of mitigation fiends in accordance
with the "Habitat Option" described below in Section 3.
2. Funding Option.
PSIC shall fully satisfy the Fringe-toed Lizard and Milk-vetch mitigation
requirements for the Project by payment of funds ('Mitigation Funds") pursuant to
the following conditions:
(a) The Mitigation Funds shall be paid in accordance with the
following schedule:
(i) $1,100,000 paid in two installments as follows:
$550,000 on or before 2/16/2004, and another $550,000 on or before
12/31/2004; or
(ii) $1,150,000 if paid in full on or before 12/31/2004; or
(iii) $1,200,000 if paid in full on or before 12/31/2005; or
(iv) $1,250,000 if paid in full on or before 12/31/2006; or
(v) $1,300,000 shall be paid in full on or before
12/31/2007, without any grace period or further extension of time.
(b) Notwithstanding the payment schedule set forth in Section
2(a) above, payment of all Mitigation Funds must be made prior to issuance of a
grading permit or any development activity that results in physical disturbance of
Property or vegetation thereon. The amount due and payable shall be in
accordance with the schedule set forth in Section 2(a).
(c) The first $240,000 of Mitigation Funds paid shall be used to
satisfy mitigation requirements for Fringe-toed Lizard impacts, and shall be paid
SeffietnentAgreement(FINAL) 2
to the Center for Natural Lands Management ("CNLM") (current San Diego
County address: 425 E. Alvarado Street, Suite H, Fallbrook, CA 92028).
(d) The balance of Mitigation Funds shall be paid to CNLM,
provided it accepts, in writing, the following conditions (collectively "Mitigation
Fund Conditions"):
(i) At least 80% of the funds shall be used to fund the cost
of preserving , by way of acquisition, conservation easement, or other
legally binding method, Milk-vetch habitat ("Mitigation Property");
(H) The Mitigation Property and acquisition costs shall be
approved by the Service;
(iii) Ownership of the Mitigation Property shall be vested
in a non-profit or public entity, subject to conditions, recorded in the chain
of title, which require that it be maintained as permanently protected,
natural habitat and open space for plant and wildlife purposes;
(iv) The balance of funding shall be set aside in an
endowment account approved by the Service and shall be used to fund the
ongoing management and preservation of the Mitigation Property;
(e) PSIC shall have fully satisfied its Funding Option obligations
upon payment of the Mitigation Funds in accordance with Section 2 and delivery
of a written document evidencing the CNLM's acceptance of the mitigation fund
conditions to Petitioners. Thereafter, PSIC shall have no obligation or liability
with respect to use of the Mitigation Funds.
(f) Should CNLM be unwilling or unable to accept its portion of
the Mitigation Funds in accordance with the Mitigation Fund Conditions set forth
in Section 2, PSIC shall deposit the Mitigation Fluids into an account designated
and/or approved by Petitioners and the Service. Deposit of the Mitigation Funds
into the designated account shall fully satisfy the Funding Obligations herein.
Thereafter, PSIC shall have no obligation or liability with respect to use of the
Mitigation Funds.
(g) PSIC shall provide Petitioners written notice of any payment
of Mitigation Funds in accordance with Section 2 within 14 days of its having
been made and shall provide Petitioners with a copy of the written document
evidencing CNLM's acceptance of the Mitigation Fund Conditions within 14 days
of its execution.
SettlementAgreement(FINAL) 3
3. Habitat O tp io11.
As an alternative to the Funding Option, PSIC shall have the option of
purchasvig the Mitigation Property and providing a reduced level of Mitigation
Funds in accordance with the following conditions:
(a) The Mitigation Property shall be approved by the Service as Milk-
vetch habitat and appropriate off-site mitigation habitat for the Project;
(b) Ownership of the Mitigation Property shall vest in a non-profit or
public entity, subject to conditions that require it be maintained as permanently
protected, natural habitat and open space;
(c) A minimum of 400 acres of Milk-vetch habitat shall be purchased,
provided a lesser amount of acreage may be purchased if approved by the Service
based on its determination that the habitat value of the acreage proposed to be
purchased off-sets the reduction in total acreage;
(d) Ownership of the Mitigation Property shall vest in the designated
public or private entity prior to issuance of a grading permit for the Project or any
development activity that results in physical disturbance of the Property or
vegetation thereon;
(e) PSIC shall fund an endowment for management of the Mitigation
Property in an amount approved by the Service. The endowment funding shall be
paid to the non-profit or public entity designated by the Service. The endowment
shall be funded by PSIC no later than thirty (30) days from the close of escrow for
the Mitigation Property, or the time period designated by the Service, whichever is
shorter;
(f) PSIC shall prepare a management plan for the Mitigation Property if
requested by the Service. If the Service does not request preparation of a
management plan, Petitioners shall have no right to compel PSIC to prepare a
plan.
(g) In addition to the Milk-vetch habitat requirements described in
Section 3(a) through 3(f) above, PSIC shall satisfy mitigation requirements for
Fringe-toed Lizard impacts by paying $240,000 to CNLM prior to issuance of a
grading permit for the Project or any development activity that results in physical
disturbance of the Property or vegetation thereon;
(h) PSIC shall complete the purchase of Milk-vetch habitat and fluid the
endowment for management of the habitat no later than December 31, 2007. If
PSIC fails to complete the purchase of Milk-vetch habitat by December 31, 2007,
settlementAgraement(FINAL) 4
this Habitat Option shall expire and PSIC shall be obligated to comply with the
Funding Option;
(i) PSIC shall provide Petitioners with written notice of its intent to
purchase Milk-vetch habitat at least 30 days prior to the close of escrow for the
habitat, and the written notice shall include a description of the property size and
location, information regarding the physical characteristics of the property which
qualify it as Milk-vetch habitat and contact information for the Service
representative that has approved or has asked to approve the purchase. In
addition, PSIC shall provide Petitioners with written notice of its payment of
Fringe-toed Lizard mitigation funds and payment of endowment funds within 14
days of their having been made.
4. The Milk-vetch and Fringe-toed Lizard mitigation obligations herein
shall be binding on PSIC, and any successors or assigns to existing or future
permits and entitlements constituting all or a portion of the Project Approvals
and/or the Project which is the subject of this action. PSIC shall provide a copy of
this Agreement to all successors and assigns. The Milk-vetch and Fringe-toed
Lizard mitigation obligations herein shall be mandatory conditions of proceeding
forward with any portion of the approved Project as currently approved or as may
be amended in the future and shall be made fully enforceable by way of either (a)
adoption by the City of Palm Springs as Project conditions and/or (b) recordation
of a Memorandum of Agreement or other document reflecting the mitigation terms
of this Agreement in the chain of title for the Property.
5. Prior to or no later than January 30 , 2004 or seven days from the
date this Agreement is executed by all parties, whichever occurs later, PSIC shall
pay Petitioners' attorney's fees and costs in the total amount of$37,832.
6. Within seven (7) days of receipt of confirmation that the mitigation
conditions of this Agreement have been adopted by the City as conditions of
Project approval or that a Memorandum of Agreement or other document reflecting
the terms of this Agreement has been recorded in the chain of title for the Property,
Petitioners shall file a dismissal of the Lawsuit with prejudice. Thereafter,
Petitioners shall not seek judicial review of the July 16, 2003 Project.
7. Provided that Respondents, their heirs or assigns are not in default of
the terms of this Agreement and provided that the Milk-vetch and Fringe-toed
Lizard mitigation obligations of this Agreement are not altered, Petitioners shall
not seek judicial review of additional permits or authorizations which may be
required to develop the Project, including, but not limited to, permits required by
the federal Clean Water Act and the California Fish and Game Code.
SettlementAn eement(FINAL) 5
8. Petitioners agree that the purpose of their challenge to the Project
Approvals is to secure additional mitigation for the disturbance of habitat and the
effect upon species located on the Property which goal has been accomplished as a
result of this Agreement. Therefore, in the event Respondents, their heirs or
assigns modify or change the Project, Petitioners agree to not file suit challenging
the modification or change, including any additional approvals that may be
required, based upon direct, indirect or cumulative effects on species or their
habitats, provided that: (i) Respondents, their heirs and assigns are not in default of
the terms of this Agreement, (ii) Milk-vetch and Fringe-toed Lizard mitigation
obligations of this Agreement are not altered, (iii) the total development acreage
does not increase and (iv) the modified or changed uses remain residential and/or
resort recreational . The provisions of this Section 8 shall expire after the passage
of ten years from the date this Agreement is executed by all parties.
9. PSIC's compliance with the Funding Option or Habitat Option shall
be in lieu of the $31,200.00 mitigation fee for Milk-vetch impacts imposed as a
condition of the July 16, 2003 Project Approvals, and shall also fully satisfy PSIC's
obligations with respect to mitigation of Fringe-toed Lizard impacts. However, this
Agreement does not alter or relieve PSIC of responsibility for all other mitigation
measures imposed as a condition of the Project Approvals.
10. All notices to be given under this Agreement shall be in writing and
either:
(a) Sent by certified mail, return receipt requested, in which case notice
shall be deemed delivered three (3) business days after deposit, postage prepaid in
the United States Mail;
(b) Sent by a nationally recognized overnight courier, in which case
notice shall be deemed delivered one (1) business day after deposit with this
courier; or
(c) By telecopy or similar means, if a copy of the notice is also sent by
United States Certified Mail, in which case notice shall be deemed delivered on
transmittal by telecopier or other similar means provided that a transmission
SettlementAeement(FINAL)
report is generated by reflecting the accurate transmission of the notices, as
follows:
If to the Center For Biological Diversity and Sierra Club:
Massie Siegel, Esq.
Center For Biological Diversity
P.O. Box 493
Idyll wild, CA 92549
(909) 659-6053 (Phone)
(909) 659-2484 (Fax)
Siena Club
c/o Joan Taylor
1800 S. Sunrise Way
Palm Springs, CA 92264
(760) 778-1101 (Phone)
(760) 323-3624 (Fax)
With a copy to:
D. Wayne Brechtel, Esq.
Worden, Williams, Richmond, Brechtel & Kilpatrick, APC
462 Stevens Avenue, Suite 102
Solana Beach, CA 92075
(858) 755-6604 (Phone)
(858) 755-5198 (Fax)
SetllementAgreement(FINAL) '7
If to P.S. Investment Company, LLC:
P.S. Investment Company, LLC
c/o Pat Blew
1804 The Strand
Manhattan Beach, CA 90226
410-991-6326
410-757-5841
410-757-8952 (Fax)
With a copy to:
Paul T. Selzer, Esq.
Selzer, Ealy, Hemphill & Blasdel, LLP
777 E. Tahquitz Canyon Way, Suite 329
Palm Springs, CA 92260
(760) 320-5977 (Phone)
(760) 320-9507 (Fax)
If to the City of Palm Springs:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204 (Phone)
(760) 322-8332 (Fax)
These addresses may be changed by written notice to the other party,
provided that no notice of a change of address shall be effective until actual
receipt by the parties of the notice. Copies of notices are for informational
purposes only, and a failure to give or receive copies of any notice shall not be
deemed a failure to give notice.
11. Respondents and Petitioners have cooperated in the drafting of this
Agreement and any rule of construction based on the drafter's identity shall not be
applied to any ambiguity in this Agreement.
12. Respondents and Petitioners shall act in good faith and shall take all
further actions reasonably necessary to effectuate the letter and the spirit of this
Agreement.
13. This Agreement and all rights and obligations arising out of it shall
be construed in accordance with the laws of the State of California. The parties to
SedementAgreement(FINAL) 8
this Agreement shall have the right to seek specific performance in addition to any
other remedies allowed by law.
14. Any litigation arising out of this Agreement shall be conducted only
in Riverside County, California.
15. The prevailing party in any litigation brought to enforce or interpret
this Agreement shall be entitled to recover its attorneys' fees and all costs of
litigation including, but not limited to, expert witness fees, in addition to any other
relief to which it may be entitled
16. This Agreement contains the entire agreement and understanding
concerning the Palm Springs Classic Project and Patin. Springs Classic Approvals
described herein and supercedes and replaces all prior negotiations or proposed
agreements, written or oral. Each of the parties hereto acknowledges that no other
party, nor the agents nor the attorneys for any party, has made any promise,
representation or warranty whatsoever, express or implied, not contained herein, to
induce the execution of this Agreement and acknowledges that this Agreement has
not been executed in reliance upon any promise, representation or warranty not
contained herein.
17. This Agreement may not be amended except in a writing signed by
all of the parties hereto.
18. Except as set forth above, all parties shall each bear their respective
costs and attorney's fees incurred in all of the legal proceedings between them
including the finalization of this Agreement and of the future actions required by
this Agreement.
19. Respondents and the Petitioners hereby acknowledge that they have
jointly negotiated the terms of this Agreement with assistance of legal counsel and
are executing this Agreement with the consent, and upon the advice, of their own
counsel.
20. Except as to the express terms herein, this Agreement shall in no
way limit the discretion of the City of Palm Springs or the City Council of Palm
Springs as to any future determinations or approvals concerning the Project or the
Property.
21. Each individual signing this Agreement represents and warrants that
he or she has been authorized to do so by proper action of the party on whose
behalf he or she has signed. PSIC, through its designated representative, further
represents that it has authority to carry out the terms and conditions of this
SettlementAb eement(FINAL) 9
Agreement and that there are no other entities or individuals required to ensure
compliance with the terms of this Agreement.
22. This Agreement may be signed in one or more counterparts and,
when all parties have signed the original or a counterpart, such counterparts
together shall constitute one original document.
23. This Agreement is executed by way of a compromise of disputed
claims and does not constitute and is not to be construed as an admission of fault
by any party.
Dated: V THE SIERRA CLUB
By
r '7-7
Its
SIGNATURES CONTI ED ON NEXT PAGE
SettlementAeement(FINAL) 10
Dated: lb—Loki CENTER FOR BIOLOGICAL DIVERSITY
By
Its 5171
SIGNATURES CONTINUED ON NEXT PAGE
SettlementAgieement(FINAL)doc t t
02/02/2004 14- 10 FAX 940 223 1180 ALESHIRE & WVNOER, LLP fa002/003
02/02/2004 1,3:54 F.4S TOO a22 8332 Palm Springs City C1erR + ALSHIRH & WYNDER U 012
Dated: Z CITy OF PALM SPRT OS
Attest: //]
� 1 �/,-4AI4�'cjty Clerk Its City Manager T
SIGNATURES CONTINUED ON NEXT PAGE
clowolt rKOVED A5 TO FORIO
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Scttl[m7cnttagcpr+ent(PTNAL) 12
02/02/2004 NUN 13:5S [T%/RX NO 9508) 1&012
01-14-04 13;45 From-SELZER,EALY,HEMPHILL & BLASDEL,LLP +760-320-9507 T-103 P,07/02 F-025
Dated: O Y P.S. INVESTMENT C MPANY, LLC
By
SIGNATURES CONTINUED ON NEXT PAGE.
SeglcmenlAgreament(FINAL) 13
Dated: D.T. PALM SPRINGS
INTERCONTINENTAL GOLF CENTER
ENTERPRISES, LTD., a California Limited
Partnership
By D.T. PALM SPRINGS
INTERCONTINENTAL GOLF CENTER,
INC., a Florida Corporation
By
tephen Mitchell
Its V/C-4 -tea c) t f
SIGNATURES CONTINUED ON NEXT PAGE
SettlementAgreement(FINAL).doc 14
APPROVED AS TO FORM:
Dated: Zzgdo Ll WORDEN, WILLIAMS, RICHMOND,
BRECHTEL &KILPATRICK, APC
D. Wayne Brecl el
Attorneys for The Center For Biological
Diversity and The Sierra Club
SIGNATURES CONTINUED ON NEXT PAGE
SettleinentAgreeinent(FINAL).doc 15
APPROVED AS TO/ FORM:
Dated: //L />� SELZER, EALY, HEMPHILL
& BLASDEL, LLP
B
Paul T. elzer
Attorneys or idents
END OF SIGNATURE PAGES
SettlementAn eement(F1NAL) 16
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF PALM SPRINGS AND CATHEDRAL CITY,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL A:
PARCEL 3 OF PARCEL MAP 27912, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP ON
FILE IN BOOK 183, PAGES 35 TO 37 INCLUSIVE OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
THAT PORTION OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN
BERNARDINO
MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE
SOUTH 000 17' 49"
EAST, ON THE EASTERLY LINE OF SAID SECTION 18, 855.00 FEET TO THE TRUE
POINT OF
BEGINNING;
THENCE NORTH 890 33' 31"WEST, 1993. 48 FEET TO A POINT'ON THE
NORTHEASTERLY
RIGHT OF WAY LINE OF BOGIE ROAD;
THENCE SOUTH 360 32' 23" EAST, ON SAID RIGHT OF WAY LINE, 675.93 FEET:
THENCE SOUTH 890 33' 31" EAST, 1593.83 FEET TOT HE EASTERLY LINE OF SAID
SECTION 18;
THENCE NORTH 000 17' 49" WEST, ON SAID EASTERLY LINE, 540.00 FEET TO
THE TRUE POINT
OF BEGINNING.
PARCEL C:
THAT PORTION OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN
BERNARDINO
MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 18;
THENCE SOUTH 000 17' 49" EAST, ON THE EASTERLY LINE OF SAID SECTION
18, 400.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 890 33' 31"WEST. 2320.21 FEET TO A POINT ON THE
NORTHEASTERLY RIGHT OF WAY LINE OF BOGIE ROAD;
THENCE SOUTH 360 32' 23" EAST, ON SAID RIGHT OF WAY LINE, 569.53 FEET;
THENCE SOUTH 890 33' 31" EAST, 1.993.48 FEET TO THE EASTERLY LINE OF
SAID SECTION 18;
THENCE NORTH 000 18' 00"WEST, ON SAID EASTERLY LINE, 455.00 FEET TO
LEGAL DESCRIPTION
THE TRUE POINT OF BEGINNING.
PARCEL D:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST
QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING THE OFFICIAL PLAT
THEREOF, LYING NORTHEAST OF THE NORTHEASTERLY LINE OF THE RIGHT
OF WAY, 100.000 FEET WIDE, DESCRIBED IN DEED TO THE CITY OF PALM
SPRINGS RECORDED JUNE 18, 1970 AS INSTRUMENT NO. 58064, OFFICIAL
RECORDS,
PARCEL E:
THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION LYING WEST OF THE EAST LINE OF THE RIGHT OF
WAY. 100.0-0 FEET WIDE, DESCRIBED IN DEED TO THE CITY OF PALM
SPRINGS. RECORDED JUNE 18, 1970 AS INSTRUMENT NO. 58064, OFFICIAL
RECORDS.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND 2
OF PARCEL MAP 27912, AS SHOWN BY MAP ON FILE IN BOOK 184, PAGES 35
TO 37 OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS.
PARCEL F:
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 7. TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
PARCELG:
THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF.
EXCEPT THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SOUTHEAST QUARTER OF SECTION 7.
PARCEL H:
LEGAL DESCRIPTION
THE SOUTH 330.00 FEET OF THE NORTH 1650.00 FEET TO THE EAST HALF OF
THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
PARCELI:
THE SOUTH 330.00 FEET OF THE NORTH 1320.00 FEET TO THE EAST HALF OF
THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
PARCEL J:
THE SOUTH 330.00 FEET OF THE NORTH 990.00 FEET OF THE EAST HALF OF
THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
ALSO EXCEPT THAT PORTION DESCRIBED BY DEED TO FAIRPORT
CONSTRUCTION
INCORPORATED, CA., A CALIFORNIA CORPORATION, RECORDED
OCTOBER 12, 1982 AS
INSTRUMENT NO. 175158 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL K:
THE SOUTH 330.00 FEET OF THE NORTH 660.00 FEET OF THE EAST HALF OF
THE NORTHWEST
QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN
BERNARDINO MERIDIAN,
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF.
ALSO EXCEPT THAT PORTION DESCRIBED BY DEED TO FAIRPORT
CONSTRUCTION
INCORPORATED, A CALIFORNIA CORPORATION, RECORDED OCTOBER
12, 1982 AS
INSTRUMENT NO. 175158, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL L:
THE NORTH 330.00 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF
LEGAL DESCRIPTION
SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ACCORDING TO THE
OFFICIAL PLAT
THEREOF.
EXCEPT THAT PORTION THEREOF AS DESCRIBED BY DEED TO COACHELLA
VALLEY COUNTY
WATER DISTRICT, BY INSTRUMENT RECORDED OCTOBER 30, 1967AS
INSTRUMENT NO. 95385,
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPT THAT PORTION THEREOF AS DESCRIBED BY DEED TO FAIRPORT
CONSTRUCTION INCORPORATED, A CALIFORNIA CORPORATION, RECORDED
OCTOBER 13,
1982 AS INSTRUMENT NO. 175158, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL M:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 4
SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;
THENCE SOUTH 890 51' 56: EAST, ALONG THE NORTHERLY LINE OF SAID
SECTION 7, A
DISTANCE OF 1395.40 FEET TO A POINT OF INTERSECTION WITH THAT CERTAIN
LINE SHOWN
AS TRUE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF
SECTION 7 OF RECORD OF SURVEY ON FILE IN BOOK 67, PAGES 85 AND 86 OF
RECORDS OF
SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE SOUTH 00 04' 09" EAST ALONG SAID LINE, A DISTANCE OF 1236.55 FEET
TO POINT
ON THE EASTERLY RIGHT OF WAY LINE OF BOGIE ROAD (100.00 FEET IN
WIDTH)
SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 11° 37' 13"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE.
A DISTANCE
OF 0.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY,
HAVING
RADIUS OF 950.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 110 53'
44" A DISTANCE OF 197.23 FEET;
LEGAL DESCRIPTION
THENCE TANGENT TO SAID CURVE SOUTH 00 16' 31" EAST A DISTANCE OF
1215.50 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SECTION
7;
THENCE SOUTH 890 37' 58: EAST, A DISTANCE OF 15.49 FEET TO A POINT OF
INTERSECTION
WITH THE SOUTHERLY PROLONGATION OF THE TRUE EAST LINE OF THE
NORTHWEST
QUARTER OF THE NORTHWEST QUARTER AS SHOWN ON SAID RECORD OF
SURVEY;
THENCE NORTH 00 04' 09" WEST ALONG SAID LINE, SA DISTANCE OF 1412.32
FEET TO THE
TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTHERLY 988.22 FEET THEREOF.
PARCEL N:
THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THEREFROM THAT PORTION OF SAID LAND CONTAINED IN THE FINAL
ORDER OF
CONDEMNATION RECORDED JUNE 7, 1965 AS INSTRUMENT NO. 65681,
OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL0:
PARCEL 4 OF PARCEL MAP 27912, IN THE CITY OF PALM SPRINGS, COUNTY OF
RIVERSIDE,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 183, PAGES 35 TO
37 INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL P:
PRACTICE FACILITY (PORTION OF PARCEL P1):
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M., MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF
SECTION 7;
LEGAL DESCRIPTION
THENCE NORTH 00023'57" WEST ALONG THE EASTERLY LINE OF SAID
NORTHEAST QUARTER, A DISTANCE OF 1252.50 FEET;
THENCE NORTH 35026'47"WEST, A DISTANCE OF 720.00 FEET;
THENCE NORTH 89051'11" WEST, A DISTANCE OF 1045.37 FEET TO A POINT ON
THE NORTHEASTERLY LINE OF THAT 200.00 FEET WIDE EASEMENT CONVEYED
TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT FOR FLOOD CONTROL PURPOSES, SAID POINT BEING ON A NON-
TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
40,200.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 53010'33"
WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID NORTHEASTERLY
LINE THROUGH A CENTRAL ANGLE OF 03012'41", AN ARC DISTANCE OF 2,253.18
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF
SECTION 7;
THENCE SOUTH 89037'53" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF
172.37 FEET TO THE POINT OF BEGINNING.
PARCEL Q:
ALL THAT PORTION OF THE NORTH 1/2 OF SECTION 7, TOWNSHIP 4 SOUTH,
RANGE 5 EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION AND THE CENTER
LINE OF VISTA CHINO (110.00 FEET IN WIDTH) A DISTANCE OF 290.50 FEET TO
THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION;
THENCE SOUTH 00° 10' 24" EAST ALONG THE WEST LINE OF SAID NORTHEAST
1/4 A DISTANCE OF 55.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
VISTA CHINO AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 890 51' 56" WEST ALONG SAID SOUTHERLY RIGHT OF WAY OF
VISTA CHINO A DISTANCE OF 109.25 FEET;
THENCE LEAVING SAID SOUTHERLY VISTA CHINO RIGHT OF WAY, SOUTH 39°
01' 05" EAST A DISTANCE OF 174.19 FEET TO THE EAST LINE OF SAID
NORTHWEST 1/4;
THENCE CONTINUING SOUTH 390 01' 05" EAST A DISTANCE OF 2701.29 FEET TO
THE POINT OF BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 30,000.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 500 59' 37" EAST; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 000 53' 53" AN ARC DISTANCE OF
470.24 FEET TO THE SOUTH LINE OF THE NORTHEAST 114 OF SAID SECTION 7;
THENCE SOUTH 890 38' 08" EAST ALONG SAID SOUTH LINE A DISTANCE OF
201.60 FEET TO A
POINT ON THE EASTERLY RIGHT OF WAY OF THE WHITEWATER RIVER, SAID
POINT BEING ON
A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS
OF 40,000.00, A
RADIAL LINE TO SAID POINT BEARS NORTH 56' 10' 36" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID WESTERLY RIGHT
LEGAL DESCRIPTION
OF WAY
THROUGH A CENTRAL ANGEL OF 040 36' 58" AND ARC DISTANCE OF 3222.64
FEET TO SOUTH
SOUTHERLY RIGHT OF WAY OF VISTA CHINO;
THENCE NORTH 890 51' 36"WEST ALONG SAID RIGHT OF WAY A DISTANCE OF
296.06 FEET
TO SAID TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;
THENCE SOUTH 890 51' 56" EAST ALONG THE NORTH LINE OF SAID SECTION
AND THE
CENTER LINE OF VISTA CHINO (110.00 FEET IN WIDTH) A DISTANCE OF 2690.50
FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST ONE QUARTER OF SAID SECTION;
THENCE SOUTH 000 10' 24: EAST ALONG THE WEST LINE OF SAID NORTHEAST
ONE QUARTER
A DISTANCE OF 55.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VISTA
CHINO;
THENCE SOUTH 890 51' 36" EAST ALONG SAID SOUTHERLY RIGHT OF WAY OF
VISTA CHINO A
DISTANCE OF 59.70 FEET TOT HE TRUE POINT OF BEGINNING;
THENCE SOUTH 890 51' 36" EAST ALONG SAID SOUTHERLY RIGHT OF WAY
VISTA CHINO A
DISTANCE OF 236.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF
THE
WHITEWATER RIVER, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIAL OF 40,000.00, A RADIAL LINE TO SAID
POINT BEARS
NORTH 510 33' 38" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY OF THE
WHITEWATER RIVE, THROUGH A CENTRAL ANGLE OF 01° 55' 46" AND ARC
DISTANCE OF
1346.92 FEET TO A CUSP OF A CURVE, CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 3840
FEET, A RADIAL LINE TO SAID POINT BEARS 47° 21' 12" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 110 49' 25"
AND ARC DISTANCE OF 792.42 FEET;
THENCE NORTH 540 28' 13"WEST A DISTANCE OF 551.39 FEET;
THENCE NORTH 390 01' 05" WEST A DISTANCE OF 78.17 FEET TO A POINT ON
THE EASTERLY
RIGHT OF WAY LINE OF BIRD CENTER DRIVE AND THE BEGINNING OF A NON-
TANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 283.00 FEET, A
RADIAL LINE
TO SAID POINT BEARS SOUTH 750 45' 48" EAST;
THENCE NORTHERLY ALONG SAID CURVE AND RIGHT OF WAY THROUGH A
CENTRAL ANGLE
LEGAL DESCRIPTION
OF 140 24' 36" AN ARC DISTANCE OF 71.23 FEET;
THENCE NORTH 490 15' 51" EAST A DISTANCE OF 35.24FEET TO A POINT ON THE
SOUTHERLY
RIGHT OF WAY LINE OF VISTA CHINO AND SAID TRUE POINT OF BEGINNING.
PARCEL R:
NOTINCLUDED
PARCELS:
NOTINCLUDED
PARCEL T:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 4
SOUTH, RANGE 1
EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE TRUE CENTER OF SECTION 7 AS SHOWN ON RS 67/85-86:
THENCE NORTH 89 DEC 37' 59"WEST, A DISTANCE OF 219.29 FEET;
THENCE NORTH 0 DEG 09' 42"WEST, A DISTANCE OF 992.86 FEET;
THENCE SOUTH 89 DEG 50' 42" EAST, A DISTANCE OF 219.28 FEET;
THENCE SOUTH 0 DEG 09' 42"WEST, A DISTANCE OF 993.67 FEET TO THE
POINT OF
BEGINNING.
SAID LAND IS ALSO SHOWN AS PARCEL 3 OF LOT LINE ADJUSTMENT NO. L89-
10RECORDED
NOVEMBER 22, 1989 AS INSTRUMENT NO. 411023 OF OFFICIAL RECORDS OF
RIVERSIDE
COUNTY, CALIFORNIA.
COMPRISING 408.59 ACRES, MORE OR LESS.
EXHIBIT
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VD
MAIUI G SMITH AND ASSOCIATES, INC.
PALM SPRINGS CLASSIC PU 777 E. C QUHZGCN ONG/UNL 301 HG
]]]E. TAAQl1TTZ CANYON IIAY, SOTTE 301
PA SPRINGS, CA FOR 922 62-616 4
TELEPHONE(760) 320-9611 /Fff 323-7693
01/28/2004. 12 27 FAX 7604315902 US FISH AND WILDLIFE C�002/002
-:3an 2'� _:�4, -1[9: [)4a :GTRF•t]R-- FIflTURRL -LflFIDS C�1GT•,' G76,0) 731 ='.7791 :`p zJ. -
V E R
N L M FAX
S H E E T
To: Paul T. Selzer (Selzer, Ealy, Hemphill&Blasdel,LLP),
USFW S, Carlsbad Office and David Lynch, Lennar Comm.
Fax: (760) 320-5977/(760)431-5901/(909) 8I7-3679
From: Mike Stroud, CNLM
Subject: Draft Settlement Agreement(Case#5.0666-B-PD-231)
Pages: One a� eo g, a«ona a
Date: January 22, 2004 a eoffha land,
To the Parties of the Settlement Agreement and the US Fish &Wildlife Service:
This regards the draft settlement agreement for Case No. 5,0666-13-PD-231, a 460 acre
(approximate) development within the City of Palm Springs. The Center for Natural Lands
Management (CNLM) agrees to comply with See. 2(d) of subject agreement (attached)
regarding the use of the mitigation funds subject to the following:
1. That it is understood and agreed by all parties that CNLM will be authorized an
"acquisition fee' in an amount not to exceed 2,5% of the acquisition cost for each parcel this will
cover pertinent costs for CNLM staff and contractors (including appraisals), These aquisition
fees are to come out of the settlement amount, i•e. not in addition to the settlement amount;
2_ That a minimum of 10% of the amount of the funds set aside for Milk-vetch habitat
mitigation will be placed in an endowment account for the management of the acquired property;
3. That it is understood that the number of acres acquired for the Milk-vetch habitat is
dependent on the fair market value of available properties, as determined by a California State
Certified General Appraiser with localized experience in the Coachella Valley.
•_;;.j�G From the desk
Michael C. Stroud
MIC L C. STROUD Director of Operations
Director of Operations Center for Natural Lands Management
CNLM 425 E.Alvarado Street,Ste H
Fallbrook CA 2960
Email) mstroud@cnlm.orejg
Website:vv mwcnlm.org
Phone: (760)731-7790
Fax: (760)731-7791
Received Time •lan , 28 , 12 : 29PM