HomeMy WebLinkAbout00318C - SIERRA CLUB ANDREAS PALMS WILLIAMS CANYON PROJECT JUDGEMENT • Sierra Club, Andreas Palms
.
Erik Williams-Stip Entry of
Judgment-Indio 64715-Canyon
AGREEMENT #318C Project
R896, 8-4-93
1 KANE, BALLMER i BERKMAN
420 Popular Center
2 354 South Spring Street
Los Angeles, California 90013
3 (213) 617-0480
4
5 Attorneys for Plaintiffs/Petitioners,
SIERRA CLUB, ANDREAS PALMS COMMUNITY
6 ASSOCIATION, INC. and ERIK J. WILLIAMS
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF RIVERSIDE
10
11 SIERRA CLUB, a California nonprofit ) NO. INDIO 64715
organization, ANDREAS PALMS )
12 COMMUNITY ASSOCIATION, INC. , a ) STIPULATION FOR ENTRY OF
California mutual benefit ) JUDGMENT
13 corporation and ERIK J. WILLIAMS, )
14 Plaintiffs and Petitioners, )
15 vs. )
16 ALL PERSONS INTERESTED IN THE )
MATTER OF THE REDEVELOPMENT PLAN )
17 FOR CANYON REDEVELOPMENT PROJECT AS )
PURPORTEDLY ADOPTED BY ORDINANCE ON )
18 JULY 19, 1991 BY THE CITY COUNCIL )
OF THE CITY OF PALM SPRINGS; )
19 COMMUNITY REDEVELOPMENT AGENCY OF )
THE CITY OF PALM SPRINGS; THE CITY )
20 OF PALM SPRINGS; THE CITY COUNCIL )
OF THE CITY OF PALM SPRINGS and )
21 DOES 1-50, Inclusive, )
22 Defendants and Respondents. )
23 )
CANYON DEVELOPMENT, a California )
24 general partnership; and DOES 51- )
100, Inclusive, )
25 Real Parties in Interest. )
26 )
27 IT IS HEREBY STIPULATED by and between Plaintiffs and
28 Petitioners in Case No. 64715, Sierra Club, Andreas Palms
4 BERK1M4 STIPULATION LM MFM OF JUDGMENT
i •
1 Community Association, Inc. and Erik J . Williams (collectively,
2 "Plaintiffs") ; Defendants, Community Redevelopment Agency of the
3 City of Palm Springs (the "Agency") , the City of Palm Springs
4 (the "City") and the City Council of the City of Palm Springs
5 (the "City Council") (the City Council, the City and the Agency I '
6 collectively referred to herein as the "Palm Springs Entities"] ,-
7 and Real Party in Interest, Canyon Development ("Canyon") as
8 follows:
9 WHEREAS, the parties to this Stipulation acknowledge the
10 existence of other challenges to the Canyon Redevelopment Plan
11 (the "Plan") and further acknowledge the possibility that the
12 Plan could be declared invalid pursuant to a judgment after
13 trial in such challenge(s) ; and
14 WHEREAS, the parties also acknowledge the interlocutory
15 nature of any judgment proposed herein, pending the outcome of
16 other challenges to the Plan;
17 1. The parties to this Stipulation hereby-agree that,
18 should the Plan's validity be upheld in the other challenges,
19 the parties shall nevertheless be bound by the proposed judgment
20 entered pursuant to this Stipulation, and that any final
21 judgment upholding the validity of the Plan shall incorporate
22 the provisions of the judgment proposed by this Stipulation.
23 2. The parties to this Stipulation further agree that
24 should the Plan ultimately be held invalid, then the Judgment as
25 proposed herein shall be void, and the parties shall have no
26 obligation to one another, except that Plaintiffs shall not
27 pursue any other action with respect to the Plan which is the
28 subject of this litigation and Plaintiffs shall retain
i El7ODUl1 SIIMAIIOU FO1[ MMY Or JUDGMMT
1 attorneys ' fees and costs paid hereunder.
2 3 . The parties to this Stipulation waive any right to
3 request any findings including, without limitation, a Statement
4 of Decision herein.
5 4. The parties agree and stipulate that the filing of
6 this Stipulation shall constitute request by all parties hereto
7 that the Court enter judgment conforming in form and content to
8 the document attached hereto, marked Exhibit "1" and
9 incorporated herein (the "Judgment") . Plaintiffs agree that the
10 Defendants are free to negotiate settlement agreements with the
11 other parties to the litigation concerning the Plan (Case No.
12 65118] and are free to modify the Judgment as necessary to
13 reflect the terms of such settlement agreement, provided that
14 such terms do not avoid and are not inconsistent with the terms
15 of the Judgment attached hereto as Exhibit 1. Plaintiffs to
16 Case No. 64715 hereby agree to be bound by any further terms
17 deemed necessary by the Court to achieve one final judgment,
18 provided that such terms do not avoid or are inconsistent with
19 the terms of the Judgment.
20 5. THE PARTIES TO CASE NO. 64715 AGREE AND ACKNOWLEDGE
21 THAT THE JUDGMENT ALLOWS FOR THE POSSIBILITY OF LIQUIDATED
22 DAMAGES BEING ASSESSED AGAINST CANYON FOR CERTAIN BREACHES, AS
23 DESCRIBED IN PARAGRAPH IV. TO THE JUDGMENT. THE PARTIES AGREE
24 THAT THE SUMS DESIGNATED IN THE JUDGMENT AS LIQUIDATED AND
25 AGREED DAMAGES FOR BREACHES RELATED TO THE FLOOD CONTROL WORK
26 DESCRIBED IN PARAGRAPHS II.H AND II.I. THEREIN AND/OR THE SUMS
27 DESIGNATED IN THE JUDGMENT AS LIQUIDATED AND AGREED DAMAGES FOR
28 BREACHES RELATED TO ROUGH GRADING, BLASTING, ROCKCRUSHING OR
coat, euanw
i EQD]MU SYIPUTAYIOU Pal MMY Q .mDGMUIY
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1 EARTH MOVEMENT ACTIVITIES AS DESCRIBED IN PARAGRAPH II.J.
2 THEREIN, ARE REASONABLE CONSIDERING ALL OF THE CIRCUMSTANCES
3 EXISTING ON THE DATE OF STIPULATION TO JUDGMENT, INCLUDING THE
4 RELATIONSHIP OF THE SUM TO THE RANGE OF HARM TO THE DESERT
5 HABITAT AND ENVIRONMENT THAT REASONABLY COULD BE ANTICIPATED AND
6 THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR
7 INCONVENIENT. NOTHING HEREIN SHALL BE DEEMED TO ALTER OR WAIVE
8 ANY REMEDY OTHER THAN DAMAGES PLAINTIFFS MAY HAVE UNDER THIS
9 STIPULATION TO JUDGMENT AND JUDGMENT, FOR CANYON'S FAILURE TO
10 COMPLY WITH THE PROVISIONS OF PARAGRAPHS II.H. , II.I. OR II.J.
11 IN THE JUDGMENT, INCLUDING WITHOUT LIMITATION, INJUNCTIVE
12 RELIEF. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED, EACH
13 PARTY TO WHOM LIQUIDATED DAMAGES PROVISIONS APPLY SPECIFICALLY
14 CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT
15 THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED THE
16 CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION AT THE TIME
17 THIS STIPULATION TO JUDGMENT WAS MADE.
18 Canyon Sierra Club
19 Initial here. /L— Initial here:
20 Andreas Palms Erik Williams
21 Initial here:4. Initial here:
22
23 6. The terms and provisions hereof shall be binding upon,
24 or inure to the benefit of, as the case may require, the parties
25 hereto and their successors in interest and assigns, subject to
26 the exculpation provisions set forth in Paragraph VII.B of the
27 Judgment.
28 7. The Palm Springs Entities and Canyon hereby agree for
On, BAiurs
• eERE)" STIMAnON rat EMT (W JUDGMr
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1 EARTH MOVEMENT ACTIVITIES AS DESCRIBED IN PARAGRAPH II.J.
2 THEREIN, ARE REASONABLE CONSIDERING ALL OF THE CIRCUMSTANCES
3 EXISTING ON THE DATE OF STIPULATION TO JUDGMENT, INCLUDING THE
4 RELATIONSHIP OF THE SUM TO THE RANGE OF HARM TO THE DESERT
5 HABITAT AND ENVIRONMENT THAT REASONABLY COULD BE ANTICIPATED AND
6 THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR
7 INCONVENIENT. NOTHING HEREIN SHALL BE DEEMED TO ALTER OR WAIVE
8 ANY REMEDY OTHER THAN DAMAGES PLAINTIFFS MAY HAVE UNDER THIS
9 STIPULATION TO JUDGMENT AND JUDGMENT, FOR CANYON'S FAILURE TO
10 COMPLY WITH THE PROVISIONS OF PARAGRAPHS II.H. , II.I. OR II.J.
11 IN THE JUDGMENT, INCLUDING WITHOUT LIMITATION, INJUNCTIVE
12 RELIEF. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED, EACH
13 PARTY TO WHOM LIQUIDATED DAMAGES PROVISIONS APPLY SPECIFICALLY
14 CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT
15 THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED THE
16 CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION AT THE TIME
17 THIS STIPULATION TO JUDGMENT WAS MADE.
18 Canyon Sierra Club
19 Initial here: Initial here:
20 Andreas Palms Erik Willi-amps"
21 Initial here: Initial here: e�w
22
23 6. The terms and provisions hereof shall be binding upon,
24 or inure to the benefit of, as the case may require, the parties
25 hereto and their successors in interest and assigns, subject to
26 the exculpation provisions set forth in Paragraph VII.B of the
27 Judgment.
28 7 . The Palm Springs Entities and Canyon hereby agree for
uvNc, nnuwx
i BER MN STIPULATION FM ENTRY or JUDGMENT
—4—
1 the benefit of Plaintiffs, as a covenant and contractual
2 obligation separate from this Judgment, that the Palm Springs
3 Entities and Canyon shall conform to, comply with, and be bound
4 by the limitations, controls and criteria set forth in
5 Paragraphs II. and V. of the Judgment for the implementation of
6 the Redevelopment Plan.
7 8. Each and every party hereto waives any right of
8 appeal, whether direct, indirect, or by collateral attack, which
9 may arise from this action, including but not limited to the
10 right to appeal the Judgment or any of the prior orders of this
11 Court made in this action.
12 9. The Palm Springs Entities shall not discriminate
13 against Plaintiffs or any other person as a result of participa-
14 tion or involvement in this lawsuit or as a result of any
15 Position taken by any such person with respect to this lawsuit.
16 10. The Palm Springs Entities shall pay to Plaintiffs '
17 counsel, Kane Ballmer & Berkman, on behalf of Plaintiffs Sierra
18 Club, Erik Williams and Andreas Palms Community Association, the
19 sums of One Hundred Eighty-five Thousand, Sixty-four Dollars and
20 6 cents ($185,064.06) for legal fees and expenses, and Twelve
21 Thousand one Hundred Ninety-two Dollars and 18 cents
22 ($12, 192 .18) to Peter Williams & Associates, as and for
23 consultant costs incurred in this action, and such payments
24 shall be made within five (5) business days of the filing of the
25 Stipulation.
26 11. This Stipulation shall only take effect upon its
27 execution by each and every party hereto and upon its approval
28 and acceptance by the Court.
LAKE. BALIM o
l EER24AR STIPDLITIOIF YOR EKTRY OF .mDQ4Rr
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1 12 . In the event that any party hereto shall institute any
2 action or proceeding to enforce or interpret any of the
3 provisions of this Stipulation or Judgment, including the
4 payment of attorneys fees, the prevailing party in such action
5 or proceeding shall be entitled to recover all of its costs and
6 expenses incurred in the action or proceeding, including, but
7 not limited to reasonable attorneys' fees and court costs.
8
9
10
11 Dated: By:
ERIK J. WILLIAMS
12
13 SIERRA CLUB
14
15 Dated: fiU6 S, /9 93 ',��
16 RAL'P/-f i-J sAc,Sr3��y�C 4�e
17 ANDREAS PALMS COMMUNITY
ASSOCIATION, INC.
18
19 ��_�/ /99 3 By: {�
Dated• �.1_�.
20
21 Approved as to Form:
22 KANE, BALLMER & BERKMAN
R. Bruce Tepper, Jr.
23
24 Dated: By:
R. Bruce Tepper, Jr.
25 Attorneys for Plaintiffs,
ERIK J. WILLIAMS, ANDREAS PALMS
26 COMMUNITY ASSOCIATION, INC, and SIERRA
CLUB
27
28
4 XEM: AN STIFOLATIOO FM ENTRY OF JUDGMENT
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1 12 . In the event that any party hereto shall institute any
2 action or proceeding to enforce or interpret any of the
3 provisions of this Stipulation or Judgment, including the
4 payment of attorneys fees, the prevailing party in such action f
i
5 or proceeding shall be entitled to recover all of its costs and
6 expenses incurred in the action or proceeding, including, but i
7 not limited to reasonable attorneys' fees and court costs.
I
8
9
10
Dated: August 7, 1993
ll By: I
12 ERIK J WILLIAMS
13 SIERRA CLUB
i
14
15
Dated: By:
16
17 ANDREAS PALMS COMMUNITY
ASSOCIATION, INC.
18
19
Dated: By:
20
21 Approved as to Form:
22 KANE, BALLMER & BERKMAN
23 R. Bruce Tepper, Jr.
24 Dated: By:
R. Bruce Tepper, r.
25 Attorneys for Plainti ,
ERIK J. WILLIAMS, ANDREAS PALMS
26 COMMUNITY ASSOCIATION, INC. and SIERRA
CLUB
27
28
KANE, WIMER
c OEM" STIMLATION Fat e,rx: OF ,nmoEKT
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1
-ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE
2 CITY OF PALM SPRINGS
3 ---Deputy City Clerk
4 Dated: I i r l S By;A- ,
G t
[NAME]
5 —ATTEST: THE CITY OF PALM SPRINGS
V^-
7 eputy City Clerk
Dated: �� ✓"
$ " I By NAME]
9 AT THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS
Deputy City Clerk
11 Dated: i I� 3 By; A �Cc�r� N✓
12 I [NAME]
13
14 Approved as to Form:
15 RUTAN & TUCKER
16
17 Dated: By;
David Aleshire
18 Attorneys for Defendants,
COMMUNITY REDEVELOPMENT AGENCY OF THE
19 CITY OF PALM SPRINGS, THE CITY OF PALM
SPRINGS and THE CITY COUNCIL OF THE
20 CITY OF PALM SPRINGS
21
22
23
24
25
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27
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& BERKMAN ST PULAnCK Fat EWW OF JUDGM r
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i
COMMUNITY REDEVELOPMENT AGENCY OF THE
2 CITY OF PALM SPRINGS
3
4 Dated: By:
N ]
5
THE CITY OF PALM SPRINGS
6
7 Dated:
By:
$ (NAME]
9 THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS
10
11 Dated: By:
12 (NAME]
13
14 Approved as to Form:
15 RUTAN & TUCKER
16
17 Dated: By:
David Y5JAleshire o
18 Attorneys for Defendants,
COMMUNITY REDEVELOPMENT AGENCY OF THE
19 CITY OF PALM SPRINGS, THE CITY OF PALM
SPRINGS and THE CITY COUNCIL OF THE
20 CITY OF PALM SPRINGS
21
22
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25
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a eQm+n� srrruu CE FM mar a JUD2Mr
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1
CANYON DEVELOPMENT
2
3
Dated: By:
4 [NAME]
5 Approved as to Form:
6
RICHARDS, WATSON & GERSHON
7 / 1 / Robert M. Goldfried
�y C\
8 Dated: 0i �I I Y �3 By:C)n �o10 i'nu 1
9 tN E]
Attorh ys for Real Party in Interest,
10 CANYON DEVELOPMENT
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rA=, enurIM
a BEROM SnPla-r OK rat W= Of JUDG T
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1 I�
CANYON DEVELOPMENT i
3
Dated: By:
4 [NAME]
5
Approved as to Form:
6
RICHARDS, WATSON & GERSHON
7
8 l `� y: J Dated: B �-�.�., g
9 �j/� / / [N
I
Attorneys for Real Party in Interest,
10 CANYON DEVELOPMENT
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KANE. &MIMEN
i lERKMN mpui.AIIow rat nrtsr or ,NDc"aw
-8-
1
ORDER
2
Good cause appearing therefor, the above Stipulation is
3
accepted and ordered filed.
4
5 j
6 Dated:
7
Judge of the Superior Court
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I
1 KANE, BALLNER i BERXXAN
420 Popular Center
2 354 South Spring Street
Los Angeles, California 90013
3 (213) 617-0480
4
5 Attorneys for Plaintiffs/Petitioners,
SIERRA CLUB, ANDREAS PALMS COMMUNITY
6 ASSOCIATION, INC. and ERIK J. WILLIAMS
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF RIVERSIDE
10
11 SIERRA CLUB, a California nonprofit ) NO. INDIO 64715MF
organization, ANDREAS PALMS ) INDIO 65118
12 COMMUNITY ASSOCIATION, INC. , a )
California mutual benefit ) JUDGMENT
13 corporation and ERIK J. WILLIAMS, )
14 Plaintiffs and Petitioners, j
15 vs. )
ALL PERSONS INTERESTED IN THE )16 )
MATTER OF THE REDEVELOPMENT PLAN )
17 FOR CANYON REDEVELOPMENT PROJECT AS )
PURPORTEDLY ADOPTED BY ORDINANCE ON )
18 JULY 19, - 1991 BY THE CITY COUNCIL )
OF THE CITY OF PALM SPRINGS; )
19 COMMUNITY REDEVELOPMENT AGENCY OF )
THE CITY OF PALM SPRINGS; THE CITY )
20 OF PALM SPRINGS; THE CITY COUNCIL )
OF THE CITY OF PALM SPRINGS; and )
21 DOES 1-50, Inclusive, )
22 Defendants and Respondents. )
23 )
CANYON DEVELOPMENT, a California )
24 general partnership; and DOES 51- )
100, Inclusive, )
25
Real Parties in Interest. )
26 )
27 )
AND CONSOLIDATED CASE )
28 )
rA=, MLINM
t Hanam ,mnoQr
0
1 WHEREAS, Plaintiffs and Petitioners, Sierra Club, Andreas
2 Palms Community Association, Inc. and Erik J. Williams (collec-
3 tively, "Plaintiffs") , the Community Redevelopment Agency of the
4 City of Palm Springs (the "Agency") , the City of Palm Springs
5 (the "City") the City Council of the City of Palm Springs (the
6 "City Council"; collectively the Agency, the City Council and
7 the City are referred to as the "Palm Springs Entities") , and
8 Real Party in Interest Canyon Development ("Canyon") have
9 executed a "Stipulation For Entry of Judgment" (the "Stipula-
10 tion") ; and,
11 GOOD CAUSE APPEARING THEREFOR, the Stipulation was accepted by
12 the Court, and ordered filed; and, by executing the Stipulation,
13 Plaintiffs, the Palm Springs Entities and Canyon, being
14 represented by counsel of their choice, have effectively waived
15 any right to seek or obtain findings, including, without
16 limitation, a Statement of Decision herein, and have agreed to
17 this Judgment being entered by the Court.
18 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as a judgment
19 which shall be forever binding and conclusive upon the parties
20 hereto and all other persons, with reference to the Redevelop-
21 ment Plan for Canyon Redevelopment Project (the "Redevelopment
22 Plan") , the Canyon Park Resort & Spa Specific Plan (the
23 "Specific Plan") and the Canyon Park Resort & Spa (the
24 "Project") and as an exercise of the Court's equitable powers,
25 as follows:
26 Z. Subject to the performance of Section II. hereof, as set
27 forth in Section IV. :
28 A. Ordinance No. 1388, adopted on July 19, 1991, by the
rya, ne,us
a nna�i JUoasr
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1 City Council, approving and adopting the Redevelopment Plan, is
2 hereby declared to be adequate, sufficient, legal and valid in
3 all respects.
4 B. The Redevelopment Plan, as specified by this Judgment,
51 is hereby declared to be adequate, sufficient, legal and valid
6 in all respects.
7 C. Resolution No. 17-600, adopted on July 19, 1991, by
8 the City Council, approving and adopting the Specific Plan, is
9 hereby declared to be adequate, sufficient, legal and valid in
10 all respects.
11 D. Resolution No. 15799, adopted on July 19, 1991, by the
12 City Council, amending and adopting the General Plan with
13 respect to the Redevelopment Plan and the Specific Plan, is
14 hereby declared to be adequate, sufficient, legal and valid in
15 all respects.
16 =I• Subject to the continuing jurisdiction of this Court,
17 Defendants, the Palm Springs Entities and Canyon, shall conform
18 to, comply with, and be bound by, all of the following
19 limitations, controls and criteria for the implementation of the
20 Redevelopment Plan and any agreements entered into for the
21 implementation thereof:
22 71. Except as expressly provided for herein in Paragraphs
23 II.B. , II.C. and II.D„ no development will be permitted in the
24 following designated portions of the Redevelopment Project Area:
25 1. the westerly one-half of Section 34, Township 4
26 South, Range 4 East, consisting of approximately 120
27 acres, as set forth in Exhibits A, A-1 and A-2 [MAP OF
28 ORIGINAL PROJECT AREA AS REVISED TO SHOW 120-ACRE AREA
iea. n.u�s
JUDMIM
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1 [A] , RESTRICTED AREA [A-1] , AND PERMITTED DEVELOPMENT
2 AREA [A-2] and referred to herein as the "Western
3 Restricted Area",
4 2 . the area within Section 36 that is east of a line
5 that is 291 feet east of, and parallel to, the westerly
6 boundary of Section 36, Township 4 South, Range 4 East,
7 consisting of approximately 29.5 acres, as set forth in
8 Exhibits B and B-1 [MAP OF EASTERLY DEVELOPMENT LIMITS
9 [B] AND DETAIL OF EASTERLY DEVELOPMENT LIMITS [B-1] and
10 referred to herein as the "Eastern Restricted Area", and
11 3 . the area within Section 36 that is west of a line
12 that is 291 feet east of, and parallel to, the westerly
13 boundary of Section 36, Township 4 South, Range 4 East,
14 as set forth in Exhibits B and B-1 and referred to herein
15 as the "Limited Golf Area".
16
17 B. If the Project proceeds in substantially the form
18 contemplated by the Plan, subject to the provisions of this
19 Judgment, Canyon shall use its best efforts to acquire property
20 within the Western Restricted Area, provided it can acquire the
21 property for fair market value. In the event that any portion
22 of the Western Restricted Area is acquired by Canyon, then prior
23 to the filing of any final tract map, or the issuance of permits
24 for grading in the area described in Exhibit A-2, whichever
25 first occurs, Canyon shall cause to be recorded appropriate and
26 valid deed restrictions and/or restrictive covenants on the
27 Western Restricted Area, restricting the use of such land for
28 permanent preservation as natural desert wildlife habitat.
• amme� .rocag:
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1 Hiking and riding trails may be allowed in such Western
2 Restricted Area, but only if compatible with habitat values.
3 Any such trail is to be sited not to conflict with the rights of
4 underlying Native American landowners or create access directly
5 into the Canyon Park Resort and Spa, and is subject to the
6 consent of Canyon, which consent shall not be unreasonably
7 withheld. Notwithstanding the foregoing, that portion of the
8 Western Restricted Area identified as the "Permitted Development
9 Area" and set forth as Exhibit A-2 may be developed with up to 8
10 single family dwelling units and attendant infrastructure and
11 for no other purpose; the balance of the Western Restricted
12 Area, other than the Permitted Development Area as designated in
13 Exhibit A-2, shall be permanently restricted as provided for in
14 the second sentence of this Paragraph. The Palm Springs
15 Entities agree that notwithstanding any other existing land use
16 regulation governing such land, any development application by
17 Canyon for the Permitted Development Area shall not be approved
18 for more than 8 single family dwelling units. Any land
19 dedicated by Canyon pursuant to this Paragraph shall meet the
20 criteria set forth in Paragraph II.F. In the event any land
21 owner or lessee other than Canyon or Canyon's successor(s) seek
22 to develop the Western Restricted Area, the Palm Springs
23 Entities agree that no development application will be approved
24 for the Western Restricted Area allowing a density of
25 development exceeding that now permitted in the existing Palm
26 Springs General Plan. Any such development application must be
27 processed through the Palm Springs Entities' normal development
28 process, including full environmental review, with specific
ua, nuua
a amp JUDGM r
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1 notice to Sierra Club at the time any such application is
2 submitted.
3 C. Canyon shall not develop or cause the development of
4 the Eastern Restricted Area as designated in Exhibits B and B-1
5 except for underground infrastructure or flood control work as
6 provided by Paragraph II.I. and subject to Riverside County
7 Flood Control and Water Conservation District easements and
8 rights. The Palm Springs Entities agree that the Eastern
9 Restricted Area should be used for flood control, equestrian and
10 hiking purposes only and, to the extent of their regulatory
11 authority, shall not authorize or otherwise permit any other use
12 for such land.
13 D. The only development permitted in the Limited Golf
14 Area (as set forth in Exhibits B and B-1) shall be limited to
15 purposes of temporary access roads (for construction purposes
16 only) , maintenance and operation of a portion of a golf course
17 (tees, fairways, greens, landscaping, irrigation, sand bunkers,
18 water hazards, rough, and ballwashers only) , underground
19 infrastructure and flood control improvements. No roadways,
20 other than golf-cart paths for internal use within the golf
21 course, shall be- constructed that cross the boundary between
22 Sections 35 and 36 of Township 4 South, Range 4 East.
23 E. Except for the Western Restricted Area of the Project
24 Area which is described in and governed by Paragraphs II.A. and
25 II.B. , supra, and is expressly excepted from this Paragraph, to
26 the extent either Canyon and/or the Palm Springs Entities has or
27 acquires a fee or leasehold interest(s) in any currently
28 existing parcel which contains a portion of property to be
XM. may.
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1 restricted as indicated on Exhibits C and C-1 [MAPS SHOWING
2 THOSE AREAS To BE RESTRICTED FOR HABITAT PRESERVATION] , Canyon
3 and/or the Palm Springs Entities will restrict such portions for
4 permanent preservation, as natural desert wildlife habitat,
5 subject to existing flood control easements and rights, and
6 except that the Palm Springs Entities are authorized to
7 construct and maintain any necessary public facilities.
8 Notwithstanding the foregoing, to the extent that Canyon is
9 required to obtain the consent of the Secretary of the Interior,
10 or the landlord of any leased land over which such restrictions
11 are to apply, Canyon agrees to use its best efforts to obtain
12 such consent and to obtain such consent as soon as possible. To
13 the extent these restrictions encumber land currently or
14 subsequently held in fee by Canyon, such restrictions shall be
15 permanent. To the extent these restrictions encumber land
16 leased. by Canyon, such restrictions shall, to the greatest
17 extent possible, be coterminous with Canyon's interest in the
18 land. Hiking and riding trails may be allowed in such areas,
19 but only if compatible with habitat values. Any such trail is
20 to be sited not to conflict with the rights of underlying Native
21 American landowners or create access directly into the Canyon
22 Park Resort and Spa, and is subject to the consent of Canyon,
23 which consent shall not be unreasonably withheld.
24 T. To the extent that Canyon may wish to dedicate any
25 lands held by it for permanent preservation as natural desert
26 wildlife habitat, including hiking and riding trails, if
27 compatible with habitat values, Canyon agrees to make such
28 dedication in favor of the Parks, Opens Space & Trails
ceQ, natJ�
a muQea .mums
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1 Foundation ("POST") or to the City of Palm Springs. Unless
2 otherwise specified, any land required pursuant to this Judgment
3 to be dedicated or restricted (i) for open space or for
4 permanent preservation of natural desert habitat, or (ii) for
5 hiking and riding trails, shall be conveyed to POST or the City
6 of Palm Springs. Any conveyance shall include an appropriate
7 deed restriction or covenant assuring permanent preservation of
8 the land, or in the case of leased land, preservation until
9 expiration of the lease. In addition, wherever herein it is
10 Provided that trails or use must be compatible with habitat
11 values, determination of compatibility shall be made by the
12 Santa Rosa Mountains National Scenic Area Steering Committee or
13 its successor. Hiking and riding trails may be allowed in such
14 areas, but only if compatible with habitat values. Any such
15 trail is to be sited not to conflict with the rights of
16 underlying Native American landowners or create access directly
17 into the Canyon Park Resort and Spa, and is subject to the
18 consent of Canyon, which consent shall not be unreasonably
19 withheld. Finally, it is expressly agreed that any deed
20 restriction or protective covenant requiring preservation of
21 natural desert habitat shall state that the Sierra Club is an
22 express third party beneficiary of such restriction or covenant,
23 with the right to enforce the terms thereof.
24 Q. To the extent Canyon has or acquires a fee or
25 leasehold interest in any currently existing parcel which
26 contains a portion of property over which an easement is to be
27 granted pursuant to this Paragraph, Canyon shall grant such
28 easements to POST or the City of Palm Springs for public hiking
reQ, w.ua
t nn ,��
-8-
1 and equestrian access on those portions of the Project Area
2 (including: Palm Canyon Wash; North Arenas Canyon Channel to
3 Lykken Trial and the mouth of Arenas Canyon; and across the
4 westerly and southerly portions of the Project Area to Gordon
5 Trail) as indicated in Exhibit D and D-1, [MAP(s) SHOWING TRAIL
6 ALIGNMENTS AND ACCESS ROUTES AS DELINEATED] . Notwithstanding
7 the foregoing, to the extent that Canyon is required to obtain
8 the consent of the Secretary of the Interior, or the landlord of
9 any leased land over which such easements are to apply, Canyon
10 agrees to use its best efforts to obtain such consent and to
11 obtain such consent as soon as possible. To the extent these
12 easements encumber land currently or subsequently held in fee by
13 Canyon, such easements shall be permanent. To the extent these
14 easements encumber land leased by Canyon, such easements shall,
15 to the greatest extent possible, be coterminous with Canyon's
16 interest in the land. Nothing herein shall require Canyon to
17 develop or improve any such access, except that_ Canyon shall
18 provide access to Lykken Trail comparable to that existing at
19 the time the Redevelopment Plan was originally adopted.
20 H. The Arenas Canyon flood control facilities (including
21 sediment basins and other structures) shall be designed and
22 constructed in accordance with the preliminary flood control
23 design drawings and specifications set forth in Exhibits E, E-1
24 E-2 and E-3, and as conditionally approved by the Riverside
25 County Flood Control and Water Conservation District (the
26 "District") .
27 Included in the Arenas Canyon final design for flood
28 control shall be the following provisions:
cn�, enures
a eEMIM auoGHM
-9-
1 1. The "design flood" acceptable to all parties
2 [including the District] for purposes of review is the
3 100 Year Flood Event.
4 2 . Flood control structures and management practices
5 shall be based upon sufficient engineering analyses so as
6 to ensure no present or future intrusion beyond that
7 described in Exhibit E and E-3 .
8
9 Regardless of the receipt of conditional approval by the
10 District, Canyon hereby expressly agrees not to proceed with
11 flood control work for the Arenas Canyon without including the
12 above-specified criteria.
13 1. The Palm Canyon Wash flood control facilities shall be
14 designed and constructed in accordance with the preliminary
15 flood control design drawings and specifications set forth in
16 Exhibits F, F-1, F-2 and F-3, and as conditionally approved by
17 the District.
18 Included in the Palm Canyon Wash final design for flood
19 control shall be the following provisions:
20 1. The "design flood" acceptable to all parties
21 [including the District] for purposes of review is the
22 100 Year Flood Event.
23 2 • The average bottom width for Palm Canyon Wash
24 shall be at least 300 feet, as measured from the east
25 bank of the wash, as shown in Exhibit F and F-1.
26 3. There shall be no grade control structures in
27 Palm Canyon Wash.
28 4 . The channel protection or levee for Palm Canyon
KAU, awrffle
a eERuun Jar
-10-
1 Wash shall be placed on the west side of the Wash only.
2 The east side of the wash shall be left in its natural
3 condition. After construction, Canyon will diligently
4 prosecute the establishment of native desert non-woody
5 shrubs along the west levee embankment. Canyon shall not
6 use any design or material in its levees which will
7 prevent or hamper the successful return of such native
8 shrubs on the levees.
9 5. The levee extension downstream from the
10 intersection of the eastern Project boundary and the
11 levee shall be no greater than 500 feet in length, but
12 may include a return in addition to such 500 foot
13 extension.
14 6. An equestrian ramp shall be provided on the west
15 bank revetment/levee for the purpose of accessing Palm
16 Canyon Wash, to be located within 200 feet from the
17 intersection of the eastern 291 foot development limit
18 referenced in Exhibits B and B-1 and the west bank
19 revetment/levee, measured along the revetment/levee
20 extension in a northeast direction.
21 Regardless of the receipt of tentative approval by the District,
22 Canyon hereby expressly agrees not to proceed with flood control
23 work for the Palm Canyon Wash without including the above-
24 specified criteria.
25 J. Any rough grading and/or blasting during construction
26 shall be done in strict adherence with the mitigation measures
27 and monitoring methods identified in the Environmental Impact
28 Report for the Redevelopment Plan and Specific Plan (herein-
"a, , LU=
a mar JUDGHM
-11-
1 after, the "EIR") , and as approved by the City. Unless
2 otherwise directed by the United States Fish & Wildlife Service
3 or the California Department of Fish and Game vis-a-vis noise
4 and other impacts on peninsular bighorn sheep and desert
5 tortoise, included in these measures shall be, inter alia:
6 1) a prohibition of any blasting west of Palm Canyon
7 Drive during the months of April through and including August;
8 2) a prohibition of rough grading in the entire western
9 one-half of Section 34, Township 4 South, Range 4 East and in
10 the western one-half of the eastern one-half of Section 34,
11 Township 4 South, Range 4 East during the months of April
12 through and including August; and
13 3) limitations on rockcrushing activities as set forth
14 below:
15 (a) a prohibition of rockcrushing activities in the
16 entire western one-half of Section 34, Township 4 South,
17 Range 4 East
18 (b) a prohibition of rock crushing activities within 600
19 feet of Palm Canyon Wash, and
20 (c) a prohibition of any rockcrushing activity in the
21 western one-half of the eastern one-half of Section 34,
22 Township 4 South, Range 4 East during the months of April
23 through and including August, provided that
24 (d) Notwithstanding subparagraphs (a) , (b) and (c) ,
25 above, Canyon shall be permitted until May 1 to move
26 rocks located in areas in which blasting and rockcrushing
27 are otherwise prohibited during the months of April
28 through August, from such areas to areas in which
nu. BUJMM
a nnEME �vr
—12—
1 rockcrushing is otherwise permitted for the purposes of
2 rockcrushing. For purposes of moving rocks pursuant to
3 this subparagraph, Canyon may use only the equipment
4 listed in Exhibit G.
5 4) No earth movement with heavy equipment shall take
6 place within the western one-half of the eastern one-half of
7 Section 34, Township 4 South, Range 4 East, during the months of
$ April through August, except for fine grading. Notwithstanding
9 the above, nothing shall prohibit Canyon from engaging in the
10 careful recovery and storage of natural flora, such as cacti,
11 during this time, provided that the only heavy equipment which
12 can be used during the months of April through August are as
13 listed on Exhibit H, and may only be used to transport
14 personnel, equipment and flora.
15 For purposes of this Judgment, "rough grading" is defined
16 as grading or earthwork activity to deliver a project site to
17 within one-and-one-half (1j) feet of finish design elevations or
i8 grades pursuant to approved plans. "Fine grading" is defined as
19 grading or earthwork to take cuts or place fills of up to one-
20 and-one-half feet or less and to detail the site to within 0. 13
21 of a foot to design grades.
22 I. Canyon shall provide temporary equestrian access
23 during construction by, inter Al", (1) refraining from using
24 Palm Canyon Wash as a haul route; (2) limiting flood control
25 construction work for Palm Canyon Wash to the period from May 1
26 to November 1 of any calendar year (subject to any Force Majeure
27 Delay) ; and (3) until all rough grading and flood control work
28 is completed, providing interim alternate equestrian access
a nn�ur .moasi
-13-
1 route(s) for passage and access to existing trails, no closer
2 than 300 feet to grading, construction, flood control work or
3 construction access roads and haul routes across the Project
4 Area, except as may be unavoidably required for points of 900
5 intersection crossings of the temporary access routes by
6 construction vehicles.
7 L. Any prevention, delay or stoppage due to any Force
8 Majeure Delay shall extend the time of performance of flood
9 control work in Palm Canyon Wash by Canyon beyond November 1,
10 for a period of time equal to that of such prevention, delay or
11 stoppage. Canyon shall provide written notice to the Sierra
12 Club of each event causing a Force Majeure Delay within 5
13 business days of such event. The term "Force Majeure Delay" as
14 used herein with respect to limiting flood control work for Palm
15 Canyon Wash, shall mean any delay in the construction of the
16 flood control work for Palm Canyon Wash which is attributable
17 to: strike, lockout or other labor or industrial disturbance,
18 civil disturbance, insurrection, future judicial order
19 preventing action on Palm Canyon Wash, act of the public enemy,
20 war, riot, sabotage, blockage, embargo, freight embargoes,
21 shortages of transportation, inability to secure customary
22 materials supplies or labor through ordinary sources by reason
23 of regulation or order of any government or regulatory body;
24 delay attributable to acts of God, epidemics, excessive rains,
25 lightning, earthquake, fire, hurricane, tornado, flood, washout,
26 explosion; delays resulting from the discovery of historical
27 artifacts in Palm Canyon Wash; or other delays arising from
28 causes beyond the reasonable control of Canyon.
KAM. waia
• qua JUDGHM
-14-
I M. The closest point of the of the main hotel commercial
2 structure contemplated as part of the Project shall be north and
3 west of, and no closer than 550 feet with no more than a five
4 percent (5%) plus/minus variance from, the northwesterly corner
5 of that wall which acts as the western boundary of the property
6 under the control of the Andreas Palms Community Association and
7 referred to herein as Andreas Palms, as identified on the
8 Reference Map, attached hereto as Exhibit I ("FINAL" REVISED
9 CONCEPT MAP) .
10 N. At least 200 feet of landscaping buffer, which may
11 include golf course holes, shall exist between the westerly wall
12 of Andreas Palms and the Canyon Park Resort & Spa structure. In
13 no event will the landscaping within the 200 foot buffer block
14 mountain views from Andreas Palms to the west. In addition,
15 landscaping within 300 feet from the westerly wall of Andreas
16 Palms shall preserve visual corridors toward mountain views.
17 The Board of Directors of Andreas Palms Community Association
18 shall have the right of review and prior approval of such
19 landscaping plans, provided such review and approval is limited
20 to the potential impacts of the height of the landscaping within
21 such 300 feet on the westerly viewscape of Andreas Palms.
22 O. If Bogert Trail is eliminated due to project
23 development, then Canyon, as the primary option, and at no cost
24 to Andreas Palms, will seek to construct a private connecting
25 road for the benefit of Andreas Palms from Acanto Drive to a new
26 entry gate for Andreas Palms on one of two lots (Lots it or 13) ,
27 as described in Exhibit J, if one of the said lots can be
28 purchased by Canyon at its fair market value. The new road and
• mERKMO .moQvz
-15-
1 entry gate will be constructed by Canyon at no cost to Andreas
2 Palms and will be sited in locations acceptable to Andreas Palms
3 on said lots, subject to the approval of the City. Andreas
4 Palms shall have the sole discretion to have Canyon either
5 (1) remove the existing Andreas Palms entry gate at Bogert Trail
6 and re-landscape that entry gate area, or (2) leave the existing
7 entry gate as a secondary emergency egress from Andreas Palms
8 onto the internal Canyon Park Resort & Spa circulation system.
9 Should Canyon be unable to acquire one of the lots described in
10 Exhibit J for the fair market value of such lots, Canyon may as
11 a second option, in the alternative, construct a private road
12 for the benefit of Andreas Palms, along the west side of the
13 westerly wall of Andreas Palms which leads to the existing entry
14 gate at Bogert Trail. Said private road shall be constructed as
15 far below the existing finished grade adjacent to the existing
16 westerly wall as possible consistent with approved engineering
17 plans and requirements for proper drainage and subject to the
18 City's approval. The road may tie into the present Bogert Trail
lg but shall be for the sole use of Andreas Palms and the Bud Fuerr
20 property (described in Exhibit E) in the event Canyon does not
21 acquire the Bud Fuerr property, which is located directly north
22 of the Andreas Palms entry gate. Any such private road must be
23 at least 50 feet west of the westerly wall of Andreas Palms
24 except at the northwesterly most corner where the private road
25 will intersect with Bogert Trail. In no event shall the roadway
26 be constructed above the now existing grade adjacent to the
27 existing westerly wall of Andreas Palms.
28 P. If Bogert Trail is eliminated due to project
• nmaHW ,maaga
-16-
1 development, then a portion of the present Bogert Trail roadway
2 may remain, but only along the north side of the northerly wall
3 of Andreas Palms, extending eastward from a point adjacent to
4 the existing Andreas Palms entry gate, over the existing Bogert
5 Trail Bridge and into the Andreas Point subdivision. However,
6 Bogert Trail Bridge and this short portion of Bogert Trail will
7 remain only for "emergency circulation" by Andreas Palms and as
8 "internal circulation access" for Canyon. For purposes of this
9 Judgment, the terms "emergency circulation" and "internal
10 circulation access" are defined in Exhibit L.
11 Q. Along the westerly boundary of Andreas Palms there
12 shall be no connecting road access to Acanto Drive, unless
13 Canyon exercises the alternative of building a private road for
14 the benefit of Andreas Palms as set forth in Paragraph O, above.
15 Roads for internal Canyon Park circulation will be permitted
16 along the westerly boundary of Andreas Palms, but any such road
17 shall be permitted only on the westerly side of the to-be-built
18 golf fairway which will abut the west side of the Andreas Palms
19 westerly wall at its present location. In no event shall any
20 internal circulation road be built closer to the westerly wall
21 of Andreas Palms than 200 feet.
22 R. The Youth Facility and/or Tennis Center for the Canyon
23 Park Resort & Spa shall not be located within 150 feet of the
24 westerly perimeter wall of Andreas Palms.
255 S. Canyon shall use its best efforts to minimize glare
26 from the tennis complex, includi::g, at a minimum:
27 (1) restricting the hours of play on the northeast, east, south
28 and southwest courts to between 7 : 00 a.m. and 10: 00 p.m. ;
KANE, ItAI.IMM
4 EERKMM JUDGH]R
-17-
1 (2) closing all lighted tennis facilities no later than 10 : 00
2 p.m. ; (3) strictly adhering to City codes as they relate to
3 lighting. Indirect lighting throughout the Canyon Park Resort &
4 Spa shall be used whenever possible, and all direct lighting
5 (such as floodlights and streetlights) shall be directed away
6 from existing neighboring development. In addition, Canyon
7 shall use its best efforts to landscape the Tennis Complex in
8 such a way as to provide additional lighting buffers.
9 T. There shall be no service access to Canyon Park Resort
10 & Spa via Acanto Drive. Moreover, in no event shall there be
11 connecting road access to Acanto Drive from the Project.
12 U. Canyon shall use its best efforts to complete all
13 exterior circulation improvements, such as the closing of the
14 Present Bogert Trail and construction of the new Acanto Drive
15 improvements, prior to the generation of any internal
16 circulation [except for necessary construction activities] . In
17 no event, however, shall Andreas Palms' access to Bogert Trail
18 or the existing entry to Andreas Palms be interfered with unless
19 and until the circulation improvements to Acanto Drive and the
20 new entry gate for Andreas Palms have been completed, or other
21 interim access routes have been approved by Andreas Palms and
22 the City of Palm Springs, and established by Canyon. In
23 addition, all roadway and circulation improvements described in
24 the preceding paragraphs shall be subject to the final approval
25 of the City as to standards, location and design.
26 V. Canyon shall use its best efforts to minimize any
27 potential disturbance to Andreas Palms which may occur as a
28
KM. grt102
& HERUMN JUDGM 12
-18-
1 result of required improvements to Palm Canyon wash as outlined
2 above in Paragraph II.I.
3 A. Canyon will seek Conditional Use Permit(s) for and
4 otherwise provide adequate notice of any public event at the
5 Tennis Facility, specifying hours, noise levels and light
6 levels. Canyon will not permit any "rock concert" to occur at
7 the Tennis Facility.
8 Z. Canyon will not construct, or permit to be construc-
9 ted, any heliport at the Palm Canyon Resort & Spa.
10 Y. The operator of the golf course at the Palm Canyon
11 Resort & Spa shall remove all grass clippings and other debris
12 from the course and adjacent property at least every 72 hours,
13 to avoid insect breeding.
14 3. Canyon shall use its best efforts during construction
15 to minimize the impact to Andreas Palms of blow sand by, at a
16 minimum, strict adherence to the mitigation measures identified
17 in the Final EIR on this subject at pages 5-121 to 5-123 . In
18 addition-, Canyon shall clean up and correct any damage to
19 Andreas Palms caused by blow sand during construction.
20 III. Each Exhibit A through L, inclusive, referred to in
21 Paragraph II. is hereby incorporated into this Judgment.
22 IV. With the exception of obligations related to rough
23 grading and blasting, as set forth in Paragraph II.J. above, if
24 Canyon breaches in any material manner the provisions of
25 Paragraphs II. and III. hereof, any Plaintiff shall have the
26 right to provide Canyon with written notice ("Notice") of such
27 breach. If such material breach continues for fifteen (15) days
28 after Canyon's receipt of such Notice, then the remedy
reQ, n�tu�
a MIRME ,mar
—19—
1 provisions of this Section shall apply. Provided, however, that
2 if such breach is not reasonably curable within such fifteen
3 (15) day period, and if Canyon does each of the following:
4 (a) contacts the complaining Plaintiff in writing with a
5 reasonable explanation as to why the asserted breach is
6 not curable within the fifteen (15) day period;
7 (b) notifies the complaining Plaintiff of Canyon' s
8 proposed course of action to cure the breach;
9 (c) commences to cure the breach within such fifteen (15)
10 day period;
11 (d) makes periodic reports to the complaining Plaintiff
12 as to the progress of the program of cure; and
13 (e) diligently prosecutes such cure to completion
14 then the remedy provisions of this Section shall not apply,
15 provided that if Canyon fails to cure the breach within thirty
16 (30) days after Notice, at the election of either Canyon or the
17 complaining Plaintiff, the parties involved may bring a motion
18 before the Court, upon seventy-two (72) hours' written notice,
19 for the purpose of determining the reasonableness of Canyon's
20 course of action with respect to the cure.
21 In the event a breach related to rough grading and
22 blasting, as set forth in Paragraph II.J. above, is claimed,
23 Canyon agrees (1) to cure said breach within 24 hours after
24 written Notice of such a breach is provided, or (2) to cease all
25 blasting and rough grading operations until such time as a cure
26 is effected, or (3) subject itself to the immediate jurisdiction
27 of the Court to resolve the matter.
28 All Notices of breach shall be in writing and shall be
XMM. Uuffi
• eERZMW ,roDGHM
-20-
1 delivered to Canyon either by personal delivery, overnight
2 delivery or by transmission through certified first class mail,
3 return receipt requested, addressed to Canyon at 2850 South Palm
4 Canyon Drive, Palm Springs, California 92264 , attention: Joseph
5 Solomon, subject to Canyon's right to designate a different
6 address. A copy of any Notice of breach by Canyon shall also be
7 delivered, in the same manner of delivery and at the same time,
8 to the City Clerk of the City of Palm Springs, for information
9 purposes.
10 If Canyon shall be in material breach of its obligations,
11 and if Canyon fails to meet any of the applicable requirements
12 of this Section IV. , then Canyon shall be in Default and the
13 complaining Plaintiff(s) shall have the following remedies
14 available to them, in addition to any other remedies available
15 by law:
16 (a) If the Default relates to Canyon's flood control
17 work for Arenas Canyon and Palm Canyon Wash in compliance with
18 the terms and conditions described in Paragraphs II.H. and
19 Ii.I. , above, then, at the election of the Plaintiff(s) ,
20 Plaintiff(s) shall be entitled to (i) appropriate relief,
21 including an injunction or order to compel, and/or (ii)
22 liquidated damages from Canyon (only] in the amount of Five
23 Hundred Thousand Dollars ($500, 000) because of the
24 impracticability and difficulty of fixing actual damages to the
25 habitat and environment of Arenas Canyon and Palm Canyon Wash as
26 a result of such default. If liquidated damages are awarded
27 pursuant to this subsection, then the remedy for any subsequent
28 default relating to flood control work for Arenas Canyon and
.ma:ar
-21-
1 Palm Canyon Wash shall not include liquidated damages and the
2 Plaintiff(s) shall be limited to all other available relief
3 except liquidated damages. The liquidated damages provision is
4 expressly agreed to run only against Canyon and in favor of
5 Plaintiffs herein, and shall not be available to be asserted by
6 or against the Palm Springs Entities.
7 (b) If the Default relates to rough grading,
8 blasting, rockcrushing or earth movement within the eastern one-
9 half of Section 34, Township 4 South, Range 4 East in compliance
10 with the terms and conditions described in Paragraph II.J. ,
11 above, then, at the election of Plaintiff(s) , Plaintiffs) shall
12 be entitled to (i) appropriate relief, including an injunction
13 or order to compel, and/or (ii) liquidated damages from Canyon
14 (only] in the amount of One Million Four Hundred Thousand
15 Dollars ($1,400, 000) because of the impractibility and
16 difficulty of fixing actual damages to the habitat and
17 environment of Arenas Canyon and the peninsular bighorn sheep
18 and desert tortoise as a result of such default. If liquidated
19 damages are awarded pursuant to this subsection, then the remedy
20 for any subsequent default relating to rough grading, blasting,
21 rockcrushing or earth movement as described above shall not
22 include liquidated damages and the Plaintiffs shall be limited
23 to all other available relief except liquidated damages. The
24 liquidated damages provision is expressly agreed to run only
25 against Canyon and in favor of Plaintiffs herein, and shall not
26 be available to be asserted by or against the Palm Springs
27 Entities.
28 (c) If the Default relates to any other term or
a m�� Jaucam
-22-
I condition of this Judgment other than described in (a) or (b)
2 above, then, Plaintiff(s) shall be entitled to damages or other
3 appropriate relief, including an injunction or any order to
4 compel and shall not be entitled to liquidated damages.
5 Except as provided for breaches related to Paragraph
6 II.J. , referenced above, Canyon and Palm Springs Entities hereby
7 agree to be subject to the Court's jurisdiction on any claim
8 brought by Plaintiffs on 72 hours' written notice, provided that
9 any complaining Plaintiff shall have first given Canyon and the
10 Palm Springs Entities the advance notice and opportunity to cure
11 described in the first two sentences of this Paragraph IV.
12 Notwithstanding the foregoing, it is expressly agreed that the
13 remedy of damages, including liquidated damages, shall not be
14 available against the Palm Springs Entities. Consequently, it
15 is acknowledged that the obligations of the Palm Springs
16 Entities pursuant to this Judgment are such that damages will
17 not provide adequate relief for the breach thereof.
18 V. Notwithstanding any provision of law to the contrary, the
19 Redevelopment Plan shall not be amended in any manner which
20 avoids or is inconsistent with the provisions of this Judgment,
21 unless and until the City and/or the Agency files a noticed
22 motion with this Court demonstrating, to the reasonable
23 satisfaction of the Court, that there has been a change in
24 circumstance relating to the Redevelopment Plan and/or its
25 implementation. Nothing herein shall prevent the Palm Springs
26 Entities from amending the Redevelopment Plan without judicial
27 review if such amendment does not avoid and is not inconsistent
28 with the terms of this Judgment.
XMM, �JMM
a nxmMA auaavr
-23-
1 VI. The City and Agency shall not approve any Planned
2 Development District or similar application, or Tentative or
3 Final Tract Map, nor execute any development or other agreement
4 with Canyon or any successor in interest to Canyon respecting
5 the area encompassed within the Redevelopment Project Area, or
6 take any action related to the development or implementation of
7 the Plan which is not consistent with the provisions of this
8 Judgment, except (i) to the extent otherwise provided by
9 Paragraph V. , above, or (ii) as otherwise ordered by a court of
10 competent jurisdiction, provided Plaintiffs have either been
11 made parties to such judicial proceeding or have expressly
12 declined to join such judicial proceeding.
13 VII. A. Subject to the provisions of Paragraph VII.B hereof,
14 the terms and provisions hereof shall be binding upon and inure
15 to the benefit of, as the case may require, Canyon, and its
16 successor fee owners and holders of equitable interests of the
17 Canyon Park Resort & Spa, the Palm Springs Entities, and all
18 Plaintiffs herein, and their successors and assigns.
19 B. Notwithstanding the provisions of Paragraph VII.A
20 hereof to the contrary, in the event that Canyon, or any
21 successor in interest to Canyon, shall transfer its fee or
22 leasehold interest in the Canyon Park Resort & Spa, or any part
23 thereof, with appropriate notice of the terms and conditions of
24 this Judgment, then Canyon, or its successor in interest, shall
25 be released from any obligations hereof accruing after such
26 transfer with respect to, and to the extent of, the interest
27 transferred, it being the intention hereof that the obligations
28 of Canyon provided herein shall apply to Canyon, or such
nag walla
-24-
1 successor, only during their respective periods of ownership,
2 and only with respect to, and to the extent of, the interest
3 held by Canyon, or such successor, from time to time.
4 VIII. All persons are hereby permanently enjoined from the
5 institution of any action or proceeding raising any issue as to
6 which this judgment is binding and conclusive.
7 IB. This Judgment be forever binding and conclusive upon all
8 persons as to all matters herein adjudicated and all matters
9 which could have been adjudicated in this proceeding.
10 X• Plaintiffs are entitled to recover attorneys fees and
11 consultant and court costs in the amount of $197,256.24 to
12 Plaintiffs, Sierra Club, Erik Williams and Andreas Palms
13 Community Association, as provided for in the Stipulation to
14 Enter Judgment.
15 XI. The Clerk is ordered to enter this Judgment.
16 Dated this day of , 1993.
17
18
Judge of the Superior Court
19
20
21
22
23
24
25
26
27
28
KAM, BALLMM
BERMAN JUDGMM
-25-
j Sierra Club V. All Persons Interested etc
2 EXHIBITS
3
4 Exhibit A - Map of western 120-acre area [q II.A. ]
5 Exhibit A-1 - Map showing Restricted Area in 120-acre area [q
II.A. ]
6
Exhibit A-2 - Map showing Permitted Development Area in 120-
E acre area [q II.A. ]
8 Exhibit B - Map showing Eastern Development Limit [q II.A. ]
9 Exhibit B-1 - Map showing detail of Eastern Development Limit
[q II.A. ]
10 Exhibit C - Map showing western Preservation Areas [q II.E. ]
11 Exhibit C-1 - Map showing eastern Preservation Areas [q II.E. ]
12 Exhibit D - Map showing trail alignments and access routes
13 [q II.G. ]
14 Exhibit D-1 - Map showing equestrian access easement at
northeast corner of project
15
Exhibit E - Arenas Canyon Flood Control Maps [E, E-1, E-2 and
16 E-3] [q II.H. ]
17 Exhibit F - Palm Canyon Wash Flood Control Maps [F, F-1, F-2
and F-3]
18 Exhibit G - List of Equipment for moving rocks [q II.J. ]
19
Exhibit H - List of Equipment for collecting flora [q II.J.
20 (also) ]
21 Exhibit I - Final Revised Conceptual Map (Andreas Palms) [q
II.M. ]
22
Exhibit J - Legal Descriptions of Lots 11 and 13 for new
23 entry gate location [q II.O. ]
24 Exhibit K - Legal Description of Bud Fuerr property [q II.O.
(also) ]
25
Exhibit L - Definitions of terms "emergency circulation" and
26 "internal circulation access" [q II.P. ]
27
28
KME. RALUIEB
i BORKMNB JUDQ47,S
-26-
CESEPT ESTATES
NORTH AIIENAS CANYON CHANNEL
Un
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WESTERLY APPROXIMATE 120 ACRE AREA1�
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Reference Source: WESTERLY 120 ACRE AREA
E.I.R. Master Land Plan �� EXHIBIT A
DESERT ESTATES
NORM ARENAS CANYON CIIAIMEL
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RESTRICTED
L ir� APPROXIMATE,0"
l) AREA TO REMAIN UNDEVELOPED _
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H
HIU
WI
NI
til
RESTRICTED AREA
WITHIN THE 120 ACRES
.Reference Source:
E.I.R. Master Land Plan EXHIBIT A-1
I V
789 15 _Nt I
TOP OF WASH
BANK
SOUTH BRANCH OF
ARENAS SOUTH
o y
25' SETBACK TO
RESIDENTIAL LOT � v
NORTHERLY
DEVELOPMENT �Z PERMITTED
LIMIT DEVELOPMENT
AREA
WESTERLY
DEVELOPMENT
LIMIT
' TOE OF HILLSIDE
SOUTHERLY
DEVELOPMENT �J
LIMIT
51
DEVELOPMENT AREA
14ITIIIN THE 120 ACRES
Re Fere.nCe. Smirre: / -\ rvnTnTM A. �
NY,
�, N1
Na �
N� 7q
`ice`•:��f1 y'
ot
—tea ,
lots
O
sit,
b/Iaf}I/�'lt� oo
: ) 7 1 opt so
it
�f�if ntU_
190
y _I_ ♦eo
490
7.71
1 r
RESTRICTED AREA ,
5U0 Soo
^^
� a
l r 9 �� z
0
�loa.,z
f/ o III a• w A �500 -�
o O O
o(i w
U_ it CH A
(,IH
(/
1 ,I W
/ 1�
Reference Source:
200 Scale Aerial Topography
L
i 1.1 I
1 •O
r DETAIL. OF
EASTERLY DEVELOPMENT LIMITS
_— EXHIBIT B-1
• a NORTH RESTRIIV AREA
0 1 H
E
U N
W
N
DEVELOPMI, LI TS
\\�r�`�����/� 1�•`ft9).D �l� Ol llllT Ib TATEi
��� :Y ✓ ^-�� \����J NORTH AlllNAS CANYON CHANNEL
`.'��J'�-���f���ls \�r�✓lam
-- -,
�>1 n
:� i�-a� v1 '"���• .ear= ''�` ��!l``' "l
Q�T�?,'��. ��\:�� ��� ors?� .fin.. ?�,:�:':;•.•:' � �
.iy .• v'�tf': ,e:,{.s s.• t
Lin
„ail .134��.�Y.��-� ���� :�;: ;,��:..; •.. :,:.. .� �;::
tit1�����,���, ✓ � c„'���z`Z^�1 `l�1�Jl����f, •1� ij
0,A03T),
`? �l ��r � �. � �'I '• net i!i
V,
DEVELOPMENT
— LIMITS
Ll�{,
(•1 7 G
z
SOUTH RESTRICTED AREA
WESTERN PRESERVATION AREAS
Reference Source:
E.I.R. Conceptual
_ . _ -1 ._ 1 EXHIBIT C
LOU LOWER ARENAS OGAINAGE
• nai+NwERnns- 1b�{ \• /
PROJECT LEVI IS \l
/� D� �• /\ AINAGE- WALE
J
7
IO /,
v T-
i; jt ��, `r1; �;i f
NOICATC0FWML DIMENSIONS
FSE_N_fsIIIE MMIAN BASE
fl NEIMLF O MENT
14T LOGnot4
ill LM(P�I.,}(ol
OENT8
-c lam_ :\ ..G.•..- ..=\\`:Ji• (1
flobEb
�'�' " ' u\ %•. 1 �Ji)� : RESTRICTED AREA FOR
� ,_• �;� �_, ,�' , ,,•,1 HABITAT VALUES SUBJECT
�
-��- �-: `- /,�.,`,.�✓� II I ° TO FLOOD CONTROL DISTRICT
'�•�-r7"_z! �` °,f ' "l/ llll���� EASEMENTS AND RIGHTS
N'r,
EXI�TIII
It ji i /1COIJAOCAE MIJN IN Nf3
` 1 ✓1� T \ EASTERN PRESERVATION AREAS
6/7/93
Reference Source:
Conceptual Flood Control -PROJECT LIMITS EXHIBIT C-1
a
0
a
w
INDICATES APPROXIMATE SEE EXHIBIT D
w TRAILS LOCATION
M
tXT11.MC1 f j� • � // /
•�2:J.'-�`.,�---�,.'f� �/l/ wlrx.�xu ulea«aura nwniv xauun �' f S{ids /% �:
u���i �' - � � cewnw TALL I oaauT aa•atla ,f \ \ • _ _
_ (\
H -:ck~7f'%'i •r:—c..� V \��r \,i �=3s+M1 i �� .Q° ••c"Coi ..(��
�` l �`�� "�^_n�,\\ ,� 1� �' �• _ 'T' _ � Yn� I C __ ) �V. fae�i y :, %Ej " •T^--_— ';� ',� \\`/�/ 4
yam f.
_
� ,1��1�'✓ \� �''•� i � y / a :v.D e!U0 .�. � � i `'- ~Reference Source:
E.I.R. Master Land Plan
cs
u000..l,.l .LL di ta,x..a.ri
INDEX °"'m aa`i :iuo.:•°ca•"n
5
O10' WIDE HIKING ACCESS TO ARENAS CANYON
O 15' WIDE HIKING AND EQUESTRIAN ACCESS O 30' WIDE HIKING & EQUESTRIAN IN
TO LYKKEN TRAIL PALM CANYON WASH BOTTOM TRAILS EASEMENTS
O30' WIDE HIKING AND EQUESTRIAN ACCESS O 10' WIDE HIKING ACCESS TO GORDON TRAIL
TO PALM CANYON WASH EXHIBIT D
0
C6 � F W
v
N E �F/1 W-F
Q a: W W 0
Cr C O
• �� - :b\6 -X S61
-
l_
00
S, i
Fif,-7 N1 Z o
f 2 loam
rj
SHEET 1L
1 �� �
CANYON FLOOD
CONTROL FACILITIES
6/7/93
Reference Source: Conceptual EXHIBIT E
Flood Control Facilities Plan
I I
W -7 s'
Z _ p
'- i H - 13' - t
0
PROPOSED CAMINO REAL
BRIDGE CROSSING O Ny
W - 100'-200'
Z-{- 5 r
PROPOSED SOUTH PALM CANYON DRIVE H - 10' srA 1a4 00
BRIDGE CROSSING r�a
r. m
P' o ENERGY DISSIPATOR ZONE
(-2F �7-1 171 17 1- p
/ � ��> � � °- / am• t I.
WW€REAR 4, C-K NWCi �,: \ SHEET 1Rr
Jam( HIBIT 7)
�d / I�i �.�,.� J ✓ - \^/ I �'ti '• ARENAS CANYON FLOOD
9 H X=9;w ; •�� w ._—�"•/ !• ' '� `_ �_ �%"� CONTROL FACILITIES
6/7/93
Reference Source: Conceptual EXHIBIT E-i
Flnnd Control Facilities Plan -
\ \ O`� // C\\1 ^� ``')�� •;\.�� \ /'�yc O W� of
-z4 p4
ok
e o)"
i
In
SIP,19 C� N w
O REPS \•• � ��;,� \ ;J a
10
GPM � �� 'l•_til ( o
� U
� o
w o
rVTTTPTT F_9 W O
i
END LOWER ARENAS DRAINAGE
IMPROVEMENTS
STABILIZER STRUCTURE '
PROJECT LIMITS 0�
,.I 75' \ t
Z. - 2
H - 10' _ •
r
Z - 100'-200'
� - 1
DRAINU
AG WALE
��
i
* 'R
° \��'' /-� •+� iARENAS CANYON FLOOL
CONTROL FACILITIES
Reference Source: C oncept
ual �.,� *x c�' �\ + � �I �" \ . %%„'� 5, EXHIBIT E-3
Flood Control Facilities Plan ��
y//
II �_/ _ 'ccLn ' `' / I - � 25- %'�}• W vylpTla .
097, LOW WIDTH
f - r
d e-
'BALM CCANYIQN
JIfJ� F�pPS� ED IMP
BOGS .I
r. 0, 0
1=XI 'SING LM
I i r CONCRE' BANK �(NING-_
\1
PALM CANYON WASH
FLOOD CONTROL FACILITIES
Reference Source: Conceptual I� ��p( �I `�' )lI n �� r I'+ \I� EXHIAIT F
/ .
'Vol 5
4
H
AINAGEjSWAL
sly ! •� n
40
Vv ( \ f y
P
( \`(I :� I �)�AT-�[�;�GHANNEL DIMENSIM
�RESEISI INIMUM BASE
-1P1- iE.IMPROVEMENT
LOCATION
61,7193
, Reference Source: Conceptual � � A \ j �� PALM^CANYON^WASH^T _ - EXHIBIT F-1
-T-
I 4--o 1241 Lf4iF I -N I I 4— '—t H
1-1 T-T-
im I I i. i71 L I
i�7
-T�
L NH i i
-7-
-___I --T
I T I i 1 1
1 L I
-77
I
I T7 7
—7
•
i•yij L I;(til
lou, 77
'1 17 1 17 0 1 1717 1
-z
1
PROFILE
PALM CANYON WASH
6/7/93 FLOOD CONTROL FACILITIES
Reference Source; Conceptual
Flood Control Facilities Plan EXHIBIT
F-2
"I" , - •'i.. •.�. r'C' �lU� fl.)....�',� �.�r::�i.•� rL•' :.'f'4'� :ri4•u� � :)'�l': °- .,:..j1i(�•.�, .�I;]:fiH y y
Y .. .. .:.:�' �I�'�!�'I IUN�r:," :... ,i;," "'� .Y •1,::��,ti� ��•'+'•;''i;aE ,- ,jr; . r.,r'i;'•It l�.;
,, PR0Fb5EDAmp ca�fi�x I ��
.✓y IMPROV�ME/Jf5 i. ;IG.
`1 I YEAR y �
�� -� E! •SZA.z z4 YEAR
—
z
�1z Lr15�r i GRax� urn R�-
' REd�M ..
l0
It. .
Gol�ll�t�r 1r�E
- SEerior� A-A - rA ►Ao -00
f,aIt.'�'�'.'ti/•i,•l/f_.y!..:r••'t.I id•"C•h.'1'fµ:..Y.�In'.%4(I,•;.d•.'Ii l.::�,l`i �.,'�'�•'r'ir�l:.':'di�.l.,'A'v./: ,.-li•''.'l'L..'••`:I.:.;v'A 9Y , Y Je.i,f�•i^•l`1:�Y rrtl.�j.'l:'.}q`•:,//'v 4�'ac.-.ff:..4••i%f.'.:`r-qA I(yah.♦IYlip,
I .i
t r • } :�. �`i :'j,. i r.' �,:.: �A.•\. .,._�.AMIF1.'.��.'I , ��t'a.
ry::)^!l i.�t:. .x.f Jl:*I:C'r:�/t%; '• I'.il17r Y.�f...,.1..�INh I(;fr .Y ;l;,1�,.•'I 1, i�Iri�,f ?4.r'Sy...f.,i:,a< ,.. •u.':i
{n'.� 1 1 1ri. .L}A4 tr'. ! i i 'F� •.I�h4 r �1•J. 1Fp li�.'i� . A, It. Pil'._ +,
• .•A' .1�\•41' 'dw A:�'' .4N/}".4'� "a�l��. �• � Y�JL...:/�4\::•'.u'.A.r}ti,lf.rY'i.��'''.,'+I:II I�:Y�:Y��[fF..�y�'I,�'iL:}t}''4'jf�1-'i�,•,•'1
�� �!' h,�.r: :Y /. Y?li?A f.! Yu }.._..,(•;fsr :,f1�: 1l17 ••F.4. ,�','wv �r�Y I'I�L�'.�:./..1.. '_ii. � . V ��`,f.a +!1S�c:,;l�'ii ��i 41M�4�}a 1�1 d.F:"j ilVl
'.\:,'1' '.� �:.�".� la• ' LxFY: �'•.itlAi'�•}� � ry'.C;', �.,'lll l: .� �r_. '.n,'�:�;�`�7Y1;,�' �":4'rd IT'S::"1�.r.71�'!"'E 1!". ,Y;`1
1.-
BOTTOM
WIDTH PER
FXANDISI Early CIFLLT�t}
r_r� •
- 5ecvod 8np8 STAq�vz .m
-}• � �•��• •' �1� C :.. '1: ',ty;�l�i, Fr� i ... ii _ �� _1bK'L ..�.°R"U,.i-' ' +
PALM CANYON WASH
SECTIONS FLOOD CONTROL FACILITIES
6/7/93
Reference Source: Conceptual EXHIBIT P-3
• i
l EXHIBIT G
LIST OF EQUIPMENT PERMISSIBLE FOR MOVING ROCK
2 PURSUANT TO 4 II.J. (3) (d)
3
4 BOBCAT LOADER: MELROSE SKID STEER LOADER MODEL 0 843 (or equal)
5 BACKHOE TRACTOR: FORD MODEL # 755 (or equal)
6 FRONT END LOADER: CATERPILLAR MODEL f 950 RUBBER TIRE (or
equal)
7
8 TRUCKS: KENWORTH SEMI WITH CHEROKEE LOW SIDE TRAILER (or equal)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MAMM, KMJ MM
• MMMMNM JODGME9T
-27-
] EXHIBIT H
LIST OF EQUIPMENT PERMISSIBLE FOR MOVING FLORA
2 PURSUANT TO 5 II .S. (4)
3
4 BOBCAT LOADER: KUBOTA B1750 WITH BUCKET/BACKHOE ATTACHMENT (or
equal)
5 TRUCK: FORD S350 FLAT BED (one ton) (or equal)
6
CRANE: GROVE Model RT58C, ROUGH-TERRAIN HYDRAULIC CRANE,
7 3 SECTION MAIN BOOM, 20 ft. to 70 ft. (medium operation
0 49 ft. ] (or equal)
8
9
10 �
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
XAMR, BL*�
s REUM. .muamM
—28—
F
N CANYON PARK RESORT 6 SPA MODIFIED PROJECT AREA
a .+
a
z CONCEPT: THE APPROVED CANYON PARR RESORT F SPA SPECIFIC PLAN F,
w ELEMENTS WILL BE REDESIGNED AND REDISTRIBUTED WITHIN z
a THIS MODIFIED PROJECT AREA.
NOT TO SCALE
w o
w
a /
I I o : o
N� fIJ
291 FEET —r
�I \
El
I w �
H
6 CLOSEST POINT OF H
H HOTEL SETBACK @ H 5
550 FOOT RADIUS FROM NORTHWEST CORNER E6+ W
I a O o NORTHWEST CORNER OF /-1 OF ANDREAS PALMS w� W
H W ANDREAS PALMS
-----� W
ANDREAS PALMS S
1 200 FOOT
r LANDSCAPE SUFFER
INDICATES MODIFIED DEVELOPMENT LIMITS
O1 FOR DETAIL THIS AREA SEE EXHIBIT A-2
FINAL REVISED
2� FOR DETAIL THIS AREA SEE EXHIBIT C CONCEPT MAP
m
3O FOR DETAIL THIS AREA SEE EXHIBIT C
EXHIBIT I
1 EXHIBIT J
2 LEGAL DESCRIPTIONS OF LOTS 11 AND 13 FOR NEW ENTRY GATE
3 LOT 11:
Lot 11 of Tract 16759, as per Map recorded in Book 129,
4 Page 87, 88, and 89 of Maps, records of Riverside County,
California.
5
6
LOT 13 :
7
Lot 13 of Tract 16759, as shown by map on file in Book
8 129, Page 87-89 of maps, records of Riverside County
California.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
nu. n Tjmm
• ez� ,0000z
-29-
1 EXHIBIT E
2 LEGAL DESCRIPTION OF BUD FUERR PROPERTY
3
4 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE
5 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
OFFICIAL GOVERNMENT SURVEY;
6
EXCEPTING THEREFROM THE NORTHERLY 36 FEET OF THE WESTERLY
7 100 FEET OF SAID LAND.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
KAM, "11M.
• BERZNr ,SEW
-30-
a
Y
1 EXHIBIT L
2 DEFINITIONS OF TERMS
3 "EMERGENCY CIRCULATION" AND "INTERNAL CIRCULATION ACCESS"
4
5 INTERNAL CIRCULATION:
6 The movement of traffic integral to the needs of
7 internal Canyon Park Project traffic circulation and not
8 a thruway for public traffic beyond the Project limits.
9
10 EMERGENCY CIRCULATION:
11 Temporary traffic routing to maintain continuous
12 circulation or movement as may be required during
13 emergency situations or conditions which may require
14 closure or interruption of the established public roadway
15 systems.
16
17
18
19
20
21
22
23
24
25
26
27
28
. mom.. amp:
-31-
I KANE, BALLMER i BERKMAN � j RL CEr
420 Popular Center
2 354 South Spring Street
Los Angeles, California 90013 AUG IS 1993
3 (213) 617-0480
4 Y.DUM
ILCVF
U. . lu DeW
5 Attorneys for Plaintiffs/Petitioners,
SIERRA CLUB, ANDREAS PALMS COMMUNITY
6 ASSOCIATION, INC. and ERIK J. WILLIAMS
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF RIVERSIDE
10
11 SIERRA CLUB, a California nonprofit ) NO. IND10 64715MF
organization, ANDREAS PALMS ) INDIO 65118
12 COMMUNITY ASSOCIATION, INC. , a )
California mutual benefit ) JUDGMENT
13 corporation and ERIK J. WILLIAMS, )
14 Plaintiffs and Petitioners, j
15 vs. )
16 ALL PERSONS INTERESTED IN THE )
MATTER OF THE REDEVELOPMENT PLAN )
17 FOR CANYON REDEVELOPMENT PROJECT AS )
PURPORTEDLY ADOPTED BY ORDINANCE ON )
18 JULY 19,• 1991 BY THE CITY COUNCIL )
OF THE CITY OF PALM SPRINGS; )
19 COMMUNITY REDEVELOPMENT AGENCY OF )
THE CITY OF PALM SPRINGS; THE CITY )
20 OF PALM SPRINGS; THE CITY COUNCIL )
OF THE CITY OF PALM SPRINGS; and )
21 DOES 1-50, Inclusive, )
22 Defendants and Respondents.23
)
CANYON DEVELOPMENT, a California )
24 general partnership; and DOES 51- )
100, Inclusive, )
25
Real Parties in Interest. )
26
27 AND CONSOLIDATED CASE )
28 )
ram, MUUMM
I WHEREAS, Plaintiffs and Petitioners, Sierra Club, Andreas
2 Palms Community Association, Inc. and Erik J. Williams (collec-
3 tively, "Plaintiffs") , the Community Redevelopment Agency of the
4 City of Palm Springs (the "Agency") , the City of Palm Springs
5 (the "City") the City Council of the City of Palm Springs (the
6 "City Council"; collectively the Agency, the City Council and
7 the City are referred to as the "Palm Springs Entities") , and
8 Real Party in Interest Canyon Development ("Canyon") have
9 executed a "Stipulation For Entry of Judgment" (the "Stipula-
10 tion") ; and,
11 GOOD CAUSE APPEARING THEREFOR, the Stipulation was accepted by
12 the Court, and ordered filed; and, by executing the Stipulation,
13 Plaintiffs, the Palm Springs Entities and Canyon, being
14 represented by counsel of their choice, have effectively waived
15 any right to seek or obtain findings, including, without
16 limitation, a Statement of Decision herein, and have agreed to
17 this Judgment being entered by the Court.
18 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as a judgment
19 which shall be forever binding and conclusive upon the parties
20 hereto and all other persons, with reference to the Redevelop-
21 ment Plan for Canyon Redevelopment Project (the "Redevelopment
22 Plan") , the Canyon Park Resort G Spa Specific Plan (the
23 "Specific Plan") and the Canyon Park Resort i Spa (the
24 "Project") and as an exercise of the Court's equitable powers,
25 as follows:
26 I. Subject to the performance of Section II. hereof, as set
27 forth in Section Iv. :
28 A. Ordinance No. 1388, adopted on July 19, 1991, by the
• era J00MM
-2-
I City Council, approving and adopting the Redevelopment Plan, is
2 hereby declared to be adequate, sufficient, legal and valid in
3 all respects.
4 B. The Redevelopment Plan, as specified by this Judgment,
5 is hereby declared to be adequate, sufficient, legal and valid
6 in all respects.
7 C. Resolution No. 17-600, adopted on July 19, 1991, by
8 the City Council, approving and adopting the Specific Plan, is
9 hereby declared to be adequate, sufficient, legal and valid in
10 all respects.
11 D. Resolution No. 15799, adopted on July 19, 1991, by the
12 City Council, amending and adopting the General Plan with
13 respect to the Redevelopment Plan and the Specific Plan, is
14 hereby declared to be adequate, sufficient, legal and valid in
15 all respects.
16 I=• Subject to the continuing jurisdiction of this Court,
17 Defendants, the Palm Springs Entities and Canyon, shall conform
18 to, comply with, and be bound by, all of the following
19 limitations, controls and criteria for the implementation of the
20 Redevelopment Plan and any agreements entered into for the
21 implementation thereof:
22 A. Except as expressly provided for herein in Paragraphs
23 II.B. , II.C. and II.D„ no development will be permitted in the
24 following designated portions of the Redevelopment Project Area:
25 1. the westerly one-half of Section 34, Township 4
26 South, Range 4 East, consisting of approximately 120
27 acres, as set forth in Exhibits A, A-1 and A-2 [MAP OF
28 ORIGINAL PROJECT AREA AS REVISED TO SHOW 120-ACRE AREA
rua. ern
• XE02a ,��
_9-
1 [A] , RESTRICTED AREA [A-1] , AND PERMITTED DEVELOPMENT
2 AREA [A-2] and referred to herein as the "Western
3 Restricted Area",
4 2. the area within Section 36 that is east of a line
5 that is 291 feet east of, and parallel to, the westerly
6 boundary of Section 36, Township 4 South, Range 4 East,
7 consisting of approximately 29.5 acres, as set forth in
8 Exhibits B and B-1 [MAP OF EASTERLY DEVELOPMENT LIMITS
9 [B] AND DETAIL OF EASTERLY DEVELOPMENT LIMITS [B-1] and
10 referred to herein as the "Eastern Restricted Area", and
11 3 . the area within Section 36 that is west of a line
12 that is 291 feet east of, and parallel to, the westerly
13 boundary of Section 36, Township 4 South, Range 4 East,
14 as set forth in Exhibits B and B-1 and referred to herein
15 as the "Limited Golf Area".
16
17 B. If the Project proceeds in substantially the form
18 contemplated by the Plan, subject to the provisions of this
19 Judgment, Canyon shall use its best efforts to acquire property
20 within the Western Restricted Area, provided it can acquire the
21 property for fair market value. In the event that any portion
22 of the Western Restricted Area is acquired by Canyon, then prior
23 to the filing of any final tract map, or the issuance of permits
24 for grading in the area described in Exhibit A-2, whichever
25 first occurs, Canyon shall cause to be recorded appropriate and
26 valid deed restrictions and/or restrictive covenants on the
27 Western Restricted Area, restricting the use of such land for
28 permanent preservation as natural desert wildlife habitat.
KUM. nus+Q
• �a Jamoee
-A
I Hiking and riding trails may be allowed in such Western
2 Restricted Area, but only if compatible with habitat values.
3 Any such trail is to be sited not to conflict with the rights of
4 underlying Native American landowners or create access directly
5 into the Canyon Park Resort and Spa, and is subject to the
6 consent of Canyon, which consent shall not be unreasonably
7 withheld. Notwithstanding the foregoing, that portion of the
8 Western Restricted Area identified as the "Permitted Development
9 Area" and set forth as Exhibit A-2 may be developed with up to 8
10 single family dwelling units and attendant infrastructure and
11 for no other purpose; the balance of the Western Restricted
12 Area, other than the Permitted Development Area as designated in
13 Exhibit A-2, shall be permanently restricted as provided for in
14 the second sentence of this Paragraph. The Palm Springs
15 Entities agree that notwithstanding any other existing land use
16 regulation governing such land, any development application by
17 Canyon for the Permitted Development Area shall-not be approved
18 for more than 8 single family dwelling units. Any land
19 dedicated by Canyon pursuant to this Paragraph shall meet the
20 criteria set forth in Paragraph II.F. In the event any land
21 owner or lessee other than Canyon or Canyon's successor(s) seek
22 to develop the Western Restricted Area, the Palm Springs
23 Entities agree that no development application will be approved
24 for the Western Restricted Area allowing a density of
25 development exceeding that now permitted in the existing Palm
26 Springs General Plan. Any such development application must be
27 processed through the Palm Springs Entities' normal development
28 process, including full environmental review, with specific
ua, e�u1"
• �" JUDO"=
-5-
I notice to Sierra Club at the time any such application is
2 submitted.
3 C. Canyon shall not develop or cause the development of
4 the Eastern Restricted Area as designated in Exhibits B and B-1
5 except for underground infrastructure or flood control work as
6 provided by Paragraph II.I. and subject to Riverside County
7 Flood Control and Water Conservation District easements and
8 rights. The Palm Springs Entities agree that the Eastern
9 Restricted Area should be used for flood control, equestrian and
10 hiking purposes only and, to the extent of their regulatory
11 authority, shall not authorize or otherwise permit any other use
12 for such land.
13 D. The only development permitted in the Limited Golf
14 Area (as set forth in Exhibits B and B-1) shall be limited to
15 purposes of temporary access roads (for construction purposes
16 only) , maintenance and operation of a portion of a golf course
17 (tees, fairways, greens, landscaping, irrigation, sand bunkers,
18 water hazards, rough, and ballwashers only) , underground
19 infrastructure and flood control improvements. No roadways,
20 other than golf-cart paths for internal use within the golf
21 course, shall be- constructed that cross the boundary between
22 Sections 35 and 36 of Township 4 South, Range 4 East.
23 E. Except for the Western Restricted Area of the Project
24 Area which is described in and governed by Paragraphs II.A. and
25 II.B. , supra, and is expressly excepted from this Paragraph, to
26 the extent either Canyon and/or the Palm Springs Entities has or
27 acquires a fee or leasehold interest(s) in any currently
28 existing parcel which contains a portion of property to be
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I restricted as indicated on Exhibits C and C-1 [MAPS SHOWING
2 THOSE AREAS TO BE RESTRICTED FOR HABITAT PRESERVATION] , Canyon
3 and/or the Palm Springs Entities will restrict such portions for
4 permanent preservation, as natural desert wildlife habitat,
5 subject to existing flood control easements and rights, and
6 except that the Palm Springs Entities are authorized to
7 construct and maintain any necessary public facilities.
8 Notwithstanding the foregoing, to the extent that Canyon is
9 required to obtain the consent of the Secretary of the Interior,
10 or the landlord of any leased land over which such restrictions
11 are to apply, Canyon agrees to use its best efforts to obtain
12 such consent and to obtain such consent as soon as possible. To
13 the extent these restrictions encumber land currently or
14 subsequently held in fee by Canyon, such restrictions shall be
15 permanent. To the extent these restrictions encumber land
16 leased by Canyon, such restrictions shall, to the greatest
17 extent possible, he coterminous with Canyon's-interest in the
18 land. Hiking and riding trails may be allowed in such areas,
19 but only if compatible with habitat values. Any such trail is
20 to be sited not to conflict with the rights of underlying Native
21 American landowners or create access directly into the Canyon
22 Park Resort and Spa, and is subject to the consent of Canyon,
23 which consent shall not be unreasonably withheld.
24 r. To the extent that Canyon may wish to dedicate any
25 lands held by it for permanent preservation as natural desert
26 wildlife habitat, including hiking and riding trails, if
27 compatible with habitat values, Canyon agrees to make such
28 dedication in favor of the Parks, opens Space i Trails
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I Foundation ("POST") or to the City of Palm Springs. Unless
2 otherwise specified, any land required pursuant to this Judgment
3 to be dedicated or restricted (i) for open space or for
4 permanent preservation of natural desert habitat, or (ii) for
5 hiking and riding trails, shall be conveyed to POST or the City
6 of Palm Springs. Any conveyance shall include an appropriate
7 deed restriction or covenant assuring permanent preservation of
8 the land, or in the case of leased land, preservation until
9 expiration of the lease. In addition, wherever herein it is
10 provided that trails or use must be compatible with habitat
11 values, determination of compatibility shall be made by the
12 Santa Rosa Mountains National Scenic Area Steering Committee or
13 its successor. Hiking and riding trails may be allowed in such
14 areas, but only if compatible with habitat values. Any such
15 trail is to be sited not to conflict with the rights of
16 underlying Native American landowners or create access directly
17 into the Canyon Park Resort and Spa, and is subject to the
18 consent of Canyon, which consent shall not be unreasonably
19 withheld. Finally, it is expressly agreed that any deed
20 restriction or protective covenant requiring preservation of
21 natural desert habitat shall state that the Sierra Club is an
22 express third party beneficiary of such restriction or covenant,
23 with the right to enforce the terms thereof.
24 G. To the extent Canyon has or acquires a fee or
25 leasehold interest in any currently existing parcel which
26 contains a portion of property over which an easement is to be
27 granted pursuant to this Paragraph, Canyon shall grant such
28 easements to POST or the City of Palm Springs for public hiking
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j and equestrian access on those portions of the Project Area
2 (including: Palm Canyon Wash; North Arenas Canyon Channel to
3 Lykken Trial and the mouth of Arenas Canyon; and across the
4 westerly and southerly portions of the Project Area to Gordon
5 Trail) as indicated in Exhibit D and D-1, [MAP(s) SHOWING TRAIL
6 ALIGNMENTS AND ACCESS ROUTES AS DELINEATED] . Notwithstanding
7 the foregoing, to the extent that Canyon is required to obtain
8 the consent of the Secretary of the Interior, or the landlord of
9 any leased land over which such easements are to apply, Canyon
10 agrees to use its best efforts to obtain such consent and to
11 obtain such consent as soon as possible. To the extent these
12 easements encumber land currently or subsequently held in fee by
13 Canyon, such easements shall be permanent. To the extent these
14 easements encumber land leased by Canyon, such easements shall,
15 to the greatest extent possible, be coterminous with Canyon's
16 interest in the land. Nothing herein shall require Canyon to
17 develop or improve any such access, except that-Canyon shall
18 provide access to Lykken Trail comparable to that existing at
19 the time the Redevelopment Plan was originally adopted.
20 H. The Arenas Canyon flood control facilities (including
21 sediment basins and other structures) shall be designed and
22 constructed in accordance with the preliminary flood control
23 design drawings and specifications set forth in Exhibits E, E-1
24 E-2 and E-3, and as conditionally approved by the Riverside
25 County Flood Control and Water Conservation District (the
26 "District") .
27 Included in the Arenas Canyon final design for flood
28 control shall be the following provisions:
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1 1 . The "design flood" acceptable to all parties
2 [including the District] for purposes of review is the
3 100 Year Flood Event.
4 2. Flood control structures and management practices
5 shall be based upon sufficient engineering analyses so as
6 to ensure no present or future intrusion beyond that
7 described in Exhibit E and E-3.
8
9 Regardless of the receipt of conditional approval by the
10 District, Canyon hereby expressly agrees not to proceed with
11 flood control work for the Arenas Canyon without including the
12 above-specified criteria.
13 I. The Palm Canyon Wash flood control facilities shall be
14 designed and constructed in accordance with the preliminary
15 flood control design drawings and specifications set forth in
16 Exhibits F, F-1, F-2 and F-3, and as conditionally approved by
17 the District.
18 Included in the Palm Canyon Wash final design for flood
19 control shall be the following provisions:
20 1. The "design flood" acceptable to all parties
21 [including the District] for purposes of review is the
22 100 Year Flood Event.
23 2. The average bottom width for Palm Canyon Wash
24 shall be at least 300 feet, as measured from the east
25 bank of the wash, as shown in Exhibit F and F-1.
26 3. There shall be no grade control structures in
27 Palm Canyon Wash.
28 4. The channel protection or levee for Palm Canyon
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I Wash shall be placed on the west side of the Wash only.
2 The east side of the wash shall be left in its natural
3 condition. After construction, Canyon will diligently
4 prosecute the establishment of native desert non-woody
5 shrubs along the west levee embankment. Canyon shall not
6 use any design or material in its levees which will
7 prevent or hamper the successful return of such native
8 shrubs on the levees.
9 S. The levee extension downstream from -the
10 intersection of the eastern Project boundary and the
11 levee shall be no greater than 500 feet in length, but
12 may include a return in addition to such 500 foot
13 extension.
14 6. An equestrian ramp shall be provided on the west
15 bank revetment/levee for the purpose of accessing Palm
16 Canyon Wash, to be located within 200 feet from the
17 intersection of the eastern 291 foot development limit
18 referenced in Exhibits H and 8-1 and the west bank
19 revetment/levee, measured along the revetment/levee
20 extension in a northeast direction.
21 Regardless of the receipt of tentative approval by the District,
22 Canyon hereby expressly agrees not to proceed with flood control
23 work for the Palm Canyon Wash without including the above-
24 specified criteria.
25 J. Any rough grading and/or blasting during construction
26 shall be done in strict adherence with the mitigation measures
27 and monitoring methods identified in the Environmental Impact
28 Report for the Redevelopment Plan and Specific Plan (herein-
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I after, the "EIR") , and as approved by the City. Unless
2 otherwise directed by the United States Fish & Wildlife Service
3 or the California Department of Fish and Game vis-a-vis noise
4 and other impacts on peninsular bighorn sheep and desert
5 tortoise, included in these measures shall be, inter Ilia:
6 1) a prohibition of any blasting west of Palm Canyon
7 Drive during the months of April through and including August;
8 2) a prohibition of rough grading in the entire western
9 one-half of Section 34, Township 4 South, Range 4 East and in
10 the western one-half of the eastern one-half of Section 34,
11 Township 4 South, Range 4 East during the months of April
12 through and including August; and
13 3) limitations on rockcrushing activities as set forth
14 below:
15 (a) a prohibition of rockcrushing activities in the
16 entire western one-half of Section 34, Township 4 South,
17 Range 4 East
18 (b) a prohibition of rock crushing activities within 600
19 feet of Palm Canyon Wash, and
20 (c) a prohibition of any rockcrushing activity in the
21 western one-half of the eastern one-half of Section 34,
22 Township 4 South, Range 4 East during the months of April
23 through and including August, provided that
24 (d) Notwithstanding subparagraphs (a) , (b) and (c) ,
25 above, Canyon shall be permitted until May 1 to move
26 rocks located in areas in which blasting and rockcrushing
27 are otherwise prohibited during the months of April
28 through August, from such areas to areas in which
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I rockcrushing is otherwise permitted for the purposes of
2 rockcrushing. For purposes of moving rocks pursuant to
3 this subparagraph, Canyon may use only the equipment
4 listed in Exhibit 0.
5 4) No earth movement with heavy equipment shall take
6 place within the western one-half of the eastern one-half of
7 Section 34, Township 4 South, Range 4 East, during the months of
8 April through August, except for fine grading. Notwithstanding
9 the above, nothing shall prohibit Canyon from engaging in the
10 careful recovery and storage of natural flora, such as cacti,
11 during this time, provided that the only heavy equipment which
12 can be used during the months of April through August are as
13 listed on Exhibit S, and may only be used to transport
14 personnel, equipment and flora.
15 For purposes of this Judgment, "rough grading" is defined
16 as grading or earthwork activity to deliver a project site to
17 within one-and-one-half (1}) feet of finish design elevations or
18 grades pursuant to approved plans. "Fine grading" is defined as
- 19 grading or earthwork to take cuts or place fills of up to one-
20 and-one-half feet or less and to detail the site to within 0.15
21 of a foot to design grades.
22 I. Canyon shall provide temporary equestrian access
23 during construction by, inter alia, (1) refraining from using
24 Palm Canyon Wash as a haul route; (2) limiting flood control
25 construction work for Palm Canyon Wash to the period from May 1
26 to November 1 of any calendar year (subject to any Force Majeure
27 Delay) ; and (3) until all rough grading and flood control work
28 is completed, providing interim alternate equestrian access
• �" .mwvr
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1 route(s) for passage and access to existing trails, no closer
2 than 300 feet to grading, construction, flood control work or
3 construction access roads and haul routes across the Project
4 Area, except as may be unavoidably required for points of go*
5 intersection crossings of the temporary access routes by
6 construction vehicles.
7 L. Any prevention, delay or stoppage due to any Force
8 Majeure Delay shall extend the time of performance of flood
9 control work in Palm Canyon Wash by Canyon beyond November 1,
10 for a period of time equal to that of such prevention, delay or
11 stoppage. Canyon shall provide written notice to the Sierra
12 Club of each event causing a Force Majeure Delay within 5
13 business days of such event. The term "Force Majeure Delay" as
14 used herein with respect to limiting flood control work for Palm
15 Canyon Wash, shall mean any delay in the construction of the
16 flood control work for Palm Canyon Wash which is attributable
17 to: strike, lockout or other labor or industrial- disturbance,
18 civil disturbance, insurrection, future judicial order
19 preventing action on Palm Canyon Wash, act of the public enemy,
20 war, riot, sabotage, blockage, embargo, freight embargoes,
21 shortages of transportation, inability to secure customary
22 materials supplies or labor through ordinary sources by reason
23 of regulation or order of any government or regulatory body;
24 delay attributable to acts of God, epidemics, excessive rains,
25 lightning, earthquake, fire, hurricane, tornado, flood, washout,
26 explosion; delays resulting from the discovery of historical
27 artifacts in Palm Canyon Wash; or other delays arising from
28 causes beyond the reasonable control of Canyon.
rA=, RUIM
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I M. The closest point of the of the main hotel commercial
2 structure contemplated as part of the Project shall be north and
3 west of, and no closer than 550 feet with no more than a five
4 percent (51) plus/minus variance from, the northwesterly corner
5 of that wall which acts as the western boundary of the property
6 under the control of the Andreas Palms Community Association and
7 referred to herein as Andreas Palms, as identified on the
8 Reference Map, attached hereto as Exhibit I ("FINAL" REVISED
9 CONCEPT MAP] .
10 N. At least 200 feet of landscaping buffer, which may
11 include golf course holes, shall exist between the westerly wall
12 of Andreas Palms and the Canyon Park Resort i Spa structure. In
13 no event will the landscaping within the 200 foot buffer block
14 mountain views from Andreas Palms to the west. In addition,
15 landscaping within 300 feet from the westerly wall of Andreas
16 Palms shall preserve visual corridors toward mountain views.
17 The Board of Directors of Andreas Palms Community Association
18 shall have the right of review and prior approval of such
19 landscaping plans, provided such review and approval is limited
20 to the potential impacts of the height of the landscaping within
21 such 300 feet on the westerly viewscape of Andreas Palms.
22 O. If Bogert Trail is eliminated due to project
23 development, then Canyon, as the primary option, and at no cost
24 to Andreas Palms, will seek to construct a private connecting
25 road for the benefit of Andreas Palms from Acanto Drive to a new
26 entry gate for Andreas Palms on one of two lots (Lots 11 or 13) ,
27 as described in Exhibit J, if one of the said lots can be
28 purchased by Canyon at its fair market value. The new road and
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1 entry gate will be constructed by Canyon at no cost to Andreas
2 Palms and will be sited in locations acceptable to Andreas Palms
3 on said lots, subject to the approval of the City. Andreas
4 Palms shall have the sole discretion to have Canyon either
5 (1) remove the existing Andreas Palms entry gate at Bogert Trail
6 and re-landscape that entry gate area, or (2) leave the existing
7 entry gate as a secondary emergency egress from Andreas Palms
8 onto the internal Canyon Park Resort 6 Spa circulation system.
9 Should Canyon be unable to acquire one of the lots described in
10 Exhibit J for the fair market value of such lots, Canyon may as
11 a second option, in the alternative, construct a private road
12 for the benefit of Andreas Palms, along the west side of the
13 westerly wall of Andreas Palms which leads to the existing entry
14 gate at Bogert Trail. Said private road shall be constructed as
15 far below the existing finished grade adjacent to the existing
16 westerly wall as possible consistent with approved engineering
17 plans and requirements for proper drainage and subject to the
18 city's approval. The road may tie into the present Bogert Trail
1g but shall be for the sole use of Andreas Palms and the Bud Fuerr
20 property (described in Exhibit X] in the event Canyon does not
21 acquire the Bud Fuerr property, which is located directly north
22 of the Andreas Palms entry gate. Any such private road must be
23 at least 50 feet west of the westerly wall of Andreas Palms
24 except at the northwesterly most corner where the private road
25 will intersect with Bogert Trail. In no -event shall the roadway
26 be constructed above the now existing grade adjacent to the
27 existing westerly wall of Andreas Palms.
28 P. If Bogert Trail is eliminated due to project
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I development, then a portion of the present Bogert Trail roadway
2 may remain, but only along the north side of the northerly wall
3 of Andreas Palms, extending eastward from a point adjacent to
4 the existing Andreas Palms entry gate, over the existing Bogert
5 Trail Bridge and into the Andreas Point subdivision. However,
6 Bogert Trail Bridge and this short portion of Bogert Trail will
7 remain only for "emergency circulation" by Andreas Palms and as
8 "internal circulation access" for Canyon. For purposes of this
9 Judgment, the terms "emergency circulation" and "internal
10 circulation access" are defined in Exhibit L.
11 4• Along the westerly boundary of Andreas Palms there
12 shall be no connecting road access to Acanto Drive, unless
13 Canyon exercises the alternative of building a private road for
14 the benefit of Andreas Palms as set forth in Paragraph O, above.
15 Roads for internal Canyon Park circulation will be permitted
16 along the westerly boundary of Andreas Palms, but any such road
17 shall be permitted only on the westerly side of the to-be-built
18 golf fairway which will abut the west side of the Andreas Palms
19 westerly wall at its present location. In no event shall any
20 internal circulation road be built closer to the westerly wall
21 of Andreas Palms than 200 feet.
22 R. The Youth Facility and/or Tennis Center for the Canyon
23 Park Resort & Spa shall not be located within 150 feet of the
24 westerly perimeter wall of Andreas Palms.
25 S. Canyon shall use its best efforts to minimize glare
26 from the tennis complex, including, at a minimum:
27 (1) restricting the hours of play on the northeast, east, south
28 and southwest courts to between 7:00 a.m. and 10:00 p.m. ;
a REM" ,air
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] (2) closing all lighted tennis facilities no later than 10: 00
2 p.m. ; (3) strictly adhering to city codes as they relate to
3 lighting. Indirect lighting throughout the Canyon Park Resort &
4 Spa shall be used whenever possible, and all direct lighting
5 (such as floodlights and streetlights) shall be directed away
6 from existing neighboring development. In addition, Canyon
7 shall use its best efforts to landscape the Tennis Complex in
8 such a way as to provide additional lighting buffers.
9 T. There shall be no service access to Canyon Park Resort
10 & Spa via Acanto Drive. Moreover, in no event shall there be
11 connecting road access to Acanto Drive from the Project.
12 U. Canyon shall use its best efforts to complete all
13 exterior circulation improvements, such as the closing of the
14 present Bogert Trail and construction of the new Acanto Drive
15 improvements, prior to the generation of any internal
16 circulation (except for necessary construction activities] . In
17 no event, however, shall Andreas Palms' access- to Bogert Trail
18 or the existing entry to Andreas Palms be interfered with unless
19 and until the circulation improvements to Acanto Drive and the
20 new entry gate for Andreas Palms have been completed, or other
21 interim access routes have been approved by Andreas Palms and
22 the City of Palm Springs, and established by Canyon. In
23 addition, all roadway and circulation improvements described in
24 the preceding paragraphs shall be subject to the final approval
25 of the City as to standards, location and design.
26 V. Canyon shall use its best efforts to minimize any
27 potential disturbance to Andreas Palms which may occur as a
28
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is
I result of required improvements to Palm Canyon Wash as outlined
2 above in Paragraph II.I.
3 R. Canyon will seek Conditional Use Permit(s) for and
4 otherwise provide adequate notice of any public event at the
5 Tennis Facility, specifying hours, noise levels and light
6 levels. Canyon will not permit any "rock concert" to occur at
7 the Tennis Facility.
8 Z. Canyon will not construct, or permit to be construc-
9 ted, any heliport at the Palm Canyon Resort 4 Spa.
10 Y. The operator of the golf course at the Palm Canyon
11 Resort & Spa shall remove all grass clippings and other debris
12 from the course and adjacent property at least every 72 hours,
13 to avoid insect breeding.
14 3. Canyon shall use its best efforts during construction
15 to minimize the impact to Andreas Palms of blow sand by, at a
16 minimum, strict adherence to the mitigation measures identified
17 in the Final EIR on this subject at pages 5-121- to 5-123. In
18 addition-, Canyon shall clean up and correct any damage to
19 Andreas Palms caused by blow sand during construction.
20 III. Each Exhibit A through-L, inclusive, referred to in
21 Paragraph II. is hereby incorporated into this Judgment.
22 Iv. With the exception of obligations related to rough
23 grading and blasting, as set forth in Paragraph II.J. above, if
24 Canyon breaches in any material manner the provisions of
25 Paragraphs II. and III. hereof, any Plaintiff shall have the
26 right to provide Canyon with written notice ("Notice") of such
27 breach. If such material breach continues for fifteen (15) days
28 after canyon's receipt of such Notice, then the remedy
• sE+u ]oouot
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0
1 provisions of this Section shall apply. Provided, however, that
2 if such breach is not reasonably curable within such fifteen
3 (15) day period, and if Canyon does each of the following:
4 (a) contacts the complaining Plaintiff in writing with a
5 reasonable explanation as to why the asserted breach is
6 not curable within the fifteen (15) day period;
7 (b) notifies the complaining Plaintiff of Canyon's
8 proposed course of action to cure the breach;
9 (c) commences to cure the breach within such fifteen (15)
10 day period;
11 (d) makes periodic reports to the complaining Plaintiff
12 as to the progress of the program of cure; and
13 (e) diligently prosecutes such cure to completion
14 then the remedy provisions of this Section shall not apply,
15 Provided that if Canyon fails to cure the breach within thirty
16 (30) days after Notice, at the election of either Canyon or the
17 complaining Plaintiff, the parties involved may-bring a motion
18 before the Court, upon seventy-two (72) hours' written notice,
19 for the purpose of determining the reasonableness of Canyon's
20 course of action with respect to the cure.
21 In the event a breach related to rough grading and
22 blasting, as set forth in Paragraph II.J. above, is claimed,
23 Canyon agrees (1) to cure said breach within 24 hours after
24 written Notice of such a breach is provided, or (2) to cease all
25 blasting and rough grading operations until such time as a cure
26 is effected, or (3) subject itself to the immediate jurisdiction
27 of the Court to resolve the matter.
28 all Notices of breach shall be in writing and shall be
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I delivered to Canyon either by personal delivery, overnight
2 delivery or by transmission through certified first class mail,
3 return receipt requested, addressed to Canyon at 2850 South Palm
4 Canyon Drive, Palm Springs, California 92264, attention: Joseph
5 Solomon, subject to Canyon's right to designate a different
6 address. A copy of any Notice of breach by Canyon shall also be
7 delivered, in the same manner of delivery and at the same time,
8 to the City Clerk of the City of Palm Springs, for information
9 purposes.
10 If Canyon shall be in material breach of its obligations,
11 and if Canyon fails to meet any of the applicable requirements
12 of this Section IV. , then Canyon shall be in Default and the
13 complaining Plaintiff(s) shall have the following remedies
14 available to them, in addition to any other remedies available
15 by law:
16 (a) If the Default relates to Canyon's flood control
17 work for Arenas Canyon and Palm Canyon Wash in-compliance with
18 the terms and conditions described in Paragraphs II.B. and
19 II.I. , above, then, at the election of the Pliintiff(s) ,
20 Plaintiff(s) shall be entitled to (i) appropriate relief,
21 including an injunction or order to compel, and/or (ii)
22 liquidated damages from Canyon [only] in the amount of Five
23 Hundred Thousand Dollars ($500,000) because of the
24 impracticability and difficulty of fixing actual damages to the
25 habitat and environment of Arenas Canyon and Palm Canyon Wash as
26 a result of such default. If liquidated damages are awarded
27 pursuant to this subsection, then the remedy for any subsequent
28 default relating to flood control work for Arenas Canyon and
na. Luca
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I Palm Canyon Wash shall not include liquidated damages and the
2 Plaintiff(s) shall be limited to all other available relief
3 except liquidated damages. The liquidated damages provision is
4 expressly agreed to run only against Canyon and in favor of
5 Plaintiffs herein, and shall not be available to be asserted by
6 or against the Palm Springs Entities.
7 (b) If the Default relates to rough grading,
8 blasting, rockcrushing or earth movement within the eastern one-
9 half of Section 34, Township 4 South, Range 4 East in compliance
10 with the terms and conditions described in Paragraph II.J. ,
11 above, then, at the election of Plaintiff(s) , Plaintiff(s) shall
12 be entitled to (i) appropriate relief, including an injunction
13 or order to compel, and/or (ii) liquidated damages from Canyon
14 (only] in the amount of One Million Four Hundred Thousand
15 Dollars ($1,400,000) because of the impractibility and
16 difficulty of fixing actual damages to the- habitat and
17 environment of Arenas Canyon and the peninsular bighorn sheep
18 and desert tortoise as a result of such default. If liquidated
19 damages are awarded pursuant to this subsection, then the remedy
20 for any subsequent default relating to rough grading, blasting,
21 rockcrushing or earth movement as described above shall not
22 include liquidated damages and the Plaintiffs shall be limited
23 to all other available relief except liquidated damages. The
24 liquidated damages provision is expressly agreed to run only
25 against Canyon and in favor of Plaintiffs herein, and shall not
26 be available to be asserted by or against the Palm Springs
27 Entities.
. 28 (c) If the Default relates to any other term or
XM, BAUN.
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1 condition of this Judgment other than described in (a) or (b)
2 above, then, Plaintiffs) shall be entitled to damages or other
3 appropriate relief, including an injunction or any order to
4 compel and shall not be entitled to liquidated damages.
5 Except as provided for breaches related to Paragraph
6 II.J. , referenced above, Canyon and Palm Springs Entities hereby
7 agree to be subject to the Court's jurisdiction on any claim
8 brought by Plaintiffs on 72 hours' written notice, provided that
9 any complaining Plaintiff shall have first given Canyon and the
10 Palm Springs Entities the advance notice and opportunity to cure
ii described in the first two sentences of this Paragraph IV.
12 Notwithstanding the foregoing, it is expressly agreed that the
13 remedy of damages, including liquidated damages, shall not be
14 available against the Palm Springs Entities. Consequently, it
15 is acknowledged that the obligations of the Palm Springs
16 Entities pursuant to this Judgment are such that damages will
17 not provide adequate relief for the breach thereof.
18 v. Notwithstanding any provision of law to the contrary, the
19 Redevelopment Plan shall not be amended in any manner which
20 avoids or is inconsistent with the provisions of this Judgment,
21 unless and until the City and/or the Agency files a noticed
22 motion with this Court demonstrating, to the reasonable
23 satisfaction of the Court, that there has been a change in
24 circumstance relating to the Redevelopment Plan and/or its
25 implementation. Nothing herein shall prevent the Palm Springs
26 Entities from amending the Redevelopment Plan without judicial
27 review if such amendment does not avoid and is not inconsistent
28 with the terms of this Judgment.
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0
1 VI. The City and Agency shall not approve any Planned
2 Development District or similar application, or Tentative or
3 Final Tract Map, nor execute any development or other agreement
4 with Canyon or any successor in interest to Canyon respecting
5 the area encompassed within the Redevelopment Project Area, or
6 take any action related to the development or implementation of
7 the Plan which is not consistent with the provisions of this
8 Judgment, except (i) to the extent otherwise provided by
9 Paragraph V. , above, or (ii) as otherwise ordered by a court of
10 competent jurisdiction, provided Plaintiffs have either been
11 made parties to such judicial proceeding or have expressly
12 declined to join such judicial proceeding.
13 VII. A. Subject to the provisions of Paragraph VII.B hereof,
14 the terms and provisions hereof shall be binding upon and inure
15 to the benefit of, as the case may require, Canyon, and its
16 successor fee owners and holders of equitable interests of the
17 Canyon Park Resort & Spa, the Palm Springs Entities, and all
18 Plaintiffs herein, and their successors and assigns.
19 B. Notwithstanding the provisions of Paragraph VII.A
20 hereof to the contrary, in the event that Canyon, or any
21 successor in interest to Canyon, shall transfer its fee or
22 leasehold interest in the Canyon Park Resort L Spa, or any part
23 thereof, with appropriate notice of the terms and conditions of
24 this Judgment, then Canyon, or its successor in interest, shall
25 be released from any obligations hereof accruing after such
26 transfer with respect to, and to the extent of, the interest
27 transferred, it being the intention hereof that the obligations
28 of Canyon provided herein shall apply to Canyon, or such
a NEWW" amraor
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j successor, only during their respective periods of ownership,
2 and only with respect to, and to the extent of, the interest
3 held by Canyon, or such successor, from time to time.
4 VIII. All persons are hereby permanently enjoined from the
5 institution of any action or proceeding raising any issue as to
6 which this judgment is binding and conclusive.
7 IZ. This Judgment be forever binding and conclusive upon all
8 persons as to all matters herein adjudicated and all matters
9 which could have been adjudicated in this proceeding.
10 =• Plaintiffs are entitled to recover attorneys fees and
11 consultant and court costs in the amount of $197,256. 24 to
12 Plaintiffs, Sierra Club, Erik Williams and Andreas Palms
13 Community Association, as provided for in the Stipulation to
14 Enter Judgment.
15 Xi. The Clerk is ordered to enter this Judgment.
16 Dated this day of , 1993.
LY
17 RICHARD LEE
18 JUDGE PRO TEMpoRE
Judge of the Superior Court
19
20
21
22
23
24
25
26
27
28
XANK, .MIM
c ernuMAN sir
-25-
1 Sierra Club v. All Persons Interested. etc
2 EXHIBITS
3
4 Exhibit A - Map of western 120-acre area (I II.A. ]
5 Exhibit A-1 - Map showing Restricted Area in 120-acre area [I
II.A. ]
6 Exhibit A-2 - Map showing Permitted Development Area in 120-
7 acre area (I II.A. ]
8 Exhibit B - Map showing Eastern Development Limit [I II.A. ]
9 Exhibit B-1 - Map showing detail of Eastern Development Limit
[I II.A. ]
10 Exhibit C - Map showing western Preservation Areas [I II.E. ]
11 Exhibit C-1 - Map showing eastern Preservation Areas (I II.E. ]
12 Exhibit D - Map showing trail alignments and access routes
13 (1 II.G• l
14 Exhibit D-1 - Map showing equestrian access easement at
northeast corner of project
15
Exhibit E - Arenas Canyon Flood Control Maps (E, E-1, E-2 and
16 E-31 (1 II.H. ]
17 Exhibit F - Palm Canyon Wash Flood Control .Maps [F, F-1, F-2
and F-3] [I II.I. ]
18
Exhibit G - List of Equipment for moving rocks [I II.J. ]
19
Exhibit H - List of Equipment for collecting flora (I II.J.
20 (also) ]
21 Exhibit I - Final Revised Conceptual Map (Andreas Palms) [I
II.M. ]
22
Exhibit J - Legal Descriptions of Lots 11 and 13 for new
23 entry gate location [1 II.O. ]
24 Exhibit K - Legal Description of Bud Fuerr property (I II.O.
(also) )
25 t
Exhibit L - Definitions of terms "emergency circulation" and
26 "internal circulation access" [I II.P. ]
27
28
a �noow .amaW=
-7F
t °
490
/!~ /49U -
�i
yaP RESTRICTED AREA
500
2 1' w �.
H
z
( A 51 �) w
t 0
OC O " >
'�� w• w i ti° °--
a �
N `
zo fl H Reference Source:
a I w 200 Scale Aerial Topography
• y1
1 1
r DETAIL. OF
EASTERLY DEVELOPMENT LIMITS
' ^— EXHIBIT B-1
v NORTH RESTRIL-CED AREA
Ici it
o 'H
F
V
W
N
DEVELOPMENT LIMITS
°[f[NT [S TATES '
u-
\\,J� N011TM All[N115 CANYON CHANNEL
on
zi
OL
r
i
L .��
DEVELOPMENT
•LIMITS
v l(
z
SOUTH RESTRICTED AREA
WESTERN PRESERVATION AREAS
. Reference Source:
0E.I.R. Conceptual
11 . 1 _- �, _ EXHIBIT C
Pn0.1ECT LUTS �/ G
o;. • 1 � \- , ,'
l_5 O r I` •! NdlE:
- TEU-77}}4+ML BA 1 SE
3EF(�TIE waWN a�BASE
,n T L� =TKENT
V ! T
yam„ t i�^i
¢urn ENT3
1 (I .ems
EM: RESTRICTED AREA FOR
HABITAT VALUES SUBJECT
TO FLOOD CONTROL DISTRICT
�(�� �• EASEMENTS AND RIGHTS
l..\x n.
cot !Lm
a;1�����1 • J .i I .. •5R� ,�
6/7/93 EASTERN PRESERVATION AREAS
Reference Source:
Conceptual Flood Control PnoiEcrLMYS EXHIBIT C-I
> F N
H w z
H �+ 2 S
F4+ < ) J
r3 �
- F �
a
0
a
w
A
>1 INDICATES APPROXIMATE SEE EXHIBIT 1
TRAILS LOCATION
rn �
wuranro
. ,'"��-7%d // IaYn rr elnw or.wa r+w0u Yaw f i{il,i�r ✓ _
nllar ur.nl J • L} `-"�9 _ �t/` ;
•�'�^,����-- � ..I I�l��'�ia_� u...I....r�ra� / " Yid" 1¢¢" S-r
.':,. t. awl• .� a.. .��. •hA �.r�wrlr� �,,��Y/�• �+.
�•rr f Ian i� 4 i i • ,I r'`' Y'i/.�GYJ•:��y.rur.am.
r 1 ��r 0 �. uasw..,"•
';` :ACC`\\ .�r111 .,C, _ 3 _ — / •Zii ,ram c�^.•,��t�f� 4
(a ence Source:
•��( — Master Land P
:M S•1! cro.'�:Jl!frUr �';3 ` . I �f 1 `^ r E
�1�1�� \l�,l� �•y`WaYVWI •.�41M FYM1 I.alrt
WVa IYI Tllr_t COY.IIa
afW�CYVIra
INDEX 5
O1 10' WIDE HIKING ACCESS TO ARENAS CANYON
O2 15' WIDE HIKING AND EQUESTRIAN ACCESS 4� 30' WIDE HIKING 6 EQUESTRIAN IN
TO LYKKEN TRAIL PALM CANYON WASH BOTTOM TRAILS EASEMENT:
O 30' WIDE HIKING AND EQUESTRIAN ACCESS O 10' WIDE HIKING ACCESS TO CORDON TRAIL
TO PALM.CANYON WASH EXHIBIT D
O. ❑
S
Q
r W W O
In
z O
Cd
/ W ,21v�
dWbzJ
,. � -: . (•i�.i:l�' �.: �m f'.::
I Ile
1�
4
34iv�aa loe�J f
r \ ei
.t_J/ � lyR
.C`�'•a ..�/`1 �`'��" "sue I IN
"�� `� �/�^ ?�-�/"r_-••�\. _.�. - 'K•�.L� sue`_ '.. �\ ! si
Ij
•�:t". .t. - 'fin � J .` ` •'-�1 •\1\ •� •\ � � �Yn � �+ �Y{
r 111I 1,
7
r
SHEET
ARENASc)� 1\ C C
CONTROLFACILITI]
6 Reference Source: Conceptual Flood Control Facilities Plan EXHIBIT
I ,
W -75'
Z - 2
i H . 13' _ +
(7
7
PROPOSED CAMINO REAL
BRIDGE CROSSING ZO
�J
�. -7 o �,
w - 100'-200' \�
Z 5 STA 144 00
PROPOSED SOUTH PALM CANYON DRIVE H - 10' J
-"1 BRIDGE CROSSING �1 •
• ENERGY DISSIPATOR ZONE
��\%��� l/'/. e"'� �_ _ems � '' • '�/ �J 1
to i ��-:�•�D r A R-K 'IN G
I 1 •�
A �f• * T13 Ir -fil
^ i�
XI� 1
t
j s •/ ��. J may;.. ,`Ll�WFR�RENtS.GI�> SHEET
/ �_ ✓r '!.�- �E HIBIT 7)/J
1 d %`�^��':. ` / ' f \11 1_ CONTROL ARENAS CFMICOLITIEt
S _ .. •. _ .. � �
Reference Source: Concep6/7/93
tual \: _ EXHIBIT E-
Flood Control Facilities Plan
N � � n��.� / .T'r . � T � ' f I • � Oa
La
u ;
3 N r �r � 1 � *it` � I
{
it
to
�� • \ 1 .J)f. l.1 t
) •••lll 1, o
Sty
REPO � (a .4
` u �•
�•,M�No
f-.N • 1 { � N �1
Y F
� C U
in
i
END LOWER ARENAS DRAINAGE
IMPROVEMENTS
STABILIZER STRUCTURE
PROJECT LIMITS 0 ;k - G
W - 75'
Z - 2
—._ H
- 100'-200'Z� - 5
H - 10'
/ t % \ I RAINAG WALE
•'' - i '
1 �1
000
N
/ 3po J
- o
H �^�� � ` �'`+2 � •' / /,G�/1\�\ V� .e G i � � r �� ' ^I � 1 l�'.I'lilll
rn
ARENAS CANYON FL
w ��'l\ it '��'• � �J'�`i ti•• �\ "_�.� .\. �/ .' ! � ���✓!i CONTROL FACILITII
6/7/93 /��., \ EXHIBIT E-
Reference Source: Conceptual .�• 'f + c '.• _ r \_ ?4 .
Flood Control Facilities Plan �� • c _\ . .,•,� \ 111 I
o
25
WIPTIJ
a LOW wiDrf
gut
QJSrED _IMF
-
i � ! / ice'''• -
I ^( l BOGS J \� RI \ `\' r';''�I
U31LF
i ^ i r=XI�S SIN L1v1
► CON BANK �jNING-.•
PALM CANYON WASH
FLOOD CONTROL FACILITIES
6/7,(93 Referenca-- 1 -7� - -�_. r_-- s t �•
(I\1�� n,e Source: Conceptual � la EXHIBIT F
/ D AINAGE2 WALE
o
a) " '
Clio 0
El
t
°
� •4'� � -cam.. '1„ �'rBlr '- r//
�wg ' F ) ,� ' (��• I D�ATD_gHANNEL DIMENSIONS
7 = ~ ( �� \<<I� I _ -TFIE MINIMUM BASE
.
'�1\ �j I /iE,IMPROVEMENT
��tt,1� , Q
•��A `1 LOCATION
i 11/ jv
II �: _ s _Il�� ' l� r �tt11I�
II 6/W/93 1 s^s_. F i i
c
- tr�� { PALM CANYON NASII^_ _ -- EXHIBIT F-1
ieference Source: Conceptoa l € / � r , • ! „
• •t t1\O UI(V1CM
I ! , '
-! I , ! I I I I IL ! ! I i—H— i
1• ,'y�4 ! ! c I'.. r . I
I T_1Y-
I
14
!" .' ( I
i 1 +—� I I ! I I I I I - rI I I -i 3 L.
F++I I 1 1 I I' i I '.'!�• �-�l I I I i , � .I . ' i � .l' i I -
y__',rZ—�.:. ... 1 I ! 1 t '-�, '� I 1 • I I I I I_ ! I I ! i—! ! ! , 1 � ��y- I
I I
—_;.,� i—, - . . { t'�'bi`J•b41 1 I It 1
A I I `.�i. ' I I ' ♦ I ! I I IT 'I- ?I;,` I
! -�-` +- I I •re yc. I —j—'r 1``iT��\
V S 1 { I I
• I , I i. , l i I I I I : ! I I I I : ! ! I i I77 -r-'- i
1 �—I ! _
_L
_!��; ' ! . � I I I I � T�I I I ! I i 1 i 1 ! 11"�• I I . I it ! 1 ' I ! I . I I _ __--I ..:i I I
eic.a-r•. : ' !'q'�1 u:C `.14 6'(C !i " AoC(i /.'Y' 't/ .. !!.!G /:r71/C:J l•i d
i dt:..Rile : I• i/ ...i 7tl iC7 1 v;.1 7R �M(1 nA • -1 $•TJ �17 ..17 '.:L'I-7U .1,'I'.;n i,f.`ii*' !' r, •.. Is. ;a"' �
tom_ i ' L, 1' r .f<:..a�;?.: )T-`:l'. .•T�-Sr w.�na.•.:..��:JS^w.-.--n .•i
2 PROFILE PALM CANYON MASH
4 z
i 6/7/93 FLOOD CONTROL FACILITY
Reference Source: Conceptual
Flood Control Facilities Plan EXHIBIT F-2
r. - t• T. •117.,.�:. •. r '" -:/'a' •:'r•�• Y- • f'� • -CYti'!''�; 1:7 iiy.i r'f.`;?1•
fivSWA t I
IMF mellr�
-71 Ion YEAR . z(
J� zf-YEAR
• - REdr-'fi�IW�(- -•
a IO 1
6or�tai L odk
SE��tor�l A-A 5rA I46 .00_
. t ,. . a,.r, .�� 'i: .j' \ "'�.::J`•Iw�Y :7 a+1•r .•�S_�71' - rl"`:•�•�y ��•,7i�:. .
R' �r '��.. r � f .� i11.LL y. .i.rrbi ' �` °r^' a , �.• i 1'�d}" a.' v•rti y t�I���f ..i .'r•r:'� ,,. �� t�
},, .'r: .,t_.�.:,nfr�'f'���.r•i�yY�i�.� r i�a.� � �-] .'Y�.'n•�` 'r a(e��.2 f,.r...�'Y :"' 1:" �+y i.�Mj}If:n �i�'4.Lri7;.. y'�,t•• . Ati 7
.. -.�•lY r/(1.r •.'.r ` r t. ,�'j �'�:r>Z:+.. ",7: .:-yir.y` .i 4'.S•r�. � f(:=. iy`li tl'% .M� N.l {:':....1�• �•': i�": �'�.. ^
•i,. 1� ,[.ai. 'f' r „r i —Y F :a.J7. f r ri;('>..: •.a• t';t.r ✓• 1 � 'ttrsr 1
7ti�7�Vit�h: :�"1Y' 14�1}i::re/'�I�w.;c.•:7`NN��M^ t'` • �''':JtV�'. ���'w):.v..Y�—`7*!t f ,tt`i,,.t,'�r.', !�'41't:97.•.i'%5�i+ Itr�.":.::I:iµ'
1".:•_''':i. ':•' .11. -" ''k'1I�ti ��..\��'fr:.i>ir,+{rt :`.�•� : ' eti'i.. '•a`;<:ra;:�:�Y'.II�_y," ...•]:rt!'}k�;j �G��:;k L +'�a.��'L,'r`'.S
:.�. :.•. i,.: �Itlt ?i�f } I I"'i�i•ixi•...1 i :�`� tt•�r.�l.i. P<✓t+ �j..� , '�t ! )t y�itl.7, �flM�l f1��,1j , 5l
� � i f ..1-� 0. i'{:.71 .��. 1: 'M'l,r. �:'.t 7 'S �r � � ' 1�• 7y,7�7f.. ('V/� ` r'
-'i.\.,� 1 .•y., fi �'� {tom. IH ./•�.'.. �%: �•1:4 • �L:r },•;
7•� ,�( I °' t:� • i<<� ' .QirAl!w'St •u r y): , ,;�� r< Ft,r.•.•.r ,r �tf li. �S.a.,i 't:� •iT%'. l:�`: i`g
2iC r . l.U, '�'r. c�. —r'r '�' •.5: :x.1--i.- •>'.. .,,•- t'u.•• .,.�:,,ti :.(r. •. :•L F'r•" le
PROPoS D •(CLOD Col�fi�vL- '` '-•' /
rw o , .
,�,�,7 BOTTOM
WIDTH PER t f
r EXHIBITS
i - - F AND F-1 .. 7 ,
lt, - -
AWL :
coJ ura�
SECtIo►� •S-8 SrA ►,iz403
,.i, r rr•. 1%r tr '... :\. ti .-r C1�1 1bRit ,1,.� � -• :. . :7. . . .._ . ;rr.a• . .:'..i��' .y...l•.' r+� •' � ' 1(�(::•' ;(:: 7jr-, r•%` :_ r.Y f'.. ��//�1"' iT �G i•t11"
. :�: ._�'�4i�r. . ... .. ... .'.1.. :'!a•'r�i.':•:z:. . �:�*r:.i�Jil: :. .. 1%�.:.. 'in}:l:t?!1�.- :I•_{::h�.�'..s1 '
PALM CANYON WASH
SECTIONS FLOOD CONTROL FACILITIES
Reference
•, EXEXHIBITt'-3
Re
Reference Source: Conceptual
1 EXHIBIT G
LIST OF EQUIPMENT PERMISSIBLE FOR MOVING ROCK
2 PURSUANT TO 1 II.J. (3) (d)
3
4 BOBCAT LOADER: MELROSE SKID STEER LOADER MODEL 1 843 (or equal)
5 BACKHOE TRACTOR: FORD MODEL 1 755 (or equal)
6 FRONT END LOADER: CATERPILLAR MODEL 1 950 RUBBER TIRE (or
equal)
7
8 TRUCKS: KENWORTH SEMI WITH CHEROKEE LOW SIDE TRAILER (or equal)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
XAXX, MLLM,,
pomwa .nroovr
-27-
] EXHIBIT H
LIST OF EQUrPMF.NT PERMISSIBLE FOR MOVING FLORA
2 PURSUANT TO k II .J. (4 )
3
4 BOBCAT LOADER: KUBOTA B1750 WITH BUCKET/BACKHOE ATTACHMENT (or
equal)
5 TRUCK: FORD S350 FLAT BED (one ton) (or equal)
6 CRANE: GROVE Model RT58C, ROUGH-TERRAIN HYDRAULIC CRANE,
7 3 SECTION MAIN BOOM, 20 ft. to 70 ft. [medium operation
@ 49 ft. ] (or equal)
8
9
10 j
11
I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
• ' 28
XAMM, RALUCK
a •no34M JUDGH r
-ze-
F
N H CANYON PARK RESORT 6 SPA HO➢IFIID PROJECT AREA =
CONCEPT: THE APPROVED CANYON PART, RESORT d SPA SPECIFIC PLAN
k: ELEMENTS WILL BE REDESIGNED AND REDISTRIBUTED WITHIN
THIS MODIFIED PROJECT AREA, s�
NOT TO SCALE
o
41 h b
n�n
291 FEET
^1 H
• 2 F
H 6 CLOSEST POINT OF F+ "
p. HOTEL SETBACK Q -�
550 FOOT RADIUS FROM NORTHWEST CORNEA ¢ ae
X ; O NORTHWEST CORNEA OF ,--I OF ANDREAS PALMS w w
ANDREAS PALMS
-----� F W
O
Ud :n
w_ REAS PALMS
200 FOOT '
LANDSCAPE BUFFER
-------------�_�
: INDICATES MODIFIED DEVELOPMENT LIMITS
OI FOR DETAIL THIS AREA SEE EXHIBIT A-2
x 2O FOR DETAIL THIS AREA SEE EXHIBIT C FINAL REVISEDCONCEPT MAP
a
'I 3O FOR DETAIL THIS AREA SEE EXHIBIT C
� EXHIBIT I
1 EXHIBIT J
2 LEGAL DESCRIPTIONS OF LOTS 11 AND 13 FOR NEW ENTRY GATE
3 LOT 11:
Lot 11 of Tract 16759, as per Map recorded in Book 129,
4 Page 87, 88, and 89 of Maps, records of Riverside County,
California.
5
6
LOT 13 :
7
Lot 13 of Tract 16759, as shown by map on file in Book
8 129, Page 87-89 of maps, records of Riverside County
California.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
• . 28
aa, i.u,Q
a �a amour
-29-
1 EXHIBIT K
2 LEGAL DESCRIPTION OF BUD FUERR PROPERTY
3
4 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE
5 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
OFFICIAL GOVERNMENT SURVEY;
6 EXCEPTING THEREFROM THE NORTHERLY 36 FEET OF THE WESTERLY
7 100 FEET OF SAID LAND.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1 . 28
"Ix, UL =
4 MMOA cv"
1
1 EXHIBIT L
2 DEFINITIONS OF TERMS
3 "EMERGENCY CIRCULATION" AND "INTERNAL CIRCULATION ACCESS"
4
5 INTERNAL CIRCULATION:
6 The movement of traffic integral to the needs of
7 internal Canyon Park Project traffic circulation and not
8 a thruway for public traffic beyond the Project limits.
9
10 EMERGENCY CIRCULATION:
11 Temporary traffic routing to maintain continuous
12 circulation or movement as may be required during
13 emergency situations or conditions which may require
14 closure or interruption of the established public roadway
15 systems.
16
17
18 '
19
20
21
22
23
24
25
26
27
28
ua. ULLM .
a mane moues
-31-
CflENT ESTATE!
�����• •"� ��A�!�,f NO11T11 Al1EYA!CANTON CHANNEL
d '
wb
' rr
yA L _-,46
WESTERLY APPROXIMATE APPROXIMATE 120 ACRE AREA
it1 "tii.Z�-, «•11ti1 ' ii�cs
I \ -
I
ai
zl0
N IH
W
yl
N I.\n
`Reference Source:
WESTERLY 120 ACRE AREA
E.I.R. Master Land Plan
ILII EXHIBIT A
31P11.- \� DESERT ESTATES
NORTN ARENAS CANYON CHANNEL
un
10
094
0
RESTRICTED AREA �-
„�('f APPROXIMATE;T.I !/ i; Y
AREA TO REMAIN UNDE`ELOPED 1
zI
0
N
HI
U
CAI/1
NI
.wl
RESTRICTED AREA
WITHIN THE 120 ACRES
Reference Source:
E.I.R. Master Land Plan EXHIBIT A-1
6p
TOP OF WASH n
BANK — 1
SOUTH BRANCH OF
ARENAS SOUTH _\ .1
^�
3 I 1 I
> Q
25' SETBACK TO ' J
RESIDENTIAL LOT
NORTHERLY
DEVELOPMENT PERMITTED 14
LIMIT DEVELOPMENT ccii
1`
• AREA
WESTERLY 400' 1 1
DEVELOPMENT � --
LIMIT �(
76
TOE OF HILLSIDE
SOUTHERLY
DEVELOPMENT
LIMIT
DEVELOPMENT AREA
WITHIN THE 120 ACRES
Reference Smirre: /0'�1 rvurerT ._�
F
291'I�
�'M F
ZZ Z
O:� W
• H;H �
U:U �
_ W
.Mo.0 rJu,a Ta...a I O
r
M.Nf.\T.T..
��`L�✓.s' �, _ �' it ;y •,�JJ
~I•C��.eYs,.�v��� r �'^�i./ � .�...,-.._._. w.rw.r � ter,� `. 111�1Li 4 ♦.Yr.,.l:�1���i .,r VA �-1 YwT.Y ruaYna /� � yrt� �1,�� \
�..ii• .j'(�' '��,•',�:.i.` . '� .rr 1 X- � �:ri .,wwc.ov cwn.
y � �}�lf�t ...r. /•v.� iiy. .� •S �,� ' 1 :%/ �. j//Jl1�.i _ ..M..,...v.w
K\ lfy �t�,`11�� 1 ! i O ' fry • `:`w,rw�ia•Y _•�\\�� r
t"M.tl.W\ 41W 1P/MI�ITT
WYtYf ..La4(.gwl.
Reference Source:
E.I.R. Master Land Plan EASTERLY DEVELOPMENT LIMITS
EXHIBIT B