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HomeMy WebLinkAboutA4196 - STREBE TRUST TACHEVAH IMPROV R 19729 Strebe Consolidated Trust Subdivision Improvement Aor AGREEMENT #4196 R19729, 1-19-00 CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this "a ay of C(2 2000, by and between STREBE CONSOLIDATED TRUST,hereinafter collect" ely referre t as "Subdivider" and CITY OF PALM SPRINGS, a municipal corporation of th State of Cali ornia, hereinafter referred to as "CITY"; WITNESSET14: WHEREAS, Subdivider has prepared and filed a Final subdivision map of Tract Map No. 28610 in the City of Palm Springs, County of Riverside, for approval by City; and WHEREAS, Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown in said map; and WHEREAS, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS,as a condition precedent to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an agreement with City to construct certain improvements; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately $ 250.577.00; NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows; I. Subdivider, at his sole cost and expense, shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements,as shown on the "Improvement Plans for Tachevah Drive", a copy of which is now on file in the office of the City Engineer of the City and which is referred to and incorporated herein as though set forth in full. 2. Subdivider shall execute a Deed of Trust encumbering the property upon which the subdivision map is being recorded, in the form attached hereto, to secure the performance by subdivider of its obligations hereunder. It is hereby agreed that the amottrit secured by the Deed of Trust is the cost to construct the improvements,wlrich cost is currently estimated to be S 580�.50. Subdivider shall procure for the City, at subdivider's sole cost and expense, an ALTA Lender's Policy of Title Insurance,in a form and content satisfactory to the City,insuring the priority of said Deed of Trust. 13FATS I IIIIII�IIII�IIIIIIII��IIIIAIIIII IIIMII IIIIIII IIII(IIII L)3 &8e 0&088F0s ram (o The City shall reconvey the Deed of Trust upon acceptance by the City of the improvements, the payment by subdivider of any fees and costs necessary to reconvey the Deed of Trust and the furnishing of a maintenance bond at the time of the acceptance in the amount o f$ 62.644.00. Said maintenance bond shall remain in effect for a period of one (1) year from date of acceptance of the improvements. 3. Before final approval of street improvements, the Subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Final Map, The Subdivider, after setting the monuments, shall furnish the City Engineer of the City of Palm. Springs, written notice of the setting of monuments and written proof of having paid the engineer or surveyor for the setting of said monuments. or as provided for in the Subdivision Map Act, 4. In accordance with the terms of said subdivision regulation aforesaid,the Subdivider does hereby agree to furnish a good and sufficient bond in the amount of S 3.175.00 to guarantee payment of the cost of setting monuments as stated in Item No. 3 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be constiurted and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 6. Subdivider shall complete such improvement plans including any corrections and revisions thereto necessary to comply with the applicable City standards as deterined by the City Engineer, within thirty (30) days after approval of the final map. 7. Subdivider shall perfonn any changes or alterations in the construction and installation of such improvements required by City,provided that all such changes or alterations do not exceed 10 percent ol'the original total estimated cost of such improvements. 8. Subdivider shall.guarantee such improver.eves for a period of one(1)year following the completion by Subdivider,and acceptance by City, against any defective work or labor done, or defective materials fainished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one (1) year period. 9. Subdivider shall commence the construction and installation of such improvements within six (6) months from the approval of such "improvement Plans for Tachevah Drive" by the City Engineer, and shall complete such construction and installations within eighteen(18) months from such date of commencement. 10. In the event that Subdivider fails to perfonn any obligation hereunder, Subdivider authorizes City to perform such obligation twenty (20)days after mailing written Notice of Default I�IIII I�IAII IIIIII III IIIIIII INIIIAII IIIIIII IIII IIIII es a@00 0076a5esa to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. 11. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing perfonnnance of any such obligations, including costs of suit and reasonable attorney's fees. 12. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify,defend,and hold the City hannnless from any losses,claims,demands,actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney's fees. IN WTTNESS WI-IEREOF,the parties hereto have executed this Agreement as ofthe day and year first above written. SUPD1VIDER: BY �t�c.� Lire Frank Fen-e Tts: Trustee Address: }TFEC C- C-005OLI DATED —F20S 3�CD J1021 " 'C>" Si7'�e! Si7i SOS 5,41l AlZ) c,4 ayal City Cleric it Manager Reviewed and Approved,: �� f APPPOVED BY THE My COUNUL BY RES. NO. 11111 II HIM 1111111111111111 I I III 11111111111111 111 G8,10912600 68s00R , 4o£ 6 AL.L-P UR POS E ACKNO'[N'L DGriIEIe T • 33 State of California ' County of SS. On — 1 Ly /J6pL) before me, /000/-7 ( ,)h� � (DATE) (NOTARY) o personally appeared SIGNER(S) 9 impersonally known to me - OR- ❑ proved to me on the basis of satisfactory 8 e evidence to be the person(s) whose name(s) ° is/are subscribed to the within instrument and • acknowledged to me that he/shc/they executed 4 the same in his/her/their authorized O • capacity(ies), and that by his/her/their • signature(s) on the instrument the person(s), • or the entity upon behalf of which the ° PAWN 5HEN� person(s) acted, executed the instrument. O Comm.q 1109158 N O � N A �_, NOTARY PUBLIC-CALIFOANIA 0 N . San Bsmardino CWM w WITNESS my hand and official seal. ' My Comm E%piros Aug 25,2000 9 �a ° a Olen 8 • NOTARY'S SIGNATURE • 4 � OPTIONAL INFORMATION " AThe information below is not required by law. However. it could prevent fraudulent attachment of this acicnowl- 9 edoment to an unauthorized document. ° CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT a•Y El INDIVIDUAL ❑ CORPORATE OMCER - TITLE OR TYPE OF DOCUMENT grL)p r.. + [..��{''// �� �1� ❑ PARTNERS) V ❑ ATTORNRY-IN-FACT o ❑ TRUSTEE(S) NUMBER OF PAGES • ❑ GUARDIANICONSERVATOR o ❑ OTHER: O • a DATE OF DOCUMENT • e SIGNER IS REPRESENTING- O NAMF,OF PP,RSON(5)OR ENTITY(IP.S) — ® _ OTHER ° APA 1194 II III VALLEY-SIERRA, 800-M2-3369I I I IAA II Alhh III II I I I I1!IIII IIIAI III IIII II IIA osles00 ee 6s3ae a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF �� ) On ZODa before me, cAiAl. �• Ga/C:r� i �1� �I�n � -Ly/e DALE NAME,TITLE OF OFFICER-E.(1.,"JANE DOE, ^NOTARY PUBLIC" personally appeared, l d� �_df�• - 2 personally known to me ebasisifisatisfaetoFy-evidem-e)to be the person( ew se nam s)js/�r subscribed to the within instrument and acknowledged to me that he/she/ the executed the same in his/he eir uthorized capacli(EsiD and that by his/he their signature( n the instrumentthe persorvol orthe entity upon behalf of which the persorsiacted, executed the instrument. WITNESS my hand and official seal. U '• ELAINE L, WEl7�KIND "NOTARY PUBLIC.ALFORNIA0 RIVERSIDIv C (J - _ - - COMM.EXp OUNTY _FEN.3,2003 _ - _ � ta i (SEAL) NOTARY PUEfLIC SIGNATURE OPTIONAL INFORMATION 1P.y L f TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE IIIIII IIIIII IIIIII III IIIIIII IIII IIIIII III IIIII IIII IIII us/0 s�f�9saea DOC = 0000—OS799S 03/09/2000 08:00R Fee:21.00 PLEASE COMPLETE THIS INFORMATION Page 1 of 6 RECORDING REQUESTED BY: Recorded in Ufficial Records County of R.iversicle FIRST AMERICAN Gary L. Orso TITLE COMPANY Assessor, County Clerk 8 Recorder c(�� RRIDED `-c: ?7LI3 M 5 u P.1G6 s¢L DA 1— rvocoR sr.r Mrsc AIM Spy �s CA; �o 63 I I I I I 44"? : Cr 4r A R L COPT L.N. P6FON� NCHC [kv� TRA. DTT: SR Title of Document IS ARF TISJ WE = r �KEI x CORDE -i U.S:,(:5/E1L1 ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (33.00 Additional Recording Fee Applies) ETC-SCSO 096a(Rev&27) Order No. rt�" DOC ������ 7!]99 Escrow No. 03,0 000 08:00A Fee:47.00 Loan No. Page 1 of 6 Recorded in Official Records county of Riverside Gary L. orso WHEN RECORDED MAIL TO: IlAlhll�llll IIIIII If1 IIIIlI�IIII IIIIiIllecordcr CITY OF PALM SPRINGS I IIIIIIIIIIIIII P.O. BOX 2743 PALM SPRINGS, CA 92263 M 5 U RAGE 61yC OA 'COR NOCOR iMF MI6C ATTN: CITY CLERK / A R L COPY LONG REFUND NCHG Z' DEED OF TRUST WITH ASSIGNMENT OF RENTS ; q (SHORT FORM) SR { This DEED OF TRUST, made y-2&C;0 between STREBE CONSOLIDATED TRUST herein called TRUSTOR, whose address is 330 NORTH "D" STREET, SUITE 500 SAN BERNARDINO, CALIFORNIA, (Number and Street) (City) (State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and CITY OF PALM SPRINGS , herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the CITY OF PALM SPRINGS County of RIVERSIDE , State of California, described as: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. SEE RIDER TO DEED OF TRUST ATTACHED HERETO AND INCORPORATED I3EREIN BY REFERENCE. First American Title Company has recorded this instrument by request as an accom- modation only and has not examined it for regularity and sufficiency or as to its effect upon the title to any real property that may — he described herein together with the rents, issues and profits thereof,subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of S SEE RIDER TO DEED OF TRUST with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor incorporated by reference or contained herein and (S) payment of additional sums and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described,Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set fortn in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision S of the fictitious deed of trust recorded in Orange County August 17. 1964, and in all other counties August IS, 1964, in the book �CCNL"ir.Ued On C'rverSe Side) � 115e (1194) FagL 1 of 4 and at the page of Official Records in Office of the county recorder of the coun*ore said propety Is loc ted, r)oted below apposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1268 556 Kings ass 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumes 166 1307 siskiyou - - 506 762 Amador 138 438 Lassen 192 367 Riverside 3773 347 Solano 1287 621 Butte 1330 513 Los Angeles T3878 $74 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4694 1 Mariposa 90 453 San Francisco A-8o4 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 EI Dorado 704 635 Merced 1660 753 San Lots Obispo 1311 137 Tulare 2530 108 Fresno 5052 e23 Modoe 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 5s 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 654 Yolo 769 16 imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 39e 693 Inyo 165 672 Nevada 363 94 Shasta 80o 633 Kern 3756 660 Orange 71a2 18 San Diego SERIES 5 Bock 1964,Page 149774 shall inure to and bind the parties-hereto,with respect to the property above described.Said agreements,terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by thewithin reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein,and-Beneficiary may charge for a statement regarding the obligation secured hereby,provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefare set forth. z 071 6 m� Q590 9 ti f4 emu't r Iwo r� } Signature of Trustor STATE OF CALIr9 NIA r COUNTY_C I L_-1 .Y 1//]0 On ���'+-r7f lQ✓Ll_ nno before rne. '^ personally appeared % Y/�A_2�r / �P✓/�(' ��" personally known to me(or proved tome on the basis of satisfactory evidence) � In be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they execuled the same in his/her/their authorized capacity(ies), and that by his/her/their sgnature(s) on the instru- ment the person(5) or the entity upon behalf of which the person(s) acted, — executed the instrument. wl'rNESS my hand and official seal Signature ^ls�L-.('� .Pi"� �/!i(_���7"t_'—'• L (This area for official notarial seal) Comm.#1109758 rIt Ca,ryt NOTARY PUSLIC-CALIFOANIA N San Sernedinn County .+ My Comm Explrar Aug,2E,2000 (continued on next page) Page 2 at 4 DO NOT RECORD The following is a copy of Subdivisions B of the fictitious Deed of Trust recorded in ea ounty in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: _ (1) To keep said property in good Condition and repair;not to remove or demolish any building thereon;to complete or restore promptly and in good and workmanlike manner any building which maybe Constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate,fertilize,fumigate, prune and de all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount So collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock;when due,all encumbrances,charges and liens,with interest,on said property or any part thereof,wnich appear to be prior or superior hereto; all costs, fees.and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure at the amount allowed by law in effect at the date hereof,and to pay for any statement provided for by law in effect atthe date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof;loin in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyanoe of any matters ❑rfacts shall be conclusive proof of the truthfulness thereof.The Grantee in such reconveyance may be described as"the person or persons legally entitled thereto"- - - --- -- - -- - - (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts,to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any security far the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits,including those past due and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to tie filed for record.Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sale having been given as then required by law,Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels,and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public (continued on reverse side) 1153(1,94) /311 Page 3of4 announcement at such time and place of sale, and from time to time thereafter may postpone ueh sale by public announcement at the time fixed by the preceding postponement.Trustee shall deliver to such purchaser its deed conveying the property so sold,but without any covenant or warranty,express or implied.The recitals in such deed of any matters orfacts shall be conclusive proof ofthetruthfulness thereof. Any person, including Truster, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust; including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of! all sums expended under the terms hereof, not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, If any,to the person or persons legally emrtled thereto. (7) Beneficiary,or any successor in ownership of any indebtedness secured hereby, may from time to time,by instrument in writing, substitute a Successor or successors to any Trustee named herein or acting hereunder,which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated,shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee predecessor,succeed to all Its title, estate, rights, powers and duties. Said instrument must contain the name of the original Truster, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (S) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,successors and assigns.The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby, whether or not named as Beneficiary herein. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any parry hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Truster, Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY,TRUSTEE. The undersigned is the legal Owner and holder of the note or notes,and of all other indebtedness secured by the foregoing Deed of Trust.Said note or =es,together with all ocher indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed, on payment to you of any sums owing to you under the terms Of Said Deed of Trust,to cancel said note or notes above mentioned,and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the Said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust,all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose Dr dvsr ov lh.s reed of Tr W OR THENOTL wh.Cb it secures.Botb must be delivered to the Trwrvc(or mneellarioa before rvconmc anee mdl he made. r U) LU r n 0) ❑ cn ~ LL OLL CC �4l 0LLI s rL O W LO yl F f �^ W 1158(1194) Page 4 of 4 ALL-PURPOSE ACKNOWLEDGMENT �.�•e•�■moo�-ba�Ir■sr•a•�■�•�•�•�eo�e•mw•�m�or�j State of California • County of _Z; r��l�n �'l`L;,� } SS. 0 On 14-111)166C before me, /Q(LW/% • (DATE) ^�. (NOTARY) personally appeared l7/ i r-e rre--, �I SIGNER(S) �7 personally known to me - OR- ❑ proved to me on the basis of satisfactory ■ "'CCC��� evidence to be the person(s) whose namc(s) o is/are subscribed to the within instrument and • acknowledged to me that he/she/they executed • the same in his/her/their authorized • capacity(ies), and that by his/her/their • 4 signature(s) on the instrument the person(s), • mk " � DAWN SMENOT or the entity upon behalf of which the Comm.PI1109758 <�n person(s) acted, executed the instrument. 11I 9 NOTARY PUBLIC-CAUFORNIA Ul San Bermrdme County iy conin. Expires Aug, ITNESS my hand and official seal. V Co o • o ■ NOTARY'S SIGNATUM • OPTIONAL INFORMATION • The information below is not required by law. However, it could prevent fraudulent attachment Of this acknowl- • Cdament to an unauthorized docurrimt. o OPACITY CLAIMED BY SIICNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ®/L�l INDIVIDUAL �7 ❑ CORPORATE OFFICER /�/ /!Yj p,/ - jV / ( (� TITLE OR TYPE OF DOCUMENT ry'ITL[3(5) 4 ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR o ❑ OTHER: e DATE OF DOCUMENT O SIGNER IS REPRESENTING: NAME OF FbK50N(S)OR ENTITY(IF, ) OTHER • APA 1/94 VALLEY-SIFRRA,$00-362-3369 III 1111111111111111111111111111111111 of dor 8890eP RIDER TO DEED OF TRUST THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated %— l/,ROOD �-199 - , between Strebe Consolidated Trust("Trustor"),first American Title Insurance Company("Trustee"),and the CITY OF PALM SPRINGS, a municipal corporation ("Beneficiary"). Said deed o1•' trust is hereby modified/supplemented (and as modified/supplemented is hereinafter referred to as "this Deed of Trust") in the following particulars only: 1. Obligations Secured, The grants, assigmnents and transfers made herein are given for the purpose of securing full and timely observance and performance by Trustor of its obligations wider that certain City of Palm Springs Subdivision Improvement Agreement executed concurrently herewith ("Subdivision improvement Agreement"). 2. Remedies. Truster hereby agrees that the City's right to enforce any breach of Trustor's obligations tinder the Subdivision Improvement Agreement shall include, but not be limited to,the right of the City,its employees,agents,or contractors,to enter upon all or any portion of the Property to remedy any such breach and/or perform any improvement under the Subdivision Improvement Agreement atthe expense of Trustor.Any expense incun-edby City in remedying such breach shall be payable by Trustor to City, in a form acceptable to City, within thirty (30) days of City's written demand thereof. Should Trustor I'ail to pay City such amount as demanded by City within such thirty(30)days, City shall have the right to lien the Property for the amotuit of the cost of curing such breach of any provision of the Subdivision Improvement Agreement, plus any additional costs, incurred by City in attempting to recover such costs, including but not limited to, attorneys fees and costs.In addition to any and all other remedies of Beneficiary set fortli carder this Deed of Trust or permitted at law or in equity,if a default or event of default under the Deed of Trust shall have occurred, Beneficiary, to the extent permitted by law and without regard to the value, adequacy or occupancy of the security for the Subdivision Improvement Agreement and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Property and to collect all rents, income and other benefits thereof and apply the same as any court of competent jurisdiction by ex parte application and without notice, notice of hearing being hereby expressly waived. The expenses, including receiver's fees, attorneys' fees, costs and agent's compensation, incurred pursuant to the power herein contained shall be secured by this Deed of Trust. Furthermore,Trustor specifically acknowledges that certain non-monetary defaults may occur under this Deed of Trust and in such event, Beneficiary and/or Trustee shall have the right to commence foreclosure proceedings based solely upon such non- monetary defaults. 3. Miscellaneous. 3.1 Severability. If any provision ofthis Deed of Trust or the application hereof' to any person or circumstance shall be invalid or unenforceable to any extent,the remainder of said Deed of Trust and the application of such provisions to other persons or circumstances shall not be effective thereby and shall be enforced to the extent permitted by law. 3? Attorney's Fees. Should it be necessary for any party to commence an action at law or in equity against the other to enforce the terms of any provision of this Deed of Trust, the prevailing party shall have a right to judgement against the losing party for reasonable Strebe Consolidated Trust Frank Ferre Its: Trustee "Trustor" (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) 13 ��� Exhibit "A" 13* LEGAL DESCRIPTION OF PROPERTY The property is that certain real property in the City ofl'alm Springs, Corutty of Riverside, State of California, more particularly described as follows: Lots 11 through 16 and Lot 20 of Tract Map No. 28610. 141do book jes RESOLUTION NO. 19729 OF THE CITY COUNCIL OF T14E CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO. 28610 FOR PROPERTY LOCATED AT 1106, 1168, 1172 and 1350 TACHEVAH DRIVE, SECTION 11, T 4 S, R 4 E WHEREAS the Planning Commission, at its meeting of.luly 8, 1998 recommended approval of Tentative Map No. 28610 requested by representing for the above described property, subject to conditions; and WHEREAS the City Council, at its meeting of September 2, 1998 approved Tentative Map No. 28610 subject to conditions; and WHEREAS the owner offers dedication to the public use for street and public utility purposes, Lot "A"; the dedication to public use, easements over those private ingress and egress easements. As shown on map, for public utility purposes with right of ingress and egress for service and emergency vehicles and personnel, and NOW TIIEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs Finds that Final Map No. 28610 is in substantial conformance with approved Tentative Map No. 28610 and has satisfied conditions as required, and is in conformance with the General Plan, and conforms to all requirements of the Subdivision Map Act of the State of California; and authorizes the City Clerk to accept said offers of dedication and easement(s) and file the Subdivision Improvement Agreement, Deed of Trust and Rider to Deed of Trust with the Riverside County Recorder; and the City Council does hereby approve Final Map No. 28610 for property herein described. ADOPTED this 19 day of January 2R00 AYES: Members Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Hodges ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED&APPROVED AS TO FORM: -,,,1>-_.-,� 13� • 0 DATE: January 19, 2000 TO: City Council FROM: City Engineer FINAL MAP NO. 28610, SECTION 11, T 4 S, R 4 E-MAINIERO, SMITH AND ASSOCIATES, INC. FOR J. FRANK FERRE, TRUSTEE RECOMMENDATION: That the City Council approve Final Map No. 28610 for Mainiero, Smith and Associates, Inc. representing J. Frank Ferre, Trustee, to divide property located at 1106, 1168, 1172 and 1350 Tachevah Drive, Section 11, T 4 S, R 4 E. BACKGROUND: Mainiero, Smith and Associates, Inc. representing J. Frank Ferre, Trustee, requests that four (4) parcels located at 1106, 1168, 1172 and 1350 Tachevah Drive, Section 11, T 4 S, R 4 E, be divided into twenty (20) parcels. At its meeting of July 8, 1998, the Planning Commission recommended approval of Tentative Tract Map No. 28610 which was subsequently approved by the City Council, subject to conditions, on September 2, 1999. The owner offers dedication to the public use for street and public utility purposes Lot "A"; the dedication to public use, easements over those private ingress and egress easements as shown on map for public utility purposes with right of ingress and egress for service and emergency vehicles and personnel. The owner is using a Deed of Trust as security under the Subdivision.Improvement Agreement. It has been determined that required conditions have been satisfied, that the Final Map No. 28610 is in substantial conformance with the approved Tentative Map, and that the Final Map No. 28610 is ready for City Council actions. DAVID 11. B�BAAR kKIAN City Engineer APPROVED: 195117 ity Manager I ATTACE MENTS: 1. Map IN THE CITY OF PALM SPMGS, SKEET 2 OF 4 SHEETS COUNTY of RIVERMS, SUTt OF umoRmi EMDEEA•S NpTEE TRACT MAP NO. 28610 T�� �TEAAD� > Nsnscn y OF rY3EYIN DPIYE ALSO eEf16 IIE Hey CF TIE ItlR11EA11f T4R[Fli OF OF E ■ FOi�11, T OH OF 1. PORTION RA G1 tiRAW, Si 1/4 �f1,,MArp.��R.f F�,.���� MAID PAT Or SL AIN 11. 3'OTRi308 [ SOIIE$ CIAT S RAW, H3L. I4 PAE 7°¢HAM TAKEN AS N Nr='00•M IiAINIERO, SMF'i'H AND ASSOCIATES, INC.'I FIAT PLSF0 DECMER 1B98 • INDICATES FOUND MONAENT AS WM EL —SITE G INDICATES SET 1' I.P.. DOFF!�•. TARED AM ASYt YAY PSaOR. PER C.P.F. SM. Cw. I lam Y NOTE FASEWENi NOTES [-I INDICATES RECORD DATA M K 2R125 IAl.M THE NORTHERLY 14.00' 6F TASREVAI OHHVE NOTES OTHERWISE p 3 Alt®'Rl� IN DOT. N OM. 44717 ANI m A""•^"'"-ISE FJSEIFRNF. W.00 FEES IN YI6T1L FON i 4471R RED. 4-29-71. 0.R.. is HE7EE1' RFf;, }3R` ySINNS00K PWANAN 7FAOIA PEFI IN6i. I-1 INDICATES RFW1D DATA PER 0 20JM I VAUTM PURSUANT TO ME. o-a ilDIGTES RECORD DATA M A 21125 ` OF THE SIIDDIVISICK NAP ACT. ®CENTER FARELINE OF AN 7 WIDTH UNKNON i. FDA POLE i - LINES CtlGIA ND IIDIRTMfA RPlC6EF. IN FAYOR {-1 INDICATES RECORD DATA PER M0174 OF CALIFDAIIA ELECTRIC POWER CCNPMY. PER INAT. VICINITY YAP LEGENO AM. ! S-45, IN WX US, PATE 434. O.R. [C-1I INDICAM RECOAO DATA PER INST. N]. �fP CENTERLINE FED. I-16-SF. O.R. HOT TO SCALE I.P. - RINCHADIAL P1AE ®AN OR OF H FOR STREETS PA AHD PINNN 6RLITIEIi, IN W - FOUND FAVOR OF THE CITY OF PALM LPIIINY. PF]I INST, NO. SET IFAD AD TAS IN WARM MTINS O TFE FD. - DM M717. RED. i-�71. O.R. PR0L6'i1AAC OF lei gYFEiS FAONTINS qI STREETF, W. - DOF'N A ST M AC 25401. AT ALL REAR LOT CORNEAS AND C.P.3. - CITY OF PALM SPRINSM e'v AN FI.DEIiT F011 IALERRCWIIAD PIPELINE AND FriAIN ANKLE PCINT0. SET 1• I.P. DOWN 6• GA LEAD 0 TAG l.F. - SQUARE FEET . INHV60I PALM SPOUNK N CONC. 100% W S1 IAC LRA �OFA IE RC PER P6. L IN SM. M. No. Ion AS •mruo TE. ® AFAN'ARR�T EITY�PALM WRIN*% PER IN S AND PUIN.3C T. W. TOTAL 10005 AREA.7.0 AC EI N714 RED, 4-N-71. O.R. TOTAL NET AREA -6.61 ACIE.TI PASEO EL MIRADOR ro. J.ZIP.M.R.i'. rum PASEO EL MD3dDOR u ur Na IOR.rs�[A.s.�+Y �mR•E- SCALE I'-IOo' w.VA.s.P.pN.°4 NAG la Gila aAi�./a=uNINLY•AN�I.ID W. 10 M.0 L ItiSOL MARS HALL M.XV l.1 ex. l.o' xx G.N.P.O.. i . 47 W 65 py 1 e va 8 S aS� 35 1 iI l S�� I q "J •� f r .....-___ ___ m�. .,-„� µ�n•ia � ads t.16 .13 �I f �o^m� y E Si 1 \ s• N.� _-._- y W, ri N.v>miN"� i M.!7a•s.P �psN. C.a ��fFldiwl�T e, r —__--{I aHi.�o yC�wl oy'•„r.�•N�°I 57 a f p�fypV B .Rip Ant 6 ti iLl�ipl 1 dlN ��p� �.pp'}1 17 b*ouvFIR.'. R TAN iql I �Ihhiiyy �W' WAY_ I r rw•wv �.a • IN 14 1T� • B�5,�! E„7� 3 k! V C 9 Ip NY•fo'0°'fll N. 1 a.00 11 IY P mnmP 2 r 3 6 7 10 W. t 4 w � ! _AT AAAP 18 gg, $: IIII Pu me4'`leai' — 1 Aran 5 B 9 �emATF � 59 n va•s.P.. Ia vrs, a7>n r aRw ic. a �� uu �{ �l q aaG�i-Ns°wat A`P Idlel L itl[YJH RI. LOT 'C ; LOT 'v - �VA�CON. NN' «°R'•�T°'d N CN'OC'M N 4'YI'w'Y xile.a'1 eaaR LIf[OF qq,, �" N, e7i•I.P.W.P.!• m.w• EA VA OF 81;51@AGEpr.RCr ,p rT`i3woAti'i[Rr'1°pli•' o•E}� '[ 9 • R[ua Nm. a mac• eta ni'�yp�ypwiuxs'i' 'pMp Ti Ya'I.N.M.P.S'�i1N� , ry n�' @ l K fio• �Y C.1.1.1IX1S1 NQ. P! �Yr F9 gl"•' 1 ' Y CR Dlf-]t ilOilW • ' IN' 6 N rills YG°.}.N. 41^L FVSWNN'�^ W L SMig Tm b.i two. 1.!:",��"czP' to go1�6u`. a �G� 9g1� „ye�l� %+f23 aQ o6. F,Ha x Wu li GRy iIOIYM N.• IO. W'- NUT OF N. .. wn NEST 2-104MMM >ao<ilPe fl-YR-Spas N I L w DQ TRY MY OF P►LK SPRINGS, SHEET 3 OF ► SHEETS COUNTY OF RrUM==, STATE OF C►UFORM TRACT MAP NO. 28610 SEE SHEET 2 FOR NDNUWENT B33NG ► SOSO1YMN OF ► PORTION OF THE NORTER 4t 1/4 AND EASEMENT NOTES nATA OF SWMN 11. TOIIN98IP S SOVW. Y►NGY 4 RAW, S,8.14 a� lval. . Fran Y►INISRO, SMITE AND ASSOCUTES, INC. x w•n•wx ml.w N b`0!'00'E DEC6MBER 1948 x Nrw•I I Sn.w N wn'w•x n.N 1!'a1'IY n.W a." U.. ' w.w li.w IFAIYAIE INifEPB N' tl' p' m' lm' wal'n• 0.0 ».a n.n Inm la'aa'q• Io.n Q.n n.w i / DEfuL N OVw'w'! M.a / / —NW"-Sl'! W.i' 9Ci�C 1•�• 11 fYa4' .F.w n.T M.11f "'o-W F.w M.W n.M —il.n' NINy:1[ TES Isa CS'lEIE� x Ww'if'[ lS.0 ® i ATE Di"E. 99 �Si.M' i•IY.W'— O!'1x' a1.Il a.R II.w 5 9 AS mlmn!f]EA IGY7 L • a ? e OETAri 'A' $ TATaEYAL DPXVE IOI m Er.. C/L M. vilRABOR pfm J437 u 3 40 V 461 � NllY w•�•r w.n fff I m.r SEE DETAIL 'A' ue.m i .Nam—a.�. �°°`c.•"'�—s.�f- �. 6 2 3 6 7 1 Q fa ozr S.F. dy a1.m L.F. lS.tll N.F. LS.Sso S.F. !I,330 S.F. % N \ ^ O\ ` SL{38 B.F. t�p� FLIYA INNE]N\�, Y Fl A PIR3L ITIYAIE nIfION\\\x"M20NEL ! , E'AS"! x! -N:wm = NRn'OOYp N NEI n' 'NPI S MJli n., 'm Nn + � . O O O� , O O �r r Q (! (! a a © p ° a s 12 u IN 4 lf,Fl] w S.F. a4 FSi,F. 16' i•' 11 LSN N.F. f3,260 N.F. F22N] I.F. i.w i.x0 0.0 n.m i.w i.n pp I A 1 1 N \ LASln.tl O 1 !!i.[Q il1.W � 'q S EMU ® Ifi." � mi v 019n Aams LOT N TACHEVAH DRIVE a Ma[GSA R AD f N9B 2@146 l DR VE f RYT ov F,... xls, NiEi a-vna .anrr: >ta i11a a-A.N-!oznlN fAlFl IN THY CRY OF FALM SPRINGS, SHEET 1 OF 4 SHEETS COUNTY OF RI4YR=% STATE OF C►MFORM _� �-�' _ TRACT MAP NO. 28610 ESEE SWEET 2 FOR wa1 M W=-W'i IO1,w N UMENT w wwt ]u.ss SEiG ■ SOH TMWN OF A POMON OF TEX NOYTMIST w w ww•Y a.m OF SWMN 11. TOWNI IP 4 SGUTH. R►RGZ 4 na, 33,1[, 4 AHO EASEMENT NOTES x ww"m] ]w.Y NADURRO, SMITH AND ASSOCIATES, INC. w eao]'w•] m.Y DECEMBER 1926 gres•ss• Y.w a." 1¢.m Y•us'ss• M.w W.0 u.s' ww'w• a.w a." w.w 9.70 Y.f1 M." a." P'M'# .w i.Si 51.91 a opm Q.N Gf.P ]l, iwv wi.w 1f..l1 M M'Y'YI'Y @.w !A'Y' N.m m.Y f1.13 4a 17 49 a{65Y F. BE >�.Y. 15 d VISTA eqn y� m .e+ 14 � 14]Y6 6.F. V.6a7 S.F. x ri'9x'r I422] S.F. ®�xvas]xrrwv� r'y']]] i 19 `f 1 Q a E.Y88 x 1�ae]s.F. 6 1L 439 S.F. ® (a ® N]Yr]'•gyp Y 4 b ] 430 O 27,60 S.F, ca 43 1. 16 [ 12 1;eW S.F. 6 a ] MUM S.F. lsgiu 'ea aer. 20 12:�]9F. i] !] .12636 S.F. "]'�•%' 1L 2636.F.� �A, i.xw a,p Y.w Y.Y 1]x m 1v W. H. ' C ® i1Fl. Q.m \ ] ] ] ] U R,u.w u],w® :w,.9 �.■ LOT "Ai e 0,673 ACRES ® �qa UNAI TACHEVAII N]rY'w Y Y[i. DRIVE Sig. D OSA{ DESERT SAlles DuMv 3A Ho. 2 Df PW 1@51@2 R➢l OF fIW1 W!, yQ!1-1K9I0,ililYF: IN,3a?x II-! R w M LS.-