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HomeMy WebLinkAbout03787 - GOLDEN SANDS MOBILE HOME PARK CCR R 18873 Page 1 of 1 Cindy Berardi From: Don Duckworth Sent: Wednesday, January 21, 2009 4:57 PM To: Cindy Berardi Subject: RE: Status on Sewer Connection Program for Golden Sands Mobile Home Park The connection was completed on 12/20/2001 and signed off by engineering department. Don From: Cindy Berardi Sent: Wednesday, January 21, 2009 12:42 PM To: Don Duckworth Subject: Status on Sewer Connection Program for Golden Sands Mobile Home Park Hi Don, I have an open agreement file I need to know the status on. According to the attached memo, we were supposed to be notified of the issuance of a permit for sewer connection for the above property. At the time of notification, our office was supposed to begin tracking insurance compliance on the agreement. I've attached the memo from Risk Management to Judy Sumich (the City Clerk at the time) as well as the 2 recorded documents so you know what I'm talking about and can bring me up to speed on whether the sewer connection has ever been done or? Thank you, Don. [indy bcra Ji L cpe ty[itq Ou-k Office of tkc City clerk City of Palm Springs P. O. Box 2743 Palm Springs, CA 92262 (760)322-8355 Cindy.Berardi palmsorinasca.gov 1/21/2009 rt C N rzoc v +� � o FREE RECORDING REQUESTED BY = RECEIVED FOR RECORD AND WHEN RECORDED MAIL TO: � 0W N AT 8:00 O'CLOCK N N CITY OF PALM SPRINGS o Ns 3200 East Tahquitz Canyon Way t 0 co -a FEB 2 5 1997 Palm Springs, California 92262 M 0 Attn: City Clerk 'o o r- � [nU U W of RveaE ie Conry Raldorn U W of RrversiEe Gounry.Calilornia c 4— ' W M Recorder O i W 0 n �U W W rn n' W O N v C'3 C70K Q d' Space above this a or Recorder's Use Only DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEWER CONNECTION ( '' THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEWER CONNECTION ( "Declaration" ) is entered into this ,---13X�'day of October, 1996, by and between ROBERT L. AUSTIN and GLORIA I . AUSTIN, as trustees of the Austin Family Trust u/t/d July 2, 1982 , as to an undivided interest; RONALD G. BOYER and LORIENE M. BOYER, as trustees of the Boyer Family Trust u/t/d February 8 , 1978, as to an undivided interest; and JOAN F. SOMMERS, an unmarried woman, as to an undivided interest (jointly "Declarant" ) and the CITY OF PALM SPRINGS, a municipal corporation ("City" ) . R E C I T A L S A. Declarant constitutes all of the owners as tenants in common of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as the Golden Sands Mobile Rome Park, located at 1900 San Rafael Drive, Palm Springs, California, more particularly described on Exhibit "All attached hereto and incorporated herein by this reference ( "Property" ) . B. In 1985 the City required that Declarant connect to the public sewer system in 1985 but Declarant never completed the connection. Declarant now desires to connect to the public sewer system and filed a hardship request with the City seeking approval for reduced sewer connection fees . C. The City conditionally approved the hardship request pursuant to Resolution No. 18873 ( "Resolution") adopted on July 17, 1996 ( "Effective Date" ) , subject to satisfaction of certain terms and conditions set forth therein, including execution of this Declaration. D. In the event that Declarant fails to comply with each and every term of this Declaration, City' s approval of Declarant' s hardship request shall be automatically revoked. 4871014084-0005/3007925.6 a10/18/96 !r4 620'70 A G R E E M E N T NOW, THEREFORE, the Declarant declares, covenants and agrees, by and for itself, its heirs, executors and assigns, and all persons claiming under or through it that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth, which covenants are established expressly and exclusively for the use and benefit of the City. 1 . REDUCED SEWER CONNECTION FEES AND TIME FOR PERFORMANCE. 1 . 1 Reduced Sewer Connection Fees . Pursuant to the Resolution, City hereby agrees to charge Declarant reduced sewer connection fees ( "Connection Fees") for connecting the sewer system within the Property to the public sewer system, subject to the following terms and conditions . The Connection Fees for spaces within the Property shall be as follows : FOUR HUNDRED DOLLARS ($400 . 00) per mobile home space; ONE HUNDRED DOLLARS ($100 . 00) per recreational vehicle space; and TWELVE DOLLARS 50/100 ($12 . 50) per commercial fixture unit, which fees are based upon the sewer connection fees in effect in 1985 . 1 . 2 Submission of Plans . Within one (1) calendar year from the Effective Date, Declarant shall prepare and submit to the City for review, a complete engineering design, including final plans and specifications for the construction and installation of all street, drainage, domestic water, sanitary sewer and other improvements (the "Improvements") necessary for connection of the existing septic system on the Property to the public sewer system at one of the locations identified on Exhibit "B" hereto ( "Plans" ) . Declarant' s Plans must be approved by the City Engineer and the appropriate state agencies . 1 . 3 Permits . Within ninety (90) days after City approval of the Plans, Declarant shall obtain all necessary permits required by the City and any other governmental entity in connection with the sewer connection work. Declarant shall pay the Connection Fees in full in accordance with Section 1 . 1 above at the time all necessary permits are issued. Declarant hereby agrees to keep all such permits current and effective . 1 .4 Time of the Essence . Time is of the essence of Declarant' s performance of all of its obligations under this Declaration. 2 . CONSTRUCTION OF SEWER IMPROVEMENTS . 2 . 1 Completion Date . Within three (3) calendar years from the Effective Date ( "Completion Date" ) , Declarant at its sole cost and expense, shall complete construction and installation of the Improvements, including (i) all work necessary to connect the septic systems on the Property to the public sewer system and (ii) proper abandonment of the existing septic systems on the Property. 487/014084-0005/3007925.6 a10/18/96 -2- 620'70 The construction of the Improvements and connection to the public sewer system shall performed in accordance with all laws, ordinances and regulations of the City and any other governmental entity. Declarant shall be deemed to have satisfied its obligations under this Declaration when final written approval of the Improvements and sewer connection work has been obtained from the City. 2 . 2 Sewer Connection Locations . Declarant must elect to connect to the public sewer system at either one of the locations depicted on Exhibit "B" attached hereto. 2 . 3 Continuous Work. After commencement of construction of the Improvements, Declarant shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 2 .4 Performance of Work. Declarant shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Declarant' s obligations under this Declaration. 2 . 5 Inspection by City. Declarant shall at all times control the Property, and provide safe access for inspection by City representatives to all part: of the Property. The inspection of the sewer connection work by City shall not relieve Declarant of any obligations to fulfill the terms of this Declaration. 2 . 6 Labor Standards . Declarant shall be responsible for causing all contractors and subcontractors performing any of the Improvements to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial relations of the State of California Department of Labor. 2 . 7 Nondiscrimination. Declarant agrees that no contractor or subcontractor performing any of the Improvements shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status . 2 . 8 Licensed Contractors . Declarant shall cause all of the Improvements to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3 . INSURANCE AND BONDING REQUIREMENTS . 3 . 1 Insurance . The Declarant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Declaration including any extension thereof, the following policies of insurance : 487/014084-0005/3007925.6 a10/18/96 -3- 62070 (a) Comprehensive_General Liability Insurance . A policy of comprehensive general liability insurance written on a per occurrence basis . The policy of insurance shall be written in an amount not less than either (i) a combined single limit of $500, 000 . 00 or (ii) bodily injury limits of $250, 000 . 00 per person, $500, 000 . 00 per occurrence and $500, 000 . 00 products and completed operations and property damage limits of $100, 000 . 00 per occurrence and $100, 000 . 00 in the aggregate . (b) Worker' s Compensation Insurance . Declarant shall cause every contractor and subcontractor performing any of the Improvements to carry a policy of worker' s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both Declarant and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Declarant in the course of carrying out the work or services contemplated in this Declaration. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds . The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers . All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, Declarant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 3 . 1 to the City. No work or services under this Declaration shall commence until the Declarant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Declarant agrees that the provisions of this Section 3 . 1 shall not be construed as limiting in any way the extent to which the Declarant may be held responsible for the payment of damages to any persons or property resulting from the Declarant' s activities or the activities of any person or persons for which Declarant is otherwise responsible . 3 . 2 Required Bonds As Security. On or before the date that Declarant' s Plans are approved in accordance with Section 1 . 2 below, Declarant shall furnish to City (i) a faithful performance bond in the form and in the amount approved by the City' s Director of Public Works, which bond shall guarantee completion of all the Improvements and connection of the existing septic system on the Property to the public sewer system ("Performance Bond") and (ii) a payment bond in the form and in the amount approved by the City' s Director of Public Works, which bond shall guarantee payment to all contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment with respect to the Improvements 487/014084-0005/3007925.6 a10/18/96 -4- 620,70 ( "Payment Bond" ) . The Performance Bond and Payment Bond shall be referred to herein collectively as the "Bonds . " 3 . 3 Sufficiencv of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Director of Administrative Services or designee of the City ( "Director of Administrative Services" ) due to unique circumstances . In the event the Director of Administrative Services determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, Declarant agrees that the minimum limits of the insurance policies and the performance bond required by this Section 3 may be changed accordingly upon receipt of written notice from the Director of Administrative Services; provided that Declarant shall have the right to appeal a determination of increased coverage by the Director of Administrative Services to the City Council of City within ten (10) days of receipt of notice from the Director of Administrative Services . 3 .4 General Requirements For Bonds . The Bonds shall contain the following terms : (a) The original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. (b) Payments under the Bonds shall be required to be made and litigation shall be required to be instituted and maintained in the County of Riverside, State of California. (c) Shall be unconditional and remain in force for a minimum term of one (1) year after the Completion Date. (d) Shall reference Declarant' s obligations under this Declaration, shall be irrevocable, and shall include as an additional secured obligation the responsibility to compensate City for all of City' s attorneys' fees and litigation expenses reasonably incurred in enforcing its rights under the Bonds . (e) Changes may be: made in the Improvements pursuant to the terms of this Declaration without notice to any issuer or surety and without affecting the obligations under the Bonds . 3 . 5 Cooperation by Declarant . While no action of Declarant shall be required in order for City to realize on its security under the Bonds, Declarant agrees to cooperate with City to facilitate City' s realization under the Bonds, and to take no action to prevent City from such realization under the Bonds . Notwithstanding the giving of any Bonds or the subsequent expiration of the Bonds or any failure by any surety or financial 487/014084-0005/3007925.6 a10/18/96 -5- 62070 institution to perform its obligations with respect thereto, Declarant shall be personally liable for performance under this Declarant and for payment of the cost of the labor and materials for the Improvements and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require. 3 . 6 Release of Security Instruments . City shall release the Bonds when all of the following have occurred: (a) Declarant has made written request for release of the Bonds and provided written evidence of satisfaction of all requirements under this Declaration; (b) the Improvements, including the sewer connection have been completed and approved by the City; and (c) subject to the: following sentences, after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title IS of Part IV of Division 3 of the California Civil Code. If lien claims have been filed, City shall hold the Payment Bond until such claims have been resolved, Declarant has provided a statutory bond, or otherwise as required by applicable law. 4 . ADDITIONAL REMEDIES . 4 . 1 Remedies Not Exclusive. In any case where this Declaration provides a specific remedy to City for a default by Declarant, such remedy shall be in addition to, and not exclusive of, City' s right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 4 . 2 Termination of Reduced Sewer Connection Fees . In the event Declarant fails to timely comply with each and every term of this Declaration, the Resolution pertaining to the Connection Fees shall become null and void and the sewer connection fees shall automatically increase to those in effect under existing City ordinances . Declarant shall be obligated to pay the difference between the Connection Fees (if already paid) and the increased sewer connection fees . 4 . 3 City Right to Per]=orm Work. In addition to whatever other rights or remedies it may have for Declarant' s default hereunder, in the event Declarant shall fail to timely perform any work required to be performed under this Declaration and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Declarant shall fail to diligently and continuously pursue the cure of any such default to completion, City in its sole discretion may elect to enter into the Property and perform any of the uncompleted Improvements by force account or contract or both and thereupon 487/014084-0005/3007925.6 a10/18/96 -6- recover from Declarant or any of the Bonds, or both, the full cost and expense thereby incurred by City. 4 . 4 City Lien Rights . In the event that City elects to exercise its rights under Section 4 . 3 above, Declarant shall reimburse the City for all costs and expenses related to the curing of said default . If the City is not reimbursed for such costs by the Declarant within thirty ('30) days after giving Declarant notice of obligation to reimburse City for the expenses incurred in curing Declarant' s default, the same shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of ten percent (100) per annum until paid. Any and all delinquent amounts, together with said interest, costs and reasonable attorneys fees shall be a personal obligation of the Declarant as well as a lien and charge, with power of sale, upon the Property. The City may bring an action at law against the Declarant to pay any such sums . The lien provided for in this Section may be recorded by the City as a Notice of Lien against the Property in the Office of the Riverside County Recorder, signed and acknowledged, which Notice of Lien shall contain a statement of the unpaid amount of costs and expenses . Such lien shall be for the use and benefit of the person filing the same. Any such lien may be enforced by the City by taking either or both of the following actions concurrently or separately (and by exercising either of the remedies set forth below shall not prejudice or waive its rights to exercise the remedy) : (i) bring an action at law against the defaulting party personally obligated to pay such lien or (ii) foreclose such lien in accordance with the provisions of Section 2924 of the California Civil Code applicable to the exercise of powers of sale or mortgages and deeds of trust, or any other manner permitted by California law. Upon the timely curing of any default for which such lien was recorded, the City shall record an appropriate release of such lien upon payment by Declarant of a reasonable fee to cover the costs of preparing and recording such release, together with the payment of such other costs, including, without limitation, reasonable attorneys fees, court costs, interest or other fees which have been incurred. 4 . 5 Termination. No breach of this Declaration shall entitle any party to cancel, rescind or otherwise terminate this Declaration, or excuse the performance of such party' s obligation hereunder; provided that, however, this limitation shall not affect in any manner any other rights or remedies which the parties may have by reason of such breach. 5 . COVENANTS TO RUN WITH T13E LAND. This Declaration is designed to create a covenant running with the Property. In exchange for granting Declarant' s hardship request for reduced sewer connection fees, the Declarant hereby agrees to hold, sell, and convey the Property subject to the covenants, conditions, restrictions and reservations of this Declaration. Declarant also grants to the City the right and power to enforce the covenants, conditions, restrictions and reservations 487/014084-0005/3007925.6 a10/18/96 —'7- 620'70 contained in this Declaration against the Declarant and all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns . 6 . MISCELLANEOUS . 6 . 1 Indemnity. Declarant agrees to indemnify, defend, and hold harmless City and City' s officers, advisory agencies, legislative body, representatives, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Declarant' s failure to perform construction and installation of the Improvements, including connection of the existing septic system on the Property to the public sewer system in accordance with the requirements contained in this Declaration. Said indemnity obligation shall also apply to any personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City or its officers, advisory agencies, legislative body, representatives, employees, or agents may be subjected, including without limitation, attorneys' fees and costs and the costs of realizing on any of the Bonds provided by Declarant pursuant to the terms hereof. 6 . 2 Term. The covenants, conditions and restrictions contained in this Declaration shall remain in effect until the Improvements and the sewer connection is completed. 6 . 3 No Third-Party Beneficiaries . This Declaration is intended to benefit only the parties hereto and their respective successors and assigns . Neither City nor Declarant intend to create any third-party beneficiary rights in this Declaration in any contractor, subcontractor, member of the general public, or other person or entity. 6 .4 Relationship Between City and Declarant . It is hereby acknowledged that the relationship between City and Declarant is not that of a partnership or joint venture . Neither Declarant nor any of the Declarant' s agents or contractors are or shall be considered to be agents of City in connection with the performance of Declarant' s obligations under this Declaration. 6 . 5 Modification. This Declaration may not be modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the parties hereto, their successors or assigns and duly recorded in the Office of the County Recorder, County of Riverside . 6 . 6 Governina Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. 6 . 7 Severability. The invalidity of or inability to enforce any provision of this Declaration with respect to a particular party or set of circumstances shall not in any ,way affect the validity and enforceability of any other provision hereof, or the 487/014084-0005/3007925.6 a10/18/96 -8- 62070 same provision when implied to another party or to a different set of circumstances . 6 . 8 Notices . Any notice to be given under this Declaration shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following address : City: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 Attn: City Clerk With Copy to : Rutan & Tucker 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92623-9990 Attn: David J. Aleshire, Esq. Declarant : Mr. Robert L. Austin 14735 Tacuba Drive La Mirada, California 90638 Mr. Ronald G. Boyer 140 Swanee Pass Road Portola Valley, California 94025 Ms . Joan F. Sommers 2087 Paseo Roseta Palm Springs, California 92262 With Copy to: Charles T. Schultz, Esq. Reid & Hellyer 3880 Lemon Street Riverside, California 92501-3301 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails . Any party may change address for notice by giving written notice of such change to the other party. 6 . 9 Attorneys' Fees . In any action between the parties seeking enforcement of any of the terms and provisions of this Declaration, the prevailing party in such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorneys' fees . 6 . 10 Counterparts . This Declaration may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document . 487/014084-0005/3007925.6 a10/18/96 -9- • 620'70 in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorneys' fees. 6. 10 Counterparts. This Declaration may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the 4Rdersigned have executed this Declaration as of the date firs r e t - n above. / �U"� ROBERT L. AUSTIN, trustee of the Austin Family Trust u/t/d July 2, 1982 GLORIA I. AUSTIN, trustee of the Austin Family Trust u/t/d July 2 , 1982 RONALD G. BOYER, trustee of the Boyer Family Trust u/t/d February 8, 1978 LORIENE M. BOYER, trustee of the Boyer Family Trust u/t/d February 8, 1978 JOAN F. SOMMERS, a single woman "Declarant" CITY OF PALM SPRINGS, a municipal corporation By: City Manager "City" 4871014084-O005/3007925.5 *09/25196 -1 0- 620'70 in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorneys' fees. 6. 10 Counterparts. This Declaration may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the date first written above. ROBERT L. AUSTIN, trustee of the Austin Family Trust u/t/d July 2 , 1982 GLORIA I. AUSTIN, trustee of the Austin Family Trust u/t/d July 2 , 1/982 RONALD G. BOYER, trustee of the Boyer Family Trust u/t/d February 8, 1978 LORIENE M. BOYER, -trustee of the Boyer Family Trust u/t/d February 8, 1978 JOAN F. SOMMERS, a single woman "Declarant" CITY OF PALM SPRINGS, a municipal corporation By: City Manager "city" 487/0140840005/3007925.5 &09M/96 -1 0- 62070 IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the date first written above . ROBERT L. AUSTIN, trustee of the Austin Family Trust u/t/d July 2, 1982 GLORIA I . AUSTIN, trustee of the Austin Family Trust u/t/d July 2 , 1982 RONALD G. BOYER, trustee of the Boyer Family Trust u/t/d February 8 , 1978 LORIENE M. BOYER, trustee of the Boyer Family Trust u/t/d February 8, 1978 ,- OPT F. SOMMER , a single woman �_.,�,/ "Declarant" CITY OF-PALM'-'SPRINGS, a municipal corporat�orn �C Cit Manager ATTEST: (( "City" City/ Clerk APPROVED SY CTTY�, ftse ("fi— APPROVED AS TO FORM: RUTAN & TUCKER —`-- City Att• _ ey 487/014084-0005/3007925 6 a10/18/96 —1 0— • � sz��o STATE OF CALIFORNIA ) ss. COUNTY OF Los Angeles ) On September 26 1996, before me, Norilynn L. Foreman Notary Public Personally appeared **Robert L. Austin and Gloria L. Austin** _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 signatures) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary P i ublic (SEAL) v C_�t'a^�..:;3:r�*��">.r.'.,:-�":r_•,,.�:W,er_n4?,r�sr+` NORII NIN L. OR1,14AN ,A COMM.;�(P 499G4 ;% •R �;'�'f „} Nc)ialy Public-colifornia IQ, N. I RCOUN'i"' ff roy Comm.Explmn APP 20,1997~ STATE OF CALIFORNIA ss. COUNTY OF 'Z4 e ) On IV Ali l lJ , 199 , before me, �! personally appeared =ZK ���° % _ personally known to me -(or-proved-to me--q_Wthe—bas-i-s__of satis£act:ory-eu�i-dances) to be the person,Ls� whose name ,)? is/`are'subscribed to the within instrument and acknowled ed to me that he/she they) executed the same in his/her he authorized ca acit ie�p ( ._s) , and that by his/here(" h�'' signature s ; on the instrument the person(C^y, or the entity upon behalf of which the persons)%acted, executed the instrument. WITNESS my hand and official seal. d/.." ,% I _ yr Notary Public (SEAL) ELAINE L.4VEDEMND a C .Notary PublicCalifomia RIVERSIDE COUNTY My Comm.Expiros FEB 3.1999 4871014084-0005/3007925.5 r,09/25/96 -1 2- 620'70 STATE OF CALIFORNIA ) ) ss. COUNTY OF -50JAIO, N>rZ0',) On a 1996, before me, ��� . Ba , �ll tid 7 , personally appeared c1acB b o �n� a>� �sb A°a-i _, personally known to me (or proved to me on the basis o 'satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. #C1057%69 ' PUBLI -CALIPORNIA� SANTA CLARA COUNTY 0 Notary Public Comm ExR Flury. 27 V909 - (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 1996 ,, before me, personally appeared _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) 487/014084-OM/3007925.5 a09/25/96 —12— 62070 STATE OF CALIFORNIA ) ) ss . COUNTY OF On cs ,may 1996, before me, r'Z�i ✓� personally appeared �o-ersfrna3y-]cnaw to me {op proved to me on thasis of satisfactory evidence)- to be the person (/) whose name (/) 3_s�are subscribed to the within instrument and acknowledged to Me that he�`jthey executed the . ame in hisT-h'gWtheir y{. authorized capacities, and that by hisier their signature) on the instrument the person) , or the entity upon behalf of which (the person ' acted, exec ted the instrument . WITNESS my hand and official seal . eELAINE L WEDEKIND COMM. Notary Public—Califomla ,,. Notary Publ ' RIVERSIDE COUNTY IIjjj /h,Comm Expires FEB 3,1999 STATE OF CALIFORNIA ) ss . COUNTY OF ) On , 1996, before me, personally appeared _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument . WITNESS my hand and official seal . Notary Public (SEAL) 487/014084-0005/3007925.6 a10/18/96 • 62070 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1 : THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN 13ERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 36 WHICH BEARS SOUTH 890 55 ' EAST, 814 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH 0° 06 ' 05" EAST, 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 55 ' EAST PARALLEL WITH SAID SOUTH LINE OF SECTION 36, 1504 . 59 FEET; THENCE NORTH 420 26' 40" WEST 365 . 50 FEET; THENCE NORTH 510 49' 40" WEST, 866 FEET; THENCE SOUTH 720 32 ' 40" WEST 645 FEET; THENCE SOUTH 30 35' 15" EAST, 610 .41 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION THEREOF CONVEYED TO IRENE GILROY AND ELMER W. ENDTER BY DEED RECORDED FEBRUARY 26, 1959 AS INSTRUMENT NO. 16203 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS; SAID LAND SO CONVEYED IS DESCRIBED IN SAID DEED AS FOLLOWS : ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER THAT BEARS SOUTH 890 55' EAST, 554 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 000 06' 05" EAST, 300 FEET; THENCE SOUTH 890 55' EAST AND PARALLEL TO SAID SOUTH LINE 569 . 39 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 55' EAST AND PARALLEL TO SAID SOUTH LINE 1200 FEET; THENCE NORTH 420 26' 40" WEST, 122 . 13 FEET; THENCE NORTH 890 55' WEST AND PARALLEL TO SAID SOUTH LINE 1117 . 45 FEET; THENCE SOUTH 000 25' WEST 90 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL CONVEYED TO IRENE GILROY, ET AL. ABOVE SET OUT; THENCE NORTH ALONG THE WESTERLY LINE OF SAID PARCEL, 90 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 1117 . 45 FEET PARALLEL TO THE SOUTH LINE; THENCE NORTH PARALLEL TO THE WEST LINE 18 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE 1117 . 45 FEET TO A POINT ON THE WEST LINE DISTANT 108 FEET FROM THE S SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH ALONG THE WEST LINE 18 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER THAT IS SOUTH 890 55' EAST, 554 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 000 06' 05" EAST, AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER, 300 FEET; THENCE SOUTH 890 55' EAST, AND PARALLEL TO SAID SOUTH LINE, 260 EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE 487/014084-0005/3007925.6 a10/18/96 62070 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 55' EAST, AND PARALLEL TO SAID SOUTH LINE, 69 . 75 FEET; THENCE NORTH 000 00' 30" WEST, 642 . 32 FEET; THENCE SOUTH 720 32 ' 40" WEST, 112 . 81 FEET; THENCE SOUTH 30 55' 15" EAST, 610 . 21 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS IN AND UNDER THE WEST HALF OF THE SOUTH OF THE SOUTH HALF OF SAID SECTION, WITH THE REGULAR PROVISION PROVIDING ENTRY FOR EXPLORATION AND DELIVERANCE, AS RESERVED IN DEED FROM CITIZENS NATIONAL TRUST AND SAVINGS BANKS OF RIVERSIDE, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE AND RECORDED DECEMBER 20, 1956 IN BOOK 2104, PAGE 445 , OF OFFICIAL RECORDS . PARCEL 2 : AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, INCLUDED WITHIN A STRIP OF LAND 40 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 36 WITH A LINE DRAWN PARALLEL WITH AND 20 FEET NORTHERLY AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SECTION; THENCE ALONG SAID PARALLEL LINE SOUTH 890 55' EAST, 562 .46 FEET TO THE BEGINNING AT A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 230 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 440 31' 55" , 178 . 77 FEET; THENCE NORTH 450 33 ' 05" EAST, 305 . 28 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE PROPERTY DESCRIBED IN PARCEL 1 ABOVE AT A POINT DISTANT THEREON SOUTH 890 55' EAST, 127 . 11 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 1 . EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE 487/014084-0005/3007925.6 a10/18/96 0 u ' H F+ zo ax � o N rn a o in HH Hz H W Potential connection point z to public sewer system u o a ,a GOLDEN SANDS MOBILE HONE PARK m H E HZW San Rafael Drive --golf course-- Potential connection point to w W a public sewer system H o F xU �n x j wwa { y . z E Joyce Ur1ve H IDwzao � 0H $ H U v S- Ix P a w E:7, � a I_ Y . ` DO*= 2000-1176se 03/30/2000 08:00A Fee:NC Page 1 of 7 Recorded in Official Records FREE RECORDING REQUESTED BY County of Riverside Gary L. Orso AND WHEN COMPLETED MAIL TO: Assessor, County Clerk d Recorder CITY OF PALM SPRINGS I IIIIII IIIIII IIIIII II III IIII IIIIII III IIIII III IIII 3200 East Tahqurtz Canyon Way Palm Springs, California 92262 M S N PgGE SRE OA PLOR NOCOR SMF MISC Attn: City Clerk I �I I W A R L COPY LONG REFUND NCHG EXAM AMENDMENT TO SEWER CONNECTION PROGRAM THIS AMENDMENT FOR COVENANTS, CONDITIONS AND RESTRICTIONS (the "Amendment") is entered into this _,A-'�" ay of March, 2000, by and between DEL MAR PROPERTIES III, LLC, a California limited liability company, and successor in interest to IB ROBERT L. AUSTIN and GLORIA I. AUSTIN, as trustees of the Austin Family Trust u/t/d July 2, 1982, as to an undivided interest; RONALD G. BOYER and LORIENE M. BOYER, as trustees of the Boyer Family Trust u/t/d February 8, 1978, as to an undivided interest in the property subject to this Amendment ("Declarant") and the CITY OF PALM SPRINGS, a municipal corporation ("City") and amends that certain Declaration of Covenants, Conditions and Restrictions (the "Declaration"), dated October 25, 1996 by and between City and Declarant's predecessors in interest, and recorded February 25, 1997 as Document No.C>(p,Afl7® The Declarant and the City are collectively referred to herein as the Parties. RECITALS A. Declarant owns that certain real property located in the City of Palm Springs, County of Riverside, State of California, cornnonly known as the Golden Sands Mobile Home Park, located at 1900 San Rafael Drive, Palm Springs, California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). B. On or about July 17, 1996, the City, by Resolution No. 18873, approved Declarant's hardship request for reduced sewer connection fees for the Property provided that plans be prepared, permits be obtained and that the work be performed within 3 years of the Completion Date (July 17, 1999). Thereafter, on the dates stated above, the Declaration was recorded setting forth the Parties' Agreement. C. The City, by Resolution No. 19540, dated June 16, 1999, extended the work completion deadline by 255 calendar days to February 28, 2000. D. The City, by Resolution No. 19706, dated December 15, 1999, extended the Completion Date by twenty-four (24) months in order for Burnett Companies or its Nominee ("Buyers") to investigate City regulations relating to mobile home park ownership before completing the work required by the Connection Program. 276/014084-0001 52972 03 mO3/01/00 Page 1 of 3 AMEND TO SEWER CONNECTION PROGRAM E. The Parties now desire to amend the Declaration and extend its term according to the provisions of Resolution No. 19706, as provided in Section 6.5 of the Declaration. 1. Completion Date. The Completion Date set forth in Section 2.1 shall be extended to February 28, 2002 (24 month extension). However, in the event that escrow between Declarant and Buyers is terminated prior to the end of the twenty-four (24) month Extended Tenn, constriction and installation of the Improvements to connect the Golden Sands Mobile Home Park to the City sewer shall be completed with 90 days following the termination of escrow. 2. Counterparts. This Amendment may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. 3. All Other Provisions Remain in Effect. Except as amended by this Amendment, all provisions of the Declaration, including without limitation the Indemnity and Insurance provisions, shall remain in fiull force and effect and shall govern the actions of the Parties under this Amendment. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first written above. "CITY" CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation By: Dallas Flieek Acting City Manager At City ClerkRV SY TH,1r:Cc c,0UiG4C l Approved as to Form: —I�=1-�-� - t�37�7 By: � � d�� _ CilyNAttorney [Signatures Continued on Next Page] 276/014084-0001 52972.03.03/01/00 Page 2 of 3 AMEND TO SEWER CONNECTION PROGRAM IIIIII IIIIII III II II I IIII III III II II IIIII II IIII /30 z000£08�00R "DECLARANT" DEL MAR PROPERTIES TII, LLC, a California limited liability company, and successor in interest to ROBERT L. AUSTIN and GLORLA,I. AUSTIN, as trustees of the Austin Family Trust u/t/d July 2, 1982, as to an undivided interest; RONALD G. BOYER and LORIENE M. BOYER, as trustees of the Boyer Family Trust u/t/d February 8, 1978, as to an undivided interest in the property subject to this Amendment Signature Name: Title: IV„ 6 [End of Signatures] 176/01,1084-0001 52972.03 m03/01/00 Page 3 of 3 AMEND TO SEWER CONNECTION PROGRAM III II I I 1111111111111111111111 11111111111111111111 Ro 31 206N 08 @OR • ' CALIFORNIA ALL-PURPOSOCKNOWILEDGMENT No.5907 State of CALIFORNIA t� County Of ORANGE )a On March 16 , 2000 before me, Linda M. Williams , Notary Public Fy DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC- personally appeared C. L. Burnett NAME(S)OF SIGNER(S) x❑ personally known to me - OR - ❑ (proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is6am s� subscribed to the within instrument and ac- knowledged to me that he/gLe .y executed the same in his/haxbtfaieir authorized capacity(ies), and that by his/fItgfjj3gif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rE L1PdDA M.wI=1S Comini-ion-119917" f NoforyPubric-California € WITNESS m hand and official seal. Orange County y M C^vlm.= _ / =v7 .cf.2,21k72 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL 0 CORPORATE OFFICER Amendment to Sewer Connection Program Manager TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 3 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: March 16 , 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE II II III III I II11111111111111111111111111111 0� ^©UI_ r o00 f,7q 00R ©1993 NATIONAL NOTARY ASSOCIATION• (3 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL—PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On ZAL before /,o 6. 144",Z DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared, personally known to me (or-prev64to-m.,e-cFn-tbe-basis-of-satisfactory-ev[dence)'to be the person(Ds) whose name so),istd�.subscribed to the within instrument and acknowledged to me that he/she/ they-executed the same in his/he0�_q�,r )authorizecl capacit&lisl and that by his/heohei() signatureCi0on the instrumentihe personffi)or the entity upon behalf of which the persorrC�) cted, executed the instrument. WITNESS my hand and official sea[. ELAINE L. WEDEKIND COMM.#1206984 NOTARY PUBLIC-CAUFORNIA0 RIVERSIDE COUNTY 0 (SEAL) NOTARY PUBLIC SIGNATURI[ OPTIONAL INFORMATION 14 14e �m TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT' NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE 20M_117638 R3/3iVPDOO��8 OL�A 1111111111111111111 IN 5 of � EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1 : THAT PORTION OF THE SOUTHWEST.' QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 36 WHICH BEARS SOUTH 890 55' EAST, 814: FEET FROM THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH 00 06' 0511 EAST, 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 55' EAST PARALLEL WITH SAID SOUTH LINE OF SECTION 36, 1504 . 59 FEET; THENCE NORTH 420 26' 40" WEST 365 . 50 FEET; THENCE NORTH 510 49' 40" WEST, 866 FEET; THENCE SOUTH 720 32' 40" WEST 645 FEET; THENCE SOUTH 30 35' 15" EAST, 610 .41 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION THEREOF CONVEYED TO IRENE GILROY AND ELMER W. ENDTER BY DEED RECORDED F:EBRUARY 26, 1959 AS INSTRUMENT NO. 16203 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS; SAID LAND SO CONVEYED IS DESCRIBED IN SAID DEED AS FOLLOWS : ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECT.'ION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER THAT BEARS SOUTH 890 55' EAST, 554 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 000 06' 135" EAST, 300 FEET; THENCE SOUTH 890 55' EAST AND PARALLEL TO SAID SOUTH LINE 569 . 39 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 55' EAST AND PARALLEL TO SAID SOUTH LINE 1200 FEET; THENCE NORTH 420 26' 40" WEST, 122 . 13 FEET; THENCE NORTH 890 55' WEST AND PARALLEL TO SAID SOUTH LINE 1117 . 45 FEET; THENCE SOUTH 000 25' WEST 90 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL CONVEYED TO IRENE GILROY, ET AL. ABOVE SET OUT; THENCE NORTH ALONG THE WESTERLY LINE OF SAID PARCEL, 90 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 1117 . 45 FEET PARALLEL TO THE SOUTH LINE; THENCE NORTH PARALLEL TO THE WEST LINE 18 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE 1117 .45 FEET TO A POINT ON THE WEST LINE DISTANT 108 FEET FROM THE S SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH ALONG THE WEST LINE 18 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER THAT IS SOUTH 890 55' EAST, 554 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 000 06, 05" EAST, AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER, 300 FEET; THENCE SOUTH 890 55, EAST, AND PARALLEL TO SAID SOUTH LINE, 260 EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE 487/014084-0005/3007925.6 a10/181% II N III I Hill I II 111111111111111 Hill lill II 'a,. Nr6 s LAM FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 55' EAST, AND PARALLEL TO SAID SOUTH LINE, 69 . 75 FEET; THENCE NORTH 000 00' 30" WEST, 642 . 32 FEET; THENCE SOUTH ;720 32' 40" WEST, 112 . 81 FEET; THENCE SOUTH 30 55' 15" EAST, 610,. 21 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS IN AND UNDER THE WEST HALF OF THE SOUTH OF THE SOUTH HALF OF SAID SECTION, WITH THE REGULAR PROVISION PROVIDING ENTRY FOR EXPLORATION AND DELIVERANCE, AS RESERVED IN DEED FROM CITIZENS NATIONAL TRUST AND SAVINGS BANKS OF RIVERSIDE,' A NATIONAL BANKING ASSOCIATION, AS TRUSTEE AND RECORDED DECEMBER 20, 1956 IN BOOK 2104 , PAGE 445, OF OFFICIAL RECORDS . PARCEL 2 : AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES- GOVERNMENT SURVEY THEREOF, INCLUDED WITHIN A STRIP OF LAND 40 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 36 WITH A LINE DRAWN PARALLEL WITH AND 20 FEET NORTHERLY AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SECTION; THENCE ALONG SAID PARALLEL LINE SOUTH 890 55 ' EAST, 562 . 46 FEET TO THE BEGINNING AT A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 230 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 440 31' 55" , 178 . 77 FEET;' THENCE NORTH 450 33 ' 05" EAST, 305 . 28 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE PROPERTY DESCRIBED IN PARCEL 1 ABOVE AT A POINT DISTANT THEREON SOUTH 890 55' EAST, 127 . 11 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 1 . IIIII(IIIII(IIIII IIII IIII(IIII IIIIIII III IIIII IIII IIII 1 L" 20. 200&Poc GOA of EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE 4871014084-M513007925.6 a10/18/96 of °AL,ti 7/ 1prings City of Palm u L Department of Administrative Services ,y Risk Management Division MEMORANDUM Date: February 28, 1997 To: Judy Sumich, City Clerk From: Nancy Jo McIntosh, Risk Manager Subject. Declaration of Covenants, Conditions and Restrictions for Sewer Connection Section 3.1 of the Agreement entered into by and between Robert L. Austin, et al., and the City of Palm Springs on September 30, 1996, called for insurance "during the entire term of this Declaration". The insurance will not be required until such time as the sewer connection work is begun. This work will be triggered by the issuance of the permit by our Building Department. Gary Bitterman will notify me immediately when Golden Sands Mobile Home Park applies for the permit, and I, in turn, will notify you that the Certificate of Insurance is due to be filed with your office. Please record the Declaration on this basis. If you need anything further from me, please let me know. Nancy Jo McIntosh Risk Manager cc: Gary Bitterman