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HomeMy WebLinkAboutA3775 - HARRIS KAUFMANN HOUSE TRUST R18865 'y 062094 RECEIVED FOR RECORD AT 8:00 O'CIACK FREE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Springs dada JV3 FEB 2 51997 3200 East Tahquitz Canyon ay Security Trust Company Palm Springs, CA 92262 Historic Prop Preservation Agrq,Rowd ieCo�°ryRecord,," Attn: City Clerk "Kaufmann House" - Trust #3475 Recorder AGREEMENT #3775 Res 18865, 7-17-96 Fees$ 0 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement') is made and entered into this 2-70A. day of December, 1996 (the "Effective Date"), by and between the CITY OF PALM SPRINGS, a municipal corporation("City"), and SECURITY TRUST COMPANY, AS TRUSTEE OF ITS TRUST NO. 3475 ("Owner"). RECITALS: A. California Government Code Sections 50280, et seq., authorize cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance. B. Owner possesses fee title in and to that certain historic dwelling, commonly known as the"Kaufmann House,"together with associated structures and improvements and real property, all generally located at the street address 470 West Vista Chino, Palm Springs, California 92262 (collectively, the "Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. On July 17, 1996(the "Approval Date"), the City Council of the City of Palm Springs ("Council")adopted Resolution No. 18865 thereby declaring and designating the Historic Property as an historic landmark pursuant to the terms and provisions of Chapter 8.05 of the Palm Springs Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Kaufmann House, in accordance with Government Code Sections 50280 through 50290, as amended from time to time, and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2. 1 62094 :AGREEMENT NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on the Effective Date, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date, such initial term will automatically be extended as provided in Section 2 below. 2. Non-Renewal and Cancellation. Neither City nor Owner may terminate this Agreement except in accordance with this Section 2. Termination shall be effected either by (a) an election not to renew the Agreement, in which case termination shall be effective upon the expiration of the remaining term of the Agreement, as specified in Section 2.1 below, or(b) cancellation of the Agreement,which shall effect an immediate termination of the Agreement upon the happening of all events specified in Sections 2.2 and 5. 2.1 Each year on the anniversary of the Effective Date (hereinafter referred to as the "Renewal Date"), an additional one (1) year shall automatically be added to the term of this Agreement unless written notice of non-renewal is served by the non-renewing party at least ninety (90) days prior to the next upcoming annual Renewal Date. City may elect not to renew this Agreement only for the reasons and in accordance with the notice and hearing procedure set forth in Section 5 below. Owner may make a written protest of City's notice of non-renewal in accordance with Section 5 below. The party giving notice of non-renewal may, at any time prior to the annual Renewal Date of the Agreement, withdraw:its notice of non-renewal by giving a notice of revocation to the other party. If Owner serves timely notice to City of non-renewal in any year, or the Council votes not to renew the Agreement in accordance with Section 5 below after timely service of notice by City, the Agreement shall remain in effect for the balance of the term then remaining at the time the notice of non-renewal was given. 2.2 City may cancel this Agreement at any time only for the reasons and in accordance with the notice and hearing procedure set forth in Section 5 below. Owner may make a written protest of City's notice of cancelllation in accordance with Section 5 below. City may, at any time prior to termination of the Agreement,withdraw its notice of cancellation by giving a notice of revocation to Owner. 3. Maintenance Standards for Historic Properrv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: 3.1 Owner shall restore and rehabilitate, and thereafter preserve and maintain, the Kaufmann House, as necessary to retain the historical significance of the Historic Property, in substantial conformance with the architectural plans and drawings attached hereto as Exhibit "B" (the 'Plans"). Owner and City agree and acknowledge that City has reviewed and approved the Plans, 2 62094 and that the Plans formed the basis both for the Council's approval of the Historic Property as an historic landmark and for the Council's decision to cause City to enter into this Agreement. Owner and City further agree and acknowledge that the Plans, as of the Approval Date, comply with the standards for a qualified historic property within the meaning of Government Code Section 50284, as this section is applied, and will hereafter be applied,to the Historic Property. Owner may hereafter modify the Plans, or alter or remove any structures, improvements or features from the Plans, and from the Historic Property(other than the Kaufmann House), after the Completion Date (as defined below), only so long as any such modifications, alterations and/or removal do not materially and adversely affect the historical significance of the Historic Property as determined in Owner's reasonable discretion; provided, however, that Owner may perform routine maintenance and repair of the Kaufmann House, but may not materially alter the Kaufmann House without the prior approval of City which approval shall not be unreasonably withheld or delayed. Before performing any work requiring the approval of City, Owner shall give at least sixty (60) days' written notice to City, describing the work to be done; if City shall not have acted within sixty (60) days thereafter to disapprove the work, or to approve the work subject to specified conditions, the work shall be deemed approved as submitted. In all events, City's Director of Planning and Building shall be notified of all changes to the Historic Property and/or the Plans which Owner reasonably determines to be significant, prior to implementation of the changes. Notwithstanding anything herein to the contrary, Owner shall not be required to perform any restoration or rehabilitation to the Historic Property except as specified in the Plans as of the Approval Date. Upon completion of the rehabilitation in accordance with the Plans, no further restoration or rehabilitation shall be required, and Owner shall only be required to maintain the Historical Property in accordance with the Plans as of the Approval Date, without regard to any subsequent changes in law or regulations. 3.2 Owner shall complete the restoration and rehabilitation of the Historic Property on or before December 31, 1997, as extended by City's Director of Building and Planning upon Owner's request (the "Completion Date"). After the Completion Date; Owner shall preserve and maintain the Historic Property, in conformance with the Plans (as specified in Section 3.1 above), the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation("HPD"), the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, all as in effect as of the Approval Date. Notwithstanding the foregoing, if a new or amended state or federal law or regulation is enacted after the Approval Date, and such law or regulation specifies that it shall apply to properties (i) on which rehabilitation work has been completed and (ii) which are subject to a contract under the Mills Act (Government Code Sections 50280 through 50290), then City may impose such new law or regulation to the extent required. 3.3 Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the interior and exterior ofthe Historic Property by City, County Assessor, and the State Board of Equalization, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 3 0 '* 62094 3.4 Owner shall landscape the Historic Property so as to permit a view corridor near the entrance to the Kaufmann House, enabling the general public to see the entry to the Kaufmann House from the portion of West Vista Chino adjacent to the Historic Property, and an historical marker briefly documenting the site for public view shall be placed adjacent to the public right-of-way near the entry within one (1) year after the Completion Date. Such marker shall be in City's standard form used for historical properties as of the Effective Date (as to size, material, text, exact location and method of installation), subject to Owner's approval, and shall be constructed at Owner's sole cost and expense(provided, however, that if the total cost and expense of creating and installing the marker shall exceed $500, the excess shall be home solely by City), and maintained at Owner's sole cost and expense. City acknowledges and agrees that Owner is maintaining the Historic Property as a private residence, and the marker and view corridor shall be situated and lirnited so as to minimize public intrusion and afford Owner all reasonable expectations of privacy. 3.5 Owner shall take reasonable steps to obtain and keep in force during the term of this Agreement a policy or policies of insurance (or a reasonable substitute therefor) covering damage to the Kaufmann House against all perils included within the classification of fire, extended coverage,vandalism, malicious mischief and other generally covered perils, but excluding earthquake, flood and other matters either not generally available within the Palm Springs area, or not generally offered in such a policy without requiring an additional premium. Notwithstanding anything to the contrary herein, Owner shall not be required to pay insurance premiums in an aggregate amount exceeding$2,500.00 a year(in 1997 dollars)for the Kaufmann House. Failure to maintain insurance or a reasonable substitute therefor shall be grounds for termination of this Agreement pursuant to Section 5(a) below. 4. Provision of Information. Owner hereby agrees to furnish City with all reasonable information requested by City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Non-Renewal and Cancellation. (a) City may elect not to renew this Agreement in its reasonable discretion consistent with applicable law, including without limitation that Owner has failed to comply with its obligations hereunder. (b) City, following a duly noticed public hearing before the Council, may elect to cancel this Agreement only if the Council finds and determines that (i) Owner, through its own willful or negligent acts, and subject to Section 16 below, has failed to restore or rehabilitate the Historic Property in accordance with the Plans on or before the Completion Date, or (ii) Owner, through its own willful or negligent acts, and subject to Section 16 below, has allowed the Historic Property to deteriorate beyond the point that it no longer meets the standards for a qualified historic property, and the deterioration is serious and irreversible. 4 C2094 (c) Notwithstanding anything to the contrary herein, the Historic Property shall be deemed to meet the standards for a qualified historic property if it is in compliance with the Plans and it is maintained in accordance with Section 3.2. (d) If City determines to cancel or not to renew this Agreement as specified above, it shall provide Owner with written notice of its intent to cancel or not renew, and such notice must specify in detail the reasons for the cancellation and/or non-renewal and the steps which Owner must take to cure any such problems (unless such reasons are not susceptible of cure). If City determines in its reasonable discretion that Owner has not cured such problems within ninety(90) days of such notice (or if curing such problems will reasonably take longer than ninety(90) days and Owner has not commenced diligent efforts to cure such problems within ninety(90) days), then City shall (i)with respect to a decision to cancel, notice and hold a second public hearing before the Council to determine whether to cancel this Agreement, or (ii) with respect to a decision not to renew, provide Owner with written notice of its final decision not to renew this Agreement. Notice of all hearings under this Agreement shall be given to Owner directly pursuant to Section 10 below and published in accordance with Government Code Section 6061. (e) If City cancels (but not if City elects not to renew) this Agreement in accordance with this Section 5, Owner shall pay a cancellation fee of twelve and one-half percent (12- 1/2%) of the full value of the Historic Property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the State Controller at such time and in such manner as the Controller shall prescribe and shall be deposited in the State General Fund. As an alternative to cancellation of this Agreement for breach of any condition, City may (without limiting Owner's right to elect not to renew this Agreement), but is not obligated to, bring any action in court necessary to enforce the Agreement including, but not limited to, an action for specific performance or injunction. 6. No Compensation. Owner shall not receive any payment from City in consideration of the obligations 'unposed under this Agreement(other than costs in excess of$500 for the historical marker). Owner and City acknowledge and agree that the primary consideration to City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Historic Property, and the primary consideration to Owner is the economic advantage that will accrue to Owner as a result of the effect, upon the assessed value of the Historic Property, of the restrictions on the use and preservation of the Historic Property imposed hereunder. 7. Condemnation. Upon the filing of an action in eminent domain by a public entity for the taking of all or any portion of any interest in the Historic Property, and a determination by City that such action will frustrate the purpose of this Agreement, then in such event this Agreement shall be canceled as to those portions of the Historic Property that are affected by the condemnation action (such that the value shall be appraised for condemnation purposes as unencumbered by the historic property restrictions set forth herein), and no fee shall be imposed on Owner for cancellation in 5 62094 accordance with Government Code Section 50286. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency as to all or a portion of the Historic Property, the restrictions on the use of the Historic Property included in this Agreement shall be automatically reinstated, the Historic Property shall be deemed, retroactive to the date of such abandonment, to have been subject to this Agreement, and the terms of this Agreement shall be in full force and effect. 8. Destruction. Upon any damage to or destruction of the Kaufmann House, Owner and City shall proceed in accordance with this Section 8. In the event there is any damage to or destruction of the Historic Property other than the Kaufmann House, this Agreement shall not be deemed to require Owner to rebuild, repair or restore the damaged portion, and Owner shall not be held in default under this Agreement for its failure to do so, provided, however, that this provision does not relieve Owner of any obligation to repair or otherwise take action with respect to the Historic Property to the extent required to do so by applicable state and federal laws and regulations, if any, other than historical preservation laws. (a) Minor Insured Damage In the event the Kaufmann House or any portion thereof is damaged by any casualty that is covered by the insurance maintained by Owner, then Owner shall rebuild, repair and restore the damaged portion thereof, provided that (i) the amount of insurance proceeds available to Owner equals or exceeds the cost of such rebuilding, restoration and repair, and the total cost of repair is less than $250,000 (in the opinion of a licensed architect, engineer or other qualified person selected by Owner and approved by City in its reasonable discretion), (ii) such rebuilding, restoration and repair can be completed within nine (9) months after the work commences, in the opinion of a registered architect or engineer or other qualified person selected by Owner and approved by City in its reasonable discretion, (iii) City has not acted to cancel or not to renew this Agreement on or before the date of commencement, and (iv) such rebuilding, restoration or repair is then permitted to be done under governmental laws, rules and regulations in existence as of the Approval Date in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction. To the extent that insurance proceeds must be applied to reduce any indebtedness secured by a mortgage or deed of trust encumbering the Historic Property or any portion thereof, such proceeds, for the purposes of this subsection, shall be deemed not available to Owner unless such beneficiary permits Owner to use such proceeds for the rebuilding, restoration and repair of the damaged portion thereof. If Owner is required under this Section to rebuild, restore or repair the Kaufinann House, such work shall cormnence not later than one (1) year after receipt of the applicable insurance proceeds, and Owner shall thereafter diligently proceed to complete such work within eighteen (18) months after commencement; provided, however, that so long as Owner shall be diligently proceeding toward completion of the work, such commencement and completion dates shall be extended by City's Director of Building and Planning upon Owner's request. (b) Major or Uninsured Damage. In the event the Kaufmann House or any portion thereof is damaged or destroyed by any casualty to the extent that Owner is not obligated, under subsection(a) above, to rebuild, repair or restore the damaged portion thereof, then within sixty(60) 6 62094 days after either (i) a final determination that damage is not an insured claim (or one (1) year after the date of damage, whichever comes first), or(ii) Owner's receipt of insurance premiums sufficient to rebuild (as determined under subsection (a) above), Owner shall notify City of its election, at its option, either to(1)rebuild, restore and repair the damaged portions thereof, in which case Owner's notice shall specify the time period within which Owner estimates such repairs or restoration can be completed; or (2) terminate this Agreement effective as of the date the damage or destruction occurred. If Owner elects to rebuild, restore or repair the Kaufinann House under this Section, such work shall commence not later than one (1) year after receipt of the applicable insurance proceeds (or determination that the damage is not an insured claim), and Owner shall thereafter diligently proceed to complete such work within eighteen (18) months after commencement; provided, however, that so long as Owner shall be diligently proceeding toward completion of the work, such commencement and completion dates shall be extended by City's Director of Building and Planning upon Owner's request. (c) Termination. If Owner elects to terminate this Agreement as provided in Section 8(b), no cancellation fee shall be required. Upon Owner's election to terminate, the Historic Property shall be reassessed retroactively, as of the damage or destruction date(s) (but taking into account such damage or destruction), in accordance with applicable property tax laws, as if the Historic Property was not subject to this Agreement following such damage or destruction date(s). 9. Binding Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, reservations, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner's legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 10. Unenforceability. In the event a court of competent jurisdiction finds that this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the Govermnent Code and the Revenue and Taxation Code, except for an unenforceability arising from the cancellation or non-renewal of this Agreement, for any tax year during the original tern or any renewal of this Agreement, then this Agreement shall be null and void 7 62094 and without further effect, and the Historic Property shall from such time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to the Agreement. 11, Notice. Any notice required to be given by the terms of this Agreement shall be provided in writing and shall be mailed by certified mail, return receipt requested or delivered by a recognized delivery or overnight courier service to the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto by written notice given in accordance with this Section 11. Deposit of notice in the mail, certified, return receipt requested and postage prepaid, or receipt of delivery as specified above, shall be deemed receipt of the notice. To City: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attn: City Manager with a copy to: Rutan& Tucker 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: David Aleshire, Esq. To Owner: Security Trust Company, Trust No.3475 925 "B" Street, Fifth Floor San Diego, California 92101 Attn: Mr. Carl Weidner, Trust Administrator With a copy to: Croudace &Dietrich 5 Park Plaza, Suite 1050 Irvine, California 92614-8528 Attn: Mark A. Nitikman, Esq, 12. General Provisions. 12.1 None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and/or any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 12.2 Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of Owner's contractor, subcontractor, agent, employee or other person acting on Owner's behalf which relates to the use, operation, and maintenance of the Historic Property. City agrees to and shall hold Owner and Owner's officers, principals, agents, contractors, employees, 8 '• G2094 heirs, successors and assigns harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the activities on the Historic Property of City or those of City's contractor, subcontractor, agent, employee or other person acting on City's behalf which relates to City's activities on the Historic Property. 12.3 All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 12.4 In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 12.5 Subject to Section 10 above, in the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. 12.6 This Agreement shall be construed and governed in accordance with the laws of the State of California. 12.7 City shall cooperate with Owner to the extent necessary in providing the County Assessor's Office with confirmation of and information regarding this Agreement in connection with the qualification of the Historic Property for the initial assessment and any subsequent assessments of valuation, of the Historic Property encumbered with restricted historical property status in accordance with the California Revenue and Taxation Code. 12.8 This Agreement may be signed in one or more counterparts, each such counterpart shall be considered as part of and the same document as all other related counterparts. 12.9 This Agreement has been agreed to by the parties only after negotiations between City and Owner, both of which were represented by counsel. Accordingly, this Agreement shall not be construed as if it had been prepared only by City or Owner, but rather as if both City and Owner had prepared the same. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. 9 62094 14. Notification of Contract. Owner shall provide written notice of the existence of this Agreement to HPD within six (6) months after execution of this Agreement. 15. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 16. Force MWeure. If the performance by Owner of any provision of this Agreement is delayed or prevented by any act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, and any other cause not within the control of Owner, then the period for Owner's performance; of the provision shall be automatically extended for the same time Owner is so delayed or hindered. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF PALM SPRINGS, a m corpora i ;k�t- Dated: ��/�j�� j By: APPROVED AS TO FORM: t �UCRK City Attorne§ ° SECURITY TRUST COMPANY, AS TRUSTEE OF ITS TRUST NO. 3475, �"�� r /� Dated: ✓'r_'re���,7r,;�:;v`L�'%` �eei�:. B o� �!='-��?2_� Carl Weidner, Trustee, Security Trust Company 10 62094 /a STATE OF C- c? i� LiZtCr )SS. COUNTY OF ,`L4-'L l- Onthis //rT"�" day of /%zc �:zcZ l7ebefore me the undersigned, a Notary Public in and for aid State, personally appe ed` 9 EI e ' tz r tf, , z _G personally known to me arproved to-me-orrthe-basis-of satisfactory-evide -eto b the person(p)whose nameais�Ub ribed to the within instrument and acknowledged tome that he/sh�executed the salve in his/he h ir)authorized capacity? and that by his/hefQ%WPsignatures&on the instrument the perso"10, or the entity upon behalf of which the person(oacted, executed the instrulent. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public ifi and for said State ELAin!E L,IVEDEIoND a k COMM.."+104II857 Notary Public—California v RIVERSIDE COUNTY MY Comm.Expires FEB 3,11999 STATEOF California ) COUNTY OF San Diego )SS.) On this 27th day of December 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Carl Weidner personally known to me ar prou d to-rne on basis.o£satisfaciez esidenc�to be the person(s)whose name(s)is/.are subscribed to the within instnunent and acknowledged to me that he%he/they executed the same in his/hexliheir authorized capacity(ies), and that by kvs/het4heir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ME� L- V'N BRAV 3�otary Public in d for State C COMM.#11o2oa1gg .� NOT'ARYPUOLIGGALIFORNIA My Comm ssision Exnv se 0) MARCH 2O,1998 62094 EXHIBIT "A" LEGAL DESCRIPTION THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,COUNTY OF RIVERSIDE,CITY OF PALM SPRINGS AND IS DESCRIBED AS FOLLOWS: LOTS 1 AND 2 OF CHINO CANYON MESA TRACT NO. 3, AS SHOWN BY MAP ON FILE IN BOOK 20 PAGE 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE SOUTHERLY 15 FEET THEREOF; AND LOTS 10, 11 AND 12 AND THE SOUTHERLY 15 FEET OF LOTS 1 AND 2 OF CHINO CANYON MESA TRACT NO. 3, AS SHOWN ON A MAP ON FILE IN BOOK 20, PAGE 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF CHINO CANYON MESA TRACT NO. 3, AS SHOWN BY MAP ON FILE IN BOOK 20 PAGE 24 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 0 DEGREES 03' 08" WEST, (FORMERLY RECORDED NORTH 0 DEGREES 02' 00" WEST, AS SHOWN BY MAP ON FILE IN BOOK 20 PAGE 54 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA) ALONG THE WEST LINE OF CHINO CANYON MESA TRACT, A DISTANCE OF 180.00 FEET TO THE NORTHWEST CORNER OF LOT 12 OF SAID TRACT; THENCE SOUTH 89 DEGREES 53' 00" WEST, PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 114.90 FEET; THENCE SOUTH 0 DEGREES 03' 08" WEST, PARALLEL TO THE WEST LINE OF SAID TRACT, A DISTANCE OF 180.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 89 DEGREES 53' 00" EAST, ALONG SAID SOUTHERLY LINE OF SECTION 3, 114.90 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NOS.: 504-292-012-7 504-292-015-0 504-292-016-1 504-292-017-2 504-292-018-3 F:\USERS\MAMMAMHARRIS\PS-HIST\LEGAL.O I A (. 62094 lEXIMIT «B„ PLANS AND SPECIFICATIONS KAUFMANN HOUSE RESTORATION 470 West Vista Chino Palm Springs, California 92262 1.0 Plans --Main House 1 Architectural Drawings, dated September 15, 1995 A0.1 Title sheet A0.2 Energy Notes A0.3 Existing Ground Floor Plan A0.4 Existing Reflected Ceiling Plan/Electrical/Mechanical A0.5 Existing Gloriette/RoofPlan A0.6 Existing Exterior Elevations A0.7 Existing Exterior Elevations A0.8 Existing Laundry/Pool House A0.9 Door and Window Schedule Cl.l A.L.T.A. Survey C1.2 A.L.T.A. Survey - Aerial Survey C1.3 Site Survey-Main Property CIA Site Survey-West Lot (Vacant) C1.5 Site Survey -North Lots#1 & 92 C1.6 Existing Roof Survey A1.1 Site Demolition Plan A1.2 Gloriette/RoofDernolitionPlan Al. Ground Floor Demolition Plan A2.1 Site Plan A2.2 Gloriette/RoofPlan A2.3 Ground Floor Plan A3.1 Exterior Elevations A3.2 Exterior Elevations, A6.1 Interior Elevations A6.2 Interior Elevations A6.3 Interior Elevations A6.4 Interior Elevations A6.5 Interior Elevations A6.6 Interior Elevations F:\USERS\MAN\MAN\HARRIS\RS-HIST\EXH I B fr.B 0 00 62094 A6.7 Interior Elevations A7.1 Reflected Ceiling Plan A9.1 Details A9.2 Details A9.3 Details A9.4 Details A9.5 Details A9.6 Details A9.7 Details .2 Mechanical Drawings, dated July 27, 1994, delta 6 M-1 Mechanical Legend, Notes, Schedules A/1-2 Mechanical Floor Plan .3 Plumbing Drawings, dated July 27, 1994, delta 2 (2/24/95) P-1 Plumbing Site Plan, Legend and Abbreviations P-2 Plumbing Floor Plan&Details P-3 Plumbing Isometrics .4 Electrical Drawings, dated September 30, 1994, delta 1 (3/15/95) E-1 Symbols, One Line Diagram&Loan Calculations DE-2 Lighting and Power Demolition Floor Plan E-3 Lighting and Power Floor Plan E-4 Gloriette Electrical Floor Plan .5 Security Drawings, dated September 15, 1995, delta 3 (5/20/96) SEC-1 Site- Security Plan SEC-2 Ground Floor (Main House) - Security Plan FAUSERS\MAN\MAN\HARRIS\PS-HISi\EXHI 9F.B Personal Homeowner Policy Declarations Summary Listed below is basic information about your policy. ON O8/09/96, AT 12.01 A.M. STANDARD TIME AT THE RESIDENCE PREMISES YOUR POLICY c CONTINUES TO 08/09/97. INFLATION PROTECTION HAS INCREASED COVERAGES ON YOUR POLICY. **THIS POLICY DOES NOT INCLUDE EARTHQUAKE COVERAGE** c SECONDARY RESIDENCE This Policy Has Been Issued by FIREMAN'S FUND INSURANCE COMPANY (One of the Fireman's Fund Insurance Companies) Policy Number Policy Period---- c NZD 118 72 79 08-09-96 to 08-09-97 Named Insured Your Agent Is BRENT R. HARRIS NHC INSURANCE SERVICES, INC. ELIZABETH E. HARRIS, HW/JT 3848 CARSON STREET #100 416 MONTEREY BLVD. TORRANCE CA 90503 HERMOSA BEACH CA 90254 (310) 540-5332 Homeowner Policy Covering Premises and Contents at Premium REFER TO PAGE 2 OF THE DEC'_ARoTIONS FOR A DESCRIPTION OF THE COVERED PROPERTY $ 3,501 .00 TOTAL PREMIUM S 3,501 .00 YOUR TOTAL PREMIUM REFLECTS THE !FOLLOWING CREDIT(S). HIGHER OPTIONAL DEDUCTIBLE $ 250 ALARM OR SPRINKLER SYSTEM S 642 335526 8-92 Page 1 of 3 Insured Copy 0 • Personal Homeowner Policy Declarations Policy Number Effective Date Company NZD 118 72 79 08-09-96 FIREMAN'S FUND INSURANCE COMPANY Named Insured Your Agent Is BRENT R. HARRIS NHC INSURANCE SERVICES, INC. ELIZABETH E. HARRIS, HW/JT 3848 CARSON STREET i100 416 MONTEREY BLVD. TORRANCE CA 90503 HERMOSA BEACH CA 90254 (310) 540-5332 Other Interest(s) First Mortgagee Second Mortgagee BOSTON SAFE DEPOSIT & TRUST CO ITS SUCCESSORS AND/OR ASSIGNS ONE BOSTON PLACE BOSTON MA 02106 Loan Number Loan Number 41386 Forms and Endorsements Applicable to this Policy Endt. No Edition Date Title Premium 5189 12-92 Prestige Plus Homeowners Included H00104 01-93 Special Provisions - CA Included H00401 06-93 Amendatory Endorsement Included H00496 04-91 No Coverage For Home Day Care Included H00416 04-91 Premises Alarm Or Fire Protection Included 125376 12-92 Cov A - Extended Replacement Cost Included 438BFUNS 05-42 Lenders Loss Payable Endorsement Included H00448 04-91 Other Structures $ 70.00 H02490 01-93 Worker's Compensation Included ignatures One of the Fireman's Fund Insurance Companies, Date of Issue as named in the policy 06-10-96 Countersignature of President's Signature Authorized Agent or Broker Page 3 of 3 335523 I0-89 Insured Copy ACORD EVIDENCEOF PROPERTY INSUROCE CSR NC DATE(MMIDD/YY) 01/08/02 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE,AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER 310-540-53321 COMPANY - INC.N4 Exl ' NBC Insurance Services Inc FIREMAN'S FUND INSURANCE CO. :' 3848 Carson Street #100 Torrance CA 90503 Nancy Hal ren Collin e CODE: SUB CODE. CUSTOMERID#: HARRBRSn �-' INSURED LOAN NUMBER POLICYNUMBER Brent R. Harris & Elizabeth E. 41386 NZI1187279 Harris, Husband and Wife as EFFECTIVE DATE EXPIRATION DATE NTI HUED UNTIL Joint Tenants, With right of 08/09/01 08/09/02 X TE CORMINATED IF CHECKED Survivalship THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION 001 470 West Vista Chino Palm Springs CA 92262 COVERAGE INFORMATION COVERAGEIPERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE FORM: PRESTIGE PLUS HOMEOWNERS DWELLING 4222000 1000 OTHER STRUCTURES 844400 PERSONAL PROPERTY 2955400 PERSONAL LIABILITY 300000 MEDICAL PAYMENTS 10000 EARTHQUAKE COVERAGE INCLUDED GUARANTEED REPLACEMENT COST INCLUDED REMARKS(Including Special Conditions) FIRST LOSS PAYEE TO READ AS FOLLOWS: BOSTON SAFE DEPOSIT:• AND TRUST COMPANY, - ITS SUCCESSORS AND/OR ASSIGNS ONE BOSTON PLACE, BOSTON, MA 02106 SECOND LOSS PAYEE TO READ AS FOLLOWS: GARRY C. KIEF, TRUSSTEE C/O SHEADLE & GARRETT 1151 DOVE STREET, SUITE 208, NEWPORT BEACH, CA 92660 CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS,FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD.SHOULD THE POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW, ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE X CITY OF PLAM SPRINGS LOAN# PATRICIA SANDERS 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 AUTHONREPRESENTATIVE NanC� �. � �gren of nge ACORD 27(3/93) ©ACOJ CORPORATION 1993