HomeMy WebLinkAbout03601 - ALBERTSONS SUNRISE VISTA CHINO SETBACK / 115 vl�1 RECEIVED FOR RECORD
AT 8:00 O'CLOCK
RECORDING REQUESTED BY AND APR -71997
WHEN RECORDED RETURN TO:
City of Palm Springs. necwded n otrdm Ra' ,
P.O. Box 2743 W Rivwvde Counts.C 4..a
Palm Springs,CA 92643 Hacordar
Attention:City Clerk
Facts f
_ (Space above line for -
'' Recorder's use only) I�
06AOCSR.DOC 11 hw #06AO - Snnricr. k Victa Chinn /
03/27/96 10:19 AM Palm Sp PS Ctr - Albertsons - City
Sideyard Setback restrictioi
AGREEMENT #3601A
SIDEYARD SETBACK RESTRICTION AGREEN CM Signed, 4-12-96 relate(
THIS SIDEYARD SETBACK RESTRICTION AGREEMENT ("Agreement") is made „ \
this IZ day of AplzkL 1996, by and among P.S. CENTER, LTD., a
California Limited Partnership ("P.S. Center"), ALBERTSON'S, INC., a Delaware
corporation ("Albertson's"), and the CITY OF PALM SPRINGS, a municipal corporation
("City").
WHEREAS, P.S. Center is the owner of the real property situated in the County of
Riverside, California shown as Parcell7 on Exhibit "A" attached hereto and incorporated
herein by this reference and more particularly described as Parcel 7 of Parcel Map No. 27975
as recorded in Map Book 186, Pages 48 to 49, inclusive, of the Official Records of Riverside
County, California ("P.S. Center's Property"); and
WHEREAS, Albertson's is the owner of the real property situated in the County of
Riverside, California adjacent to P.S. Center's Property shown as Parcel 8 on Exhibit "A" and
more particularly described as Parcel 8 of Parcel Map No. 27975 as recorded in Map Book
186, Pages 48 to 49, inclusive, of the Official Records of Riverside County, California
("Albertson's Property"); and
WHEREAS, P.S. Center and Albertson's intend to establish a common plan of setback
restrictions designed to benefit P.S. Center's Property and Albertson's Property by creating a
fifty(50) foot setback area between any building constructed on the P.S. Center Property and
any building constructed to the east of the building on P.S. Center's Property on the
Albertson's Property in which no buildings or structures may be erected or placed;
WHEREAS, the above-referenced setback restriction is required to comply with the
requirements of the Palm Springs Municipal Code and is a condition to approval of the
development of the P.S. Center Property and the Albertson's Property (the "City Approval")
NOW, THEREFORE, based upon the foregoing and in consideration of the promises,
covenants, agreements and undertakings contained in this Agreement, and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
parties agree as follows:
333139
RECEIVED FOR RECORD
AT8:000'CLOCK
First in Title Insurauce, Gornl,any /�
Recording Requested by and OCT
- 6 1995
When Recorded Return to:
nemrded m 016h+4 flenmds
of n ve sdo County,Cw'fo'M'
Recorrdder
„ul":'E7T I':1LC7 Ss'%i;)lJ�l, Fees �,1
DDO NU TWRITE AB VE I HIS LINE
FOR RECORDER'S USE ONLY
6AOCDR.DOC #06AO - Sunrise & Vista Chino i ;3
09/11/95 4:27 Ptvt Palm Springs, CA
PS Ctr Ltd-Albertsons-City
Shop Ctr NW Corner V/Chino &
DECLARATION OF RESTRICTIONS Sunrise, CCRs & Cross Esmnts
AGREEVIENT # 3601 (PD227)
AND CM Signed, 9-29-95
GRANT OF EA
Table of Contents
Article Subject Page
ARTICLE I: PREIJAUNARY 1
1.1 Definitions 1
1.2 Parties 4
1.3 Purpose 4
ARTICLE II: BUILDING AND COMMON AREA DEVELOPMENT 4
2.1 Building Location 4
2.2 Common Area 6
2.3 Type and Design of Building 7
2.4 Construction Requirements 10
2.5 Casualty and Condemnation 11
2.6 Indemnification 12
ARTICLE III: EASEMENTS 12
3.1 Ingress, Egress and Parking 12
3.2 Utility Lines and Facilities 12
3.3 Signs 14
3.4 Building Encroachments 14
3.5 Permanent Service Drive 14
L _
t
;. aasi 29
Article Subject Page
ARTICLE IV: OPERATION OF COMMON AREA 15
4.1 Parking 15
4.2 Employee Parking 15
4.3 Signs 15
4.4 Protection of Connmon Areas 17
4.5 Sales 17
4.6 Hazardous Materials 18
ARTICLE V: RESTRICTIONS ON USE 19
5.1 Food and Drug Restrictions 19
5.2 Shopping Center Restrictions 19
5.3 Location Restrictions 20
5.4 Driveup and Drive Through Facilities 20
5.5 Mall Restrictions 21
ARTICLE VI: GENERAL PROVISIONS 21
6.1 Covenants Run With the Land 21
6.2 Successors and Assigns 22
6.3 Duration 22
6.4 Injunctive Relief 22
6.5 Modification and Termination 23
6.6 Method of Approval 24
6.7 Not a Pubic Dedication 24
6.8 Breach Shall Not Permit Termination 25
6.9 Default 25
6.10 Notices 27
6.11 Waiver 28
6.12 Attorney's Fees 28
6.13 Severability 28
6.14 Not a Partnership 28
6.15 Third Party Beneficiary Rights 29
6.16 Captions and Headings 29
6.17 Entire Agreement 29
6.18 Construction 29
Ij
DECLARATION OF RESTRICTIONS
335139
AND GRANT OF EASEMENTS
THIS DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS
("Declaration") is made as of the 6-c` day of, 19y5 , by and between P. S.
Center, Ltd., a California Limited Partnership ("First Party"), Albertson's, Inc., a
Delaware corporation ("Albertson's"), and the City of Palm Springs, a municipal corporation
("City").
I. PRELIMINARY
1.1 Definitions:
(a) "Albertson's": Albertson's, Inc., a Delaware corporation, together with
any corporation succeeding thereto by consolidation, merger or acquisition of its assets
substantially as an entirety, and any wholly owned subsidiary thereof, and whose current
address is 250 Parkcenter Boulevard, P.O. Box 20, Boise, Idaho 83726.
(b) "Building Area": All those areas on each Parcel shown as Building Area
on Exhibit "A" attached hereto and incorporated herein by this reference, together with those
portions of the Expansion Area on Parcel 8 and the Building Limit Areas on Parcels 1, 2, 3, 4,
5, 6, 7 and 10 which are from time to time covered by a building or other commercial
structure.
(c) "Building Limit Area": All those areas on Parcels 1, 2, 3, 4, 5, 6, 7
and 10 located within the "Building Limit Line" shown on Exhibit "A."
(d) "Chain Store": A retail company operating a retail unit at the Shopping
Center, which unit will have the standard prototypical building design and operate under the
same trade name as those operated by said retail company in at least 10 retail units within
Southern California or at least 25 retail units nationwide.
(e) "City": City of Palm Springs, a municipal corporation whose current
address is 3200 E. Tahquitz Canyon Hwy., Palm Springs, California 92262.
• 335139
(f) "Common Area": All those areas on each Parcel which are not Building
Area together with those portions of the ]Building Area on each Parcel which are not from time
to time actually covered by a building or other commercial structure or which cannot under the
terms of this Declaration be used for buildings. Canopies which extend over the Common
Area, together with any columns or posts supporting same, shall be deemed to be a part of the
building to which they are attached and not a part of the Common Area.
(g) "Common Area Maintenance Agreement": That certain Common Area
Maintenance Agreement between the parties hereto which encumbers the Shopping Center and
is recorded concurrently herewith.
(h) "Consenting Owners": The Owners of Parcels 8 and 10; provided,
however, that in the event any such Owner sells its Parcel and becomes the Prime Lessee
thereon, said Prime Lessee is hereby appointed the entity to cast the vote or give consent for
said Parcel on behalf of the Owner thereof so long as it is the Prime Lessee of said Parcel.
(i) "Development Agreement": That certain Development Agreement
between the parties hereto which encumbers the Shopping Center and is recorded concurrently
herewith.
(j) "Expansion Area": All those areas on Parcel located within the
"Expansion Limit Line" shown on Exhibit "A."
(k) "First Party": P. S. Center, Ltd., a California Limited Partnership
whose current address is 181 Lytton Avenue, Suite 200, Palo Alto, California 94301.
(1) "floor area": The total number of square feet of floor space in a
building whether or not actually occupied excluding basement, subterranean, balcony and
mezzanine space if not used as sales area or open for public access. Floor area shall be
measured from the exterior line of the exterior walls and from the center line of any party or
common interior walls without deduction for columns, walls or other structural or
nonstructural components.
(m) "Lienholder": Any mortgagee under a mortgage or a trustee or
beneficiary under a deed of trust constituting a lien on any Parcel.
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(n) "Owner": The record holder of fee simple title to a Parcel, its heirs,
personal representatives, successors and assigns.
(o) "Parcel': Parcel 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 as shown on Exhibit "A"
and more particularly described in Schedule I attached hereto and incorporated herein by this
reference.
(p) "person": Individuals, partnerships, firms, associations, corporations,
trusts, governmental agencies, administrative tribunals or any other form of business or legal
entity.
(q) "Phase 1": That portion of the Shopping Center identified as Phase 1 on
Exhibit "A" consisting of Parcels 1, 2, 7, 8 and 9, that portion of the permanent service drive
(shown on Exhibit "A") located on Parcels 3 and 10 and that strip along Vista Chino on
Parcels 3, 4, 5 and 6 (shown on Exhibit "A"), together with work to be performed in
connection with the development of Phase 1 pursuant to the Development Agreement.
(r) "Phase 2": That portion of the Shopping Center identified as Phase 2 on
Exhibit "A" consisting of the remaining; portion of Parcels 3, 4, 5, 6 and 10 together with
work to be performed in connection with the development of Phase 2 pursuant to the
Development Agreement.
(s) "Prime Lessee": The Owner of Parcel 8 or 10 who sells said Parcel to
an unaffiliated third party and thereafter enters into a net lease for said Parcel with such third
party or its lessee or sublessee. Prime Lessee includes the successors and assigns of said
Prime Lessee but does not include the sublessees, licensees or concessionaires of said Prime
Lessee.
(t) "Public Parcel": The streets, sidewalks and other real property within
the City adjacent to the Shopping Center depicted on Exhibit "A" and more particularly
described in Schedule II attached hereto and incorporated herein by this reference.
(u) "Restrictions": 'rho easements, covenants, restrictions, liens and
encumbrances contained in this Declaration.
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F
(v) "Service Facilities": Loading docks, trash enclosures, bottle storage
areas and other similar service facilities.
(w) "Shopping Center": Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10collectively.
1.2 Parties: First Party is the Owner of Parcels 1, 2, 3, 4, 5, 6, 7, 9 and 10 and
Albertson's is the Owner of Parcel 8. The Parcels are located at the southeast corner of the
intersection of Sunrise Way and Vista Chino in the City of Palm Springs, County of Riverside,
State of California as shown on Exhibit "A" and more particularly described in Schedule I
attached hereto. The City has fee or easement interests in the Public Parcel and is responsible
for the planning and development of land within the City in such a manner as to provide for
the health, safety and welfare of the residents of the City.
1.3 Purpose: The parties plan to develop the Shopping Center as an integrated
retail sales complex for the mutual benefit of all real property in the Shopping Center and the
Public Parcel and, therefore, hereby establish the Restrictions and shall hold, sell and convey
the Shopping Center and each Parcel therein subject to the Restrictions set forth herein and
the City shall have the right and power to enforce the Restrictions as provided herein.
II. BUILDING AND COMMON AREA DEVELOPMENT
2.1 Building Location: All buildings and other structures (except those permitted
in Section 2.2 below) shall be placed or constructed upon the Parcels only in the Building
Areas; provided, however, that canopies, eaves and roof overhangs (including columns or
posts supporting same), normal foundations, utility cabinets and meters, signs and doors for
ingress and egress may project from the Building Area into the Common Area. All of the
foregoing shall be constructed and maintained in accordance with all local, state and federal
laws, rules and regulations applicable thereto, including all applicable ordinances, regulations
and standards of the City. All Building Areas on which buildings are not under construction
on the date the Owner of Parcel 8 first opens its building for business shall be covered by a
one inch asphalt dust.cap, hydroseed ng with native grasses or some other dust palliative
approved by the City of Palm Springs (except for the Parcels or portions of the Parcels on
Phase 2 where the existing grades and natural state of terrain on the surface have not been
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C
disturbed) and kept reasonably weed-free and clean at the Owner's sole expense until such
time as buildings are constructed thereon. Anything to the contrary hereinabove
notwithstanding, the configuration of the actual Building Area on Parcels 1, 2, 3, 4, 5, 6, 7
and 10 may be established within the Building Limit Line as shown on Exhibit "A" provided,
that except in the event of the construction of a gas station on Parcel 1, the Building Area for
any other permitted use shall be located on Parcel 1 as shown on Exhibit "A" as the alternate
for Parcel 1; provided, further that the aggregate square footage of floor area in all buildings
constructed on each of the following Parcels shall not exceed the maximum square footage as
follows, which square footage shall be deemed to constitute the maximum Building Area for
each such Parcel:
Pare el Maximum Floor Area of Buildings
Parcel 1 5,000 square feet exclusive of canopies and pump
islands if used as a gasoline station (4,000 square
foot maximum if used with drive thru)
Parcel 2 5,000 square feet (4,000 square foot maximum if
used with drive thru)
Parcel 3 5,000 square 4eet (3,500 square foot maximum if
used with drive thru)
Parcel 4 5,000 square feet (3,500 square foot maximum if
used with drive thru)
Parcel 5 5,000 square feet (3,500 square foot maximum if
used with drive thru)
Parcel 6 9,000 square feet
Parcel 7 12,000 square feet
Parcel 10 25,000 square feet maximum for Building "C"
90,000 square feet maximum for Building "D"
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Notwithstanding the foregoing, in no event, without the written approval of the Consenting
Owners, may (i) the aggregate square footage of floor area of all buildings constructed on the
Parcels in the Shopping Center exceed one hundred ninety-five thousand nine hundred square
feet (195,900) and (ii) there be less than nine-tenths of one (.9) parking space per two hundred
fifty square feet (250) of floor area for retail and office uses at the Shopping Center and less
than nine-tenths of one (.9) parking space per one hundred square feet (100) of floor area for
restaurant uses at the Shopping Center, or (iii) the Building Area on Parcel 8 be limited to
less than 50,245 square feet of ground floor area. Prior to the commencement of construction
of any building on any Parcel or improvements within the Common Area thereon (other than
buildings and Common Area improvements shown on Exhibit "A" to be constructed within
Phase 1), a site plan shall be submitted by the Owner of such Parcel and reasonably approved
in writing by the Consenting Owners.
2.2 Common Area: The Common Area is hereby reserved for the sole and
exclusive use of all Owners of the Shopping Center, their tenants, contractors, employees,
agents, customers, licensees and invitees and the subtenants, contractors, employees, agents,
customers, licensees and invitees of such tenants. The Common Area may be used for
vehicular driving, parking (except than there shall be no multi-level parking), pedestrian
traffic, directional signs, sidewalks, walkways, landscaping, perimeter walls and fences,
parking lot lighting, recycle centers, utilities and Service Facilities and for no other purpose
unless otherwise specifically provided in this Declaration. No buildings or structures not
shown on the Site Construction Documents approved pursuant to the Development Agreement
shall be placed or constructed in the Common Area except pylon and directional signs (as
provided in Article IV), paving, bumper guards or curbs, landscape planters, lighting
standards, perimeter walls and fences, utility pads and equipment, recycle centers, cart storage
corrals, sidewalks and, to the extent that they are located, and do not impede access, to the
rear or sides of buildings, Service Facilities. The Common Area shall be constructed in
accordance with the site plan attached hereto as Exhibit "A" and shall be kept and maintained
in a first class condition and repair, free of rubbish, debris and other hazards to persons using
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33513'9
the same, and in accordance with all applicable laws, rules, or ordinance and regulations of all
federal, state and local bodies and agencies having jurisdiction and as provided for in the
Common Area Maintenance Agreement. The maintenance required hereby shall be performed
in such a manner as to avoid the reasonable determination of a duly authorized official of the
City that (i) a public nuisance has been created by the absence of adequate maintenance such as
to be detrimental to the public health, safety or general welfare, or (ii) a condition of
deterioration or disrepair is causing appreciable harm or is materially detrimental to property
or improvements within one thousand (1,000) feet of such portion of the Shopping Center. All
portions of a Building Area which cannot be used for buildings shall be developed by the
Owner thereof, at said Owner's sole cost and expense, in accordance with a site plan approved
by the Consenting Owners (which consent shall not be unreasonably withheld) and maintained
as improved Common Area. The sizes and arrangements of the Common Area improvements,
including, without limitation, service drives and parking areas, striping, traffic directional
arrows and signs, concrete bumpers, parking lot lighting, perimeter walls and fences, and
landscaped areas, together with necessary planting, may not be changed without the prior
written consent of the Consenting Owners, which consent shall not be unreasonably withheld;
provided, however, that nothing contained in this Section 2.2 shall be in any way interpreted
or construed to require the written consent of the Consenting Owners to the expansion of the
building on Parcel 8 into the Expansion Area shown on Exhibit "A" even if such expansion
would bring the aggregate square footage of floor area of all buildings constructed at the
Shopping Center to an amount in excess of 195,900 square feet or lower the ratio of parking
spaces to retail square footage to less than .9 to 250; provided that such expansion does not
exceed 8,100 square feet.
2.3 Type and Design of Building:
(a) Each building in the Shopping Center, now and in the future, shall be of
first quality construction and architecturally designed so that its exterior elevations (including,
without limitation, signs and color) will be architecturally and aesthetically compatible and
harmonious with all other buildings in the Shopping Center. No building may be constructed
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• 335'�39
nor the exterior of any existing building changed in any way (including, without limitation,
signs and color) without the prior written approval of the Consenting Owners as to the exterior
elevations (including, without limitation, signs and color) of the building to be constructed or
modified. The standard signs and logos of Albertson's and a Chain Store as they may exist
from time to time and the opening, closing or relocation of any door, however, shall not
require approval. Before the construction of any building or any modification of an existing
building which requires approval is commenced, sufficient information shall be sent to the
Consenting Owners to enable the Consenting Owners to make a reasonable determination as to
the architectural and aesthetic compatibility of said building or modification with all other
buildings in the Shopping Center. No Consenting Owner may arbitrarily or unreasonably
withhold its approval of the proposed building or modification if it is architecturally and
aesthetically compatible and harmonious with all other buildings in the Shopping Center. Each
Consenting Owner must approve or disapprove the proposal within thirty (30) days after
receipt of the proposal, and, if such Consenting Owner disapproves the proposal, it shall
provide a written explanation in reasonable detail of its reasons for disapproval. If a
Consenting Owner rejects or disapproves the proposal and fails to provide such explanation
within the thirty (30) day period, such Consenting Owner shall be deemed to have approved
same provided that, when the approval was sought, the one seeking the approval stated in
writing to the one whose approval was sought that, if a disapproval with explanation was not
made within the thirty (30) day period, approval would then be deemed to have been given. If
the proposal is disapproved as provided herein, then an alternate proposal may be submitted,
which alternate proposal shall be handled in the same manner as the initial proposal.
(b) Every building shall be either equipped with automatic sprinkler systems
which meet all the standards of the Insurance Services Office (or other similar local
organization having jurisdiction) or shall be constructed in such a manner as not to adversely
affect the fire rating of any building built upon any other Parcel. The purpose of this
subparagraph (b) is to allow buildings built on each Parcel to be fire rated as separate and
distinct units without deficiency charge.
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(c) No building shall be built in such a manner as to adversely affect the
structural integrity of any other building in the Shopping Center.
(d) All buildings on Parcels 8 and 10 shall be single story with mezzanine
permitted and shall not exceed thirty-one (31) feet in height (excluding architectural
treatments). No building on Parcel 1, 2, 3, 4, 5, 6, 7 or 9 shall exceed one (1) story and
eighteen (18) feet in height (including mechanical fixtures and equipment and screening for
same [but excluding architectural treatments which may not exceed twenty-five (25) feet in
height]). No mezzanine or basement shall be used for the sale or display of merchandise. All
mechanical and electrical fixtures and equipment to be installed on the roof or on the ground
shall be adequately screened pursuant to Section 9303.00 of the City's Zoning Ordinance, and
shall blend with the architectural design of the buildings constructed in the Shopping Center.
Parapets or other architectural treatments shall extend at least six (6) inches above the
equipment and fixtures located on the roof.
(e) Each Owner shall maintain or cause to be maintained the exterior of any
building located on such Owner's Parcels) in a quality and condition comparable to that of
fast class shopping centers of comparable size and nature located in the same geographic area
as the Shopping Center.
(f) No storage of any kind shall be permitted outside the building(s) located
in Shopping Center except for trash or other storage areas approved by the City and shall be
attractively screened from view from the parking areas.
(g) Loading docks and facilities shall be screened and constructed in
accordance with Section 9307.00 of the City's Zoning Ordinance and shall be approved by the
City prior to the issuance of the building permit for the building being serviced by such
loading dock facility. Unless otherwise approved by the City of Palm Springs and/or its
planning department, all loading and delivery activities at the Shopping Center shall be
prohibited between the hours of 9:00 p.m. and 7:00 a.m. and no delivery trucks or trailers
may be parked or stored on-site between the hours of 9:00 p.m. and 7:00 a.m.
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(h) No sirens, outside paging or any type of signalization shall be permitted
in the Shopping Center, except approved alarm systems.
2.4 Construction Requirements:
(a) All work performed in the construction, maintenance, repair,
replacement, alteration or expansion of any building, sign or Common Area improvements
located in the Shopping Center shall be effected as expeditiously as possible and in such a
manner as not to unreasonably interfere„ obstruct or delay (i) access to or from the Shopping
Center, or any part thereof, to or from any public right-of-way, (ii) customer vehicular
parking in that portion of the improved Common Area located in front of any building
constructed in the Shopping Center, or (iii) the receiving of merchandise by any business in
the Shopping Center including, without limitation, access to Service Facilities. Staging for the
construction, replacement, alteration or expansion of any building, sign or Common Area
improvements located in the Shopping Center including, without limitation, the location of any
temporary buildings or construction sheds, the storage of building materials, and the parking
of construction vehicles and equipment shall be limited to that portion of the Shopping Center
approved in writing by the Consenting Owners. Unless otherwise specifically stated herein,
the person contracting for the performance of such work ("Contracting Party") shall, at its sole
cost and expense, promptly repair and restore or cause to be promptly repaired and restored to
its prior condition all buildings, signs and Common Area improvements damaged or destroyed
in the performance of such work.
(b) The Contracting Party shall not permit any liens to stand against any
Parcel for any work done or materials furnished in connection with the performance of the
work described in subparagraph (a) above; provided, however, that the Contracting Party may
contest the validity of any such lien, but upon a final determination of the validity thereof, the
Contracting Party shall cause the lien to be satisfied and released of record. The Contracting
Party shall, within thirty (30) days after receipt of written notice from the Owner of any Parcel
or Prime Lessee encumbered by any such lien or claim of lien, cause any such outstanding lien
or claim of lien to be released of record or transferred to bond in accordance with applicable
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law, failing which the Owner or Prime: Lessee of said Parcel shall have the right, at the
Contracting Party's expense, to transfer said lien to bond. The Contracting Party shall
indemnify, defend and hold harmless the Owners and occupants of the Shopping Center from
any and all liability, claims, damages, expenses (including reasonable attorney's fees and
reasonable attorney's fees on any appeal), liens, claims of lien, judgments, proceedings and
causes of action, arising out of or in any way connected with the performance of such work,
unless caused by the negligent or willful act or omission of the indemnified person, its tenants,
subtenants, agents, contractors or employees.
(c) The parties acknowledge and agree that incidental encroachments upon
the Common Area may occur as a result of the use of ladders, scaffolds, store front barricades
and similar facilities in connection with the construction, maintenance, repair, replacement,
alteration or expansion of buildings, signs and Common Area improvements located in the
Shopping Center, all of which are permitted hereunder so long as all activities requiring the
use of such facilities are expeditiously pursued to completion and are performed in such a
manner as to minimize any interference with use of the improved Common Area or with the
normal operation of any business in the Shopping Center.
2.5 Casualty and Condemnation: In the event all or any portion of any building
in the Shopping Center is (i) damaged or destroyed by fire or other casualty, or (ii) taken or
damaged as a result of the exercise of the power of eminent domain or any transfer in lieu
thereof, the Owner of such building shall promptly restore or cause to be restored the
remaining portion of such building or, in lieu thereof, shall remove or cause to be removed the
damaged portion of such building together with all rubble and debris related thereto. All
Building Areas on which buildings are not reconstructed following a casualty or condemnation
shall be graded or caused to be graded by the Owner thereof to the level of the adjoining
property and in such a manner as not to adversely affect the drainage of the Shopping Center
or any portion thereof, shall be covered by a one inch asphalt dust cap, hydroseeding with
native grass or some other dust palliative approved by the City of Palm Springs and shall be
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kept weed free and clean at the Owner's sole cost and expense until buildings are reconstructed
thereon.
2.6 Indemnification: Each Owner hereby agrees to indemnify, defend and hold
harmless the other Owners and occupants from and against any and all liability, claims,
damages, expenses (including reasonable attorney's fees and reasonable attorney's fees on any
appeal), judgments, proceedings and causes of action, for injury to or death of any person or
damage to or destruction of any properoy occurring in the interior of any building constructed
on the indemnifying Owner's Parcel, unless caused by the negligent or willful act or omission
of the indemnified person, its tenants, subtenants, agents, contractors or employees.
III. EASEMENTS
3.1 Ingress, Egress and Parking: Each Owner, as grantor, hereby grants to the
other Owners, their respective tenants, contractors, employees, agents, customers, licensees
and invitees, and the subtenants, contractors, employees, agents, customers, licensees and
invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as
grantees, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic
and vehicular parking upon, over and across that portion of the Common Area located on the
grantor's Parcel(s), except for those areas devoted to Service Facilities or driveup or drive
through customer service facilities. The reciprocal rights of ingress and egress set forth in this
Section 3.1 shall apply to the Common Area for each Parcel as such area shall be increased
pursuant to Section 2.2 above.
3.2 Utility Lines and Facilities:
(a) Each Owner, as ;grantor, hereby grants to the other Owners, for the
benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive easement
under, through and across the Common Area of the grantor's Parcel(s) for the installation,
operation, maintenance, repair and replacement of water drainage systems or structures, water
mains, sewers, water sprinkler system lines, telephones, electrical conduits or systems, gas
mains and other public or private utilities. All such systems, structures, mains, sewers,
conduits, lines and other utilities shall 'be installed and maintained below the ground level or
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surface of such easements except for ground mounted electrical transformers and such other
facilities as are required to be above ground by the utility providing such service (including
temporary service required during the construction, maintenance, repair, replacement,
alteration or expansion of any buildings or improvements located in the Shopping Center).
The installation, operation, maintenance, repair and replacement of such easement facilities
shall not unreasonably interfere with the use of the improved Common Area or with the
normal operation of any business in the Shopping Center. The grantee shall bear all costs
related to the installation, operation, maintenance, repair and replacement of such easement
facilities, shall repair to the original specifications any damage to the Common Area resulting
from such use and shall provide as-built plans for all such facilities to the Owners of all
Parcels upon which such utility lines and facilities are located within thirty (30) days after the
date of completion of construction of same.
(b) At any time and from time to time the Owner of a Parcel shall have the
right to relocate on its Parcel any utility line or facility installed pursuant to the foregoing
grant of easement which is then located on the land of such Owner, provided that any such
relocation (i) shall be performed only after sixty (60) days' notice of the Owner's intention to
undertake the relocation shall have been given to the Owner of each Parcel served by the
utility line or facility, (ii) shall not unreasonably interfere with or diminish utility service to
the Parcels served by the utility line or facility, (iii) shall not reduce or unreasonably impair
the usefulness or function of the utility line or facility, (iv) shall be performed without cost or
expense to the Owner or occupant of any other Parcel, and (v) shall provide for the original
and relocated area to be restored to the original specifications. The Owner performing such
relocation shall provide as-built plans for all such relocated utility lines and facilities to the
Owners of all Parcels served by such utility lines and facilities within thirty (30) days after the
date of completion of such relocation.
(c) Each Owner agrees to grant such additional easements as are reasonably
required by any public or private utility for the purpose of providing the utility lines and
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facilities described herein provided such easements are not otherwise inconsistent with the
provisions of this Declaration.
3.3 Signs: Each Owner, as grantor, hereby grants to the other Owners, for the
benefit of each Parcel belonging to the other Owners, as grantees, an easement under, through
and across the Common Area of the: grantor's Parcels) for the installation, operation,
maintenance, repair and replacement of the free-standing signs referred to in Section 4.3 of
this Declaration and all utility lines and facilities appurtenant thereto. Except where otherwise
specifically stated herein to the contrary, the grantee(s) shall bear all costs related to the
installation, maintenance, repair and replacement of its free-standing sign and appurtenant
facilities, shall repair to the original specifications any damage to the Common Area resulting
from such use and shall provide as-built plans for all such facilities to the Owners of all
Parcels upon which such facilities are located within thirty (30) days after the date of
completion of construction of same.
3.4 Building Encroachments: Each Owner, as grantor, hereby grants to the other
Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, an
easement for any portion of any building or structure located on any such Parcel which may
encroach into or over the grantor's adjoining Pareel(s); provided the easement for footings,
piers, piles, grade beams does not exceed two (2) feet, the easement for buildings
encroachments does not exceed six (6) inches, and the easement for canopies, eaves and roof
overhangs does not exceed four (4) feet.
3.5 Permanent Service Drive: Each Owner hereto, as grantor, hereby grants to
the other Owners, their respective tenants, contractors, employees, agents, customers,
licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees
and invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as
grantees, a perpetual non-exclusive easement for ingress and egress by vehicular and
pedestrian traffic upon, over and across that portion of the Common Area located on the
grantor's Parcel(s) shown on Exhibit "A" as "Permanent Service Drive" and more particularly
described in Schedule III attached hereto and incorporated herein by this reference.
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IV. OPERATION OF COMMON AREA
4.1 Parking: There shall be no charge for parking in the Common Area without
the prior written consent of the Consenting Owners or unless otherwise required by law.
Vehicles used in connection with the operation of the Shopping Center, including delivery
vehicles, vehicles of employees and vehicles of persons with business on, or customers of the
Shopping Center shall park solely within the Shopping Center and not on the Public Parcel,
unless the Shopping Center is part of a trip reduction transportation demand management
program with City which allows exceptions to this restriction.
4.2 Employee Parking: Anything in this Declaration to the contrary
notwithstanding, areas to be used for motor vehicle parking by employees of occupants of the
Shopping Center may be designated within the Shopping Center from time to time with the
prior written consent of the Consenting Owners. In the event employee parking areas are
designated as provided herein, then employees of any Owner or occupant of any part of the
Shopping Center shall use only those portions of the Common Area designated for such motor
vehicle parking purposes. In no event shall employees park within 200 feet of the front
entrance of the building located on Parcel 8 (excluding any parking located on Parcel 7). The
authority herein granted shall be exercised in such manner as not to discriminate against any
Owner or occupant of the Shopping Center.
4.3 Signs:
(a) Subject to governnental approval, two (2) free-standing signs shall be
erected at the locations designated "Center Pylon Sign" on Exhibit "A." Each such sign shall
display the designation of the Owner or occupant of Parcel 8 and, provided the amount of
signage otherwise permitted by governmental authority to the Owner or occupant of Parcel 8 is
not adversely affected thereby, designations for not more than two (2) other businesses in the
Shopping Center. Any such business, in order to display its designation on the Center Pylon
Sign, must occupy not less than 18,000 square feet of floor area or be operated by a Chain
Store. If all such businesses displaying their designations on a Center Pylon Sign occupy more
than 15,000 square feet of floor area at the Shopping Center, then each such business shall
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have the same square footage of signage on such Center Pylon Sign; however, if a Chain Store
occupying less than 15,000 square feet of floor area at the Shopping Center displays its
designation on a Center Pylon Sign, then. such Chain Store will be allowed less square footage
thereon than the other businesses displayed thereon, as determined by the Consenting Owners.
The cost of constructing, installing, maintaining, repairing and replacing the Center Pylon
Sign structure (excluding electrical hookup to the Common Area meter) shall be paid by the
Owners of all Parcels entitled to display designations thereon in the proportion that the total
square footage of each Owner's designation or designations bears to the total square footage of
all designations entitled to be displayed thereon. Each person displaying a designation on the
Center Pylon Sign shall supply and maintain its own sign fascia and can. The design of the
Center Pylon Sign structure shall be subject to the approval of the Consenting Owners, as shall
be the size, design and location of the sign fascia used; provided, however, that Albertson's, a
Chain Store and other persons occupying not less than 25,000 square feet of ground floor area
may use such standard fascia as they from time to time use generally in carrying on their
businesses. The Owner or occupant of Parcel 8 shall have the top designation on each Center
Pylon Sign. The Owner of Parcel 10 shall have the right to substitute a Shopping Center
designation for any one of its business designations.
(b) In addition to the foregoing Center Pylon Signs, but subject to
governmental approval and provided the amount of signage otherwise permitted by
governmental authority on the Center Pylon Signs is not adversely affected, the Owners of
Parcels 1, 2, 3, 4, 5 and 6 shall each have the right to erect a monument sign on such Owner's
respective parcel, the design, size and location of which shall first be approved by the
Consenting Owners, which approval shall not be unreasonably withheld. Such sign shall
display the designation of the Owner or occupant of the Parcel on which it is located and shall
not exceed five (5) feet in height and six (6) feet in width. The cost of constructing, installing,
maintaining, repairing and replacing the monument sign structure shall be paid by the Owner
of the Parcel on which it is located.
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(c) There shall be no other signs, except directional signs and signs on
buildings, in the Shopping Center. All exterior building signs on Parcels 1, 2, 3, 4, 5, 6, 7
and 9 shall be restricted to identification of the business or service located or provided therein.
No exterior building sign shall be placed on penthouse walls, extend above the building roof
or be painted on the exterior building surface. No exterior building or free-standing sign shall
utilize flashing, moving or audible lights or appurtenances.
4.4 Protection of Common Areas: Each Owner and Prime Lessee shall have the
right to take such steps as it deems necessary to prevent those persons not authorized by this
Declaration to use the Common Area from using the Common Area for ingress, egress and
parking after obtaining written consent from the Consenting Owners. Notwithstanding the
foregoing, the Consenting Owners shall approve or disapprove an Owner's request within
thirty (30) days after their receipt of such Owner's request. Failure of the Consenting Owners
to approve or disapprove shall be deemed to be the Consenting Owners' approval thereof.
Such steps shall include, without limitation, the construction of fences, walls or barricades
along the boundary lines of any portion of the Shopping Center except along the common
boundary line of any Parcel with any other Parcel.
4.5 Sales: No portion of the Common Area, except sidewalks, shall be used for the
sale or display of merchandise; provided, however, that the seasonal sale of merchandise by
the Owner or occupant of Parcels 8 and 10 shall be permitted from the parking lot located on
each such Owner's Parcel in the area shown as "Seasonal Sales Area" on Parcels 8 and 10
subject to the following restrictions: (i) sales shall be limited to not more than four (4)
occasions per calendar year for a cumulative total of not more than sixty (60) days' duration
for each such Parcel, (ii) the sales area shall be limited to not more than twenty (20) parking
spaces located on each such Parcel, as shown as "Seasonal Sales Area" on Exhibit "A"
attached hereto, (iii) all booths, stands, displays and other structures erected in connection
with such sales shall be promptly removed by the Owner or occupant of the Parcel conducting
such sale upon termination of said activities, (iv) the Common Area shall be promptly repaired
to its condition immediately prior to said sale at the sole cost and expense of the Owner or
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335=,)
occupant of the Parcel conducting such sale, and (v) sales shall not interfere with the free
movement of vehicular traffic within the Shopping Center or with access to or from the
Shopping Center, or any part thereof, to or from any public right-of-way.
4.6 Hazardous Materials:
(a) No Owner of the Shopping Center shall cause or knowingly permit any
"Hazardous Material" (as hereinafter defined) to be stored, released, disposed of, produced or
otherwise to exist in the Shopping Center in violation of any law, rule, regulation, or
ordinance, now or at any time in effect. "Hazardous Materials" is herein defined as
underground storage tanks, or any hazardous substances, materials, pollutants, contaminants
or hazardous wastes as defined by the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act ("RCRA"),
as amended, or any other similar local, state or federal law, rule, regulation or ordinance,
including, without limitation, asbestos, PCB's, petroleum and petroleum products, and urea-
formaldehyde. Without limiting the generality of any provision of this Declaration or any of
the remedies set forth in this Declaration, any Owner in the Shopping Center violating the
foregoing provision shall indemnify, defend, and hold harmless all other Owners and
occupants in the Shopping Center from and against any and all damages, fines, penalties,
liabilities, claims, diminution in value, expenses (including, without limitation, response costs,
monitoring costs, attorneys' fees and attorneys' fees on appeal), judgments, proceedings and
causes of action, losses, costs and penalties (collectively, "Environmental Damages") incurred
by such other Owners and occupants as a result of the indemnifying Owner's default
hereunder.
(b) In addition to the obligations and liabilities set forth in subparagraph (a)
above, in the event Parcel 1 is used as a gas or service station the following shall apply (it
being acknowledged and agreed that nothing in subparagraph (a) above shall be deemed to
limit any of the provisions of this subparagraph [b]): The Owner and occupant of Parcel 1
shall be obligated to indemnify, defend and hold the Owner and occupant(s) of the remaining
Parcels at the Shopping Center harmless from and against any and all Environmental Damages
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'351.3:9
arising out of or in any manner directly or indirectly relating to the operation and/or presence
of a gas or service station on Parcel 1, whether or not relating to a violation of any law, rule,
regulation, or ordinance now or at any time in effect. All obligations of the Owners and
occupants of Parcel 1 under this subsection (b) shall be joint and several.
(c) The provisions of subparagraph (a) and (b) above shall not be deemed to
limit any party's rights or obligations under any common law, contract, statute, rule or
regulation. The provisions of this Paragraph 4.6 shall survive the termination or expiration of
this Declaration.
V. RESTRICTIONS ON USE
5.1 Food and Drug Restrictions: No part of Parcel 1, 2, 3, 4, 5, 6, 7, 9 or 10
shall be used as a supermarket (which shall be defined as any store or department containing at
least 5,000 square feet of floor area, including aisle space and storage, primarily devoted to
the retail sale of food for off-premises consumption); as a bakery or delicatessen; for the sale
of fresh or frozen meat, fish, poultry or produce for off-premises consumption; for the sale of
alcoholic beverages for off-premises consumption (except that alcoholic beverages may be sold
for off-premises consumption by (i) a minimart operated in conjunction with a service station
on Parcel 1; provided such minimart does not exceed 5,000 square feet of floor area; and (ii) a
drugstore with a 20,000 square foot or larger drugstore operation at the Shopping Center;
provided that such drugstore is operated by a national or regional drugstore chain with at least
twenty-five drug stores ["Chain Drugstore"]); or for the sale or offer for sale of any ethical
pharmaceutical products requiring the services of a registered pharmacist ("Pharmacy")
(except that a Pharmacy may be operated by a drugstore operation at the Shopping Center).
5.2 Shopping Center Restrictions: No part of the Shopping Center shall be used
as a bar, tavern, cocktail lounge, adult book or adult video store, automotive maintenance or
repair facility, warehouse, car wash, entertainment or recreational facility or training or
educational facility; for the renting, leasing or selling of or displaying for the purpose of
renting, leasing or selling of any boat, motor vehicle or trailer; or for industrial purposes. For
the purpose of this Declaration, the phrase "entertainment or recreational facility" shall
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include, without limitation, a theater, bowling alley, skating rink, gym, health spa or studio,
dance hall, billiard or pool hall, massage parlor, game parlor or video arcade (which shall be
defined as any store containing more than four [4] electronic games). The phrase "training or
educational facility" shall include, without limitation, a beauty school, barber college, reading
room, place of instruction or any other operation catering primarily to students or trainees as
opposed to customers.
5.3 Location Restrictions:
(a) No more than a cumulative total of 5,000 square feet of floor area on
Parcel 7 may be operated as restaurant and/or medical, dental, professional or business office
(collectively, "Office") uses; provided that each such use does not exceed 1,500 square feet
floor area except that a restaurant or Office use which is located at the most southerly portion
of the building on Parcel 7 (as shown on Exhibit "A") may use up to 3,500 square feet of floor
area for a single restaurant or Office use.
(b) No more than a cumulative total of 6,000 square feet of floor area on
Parcel 9 may be operated as Office and/or restaurant uses; provided that each such use does
not exceed 1,500 square feet of floor area.
(c) No part of Parcel 1 shall be used as'�a restaurant or an Office.
(d) Subject to the other restrictions set forth above, the cumulative total
floor area of all restaurants and Offices located on Parcels 7, 9 and 10 shall not exceed
20,000 square feet; provided, however, that no one single restaurant or Office use on
Parcel 10 may exceed 5,000 square feet of floor area.
5.4 Driveup and Drive Through Facilities: No restaurant, bank or other facility
featuring vehicular driveup or drive through customer service shall be located in the Shopping
Center unless the Consenting Owners have first given their written consent, which shall not be
unreasonably withheld, to the location, parking and drive lanes of such facility. The parties
hereby approve the vehicular driveup and drive through customer service facilities shown on
Exhibit "A."
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5.5 Mall Restrictions: There shall be no open or enclosed malls in the Shopping
Center unless the Consenting Owners have first given their written consent, which shall not be
unreasonably withheld, to the location of the entrance to such mall; provided, however, that
the buildings in Phase 2 may be part of an open or enclosed mall without the written consent
of the Consenting Owners if: (i) no public entrance and/or public exit to such mall is located
on Parcel 10 and (ii) any additional Common Area Maintenance Costs associated with the mall
(including without limitation, public restrooms, security service, heating, ventilation and air
conditioning, interior lighting and flooring) is separately bid from the rest of Common Area
Maintenance and is paid for by the Owners of the buildings within the mall.
VI. GENERAL PROVISIONS
6.1 Covenants Run With the Land: Each Restriction on each Parcel shall be a
burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each
part thereof and shall run with the land. The Owner of each Parcel in the Shopping Center
shall hold, sell, convey, encumber, hypothecate, lease, use, occupy and improve its Parcel
subject to the Restrictions and shall attach, as exhibits, this Declaration and the Conditions to
the Approval of this Shopping Center (Resolution No. ; Case 5.0631-PD-227) to
any leases entered into with tenants occupying all or 'a portion of such Owner's Parcel.
Failure of any Owner to provide such notice to any of its tenants shall not render these
Restrictions unenforceable as against such tenant. City, First Party and Albertson's hereby
declare their understanding and intent that the burden of the covenants set forth herein touch
and concern the land in that First Party's and Albertson's legal interest in the Shopping Center
is rendered less valuable thereby. City, First Party and Albertson's hereby further declare
their understanding and intent that the benefit of such covenants touch and concern the land by
enhancing and increasing the enjoyment and use of the Shopping Center by the citizens of the
City, and by furthering the health, safety and welfare of the residents of the City;
accordingly, First Party and Albertson's hereby grant to the City the right and power to
enforce the Restrictions contained in this Declaration and maintenance requirements set forth
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in the Common Area Maintenance Agreement against the Owner of the Parcel in violation
hereof.
6.2 Successors and Assigns: This Declaration and the Restrictions created hereby
shall inure to the benefit of the City and the Owners, their heirs, personal representatives,
successors and assigns and shall be binding upon the Owners, their heirs, personal
representatives, successors and assigns, and upon any person acquiring a Parcel, or any
portion thereof, or any interest therein, whether by operation of law or otherwise; provided,
however, that if any Owner sells all or any portion of its interest in any Parcel, such Owner
shall thereupon be released and discharged from any and all obligations as Owner in
connection with the property sold by it arising under this Declaration after the sale and
conveyance of title but shall remain liable for, all obligations arising under this Declaration
prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion
thereof (including, without limitation, any Owner who acquires its interest by foreclosure,
trustee's sale or otherwise) shall be liable for all obligations arising under this Declaration with
respect to such Parcel or portion thereof after the date of sale and conveyance of title.
6.3 Duration: Except as otherwise provided herein, the term of this Declaration
shall be for sixty-five (65) years from the date hereof.
6.4 Injunctive Relief: (a) In the event of any violation or threatened violation by
any person of any of the Restrictions contained in this Declaration, the City and/or any or all
of the Owners of the property included within the Shopping Center shall have the right to
enjoin such violation or threatened violation in a court of competent jurisdiction. The right of
injunction shall be in addition to all other remedies set forth in this Declaration or provided by
law.
(b) In the event of any violation or threatened violation of any of the
provisions of this Declaration, then in addition to, but not in lieu of, any of the rights or
remedies the City may have to enforce the provisions hereof, the City shall have the right (i)
to enforce the provisions hereof as a party thereto and as an owner of the Public Parcel, and
(ii) to withhold or revoke, after giving written notice of said violation, any building permits,
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occupancy permits, certificates of occupancy, business licenses and similar matters or
approvals pertaining to the Property or any part thereof or interests therein as to the violating
person or one threatening violation.
6.5 Modification and Termination: Subject to the limitations hereinafter set
forth, this Declaration may be modified or terminated, in whole or in part, only with the
consent of the City and the Owners and Prime Lessees of the Parcels containing at least ninety
percent (90%) of the total square footage of the maximum allowable Building Area in the
Shopping Center at the time of such modification or termination (provided that in any event
the consent of all of the Consenting Owners shall be required), and then only by written
instrument duly executed and acknowledged by the City and all of the required Owners and
Prime Lessees and recorded in the office of the recorder of the county in which the Shopping
Center is located. Notwithstanding the foregoing, however, Minor Changes (as hereinafter
defined) approved by the Consenting Owners, may be made to Common Area improvements
within the Shopping Center; provided that (i) any such change relates to that portion of the
Common Area located on Parcels 8 or 10 as shown on Exhibit "A", (ii) any such change does
not involve the relocation of any curb cuts, entrance or exit areas to or from any public right-
of-way, the Permanent Service Drive or major common access drives and (iii) the Consenting
Owners prepare, execute and provide to the remaining Owners all amendatory documents
reasonably necessary in order to document and memorialize any such change, including, but
not necessarily limited to, the preparation and recordation of amendments to this Declaration
and replacement of Exhibit "A." For purposes of this Section 7.5 hereinabove, a change shall
be deemed to be a "Minor Change" if it does not substantially alter or materially affect traffic
or drive lanes, traffic movement or access to or from the Shopping Center from any public
street, does not substantially alter the location of heavy duty asphalt surfaces, and does not
impair, inhibit or adversely affect the utility or durability of the Shopping Center for its
intended purpose or impair, inhibit or adversely affect the visibility of the Shopping Center
from any public right-of-way. Notwithstanding the foregoing, or anything else in this
Declaration to the contrary, this Declaration may not be modified in any respect whatsoever
23
without the prior written consent of the Owner of a Parcel if such an amendment will
materially and adversely affect the rights of such Owner, its Prime Lessee or any other tenant
of such Parcel, to any ingress and/or egress easements, utilities and/or storm water easements,
cross-parking easements, the location of the Building Area affecting such Parcel, the location,
type and size of any signage rights affecting such Parcel, the maximum Building Area
allocated to such Parcel, the location or number of any curb cuts on such Parcel to and from
Parcel or 10 as the case may be, or the use restrictions affecting such Parcel. No
modification or termination of this Declaration shall affect the rights of any Lienholder unless
the Lienholder consents in writing to the modification or termination.
6.6 Method of Approval: Whenever the consent or approval of any Owner is
required, such consent or approval shall be exercised only in the following manner. Each
Parcel shall have only one (1) vote. The Owners (if consisting of more than one [1] person) of
each Parcel shall agree among themselves and designate in writing to the Owners and Prime
Lessees of each of the other Parcels a single person who is entitled to cast the vote for that
Parcel. If the Owners of any such Parcel cannot agree who shall be entitled to cast the single
vote of that Parcel, or if the Owners fain to designate the single person who is entitled to cast
the vote for that Parcel within thirty (30) days after receipt of request for same from any other
Owner or Prime Lessee, then that Parcels shall not be entitled to vote. In the event a Parcel is
not entitled to vote, its consent or approval shall not be necessary and the total square footage
of Building Area located on said Parcel shall be disregarded for the purpose of computing the
percentage requirement set forth in Section 6.5. Except as otherwise set forth in Section 6.5,
in the event an Owner sells its Parcel and becomes the Prime Lessee thereon, said Prime
Lessee is hereby appointed the entity to cast the vote or give the consent for said Parcel on
behalf of the Owner thereof and is hereby granted all of the rights and remedies granted to the
Owner of said Parcel so long as it is the Prime Lessee of said Parcel, anything in this
Declaration to the contrary notwithstanding.
6.7 Not a Public Dedication: Nothing herein contained shall be deemed to be a
gift or dedication of any portion of the Shopping Center to the general public or for the
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general public or for any public purpose: whatsoever, it being the intention of the parties that
this Declaration shall be strictly limited to and for the purposes herein expressed.
6.8 Breach Shall Not Permit: Termination: It is expressly agreed that no breach
of this Declaration shall entitle any Owner to terminate this Declaration, but such limitation
shall not affect in any manner any other rights or remedies which such Owner may have
hereunder by reason of any breach of this Declaration. Any breach of this Declaration shall
not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for
value, but this Declaration shall be binding upon and be effective against any Owner whose
title is acquired by foreclosure, trustee's sale or otherwise.
6.9 Default: (a) A person shall be deemed to be in default of this Declaration only
upon the expiration of thirty (30) days (ten [10] days in the event of failure to pay money)
from receipt of written notice from the City or any Owner or Prime Lessee specifying the
particulars in which such person has failed to perform the obligations of this Declaration
unless such person, prior to the expiration of said thirty (30) days (ten [10] days in the event
of failure to pay money), has rectified the particulars specified in said notice of default.
However, such person shall not be deemed to be in default if such failure (except a failure to
pay money) cannot be rectified within said thirty (30) day period and such person is using
good faith and its best efforts to rectify the particulars specified in the notice of default.
(b) If any Owner of a Parcel defaults in the performance of any of its
obligations hereunder ("Defaulting Owner"), the City, its employees, contractors and agents
may, at their sole option, enter onto the Parcel for the purpose of curing the default. In
making an entry, the City shall provide the Defaulting Owner or its representative, reasonable
notice of the time and manner of said entry and said entry shall only be at such times and in
such manner as is reasonably necessary to cure said default. The Defaulting Owner shall
reimburse the City for all costs and expenses related to the curing of said default. If the City
is not so reimbursed by the Defaulting Owner within 30 days after Defaulting Owner receives
notice requesting payment of same, the payment shall be deemed delinquent, and the amount
thereof shall bear interest thereafter at a rate of ten percent (10%) per annum until paid. Any
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and all delinquent amounts, together with said interest, costs and reasonable expenses and fees
shall be a personal obligation of the Defaulting Owner and shall be a lien and charge, with
power of sale, upon the Defaulting Owner's Parcel. The City may bring an action at law
against the Defaulting Owner to pay any such sums.
The lien provided for in this Section 6.9 may be recorded by the City as Notice of Lien
against the Defaulting Owner's Parcel in the Office of the County Recorder of Riverside,
signed and acknowledged, which Notice of Lien shall contain the unpaid amount of the costs
and expenses incurred by the City. The priority of such lien so established against the
Defaulting Owner's Parcel shall date from the date such lien is filed of record and shall be
prior and superior to any right, title, interest, lien or claim which may be or has been acquired
or attached to such Parcel at the time of recording of such lien, but shall be junior and
subordinate to matters having a priority prior to the date such notice is recorded provided that,
however, said lien shall be subordinate to any bona fide mortgage or deed of trust and any
purchaser at any foreclosure or trustee's sale. Any such lien may be enforced by the City by
taking either or both of the following actions concurrently or separately (and by taking either
of the remedies set forth below shall not prejudice or waive the right to exercise the remedy):
(i) bring an action at law against the Defaulting Owner personally obligated to pay such lien or
(ii) foreclose such lien in accordance with the provisions of Section 2924 of the California
Civil Code pertaining to the exercise of powers of sale of mortgages and deeds of trust or in
any other manner permitted by California law.
After the payment by the Defaulting Owner of the amount required to satisfy the lien
so recorded, the City shall record an appropriate release of such lien, and sign any other
instrument reasonably necessary to satisfy title insurance requirements of a reputable title
insurance company, upon further payment by the Defaulting Owner of funds sufficient 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 by the City.
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6.10 Notices:
(a) All notices given pursuant to this Declaration shall be in writing and
shall be given by personal delivery, by United States mail or by United States express mail or
other established express delivery service (such as Federal Express), postage or delivery
charge prepaid, return receipt requested, addressed to the person and address designated below
or, in the absence of such designation, to the person and address shown on the then current
real property tax rolls of the county in which the Shopping Center is located. All notices to
First Party or Albertson's shall be sent to the person and address set forth below:
First Party: P.S. Center, Ltd.
535 Cowper Street, Second Floor
Palo Alto, CA 94301
Attention: Daniel G. Summers
Albertson's: Albertson's, Inc.
250 Parkcenter Boulevard
P.O. Box 20
Boise, ID 83726
Attention: Legal Department
City: City of Palm Springs
3200 E. Tahquitz Canyon Hwy.
1'.0. Box 2743
Palm Springs, CA 92263
Attention:
With Copy to: Rutan & Tucker
fill Anton Blvd., Suite 1400
Costa Mesa, CA 92623-9990
Attention: David J. Aleshire, Esq.
The person and address to which notices are to be given may be changed at any time by any
parry upon written notice to the other parties. All notices given pursuant to this Declaration
shall be deemed given upon receipt.
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(b) For the purpose of this Declaration, the term "receipt" shall mean the
earlier of any of the following: (i) the date of delivery of the notice or other document to the
address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the
date of actual receipt of the notice or other document by the person or entity specified pursuant
to subparagraph (a) above, or (iii) in the case of refusal to accept delivery or inability to
deliver the notice or other document, the earlier of (A) the date of the attempted delivery or
refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of
receipt of notice of refusal or notice of nondelivery by the sending party.
6.11 Waiver: The failure of a person to insist upon strict performance of any of the
Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said
person may have, and shall not be deemed a waiver of any subsequent breach or default in the
performance of any of the Restrictions contained herein by the same or any other person.
6.12 Attorney's Fees: In the event any person initiates or defends any legal action
or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party
in any such action or proceeding shall be entitled to recover from the losing party in any such
action or proceeding its reasonable costs and attorney's fees (including its reasonable costs and
attorney's fees on any appeal).
6.13 Severability: If any term or provision of this Declaration or the application of
it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder
of this Declaration or the application of such term or provision to persons or circumstances,
other than those as to which it is invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Declaration shall be valid and shall be enforced to the extent
permitted by law.
6.14 Not a Partnership: The provisions of this Declaration are not intended to
create, nor shall they be in any way interpreted or construed to create, a joint venture,
partnership, or any other similar relationship between the parties.
28
335139
6.15 Third Party Beneficiary Rights: This Declaration is not intended to create,
nor shall it be in any way interpreted or construed to create, any third parry beneficiary rights
in any person not a parry hereto unless otherwise expressly provided herein.
6.16 Captions and Headings: The captions and headings in this Declaration are for
reference only and shall not be deemed to define or limit the scope or intent of any of the
terms, covenants, conditions or agreements contained herein.
6.17 Entire Agreement: This Declaration contains the entire agreement between the
parties hereto and supersedes all prior agreements, oral or written, with respect to the subject
matter hereof. The provisions of this Declaration shall be construed as a whole and not
strictly for or against any party.
6.18 Construction: In construing the provisions of this Declaration and whenever
the context so requires, the use of a gender shall include all other genders, the use of the
singular shall include the plural, and the use of the plural shall include the singular.
6.19 Joint and Several Obligations: In the event any party hereto is composed of
more than one person, the obligations of said party shall be joint and several.
6.20 Recordation: This Declaration shall be recorded in the office of the recorder
of the county in which the Shopping Center is located.
6.21 Sale & Sale Leaseback Purchaser: Notwithstanding anything to the contrary
contained in this Declaration, it is expressly agreed that in the event an Owner sells its Parcel
to an unaffiliated third party and thereafter enters into a net lease for such Parcel with such
third party or its lessee or sublessee (hereinafter referred to collectively as the "Prime
Lessor"), so long as said Owner is in possession of the property as a Prime Lessee the parties
hereto shall look solely to said Prime Lessee (and said Prime Lessee shall be liable therefor)
for the performance of any obligations either the Prime Lessee or the Prime Lessor shall have
under this Declaration and the Prime Lessor shall be relieved of any obligation for the
performance of or liability for the Restrictions set forth herein relating to either the Prime
Lessee or its Parcel. Nothing contained herein shall affect the rights of a Curing Party and/or
Curing Owner (as those terms are deemed in the Common Area Maintenance Agreement) from
29
335139
liening the Parcel (in the manner and on the terms provided in the Common Area Maintenance
Agreement) of an Owner acting as a Prime Lessee thereon.
EXECUTED as of the day and year first above written.
Albertson's, Inc.
a Delaware corporation
William H. Arnold
Vice President, Real Estate Law
STATE OF IDAHO )
ss.
County of Ada )
On this J day of 0� 199� before me, the undersigned, a
Notary Public in and for said State personally appeared William H. Arnold, to me known to
be the Vice President, Real Estate of Albertson's, Inc., the corporation that executed the
foregoing instrument, and acknowledged to me that the said instrument is the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he is authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in this
certificate first above written.
My commission expires:
NO tar Public in and for e
p G7eaaxsroy l i
/Star of Idaho
Residing at Boise, Idaho
^, �nOjuG oryC,°A��4S`�Sau
OF
•��Sa TIAP��+
30
• • 335139
FIRST PARTY:
P. S. Center, Ltd.
a California Limited Partnership
BY: Palm Springs Center, Inc.,
a California corporation
General P artneil
BY: .��
Its: A-C 6 c -PT
STATE OF CALIFORNIA )
=� ss.
County of �ie�,C-t �-�.;
On -, S-'jj— a before me, :]—Off(U 13 Scj)�(. a Notary Public
in and for said State, personally appeared ?N it p P. '-C1A - ,
[personally known to me] [proved to me on the basis of satisfactory evidence] to be the
person(s) whose name(s) Ware subscribed to this 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(g) on the instrument the person(s-Y or the entity upon behalf of which
the person(s)-acted, executed the instrument.
WITNESS my hand and official seal. 1�
�pn�nv tti JIDH BB. StJRCt
Fq°. EUAo �
Comm.#102271)1 (,�
r �'NOTARY PUBLIC-CZ ORNIA
�b BANTA CLARA COUNTY 8
Comm.elpit"Oct.1,logs -A
31
• 335139
CITY ALM SPRING ,
munic al co oration
By:
City er
"City"
ATTEST:
t �
City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER
David J. Aleshire,
City Attorney
REC MMENDE
By:
Director o Pu lic Works
APPROVED AS TO OWNERSHIP AND
LEGAL DESCRIPTION
Y
STATE OF CALIFORNIA )
) ss.
County of )
On the day of 1995, before me, the undersigned,
a Notary Public in and for said State and County, personally appeared
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed the within instrument as the
on behalf of the CITY OF PALM SPRINGS, the municipal
corporation therein named, and acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
(SEAL) Notary Public
32
CALIFORNIA,ALL-PURPOSIOACKNOWLEDGMENT • 335139No 5907
State of
County of
On /��'� before me, ti�� �i1� f��� (� 20 ct�'G✓�
DATE' / NAME,TITLE OJ:
((vvFIC O� E E G.,'JJANE DOE,NOTOY PUBLIC"
personally appeared ✓/~ ° _ U.
i NAME(S)OF 61Q R(e)
personally known to me - OR 0—proved-to-me-on--t�e-bas ss�-of-satisfactory-evidence
d to be the person( nrhose nam0TVis/gJT
subscribed to the within instrument and ac-
knowledged to me that he/shgq e.executed
the same in his/hey/ autho�d
EIAiNE L.WEDEKIND capacit (les and that by his/hey/t eir'
NDCOMMT048857 signature(s�on the instrument the personNotary Public—California
RIVERSIDE COUNTY or the entity upon behalf of which the
MY Comm.Expires FEB 3.1999 personO acted, executed the instrument.
s .
WITNESS my hand and official seal.
,n
�a /`�,e�'".•� /Jed > / �o.,C�, i.�
SIGNATURE OFNOTARV
(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
'' ❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
,, ❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
1
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
P
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
1 ' LEGEND •"` a
I1 , rT'NmE1 t 1 I %,q+EPiY/P.VtCEL L,E A"iwuc 'm
L����l.J TLYTA
PPARCEL 1TE FOR
PARCEL
' 5.900 S.F.
I • $000 S.F.MAX '
1 I W/9ftNE THRLL FEAVt IXRY•AYNG � F9(TO SCN£
! 911LdN0 LNIT 11XC
I •-I�C7—TT7�i ply9• ———,—Qp
5P,b00 0•AG'.F. �w/oRvi-1x�tia .sm M.Ax .sm PAD
5o0 MZr. y,GDG rS.F F.SF w ,
MA]L
x/I TLT PRd12M'
i PARCEL
PARCEL 6 1 2
.6.
Tl 4
�• C --_4{t4�nm•a ' - P 1 :� may: _• •,� .^.; {-`••P(�".
1---1
'1 N
- �.1" •' :lAEGti'tl."::.• •'='Y:�' 1 1 ! o
F-
1`--I�+ mW .r ns,• ax> ,.. -------+ -----P-wcEcp ---- 1 1
-
1 SHOPSI SHOPS "u, Ij--- - — 1
1 A7 1 ALBEBTSON'S - �.kR'9 SLOG. -G- 11 IL .,'.1 tT�
24000 SF. 11 7—SJF. ' Aftlte
WX
PHASE Z
g oEacr m .' 1 1
————————————————— "
PARCEL?
I i
GENERAL NOTES EXHIBIT "A' SITE PLAN s°Gnncs
spa MO ie11LY NMI-'% Ai1RK DOCK ORLY TOTAL MAX. GROSS BULDING AREA SHOWN - 220.845 S.F.W.
u , pAnK ETA 11250 S.F.G.B.A TOTAL CARPARKS REWIRED
PER CRY REVIEW 1-']
REST,- USED 1/100 S.F.G.B.A TOTAL CARPARKS PROVIDED *283 043) 6—p
9u.R+C SEtd9X ISOLOW16 1M TOTAL SITE AREA 753,655 S.F.(17.42 AC.)
BY CITY REVIEW.
$ I u�.ona mrcms )K PARCEL 6 4 9 ONLY. tYS2-'9a
*AGGREGATE BUILDING AREA NOT TO EXCEED 195,900 S.P.
LNOECAPE TY
w a SAY 1-_-_-_ BY CITY REVIEW. SIGNED .w Lxxert"A"
xM�x Y GY/1tM
SIGNED 1-20-195 SrtE Plwv
zcl ;,�OL�II S, 1 slcNEo 1-20-'as
�CiLiR6 rCUi DETAQ. EHSTf UNKNOWN ml vpJ SIGNED 1-20-'95
rt t Q HEp✓<SFCOMMERCIAL W.vl„ SIGNED 1-20-'95
/", vsaw'• �• wl, SIGNED 1-20-'95
v)JNCypR SIGNED 1-29=95 cc>y�,X em
LEGEND
I , i
I ! I
PRDPERTY/PARCEL LINE
e III' IALTERNAT E FOR EXPANSION LIMIT LINE
L_7 I PARCEL 1
I I v 15,000 S.F. MAX. BUILDING AREA
4,000 S.F. MAX.
I W1 DRIVE THRU.
i I I HEAVY DUTY PAVING
BUILDING LIMIT LINE
O1 •I
PAD "A" PAD "B''
5,D00 S.F.
------ MAX.(4,000 S.F
MAX. W/ DRIVE -THRU
EXIST.
f TRAFFIC SIGNAL _ I VISTA CHINO
x4 ~---(NEW) RINSED MEDIANS
RT.IN / OUT
LT IN ONLY
PARCEL 2
P 1
3 6
w
,z
Li ur .
• : PARCEL'$.,'
'o-
i.''.' ` + •, CARTS it
1T "
z 12116' &5' 24' 69.67'
o 31,67 PHASE 1-A
SHOPS Il _ ENTRY/ EXIT H PS
' A' ' - ALBERTSON`S
1 12,000 1 50,245 S.F.
S,F.
t MAX. i
PARCEL 9 I
a EMERGENCY EXITS �I
w ELECTRICAL
O1� PANELS ENCLOSURE 571
o 'OQM" TOP
o N 6 LOADING I .
PARCEL 7
w
z
150'MINIMUM TRUCK CLEAR
CART STORAGE AREA GENERAL
WHERE OCCURS HATCHED AREA INDICATES
30, PwNreo srRPES NO TRUCK WEL
11r, BOTH ENOS its TYPICAL PARKING REQUIR
ALL PLANTERS RETAIL
REST. -
oI _� SERVICE DRIVE BUILDING SETBA(
NIN (I'll," B1 CITY
uNLE55 NOTED OTHERWISE
EP
q ' LANDSCAPE REQ
{{ HMyOICAP � ROADWAY __--•—•__— BY CITY
CURB CUT DETAIL ZONING REQUIRE
SPARKING DETAIL (�1 EXISTING- u
1�,yD0,_O„ REQUIRED-C
V
335139 335139
, R
A
1
R
RKB '
Q uM R
0 °v too ORW F
SCALE : P-IOU /..j/DJ�Li F
B
PAD "C" PAD "D" P " PAD "F"
5,000 S.F. 5,000 S.F. 5,000 S.F.
MAX.(3,500 S.F MAX.(3,500 S.F _ MAX.(3,5a0 s.F 9,000 S.F.
W/ DRIVE -THRU) W/ DRIVE -THRU> W/ DRIVE -THRU> MAX' t (PHASE''��//--TRAFFIC
2)
(NMftNSED MEDIANS TRAFFIC SIGNAL
DUT CENTER
Ly 50' PYLON SIGN
'� VASE. 2 .. _ .— —— ..r..-•• -——-�
1 15 1 —1
:4. I 1 1 j•• IG .w 9
�- 1
---_---1
•: =3, ; 4 r e ', PARCEL 6
:•=i(;' ' 'PSG 5 u I a
I I ►—
I.i
PARCEL 10 cc
:�r----- ------ ------ 1 1
---------------- —1 I j LWj
11 - 1
BLbG: "C"
000 S.F. I i BLDG.
MAX, 90,000 S.F.
ir:St; i 11 MAX. 1 I D
I 2 IA: 11 1
% Piki'E 2
- 1 ,
.._.._ .-- .---------- -----!
77
ERAL NOT EXHIBIT "A" . SITE . PLAN
IJQN WELLS,NATURAL DOMMLY'.
G REQUIREMENTS:. J � TOTAC MAX: GROSS BUILDING AREA SHOWN - 220,845 S.F.X X s
tETAIL - USED''1/2_b .' S.F• G.B.A. "•TOTAL CARPARKS ' REQUIRED ' PER CITY REVIEW
ZEST,_ - USED 1/10 S;F. G.B.A. TOTAL CARPARKS PROVIDED X283 (�43)
G SETBACK.REQUIREMENTS: TOTAL SITE' AREA of
CITY' REVIEW. 758,685 S.F. (17.42 AC.)
',i „- X PARCEL 8 & 9 ONLY.
:APE REQUIIREMENTSC." '' X X AGGREGATE BUILDING AREA ,NOT TO EXCEED 195,900 S.F.
CITY' REVIEW APPROVED BY: DA'IEt
' CHARMAN ', - SIGNED' - 1-20-'95
REQUIREMENTS',,::_ _ PRESIDENT SIGNED 1-20-195 s,
ISTMG-,UNKNOWN _ EXEC V.P./$D SIGNED' 1,20-'95•
QUR2EDc COMMERCIALk a sR:v.P./REO SIGNED
I Y.P./RE SIGNED- 1-2Q,95 <
V P./ARCH,-ENO. SIGNED,
• . 3351:19
#06AO -Sunrise& Vista Chino
Palm Springs, California
SCHEDULEI
Legal Description
of
Shopping Center
That certain real property situated in the City of Palm Springs, County of Riverside, State of
California, more particularly described as:
Parcels 1-10 of Parcel Map No. 27975 as recorded in Map Book /8� Pages
YF to N9 , inclusive, of the Official Records of Riverside County,
California.
0
3351139
#06AO -Sunrise&Vista Chino
Palm Springs, California
SCHEDULE II
Legal Description
of
Public Parcel
That certain real property situated in the City of Palm Springs, County of Riverside, State of
California, more particularly described as:
Parcels A, B and C of Parcel Map No. 27975 as recorded in Map Book /J06 ,
Pages L/ to /� , inclusive, of the Official Records of Riverside County,
California.
3351,39
06AO-SCH.DOC #06AO-Sunrise&Vista Chino
Palm Springs, California
SCHEDULE III
Legal Description
of
Permanent Service Drive
That certain real property situated in the City of Palm Springs, County of Riverside, State of
California, more particularly described as:
An easement for driveway purposes 30.00 feet in width, lying 15 feet on either side of
the following described center line, over that portion of Parcels 2, 3, 8, 9 and 10, of Parcel
Map 27975, recorded in Map Book IX, Pages !Pk to V5, inclusive of Maps, Records of
Riverside County, California, Section 12, Township 4 South, Range 6 East, San Bernardino
Base and Meridian, described as follows:
Easement No. 1:
Beginning at the Northeast comer of said Parcel 2, also being the Northwest corner of
said Parcel 3, thence South 00°13'17" East, a distance of 291.33 feet, to the beginning of a
curve, concave easterly and having a radius of 200.00 feet;
Thence southerly along said curve, through a central angle of 15°46'12", an arc distance of
. 55.05 feet, to the point of beginning of a reverse curve, a radial bearing passes through said
point bears, North 08°06'23" East, said curve being concave westerly and having a radius of
200.00 feet;
Thence continuing southerly along said reverse curve, through central angle of 15°46'12", an
arc distance of 55.05 feet;
Thence South 00°13'17" East, a distance of 157.73 feet, to Point "A", hereinafter referred to;
Thence South 89°46'43" West, a distance of 170.00 feet, to the East line of said Parcel 8.
Easement No. 2.
Beginning at said Point "A", thence North 89046'43" East, a distance of 120.00 feet.
V •' bn 10�60 335139
Rrst Arnerican Title Insurance company,
Recording requested by and
after recording mail to:
P.R. TAYLOR, INC.
535 Cowper Street, Second Floor
Palo Alto, California 94301
Attn: Mr. Philip R. Taylor
This space for Recorder's use.
CONSENT AND SUBORDINATION
Taylor Investment Properties I, L.P., a California limited partnership
("Lender"), is (i) a beneficiary under that certain Deed of Trust, dated April 10, 1992
and recorded in the Official Records of Riverside County, California on April 16,
1992 as Instrument No. 136060 ("Deed of Trust"), and (ii) the assignee under that
certain assignment of leases set forth in the Deed of Trust (collectively, the "Security
Documents").
Lender hereby consents to the execution and recording of this Declaration of
Restrictions and Grant of Easements attached hereto and hereby unconditionally
subordinates the Security Documents referred herein as may be modified to said
Declaration of Restrictions and Grant of Easements.
Dated this day of _��q Ae,, , 1995.
Taylor Investment Properties I, L.P.,
a California limited partnership
J
By:
Title:
rA1\43,13M.01 1
• • 335139
State of California 1 on,
County
/, SS. �a � /. `/
Coim o��,,r� ��� J before me
personall appeared
C3—t�
proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument,and acknowledged to me that he executed
MEE]
L NOTARY SEAL the same in his authorized capacity, and that by lets
ORAH J.LUFFTsl ature on the instrument the erson or the entiPublic—Calilornia � p � tj'ctARAcpuNTv upon behalf of which the person acted, executed the
.Expires OCT 14,1%5
instrument.
ITNESS hand an official
C
Notary's ' iature
CC�h 91i RerquwvV By • 335139
First American Title Insurance L'ornpany
Recording requested by and
after recording mail to:
P.R. TAYLOR, INC.
535 Cowper Street, Second Floor
Palo Alto, California 94301
Attn: Mr. Philip R. Taylor
This space for Recorder's use.
CONSENT AND SUBORDINATION
Martin E. Elkort and Edythe Elkort (collectively, "Lender") are (i) beneficiaries
under that certain Deed of Trust, dated April 10, 1992 and recorded in the Official
Records of Riverside County, California on April 16, 1992 as Instrument No. 136060
("Deed of Trust"), and (ii) the assignees under that certain assignment of leases set
forth in the Deed of Trust (collectively, the "Security Documents").
Lender hereby consents to the execution and recording of this Declaration of
Restrictions and Grant of Easements attached hereto and hereby unconditionally
subordinates the Security Documents referred herein as may be modified to said
Declaration of Restris and Grant of Easements.
Dated this —day of October, 1995.
Martin E. Elkort
LeYL
yt Elkort "
PA1\436881.01 1
335139
State of California On ,
SS.
County of before me,
personally appeared
E
>,. PPURDY ,
i4'�'n
01 .;-r, 1- COUNTY � /nh
o me on the basis satisfactory evidence to
'`'"' 1999
rson whose n e is subscribed to the within
nt,and ac owledged to me that he executed
in his uthorized capacity, and that by his
k E E .PURDY o ne instrument the person, or the entity
�.� AruELLs coUNrv� of wluch the person acted, executed the
APR 19,1919nt.e,oa�tr j PURDY my hand and official seal.
COMM.#105W7
NctaN Public.—Callfomia
LOG ANGEI.ES COUNTY
MV(OMM Fx ,•ce'APR 19v1
_ ,;,vetvr.Na:a,'?'%:.ate.,,.«.•
Notary's Signature
State of California On , Q D-F2 I ,�
-�� SS. (�
County of �� � � l before me,
r �
personally appeared
110881E J.PURDY
a' COMM.♦1056347 Ohm I I L GLKL -1—
Z
z ;-s ' Nof Capfamia -�
`" LOSS ANGELE3 COUNTY
My Comm.EnAres APR 19.1999
proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the witl-d n
instrument,and acknowledged to me that she executed
the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
S m hand a o f 1V L
otary's Signa re
PAIW538101 2
. 335139
State of California
County of� ( ' l)o' J�SS. before me,
personally appeared
Qiz�a 2)11 T a�1�
proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument,and acknowledged to me that he executed
the same in his authorized capacity, and that by his
OFFICIAL NOTARY SEAL signature on the instrument the person, or the entity
4.... DEBORAH u.WFFT
Notary u behalf of which the person acted, executed the
yPUWic—Calilornla upon
SANTA CLARA COUNTY instrument.
14 Comm.Expires OCT 14,1905
WITNEi§ my hand and official se
Notary' Sign
PAl\435394.01 2
�.
..t.
,. -�,. ,
. „ + ;;
. . � , .
'.�".'''
335?z9
Recording requested by and
after recording mail to:
P.R. TAYLOR, INC.
535 Cowper Street, Second Floor
Palo Alto, California 94301
Attn: Mr. Philip R. Taylor
This space for Recorder's use.
CONSENT AND SUBORDINATION
Christopher J. Treble and Nancy B. Treble, as Trustees of The Treble Family
Trust (collectively, "Lender"), are (i) beneficiaries under that certain Deed of Trust,
dated September 21, 1994 and recorded in the Official Records of Riverside County,
California on September 21, 1994 as Instrument No. 363078 ('Deed of Trust"), and
(ii) the assignees under that certain assignment of leases set forth in the Deed of
Trust (collectively, the "Security Documents").
Lender hereby consents to the execution and recording of this Declaration of
Restrictions and Grant of Easements attached hereto and hereby unconditionally
subordinates the Security Documents referred to herein as may be modified to said
Declaration of Restrictions and Grant of Easements.
Dated this day of October, 1995.
Q- &istophclrj. re T�6fe,as '—
Trustee of The Treble Family Trust
Nancy . Treble, as Trustee
of The Treble Family Trust
PAI\435394.01 1
335139
State of California On ,
J SS. /
County of w before me,
r ,
personally appeared
k
proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
OFRCIAI 1 TARYS�
-i instrument,and acknowledged to me that he executed
the same in his authorized capacity, and that by his
" �l', ,,;o,,,,,, signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
TNESS hand and 'cial seal.
Not s Signature
State of California On
_D 1�SS. C�
County of--fd Q./(� J before me,
00
personally app ared
proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
or-,ICI ENO ARYSEAL
instrument,and acknowledged to me that she executed
1 0 oFl LurFT the same in her authorized capacity, and that b her
�- blatan public—uilairr a Il y
iiY l,,11 rr ;+ r r,cou v fv signature on the instrument the person, or the entity
c�{y c•,oiYim E.picas OCT sa,irJ95:�.
- upon behalf of which the person acted, executed the
instrument.
CT S my hart offici l se
Notary's gnature
PAI\435394.01 2