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HomeMy WebLinkAbout02185 - PALM CANYON RANCH EPSTEIN SUBDIVISION TM 17470 Order.No. ©OTC a 2000--0009T l F;s row,No. 01/03/2000 08:00R Fee:NC Loari Neu. Page 1 of a Recorded in official Records ` County of Riverside Gary L. orso WHEN RECORDED MAIL TO: Assessor, County Clerk & Recorder II City of Palm Springs Illllllll111111 P.O. Box 2643 _. .� Palm Springs, CA 92263 PAGE� y u SIZE OA PCGR NOCGR SMP MISC Attn: City Clerk — e DEED OF TRUST WITH ASSIGNMENT OF RENTS j A K L COPY LONG 4CFNNO NG _ (LONG FORM) This DEED OF TRUST, made this 1?—" day of &0VCM&,fJQ , 19 between PALM CANYON RANCH, a general partnership herein called TRUSTOR, c/o Selzer, Ealy, Hemphill & Blasdel LLP whose address is 777 E_ Tahquitz Canyon Way, Ste. 328 , Palm Springs, Cali ornia 922 (Number and Street) (city) Pate) FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, herein called TRUSTEE, and The CITY OF PALM SPRINGS, a municipal corporation herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in tide City of Palm Springs County of Riverside Sta`e of California, described as: Lots 8, 11 and 12 of Tract 17470, as shown by Map on file in Book 148, of Maps, pages 14 and 15, Records of Riverside County, California. See RIDER TO DEED OF TRUST attached hereto and incorporated herein by reference. together with the rents,issues and profits thereof,subject,however,to the right,power and atrt,ority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,issues and profits,for the purpose of securing(1) - $ufs-ef S See R11:kR TO®CF II= _ &FId BAOR81GRE , (2) the performance of each agreement of Trustor incorporated by reference or contained herein and(3)payment of additional sums and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,wizen evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, darrnaaed or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to comrriw or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate,fertilize,fumigate, prune and (continued on reverse side) t'93(11� PaSe 1 at A &e,5' do all other acts which from the character or use of said property may be reasonably necessary, the sp tsific enurnerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor.Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose-this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock;when due, all encumbrances, charges and liens,with interest,on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided,then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgement of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demarid-all sums so expended by Beneficiary or Trustee,with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. it is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. - _.- (3) That at anytime or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby,Trustee may. reconvey any part of said property;consent to the making of any map or plat thereof;join in granting any easement thereon;or join in any extension agreement or any agreement subordinating 8 the lien or charge hereof. 12,OU"U CM;M ti (4) That upon written request of beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall reconvey,without warranty,the property then held hereunder.The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.The Grantee in such .� reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right,power and authority, during the continuance of these Trusts,to collect the rents,issues and profits of said property,reserving unto Trustor the right, �~ prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents,issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person,by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid. and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees,upon any indebtedness secured hereby, and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. _ (continued on next page) 1193 t1194 page 2 of F (6) ' That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement tierevrider, Ballefioiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sale having been given as then required by law,Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate parcels,and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale.Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold,but without any covenant or warranty,express or implied.The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof.Any person, including Trustor,Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs,fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof,not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all Ether sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument in writing,substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument,executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators,executors,successors and assigns.The term Beneficiary shall mean the owner aid holder,including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this peed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any parry hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any notice of default and of any notice cf sale hereunder be mailed to him at his address hereinbefore set forth. 'ignature of r tar Signature of Trustor P' MCADM a r �� Pariatr } STATE OF CALIFORNIA }ss. COUNTY OF i r�u:i On Y VO\)Qq.nnho A— .li q i VV"C before me, r personally appeared personally known to me (or_puuced�o me�w tEae baslss�t satisfar� j-ey1dttice)to be the person(s�whwe narnefs}is-'are subscribed to the within instrument and acknowledged to me that heJslae/they,executed the same in his,her/their aut-crized capac'rty(ies), and that by his/hwAheir signature%on the instrument the persons}or the entity upon behalf of which the persons-acted, executed the instrument. WITNESS my hand and official seal. ANNIFER DENM Signature tiA _ �Uvv � Cowm Joni 1137416 overside cowty (Th fo$gflt=MtMX0b§ bV 11.2M] (continued on reverse sir. 1193(1194) � a 9 11111 PaSe 3 of S JJJJ Jill 08 �i:© � ec�r+ DO NOT RECORD REQUEST FOR FULL RECQNVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY,TRUSTEE~: A The undersigned is the legal owner and holder of the note or notes,and of all other indebtedness secured by the foregoing Deed of Trust.Said note or notes,together with all other indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed,on payment to you of any sums owing to you under the terms of said Deed of Trust,to cancel said note or notes above mentioned, and all other evidences of Indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust,all the estate now held by you under the same. Dated Please mall (Teed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. Vr Cl) w LL cc CZ 0 . a , v CC LLI W N Page 4 of 4 Exhibit"A" LEOAI.DESCRIPTION OF PROPERTY The property is that certain real property in the City of Palm Spria.s,County of Riverside,State of California,more particularly described as follows: Lots 8, 11,and 12 of Tract Map No. 17470,as shown by map on file in Book 148,Pages .1.4 and 15 of Maps,records of the Riverside County Recorder's Office,Riverside County,California. l I{I II 11{I If I II 1 11l 2900-6600'1 I I11NI I�IIII IIII�III Ilillll IIIIII IIIII III�IIII Ill II I N1;c73.'4 f' RIDER TO DEED OF TRUST THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated No Vgm a CR i I , 199 1, between Palm Canyon Ranch, A General Partnership ("Trustor"),First American Title Insurance Company ("Trustee"),and the CITY OF PALM SPRINGS,a municipal corporation("Beneficiary"). Said deed of trust is hereby modified/supplemented (and as rmodified/supplemented is hereinafter referred to as"this Deed of Trust")in the following particulars only: 1. Obligations,Seeped. The grants,assignments and transfers made herein are given for the purpose of securing full and timely observance and performance by Trustor of its obligations under that certain City of Palm Springs Subdivision Improvement Agreement executed concurrently herewith("Subdivision Improvement Agreement"). 2. Remedies. Trustor hereby agrees that the City's right to enforce any breach of Trustor's obligations tinder the Subdivision Improvement Agreement shall include, but not be limited to,the right of the City,its employees,agents,or contractors,to enter upon all or any portion of the Property to remedy any such breach and/or perform any improvement under the Subdivision Improvement Agreement at the expense of Trustor.Any expense incurred by City in remedying such breach shall be payable by Trustor to City,in a form acceptable to City,within thirty(30)days of City's written demand thereof.Should Trustor fail to pay City such amount as demanded by City within such thirty(30)days,City shal I have the right to lien the Property for the amount of the cost of curing such breach of any provision of the Subdivision Improvement Agreement, plus any additional costs,incurred by City in attempting to recover such costs,including but not limited to, attorneys fees and costs.In addition to any and all other remedies of Beneficiary set forth tender this Deed of Trust or permitted at law or in equity,if a default or event of default under the Deed of Trust shall have occurred,Beneficiary,to the extent permitted by law and without regard to the value, adequacy or occupancy of the security for the Subdivision Improvement Agreement and other sums secured hereby,shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Property and to collect all rents,income and other benefits thereof and apply the same as any court ofcompetent.j urisdiction by ex parte application and without notice,notice of hearing being hereby expressly waived.The expenses,including receiver's fees, attorneys' fees,costs and agent's compensation,incurred pursuant to the power herein contained shall be secured by this Deed of Trust.rurthennore,Trustor specifically acknowledges that certain non-monetary defaults may occur under this Deed of Trust and in such event,Beneficiary and/or Trustee shall have the right to commence foreclosure proceedings based solely upon such non- monetary defaults. 3. Miscellaneous. 3.1 Severabilit . If any provision of this Deed of Trust or the application hereof to any person or circumstance shall be invalid or unenforceable to any extent,the remainder of said Deed of Trust and the application of such provisions to other persons or circumstances shall not be effective thereby and shall be enforced to the extent permitted by law, 3.2 Attorn_ ey's Fees. Should it be necessary for any party to commence an action at law or in equity against the other to enforce the terms of any provision of this Deed of Trust,the prevailing party shall have a right to judgement against the losing party for reasonable attorney's fees and costs as set by the court.In the event of nonjudicial foreclosure of this Deed of Trust,Beneficiary shall be entitled to recover its reasonable attorneys fees and costs,wluch shall be deemed secured by this Deed of Trust,from proceeds of the sale and/or a condition to reinstatement of this Deed of Trust. 3.3. Conflict. In the event of any conflict between the terms of this Rider to Deed of Trust and the Deed of Trust to which this Rider is attached,the terms of this Addendum shall control. 1 IIIIIII HIM IIIII III IIIIIIIIIIIIIIIIIIIII IIIIIIIII II1I rA,03 5 9oe 8slaefl Palm Canyon Ra ch, neral P ne ip 11 By:__ Stanley mbauJim Its:Managing General Trustor° (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) 2 IIIIIII IN III I 1111111111113 11111 III IIIIIIII III) �'°a 6 of 83 tiaH CALIFORNkA ALL-PURPOSE ACKNOWLEDGMENT ���'=C`.�<-'.,r-tCi��^!`�-�,r=•l,rf•C'�:,�1:;�^.n r;�C%'�c�.�^�^i,TC`���^ CS�:�:rv-'<'�ti'C`ut s�'_�::•(`A:.�s.�...�1:-.z'Y:rG'C�.G•C`�'i:r,^.C('.F!`i��wCh^C,�('�i:^<;:7:s� State of County of i. On 7 : ._.— before me, �rJW;\��x,tr-- t._�.:-1•i`\`'11r� __.,_ r i,�I L7ale Name and Tille of Officer(e 9,"Jane Doe,Notary Public') j personally appeared a Name(s)of signer(s) ` personally known to Me—OR-OR—F9 provecl isfaetor -@videmce to be the person(s)„ 9; whose name(s) is/are-subscribed to the within instrument �J and acknowledged to me that he/she/they executed the Gh same in his/herdtheir authorized capacity(ies);and that by ; U. his/herAheir signatures)on the instrument the person(s); , or the entity upon behalf of which the person(s)-acted, �r JEN"FER DENNIS executed the instrument. > ri Cornmwon 0 1137415 (� R11fBi ido county WITNESS my hand and official seal- (( My corwn.B(plres May 11.2001 ,> Slgnaturs of Notary PublicC71 �' 7 OPTI NAL �> Though the information below is not required by taw,it may pro a valuable to persons relying on the document and could prevent >> ' fraudulent removal and reattachment of this form to another document. II� Description of Attached Document {' Title or Type of Document: c� \ )ZQ-14 (�I i( �,`1 T� 1 <� Document Date: ►�1;4��.rw��[k7��. _1 ����''' „Number of Pages: f; S) Signer(s) Other Than Named Above: {`- Capacity(ies) Claimed by Signer(s) <l �>�y Signer's Name: , Signer's Name: { ❑ Individual ❑ Individual tit ❑ Corporate Officer ❑ Corporate Officer •il `l Title(s): Title(s): SC� 1� Partner-----❑ Limited ❑ General ❑ Partner—L Limited ❑ Generale 1�,' ❑ Attorney-in-Fact nI Attorney-in-Fact �I ❑ Trustee _ El Trustee 61 ❑ Guardian or Conservator _ Ll Guardian or Conservatorjoig ; (I aEZ Other: i Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: >l t 0 1906 Nat(onal Notary A66oClahon 8236 Remmet Ave,P.C.Box 7184•Canoga Park,CA 91302.7184 Prod No.5907 der 9It Toll-Free 1-800-876.6827 c00F1-000971 I 01:'F)3.'c6C70 0C (lLrrl 111111 HIM 111111111111111111111111111111111 IN IN � 8 CERTIFICATE OF ACCEPTANCE TRIS IS TO CERTIFY that the interest in real property conveyed by DEED OF TRUST dated: November 19, 1999 from, PALM CANYON RANCH Trustor, to the City of Palm Springs, California, on this l6th day of December, 1999, pursuant to authority granted by the City Council of said City, by Resolution No. 19695 made on the 1st day of December, 1999, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 16th day of December, 1999, PATRICIA A. SANDERS City Clerk Rev. 3/98 !!4�!!�l11I!!l4�111lIII4lI�! �i�spa�ao�a�alF�fl Subdiv Impr Agr TR 17470 • AGREMWUNT #2185 R19695, 12-1-99 34�`€'19rr1d�9 PCD: IL, °•(, CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT,made and entered into this 101 day of A/&yEAf 8CR 199 9 ,by and between Palm Canyon Ranch, a General Partnership, hereinafter collectively referred to as "Subdivider" and CITY OF PALM SPRINGS, a mrmicipal corporation of the State of California, hereinafter referred to as "CITY'; WITNESSETH: WHEREAS, Subdivider has prepared, filed, and recorded a final subdivision map of Tract Map No. 17470 in the City of Palm Springs, County of Riverside, as approved by City; and WHEREAS, Subdivider, by said map, has secured the required street and sewer improvements via a Subdivision Improvement Agreement and Letters of Credit; and WHEREAS,Subdivider desires to substitute said Letters of Credit with a Deed of Ti ist using Lots 8, 11, and 12 of said Tract Map No. 17470 as security; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately$ 362,724.00 (inclusive of the Desert Water Agency Faithful Performance and Labor/Material Bonds) ; NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows; 1. Subdivider, at his sole cost and expense, shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements, as shown on the "Improvement Plans for Tract Map No. 17470", a copy of which is now on file in the office of the City Engineer of the City and which is referred to and incorporated herein as though set forth in full. 2. Subdivider shall execute a Deed of Trust encumbering the property upon which the subdivision map is being recorded, in the form attached hereto, to secure the performance by subdivider of its obligations hereunder. It is hereby agreed that the amount secured by the Deed of Trust is the cost to construct the improvements,which cost is currently estimated to be $362,724.00. Subdivider shall procure for the City, at subdivider's sole cost and expense, an ALTA Lender's Policy of Title Insurance, in a form and content satisfactory to the City,insuring the priority of said Deed of Trust. The City shall reconvey the Deed of Trust upon acceptance by the City of the improvements, the payment by subdivider of any fees and costs necessary to reconvey the Deed of Trust and the furnishing of a maintenance bond at the time of the acceptance in the amount of$21,954.94. Said maintenance bond shall remain in effect for a period of one (1) year from date of acceptance of the improvements. 3. Before final approval of street improvements, the Subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Final Map. The Subdivider, after setting the monuments, shall furnish the City Engineer of the City of Palm Springs, written notice of the setting of monuments and written proof of having paid the engineer or surveyor for the setting of said monuments, or as provided for in the Subdivision Map Act. 4. In accordance with the terms of said subdivision regulation aforesaid,the Subdivider does hereby agree to furnish a good and sufficient bond in the amount of$N/A(included in the total monies for security) to guarantee payment of the cost of setting monuments as stated in Item No. 3 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be constructed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 6. Subdivider has delivered to city and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined)which are required to be constricted and installed in order to accommodate the development of the property. 7. Subdivider shall perform any changes or alterations in the construction and installation of such improvements required by City,provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. 8. Subdivider shall guarantee such improvements for a period of one(1)year following the completion by Subdivider,and acceptance by City,against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one (1) year period. 9. Subdivider shall commence the construction and installation of such improvements within eighteen (18) months from the approval of this amended Subdivision Improvement Agreement and shall complete such construction and installations within nine(9)months from such date of commencement.This Agreement is to be considered a part of Planned Development District No. 79 (PDD 79) and any time extensions applicable to said PDD 79 shall also apply to this Agreement inclusive of the required security for the Works of Improvement. 10. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written Notice of Default A3 to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. 11. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of any such obligations, including costs of suit and reasonable attorney's fees. 12. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify,defend,and hold the City harmless from any losses,claims,demands,actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney's fees. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. SUBDIV DE . ah Can n Ranch, A Gener I P rt ersh'p By: t n ey Tan nb um Its: Managing neral Partner Address: Mr. Stanley Tananbaum C/O Selzer, Ealy, Hemphill & Blasdel, LLP 777 East Tahquitz Canyon Way, Suite J28 Palm Springs, CA 92262 � - City Clerk City Manager Reviewed and Approved: 1'4 k(-)V 'D 6Y UN,L L Escrow No. Loan No. � DIOC t*2000-0000'71 Conformed Copy 01/03/2000 WHEN RECORDED MAIL TO: Gary t_ Orso City of Palm Springs Assessor-County Clerk-Recorder P.O. Box 2643 Palm Springs, CA 92263 Attn: City Clerk -- SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (LONG FORM) This DEED OF TRUST„ made this ( ! day of NbVEM6FP' 19 79 between PALM CANYON RANCH, a general partnership herein called TRUSTOR, c/o Selzer, Ealy, Hemphill & Blasdel LLP - whose address is 777 E. Tahquitz Canyon Way, Ste. 328, Palm Springs, Calipornia 922 (Number and Street) (City) ($,rate) FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation, herein called TRUSTEE, and The CITY OF PALM SPRINGS, a municipal corporation herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the City of Palm Springs County of Riverside State of California, described as: Lots 8 , 11 and 12 of Tract 17470 , as shown by Map on file in Book 148 , of Maps, pages 14 and 15, Records of Riverside County, California . See RIDER TO DEED OF TRUST attached hereto and incorporated herein by reference. together with the rents,issues and profits thereof, subject,however,to the right,power and auLiority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,issues and profits,for the purpose of securing(t) ra er: e 8Orn-ef $ See FILER To CFED OF Tdbfi - (2) the performance of each agreement of Trustor incorporated by reference or contained herein and(3)payment of additional sums and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, darraged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;to comply widt all laws affecting said property or requiring any alterations or improvements to be made thereon; not to comrn�.or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of lav;-to cultivate, irrigate—fertilize, fumigate, prune and (continued on reverse side) 1153(tts=) Piss 1 OS t � r (VA do all other acts which from the cm'dFacter or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor.Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens,with interest,on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demarid all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. S. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby,Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof;join in granting any easement thereon;orjoin in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall reconvey,without warranty,the property then held hereunder.The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts,to collect the rents,issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without reoard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any par, thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (continued on next page) 1193 (1/9 Page 2 of= (6) That upon default by Trus payment of any indebtedness secured Oby or in performance of any agreement hereunder, Beneficiary may declare a sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shalt deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee,without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale.Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty,express or implied.The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof.Any person, including Truster,Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, tt-eir heirs, legatees, devisees, administrators, executors,successors and assigns.The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any notice of default and of any notice cf sale hereunder be mailed to him at his address hereinbefore set forth. ignature of for Signature of Trustor PALM CPi M 1 a Stanley , GE » Pat-lr-j2c } STATE OF CM IFORNIA }ss. COUNTY OF �, �l e.f'i A A. } On VO\\9 rnhah 1' ,\a 3S before me, personally appeared }cunn�p_t_-TC ,g inV),_Lkuvv, personally known to me (or prayed to nth h 'c of satisfactory avidenra) to be the person(c) whose name*is'a;ee subscribed to the within instrument and acknowledged to me that he/sheA#ey executed the same in his,he4heir aut-crized capacry(ies), and that by hlslheFlFNeir signatures)on the instrument the persons}or the entity upon behalf of which the person(.-acted, executed the instrument. WITNESS my hand and official seal. JENNIFER DENNIS Co Signature an+Non•1137415 Notes Pubic—CONOMlo IT 11,2MI (continued on reverse si 715 Pacee 3 3 of 0}4 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY The property is that certain real property in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: Lots 8, 11, and 12 of Tract Map No. 17470,as shown by map on file in Book 148,Pages 14 and 15 of Maps, records of the Riverside County Recorder's Office, Riverside County, California. RIDER TO DEED OF TRUST THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated NoncmBgA 19 , 1991 , between Palm Canyon Ranch, A General Partnership ("Trustor"),First American Title Insurance Company ("Trustee"), and the CITY OF PALM SPRINGS, a municipal corporation ('Beneficiary"). Said deed of trust is hereby modified/supplemented (and as modified/supplemented is hereinafter referred to as "this Deed of Trust") in the following particulars only: I. Oblieations Secured. The grants, assignments and transfers made herein are given for the purpose of securing full and timely observance and performance by Trustor of its obligations under that certain City of Palm Springs Subdivision Improverent Agreement executed concurrently herewith ("Subdivision Improvement Agreement"). 2. Remedies. Trustor hereby agrees that the City's right to enforce any breach of Trustor's obligations under the Subdivision Improvement Agreement shall include, but not be limited to,the right of the City, its employees,agents,or contractors,to enter upon all or any portion of the Property to remedy any such breach and/or perform any improvement under the Subdivision Improvement Agreement at the expense of Trustor.Any expense incurred by City in remedying such breach shall be payable by Trustor to City, in a form acceptable to City, within thirty (30) days of City's written demand thereof. Should Trustor fail to pay City such amount as demanded by City within such thirty(30) days, City shall have the right to lien the Property for the amount of the cost of curing such breach of any provision of the Subdivision Improvement Agreement, plus any additional costs, incurred by City in attempting to recover such costs, including but not limited to, attorneys fees and costs.In addition to any and all other remedies of Beneficiary set forth under this Deed of Trust or permitted at law or in equity,if a default or event of default under the Deed of Trust shall have occurred, Beneficiary, to the extent permitted by law and without regard to the value, adequacy or occupancy of the security for the Subdivision Improvement Agreement and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Property and to collect all rents, income and other benefits thereof and apply the same as any court ofcompetent jurisdiction by ex parte application andwithout notice, notice of hearing being hereby expressly waived. The expenses, including receiver's fees, attorneys' fees, costs and agent's compensation, incurred pursuant to the power herein contained shall be secured by this Deed of Trust. Furthermore, Trustor specifically acknowledges that certain non-monetary defaults may occur under this Deed of Trust and in such event, Beneficiary and/or Trustee shall have the right to commence foreclosure proceedings based solely upon such non- monetary defaults. 3. Miscellaneous. 3.1 Severability. If any provision of this Deed of Trust or the application hereof to any person or circumstance shall be invalid or unenforceable to any extent,the remainder of said Deed of Trust and the application of such provisions to other persons or circumstances shall not be effective thereby and shall be enforced to the extent permitted by law. 3.2 Attorney's Fees. Should it be necessary for any party to continence an action at law or in equity against the other to enforce the terns of any provision of this Deed of Trust, the prevailing party shall have a right to judgement against the losing party for reasonable attorney's fees and costs as set by the court. In the event of nonjudicial foreclosure of this Deed of Trust,Beneficiary shall be entitled to recover its reasonable attorneys fees and costs,which shall be deemed secured by this Deed of Trust, from proceeds of the sale and/or a condition to reinstatement of this Deed of Trust. 3.3 Conflict. In the event of any conflict between the terms of this Rider to Deed of Trust and the Deed of Trust to which this Rider is attached, the terms of this Addendum shall control. 1 00 • G 0D Palm Canyon R ch, neraZrtneiip By: Stanley anbaum Its: Manning General P ner "Trustor" (TRUSTOR MUST HAVE SIGNATURES NOTARIZED) 2 CALIFORNIA ALL-PURAE ACKNOWLEDGMENT • Stateoi County of w E S� On before me,91 Data Name and Tllle el Onicer(e.g,"Jane Doe,Notary Pub air) personally appeared Nam.(.)of Signers) 1jQpersonally known tome—OR be the person(&). whose name( is/ayesubscribed to the within instrument and acknowledged to me that he/slaekt-iey executed the same in his/het:Ahe+r authorized capacity(ieer);and that by his/he9tke*signature(&) on the instrument the person(s)- or the entity upon behalf of which the person(-#acted, JENNIFER 9ENM5 executed the instrument. 5 S ComrrYvion#1137415 Y •� Notary PLOW—Cdypmq � 7 w.erslae county WITNESS my hand and official seal. m my corr .E4*w Moy 11,2001 �I I' Signature of Notary 3 O T/ NAL Though the information below is not required by law,it may p e valuable to persons relying on the document and could prevent FS fraudulent removal and reattachment of this form to another document. l Description of Attached DDocument t 51 Title or Type of Document: A At � Document Date: nlfj�n c� — Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)��Cl"a''imed by Signer(s) Signer's Name:�lg� 7I"wV1c1n)blLcnv Signer's Name: i ❑ Individual El Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator r Other: Top of mumb here ❑ Other: Top of thumb here r�r t 7� Signer Is Representing: Signer Is Representing: I L�Z_ m 1995 Nat,enal Notary Association•8236 Remmat Ave,P.O Box 7184•Canoga Park,CA 91309-7184 Prod No 5907 � #der: a II-Free 1-800-876-6827 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by DEED OF TRUST dated: November 19, 1999 from, PALM CANYON RANCH Trustor, to the City of Pahn Springs, California, on this 16th day of December, 1999, pursuant to authority granted by the City Council of said City, by Resolution No. 19695 made on the 1st day of December, 1999, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 16th day of December, 1999. PATRICIA A. SANDERS City Clerk Rev. 3/98 Jetty B. Lpstei1i Atty it 'Act Subdiv Tmpr Agr for Tr 17470 AGREEMENT #2185 (Orig 1-31-85) CITY OF PALM SPRINGS signed by CM 1-31-85 SUBDIVISION IMPROVEMENT AGREE THIS AGREEMENT, made and entered into this a/fed �y of �eutin� ✓ lgz; by and between JERRY B. EPSTEIN, ATTORNfY'IN FHT hereinafter collectively referred to as Su divider and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS , Subdivider has prepared and filed a final subdivision map of Tract No. 17470 in the City of Palm Springs, County of Riverside, for approval by City; and WHEREAS , as a condition precedent to the approval of said map by City, Sub- divider is required to offer for dedication those parcels of land intended for streets , highways and other public use, and also to construct and install or agree to construct and install certain improvements ; and WHEREAS , Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an a reement with the City to construct certain improvements; and WHEREAS , the total cost of such imp ve nts has been estimated by the City Engineer to be approximately $ 172,R18. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows : 1 . Subdivider, at his sole cost and expense, shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be constructed as a condition precedent to the approval of said final map and ac e tang p such streets and easements , as shown 'on the "Improvement Plans for l_r-- 1�14— a copy of which is now on file in the office of the City Engineer of t e City and which is referred to and incorporated herein as though set forth in full . 2. Subdivider shall furnish to City good and sufficient bonds executed by a corporation authorized to transact surety businesslj2p� th State of California on forms approved b City, one bond in the sum of $ 8 9. t a r the faithful performance of this Agreement, and one bond in the sum of 96, � .�JO to assure payment of the cost of the labor and materials for the improv_e�ents required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements . The developer shall furnish a maintenance bond at the ;time of execution of this agreement in the amount of $ 25,972.00 which shall remain in effect for a period of one year from date of acceptance of the improve- ments . 3. Before final approval of street improvements, the subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs as shown onithe Tract Map. The Subdivider, after setting the monuments , shall furnish the City Engineer of the City of Palm Springs , written notice of the setting said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments , or as provided for in the Subdivision Map Act. Subdivision Improvement Agreement Page 2 4. In accordance with the terms of said subdivision regulation aforesaid, the subdividerld888 �Sreby agree to furnish a good and sufficient bond in the amount of $ I to guarantee payment of the cost of setting monuments as stated in Item No. 2 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be con- structed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 6. Subdivider shall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable, City standards as determined by the City Engineer, within thirty (30) dayys after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. 8. Subdivider shall guarantee such improvements for a period of one year following t'ie completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period. 9. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Imp!rovement Plans for Tract 17470 by the City Engineer, and shall', complete such construction and installations within nine (9) months from such date of commencement. 10. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written Notice of Default to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. i 11 . In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. 12. Subdivider hereby binds itself, its executors, administra fors and assigns, and agrees to indemnify, defend, and hold the City harmless,s from any losses, claims, demands, actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney' s fees. Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBD By: c/o Best , Best & Krieger (WCE) ' 600 E. Tahquitz-McCallum Way Address Palm Springs , CA 92262 City CITY OF PALM SPRINGS , CALIFORNIA f (/ City Cler� 'City .Manager REVIEWED & APPROVED _74��...... STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On this the 15th day of January, 1985 , before me, the undersigned Notary Public, personally appeared JERRY B. EPSTEIN, Attorney-in-Fact for Bernard Adelaar, Maurice Adelaar and Kaye Adelaar , The Adelaar Family Partnership, Florence Levine and David T. Goldstick, Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Minnie Lee Tananbaum, Florence Levine and David T. Goldstick as Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Barbara Levy (nee Barbara Eve Tananbaum) , Stanley Tananbaum and Doris Tananbaum and Ruta Tananbaum, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of the individuals therein named, and he acknowledged to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Attorney-in-Fact of said individuals , and on behalf of said individuals , said acknowledged to me that he subscribed his own _ name as Attorney-in Fact, and that such individuals executed the same. WITNESS and official seal. �� L'3� %Ctla.I, SEAL STFNJ,4ft1- (�:::� �� NOl"s',?.Y i%UBLit - UL6'�RNIA c�- \`-rsn��.�+%` m7ERS10E COi;':fY � cc��` hAy Comm. E;�,ires f�'R 30, 1935� AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by and between the City of Palm Springs , a municipal corporation (the "City") and BERNARD ADELAAR, MAURICE ADELAAR and KAYE ADELAAR, THE ADELAAR FAMILY PARTNERSHIP, FLORENCE LEVINE and DAVID T . GOLDSTICK, Trustees under the Last Will and Testament of MARTIN TANANBAUM, in Trust for MINNIE LEE TANANBAUM, FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANAN- BAUM, in Trust for BARBARA LEVY (nee BARBARA EVE TANANBAUM) , STANLEY TANANBAUM and DORIS TANANBAUM and RUTA TANANBAUM (collec- tively the "Subdivider") , with reference to the following: WHEREAS, the City Council of the City and Subdivider have entered into that certain Subdivision Improvement Agreement dated 198j- ("said Agreement") , an executed copy of which is attached hereto and incorporated herein by this refer- ence, under the terms of which Subdivider agrees to install and complete certain designated public improvements in Tract 17470 ; and WHEREAS, Subdivider is required under the terms and condi- tions of said Agreement to provide bonds to secure (a) the faith- ful performance of the terms and conditions of said Agreement; (b) the payment of the cost of labor and materials for improve- ments required to be constructed or installed thereunder; and (c) the payment of the cost of setting monuments , as stated in said Agreement. NOW, THEREFORE, the parties agree that in satisfaction of all of the obligations under said Agreement to provide those cer- tain bonds as set forth in said Agreement, Subdivider shall and does hereby transfer, grant and assign the following Certificates of Deposit to the City: (a) a Certificate of Deposit issued by Santa Monica Bank in the sum of One Hundred Seventy Two Thousand Eight Hun- dred Forty-eight Dollars ($172 , 848) , for the purpose of securing Subdivider' s performance of all the terms and conditions of said Agreement; (b) a Certificate of Deposit issued by Santa Monica Bank in the sum of Eighty Six Thousand Four Hundred Twenty-four Dollars ($86 ,424) for the purpose of securing Subdivid- er' s payment to the engineer, contractor, its subcon- tractors and the persons renting equipment or furnishing labor or materials to them for the improvements provided in said Agreement; and (c) a Certificate of Deposit issued by Santa Monica Bank in the sum of Eleven Thousand Dollars ($11 , 000) for the purpose of securing the faithful performance for the setting of survey monuments in accordance with the pro- visions of Sections 11566 and 11592 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Tract Map for Tract 17470 . The parties aar_ee that the Certificates of Deposit hereby transferred, or any funds payable thereon, are to be held by the City in trust for the sole purpose of guaranteeing Subdivider' s performance or payment to the City of the above-described obliga- tions as set forth in said Agreement and any alteration thereof made as therein provided, in the event of default by Subdivider. The funds represented by the Certificates of Deposit, and any interest thereon, shall be released by the City to Subdivider upon Subdivider' s satisfaction of their obligations as set forth under the terms and conditions of said Agreement. The parties further agree that any interest payable or paid under_ the terms of the Certificates of Deposit, copies of which is attached hereto as Exhibits "A" , "B" and "C" , shall be the sole and separate property of Subdivider and the City shall not apply or use said interest, or any part thereof, for the purposes herein set forth. The parties further_ acknowledge and agree that Subdivider shall have the right at any time during the term of said Agree- ment to secure the performance of said Agreement by substituting Letters of Credit or Bonds for the Certificates of Deposit herein described so long as said Letters of Credit or Bonds are in amounts equal to the face amounts of the Certificates of Deposit and are issued by an institution approved by the City, and are in a form acceptable to the City. This Agreement shall bind and inure to the benefit of the respective parties , their successors , personal representatives and assigns. -2- DEOAA/Epsl/1-15-85/bl IN WITNESS WHEREOF , the parties hereto have executed this Agreement at Palm Springs, California, on the date or dates shown below. SUBDIVIDER: s Date: I IS 1985 By: ERRY B. EP �a STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On this the 15th day of January, 1985 , before me, the undersigned Notary Public , personally appeared JERRY B. EPSTEIN, Attorney-in-Fact for Bernard Adelaar, Maurice Adelaar and Kaye Adelaar , The Adelaar Family Partnership, Florence Levine and David T. Goldstick, Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Minnie Lee Tananbaum, Florence Levine and David T. Goldstick as Trustees under the Last Will and Testament of Martin Tananbaum, in Trust for Barbara Levy (nee Barbara Eve Tananbaum) , Stanley Tananbaum and Doris Tananbaum and Ruta Tananbaum, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of the individuals therein named, and he acknowledged to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Attorney-in-Fact of said individuals , and on behalf of said individuals , said acknowledged to me that he subscribed his own name as Attorney-in Fact, and that such individuals executed the same. WITNESS my hand and official seal . F�QPl NOTARY'PUBLC -I'`&IPORNIA l' RIVERSIDE COUNTY FAy comm. eapiias A71t 30, 19IIG TY ATTORNEY, CITY OF PALM SPRINGS By: -3- DEOAA/Epsl/1-15-85/bl O Santa�� wka Ba In .NON NEGOTIABLE-NON'TFAN3FERdBL6 ir✓JT NOI YPE 230074 - 0 1251 Fourth Street SINGLE MATURITY - CERTIFICATEOF, DEPOSIT Santa `Manica, '.CA January"14 s"$5 **** CITY OF PALM SPRINGS **** HAS/HAVE DEPOSITEQ3N THIS SANK I O NE H Jl�]- D F flOCLARS S 1 J2. H48.00 PAYABLE TO ** Same As Above ** `: -•• " - g�I UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED, AT THE OFFICE OF ISSUE-THIS €' CERTIFICATE MATURES JO Days (2-T3-85) FROM DATE'AND BEARS INTEREST AT THE RATE OF. 7,50 %PER ANNUM FROM DATE UNTIL MATURITY, THIS CERTIFICATE EARNS NO INTEREST AFTER MATURITY IT MAY NOT BE WITHDRAWN PRIOR TO MATURITY UNLESS SUBSTANTI AL INTEREST IS FORFEITED YNTEREST PAYABLE- OMONTHLYQUARTERLY ®ATMATURITY HOLD - J FOR BANK USE ONLY AU HuHI U SIGNATURE 11110 16 3 1II' 1s 5 i 1 1,1100 l0i' �X�fll3rd" i rvon-rtewrrwe�s-rtptu�rrzwrvsrsrsne�s CllST NO/TYPE Santa251Fo Fourth S afl�( SINGLE MATURITY 230074/ 1251 fourth Stret CERTIFICATE OF DEPOSIT 01,63 G2 San#a Monica,"GA " January 74 9"85 ** CITY OF PALM SPRINGS *** -HAStPIAVE DEPOSITED;IN THIS EANx *** EIGHTV SIX 1-01EAND FDUR HUNDRED 114FNTY FOUR Doi LaRSs` RIF; AM On PAYABLE TO ** SAME AS ABOVE ** UPON MATURITY AND PRESCNTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED, AT THE OFFICE OF ISSUE.THIS CERTIFICATE MATURES 3D„DaYs (2-13-85) FROM DATE,ANO BEARS INTEREST AT,THE RATE OF. 7.50 %PER ANNUM FRGM DATE UNTIL MATURITY.. THIS CERTIFICATE EARNS NO INTEREST AFTER MATURITY IT MAY,NOT BE WITHDRAWN PRIOR TO MATURITY UNLESS SUBSTANTIAL INTEREST FS EORFEITED INTERESTPAYASLE MONTHLY QUARTERLY ®AT MATURITY HOLD " t FOR BANK USE ONLY AU HORlZED SIGNATURE - - - ii• 10163211' 1: 511L"100101: Xwe 1 I Santa. • w NON-NEGOTIABLE-'NON-Tft ANSFERK�LE CUST WIT pE 230074(005 O 1251 4th ST SINGLE MATURITY CERTIFICATE OF DEPOSIT 0 1.�3 SANTA MONICA; CA. 90401 JANIIARY 14:,e'RF * * * ***THE- CITY OF PALM'-SPR JUGS* *4' HAS/HAVE DEPOSITED IN TH I$,SANK - * * * '*FLFVFN THOUSAND* * * * * "DOLLARS s***j l annn do*** '.. PAYABLETO * * * *THE CITY OF PALMI SPRINGS*.* UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED, AT THE OFFICE OF ISSUE.THIS CERTIFICATE MATURES 30,'DAYS (2-13-85) FROM DATE AND BEARS INTEREST AT THE RATE OF 7.50 %PER ANNUM FROM DATE UNTIL MATURITY., THIS CERTIFICATE EARNS,NO INTEREST AFTER MATURITY,-IT MAY NOT BE WITHDRAWN PRIOR TO MATURITY " UNLESS SUBSTANTIAL INTEREST IS FORFEITED. INTEREST,PAYA BLE MONTHLY []QUARTERLY D,ATMATURITY-FOLD FOR 9AM11K k15E ONLY - AUT RIZED SI GNATURE i n' LOL5331" 1: 5iLL"^00101: I First interstate Bank a „tionis • „_ In nternernational Division �u ®®11645 Box 54191 1 Los Angeles, California 90054 CAE" NL!Ir I.JS T-2fiul.,U' L,T Bank TT �y l' Y� _ '{� p FORMERLY UNITED CALIFORNIA BANK Cable Address I .ILEVOUA.L,L,I, DODUMENTA_RY IJRELIT FICALBANK Telex No,674421 �~ -- �+CTI AND DATE OF ISS. I ,,,,,,. ....T: sl i�, � - DATE �' U'li: D A.I h A;V L YLr, (`:F.'. 0'N �,1,: I17.I 1�C, ,rr- ^e - rn Cl,_ Ct T ! 'I "1pq �'a Lf A,NIGEL S , '120 I'.C:J. I 13 15 1'E73 19 AT 1`. I .b .C . ,LO8 FPi(.L , ,N A y l.l'��.ul(iANrI': 13 E N E4i'11G 1Ai.=r: � JEE 'Y =3. GPSTE'IN CIM C.e` F'AZY"i SPi?INCI'S , u_ A'i'T(7PPIL'Y-Iiv—:n'tlC'PA I''')UNICIPAL COP P'0FAT10N 10 62i 1 ITIA MA)-ITP,fA 320Q/j! Ar. l I'1., N i i:A.I T � ' "7 � J f MI II -_�F i, s MARINA DEL 13RI i'RLM1 SPRINGS , r , �' c, c,. h ; 52 UAI,IICRIIIA J lL.,1 CALT GxfEIA •, ADVISING _BIINZI : PIN 0U111`1': � LIS�i'7% ,�-ki).591 r '_ __ _ - RO - llLREC`1' ONE i3"WIMPRED SE-VIEN'T'Y TWO 'Th001SANJ1 EIGHT _.rT. ,"'� I ernI HT , �G EIGHT iiul4Dl_EL :N -T LIGt". 1 .3D!D. �U/1a UNITED SY?I_S ll01JLARS S4( tiDIT AVAILis131.1y Di ITT ii: FIRST INT.3IiSTkr1,�= 5 BANE U ' CALII'ORNIA , LLA r BY : PAYMENT AGAINST PTIESf,NTAT'TO'\i Ok' r.l ll E �,,. D r t, �,-, ...i,. , , '7 Ih.� " UuIJy�'N1.S :Il_,.1.`_p" IL)ill; "11L!,ii_.I!''J E"Yli t}7+' !ns fQU,R llHAFTS AT SIUy'P D','.AG(N ONI FIRST i11L; 1 c TER n r BANK n r , � .91 �i Ild.LL_' Si.gT.E 'EAfuL OF �,AGTS'O'RP,I6. , LJS -`,`r kNU"EIES 1V 1— YOUR DATED ST.ATEi,iENT, INDICATING SIGNED BY THE DIR,.Pii( TU;3 0E <J0M1VjLfN11.2Y s 'DEVELOPMENT Ok' T;3Is' CI'J'.'Y� OF PALM SPRINGS , A MifMIICIPAL CORPOi,l_TION (•'T�Ijii C1iY") , �,.��,ILIl1� .Y. TN' lHf:i. j1, 1.1 II TLLI , P"'1`1'UPLt�II�.,—T11-9AL"`1.' ( S-J)-PF1IITTDSsl3 � ) , :3A 1V0'1' PD111 ORM1ID id l Ux'CCI-NG- 'I'G- ''I"I��? 5':�.3,!°15 AND CONDTTIJANUARY016,�?98 ,AB' ' AND B'b' lV,U:Elll IRE ON CITY PI&NDSSUr'DTUIDER, &N-D T-ffATL9'i'.:! 1iMOPiiT ?II. .'.+fl l!t 1E'R FIRST INTEPSTATY ,AINK -!'7k' Y;AI,I`C?AlI TO"S AN( l1E;i 'If LFTTCrR OF CREDIT N'OM-. E_: TS Nol, "t)UE' ApIT, :PRY .DI•E'• DOCUMENTS PRIISL'PiTED iEEIREUNDE'll MOST ACCOMiPLNY TIi4, ORIGII4;;T O:e TffIS �rf LE `_ F.� Ue CREDIT. ;s 4.11 "r dE Z:: E J ISS'[L' P iTS DOCUv UPnrh Y CREDIT I1 YOUR IIVO H . IT IS S'UIIJ'ICr 1.) TF1E UPIIsI CCI'S'I'OM5 AND P-4CTICE, TiOIi D0C-dVEP[TARY CREDITS (1CJ86 PrVIS10P'I AM> IR PliINT RNATONAL II + -Ukl IIIUATION NO , p-16!a _PICA u ENGAGES 'OS It+? "9.CUORJ7aNCP 4,`L'.Plf `1'111!; `1'PT1°IS TriE;P! I�'pI', `1'FLT�4 N",1MifBF,P. AND D_a,T=�; O1 ��' s 'lL'1'iIpLC_ILLT'il'DT1�k'UATL 7;Lli BYjNi��U`.L'Iil'IINJf;FiR PPLTSNI'VFI'C1IGlJ1. �_AT �"E1t?UUT'Ji'D ON T9E REVERSE U1' TAIS A1?dlLr :`3Y T'ifll, EAINII:iC :Hfi,R i `i'tlf! i:'R P. I's IS AVA.I.LA.b'I7r. " J �1 r 1 1% r Y L `ail J 6 r 1�T 0 h� Sr is AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE Z, � a NOTE: Presentation(s) to be marked on the back of the original L/C only. DAZE OF AMOUNT IN FIGURES PRESENTATION AMOUNT IN WORDS NAME,STAMP AND SIGNATURE OF THE L°AI\Y i�.,�„�`tiFr.�``,Fr..,�'r�.,�YF.,��`fF.,,�.1�1'(�..ilYCrr z'1(r..ti(r.,`�..,1(�„�1`s'r.,`�r. il'fr„�1'�.,�., '��r.,lY�.,��`'U�.�G�.�1�.,�1'�l.'�r.,�i�"�1���.�'0�.1'Pr•.�'�„��'r�.alr�.i°�.,yl°r�, • First IntersFirst of CaVorni ate Bank International Division !`y Interstate Box 54191 �+ Q3nl< Los Angeles, California 90054 s ronmeR cv um Teo CALIFORNIA anwa Cable Add rf V i T n� FICALBANK Telex No,674421 t- ry , 1 r �4 L�IC .I1I�'IV1.�14 _ ( YLY'�'i I1 1 ', L pall DA.'.'' , I-'' 1 :SU1r, �T 1.A 1.4 �'J? !^I" +J`� li'C1L14'il8 .L,J_ kG1' 1J✓�:' J .)_,C)� i. IV:'.:!'! }.,� t i;}1'1 IPJ4',L:' 1:3 r_.v a IT .1C ''i'1° r. �J L' !.I:..... '! . 1!l s 4 f •71�I �;T! J. U,i, AC f _�`1 . C,11�,7_Y—Zn„'-"r H �� t a il�il�.l�I tl.� l�'�il,Pli��, i J. lUfV Ti 1ltik 5�1�%S'1 .h 'i`rVL hi,l)1'��• I"I i.il:fd.Li.G U!"1 1111.Y �i l°'A.J.i 1.I`l.d. illfJ_ Fi iSZ P.f:..'.!"1 IS.F' i 11\IvL'� f 'h,'',— 1,111 hi!V hl F 1,7 L R1;Ir1SZI'IC' sAIV"!. s 11: .II .N!(I . '.l,h,rl :�i �� , 'd IlIII' i°I�f'-1 0111 I T 01: TIGF; 1. CiVJ C k! P 11J^11I. (,' �-� '{IJ.J NiJ1'1' .d !1'1"1'r! i '!'Ai is i'tE9.v . 7 a\ li;, f11?U1(, , P'11.!!NITIQNAj.; (i17.Je1.'4'Y' 'x ANJWKI) ll fk S 1i'l)L-1J)ILIS: r, ll�i1_T111.'..-Y 1ol I%Ip. 1.1.!':.0 '.�o =I-: _'.`Sy"1,u)J �' 1 �L7• nT 1y1: T2i1!I°:8 RN - G0I'l LI1T1. NS HE II IIN, 1,1rVC I-,AI''!h.4'.C. �41 r � r � yy �' .t J 5r a "�r1 r IN \`u r ^J 15 7 �______` L S w+r'I'_:V TICL !CSiy iN 1 `f 1 1 Z f -4 ? AUTHORIZFp�31GT1ATUREY� AUTHORIZED SIGNATURE n �Il`�"E' `��3'F'T7�'�"y �'rC` 'Tl•° �l' M° '�Jrt y'ww IV a 1�1' ' �� �2 c ,rl c ',l �l lei l 4el �� �1r1 " ` girl /e `�71r1 `9h Ail hA 'Jai" l al � girl I II? gel�I 7�� �hl ,Jlr� i fir s l i,`` �•i:.4.a.. . PIP" rL�e�' - 1 JF fC NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME,STAMP AND SIGNATURE OF THE BANK PRESENTATION AMOUNT IN WORDS I 4m,411 v t . lt�sl' ,lt e.�l�F..,�' 1'F.., '� n'Uml'F,.�lt 'Cr' .�1'F.��'F �'Fl1tF lt✓ t �lr��,�'rr.�>�r 1f� v_ a �.jlf �l._ � >�1r Z�r��lr ZC .far.ir,7-r.�F�1s, � y��.+•� ,µ'me, FirstInterstate Bank0Ca omia -� International Division p .. _ �IPJBFS -rJ 3kIK'r��StlS' Box 54191 • • — Los Angeles, California 90054 , p Bank s 0ui P I-? I' T" b � 18 rORMERIP UNITED cnuFoaNIA BANK Cable Address: r r rl IJa c5 FICALBANIC Telex No,674421 1 U'REXOii A.C1 Lk,' DOU I)C1.6,N T ARY C1'r_ED11 sy EL AC E AND DATE S E Y 1... xl_L 0I' LS,.Ull : ll1;T A�1.D FLAG; Di' EXPI� LOS AiVrz.rF5 * 2v: K]U '1JL,b 1`a N'1;D 1936 9.'}' "' T'- fi, P'. I .b .C . ,LOS H ttG,,LLS r NL 'IV[ l A Y; APPLI i : RE'I EII'IC.IA:''Y: sy Ji+lr�.�+''Y D. E P S TJ,IN C1'1'Y 0IJ' PALM SPRINGS , U AT`1tO',RNA!,Y'—IN—FACT A (', CENII(_'IPAL GOR1?ORA'J'ION 4?.zil. VIA 4'I?3.RINH. 3200 2. TA'13.ODI'1'Z [9C'G'.A.LDUM ';,rAY I �. MARINA DEL RE'Y CALM SPRINGS 0 r{. °DVTSIC�ICd - tiAN ? : NI°0JNITSD36 ,�?4.61f ,s DIRMT F,IG_iIY SI THOUSAND IOi1R HUNDRED r11 1'Y"d'E !TY' FOUR AND 001100 UNITED S'i"A'Y'E DO1L8.RS r s ti� Q CRJ DIm AVAIL ELL VITE : 4'Tf%S1 I1'ThRSTA'T, 4 EANK OW CALI'FORNIA, LA `'Y : NECO`1'IA`IION , AGAINST PR SLIv'i'IsTIOb! A O1 THE, DUC('ME'NTS DETAILED HEREIN AND Cie' Y'.OUR' :O;AFTS AT SIG T DRAT! ON '_nIIRST i; TNT ERSrT'A'.CF :r''Aill rJ:li' CALIYORNIi LOS "0 A N u'1PI1.0 S "J Lr �l �/ram ii� S:r 1 — YOM-L DAi 'I,'l STAT yFn',E Arl , TUL' ICLI :'IE G SIGNED PL T fi= DJT.i1LL1OR UF'' f101w,M'U'vIn T �y )B IIUUPN:: I Ii' Gip 'P.IiE : r`'llY' o)!' P9Liwl SI' illdGa, A P9U'NiCIPAL UURPUHAT'ION r a r' n v r�- a , ,-n ,v T T r CEi1T'IIII.[!Via' J.Eh7 U_�1�=�Y � . LP51'-,Itd , EIPORDIEY _iV—F.7.C1 �. T"I r r T , T B "r' n ,�'- J PAS NOT I`9A:01J §fi`i�I,JvP 1O L`I .r111G1i1y1H, CG1V1?N.C1.O1L,HIS is 11 Ut ��f,I�TIP A�;`Tl lfli� . "i-SONS P,l;ldTIi1 ;G EQ,UIPMI!NT Of. 'i_IIRVISiIt+]C: LCFUR OR r I`IA'tl�rl� .LS TO 'Pl(!IrI FO'N. TP 11 ImPRU2LiIPiC+T SET FORTH =!, T AT CE i iN SU D].VISi.:'ald 1IIP11 C'V MxI T- - uU17T 'r'�ENT PALED �AIVI]l . PG?:ITN " 12'. ' I'TY" AND S'U6DIIl AND 'THAT T'B-B AKOUNY D'li UNDER 1,1aSrT I I'1'h''STL..I.' r,AN K 0F ub1,IF'ORNIA , L 0 S ANGL.L S LF,'TTFx OF ,;RED1111 [v'J'.MBh_R. k` I23c�'9 IS NOV DUE AND PAYABL21 . t DOCILTF: .'Irii'L URLSr;iu1'1D HI51tEUKJDET? l"JUST ' 0IJO _.EPi4Y THE O_dIGINIA.L OF THfIS �. y E 'Nl, ISS (E TPi-IS DOG'Uf`L 1\lTA1i.Y 01REL'IT IN YOUR. :A'VOR . IT IS S"JEJECT rT"0 r TEYI, Li!''IIJ?'Oi3M CUSTOMS 011) PR,AC`1'ICE 'CI_R DOCTjli:Ei')i'1'AR.1 CRE''DI'T'S (i '3i R2`l ISIOW )' 1 "d INU'ERI+IA'THOP!__I (1RA.i'IJ)F.JR Ox iJOi°iii 12i,1, , PA_RIS , E';';APJt E PUr'FIc;1i`T`ION NO. 4u'id 2i411 N Eil I i ' lA r. 1 , I: THE TER MIS r I -,� , TRIT I 4 DATE " US [I 1 CCOi?"L 1vCE G.I1,. 1H'�� T_itl a PLliR:�O_N. 1�=,1: NJM.SE1t AS:IJ 'L117_h: J_H � �i _ I AND "IH_L''I N 'MIa 0'1' OUR BANK" "LIST yEQUOTE!) ON AL,L DIRA-?TS ':`1:I� UIIRED. 1_' `.C2J; t i1q.U1`1' 1S AV_.Ii1 .: 11}; ;8Y NEGOTIATIONI,At;il 1IRESEDI'1"A'1' G9V MUST 73E ' 'UC7'1'1'.;D U,d '.'fAJJ t1.J'd1;1_RS1'I 0,11i Y11IS hIMIuT. L1 THE bAIVn. WfiRRE TPIT G-PEDl'1 IS A�.9.ILL E . J n� ((n l r^ yf rn ? A h s s� -J c PV %� IJ �l yq rrn+ i � DTHGRIZFD SIGNATDRE ALITHORIZEO SIGNATURE �l"� "4`,�,�V 141" �F ` p E d p d d 0 d d d d 1 1 1 1 1 1 1 d p I-p�:LI1F iJ;��na' NOTE: Presentation(s) to'be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME„ STAMP AND SIGNATURE 0•F 1-1-IC RANK PRESENTATION - AMOUNT IN WORDS s^ • First Interstate Bank '��— Firsti of California 7, International Division T ®ntemtste Box 54191 Bank Las Angeles, California 90054 FORMERLY UNITED CALIFORNIA BANK Cable Address. � /��� I,'r �• i'iy rl_ ri J FICA LBANIC Telex No,674421 jr,-,-: — LI l�FI f11 Ulvl.f'I'i'Li —'._ a,j7 C'� N 1� 1)_1'I'R IJ,P' I } [ i1;1 AII.,l_Ul"L' 109'' 1 `i i Iti 'It-Fj `Ll) 1hli' li M r �Y�LlC-rnT 9 i- G I Y L.. LI uIIILiIvL 1t -' 4 T°Iur� lCrTp� �)_+ �l�L111i�71�' � IJ 1'1'Z 'IYIGU IS.A''•Lllvl l'I'AY %ors 4 .I,)ii'-1- il-'Ty i'A_laly: ;'+:'P-1N1, i? .hw1i lJ�i=d lr 13 iiftlir ii_'^i Lr' � ' `d v '.�.. 'J."si sy �VZ= rI15 1 CI-L1 I�ILLP u d sl.i7 1 1d, r`3�� 1,J rI i-1;: h 0'fl�l 1'✓'• ='� h 1V!LP T U IS i i 1r G I'i-ui�'I f SDI i;.U.0 .I' 1�. �a G' r� I I_ 1 d LI lv-ivIT Ir. - Iv v.- 'j ^ ,� '.h. E,.FJC V_' Li)i�L .h Ckl-E�Ill 7_� nlil;;wi��L> � � c� 10 i+')j�l it ld l)'IJ I_7 TO 1't',;'a_SUr�.IfY7 .1.�:1j'( . pti r� N6 li C`.I' ,i ',i 'I'i't11. {'y{I I_ IJJN_,71'1��.) 1'i.h.i-�!°`181N 4jl4tJG�i�.PJL;kii s� hs yy '+ rr "; eu a V FrA "2 0 i Syy �J' �yy rev •"� NSF s r ._�_.._.e7_-l�i'L lil ll�'_ .bl r :._ I_'C t`'....'.__...._.... r 1 I=� ^S Y N. tJ 1lG ii.T1 V)'s 0 0 ! 1 ? AUTHORIZE 'IGNATURE AUTHORIZED SIGNATURE J. '�" � s < 'fie a\ � ��1K"�l'�'r-'����'� '°;�l'Jl�`�J'l�"�rt r-��Jt��-��r��•rt.,��., 2..., ��.., �., `�., NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME, STAMP AND SIGNATURE OF THE BANK PRESENTATION AMOUNT IN WORDS �First California ifornInterstate Bank In ernatirnis International Division 1{,. �6mr�� ir Box 54191 Ally Bank Los Angeles, California 90054 O[V]R I.�NN NUMBER In(—�1Z��8' 858 DOCUMENTARY �]ry(� }� c FORMERLY UNITED CALIFORNIA BANK Cable Address' IRREVOCABLE LVVDM. IvTAlY lY CREDIT J� PICALBANK Telex No,674421 �4 l PLACE -AND DATE OF ISSUE: '� ' DAY'E IiPdD .PTAGL C)t :„�a.I%it'�Y: LOS A.NGELES , 20 F'E:H 19,5 1�j F'. lb 1986 A'.N 1'. I :'_'.•,f . ,7,05 ANGi,L S sl APPLICANT: PEIVE7'IC1AT _ A `i TY OF PALM SPRINGS , ATTORNEY IN0. SLi`AN I UT AMUNICIPAL CORPORATION, e I, Aq 4201 VIA MARINA, 3200 E. T'ABQCIT'Z MCCALL'UM WAY, Y J MARINA DELREY PALM SP.RINUS , CALIFORNIA 92262 01 r rl G'ALIFORNIA 90291 AA4ISINNG BAN.X".- A'i'90'G'NT: USD 1 ,000 .00 I;IR 'C`.i ELEVEN THOUSAND AND 001109 UNITED S'1'A`.C:E S DOLLARS a� �I CHE'DIT AVAILABLE s'II`L'H: FIRST IN`PERSTAIJ A'( BAND` OF CALIF'OYPIIA, 1A BY:. 'PAYMENT,,,AGAINST PHSE I GFE 'A itJ. D( CUM N! DETAIL_D 1IREIN, AND C_V Iti" A` YOUR DRAT'"1'S Ali' STGfl'.I;'- D:RAI"VN " ON FIRST INTERSTATE BNNIK OF CALIFORNIA, LOS 1, 1l ANU' r'T.1'IJLrIS h JJl J lln 1J � Yl sr _ , .� Ir , r�- 1� r t n n sg 1— YOUR DATED STA` TPLM1ENT , INDICATIING SIUNIaD I,Y EE DIPECIOet Ok COMMUNITY s DEIVELOPi�9LNT Or T1iE t.I'1'v OF `PALM SPRIN( S, A MUPITCIYAL CORPORATION ( r'I'HZ` s 'r CIT'Y'' ) , C`7PL'.-VI 'Y;[NG TEAT JERKY B . 'EPSTEIiN , PTTORN:EY—IAI—E'AWk (-SiTi-,DI, 11: l'FI'' ) , ' AS NOT !`N.A.111. AYMENT TO F1.E :N'•NNGIN! ;_S Or, SUP'VI;YO_Pt TOR . y S;;_'T'PIA!G SU:PVI MONLTNiI:I(t`PS IN ACC:i'n'.DANCE' Yii`I`1':d 'I'FE TERMS AN' CONVDITIONS ru Oti li'tlAT UERIfIAI1N SU'BDIIHSION INIPROVEMENT AGREEill"N'T DATED JAWHEY 4-1 1�' ,18cs5�, BY _l`•tD 'H:�.rl';rl•LLN 2�riE CITY PiVu 50�3DIVTD''!:k AND 'i�riP:'1'' T�y.r' AMOUNT n, -1 D-R ' N UNJlfl1 FIST Ii4TERSTATE 1ANK OE CALIFORNIA, LOS ANGELES, LETTER air Os b'?1DIT N' MBI P 129858 , IS NOL, DUE AND PAYABLE . `4 1 r-OGUMENTS PRESENTED i3EF'_;UNDER NEST BE ACCOMPANIED BY TER ORIGINAL OF l.'iy.IS LETTER OF CREDIT. r ;:TI HB ISSUE lIIS DOCUMENTARY CRt llll 14 YO UP - 1AVOP . . I(ii IS SUBJL; i `r0 s` 111.2. ONIF RM CUS"I''OMS, AND PRACTICE FOR DOCUMENTARY CREDITS (19813 REVISION ) , J t IN'TF?�NIATIOItNAL CHAMBER O'F' 'COMME=R.CN , PAtZIS , FRANVCE PJBDICA'TION NO . 400 ANQD "r L[1r,Ar'ES, ',1S IN !W(;0 DA1 0E 1ru'ITli ITH, 'rEI[I,'IS TEERI!OE . THE NCiIi A-NI) DATE OF TER CREDIT AND TAT ' IUA'ME OY OUR EANNK MUST BE QUOT'_�D ON: ALL DRAFTS REQUIRED. ��ti Ili 'TEE CH--VDI`T IrtS AVAILABLE ) Y NEl'OTIATION EI Q.'i PRESENTATION MUST B (,)GoTE:D 1 ON TV:E '?=CVE:B.SI,. OF 7'-3IS ADVICE' RY `i'HE BANK i;7Hi:V.E TrE �;kEDI`1' IS AVAILABLE. ti :F%: r %'r'%r'm"4 •tom=%. 1 nt'>,U'F , it'h::r r r%F%i �s%ic:r:F$t%fa:�c�:$::F.� c:r�::g:FA nc>�'c%F Xt>'r:'F oc%F%rvtc:FY:ry;- _ h�: `� t7 by tw ' l a J L h` CP `h AUT �P �C hi r Ili Pr4 IV/J J ? �/ A THORIZEO SIGNATUREHONIZEO SIGNATURE Jrlu TC��S'�aepF((�JYYt*,AAc�]ryl ] c rpj ill'J��z rl viz�c��l'� ]q t•J a��N�(°' � {�( °lam�{ �rl �.� o� 1 .J 1��� • NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME,STAMP-AND SIGNATURE OF THE BANk PRESENTATION AMOUNT IN WORDS Pm 1 v 1 1 V I a v v 1 ,1, v ,v ,v r t 1 r t r , r t r t ,,>�., ., ,2frr�„�IFrr.,,�1f�a.,a1(rI 4I &lzm.>i.(F.�1W i1G.,,if�.,�.>2 rc,4,q ,U F 1F - 1F.��F.11 ��YFa lIP ,O'P,l' „1'�.,�Ik>>Yr(, r.L.. �,r�1�,1r=1_r.ZF��>z. .vr..zr SFr a Se Bank of California International ❑ Division s F1MC1l.� �' Box 54191 Bank Los Angeles,California 90054 [�� FORMERLY UNITCR CALIFORNIA BANK Cable Address: !A'!E N DIM I Y,Nit '';ILMFI ''LY ' J_ TrJ FICALBANI<Telex No,674421 (�Iji° Id li`I ti Vl_t�. 1—!�i,Jh"l Ei . 6 P11,I( �' akl'. 1j1 1C Vti 1 SU � i' HUL;I,DP1J' J'. ; 1:1. ! �t 'L,.; ;5 1,OS C'l LS , 'L'r 'A r. 1�)I-! M A r. '!fIYS`L'-!''11�' 9 C1''i'2 tJ�l J'.d41.,i'd S.e�FLIbIiS , i t.,GT L'PAL T '4 I, , FL EI( rAJ r•, V �, ro .�s./ J I H. J �I,.1 1 � I- � ''{-, L L I I n A i . �, Ilal, Irl „��yl f�L .rY PAD" ''ii':k11u1,�", , S Ulill`•IG 1iiJl'i ; }jisl, .hl ), Y'.1 . S,I°' iLIMA[`r] ITT J- 'TU _h, ('UpJ ;i1.L' l:d::Jll k :Lirl�'1^y A`l P ,H'1' U.F' '_(�1-ji k•_@ !{T.L{ I. I, 1 1 l°,US1 .i''li H it'1.J-ih, ' LrY_:,.�JS'TO ,d .L, A`r a� s yy �_ iA'P G LI I.` I T l f Ii vl -i _-IJ .L T11 , ,I ) I OT-1-L,L':, rls l�rklWS ii.lV)..� C Ci ILIa 11' {:'I',S 1:J.TI,I� ll ld ll]t LJJ.iLhl t; iili. 0 ii y� i 41 �J `N i K u K I �� Jl s15 f sy �` A� rr `4 a tee. Ok .5__....e_._......_._._.._..,....._._......,...._.....__ _....._ ... ___..__._—__.,_.._._—.__—_—__.-. —____ 4ti Ff 1 y 1 ; Dt- T a r A, a , L AUTHORIZEDSSIGNATURE.„,..._-"— AUTHORIZED SIGNATURE L 5s(` •, :n�j` '` 'J'_ " ,` :'.�1,',,`.. .., `.', `"'>l"IIJl�"�l�„ll`"n" ''�1;`" "'�jl'`' ,1�',�1`_ ijL" L;Iti; 1�4 ��'1�""�il�'' :'?,��.. `� .., .., � ' .ry?_1'_, � J •...° J:IT' S_I.,.Tl,f lv'.f i _._, 73:EC? c;.ul11S1P.(: .:.'Alo NOTE: Presentation(s) to be marked on the back of the original L/C only. DATE OF AMOUNT IN FIGURES NAME,STAMP AND SIGNATURE OF THE BANK PRESENTATION AMOUNT IN WORDS RECORDING REQUESTED BY AND � r� WHEN RECORDED, RETURN TO: .�L�i14 BEST, BEST & KRIEGER (DEO) FEB 121985 P.O. Box 2710 Palm Springs , CA 92263 CITY OF PALM SPRINGS ENGINEFRING SPECIAL POWER OF ATTORNEY Estate of BERNARD ADELAAR, Deceased, by ROBERT W. BERNARD, Administrator With Will Annexed, Riverside County Probate File No . INDIO 6796 ; MAURICE ADELAAR and KAY ADELAAR, husband and wife as joint tenants ; ADELAAR FAMILY PARTNERSHIP ; FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for MINNIE LEE TANANBAUM; FLORENCE LEVINE and DAVID T. GOLDSTICK, as Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for BARBARA LEVI (nee Barbara Eve Tananbaum) ; STANLEY TANANBAUM and DORIS TANANBAUM, husband and wife as joint tenants , and RHODA TANANBAUM, all as owners of that certain real property located in the City of Palm Springs , County of Riverside, State of California, more particularly described in Exhibit "A" attached hereto (the "Property") , hereby jointly and severally appoint and ratify JERRY B. EPSTEIN of Los Angeles , California, as their true and lawful attorney-in-fact to act in their place, stead and name for the purpose of executing subdivision maps , zoning applications , subdivision improvement agreements , security agreements and instruments , and to enter into such other agreements or do such other acts , including, but not limited to, encumbering the Property, as the City of Palm Springs or any other governmental unit, or any lending , bonding or other financial institution may require in order to obtain and record a final subdivision map for Tract No . 17470 on and for the Property. Said attorney shall have full authority to act in any manner appropriate and necessary to the foregoing powers and, by executing this Power of Attorney, the undersigned hereby ratify all actions already taken by said attorney which are consistent with the authority and powers herein granted, includ- ing, but not limited to, executing the final subdivision map for Tract No. 17470 and the Subdivision Improvement Agreement with the City of Palm Springs . DATED: M/AURICE ADELAAR DATED: KAY AD,ELAAR DATED: '� ADELAARV AMILY PARTNERSHIP DATED: LEVINE DATED: DAVID T. GOL As Trustees under the Last Will and Testament of MARTIN TANANBAUM, in trust for MINNIE LEE TANANBAUM -2- S/ DATED: I FLOR CE LEVINE i DATED: DAVID T. GOLDSTICK As Trustees under the Last Will and Testament of MARTIN TANANBAU�, in trust or ARBARA LEVI ( eo Barbara ve T nanbaum) DATED: STANLE TAN B UM` DATED: ,�— DOR TANANBAUM DATED : RHODA TANANBAUM LERN al£a RHODA TANANBAUM DATED: c4-1 ./( /�S� U) , ROBERT W. 'BERNARD, Administrator With Will Annexed for the Estate of BERNARD ADELAAR, Riverside County Probate File No . INDIO 6796 -3- EXHIBIT "A" i DESCRIPTION : j IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS , DESCRIBED AS FOLLOWS : PARCEL 1 : THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST , SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING TO THE UNITED STATES ALL OIL, GAS AND OTHER MINERAL DEPOSITS, IN THE LAND 50 PATENTED , TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE, REMOVE THE SAME , ACCORDING TO THE PROVISION OF SAID ACT OF JUNE 1 , 1V36 AS RESERVED 1N PATENT RECORDED AUGUST . 311 1V51 1N BOOK 12VV PAGE 186 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA . PARCEL 2 : THE EAST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUIHWLST QUARTER OF THE SOUIHWESI QUARILR OF SECTION 361 TOWNSHIP 4 SOUTH, RANGE 4 EAST , SAN BERNARDINO BASE AND MERIDIAN ; EXCEPTING TO THE UNITED STATES, ALL COAL, OIL , GAS AND OTHER MINERAL DEPOSITS, IN THE LAND SO PATENIEU , TOGETHER WITH THE RIGHT TO PROSPECT FOR , MINE AND REMOVE THE SAME ACCORDING TO THE PROVISIONS OF SAID ACT OF JUNE 1 , IV38 AS RESERVED 1N PATENT , RECORDED JULY . 3, 19S6 IN BOgr, 1737 PAGE 333 OF OFFICIAL RECORDS OF RIVERSIDE •COUNTY , CALIFORNIA. PARCEL 3: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST , SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING TO THE UNITED STATES ALL OIL, GAS AND OTHER MINERAL DEPOSITS, IN THE LAND SO PATENTED , TOGETHER WITH THE RIGHT TO PROSPECT FOR , MINE AND REMOVE THE SAME ACCORDING TO THE PROVISION OF SAID ACT OF JUNE 1 , 1V38 , AS RESERVED IN PATENT RECORDED MAY 14 , 1V57 1N BOOK ZU87 PAGE 253 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY , CALIFORNIA . STATE IJF CALIF�r RNIA . Iss. • n COUNTYOOFF Ail C-A5yA _) U ,before me,the undersigned,a Notary Public in and for =' said State,personally appeared Robert W. Bernard, Administrator With Will Annexed for the Estate of Bernard Adelaar, Riverside v County Probate File No . INDIO 6796 E 4 , tr personally known to me(or proved to me on the basis of satis- factory evidence)to be the person(s)whose name(s)is/are sub- OFFICIAL SEAL scribed to the within instrument and acknowledged to me that �_'"�I�'�� JUDITH A STEWART o .K he/she/they executed the same. � .":, P10TARl' PUBLIC - CALIFORNIA RIVERSIDE COLINTf m WITNESS my hand and official seal. My camm. EXpires APR 10, 1926 0 0 Signature j (This area for official notarial seal) Stateof Florida Onthisthe4th da of February 85 Y 19_,before me, SS. Countyof Palm Beach Marion W. LaMott the undersigned Notary Public, personally appeared f7 RHnnA TANANRAUM IX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) i c _subscribed tot. e within instrument,and acknowledged that cha executed it. WITNESS my hand and offici Aseal. TAR" PUBLIC STATE OF FLORIDA a— COMISSION EXP. NOV 25,1987 Notary's Signature EVExAt Ih ss exD GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION-23012 Ventura B1,d.•WOOdlald Hills,CA 91364 State On this the day of 19 , before me, SS. Countyof , V'EISG=RG the undersigned Notary Public,personally appeared Noteiy PL'!-lLC, Ftz`.0 of Plew York rtp. Ot'rL-iO t'7 MAURICE ADELAAR t QLialitled in QLoene Ccunty — Commissicn E>:plres M&I ch 3 1°35 ❑ personally known to me fR'proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed to the within instrument,and acknowledged that he executed it. WITNESS y hand.and officialseal. Notary's$ nature GENERAL ACKNOWLEDGMENT FORM 7110052 NA71nNAl Nnrnav A1111. nn State of On this the 3) da 19-�E, before me, SS. County of LACK WE1 7RIC the undersigned Notary Public,personally appeared Notary Public, 5".a:e of I.IBw York No.01 V1E4%041 A7 Quallflcd In ouc^ns County DORIS TANANBAUM Commission Erplras Iv:a:cl:°0, 1965 , "Personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose names) is subscribed to the within instrument,and acknowledged that she executed it. WITNESS y han and o fi ial seal. Notary's gnature 61 GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd •Woodland Hills,CA 91364 State of On thi the J0 day 19-kY7, before me, SS. County of JACK ,n,1=iCEEFG the undersigq d Notary Public, personally appeared Notary Pubho ;D;e of i le,q York rle. OTY1"e4'o;u7 Qualified in Ouee STANLEY TANANBAUM ns County , RDommisslon Expires tvilri; ;;q 7 egg / �✓ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed to the within instrument,and acknowledged that he executed it. WITNESS m and and official seal. Notary's Sig ture GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Venlura Blvtl •Wootllantl Hills,CA 91364 State of On is the day of 19 , before me, SS. County of 111111 ect Et, the undersigned Notary Public,personally appeared FLORENCE LEVINE JACI< WEIseEPG and DAVID T. C OLDSTICK, as Trustees under the Last Wit Notary Pubuc, s- of n!=w vor and Testament of MARTIN TANANBALM, in trust for EIo. 011'rE4iC4in7 QGelr leo In Qu[ccs r'......;y LEVI nee Barbara e dT1aT7. aLffm ' Commission Expirec;,:_r.L 5 ❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) are subscribed to the within instrument,and acknowledged that they executed it. WIT NE my hand and official seal. Notary' ignature ------------- GEN ERAL ACKNOWLEDGM ENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Venlura Blvd •lWoodl.nd Hills CA91364 Statc of On this the �day of 19 kf, before me, SS. N a County of T24,-R JACK V `I;'. -? the undersigned Notary Public, personally appeared FLORENCE LEVINE NDter9 Fu��u., e -`_ '.; "`_%,Ycr!c and DAVID T. OJLDSTICK as Trustees under the Last Wil k dD' ,� -- and Testament of MARTIN TANANBAui in trust for MINI}TIE �uell'.,;i �� ', _ � C, lrb7 �Comc..3cmn C:,.r�_ ,.t:- �J,-1^CG 7E] Mrsona lly known to me- ved to me on the basis of satisfactory evidence to be the person(s)whose name(s) -are subscribed to the within instrument,and acknowledged that they executed it. WITNESS y hand nd official seal. Notary's Si natu e 61 ------------- GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd Woodland Hills,CA 91364 State of _ (� d 7 �" ( �x�— V On thisthe�dayof �J �����/9�� 19�'v , beforeme, SS. �� ✓ ���c t� County of /�'�-✓ / ``�`� the undersigned Notary Public, personally appeared RICHARD ADELAAR (ADELAAR FAMILY PARTNERSHIP) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument on behalf of the JOSEPH QUINONES partnership,and acknowledged to me that the partnership executed it. LINoLtaryPubNC State of Now YoFkWITNESS m . -2,947361d y hand and official seal. m Kings County Expires March 30,1vi Notary' gnat PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills.CA91364 State of On this the >�day of 19 ,before me, County of the undersigned Notary Public,personally appeared JACK V,"ICEFRG Notary Fubhc, Este of New York KAY ADELAAR No.071kE,70'12-1 , Quelilled In Q.csrs Cjrnty Commission Expires M9 jcn=9, I985 ❑ impersonally known to me "Proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is subscribed to the within instrument,and acknowledged that she executed it. WITNESS Ay hand and official seal. �l 21V Notary's dignature GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION,23012 Ventura Blvd -Woodiand Hills CA91364