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HomeMy WebLinkAbout11 Res 2021-01 TR375061 and Exchange of PropertySTAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 14, 2021 PREPARED BY: Christina Canales, Engineering Assistant REQUEST: Adopt Resolution No. 2021-01 Approving Final Tract Map No. 37506- 1 and Approving an Agreement for the Exchange of Real Property for Public Parks in Connection Therewith. Recommendation Waive further reading and adopt Resolution No. 2021-01, approving Final Tract Map No. 37506-1 and approving an Agreement for the Exchange of Real Property for public parks in connection therewith. Strategic Plan This action has no impact on the Strategic Plan. Background The proposed Tract Map for 37506-1 is located within University Park. The subdivision is bounded by Gerald Ford Drive to the North and Portola Avenue to the East. This phase of the project consists of 236 lots within 49.18 acres. There will be two park areas located within this phase. Tentative Tract Map No. 37506-1 was approved by Planning Commission on November 20, 2018 by its Resolution No. 2745 (the "Conditions of Approval"). This map is substantially the same as it appeared on the Tentative Parcel Map. The present tract map reconfigures land that was previously mapped for the development of this land, including relocating some of the park sites that had previously been dedicated to the City. As per Condition No. 8 of the Conditions of Approval, the Park Land Swap Agreement is necessary to exchange two of the old park sites for new park sites and will result in a slight increase in the total amount of public park land in University Park. Since the original park sites were acquired by the City with proceeds of tax-exempt bonds previously issued by City of Palm Desert Community Facilities District No. 2005-1 (University Park), to comply with bond covenants the City must receive in the exchange land of at least equal fair market value. Per the Park Land Swap Agreement, the Developer will be required to perform an appraisal and compensate the City for any negative difference. January 14, 2021 - Staff Report Adopt Resolution 2021-01 Approving Tract Map 37506-1 Page 2 of 2 Those Conditions of Approval related to the map have been satisfied, and the map conforms to the requirements of the Subdivision Map Act and City ordinances. Fiscal Analysis Once the proposed public streets and parks are completed within this new subdivision, their on -going maintenance will be included in the City's street sweeping and park maintenance contracts. LEGAL REVIEW FINANCIAL Approved as to Form DEPT. REVIEW REVIEW Robert W. Hargreaves City Attorney Tom C.anccet Tom Garcia, P.E. Director of Public Works Janet M. Moore Director of Finance Interim City Manager, Randy Bynder: Synder APPLICANT: University Park Investor, LLC 801 San Ramon Valley Blvd., Suite F Danville, CA 94526 ATTACHMENTS: Resolution No. 2021-01 Conditions of Approval Tentative Tract Map 37506-1 Final Tract Map 37506 Subdivision Improvement Agreement Subdivision Improvement Bonds Grading Agreement Grading Bonds Parks Improvement Agreement Parks Bonds Agreement for Exchange of Real Property ASSISTANT CITY MANAGER Andy Firestine Andy Firestine Assistant City Manager RESOLUTION NO. 2021- 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 37506-1 AND APPROVING AN AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY FOR PUBLIC PARKS IN CONNECTION THEREWITH. BE IT HEREBY RESOLVED, by the City Council of the City of Palm Desert, California, as follows: (1) The Final Subdivision Map of Tract 37506-1, City of Palm Desert, California, is hereby approved as the official map of said parcel, subject to the conditions of the Tentative Map. (2) The Director of Public Works is directed to process the Tract Map for Recording upon receipt of the required payment of all fees. (3) In furtherance of Condition No. 8 of the Tentative Map, relating to the exchange of parkland previously acquired with tax-exempt bond proceeds for proposed parkland, the form of the Agreement for the Exchange of Real Property (the "Park Land Swap Agreement") presented at this meeting and on file with the City Clerk is hereby approved, and any one of the Mayor (or in the absence of the Mayor, the Mayor Pro Tem) and the City Manager (or in the absence of the City Manager, the Assistant City Manager) is hereby authorized to execute the Park Land Swap Agreement and all documents described or appended as exhibits therein which are to be executed and delivered by the City in substantially the form hereby approved, with such additions thereto and changes therein as may be approved by such officer upon consultation with the City Attorney, and to take such actions and execute and deliver any and all documents as are necessary to comply with the Park Land Swap Agreement. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this day of , 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN KELLY, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA [This page has intentionally been left blank.] 1 1 1 PLANNING COMMISSION RESOLUTION NO. 2745 A RESOLUTION ❑F THE PLANNING COMMISSION APPROVING TENTATIVE TRACT MAP 37506 AND PRECISE PLAN APPLICATION 18- 0005 FOR THE SUBDIVISION OF 174+ ACRES AN❑ MASTER DESIGN GUIDELINES FOR A 1,069-UNIT RESIDENTIAL DEVELOPMENT; AND ADOPTING AN ADDENDUM TO THE CITY'S ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN AND UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN FOR THE PROJECT AREA BOUNDE❑ BY GERALD FOR❑ DRIVE T❑ THE NORTH, PORTOLA AVENUE TO THE WEST, COOK STREET TO THE EAST, AND CITY -OWNED PROPERTY TO THE 50 UTH CASE NOS: TTM 37056 & PP 18-0005 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day ❑f November 2018, hold a duly noticed public hearing to consider the request by University Park Investors, LLC, for approval of the above -noted; and WHEREAS, said applications have comptied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act" (CEQA) Resolution No. 2015-75, in that the Director of Community Development has determined that all impacts associated with the development of this project have been reviewed with the adopted Environmental Impact Report (EIR) for the City's General Plan and University Neighborhood Specific Plan and that no new impacts have been identified by this project and an addendum t❑ the EIR can be adopted; and WHEREAS, the University Park project implements the City's University Neighborhood Specific Plan (UNSP) by incorporating specific design guidelines related to subdivision design standards, traffic calming, pedestrian and bicycle connectivity, open space, and housing product variation; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of ail interested persons desiring to be heard, the Planning Commission did find the following facts and reasons exist to justify the approval of said request: . The University Park project, as proposed, is consistent with the goals and policies of the Palm Desert General Plan and the UNSP, including that the project provides a variety of housing options, open space, pedestrian and bicycle connectivity, and density in proximity t❑ California State University San Bernardino Palm ❑esert Campus (CSUSBPD). 2. The University Park project is compatible with adjacent properties and surrounding uses and development standards comply with the approved UNSP for the project area. 3. The University Park project is suitable and appropriate for the property in that the property is mostly vacant native desert land with roadway and utility improvements, and a Specific Plan was adopted for the project site that identifies PLANNING COMMISSION RESOLUTION NO. 2745 this type of housing product variation, open space, and pedestrian and bicycle connectivity, and the uses proposed along with the development pattern comply with applicable City standards and standards approved as part of the Specific Plan. 4. The proposed Tentative Tract Map is not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm ❑esert. 5. The project has complied with the provisions of the California Environmental Quality Act (CEQA) in that an EIR was prepared for the UNSP and that implementation of the Specific Plan through a tentative tract map requires an addendum to the E1R as no new environmental impacts have been identified by the project proposal and all potentially significant environmental impacts have been mitigated. FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with the applicable General Plan and specific plans. In 2017, the City Council adopted an update to the General Plan and concurrently adopted the UNSP. Both plans identified the 400+ acres of vacant land bounded by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and Frank Sinatra to the south, as a unique development opportunity that can capitalize on synergies between a mixed housing neighborhood with strong pedestrian and bicycle connectivity to CSUSBPD. As proposed, the project provides eight (8) distinct housing product types, including alley -loaded homes, apartments, attached townhomes, and detached single- family homes, connected by open space, sidewalks, and trails. The subdivision of the project areas proposes tree -lined public streets, open spaces, pedestrian and bicycle connectivity, and roadways designed for lower vehicle speeds, and implements and fulfills the goals of the UNSP. The UNSP identified 2,700 dwelling units within the project area. The project site, representing nearly V2 of the UNSP project boundary, is subdivided to accommodate 1,069 dwelling units. The density of the project is consistent with the General Plan and UNSP. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the tract map have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan, UNSP, and emergency services. Lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan and the UNSP. All perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways will improve vehicle circulation in the vicinity. 2 PLANNING COMMISSION RESOLUTION NO. 2745 1 3. That the site is physically suitable for the type of development. The 174+-acre site is suitable for the proposed development. Environmental, cultural, traffic, and other special studies were prepared for the UNSP and an addendum to the EIR as prepared to address the specifics of the project. No environmental issues were identified that would indicate that development in this area would be unsuitable. in addition, existing residential and commercial development in the vicinity have successfully constructed similar types of development and no obstacles to the development of those surrounding subdivisions were experienced. Due to the proximity and similarity of the proposed development, it is reasonable to conclude that the site is physically suitable for it. 4. That the site is physically suitable for the proposed density of development. The project site is surrounded by planned residential and commercial developments to the south, east, west, and north. As proposed, the site layout and distribution of residential densities are consistent with surrounding development and the UNSP. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat. For purposes of the CEQA, an EIR was prepared and adopted by the City Council as part of the General Plan Update and UNSP. In addition, an addendum to the EiR has been prepared for the project to address project -specific impacts that were not previously addressed by the EiR_ The addendum to the EIR did not identify any new impacts created by the proposed project. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the tract map is in compliance with all grading, drainage, vehicle access, pedestrian, bicycle connectivity, and parking requirements. The property will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the building and street layout and open space provided throughout the project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways, and the distributed open space contributes to a healthy community and neighborhood. 3 PLANNING COMMISSION RESOLUTION NO. 2745 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed project will utilize and enhance existing drainage and utility distribution easements located within and adjacent to the project site. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will make modifications to surrounding streets to accommodate project access. Pedestrian connections and open space are provided throughout the project area and enhanced pedestrian trails are provided within the project site. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve TTM 37506 and PP 18-0005. subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert. California, at its regular meeting held on the 20th day of November 2018, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: EPH PRADETTO, CHAIRPERSON ERIC CEJA, SECRE)-ARY PALM DESERT PLANNING COMMISSION 4 PLANNING COMMISSION RESOLUTION NO. 2745 1 CONDITIONS OF APPROVAL CASE NOS. TTM 37506 & PP 18-0005 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all buildings, road network, and open space, within the project boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. The applicant shall record Tentative Tract Map 37506 within two (2) years of project approval. Multiple final maps may be recorded for this project. 3. Construction of improvements, in accordance with the approved Specific Plan and Precise Plan. shall commence within two (2) years from the date of approval unless a time extension is granted, otherwise, said approval shall become null, void and of no effect whatsoever. 4. The applicant agrees to enter into an indemnification agreement providing that in the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals, the project approvals themselves, or the terms of those approvals, including the failure to include specific terms, the applicant and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The applicant, at its sole expense shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, damages, or proceeding of whatever nature with counsel chosen by the City, subject to applicant's approval of counsel, which shall not be unreasonably denied, and at the applicant's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the applicant and cooperate in the defense. The applicant, upon such notification, shall deposit sufficient funds in the judgment of the City's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds_ If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, City and the applicant shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Applicant and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third party litigation arising from the project approvals without applicant's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless applicant materially breaches this indemnification requirement. 5. Prior to City Council approval of any final Tentative Tract Map 37506 or, at the discretion of the City Attorney, prior to the issuance of any grading or improvement plans or building permits for public improvements, the applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer and 5 PLANNING COMMISSION RESOLUTION NO. 2745 the City Attorney, guaranteeing the construction of any off -site and on -site public improvements included within those approvals. 6. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved Specific Plan and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 7. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 8. Prior to the issuance of any building permit, the applicant shall finalize with the City a transaction for the exchange of land between existing parkland previously financed with tax-exempt bond proceeds and proposed parkland in compliance with all applicable laws and regulations. 9. A qualified archeologist shall complete a cultural resources inventory prior to any development activities within the project area. 10. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance, all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to the State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 11. Each developable product type shall be subject to all applicable fees at the time of issuance of building permits for improvements within that developable area. 12. All phasing of the project shall develop in a manner consistent with the development standards contained in the UNSP, this tract map, and the master Precise Plan. Ali other development standards not addressed in those plans shall comply with the Palm Desert Municipal Code. 13. All future development within the project site shall generally conform to the architectural renderings provided in the UNSP and Precise Plan applications. Building design 6 PLANNING COMMISSION RESOLUTION NO. 2745 deviations are permitted; however, shall conform to the architectural guidelines and colors and material samples provided for in the Master Precise Plan. 14. Final landscape plans shall be prepared by a registered and licensed landscape architect and submitted to the Department of Community Development for review. The plan shall be consistent with the preliminary landscape plans reviewed by the Planning Commission unless changes are requested by Department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. Landscape plans must meet the following criteria: A. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency Landscape Ordinance. B. Planting plans must show the location of proposed and existing utilities. C. Must match approved civil plans. D. All specifications and details must be site specific. E. Applicants must have CVWD approval of their irrigation plans prior to City approval. F. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. 15. The applicant shall pay into the City's Public Art Fee as part of the development of the Specific Plan. It is recommended that this fee be used for an on -site public art project within the project boundaries. Public Art Fees are due at the time a Building Permit is issued for the development of any Planning Areas. 16. All planning sub -areas and product types, with the exception of the apartment site, shall remain non -gated. There is no requirement to gate the apartment site. 17. Lighting and photometric plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, parking lot, or other lighting types within the project area. 18. The Precise Plan application shall comply with all recommendations made by the City's Architectural Review Commission as noted in their Notice of Action dated September 26, 2018. 19. All mitigation measures identified in the adopted EIR and EIR addendum shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: 20. The tract map shall be submitted to the City Engineer for review and approval. 21. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 22. The applicant shall submit CC&R's concurrently with the final map for review and approval. Once approved by the City, the CC&R's shall be recorded with the County Recorder's Office. 7 PLANNING COMMISSION RESOLUTION NO. 2745 23. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of any permits associated with this project or the recordation of the tract map. 24. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance number 653 shall be paid prior to recordation of the tract map. 25. Park fees in accordance with Palm Desert Municipal Code Section 26.48.060 shall be paid prior to the recordation of the tract map. 26. Subdivision improvements must be completed or a subdivision improvement agreement must be executed, and improvement and monumentation securities must be submitted to the City prior to map recordation. Improvement Security shall conform to Section 66499 of the California Government Code (CGC). Prior to the issuance of grading permits the applicant shall: 27. Submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 28. Identify all proposed and existing utilities on the precise grading plan. 29. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 30. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 31. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 32. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 33. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 34. The applicant shall sign an agreement to install a sprinkler system or equivalent long-term mitigation measure for PM10 if the site is mass graded and subsequently left undeveloped for more than 6 months. 8 PLANNING COMMISSION RESOLUTION NO. 2745 1 BUILDING AND SAFETY DEPARTMENT: 35. Development of this project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards_ D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 36. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 37. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2016 CBC Chapters 11 A & B (as applicable) and Chapter 10. 38. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 39. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 40. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 41. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 42. AD contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC Title 5. 43. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 44. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the street, etc. shall be shown on all architectural building elevations in detail. Any possible 9 PLANNING COMMISSION RESOLUTION NO. 2745 obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or PDMC Section 15.28 from the Department of Building and Safety counter staff. 45. Please contact the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 46. The project may have a cumulative adverse impact to the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population_ This developer will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 47. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to the building permit issuance. 48. Fire Department water systems(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Prior to building permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Other methods for fire suppression may be approved by the Fire Marshall. Contact the Fire Department to inspect the required fire flow, street signs, all-weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site. END OF CONDITIONS 10 Prima t Re L16A-43 -- ''<,.,!-'--1-\'l�jj,LAI-t-}-1-ti-�-t'1.ti-a•H - 11-41111"I 3212 1x1W . PNKS Ora 9r C11rER Poo WEE' 79I am ICI Am. VO-OOVIRE AA0 2EXI-Old 66,. WC. t2/21/2004 YVO 2ne-0144t}4, REC. I0/4/2IIOR ILL 0R. I�i1 03517w 1EIL SUES �ED 6T =OM A KILT+ATOP OUR=FRREV AEI. iWF.Wr1d00, AEC. 7/29/2404 Aw Mimeos. 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LLC 1(Ta® araEr 4 2417 AS n6141° T t0. Tr-17277 900 7 07IC1A4 IROm DEVELOPER UNIVERSITY PARK INVESTOR, LLC 3875 HOPYARD ROAD SUITE 180 PLEASANTON, CA 94588 $(925)467-9900 I RERAL INFORIIATIOI'( 1 lili: 591.19774351 691.2E-013, 664-206-014 694-190-079. 691-190.072, 694-190-070, 494.190-057, 694 190-055, 691 1190.051 2 91(RAl fl NI K5164•1104 10N @11ER N:1060i000 3 MOM: 204114 OE51°N711O PLANED R6IILNTIAL r11511N7 0NCIF7C PLAN 1NI0EI61 TT tE5OW61mD SPECIFIC RAN 115P I tffi0Etl.e1* THE APPRD11w1E AREA Cr PC LA O TO EL a®.1IOED IS CALCULATED Pad REO= DATA AS FOURS fA23 7.644,266 Sr, 41T4 6 AC 5EI: 1,194,443 SF. 1155 2 AC 6 51E SECTS 5.6 rot PRIMED LOT 41A®Li NO SUES. LOT NAEEIG ARE FM I IC11134+uRPOS S MLA 5 ME 10 IL :TICS 9w1 EL IA0EROICUO GAS. SOMEA4 CALIFORNIA GAS OOPANT ELECTRIC 571N3N 0LITONIA [DISC! TEllyl0t RAMMER CAGE ry 515CTMN M E1 Tp40(LLA v04LT NARY DISTRICT RATER COAOQLA vyi7T Na115 DISTRICT STORY CRAIN . 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CALIFORNIA UNIVERSITY PARK VESTING TENTATIVE TRACT MAP NO. 37506 TREE SHEET SHEET no, Hip 200 SCALE 1'.200' 01.12 Af,,lrOng''' / 1%i i ice I REVISIONS •FPF. Salt e, IA Am( p REVISIONS in.. :AIL PREPAREDBM \ \\ 1 \ '\ \\ \ >\ \ \ \ \ 1 \ • 1 �\ icc•� o/ / / / 10,E I,/ �. r�� 11l _/ i '�\\ \ \ `\ \ \\ \\\ / t11 \'I r - ---�-- --� = - • \ ,\ \ \ \\\\f• j — —r ' ) COLLEGE DRIVE Michael Baker 1NTERNATIONA1. 75410 Gerald Ford Odve, 0100, Palm Desert. CA 92211 Phone (760)346-7401 • MBAKERINTLCOM DEVELOPER /�• ( / "tea \\\ \'`,%a \ Y-m N- I \ --- E.EG l'N\\ / 1 1 / 1— LPF CR,c SUL PAL re -m \ \ r \\ 1 \` \ \\ 1 \`\ \ \ 1 \\„ \, \ \ / \k \\ \ / '\1 0 1� a 1' �,rL�'j0� r \ rr '- 11 i / T•-ri0i!,1 \ UNIVER511Y PARK INVESTOR, LC 3875 HOPYARD ROAD SUITE 180 PLEASANTON, CA 94588 1(925)467-9900 CITY OF PALM DESERT. CALIFORNIA UNIVERSITY PARK VESTING TENTATIVE TRACT MAP ND. 37500 BOUNDARY SHEET S 2 OF 9 (MIX RAM) t AIJ-ET LOT .0NRO PACIFIC AVE. ►AD a' NM 10' SC ONO "ALP ED) ►wl.ar I tat 5' MIDEJ RE0EO4NG S0ri4Jc Lao' RID lr (s1n 102 O) 1a ]5' x' f 55' la 7a0 STREET "N" OSECTION Nn C' IS' 4• r r ]0' IQ a r =. r a I - 'j� rt 7> 'j`'' } aM4J1 (P.L'� SPECIMEN / SIt114A cm na cm oD IE4EER[ c[Tr oa (STD I077 PACIFIC AVE. (S10 107) RAI.N1/a tIu1L (SAD 107) (IENI 140) Arm t IC 7' 10' - P4R1AT WT191N0 SETe.a1 ALLEY LOT s s' 14 I 5, - .ROD -' j 7RE I 1 PAD � I T YMIAa.E (UPCR DON11) C[t' COG (STD 102) R/4 1,0' 4 1 OPEN SPACE Ili 1 Mc L07 1 HLE 00 R/M R/M f NA RN I x I WINCE YMIES I AC[ IT C� to 1 la 6 10' IT 7:{.Yji M A 1 I I ZI MIN. 5' 1 5' I 0' s' i I s 75MIN. 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(LI/ LL)I CA Con) 14 I' 00n1 YIN 4'./- PALI w11p COSTING! wr' m® "4L N/6 10 NAMES I LT YIN 1d LAM7TATE 10• 1C rat LOT A101.11 1 (HUA) I ,• ,. 115. f le' 2A' 1 74' 14 76' e' 1r e' AIM"' -+Tr 2AM 7715IT JS1[E"AL1t' Nan "----;LA 1ET NAL (sir 1�)f 1e' 5' ■IOC' IEN ER11Y Cti+r tfa 5100471 (S701O2) SItitL1 GO 74' e' 4r 51' ISO' a 'DUST -^- is!r---1 J IEA 0C51No^' SIOL741L DEIST CI7Toa (STD 102) OM' Nv) PROM TAR) dal v 6 IfexllIII SECTION 175' II .14-Ca �w�rr- IICOST YOYMRIw C7157 51111048 Cmaa (57e• 1071 57r 4r IG0 51100 s[a»LN Cur oa GERALD FORD DRIVE (STD 1p7) (150 NOr) GERALD FORD DRIVE SECT? 150 51' er I' -------- LET (KM TIAO) 74' I fl sumo� rnQ. WALL a' pormentew PORTOLA AVE Michael Baker SECT1oNO ■Ty e INTERNATIONAL 75410 Gerald Ford Delve, 0100, Palm Desert, CA 92211 Phone (760) 346-7481 • MBAKERINTL.COM DEVELOPER: ro UNIVERSITY PAR( DRIVE (76' NO") TION V YIN 9 PAO SECTION e/r 84ELECI-..„ I l4' eouleAnr Walle71 SITE 4' e (YA55 ►A0) MVP. s10R40 RCP.5CQIALR UNIVERSITY PARK INVESTOR, LLC 3875 I-PYARD ROAD SUITE 180 PLEASANTON, CA 94588 l(925)467-9900 AIA LAMING (TIP (5157. 5[OC14P p1ST. CITY CIO (570. 102) VANES 001 SPA0 OPEN AREA 24' -------- ro a. I0 PANEL YIr NO 51750 1 rte 71'/51P-75 Is� S1RLL1[ COLLEGE DRIVE (7r' Nd) C)sacnoN ,R 54600 PER S5P0C 510. 111.5 CASE A MCe (17POM IMP 11911 "PVC S1O. 1I1-5 CAE A TIME 5 MP.) A0A LAM110 (71P ) a Mir PCP. St0EP4A 01' 0. 01 A 2 e SNEET i UNIVERSITY PARK 4 it VESTING TENTATIVE TRACT MAP NO. 37508 STREET SECTIONS & DETAILS `< 01 r Ix TYPICAL INTERSF T10N DETAIL CITY OF PALM DESERT, CALIFORNIA BIN 6' CURB STREET 10' TTHI6EST m' Ia' 56' I T' II' e' '! 0 NORTH/FAST ta' 26' 6 5 PUBLIC RESIDENTIAL STREET TYPICAL UTILITY SECTION NTS * WITH T1-E EXCEPTION OF STREET "N". STREET "0". S t h(ta t "EE" E85I 0 PUBUC RESIDENTIAL STREET TYPICAL UTILITY SECTION NTS STREET "N".STREET "0". STREET "EE" 20' FRONT SETBACK (MIN.) +vR`\� `ORNEWAY TYPICAL DRIVEWAY 56' STREET WIDTH NTS F ESUT 20' EMIT 3' F1E 10' 10' I 3' FtE I I �.— I 20' TOWNHOME PRIVATE DRIVEWAY TYPICAL SECTION NTS 24' R P'_ 10' ARmALK (0' 3 IRE + 23' UDE II/EGRESS EASEIQITS 10 IRIL)ff TYPE 'C' OR$ NO BUTTER PER RIVERSIDE WURV STD DIG 1@ 202 TYPE "C" - CURB AND GUTTER NTS WEL 1 S6' NICE RESTEDIT1AL STREETS TO UTILIZE TYPE Afi 0410 NO GUTTER PER RIVERSIDE CuartT STD DRG NO 203 TYPE A-6 - CURB AND GUTTER NTS 4' P CC 6I74 6464 PO GA RO.OED AIRE TAM 2' WIDE CONCRETE V-DITCH NTS Ve ESAIT 70' E9rt 33' REE I 1D' 10' ! 3' PRE 1 I I rxNAtt 20' 4-PACK P1VMC y IVEWAY TYPICAL SMCTION NTS IT MARK REVISIONS e t PROPERTY LINE 4 d 4 • \,,TI.,4 CCRRACT J7; 12EEIESILMEI 20' COIERICIAL PGA TOM f 51F1tt( "R" Os' 4.40) 13 1 SUTTER tBIL 1 ALLEY. 4-PADS NO TOR I06S STILL UTILIZE COi6ERCIAL DRIVEWAYS PER PALM (MSERT STD (61. KO MS 20' WIDE PRIVATE ACCESS DRIVEWAY NT5 PL/ E PL/ ESUT 20' ESNT 3' NI 10' I 10' 1 3' PTE 1 1 1 yyAA20' ALLEY PTYf'7C tlialaY 1p 4 APPN. OAM 1* "ARK 1 f COLLEGE DRIVE GOO) REVISIONS S6' (a' TIa CCT Waft SECTION NM 14' 16' I4' 6' COLLEGE DRIVE cm� as Us' 4434,) (310 KO) (MOM 20' 10' 10' LIMA* �I I `art COO (Sm 110) 56' 16' B, STREET '5" (SR' Too) 38' AAA TO IC 1C6ICAT50 24' 14' CFEN AREA 1 IVA DOM AT •A6 20. 10' I 10. „TIatr 6 1 LINOS NI L.I 5 5 5' I 9 `SIIETALN `clrr pa �� Ism I@) A 2 YSE.Up 7 +�Yf 24' Ila 0151 ICOODUNG 61tati4 FORD DRIVE C71115 rag (t30' M61 (516- 161) fIj 51' 1 42' } 1RL" TAIL) i IA1* t"e) IYUIEES 15' 5. �y tee. 5 1.4 1011NC1O1 9 me SECTION (TENT Tro) r SECTIONO ers a A.PoR CAM PREPARED BY• POD 1 15' N1N —I 2.2 NIER 1ETERT MVO" ILA`, 4, I1 w 1' I DAMS ORB I GUTTER 101IL010 'SITTDC AREA'iWAIKACC ESI1T Michael Baker { 1---� —� - ' GERALD PR6EL1 dTa"T YARI¢ TSIt11E1oTOPEN AREA WEE „c .Ac L[T�IT • CLE?lllNll,Jt R%RT -�SCWCR IIII` AFOUT IYA1E SEIEA LIFE N 0)LLbt110 r NE 1" PRIG/ alum mw O.EANIUT RI TYPICAL UTILITY DETAIL 4-PACK PRODUCT SGLE 1"•30' INTERNATIONAL 75410 Gerald Fart! Drive. #100, Palm Desen, CA 62211 Phone: (760) 346-7481 MOAKERINTLCOM DEVELOPER: L _4 I f - 1AIQII LDE'_ 4 gTEACLITE ,,, I 11DE�AI R R/Rr 16t 141E.6L1( RnI ackout IT11vATE �, S' RATER L1K I — ' Imo_ 1 7 I� 1Y IYAM N / SERER L[IE Alm 20 J C au NICE ' J _wear 1 aArTE2± if ti iP1.'p ,f IIaINRiCf , 7 - J It2FM10All a • _ TYPICAL UTILITY DETAIL TOWN HOMES SCALE 1'430' R heSENER O.CAHIIT 1 I 20' crT' BIIIDDG 6uIKA(E ^� I. " TIC . Kin LIFE I - a: 1111 UNIVERSITY PARK INVESTOR, LLC 3875 IiCPYARD ROAD SUITE 180 PLEASANTON, CA. 94588 1(925)467-9900 BAWDS 3' 1 1 R w CUB cal 1 MOLDING GUTTER 1. .15 6A1tD04 �C PRIVAT jst:RER L1E1E 1 � g 5,�_ '+< E1114DI(1G BALM MLDIIG (YAMS WATER LITE Od MUM 9)1LDDC !NILOTIC TYPICAL UTILITY DETAIL ALLEYPRQ UCT CITY OF PALM DESERT, CALIFORNIA 1P ENTIDIIG SHEET o6 UNIVERSITY PARK 5 VESTING TENTATIVE TRACT MAP NO. 37508 STREET SECTIONS AND DETAILS OF 1 I q +, k-IP 60 F 245.0 �cAm� ai 2". • 65' 56 _241.5 • 091ALGIdp12111V! 101 j 1 �O221 I7 117'J 14 7 14rak.;45 0 '"'114117 221 3 21Ji 717 s 2N 7I21/ T77=44 57' s44' b': a'" $ Flo=1101 250.0 1225.0 ,�fll �sw'sy' 41. 1 1 . t11 511 ,4F�2�A$� 20•0•'� 2e6 0? l� N/7'41.4 '1 1. - 11i7 759651%EL ---_7.n„;..,i51'20 -swoon-OP J52ARY - 1 a•c Y37'42• r - - be7"37'12' - y-, 54 _'LI46. !7 72013721:320.13:1.7=13323:::. 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Its 6 pte t96 46 a 749 % 41146 4 �17a 1% 3 970 47 7.,53 97 4, 6 j147 5\62 197 3`70 45 9 S 45 l 98 99 j1 3331$Si jl 149 5 2 1119 3 7CI00"R' s° s.1911 lab S,6ta 1150 6N70 12m 36o Michael Baker INTERNATIONAL 75410 Gerald Ford Drive N100, Palm Desert, CA 92211 Phone: (760) 346-7481 MBAKERINTL.COM DEVELOPER TYPICAL LOT SETBACKS 45X90 PAIRED HOMES SCALE 1-433 EXISTING IEDIAN 10 EE 1E0.033 RR IE71 41r0I';L'poi EE SHEET 7 Ek-57'NG 1NSERSEC1Gl/ri17IINS IN E 11e1307E50 I ` 4r1� { :4 1 rG 3T!!M I 11 F4 I II 131.4. 1 T TenrencAL Ct1LNE9 tat $QT K8 tYYF11GJ_U LQF q 1S'LLI4PAj �I,N 1E$ 55x96C ri-licNJILHOMES ififT L- CY WEI_,. I l5JI71P -sr_ mr �}rt� Qy:�s�r4:a��'=v c�a ass trz PORTaLA AYE. 1 LOT Iu1R1X 1 LOT Iu1110 L01S so F7 1 LOTS 201 202 204 25 203 205 4�1 220r 3 7351208 i0 38 573 10 212 212 213 214 215 216 217 216 219 220 221 222 223 224 225 226 227 im 729 Fist 232 233 234 235 235 SO F7 l.�40vv0 3- 3 3 3a6 Nits 5 773 s 112723 5'b72 6 a49 994 231324711 11 5.261 I1 W I I M.4 LOT 517E 11426 SF I9*0R6E LOT SIZE soap SF 1116116E LOT SIZE. 3.600 S .11„ SEfA W IDA R.O1C ACCESS Q Does N(1 MSS MGR © [RAMC moon UNIVERSITY PARK INVESTOR, '!t 3875 HCPYARO ROAD SUITE ISO PLEASANTON. CA 94588 1(925)467-9900 F T4 A 71 a _e � 4C,r4,aR CIA! CR Gimp 4154144I. minor 40' 1 jl I } I� 1- 1321rieJLAT_WaAcCES 4B7!✓i1 Y ROWS -a ®- LEARING/EQIA R/DILIS LDGTH 1 W4'm'41-1 - 164.76- LOTS 90 FT 2 06.37'S9" 1000.00' t15.77' 630 21,�99 3 N17"30'42-1 -- t96.1e' 631 07 "1 4 1726'49- 300.03' 91.35' 632 5.0 5 4G0-03'63-1 - 1113.10' 633 13 6 90'00'00" 2h, 00' 314.16' 634 1O106 1 7 N69'S6'0TE - 725.23' 637 S7� 1 6 N69.46.27'E - +Or.71' 636 2'472 1 9 14'21''9" 1500 00- 315.52' 637 2 247 I 10 64"09'IS- 010.re' 56.13' 53e Yi t t rG0•D2'30.1 - 7DI. W' 639 1e I7 66'06"�" 53 00' 13.01' e16 42 13 N6e"'0'43"1 - 13I.10' 641 15` 14 21-53'10- 21A.IC- 76.40' 612 14�7`19 15 199.56'0YE - 611 51' 613 2 319 m 15 90'110'00- 60 CO' 94.15' 644 w 17 N00'03'53"1 - 200.00- .615 1` I ', 16 406'03'53 1 - 260.00' 1646 20335.7741 m_ 19 N60.56'07'E - 611.23 1647 3 20 1G0-03'S3"I - 321.10' 1640 n 21 24.2010" 200 LII' 04 97' 549 o 22 N24'21'23-1 - , 25 60' 600 4 23 M3'11'431 - 75.67' 651 1.Z9 ' t 24 16'49'10" 300.00' 66 07" 25 109"56 07-E - 3.04' 1 25 199'56.07'E -.41' } I 27 NCO.03'53"M - 13.22' I 25 89'59'19- 17.06' 53.24' 0 1 Ti 799'56-16-E - 44.02' E 35 17'37'•2- e00.06- 246.02' 31 90.21'27' 5.7.00' 53.56' y 32 N16'01'51-I '• ,ale,25' 33 17'S7.56' de.00' 760 55- 34 1Gp'43S3'1 - Iy ,dt 35 N69.56'07"E - 76.60' `8 36 I7.37.95" 200 00' 41.55'_ , 37 1172"10'ICE - .90 04' 1 36 72.22'01" 53.00' 54.94' 1 39 100-0153-1 - 597.09. 1443 4, i ® NI rupee rot mars +90 me NO twosI[4C10nML 111:1E713 .N I AY9R CF FA .1 h OF P7411 EE'SERT AS SE7 PORN W A 11061FNT I1�JC1 01302831 29 2066E torsou04T 40. 16- 91el1 01 710 15-151662. 6010 15 01 141A2. 717,.131-4. 1' q 1, L21E/QNIE 0A3A TA9.E 7.611-ESI4ENTIAL LOTS MATRIX CITY OF PALM DESERT, CALIFORNIA SHEET - AREA 1 of 9 4 �x UNIVERSITY PARK 6 VESTING TENTATIVE TRACT MAP NO. 37506 FE r -I-; r 167'01'46'E_ I24 9559.56 —0 E 360' • E315T114 IE33I4N IO EE 17 uCED FCR N . IMts00c ICN a). N W 4A Ex15TING IN1EAgCTI1I*) T1:NS TO E 4044119m 2540 !ta! 1wd b4 I 9r raft 8 REVISIONS Apra ;.aR •� uu. 63 REVISIONS R/6 15' 1' 6' f1b1'9 I II 5.1'21'w 36' 10 6 105 36' 16 ro' f} am 63 PACIFIC AVE Warm (toe' ROW) R. N' 16 _ 9 2941N wx 2a11a 1 2. MAX ,r . .1' 9' I ►44x 9 o0C1e4JlSIOE#ALK 01m a {>tA1 I)WM" PACIFIC kIFE. k :.CLIr iL DR wFa91 (76' NMI 36' -. 9 -1- 9' - 5'• 21' Rh# i 7949N 2 1 Wx. 2 OK 2 OM r t 2 00s 2 — IENRRING� 1�Z�.-- - - - 19,- 510E94L7C cue k f pqg k SILE1w h CIRIER CRIER SERALCI FORD DR. DISTING 113• v0. SETFR STOB TO BE 4130O9EA 53 7.I7A SPSE7a40C } ' I1 1 I 1C4R.VE SETB4OC _II [V116W_SETB�PC� -F 4 TYPICAL LOT SETBACKS 55X90 CONVENTIONAL HOMES scJLE 1'•30' 50 pvic I1 51 II SL TYPICAL LOT SETBACKS 50X100 CONVENTIONAL HOMES SALE 00 200 ..0 SCALE, 1106' vr1 1 =uc PREPARED BY Michael Baker INTERNATIONAL 75410 Gerald Ford Drive, *100 Palm Desert, CA 92211 Phone (780) 345-7481 MBAKERINTLCOM TV/LOPER: LOT MATRIX LOTS 90 FT 237 - 235 239 240 I41 242 243 244 245 246 6 �696 Ato Am 6 600 6164 24E 5.016 249 5,010 250 5.011 251 5 011 252 5,0t0 253 5.497 254 5.7055 756 5 )36 257 4. 250 {, 259 4'--- 260 4 930 761 41 3 252 667 223 264 255 256 267 126a 289 270 1271 1272 273 774 275 275 277 273 279 2110 261 262 263 254 1265 1286 7 179 d ` a 'ate ay 6 496 6 st IRO e1�9s6 6139 6� 6 1fl5 17523 6 43 5 S. 5,0 3 8.171 LC7 MATRIX LOIS 90 FT 207 9,2561 26a 5.347 5 269 290 54`27I 291 5.II71 292 5`227 294 55`17i 293 295 5.e21- 29E 5 474 me s297 � 1300 a 793 301 303 7 903 304 eats 305 5.rr7l5s 306 e.101 307 a442 36e 5 309 5. 310 55 ` 505 5 5. 551 1711 311 312 313 314 315 31e 317 316 1319 '320 321 7 l52 322 323 6. 6t 324 6.769 325 7 p15 326 7 4 327 7,I `:1 329 7`}t2l 320 330 6 571 331 6)h6 334332 122 7\)\3 IMAX1W1 LOT 512E. 12,553 9' 333 335 7,204 1LYF7tA1 LOT 511£� 6`xT SF 356 7.310 14.41111.111.07 51ZE. 4.950 SF Io4-RESIDENTIAL LOTS 6417115 I LOTS so n 652 653 554 555 656 657 656 659 660 661 662 663 Lot MATRIX LOTS 5O IT 337 7 1411I 335 e`95 340 85131 339 343 A1S, 345 5,961 346 7\65�7 347 7 3.79 346 349 7 7 1350 1351 5 463 1352 5, 1354 1353 9 232 355 3 510 360 5:4921 361 ti 362 s 492 363 5'1\9�6� 264 6,390 365 7 111 366 6 10 357 368 6i9e 1369 11764 1370 5145 1371 5,2t9 1373 1374 6757 1375 4 375 137e �s 9� IMO (950 301 Si57 762 6.276 A 4 E45E1670 Fat 1NOESS 61) MS NO RI0r1S 111CII004L A IIevTO IN FAYR CF CITY C► FOCI OI51397 4 MJIICIF4L COtPRATI04, 43 SET F91TH IN A 000AOMT FED0GE0 IECL16451 29. 9.06 A9 I164161136 10 09-9516e4 CF 971C17L KONG UNIVERSITY PARK INVE°TOR, 'LC 3875 HOPYARO R'AD TE 'BC PLEASANTON A. 94588 1(925)467-9900 1660u 61� 039 109,676 11144 3 sa2 6 11 49>673 I L1NClO1NE p414 TAIE i 1 ® ItARII2106114 RA0111s LE)GTM 40 1439'56'07"E - 356.99- 1 41 120'42'06" 515.00' 1054.92' 42 1130'36'131 - 263.91' 13 f100"03"53' - 600.56' 44 99 66'69 51.00' 63 2 ' 45 N59'56'077 -• 202 93' 46 44'29'27 603.03- 465.91 47 945'34'26 I -- 126.43' 46 44.29'27• 600 09' 465 9t- 49 9O1.01'S6-9 - 90.53' 50 17'37'41" 1233.o.- 379 35 51 ro'O7'2a" 5.300' 64 67- 52 451'24'48'E -. 164.09' 53 87'22'44" 53.00' 76.20' 54 16"21'S0' 1193.50 340.73' 55 N67'S7'54_I - 364 94- 39 02'34'01' 303.00' 327 60' 57 Ne3'46'46 .. 71 05' 56 15'50'41 400.00' 110.62' 59 1Q0'03'53'I -- 60 !Iii..! 52'34'01'200.00' 61 1452'37'547 62 21'37'39" 303 00' .63 1E4'15'33"W- 1 64 70'45'40- 303 03' 56 35' 1 65 Na4'56'477 - 157.64' 1 66 N39'00'93'E - 269.27' 1 67 06'24'36' 1000.10' 94 43' I 66 444-25'34-E - 97 93" CITY OF PALM DESERT, CALIFORNIA UNIVERSITY PARK 7 VESTING TENTATIVE TRACT MAP NO. 37508 AREA 2 SHEET OF 9 H:\POAUA\165380\CADO\L ND\TITAWNIVER517Y PARK\161380-M1-CO7OWG STO11FFER. JASON A 6/29/2OI6 5:30 P1 4 \' \ 1M 00 '9 200 J00 SCALE. 1'•100 6T raA• REVISIONS Arch. 041E IIT r..aI REVISIONS A4•41. :.ATE PREPAREDBY- 4713 150.0 `7. -'1 E0 7 TYPICAL LOT SETBACKS 40X80 ALLEY HOMES SCALE 1'-30" co •Pe6'56'ID-1 ▪ EXISTING; MG PARUNEIORI01 MEN ST0A¢4 4.4 AC n 1' TO LE \V® IOP 1'a.i .ti +Pk 694-190 054 I 9 Michael Baker INTERNATIONAL 75410 Gerald Ford Drive. N100. Palm Desert. CA 92211 Phone: (780) 348-7481 MBAKERINTL.COM • 'I EXISTING 6. 187 SEIER 5T16 193.4B INY •/- t 60 n r-ITYr4G TYPICAL LOT SETBACKS 80000 COMS!)O 4AL HOMES LD€ALRVE DATA 100..E @ BEARING/17EL1A 1U107175 LEHGiN 67 106-43'46-9 98.06" 60 47'41' 250.03' 20e 06" 69 33'35'07' 532 00' 311.64' 70 15'23'26" 532.00- 143 68' 71 48'40'36' 250 CO" 212.39-- 72 N25'50'S8T - 100 98- 73 414'14'51 - 246 91' 74 N24'05'41- 95 79' 75 2e'27'27' 500.00- 248.34- 77 23'09'01- 700.00' 315 16 t 76 N75-45'09-1 -- 496.154' 79 10'79'44' 1000 CO' l91 9r I60 1452'51'0111 - 161 e0 e1 87'O1'J1- 53 07' 60 sl' (Q 2r01'32- 600:ao' 3m SS" Lf Farm' 11 'I30 09' 64 45'37'le" 600.00' 637 CO' 0271"1 a5 N45'37'14-8 - e90 29' 66 50103'37" 1000.00' 175 56' 67 111e-04'23-E - 251 99" Be 55-09'51- 1000.00' 1039 62' CENT 1 69 147e'06'00"E = 267 m- 95 N37-44'05-9 - 63.05" 96 14'52'OT 400.00" 103 79- 97 1452'36'067 -- 92 32' 96 23'09'01' 1061.00' 423 70' 99 7475-47'09'1 - 625 55-- 100 N,4'14'517 - 66.00- 101{4e'4l'3d 300.00' 774 95' 11)2 N49'4S'30-1 - 435 31- 161 77'20'17' 53 CO' 71 66' 104 34'45'11- 30070' 131 97' )g 7154'00'31-E 12 97" N69Y7's1'1 71.37' LOT YATRI0 1' T YATRIX L0T 1111a11 -C' MATRIX LOTS Sp FT 1075 50 R L015 50 R UITS SO R 1.._ e3 • + 207 1434 7 SSI 4e6 6.332 510 a See B4 3 143b7,' 354e9aW1 5416�7185 J\110T IIJ6 6`00�1 490 ' 49 512 74.1331 !e6 3``+09 1+37 a\0,321 +9, 1�``931 S{! 130211 367 4,843 1438 e.D4i {97 6,D70 544 f0126 See s`T2e +]9 a 536 +43 e,�e+ 549 "30 ]69 3 EYd 440 ;CI .+w 4�/T1� 546 tow 390 3).93 441 f5001 1465 Y 5211 5+7 0 70 301 3 491 KZ 7�'!W0 1+96 9" 546 6 371 792 3 \75 u3 7 ``7`m� 147 7.9+1 549 9 393 3�75 +{{ 77�oo2 496 7.202 SSO �%7 3394 95 3 W71 el`n 499 6.141 551 lD126 sao a Do0 a Sle 4' 131 u1 7 501 6 397 ]Z751 41e 9, 502 d, rim LOT 512E 11,431 SF ?� 390 3`'901 441 6,91) 502 eI.000 Arai= LOT S17E. 3 431 4l ]99 J `�76 4S2 6.161501 6 YIN[W1 L01 51IE 3� SF m 400 ] i!7 4 3 9.221 sos d.��i 101 ]i9S 4S4 a s96 506 6`oD0 +oi 7.560 Ise 6 102 507 7',0 R 403 J``T4, .56 6 I 506 T.3{5 I L075 7641R�NrIN. m 404 5.672 4 1 7 g�� 709 7• 12.p71 405 4.299 1456 l``91�1 sw 111.6714 406 s,206 N59 6`y47 511 376 666 le,JO 407 3.2e0 1460 6 7 512 ail? IIOe 3 2e0 1461 7`295 Is13 6� �T 1+0 \i1O 409 414e 462 9\\!ID__I 1514 f261 1I' 3' 419 4`266 463 9' 5I ISIS 13 670 19.ee0 S e67 164 0 I I516 7, 173 4 7 465 91401, s1T 7\35 Cn 27 441 41J 4 `S'S2 +6a G`� s,e T-J7G 414 34 121 467 e`9��0' 510 a 435� 673 5+ �2 0 415 41561 466 a 0.77 520 6 0 67s ] r32 >v '• l,1 416 3:: 469 e114 527 Tly4 AS �' `. k 417 470 9 S22 e ] 1677 3 416 {71 523 6 7O2 2S 419 472d, - 524 6�19 1676 60, 125 420 473 6 525 T 421 4T4 alai S76 T 7 5E4o, LA5o411 422 475 6. s27 423 14T6 a 6e] 576 9�26 424 1477 6\T!0 529 9 I. PLELIC 4L1>35 425 147e 6`` 5.11 9 30-1 �5 EASE1041 a�i .39 479 t 1`Y7.7a61 1532 (736 Q INXIIM NO IRA11N0 D2ISNT 12 125 4e1 6`8`3e 1533 71a166 1129 410481 82 6 500 53+ 7\\621 A ROAD MOON py H30 4ai ah167 535 9.ln DISCLOSED COI THAT '!5 1431 I � I 4a1 ey s,36 73454451 Ju 1051*74 91NEV ON 1432 �I 4e5 a 537 7''55I FILE IN B0o1 27. j 4e6 5 3 539 • 7 6431 PAGE 56 0 =CMS 4e7 7. 539 7.120 0 Su607 0 DEVELOPERSHEET S UNIvER3875:ITYARD ROAD INVESTOR.Y PARK UNIVERSITY PARK 8 51 STOW. 1s0 VESTING TENTATIVE TRACT MAP NO.37506 7 LLEASANTON. CA 94588 ti 1:925)467-99 AREA 3 1 LF 9 • • 40160 (A1 4T` • 606100 (SFR) CITY OF PALM DESERT, CALIFORNIA 43 65 A (I i e t ry I I I I 81- 6 I I L 'LIVING 5P. WHACK -T TYPICAL LOT SETBACKS 4 PACK HOMES SLICE 1'•30' a. 2 4577 e' 2370 562- r 256. 1 o 01652 1E ' 36 .on 217.E e4 565 243.0 90•1 41 414. 132 m' ALLEY 04035 EAYLERII_ TYPICAL LOT SETBACKS TOWNHOMES 9CA.E �• Is11146 iOINtt 11TE71 r.oc LULi / 74' g (CO 74.3 F 14 50 55 6'666 L-724 4R1. 61.1E 1Y 1 YMR - } �#t INI15 0 MORO 50 q 100 SCALE -780' EXISTING 6- rS 5E1ER 515E 212.61 I149.4. - 4 COSTING 6' 9c SE1[R f11A71011r 212.61 INV.•/- 300 SG 51�361. n:a 5T0T ELEVATIONS 440 1ATE0 01.03, 60 RECIY 4180 46 PLAN FOR 01 m • 12 . &WM 1412' 13' W'l 1 e.07 -L.Ler�-- _---1:- Wawa • BASIN C (YE 07517E 411mQov0 . mil TOP. 006T MIT REVISIONS OAKS PREPARED BY Michael Baker INTERNATIONAL. 75410 Gerald Ford Drive N100. Palm Desert, CA 92211 Phone: (760). 3413.7481 MBAKERINTLCOM DEVELOPER: a. UNIVERSITY PARK INVESTOR, LLC 3875 HOPYARD ROAD SUITE 180 PLEASANTON, CA 94588 1(925)467-9900 LOCICERVE DATA TALE 414 EE4R1461%3ELTA MILS EDGR1 64 45'37'i6- 600 DO" 637 OD' 08471 m N45'37'1411 - 690 29" 66 55'09'51- 1060.00' 1039.62" CONT 1 107 N41'22'46' 210 67' 1M 1141'22.16- 226.62' 109 ,�77 - " 4 200 60- 110 34- 110 �(i�46'4I E -- 292 66' 111 16'32'12- 390.00- 66.63' 112 7137-0826"1 -- 216 67' 113 79'20'01- 200 CO' 127 99 114 21'2e'30' - 213 56' �0 N41'_,d'59-1 - Ma 66' 116 35/15'49' 200.07' 123 15- 117 7177-13'46-1 -- 147 64' Il� N75'43'527 - 354 1st' 1 L1Y 24.31.22 200.90' 85.60' 120 101.12-30T - 116 74' I LOT W1RL6 I LOTS SOFT 552SW 5 736 M4 s�19 555 6� 556 d�3 557 4 MI 4 7 559 560 41,15 561 1631 l u li1 1564 6 174 1565 e�B2 I557 81 ' SW 4 22 569 4146 570 ♦'t I 571 572 s7731 3"I6S 5575 `EY s2n41�f6z�+9'1 6 55779 44b3`1152 561 1562 4 .19 564 154174E 565 3;171 566 4 251 567 3 Mb 566 4 _ 569 590 v 75 591 51351 61AIC A. £' LATOT4JE IMINIETW4X APO OR41141¢ R4p96 3 E+54964T CITY OF PALM DESERT. CALIFORNIA UNIVERSITY PARK VESTING TENTATIVE TRACT MAP NO. 37506 AREA 4 & 5 L01 WTRIX I 1 ND14•PEi1L]a1Al I` L015 90 FT LO15 IIITR10 1592 1 `p9.3 1 LOTS s0 FT 1593 4 �5" 167m`725 1594 1 S47 1579 7a` S a. 1595 4, 1660 16 `]�JS� it 1596 4 727 real 32463.1t047531 7 30.71 ,567 4 1 1662 6.0431 0 S�6 s� 0 1663 16.0161 599 (1157 600 4 `737 501 'lb ! w 602 OPT 603 43 i RN3 $ 16606 33.D761 o 11507 4,e 6609 4611 `�25i11 a 610 WW00 A RELIC OCCESSm 613 5\14 El>r� EAS:IENi 5s7 0 615 614 5443 1411 616 5`1111 617 5,660 61a 4.`675 e19 620 4 S`26 e 521 4 405 1622 lea 1624 055 162i1160 x 625 92 16 0. 626 27i1DI 627 73`I711 626 72 7S5 Oi 629 swam 1; r Si I.J 9 0 ., 9�+1 0 ..-_S [This page has intentionally been left blank.] OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: EASEMENTS FOR STREET AND PUBLIC UTILITY PURPOSES, LOTS "A" THROUGH "P", INCLUSIVE, SHOWN AS "PUBLIC STREET"(S). WE ALSO HEREBY DEDICATE FOR PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL: LOTS "Q" THROUGH "S", INCLUSIVE, SHOWN AS "ACCESS EASEMENTS". WE ALSO HEREBY DEDICATE THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL OVER THOSE EASEMENTS SHOWN AS "2' EVA" ALONG AND ADJACENT TO PORTIONS OF SAID LOTS "Q" THROUGH "S". THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES: LOTS "X" AND "PP", DESIGNATED (CITY PARK), IN FAVOR OF THE CITY OF PALM DESERT FOR PARK PURPOSES. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: THOSE EASEMENTS SHOWN AS "5' PUE", ALONG THE FRONTAGE OF LOTS 1 THROUGH 236, INCLUSIVE, SHOWN WITHIN THIS MAP. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: EASEMENTS FOR PUBLIC UTILITY PURPOSES OVER LOTS "T" THROUGH "QQ" SHOWN AS "OPEN SPACE" WITHIN THIS MAP. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: EASEMENTS FOR SIDEWALK AND PEDESTRIAN PURPOSES, OVER LOTS "W", "X", "Y", "BB", "DD", "GG", "HH", "II", "JJ", "KK", "LL", "MM", "NN" AND "00", SHOWN AS "OPEN SPACE, SHOWN ON THIS MAP. THE REAL PROPERTY DESCRIBED BELOW ARE DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES: THE 20.00 FOOT WIDE DOMESTIC WATER EASEMENT LYING WITHIN LOT "NN", SHOWN HEREON AS ©, AND THOSE EASEMENTS SHOWN AS "5' PUE", ALONG WITH THE DOMESTIC WATER AND SANITATION EASEMENT LYING WITHIN LOTS "W", "X", "Y" AND "QQ", SHOWN AS AO. THE DEDICATION IS FOR DOMESTIC WATER AND SANITATION PURPOSES IN FAVOR OF COACHELLA VALLEY WATER DISTRICT. THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL, USE AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. EXCLUDING LOT "X", COACHELLA VALLEY WATER DISTRICT WILL NOT BE RESPONSIBLE FOR ANY IMPROVEMENTS WITHIN SAID EASEMENT(S) IN THE EVENT THAT OPERATION AND MAINTENANCE ACTIVITIES RESULT IN DAMAGE OR REMOVAL OF SAID IMPROVEMENTS. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES: LOT "RR", DESIGNATED (WELL SITE), IN FAVOR OF COACHELLA VALLEY WATER DISTRICT FOR WELL SITE PURPOSES. WE HEREBY RETAIN LOTS "Q" THROUGH "S", INCLUSIVE, SHOWN AS "ACCESS EASEMENTS", FOR PRIVATE USE FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. WE HEREBY RETAIN FOR STORM DRAIN PURPOSES, AN EASEMENT OVER THOSE EASEMENTS SHOWN AS "5' PUE", AND LOTS "T" THROUGH "W", INCLUSIVE, LOTS "Y" AND "Z" AND LOTS "AA" THROUGH "00", INCLUSIVE, AND LOT "QQ"AS SHOWN WITHIN THIS MAP, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. SAID RIGHTS ARE SUBSERVIENT TO AFOREMENTIONED PUBLIC UTILITY EASEMENT DEDICATION TO THE CITY OF PALM DESERT AND COACHELLA VALLEY WATER DISTRICT. WE HEREBY RETAIN FOR PRIVATE DOMESTIC WATER AND SANITATION PURPOSES, EASEMENTS OVER LOTS "W", "Y", LOT "BB", LOT "DD" AND LOT "II", FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. WE HEREBY RETAIN FOR OPEN SPACE AND LANDSCAPE PURPOSES, LOTS "T" THROUGH "W", INCLUSIVE, LOTS "Y" AND "Z" AND LOTS "AA" THROUGH "00", INCLUSIVE, AND LOT "QQ", FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. SAID RIGHTS ARE SUBSERVIENT TO AFOREMENTIONED DOMESTIC WATER, IRRIGATION AND SANITATION EASEMENT DEDICATIONS TO COACHELLA VALLEY WATER DISTRICT. UNIVERSITY PARK INVESTOR, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: NAME: TITLE: CITY OF PALM DESERT, A MUNICIPAL CORPORATION BY: NAME: TITLE: IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF UNIVERSITY PARK INVESTOR, LLC, IN DECEMBER OF 2018. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THE EXTERIOR MONUMENTS WILL BE SET WITHIN 90 DAYS OF THE FILING OF THIS MAP AND ALL INTERIOR MONUMENTS WILL BE SET WITHIN THREE YEARS OF THE FILING OF THIS MAP WITH THE COUNTY RECORDER'S OFFICE; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. DATED: CHARLES R. HARRIS P.L.S. 4989 CITY ENGINEER'S STATEMENT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES. I HEREBY STATE THAT THIS MAP CONSISTING OF 12 SHEETS, HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF TRACT MAP NO. 37506, AS FILED, AMENDED AND APPROVED BY THE PALM DESERT PLANNING COMMISSION ON NOVEMBER 20, 2018, THE EXPIRATION DATE BEING MAY 19, 2022. DATED: THOMAS W. GARCIA RCE 48279 CITY ENGINEER CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT THIS MAP HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT. DATED: CHRISTOPHER L. ALBERTS L.S. 8508 ACTING CITY SURVEYOR CITY CLERK'S STATEMENT I, RACHELLE D. KLASSEN, CITY CLERK OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE DAY OF , 20 , APPROVED THE WITHIN MAP OF TRACT MAP NO. 37506-1, AND ACCEPTS ON BEHALF OF THE PUBLIC, LOTS "A" THROUGH "P", INCLUSIVE, OFFERED FOR STREET AND PUBLIC UTILITY PURPOSES; LOTS "Q" THROUGH "S", INCLUSIVE, OFFERED FOR PUE AND EMERGENCY VEHICLE ACCESS, ALONG WITH THE EASEMENTS SHOWN AS "2' EVA, OFFERED FOR EMERGENCY VEHICLE ACCESS; THE EASEMENTS SHOWN AS "5' PUE", ALONG THE FRONTAGE OF LOTS 1 THROUGH 236, INCLUSIVE; THE EASEMENTS OVER LOTS "T" THROUGH "QQ", INCLUSIVE, OFFERED FOR PUBLIC UTILITY PURPOSES; LOTS "X" AND "PP", DESIGNATED (CITY PARK), FOR PARK PURPOSES, ALL AS DEDICATED AND SHOWN WITHIN THIS MAP. WE HEREBY ABANDON PURSUANT TO SECTION 66434(G) OF THE SUBDIVISION MAP ACT, THAT CERTAIN ACCESS EASEMENT GRANTED TO THE CITY OF PALM DESERT, RECORDED 12/29/2006, AS DOCUMENT NO. 2006-0951881 & DOCUMENT NO. 2006-0951882, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN THE BOUNDARY OF THIS MAP, AND NOT SHOWN HEREIN. DATED: BY: CITY CLERK OF THE CITY OF PALM DESERT SHEET 1 OF 12 SHEETS RECORDER'S STATEMENT FILED THIS DAY OF AT IN BOOK MAPS AT PAGES , 20 OF AT THE REQUEST OF THE CITY CLERK OF THE CITY OF PALM DESERT. NO. FEE PETER ALDANA, ASSESSOR -COUNTY CLERK -RECORDER BY: DEPUTY SUBDIVISION GUARANTEE BY: STEWART TITLE COMPANY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $ DATED: ,20 MATTHEW JENNINGS COUNTY TAX COLLECTOR BY: , DEPUTY TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATED: ,20 CASH OR SURETY TAX BOND MATTHEW JENNINGS COUNTY TAX COLLECTOR BY: , DEPUTY SOILS REPORT PURSUANT TO SECTION 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT, PROJECT NO. 544-5576, FILE NO. 05-08-793, WAS PREPARED BY SLADDEN ENGINEERING, DATED AUGUST 10, 2005, AND UPDATED AS PROJECT NO. 544-17113, FILE NO. 19-04-148 DATED APRIL 11, 2019, AND ARE ON FILE WITH THE CITY OF PALM DESERT, ENGINEERING DEPARTMENT. ABANDONMENT NOTE PURSUANT TO SECTION 66445(G) OF THE SUBDIVISION MAP ACT, THE FILING OF THIS MAP SHALL CONSTITUTE ABANDONMENT, WITHIN THE BOUNDARY OF THIS MAP, OF THAT CERTAIN ACCESS EASEMENT GRANTED TO THE CITY OF PALM DESERT, RECORDED 12/29/2006, AS DOCUMENT NO. 2006-0951881, AND DOCUMENT NO. 2006-0951882, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THOSE EASEMENTS BEING ABANDONED ARE NOT SHOWN ON THIS MAP. SIGNATURE OMISSIONS SEE SHEET 2 NOTARY'S ACKNOWLEDGMENT & C.V.W.D. ACCEPTANCE SEE SHEET 2 J.N. 2497 N 26'04'11" E 95.32' CPD BM #101 N 2230018.66' E 6524921.74' NAD83 CA ZONE 6 ELEVATION OF 231.83 *I` NOT TO SCALE FD GEAR SPIKE AND WASHER "LS 8508". ACCEPTED AS THE SW COR OF SEC. 33 N 2224773.48 E 6524972.23 NAD83 CA ZONE 6 to 0 ro ro to N 00'05'32" W C/L OF PORTOLA AVE. a m N 25'51'02" W 92.42' DATUM STATEMENT: FD COPPERWELD STAMPED "LS 4146" FLUSH. ACCEPTED AS THE NW COR. OF SEC. 33. N 2230104.14' E 6524963.67' NAD83 CA ZONE 6 cr LA cP d. CONVERGENCE ANGLE AT THE CPD BM #101 CPD BM #144 N 2224690.35' E 6525012.50' NAD83 CA ZONE 6 THE COORDINATES SHOWN HEREON ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE 6, 2004.0 EPOCH, AS PER CITY OF PALM DESERT CONTROL SURVEY MONUMENTS BM 101 AND BM 144. UNLESS OTHERWISE NOTED, ALL DISTANCES SHOWN ON THE HORIZONTAL CONTROL DIAGRAM ABOVE ARE GRID. TO OBTAIN GROUND DISTANCES, DIVIDE GRID DISTANCE BY 0.999979365. CALCULATIONS ARE MADE AT CPD BM #101, WITH COORDINATES AND ELEVATION. NOTARY'S ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON , BEFORE ME A NOTARY PUBLIC, ) SS ) PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. MY COMMISSION EXPIRES MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND AND OFFICIAL SEAL. IS COUNTY. NOTARY PUBLIC IN AND FOR SAID STATE NOTARY COMMISSION NO. (PRINT NAME) IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 SHEET 2 OF 12 SHEETS BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. 0DMSA CONSULTING, INC. FEBRUARY - 2019 NOTARY'S ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON ) SS ) , BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. MY COMMISSION EXPIRES MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND AND OFFICIAL SEAL. IS COUNTY. NOTARY PUBLIC IN AND FOR SAID STATE NOTARY COMMISSION NO. (PRINT NAME) NOTARY'S ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON , BEFORE ME A NOTARY PUBLIC, ) SS ) PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. MY COMMISSION EXPIRES MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND AND OFFICIAL SEAL. IS COUNTY. NOTARY PUBLIC IN AND FOR SAID STATE NOTARY COMMISSION NO. (PRINT NAME) SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURE(S) OF THE FOLLOWING OWNER(S) OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED, AS THEIR INTERESTS CANNOT RIPEN INTO FEE. FRONTIER COMMUNICATIONS, SUCCESSOR TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION, HOLDER OF AN EASEMENT FOR TELEPHONE LINES AND RIGHTS INCIDENTAL PURPOSES, PER BOOK 344 PAGE 227 AS INST. NO. 10 OF DEEDS, REC. 01/23/1912, O.R. UNION PACIFIC RAILROAD, SUCCESSOR TO PACIFIC RAILROAD COMPANY FOR TELEPHONE, PIPELINES, AND DRILLING OPERATIONS AND RIGHTS INCIDENTAL THERETO PER BOOK 344, PAGE 227, AS INST. NO. 10 OF DEEDS, REC. 01/23/1912, O.R. EASEMENT NOTES 1. MINERALS OF WHATSOEVER KIND, SUBSURFACE AND SURFACE SUBSTANCES, INCLUDING BUT NOT LIMITED TO COAL, LIGNITE, OIL, GAS, URANIUM, CLAY, ROCK, SAND AND GRAVEL IN, ON, UNDER AND THAT MAY BE PRODUCED FROM THE LAND, TOGETHER WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING THERETO, WHETHER OR NOT APPEARING IN THE PUBLIC RECORDS OR LISTED IN THE TITLE REPORT. (LOCATION CANNOT BE DETERMINED FROM RECORD) 2. AN EASEMENT FOR TELEPHONE LINES AND RIGHTS INCIDENTAL THERETO IN FAVOR OF FRONTIER COMMUNICATIONS, SUCCESSOR TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION AS SET FORTH IN A DOCUMENT RECORDED JANUARY 23, 1912, IN BOOK 344 PAGE 227 AS INSTRUMENT NO. 10, OF DEEDS OF OFFICIAL RECORDS, AFFECTS SAID LAND. (LOCATION CANNOT BE DETERMINED FROM THE RECORD) 3. AN EASEMENT FOR TELEPHONE, PIPELINES, AND DRILLING OPERATIONS AND RIGHTS INCIDENTAL THERETO IN FAVOR OF UNION PACIFIC RAILROAD, SUCCESSOR TO PACIFIC RAILROAD COMPANY PER BOOK 344, PAGE 227, AS INST. NO. 10 OF DEEDS, REC. 01/23/1912, O.R. INDICATES DEDICATED DOMESTIC WATER AND SANITATION EASEMENT IN FAVOR OF COACHELLA VALLEY WATER DISTRICT. INDICATES DEDICATED 20.00 FOOT WIDE ACCESS AND UTILITY EASEMENT IN FAVOR OF COACHELLA VALLEY WATER DISTRICT. CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED TO ME BY RESOLUTION NO. 2015-23, DATED FEBRUARY 10, 2015, I ACCEPT ON BEHALF OF COACHELLA VALLEY WATER DISTRICT THE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES AND WELL SITE IN FEE TITLE AS OFFERED HEREON. DATED: GERALD FORD DR. PORTOLA AVF. BY: J.M. BARRETT, GENERAL MANAGER COACHELLA VALLEY WATER DISTRICT FRANK SINATRA DR. 1- 0, Y 0 0 C. 102* VICINITY MAP N.T.S. J.N. 2497 PORTOLA AVENUE (PUBLIC STREET) N ce 119 108' VARIES 00 00 I(0 88' 118 113 112 co w 62 N 150 149 151 152 111 63 0 61 \ / \ o LOT "LL" Z. 60 59 r 58 57 N N 0")• 88' 64 65 / LOT "KKK' GERALD FORD DRIVE LOT "T" (PUBLIC STREET) (N 89'56'07" E 2049.92') R1_ (1675.99') R1 R1 (N 89'56'07" E) 1479.95' 129 130 131 132 133 134 135 136 137 138 139 \r8-\ 148 147 153 154 146 145 155 156 STORKE DRIVE 144 143 157 158 BECKER STREET LOT "E" 110 109 66 67 108 107 68 69 DEXTER STREET LOT "D" 101 74 100 75 99 98 97 96 93 92 91 90 89 88 87 86 LOT "G" 142 141 140 159 160 161 104 103 102 72 73 N rn (a 56 54 53 51 49 48 47 LOT "RR" WELL SITE /P. 0 2 '(C2) C3 R1 R1 (L9) R1 DRIVE RpYCE B 106 105 70 71 LOT "JJ" 29 162 173 165 170 166 169 167 168 LOT LOT "PP" in 10 N 183 p 182 181 180 179 "HH" HARPER STREET LOT "N" 236 235 234 222 221 LOT 73 215 216 217 218 220 LOT „FF„ _ 2 I\ 1 0 C� RA (Cgs LOT "I1" J 54' 54' M O 0 O z LOT "QQ" 184 Ig194 I I 185 J KiO)l86 Q II I 193 W 187 ZI 192 LJ LOT VI� LOT "S" Luc,v SPIEKEP. LANE J~ - • 1 188 189190 191 of Z / /1R1 SL5) � � 1 198 197196 195 OI McMI LLAIJ L LOT "Q" 214 L 213 IY. 11 209 „AA „ ENGLISH LANE 208 207 206 205 NE 199 r� 1-1N200 0201 J 202 203 0 J 1 oo 204 J J LOT "X" N 81'50'56" W (R) PCC N 04'05'08" E (R) PRC N 07'29'27" E (R) R=1297.00' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEETS 4 THROUGH 12 FOR DETAILED LOT DIMENSIONS FRANK SINATRA DRIVE (PUBLIC STREET) (#) INDICATES SHEET NUMBER 0' O oo oo I i4) sr) O 0 0 0 J CO a W U L. U a_ 38' 38' 0 CY .0 I o 30 N Co N N oo z- 150' SHEET 3 OF 12 SHEETS IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 20 f 0-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 B.C. CURVE DATA NO. DELTA RADIUS .C1 09'24'00" 268.46' C2 07'37'42" 353.00' C3 07'37'42" 325.00' C4 85'56'04" 46.00' C5 10'32'38" 256.53' C6 08' 12'57" 3089.00' C7 09'41'35" 3127.00' C8 33'59'15" 1335.00' C9 37'23'34" 1297.00' (C10 29'48'35" 1013.00' (C1 1 29'48'35" 975.00' LINE DATA NO. BEARING "L1 L2 L3 L4 L5 L6 L7 L8 L9 300' N 47'41'41" W (N 89'54'28" E) N 89'54'28" E N 00'03'53" W N 89'56'07" E N 45'03'53" W N 44'55'18" E N 00'05'32" W N 89'54'28" E 450' LENGTH 44.04' 47.00' 43.27' 68.99' 47.21' 442.94' 529.01' 791.91' 846.46' 527.04' 507.27' LENGTH 31.14' R2 42.25' R1 67.94' R1 217.72' R1 16.00' R1 24.04' R1 24.03' R2 188.26' R2 311.19' R1 600' SCALE 1 "=150' R2 R1 R1 R1 R2 R1 R1 R1 R1 R1 R1 A SURVEYOR'S NOTES THE BASIS OF BEARINGS FOR THIS MAP IS THE WESTERLY LINE OF OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., AS SHOWN ON PARCEL MAP NO. 31730, ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY. TAKEN AS: N 00°05'32" W • A (-) R1 R2 R/W (R) PUE EVA INDICATES FOUND MONUMENT AS NOTED INDICATES FOUND COPPERWELD STAMPED "LS 7930", FLUSH, PER PARCEL MAP NO. 31730, PMB 211/63-75. INDICATES SET 2" I.P. "PLS 4989", FLUSH, UNLESS NOTED OTHERWISE. INDICATES SET 5" GEAR SPIKE WITH ALUMINUM WASHER STAMPED "PLS 4989", FLUSH, IN A.C. PAV'T, UNLESS NOTED OTHERWISE. INDICATES RECORD DATA. INDICATES RECORD DATA PER PARCEL MAP NO. 31730, PMB 211/63-75, AND MEASURED, UNLESS NOTED OTHERWISE. INDICATES RECORD DATA PER GRANT DEED RECORDED SEPTEMBER 04, 2013 AS DOCUMENT NO. 2013-0433725, OF OFFICIAL RECORDS, COUNTY OF RIVERSIDE, AND MEASURED, UNLESS NOTED OTHERWISE. INDICATES CENTERLINE INDICATES RIGHT-OF-WAY INDICATES RADIAL BEARING INDICATES PUBLIC UTILITY EASEMENT FOR PUBLIC UTILITY PURPOSES INDICATES EMERGENCY VEHICLE ACCESS EASEMENT SET NAIL AND TAG IN CURB ON THE PROLONGATION OF ALL SIDE LINES, STAMPED "PLS 4989", IN LIEU OF SETTING MONUMENTS AT THE ACTUAL FRONT LOT CORNERS. SET 1" I.P. WITH PLASTIC PLUG STAMPED "PLS 4989", SET NAIL AND TAG IN CONC. FOOTING STAMPED "PLS 4989" OR NAIL AND TAG IN FENCING MATERIAL, TAGGED "PLS 4989", AS APPROPRIATE, AT REAR LOT CORNERS, B.C.'S E.C.'S AND ANGLE POINTS, UNLESS OTHERWISE NOTED. TOTAL GROSS AREA = 49.182 ACRES RESIDENTIAL NUMBERED LOTS = 236 LOTS LETTERED PUBLIC STREET LOTS = 16 LOTS ACCESS EASEMENT LOTS = 3 OPEN SPACE LOTS = 22 LOTS CITY PARK LOTS = 2 LOTS WELL SITE LOT = 1 LOT MONUMENT NOTES FOUND COPPERWELD MONUMENT STAMPED "L.S. 4146", FLUSH, PER COR. REC. NO. 87-331, RECORDS OF RIVERSIDE COUNTY AND PARCEL MAP NO. 31730, P.M.B. 211/63-75, ACCEPTED AS THE NW COR. OF SECTION 33, T.4S., R.6E., S.B.M. AND THE C/L INTERSECTION OF GERALD FORD DRIVE AND PORTOLA AVENUE. FOUND GEAR SPIKE AND WASHER STAMPED "L.S. 8508", FLUSH, PER CORNER RECORD 17/338, 17/341 AND 17/345. © FOUND GEAR SPIKE AND WASHER STAMPED "L.S. 8508", FLUSH, PER CORNER RECORD 17/0351. FOUND GEAR SPIKE AND WASHER STAMPED "L.S. 8508", FLUSH, PER RECORD OF SURVEY 138/52. SEARCHED, FOUND NOTHING. FALLS UNDER LARGE LANDSCAPE BOULDER IN MEDIAN, UNABLE TO MOVE. FOUND 1" I.P. WITH NAIL AND TAG STAMPED "L.S. 7930", DN. 0.4' IN NATURAL GROUND, IN LIEU OF 5/8" COPPERCLAD STEEL PIN WITH 1-1/2" BRASS CAP STAMPED "L.S. 7930" FLUSH, PER PMB 211/63-78, ACCEPTED AS THE C/L INTERSECTION OF COLLEGE DRIVE AND PACIFIC AVENUE. FOUND 1" I.P. WITH NAIL AND TAG STAMPED "L.S. 7930", DN. 1.0' IN NATURAL GROUND, IN LIEU OF 5/8" COPPERCLAD STEEL PIN WITH 1-1/2" BRASS CAP STAMPED "L.S. 7930" FLUSH, PER PMB 211/63-78, ACCEPTED AS THE C/L B.C. OF GERALD FORD DRIVE. J.N. 2497 120' 229 co w 227 co 5' PUE C19- '2. 6). '6) 40' 80' SCALE 1"=40' 230 N 1748'01" W (R) 'cg) 16 3,570 S.F. IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 160' e 12 232 R------1623.75' 6 461 .79' .---02'18'01" L=65.19 istak0I-S 9k-9 0125 • -_.-_1472.00'4,8 ,36B.B6 cA7 11 3,531 33.59 A 5 222 6,058 S.F. _ 061 ,3B2.8 e ".0943 32 . 0_0'251;36.7 Qj 1:+4. a) • (,1 c.Pv: C2B 1._ki 1-5622" 4.17 .99' R=A 335.00 233 219 ,02.17, 52" L.---65•12 221 6,051 S.F. 5' PUE - c60- N 0804'29" W (R) 1\1 08'2719 W (R) 0.:(.083°.PC:E6:9N06:75B6L'I\sAC. (R)01 4, C37- - 2' EVA 10 3,516 S.F. cC c27 2,79.1.9A N 03'55'52 W (R) 220 8,071 S.F. -059 - 057 N 07'40'36 W (R) C12 L4 n .61 N 81'2746" E 83.00' c., L-c?, r•-•."11 0.338 AC' (opEN 5p11(0E) 4,410 S.F. 1\1 07.5748 *I (R) N 81-2746 E N 0423'21" W (R) COLLEGE DRIVE (PUBLIC STREET) (A=31'38'08" L.---716.13) R1. 2' EVA 4 3,816 S.F. N 81•2746" E ' 83.00' 5' PUE 3 3,486 S.F. 812746 E 83.0°' 2 3,488 S.F. N 8,1•2746 E 83.00' , --ThNI w CC (7. L--=92.16' 28' -1 co 0 z < 0 in ^y) CO 0 CO - 'r") 10 -r8 I L24 17) (0 211 2' EVA N 8956'07" E 85.00' 5' PUE 210 3,400 S.F. N 8956'07" E 85.00' w > 8 Z tx 0 < ff co 209 N 0 0 3,906 S.F. b c). (3) LOT "AA"- 1".. 0.014 AC. inI (OPEN SPACE) z N 8956'07" E 90.16' N C10_ C'D N 89°56'07" E 112.37' 08 ENGLISH LANE L16 26.04 2' EVA \ 5 \11 1 . tr) ti.cc21, \ . \ 83.00' T-:\Z c-10 \ 208 0 30 0. 0 to b 0 S.F. 20' 3,735 S.F. 45.00' SEE SHEET 11 EVA PUE203 N 8956'07" E 85.00' 204 3,825 S.F. LOT "Q" 0.421 AC. (ACCESS EASEMENT) N 89°56 '07" E 2.00' 10 N N 8956'07" E 85.00' o o-) 2 'in in 0 95 .00 ' b r0 0 12.00' b z 45.00'= _ 5' PUE 206 3,735 S.F. L17 45.00' N 8956'07" E 186.00' N 8956'07" E 206.00' LOT "X" 0.986 AC. (CITY PARK) A= 0828'29" L=197.46' (A=57'16'137-R=1297.00L-1296.42') R1 - cNi to 205 4,150 S.F. ro oo "Lo I f 50.00' T 5' (73 0 00'03'53" W • I 42.08 I oa 20 g3 N 81'50'56" W (R) PCC (4=8556'04") R1 (R=46.00') (L=68.99') N 04'05'08" E -co (R) PRC N) SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS 2 0 0 N 0729'27" E (R) R=-1297.00' -J 11 38' N 8022'18" W (R) R=3127.00' SHEET 4 OF 12 SHEETS CURVE DATA NO. DELTA C1 8411'39" 02 84'11'39" 03 1527'02" C4 90'00'00" 05 5746'09" 06 3213'51" 07 3857'07" 08 0837'34" C9 07'44'48" C10 0505'12" 011 2346'58" 012 01'48'22" 013 0023'21" 014 0023'22" 015 0021'47" 016 01'40'21" C17 0138'52" 018 01'38'53" 019 01'38'53" C20 01'41'34" 021 00'17'05" C22 0023'22" 023 0023'21" 024 0202'06" C25 0030'28" 026 01'44'30" 027 01'41'29" C28 0141'29" 029 01'44'17" C30 01'41'49" 031 0012'41" 032 0025'24" C33 0025'23" 034 9059'07" 035 4247'44" C36 48'11'23" 037 01'47'22" C38 01'47'56" 039 0149'58" 040 01'23'54" 041 8903'00" C42 5912'09" 043 2950'51" 044 0125'34" 045 01'38'52" 046 01'38'53" C47 01'38'53" 048 01'20'50" 049 0743'02" C50 0649'10" 051 0941'25" C52 0946'25" C53 0005'00" 054 8928'21" C55 21'41'15" 056 67'47'06" C57 02'12'15" C58 0225'32" 059 01'18'45" C60 02'17'52" 061 0218'01" 062 0218'11" C63 0202'08" 064 0202'07" 065 0202'07" C66 84'11'39" 067 0446'52" 068 0410'47" 069 1634'18" 070 1358'22" 071 0012'55" 072 0002'08" RADIUS 60.00' 32.00' 15.00' 15.00' 15.00' 15.00' 88.00' 88.00' 88.00' 88.00' 88.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1472.00' 1354.00' 1354.00' 1354.00' 1354.00' 1354.00' 1354.00' 1354.00' 1354.00' 1354.00' 15.00' 15.00' 15.00' 1365.00' 1365.00' 1365.00' 1365.00' 15.00' 15.00' 15.00' 1385.00' 1385.00' 1385.00' 1385.00' 1385.00' 1385.00' 1365.00' 1375.00' 1375.00' 1375.00' 15.00' 15.00' 15.00' 1500.00' 1500.00' 1528.00' 1528.00' 1528.00' 1528.00' 1528.00' 1528.00' 1528.00' 88.00' 962.00' 972.00' 88.00' 88.00' 1335.00' 1528.00' LINE DATA NO. BEARING L1 N 84'07'46" L2 N 7609'01" L3 N 8407'46" L4 N 84'07'46" L5 N 1743'55" L6 N 17'43'55" L7 N 17'43'55" L8 N 1743'55" L9 N 08'32'14" L10 N 0832'14" L11 N 1743'55" L12 N 1743'55" L13 N 0832'14" L14 N 2454'16" L15 N 89'56'07" L16 N 8956'07" L17 N 89'56'07" L18 N 00'03'53" L19 N 0003'53" L20 N 69'46'27" L21 N 6946'27" L22 N 6946'27" L23 N 00'03'53" L24 N 8956'07" LENGTH 88.17' 47.02' 4.04' 23.56' 15.12' 8.44' 59.83' 13.25' 11.90' 7.81' 36.53' 46.40' 10.00' 10.01' 9.33' 42.97' 42.33' 42.34' 42.34' 43.49' 7.31' 10.01' 10.00' 52.28' 12.00' 41.16' 39.97' 39.97' 41.07' 40.10' 5.00' 10.00' 10.00' 23.82' 11.20' 12.62' 42.63' 42.86' 43.66' 33.31' 23.31' 15.50' 7.81' 34.47' 39.83' 39.84' 39.84' 32.57' 186.55' 162.46' 232.55' 234.55' 2.00' 23.42' 5.68' 17.75' 57.70' 63.50' 35.00' 61.28' 61.35' 61.42' 54.29' 54.28' 54.28' 129.31' 80.28' 70.91' 25.45' 21.46' 5.02' 0.95' LENGTH E 16.40' W 17.47' E 16.40' E 16.40' W 72.17' W 192.24' W 220.26' W 70.11' W 125.00' W 72.06' W 81.34' W 85.00' W 85.93' E 21.16' E 80.94' E 216.04' E 232.08' W 237.00' W 302.00' E 65.82' E 107.71' E 62.62' W 20.00' E 56.00' J.N. 2497 CURVE DATA 1 CURVE DATA NO. DELTA C1 90'21'27" C2 89'59'19" C3 90'21'27" C4 89'59'19" C5 07'37'42" C6 07'37'42" C7 03'50'34" C8 01'26'08" C9 03'39'43" C10 03'39'36" C 1 1 06'07'48" C12 06'15'34" C13 01'18'38" C14 21'12'23" C15 31'08'55" C16 27'23'29" C17 10'36'40" C18 00'40'11" C19 03'48'23" C20 03'48'24" C21 03'48'24" C22 03'48'23" C23 01'43'27" C24 20' 17'54" C25 58'03'14" C26 10'40'19" 88' I W < 1- J 0 O 0 J I- m M a 0 a. RADIUS 53.00' 53.00' 25.00' 25.00' 353.00' 325.00' 1335.00' 973.00' 973.00' 973.00' 973.00' 973.00' 973.00' 81.00' 81.00' 81.00' 81.00' 828.00' 828.00' 828.00' 828.00' 828.00' 828.00' 81.00' 81.00' 81.00' �° 0 O 0Lc) N r') in O O O - z 0 0 •41- 0 O rn N 0 O 0 0 LENGTH 83.58' 83.24' 39.43' 39.26' 47.00' 43.27' 89.54' 24.38' 62.19' 62.15' 04.10' 06.30' 22.26' 29.98' 44.04' 38.72' 15.00' 9.68' 55.01' 55.01' 55.01' 55.01' 24.92' 28.70' 82.07' 15.09' 52 N 89'56'07" E 112.17' NO. DELTA RADIUS LENGTH C27 00'57'52" 81.00' 1.36' C28 07'37'42" 315.00' 41.94' C29 07'37'42" 363.00' 48.33' C30 04'28'07" 772.00' 60.21' C31 04'36'03" 772.00' 61.99' C32 04'35' 1 1 " 772.00' 61.80' C33 03'57'51" 772.00' 53.41' C34 07'23'43" 700.00' 90.35' C35 10'27'08" 700.00' 127.70' C36 00'23'00" 700.00' 4.68' C37 04'27'34" 700.00' 54.48' C38 04'26'26" 700.00' 54.25' C39 04'25'27" 700.00' 54.05' C40 04'08'24" 700.00' 50.58' C41 01'20' 10" 1028.00' 23.97' C42 01'23'37" 1028.00' 25.00' C43 03'20'40" 1028.00' 60.01' C44 00'33'32" 1028.00' 10.03' C45 17'50'51" 700.00' 218.05' C46 00'19'59" 315.00' 1.83' C47 03'39'18" 315.00' 20.09' C48 00'33'31" 325.00' 3.17' C49 03'32'30" 325.00' 20.09' C50 02'27' 12" 972.00' 41.62' 51 5,484 S.F. N 89'56'07" E 0 ' 66.14' 50 5,394 S.F. N 89'56'07" E 112.12' 49 5,482 S.F. N 89'56'07" E 66.10' 48 5,728 S.F. L17 L15 5' PUE N 89'56'07" E 112.07' 47 7,154 S.F. 125:15 `R) SEE SHEET 6 0 28' N O O In 1 I N N o ND 1 3 I •�' -0 bZ 0 LOT "RR" WELL SITE 0.477 AC. SEE DETAIL •A• ABOVE RIGHT L10 C29 LOT •NN, IC46 L7 (C5) R48~' N 89'54'28" E 311.19' McCARTHY 28' (PUBLIC STREET) L22 ‘-c N 00'05'32" W (R) N 00'03'53" W 0 0 N 0 w � W � to sr fo cL M N 07'32'10" E\ 0 0 (R) PRC `- 15.32' C28 10 (OPEN, SPACE) 0.112 AC. NO. BEARING L1 N 89'56'48" L2 N 72'19'36" L3 N 72'19'36" L4 N 72'19'36" L5 N 89'56'48" L6 N 47'41'41" L7 N 89'54'28" L8 N 24'12'36" L9 N 89'56'48" L10 N 89'54'28" L11 N 47'41'41" L12 N 71'58'09" L13 N 89'49'00" L14 N 00'03'53" L15 N 89'56'07" L16 N 00'03'53" L17 N 89'56'07" L18 N 00'03'53" L19 N 89'56'07" L20 N 18'01'51" L21 N 71'58'09" L22 N 89'56'07" L23 N 71'58'09" L24 N 00'05'32" L25 N 00'05'32" L26 N 24'54'16" L27 N 17'30'42" L28 N 63'52'07" 0 L19 �I 5' PUE L13 89 6,295 S.F. LINE DATA LENGTH E 44.02' E 4.07' E 4.07' E 4.07' E 44.02' W 31.14' E 42.25' E 22.22' E 44.02' E 31.88' W 45.19' E 24.75' E 62.60' W 10.00' E 46.00' W 10.00' E 46.00' W 10.00' E 46.00' W 10.00' E 46.00' E 56.00' E 56.00' W 10.08' W 10.02' E 21.16' W 45.09' W 21.71' 9N 289'56'07" E 88.12' 91 7,411 S.F. N 89'56'07" E 143.31 ' C36 IT=42.28' L5 L1 90 9,302 S.F. C37 O 0 re) • O Z 88 • ("35,584 S.F. o �n o °' N co co 1.73' 5' PUE - -C30- 9_-_C111 -- C C27 5' PUE N 00'54'40" E (R) 46 6,749 S.F. 77.27' o N O O z w LOT "RR" M N WELL SITE orx o^ z z w w o M co CD oct z 200 1n • Ns- 00b-, 06 c0 O M �Z C34 3 M O in ^ - 0�3 0 c0 M rn O z 45 6,023 S.F. 61.93' N 89'54'28" E 192.45' (C6) R1 N 89'54 28" E 67.94') R N N 07'32' 10" E (R) PRC O / C45 z ` C38 3/ 0 N tY O�3 87 z c00 5,604 S.F. 0 rn 0 C28 N 03'26'09" E (R) DETAIL •A• NOT TO SCALE 82 136 5 83 6,981 S.F. 9'6.4 84 8,709 S.F. C35 C39 86 5,603 S.F. C32 ---C31-23741 772.p0' STREET) p-17'3Yc G DR'vC (PUBLIC RpY G -Ce-- - R=800.00 L246.0 - 17°37'12 AC. aBv 0.593 LOT 254.63' p-17' 37' 12" R=528.00�� \ �21 c, 0. 5' PUE 3 O M O z 44 6,281 37.94' 3 O N 0 00 N 3 0 O z 19 0 z S.F. 43 6,327 S.F. N 06 52'48^' W (R) 0 w 35 \ SHEET 5 OF 12 SHEETS IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 20 f 0-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. �5 MSA CONSULTING, INC. FEBRUARY - 2019 \ 42 6,300 S.F. =29* \2 ,97 �' \ \ \ SAS '� 36 \ 5' PUE 37 5,193 S.F. Lr cP rn O cS 41 8,859 S.F. 015 38 5,232 S.F. co 39 8,502 S.F. 22 5' PUE 21 6,218 S.F. 20 6,972 S.F. (R) 40' CP 19 7,269 S.F. (R) PRC 80' 0 LP Lo 0 CC, 032-5 C271-11 -IV? • 0 18 8,862 S.F. (R) 120' cr SCALE 1"=40' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS (R) CP fa() J.N. 2497 o' 40' 80' 120' 160' w t0 0 0) 0 V) 0 z 88' 0 O 0 0 0 O 0 0 SCALE 1 "=40' N 89'56'07" E 65.46' 59 rlJ 58 5,383 S.F. N 89'56'07" E 1 12.31 ' 57 5,492 S.F. N 89'56'07" E 66.28' 56 5,400 S.F. N 89'56'07" E 112.26' 55 5,489 S.F. N 89'56'07" E 66.24' 54 5,398 S.F. N 89'56'07" E 112.22' 53 5,487 S.F. N 89'56'07" E JI 66.19' 52 5,396 S.F. N 89'56'07" E 112.17' 51 L8 5' PUE L6 L4 L2 5' PUE SEE SHEET 5 O O 10 0 O I O O 10 0 O 28' w w c 0 J CO 0_ McCARTHY STREET z 0 0 28' 0� 0 10 N I N O C0 10 0 I 0 0 0 z f N 0 O ii IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 28'oI Q Hcom 0 0D J O "rca O O M 0 0 N t0 c 1 I M O 0 O 1 z0 0 N 28' L18 =� L22 5' PUE L9 101 N 89'56'07" E 95.40' 100 3,990 S.F. N 89'56'07" E 49.40' OIJ SEE SHEET 7 74 5' PUE 99 4,596 S.F. z N 89'56'07" E 95.40' 98 3,990 S.F. N 89'56'07" E L14 F) 49.40' 97 4,636 S.F. (1 00 \\ M Tr co N 83.51'24" 61.31' N 89'56'07" E 108.60' 75 5,296 S.F. L12 N 89'56'07" E 62.60' 76 5,635 S.F. 5' PUE N 86'38'52" E 109.95' N 86' 53' 16" (R) 77 5,577 S.F. N 89'56'07" E 98.98' 96 4,233 S.F. N 89'56'07" E 58.98' 95 5,331 S.F. N 89'56'07" E 113.56' N�J 94 4,772 S.F. N co 0 r N 89'56'07" E 73.55' 93 6,104 S.F. N 89'56'07" E 128.13' L26in I 92 5,312 S.F. N 89'56'07" E 88.12' 91 E Jl 78 5,810 S.F. N g0.00'04„ 114.30, 79 5,851 S.F. 77.04' 53„ 65. o 0� �0 0) N O N 0 0 z 0 N 83'S9'43" E (R) L16 1 I � rn IO N 1 O O E N g0. 22' 59' N (R) co 10 11 O 0) to 0 0 O 28' 80 6,083 S.F. 2 L20 j “2-A'15 121 3$ r' (R; 0' 81 6,163 S.F. \ 2 5' PUE w 82 6,484 S.F. 1 3 28' i 10 co O N 0 oo 0 cc rn 22 83 SH°T 6 Se� \ 0 N 29 30 31 2? \ \ CURVE DATA NO. DELTA RADIUS LENGTH C1 17'26'49" 300.00' 91.35' C2 03'02'51 " 828.00' 44.04' C3 02'53'33" 828.00' 41.80' C4 03'36'44" 828.00' 52.20' C5 02'55'42" 828.00' 42.32' C6 03'40'29" 828.00' 53.10' C7 01'48'39" 828.00' 26.17' C8 04'37' 18" 772.00' 62.27' C9 02'35'28" 772.00' 34.91' C10 09'32'03" 272.00' 45.26' C 1 1 1 1'28'01 " 262.00' 52.44' C12 00'02'08" 1623.75' 1.01' C13 00'02'08" 1528.00' 0.95' SEE SHEET 12 N 79•10'56„ E 102.61' 33 6,030 S.F. 5' PUE 37" E (R N 4. 104.2 ' 0 \ 2 73. 0 cP 34 5,864 S.F. LP 11 62 o3" 0191 \ 35 5,525 S.F. 11 5$ 9$ g5 36 5,359 S.F. 0' 'O 0? 5' PUE 11.5$ 08 N 37 0' 'o LINE DATA NO. BEARING LENGTH L1 N 00'03'53" W 10.00' L2 N 89'56'07" E 46.00' L3 N 00'03'53" W 10.00' L4 N 89'56'07" E 46.00' L5 N 00'03'53" W 10.00' L6 N 89'56'07" E 46.00' L7 N 00'03'53" W 10.00' L8 N 89'56'07" E 46.00' L9 N 89'56'07" E 46.00' L10 N 00'03'53" W 10.00' L11 N 00'03'53" W 10.00' L12 N 89'56'07" E 46.00' L13 N 00'03'53" W 10.00' L14 N 89'56'07" E 46.00' L15 N 06'08'36" W 10.00' L16 N 83'51'24" E 53.44' 25 5' PUE if 9' 03, 0 24 5,516 S.F. 109'55 23 5,655 S.F. \ \ L9'As"E 110431 SHEET 6 OF 12 SHEETS N 83'57'19" E (R) 7 NG Pi a0 1..co \ 0 2 IQ co 13 �28 01 vo�\ o. A LINE DATA NO. BEARING LENGTH L17 N 00'03'53" W 10.00' L18 N 89'56'07" E 46.00' L19 N 12'55'07" W 10.00' L20 N 77'04'53" E 50.87' L21 N 00'03'53" W 10.00' L22 N 89'56'07" E 46.00' L23 N 16'38'45" W 10.00' L24 N 73'21'15" E 46.63' L25 N 00'03'53" W 10.00' L26 N 89'56'07" E 46.00' L27 N 17'30'42" W 64.23' L28 N 74'34'33" W 10.72' L29 N 17'30'42" W 45.09' L30 N 63'52'07" W 21.71' L31 N 40'58'44" E 22.63' L32 N 69'46'27" E 62.62' L33 N 69'46'27" E 107.71' 228 Z 22 5,793 S.F. 5' PUE N122g,' E ,c5g 21 co 0' 0 o_ \ 0 crA crl -23 cp cry SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS to J.N. 2497 VARIES i0 "in r7 .n 0 N) 0 0 w 0 N) 0 0 z 0 rn Lri O r VARIES O cci 0 N 10 N M 0 N) N O SEE SHEET 8 5' PUE N 89'56'07" E 103.75' 113 5,066 S.F. N 89'56'07" E 58.79' MI N J L22 0 O 0 112 cd 5,512 S.F. N 89'56'07" E 105.72' 62 5,631 S.F. N 89'56'07" E 106.75' 61 6,248 S.F. 5' PUE N 89'56'07" E 81.40' N co 228.41' N 16.41 ' • LOT "LL" 7 89'56'07" E 83.49' 0.032 AC. (OPEN SPACE) N 89'56'07" E 105.16' O 0 60 0 6,242 S.F. N 89'56'07" E 110.43' 59 5' PUE 5,420 S.F. N 89'56'07" E 65.46' JI 58 SEE SHEET 6 L4 0 O IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 28' 28' McCARTHY STREET NI N 0 co 0 O 0 0 N)IN r') 0 0 0 z 1- w CC J IN Mco O �U ci' b 28' 28' z (PUBLIC STREET) L26 L25 N J /43 0 N BECKER STREET LOT "E" N 89°56'07" E 611.23' (PUBLIC STREET) 0.724 AC. N 89'56'07" E 525.23' 75.00' _ _67.00' 4$ Q0; - -4Z04 - -. - 43.00' 5' PUE 111 'rnIn�' N _1J 4,905 S.F. 1 o 0 in 0 0 N. -5' PUE o 0 0 O0 o L30 L28 I N 89'56'07" E �N 110 109 108 107 90.01' 0 7,303 S.F. 5,862 S.F. 4,493 S.F. 5,317 S.F. 63 in I 0 r)0 0 �- b b ON 3,947 S.F. cd 0 0ri 0 0 0rn 0 j o z b 0 z b 0 00 0 0 L19 0 z z N 89'56'07" E z L21 I 405.00' M i 67.00' -� �- 58.00' -� 37.00' r 53.00' -� `� 59.00' 42.47' "- 53.00' -� 44.00' 0 1 in 64 4 zj 4,468 S.F. 10 00'03'53" W 657.22' z c J J N 89'56'07" E 66 ;,) _ 67 68 _ 69 90.00' 0 5,605 S.F. M 0 S.F.4,495 L17 4,575 S.F. In0 4,640 S.F. L14 Sri o in o i) - .i.r4 °) b rn b rn N1 0 0 � I 65 � z z 4,815 S.F. 75.00' N 89°56'07" E 601.44' L5 5' PUE 101 5,416 S.F. 0 J / - --59.00'- 52.47' - - N 89'56'07" E 330.04' DEXTER STREET (PUBLIC STREET) 260.00' N 89'56'07" E 174.00' LOT "KK" 0.101 AC. (OPEN SPACE) L6 N 89'56'07" E 95.40' 100 L8 74 6,405 S.F. N 89'56'07" E 108.60' 75 5,296 S.F. N 89'56'07" E 62.60' JI N co L12 28' 0 28' N 0 W `o> 0 C 0"'Oo o e Z`� O N CJ ZmzOJO obZI O I i r 5' PUE -43.00'-----54.00' LOT "D" 0.838 AC. M J 106 70 1 13.04' SEE SHEET 12 L24 89'56'07" E 70.04' LOT "JJ" 0.130 AC. (OPEN SPACE) 0 cD N 00'03'53" W 29 5' PUE 30 0' SHEET 7 OF 12 SHEETS LINE DATA NO. BEARING LENGTH L1 N 23'52'56" E 27.14' L2 N 23'46'46" W 27.46' L3 N 00'03'53" W 10.00' L4 N 89'56'07" E 46.00' L5 N 84'59'06" W 90.76' L6 N 89'56'07" E 5.00' L7 N 42'15'04" E 21.69' L8 N 86'16'46" W 94.21' L9 N 89'56'07" E 46.00' L10 N 00'03'53" W 10.00' L11 N 00'03'53" W 10.00' L12 N 89'56'07" E 46.00' L13 N 00'03'53" W 46.00' L14 N 89'56'07" E 10.00' L15 N 00'03'53" W 49.00' L16 N 00'03'53" W 46.00' L17 N 89'56'07" E 10.00' L18 N 00'03'53" W 49.00' L19 N 89'56'07" E 44.00' L20 N 00'03'53" W 10.00' L21 N 89'56'07" E 46.00' L22 N 89'56'07" E 46.00' L23 N 00'03'53" W 10.00' L24 N 89'56'07" E 86.00' L25 N 89'56'07" E 86.00' L26 N 89'56'07" E 86.00' L27 N 00'03'53" W 86.00' L28 N 89'56'07" E 10.00' L29 N 00'03'53" W 46.00' L30 N 89'56'07" E 10.00' L31 N 00'03'53" W 46.00' L32 N 44'56'07" E 21.21' L33 N 45'03'53" W 21.21' L34 N 45'03'53" W 21.21' L35 N 44'56'07" E 21.21' L36 N 44'56'07" E 21.21' L37 N 45'03'53" W 21.21' L38 N 44'56'07" E 21.21' 40' 80' 120' 160' SCALE 1 "=40' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS J.N. 2497 (N 00'05'32" W 0 O 10 N W z W^ aw < J O 1- PI - CC 0 108' VARIES N 00'05'32" W N N 86'04'52" W c\I1° (R) N 89'56'07" E 93.24' N 0 CC in N1 101.72' 00 N 79'32'54" W (R) PRC 117 4,660 S.F. N 89'56'07" E 54.27' N 84'43'19" W (R) N 89'56'07" E co co :.- CO "' 1.-.1- N O 0 N 115 g I 'Col 5,493 S.F. - O oNo o J c) ct o L3 to E,N 89'56'07" E NI 0 0 z 56.86' 1 r o - o� .8 f 114 0 z E. 5,212 S.F. � 7.0 to 5' PUE N 89'56'07" E 103.75' O 0 z 28' 28' 0. IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 GERALD FORD DRIVE (PUBLIC STREET) 28' W %�CC W 5' PUE- o w O COr�i I L4 1 m 1 Q" 0 U 116 v r o 4,206 S.F. I. to 0 N 28' (N 89'56'07" E 2049.92') R1 _ (1675.99') R1 R1 (N 89'56'07" E) 1479.95' 1080.87 in N LOT "T" 0.572 AC. N 89'56'07" E 1035.15' (OPEN SPACE) 46.10: 53.90: 46.50' 53.50' N 121 to 0 122 5,245 S.F. o 0 4,609 S.F. co,o °' tL 0 z co m L7 123 4,391 S.F. In 00 o O z 124 4,645 S.F. L10 co J J 125 4,355 S.F. 46.50' 126 4,645 S.F. 53.50' 45.30' N J J L13 127 4,355 S.F. ro o O 0 0 o°' O z 128 L16 129 4,537 S.F. 5' PUE �5' PUE 7-21.15' - 6.10'-----43.90'----- 56.50'-----43.50'---56.50'------43.50'---455.30' '--- N 89'56'07" E 841.51' 0 N J SHEET 8 OF 12 SHEETS CURVE DATA NO. DELTA RADIUS LENGTH N 10'32'38" 256.53' 47.21' 09'24'00" 268.46' 44.04' C3 90'00'00" 32.00' 50.27' C4 83'57'59" 64.86' 95.05' C5 42'58'48" 64.86' 48.65' C6 40'59' 1 1 " 64.86' 46.40' C7 15'28'56" 88.00' 23.78' C8 29'57'01" 88.00' 46.00' C9 26'59'37" 88.00' 41.46' C10 17'34'26" 88.00' 26.99' C1 1 06'31'58" 256.53' 29.25' C12 04'00'40" 256.53' 17.96' C 13 05'10'25" 268.46' 24.24' C14 04'13'35" 268.46' 19.80' C15 90'00'00" 60.00' 94.25' LINE DATA NO. BEARING LENGTH (L1) N 44'55' 18" E 24.03' L2 N 00'03'53" W 10.00' tv L3 N 89'56'07" E 46.00' STORKE DRIVE °° LOT "G" L4 N 89'56'07" E 46.00' (PUBLIC STREET) N 89 ° 56' 07" E 841 .51 '� - 1.349 AC. L5 N 00'03'53" W 10.00' 551.23' L6 N 00'03'53" W 46.00' L7 N 89'56'07" E 10.00' oo L8 N 00'03'53" W 44.00' r N 89'56'07" E 508.23' L10 N 89'56'07" E 10.00' 27.56; _ _ 4 .0O' - - 47.00' _ _ _ _ 43.00' _ _ _ _ 47.00' 52.00' 47.40'- - 424Q_ L1 1 N 00'03'53" W 46.00' 5' PUE 5' PUE L12 N 00'03'53" W 44.00' L13 N 89'56'07" E 10.00' N N N N L14 N 00'03'53" W 46.00' J J J J L15 N 00'03'53" W 44.00' L16 N 89'56'07" E 10.00' L17 N 00'03'53" W 46.00' L28 - L26 - L24 - L22 '�o '�o '�o "�0 L18 N 45'03'53" W 21.21' 150 M 0 149 148 M 0 147 146 ;� 0 145 144 0 143 142 L19 N 44'56'07" E 21.21' 6,272 S.F. 'o0 0 5,317 S.F. 4,493 S.F.o 0 5,317 S.F. 4,493 S.F.o 0 6,298 S.F. 4,493 S.F. 0 6,015 S.F. L20 N 00'03'53" W 22.00' 0 0 0 0 0 L21 N 00'03'53" W 46.00' 0 iO . � . it . i� .. L22 N 89'56'07" E 10.00' z M o z M o z 00 z o w L23 N 00'03'53" W 46.00' 0 00 00 00 00 = L24 N 89'56'07" E 10.00' b 0 b 0 CIS L25 N 00'03'53" W 46.00' to z z z z L26 N 89'56'07" E 10.00' W L27 N 00'03'53" W 46.00' N 89'S6'07" E 555.23' I- 59.56' .- 53.00' -„ 37.00' .- 53.00' -., 37.00' �- 62.00' -. 37.00' �- 59.40' -. W L28 N 89'56'07" E 10.00' 37.00' �- CO 53.00' 37.00' �- 53.00' -' 44.00' 53.00' -� 42.20' L29 N 00'03'53" W 49.00' to L30 N 89'56'07" E 10.00' PO M L31 N 00'03'53" W 46.00' O L32 N 00'03'53" W 49.00' 0 J J in J n L33 N 89'56'07" E 10.00' z L34 N 00'03'53" W 46.00' ID 151 6 to 0 152 153 ro 0 154 155 0 156 157 0 158 159 L35 N 00'03'53" W 49.00' (0 5,546 0 L30 0 L33 0 L36 o L39 L36 N 89'56'07" E 10.00' 0 3,975 S.F. 4,575 S.F. M 3,975 S.F. 4,575 S.F. M 4,640 S.F. 4,575 S.F. to 4,469 S.F. o to o o co 0 to L37 N 00'03'53" W 46.00' o O) 0 °' o °' 0 °' L38 N 00'03'53" W 49.00' O O O 0 z z z z L39 N 89'56'07" E 10.00' O L40 N 00'03'53" W 46.00' J J J J L41 N 00'03'53" W 56.00' L42 N 00'03'53" W 86.00' N J • N f�5' PUE / 44.56r 47.00'- - - - 43.00'- - - - 47.00'- - - - 43.00'- - - --54.00- - - - - 43.00' - N 89'56'07" E 525.23'- 111 SEE SHEET 7 N co BECKER STREET (PUBLIC STREET) 110 N 89 ° 56 ' 07_ E 611 .23 '- N 89'56'07" E 525.23'- ,/� 5' PUE -/r-52.20'--- ----- LOT "E" 0.724 AC. 109 t 108 1 107 106 1 105 0' 40' 80' 120' 160' SCALE 1 "=40' SEE SHEET 2 FOR EASEMENT NOTES 104 SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS J.N. 2497 SEE SHEET 8 54.70' J 128 L2 129 '0 o 4,463 S.F. ) 0 ba) O z M J GERALD FORD DRIVE (PUBLIC STREET) N N 44.50' 55.50' 130 4,465 S.F. (N 89'56'07" E 1479.95') R1 N 89'56'07" E 1035.15' 45.60' 53.80' N. J J L5 0 0 00 b c) O z (D O) J J 131 4,535 S.F. 132 4,564 S.F. L8 133 4,382 S.F. 'n 0 0 0 b rn 0 z LOT "T" 0.572 AC. (OPEN SPACE) 45.60' 134 4,564 S.F. (N 89'56'07" E 2049.92') R1 I0 53.00' 45.00' 53.00' O I) J J L11 135 0 136 L14 137 ff)0 0 4,310 S.F. 0 0 4,510 S.F. 4,310 S.F. o 0 0 0 N J z to J 5' PUE '-- -----44.7054.50'--- --45.50'-----55.60'-----.43.80'-----55.60'-----43.00'--,--55.00'-- N 89'56'07" E 841.51' 47.00' J 551.23' 0 STORKE DRIVE (PUBLIC STREET) N co N 89'56'07" E 508.23' 57.8G' 41.47' 5' PUE L24 N 89°56'07" E 841.51' LOT "G" 28' I 28' L17 1- 143 142 M o 141 M 140 W 4,493 S.F.o 0 6,300 S.F. o 0 6,697 S.F. o CC o O 4 1- to _ °) CO�n o z z I 0 0 r7 O ` o Mi 4 T bt° W 0 z -I i- o0 N 89'56'07" E 555.23' 37.00' ,- 57.80' -. � 62.47' _ih a (0 - �- 53.00' 52.00' �_ 71.47' :.4)(V O I IN b r7 0 ao z J 158 L19 0 N J 159 4,575 S.F. ----43.00'-- LOT "E" 0.724 AC. 160 4,940 S.F. 5' PUE - 52.00' N 89'56'07" E 525.23' BECKER STREET N 89°56'07" E 611.23' (PUBLIC STREET) N 89'56'07" E 525.23' 161 6,677 S.F. N co N co 5' PUE 105 104 103 102 0 O 0 oo 10 N J N 0( 03'53" W 1 0 0 28' I 28' (PUBLIC STREET) N 00'C 3'53" 0 O 0 10 ;D �0 1.349 AC. 260.00' N 89'56'07" E 174.00' 80.50' 93.50' N 0 N CO 162 0 173 5,618 S.F. 0 6,397 S.F. 5' PUE 0 N 89'56'07" E 95.50' N 89'56'07" E 108.50' 163 b 172 0 5,253 S.F. Sri 5,967 S.F. Lci to ILn N 89'56'07" E 95.50' N 89'56'07" E 108.50' 164 00 171 co 5,260 S.F. 0 5,976 S.F. 0 W to ��lo O > to cv CNI N 89'56'07" E N 89'56'07" E ro Q `n 95.50' 108.50' Z I I- 2 cc;Q O O in 0 P7 M 0 165 170 0 0 Ia.W b 00 W o 6,415 S.F. 7,049 S.F. � 0 o f z in z 0 5' PUE 43.00'---- SEE SHEET 10 30.28' SHEET 9 OF 12 SHEETS IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 N 04'35'03" E L23 C2 (R) 28' 28' (PUBLIC STREET) N 89'56'07" E N 89'56'07" E a) O 166 0 169 5' PUE o �I co 5,934 S.F. 0 6,306 S.F. 0 0 0 N I co 5' PUE _1 o N 89'56'07" E N 89'56'07" E of 98.90' 105.10' I z 28' 28' 1 I 167 168 SEE SHEET 12 LOT "U" 0.1 16 AC. (OPEN SPACE) 174 175 176 5' PUE 177 178 SEE SHEET 10 NO. C1 C2 CURVE DATA DELTA RADIUS 21'53' 10" 200.00' 04'38'56" 172.00' LINE DATA LENGTH 76.40' 13.96' NO. BEARING LENGTH L1 N 00'03'53" W 44.00' L2 N 89'56'07" E 10.00' L3 N 00'03'53" W 46.00' L4 N 00'03'53" W 44.00' L5 N 89'56'07" E 10.00' L6 N 00'03'53" W 46.00' L7 N 00'03'53" W 44.00' L8 N 89'56'07" E 10.00' L9 N 00'03'53" W 46.00' L10 N 00'03'53" W 44.00' L11 N 89'56'07" E 10.00' L12 N 00'03'53" W 46.00' L13 N 00'03'53" W 44.00' L14 N 89'56'07" E 10.00' L15 N 00'03'53" W 46.00' L16 N 00'03'53" W 46.00' L17 N 89'56'07" E 10.00' L18 N 00'03'53" W 49.00' L19 N 89'56'07" E 10.00' L20 N 00'03'53" W 46.00' L21 N 00'03'53" W 170.08' L22 N 00'03'53" W 120.00' L23 N 89'56'07" E 73.28' L24 N 89'56'07" E 86.00' L25 N 00'03'53" W 86.00' L26 N 45'03'53" W 21.21' L27 N 44'56'07" E 21.21' L28 N 45'03'53" W 21.21' L29 N 44'56'07" E 21.21' L30 N 45'03'53" W 21.21' L31 N 47'15'35" E 22.06' o' 40' 80' 120' 160' SCALE 1 "=40' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS J.N. 2497 SEE SHEET 9 137 1080.87' 0 LOT "T" 0.572 AC. (OPEN SPACE) oN N 89'56'07" E 1035.15' -� 47.00' 53.00' M cn O o • o o O O z 138 4,239 S.F. 5' PUE - - -24.36' C7- 841.51' N 89'56'07" E M 10 O 0 O z N 89'56'07" E �841.51' 30.28' C31 cc cc m rn O to N NI rn 10 ice) t) 0 8 I O z L10 C14 28' 28' N '`)1 ro rn 139 5,083 S.F. N 05'38'07" E (R) C16 C2 C3 (R a• C6 Cr) a) N N') O O 0 O z N, LOT "U" 0.116 AC. .0 ,5 (OPEN SPACE) 92. 74, 174 6,713 S.F. PUE N 89'56'07" E 95.00' 175 5,890 S.F. N 89'56'07" E 95.00' 176 5,890 S.F. N 89'56'07" E 95.00' 177 5,225 S.F. N 89'56'07" E 95.00' 5' PUE 178 5,587 S.F. -00 80.00' L3 GERALD FORD DRIVE (PUBLIC STREET) N 19' 18'42" E (R) - 68°1� e3C 777,0,4)/fr W ®T 00 ,131.4°' 1349 L4 0 0 N O Cr; rn N co. min M O 0 O N 89'56'07" E 109.00' 43" 'IC 19 93 L5 L6 1.47' 183 6,170 S.F. 5' PUE N 89'56'07" E 109.00' 182 6,758 S.F. N 89'56'07" E 109.00' 181 6,758 S.F. 180 O 5,995 S.F. N 89'56'07" E 109.00' 5' PUE 0 179 O 6,428 S.F. 0 cc) 1 N 89'56'07" E 174.00' 260.00' 94.00' N 89'56'07" E 671.23' SEE SHEET 11 iq N O O N cc 0 O 0 0 28' 28' 10 0 0 N I0 0 (N 89'56'07" E 2049.92') R1 s 28' 28' L8 R1 (N 89'56'07" El 1479.95' 399.08 LOT "QQ" 2.016 AC. (OPEN SPACE) N 55'45'49" E (R) (�0 Lo Cri 0 0 N N 00'03'53" 0 O 0 0 O 0 N 89'56'07" E 227.98' N 78'54'23" E (R) N 89'56'07" E 106.50' 86.50' 00 I KO) �n O 6 O� 0 • z -Z1I O N 89'56'07" E o d UJ 85.00' N 89'56'07" E z II aZl 5' PUE 192 85.00' J . 3,400 S.F. 18 7 2' EVAdli J I O 3,400 S.F. ,� O J I I N 89'56'07" E . N 78'31'40" W V ,r i 0 85.00' LOT "V(R) 2'EVA QI LOT "S" 12.00' 0.022 AC. �`� 0.232 AC. - L14 (OPEN SPACE)�'G�` (ACCESS EASEMENT) �10.0 L15 SPIEKER LANE N 89°56'07" E 95.00' 0 r•) 194 3,825 S.F. �10.00' 3.03' CS) w 0 188 Lo 4,271 S.F. r O2 o oz Z/ 184 3,833 S.F. 2' EVA N 89'56'07" E I o 85.00' co 5' PUE-4.1t - 185 3,400 S.F. N 89'56'07" E 85.00' 186 3,400 S.F. LOT "N" 1.277 AC. L97' 2' EVA `no O ND 0 O z N 89'56'07" E 85.00' 2' EVA N 89'56'07" E 190.00' 42.00' _ _ 42 00; �5' PUE 189 3,486 S.F. 193 3,400 S.F. r0 _ 190 ;�, M o 3,486 S.F. M o o in o M 0 0 z z 39.97' 42.00' 42.00' N 89'56'07" E 174.97' N 89'56'07" E 202.00' } HARPER STREET (PUBLIC STREET) 262.00' 30' In SHEET 10 OF 12 SHEETS IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. 0 0 O L20 co O 0 N 20' co 00'03'53" W N 64'13'22" W (R) N 70'34'11" W 102.04' (R) / N 89'56'07" E 129.00' / 85.00' I '/ \ / 44.00� �I o I6-I tri 0 O 0 5' IJ f I o L L18 0 0 0 N LOT "W" 0.300 AC. i4.) (OPEN SPACE) in /7 (0 0 12.00'� o -� o 2' EVA 191 4,233 S.F. 51.00' 0 O N co in (N 00'03 53 W 1 54' U a� 0 0 oo co (11D VISA CONSULTING, INC. FEBRUARY - 2019 0' CURVE DATA NO. DELTA RADIUS LENGTH C1 68'06'50" 53.00' 63.01' C2 21'53'10" 200.00' 76.40' C3 17' 14' 14" 172.00' 51.75' C4 68'06'50" 25.00' 29.72' C5 02'30'35" 228.00' 9.99' C6 13'40'35" 228.00' 54.42' C7 05'42'00" 228.00' 22.68' C8 11'01'44" 81.00' 15.59' C9 57'05'06" 81.00' 80.70' C10 90'02'24" 12.00' 18.86' C11 90'00'00" 15.00' 23.56' C12 78'27'47" 15.00' 20.54' C13 11'32'13" 15.00' 3.02' C14 04'38'56" 172.00' 13.96' C15 68'06'50" 81.00' 96.29' C16 21'53'10" 228.00' 87.09' C17 25'50'31" 190.00' 85.70' C18 19'29'42" 210.00' 71.45' C19 23'08'34" 81.00' 32.72' LINE DATA NO. BEARING L1 N 34'07'05" (L2) N 45'03'53" L3 N 89'56'07" L4 N 81'26'36" L5 N 76'05'59" L6 N 89'56'07" L7 N 00'03'53" L8 N 89'56'07" L9 N 21'49'17" L10 N 89'56'07" L11 N 45'03'53" L12 N 44'56'07" L13 N 45'03'53" L14 N 89'56'07" L15 N 89'56'07" L16 N 89'56'07" L17 N 00'03'53" L18 N 89'56'07" L19 N 00'03'53" L20 N 89'56'07" L21 N 47'15'35" 40' LENGTH E 30.25' W 24.04' E 5.00' E 15.17' W 25.09' E 52.61' W 1.00' E 86.00' E 56.00' E 73.28' W 21.21' E 21.21' W 21.21' E 70.00' E 123.00' E 84.70' W 70.92' E 20.00' W 70.92' E 20.00' E 22.06' 80' 120' 160' SCALE 1 "=40' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS J.N. 2497 SEE SHEET 12 230 178 L9 , HARPER STREET J ` - 28' Z cc m L10 to 0 0� L „ co ND Io 0 0 z LOT "N" 1.277 AC. LOT "HH"-\ 14.73' N1 5' PUE 236 N OI o I 0 0 0 168 N 89'56'07" E 106.23' N 0 N 0 - 149.23' N 89'56'07" E 106.23' -� LOT "PP" 1.323 AC. (CITY PARK) �1 "O LOg0 w_ 0 611 $ Crave evi N O ve.oc10.°4 co. • 814 5' PUE 231 o, 0 N M. c• 0• c• z IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 179 N 89'56'07" E 174.00' 5' PUE 7,1 SEE SHEET 10 (PUBLIC STREET) _ - N 89 ° 56 ' 07_ E 687.23 ' - 260.00' N 89'56'07" E 174.00' 0.055 AC. (OPEN SPACE) 28' N 83' �/ 39'50" W 85.95' 6.48 (PUBLIC STREET) AD / 0 0 6,363 S.F. N 89'56'07" E 95.00' 235 6,080 S.F. N 89'56'07" E 95.00' 234 6,745 S.F. 233 12,030 S.F. 222 C5 0 0 M 221 L5 N 89'56'07" E 93.00' 215 M oN 6,691 S.F. N 0 5' PUE N 89'56'07" E 109.00' O 216 0 5,995 S.F. 0 O 0 i0 N 0 'n. 0 0 0 N N N N� 0 ,K N 89'56'07" E 109.00' 0 O r< 0 O 'ri 10 217 0 6,758 S.F. cNi 1 (7 r'> N 89'56'07" E 109.00' 218 5,995 S.F. 0 00 O ir'z N 89'56'07" E 109.00' 5' PUE 219 7,742 S.F. (D 0 N 03'55'52" W I (R) \ 28' C4 I L7 4- 28' N 1 0 N 220 WALLACE STREET (PUBLIC STREET) O -rr)In 01 O 0 L8 188 14.14' 28' 48.00' 0 O 10 0 198 O z r,, 0 O 0 z SEE DETAIL 'A' 189 190 N 89'56'07" E 202.00' 262.00' 191 N 89'56'07" E 202.04' LOT "11" 0.048 AC. (OPEN SPACE) N 89'56'07" E 218.82' N 89'56'07" E 180.00' 42.00' 42.00' 28.11' 28' M 0 0 0 zl 4,080 S.F. • 197 `n 0 3,570 S.F. o oo 0 O -,`nr, 0 3,570 S.F. - 010 O 0 0 z z AT BOTTOM RIGHT - 48.00' - 42.00 N 89'56'07" E 12.00' L2 0 0 0 7 0 O 0 0 O 0 0 O - 95.00' McMILLAN LANE __2(_,,N° LOT "Q" 0.421 AC. (ACCESS EASEMENT) N 89'56'07" E 2' EVA 48.00' 196 .s.,, 195 O 4,080 S.F. 0 LI) LID 00 03 z 5' PUE N co N co 12.08' 2' EVA -42 00'7 - 'r 48 00' 10.00 0 L4 10.00' rLOT G"Z 12.30� 0.023 AC. (,OPEN SPACE) N 89'56'07) E 84.76' - C12 CT)0 M N M 214 0 ▪ �,.II 3,400 S.F. N 89'56'07" E 85.00' 213 3,400 S.F. N 89'56'07" E 85.00' 5' PUE 212 3,400 S.F. N 89'56'07" E 85.00' O 211 0 3,400 S.F. SEE SHEET 4 N 89'56'07" E 85.00' 210 2' EVA o L3 199 0 3,400 S.F. N 89'56'07" E z 85.00' ZI 5, � j 0 z - 0CC II o1 00 0 I o N 0 0 OM M cs M I 'v (0 O I J r O 0 �l 0 o O z I I I II I I� 0 PUE 20O 0 3,400 S.F. N 89'56'07" E 85.00' 201 3,400 S.F. N 89'56'07" E 85.00' 2' EVA 202 3,400 S.F. N 89'56'07" E 85.00' 203 3,400 S.F. N 89'56'07" E 85.00' 0 0 Q_lI 0 00 0 0 oN 0 00'03'53" W z L18 cP (D 0 03 O N 00'03'53" W N L19 5' 00'03'53" W 370.01' z L21 0 0 PACIFIC AVENUE Io O co co (N 00'03'53" W O 0 I10 - 0 0 r< ID 0) 0 0' I , SHEET 11 OF 12 SHEETS CURVE DATA NO. DELTA RADIUS LENGTH C1 72'22'07" 53.00' 66.94' C2 72'22'07" 25.00' 31.58' C3 16' 17'41 " 1623.75' 461.79' C4 03'52'00" 1623.75' 109.58' C5 02'29'30" 1623.75' 70.61' C6 03' 1 1 ' 14" 1623.75' 90.33' C7 13'36'27" 81.00' 19.24' C8 33'59'16" 81.00' 48.05' C9 24'46'24" 81.00' 35.02' C10 90'00'00" 15.00' 23.56' C11 79'38'56" 15.00' 20.85' C12 10'21'04" 15.00' 2.71' C13 72'22'07" 81.00' 102.31' C14 00'37'14" 3089.00' 33.46' C15 00'05'42" 3084.00' 5.11' LINE DATA NO. BEARING L1 N 34' 13'04" L2 N 89'56'07" L3 N 89'56'07" L4 N 89'56'07" L5 N 89'56'07" L6 N 47'39'42" L7 N 89'56'07" L8 N 89'56'07" L9 N 89'56'07" L10 N 89'56'07" L11 N 00'03'53" L12 N 00'03'53" L13 N 00'03'53" L14 N 45'03'53" L15 N 44'56'07" L16 N 45'03'53" L17 N 44'56'07" L18 N 89'56'07" L19 N 89'56'07" L20 N 10'01'14" L21 N 89'56'07" L22 N 10'01'14" L23 N 34'07'05" L24 N 00'03'53" 40' 0 LENGTH W 30.21' E 123.11' E 95.00' E 70.00' E 5.00' E 14.87' E 86.00' E 86.00' E 86.00' E 86.00' W 53.00' W 237.00' W 242.30' W 21.21' E 21.21' W 21.21' E 21.21' E 43.20' E 21.63' W 91.50' E 42.08' W 37.52' E 30.25' W 535.08' DETAIL •A• NOT TO SCALE 80' L3 120' 160' SCALE 1"=40' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS J.N. 2497 SEE SHEET 7 SEE SHEET 8 N 89°56'07" E BECKER STREET (PUBLIC STREET) N 89'56'07" E 525.23' ----_47s00L----48.00'---- 5' PUE r) J 107 N 89'56'07" E 405.00' 69 co J L30 N 00'03'53" W (7). c0 106 4,493 S.F. O 0) O N 00'03'53" W 105 5,862 S.F. c.'J J L28 z 104 4,493 S.F. 37.00' 58.00' 37.00' �— 53.00' 44.00' ' — 53.00' —' L17 c0 J 70 4,575 S.F. N 89'Sti:07E 330.04' DEXTER STREET N 89'56'07" E 601.44' 113.04' - L26 0) 10 r�I 10 0 0 0 z 0IQ H r7 O N O CC Z O Z QI� U 10 co oO JI o1 O 0 0 ^(1 4 ro 10 ih 0 0 0 z fo U O 0 N N r N a; N 0 ui 10 0 0 O z J 71 O 4,7 5S.F. L12 0) 3.57' (PUBLIC STREET) N 89'56'07" E 70.04' 5' PUE L11 29 6,447 S.F. N 89'56'07" E 105.01' 30 6,403 S.F. 5' PUE 72 4,873 S.F. C29- — — z C39 LOT "JJ" 0.130 AC. (OPEN SPACE) N 88'25'33" E (R) 104.78' 31 6,017 S.F. N 83' 48' 14" E (R) 102.92' 32 5,979 S.F. N 79.10'56„ 102.61 33 5.05'( O a) 06 co O a; to 03. C3 C12 L10 51.45' N ih 1) 0 0 0 O z C28- a) (R) ) 28 7,027 S.F. 0 O a) O N 00'03'53" W N N oo C27 611.23' LOT "E" 0.724 AC. 103 6,322 S.F. I-LS o 8q o 0 330R 58.00' 56.53' 73 0 0 0 O O Fo 10 O 0 O z o 4. Sri ^- 8,382 S.F. 5' PUE N 89' 10'04" E 101.00' 27 5,631 S.F. N 89' 10'04" E 101.00' 26 6,154 S.F. • 82'04'40" E (R) 99.30' o SEE DETAIL 'A' I O AD N U L24 0 o I dI I 28' M M N O !-0tr0 I z z • I I tO T RIGHT 25 6,276 S.F. 'Zg' 99. 1 J \ co 24 1\ SEE SHEET 6 O v Co N • 0 O 0I O 28' 102 9,100 S.F. f N J H W W 0 0 N 68'48'33" E (R) AJ N 34'30'26" W G> A- (R) • S A� 4 c; co J 0 U Co a; 1) L32 1,▪ 3 9.17' 0 (51 Z z� 228 8,030 S.F. 1-27 Cl 1 227 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-1 SHEET 12 OF 12 SHEETS BEING A SUBDIVISION OF PARCELS 1, 2 AND 3 OF PMW 10-167, AS SHOWN ON DOC. NO. 2010-0425283, TOGETHER WITH PARCELS DESCRIBED IN DOC. NO. 2006-0951880 AND DOC. NO. 2008-0640595, 166 LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. MSA CONSULTING, INC. FEBRUARY - 2019 SEE SHEET 9 5' PUE 67 AT BOTTOM RIGHT 0) SEE DETAIL 'B' 5,882 S.F. N 70'30'39" E (R) (R) 105.10' 168 6,193 S.F. on • o 5' PUE 030 229 6,539 S.F. O. CB ; HARPER STREET A LOT "PP" 1.323 AC. (CITY PARK) 226 1-3 5' PUE 230 05 225 L22 c°- • (PUBLIC STREET) 149.23' LOT "N" 1.277 AC. 0. se- 231 0 be 224 co cNi ND uu cc ca CC UU an 0_ goi 232 223 0 SEE SHEET 10 SEE SHEET CURVE DATA LINE DATA NO. DELTA RADIUS LENGTH NO. BEARING LENGTH PUE • LO DETAIL •A• NOT TO SCALE 40' 80' o 0 5' PUE 166 DETAIL 'B' NOT TO SCALE 120' SCALE 1"=40' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS J.N. 2497 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: , 20 University Park Investor, LLC (Referred to as "SUBDIVIDER"). NAME OF SUBDIVISION: Tract Map No. 37506-1 No. of Lots: 236 (Referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2745 (Referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: 7-29-2019 (Referred to as Improvement Plans) ( (TM No: 37506) ESTIMATED TOTAL COST OF IMPROVEMENTS: $ (excluding park improvements) $2,821,992.00 ESTIMATED TOTAL COST OF MONUMENTATION: S60.000 SURETY: BOND NOS: 800114796 SURETY: Atlantic Specialty Insurance Company -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of Califomia, hereinafter referred to as "CITY", and the SUBDIVIDER. revised 12-16-2020 RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. The required grading work is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Grading Only Agreement), and the required park improvement work is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Parks Improvement Agreement). D. In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. revised 12-16-2020 - 2 E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. As used in this Agreement, "City Engineer' means the City Engineer of CITY, or if there is no City Engineer, then the Director of Public Works of CITY or such other CITY official then performing the functions of the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. H. All public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it revised 12-16-2020 - 3 pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER's Obligation to Construct Improvements. SUBDIVIDER shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. c. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans. d. Acquire, or pay the cost of acquisition by CITY, and dedicate all rights - of -way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to revised 12-16-2020 - 4 accommodate the SUBDIVISION. e. Commence construction of the improvements by the time established in Section (22) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, unless a time extension is granted by the CITY as authorized in Section (22). f. Install all SUBDIVISION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installed within one year of said acceptance. g. Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: revised 12-16-2020 a. The offer of dedication to CITY of appropriate rights -of -way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, CITY of appropriate rights -of - way, easements or other interests in real property, as determined by the City Engineer, or c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section (2) shall be construed as authorizing or granting an -5 extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement in an amount of 100% of the estimated cost of the improvements and conforming to the requirements of Section 25 of this Agreement (concerning prevailing wages) and Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and which amount of such security shall be increased automatically by the SUBDIVIDER upon an increase in the cost of construction of the improvements or any of them, such that the payment bond(s) at all times shall be in an amount not less than 100% of the sum of the total amount payable pursuant to any construction contract(s) relating to the improvements and the estimated cost of any improvements not yet subject to a construction contract, and if the SUBDIVIDER fails to so increase the amount of the security in connection with such an increase in construction costs of the improvements, the SUBDIVIDER shall provide the additional security within thirty (30) days after receiving demand from the City Engineer therefor; and revised 12-16-2020 6 c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1)(f) for a period of one year plus thirty (30) days from formal acceptance by the City Council. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Improvement Plans. a. Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the revised 12-16-2020 7 improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b. Any changes, alterations or additions to the Improvement Plans, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the security given to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement. In the event of any changes, alterations, or additions that increase the estimated cost of the improvement above the original estimated cost of the improvement, SUBDIVIDER shall provide security to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. c. The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to revised 12-16-2020 -8- the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. 6. Release of Securities. The securities required by this Agreement shall be released as following: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final revised 12-16-2020 9 revised 12-16-2020 completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at the date that is the latest of (i) six (6) months after completion and acceptance of the work, (ii) fifteen (15) days following the expiration of the applicable statutory period in which any person may bring suit against the surety(ies) on a payment bond as set forth in Sections 8609 or 9558 of the California Civil Code, or (iii) fifteen (15) days following the expiration of the applicable statutory period in which any person may record a lien pursuant to Sections 8412 or 8414 of the California Civil Code, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens or suit have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. - 10 - e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Iniury to Public Improvements. Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. revised 12-16-2020 a. Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements; (3) SUBDIVIDER's failure to timely cure any defect in the improvements; - 11 - (4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (6) SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. revised 12-16-2020 - 12 - CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. 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 but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty revised 12-16-2020 - 13 - period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. revised 12-16-2020 - 14- 13. Environmental Warranty. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: revised 12-16-2020 a. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; b. Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, c. SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the - 15 - purpose for which is it is intended, transferability or suit under any environmental law. 14. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 15. SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 16. Vesting of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 17. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60) days from the date the City Engineer certifies that the work has been finally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. 18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and revised 12-16-2020 - 1 6 - subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for revised 12-16-2020 - 17- routine maintenance. Provisions of this Section shall remain in full force and effect for ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. In the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of the Resolution of Approval, the project approvals set forth therein or the project approvals themselves, or the terms of those approvals, including the failure to include specific terms, SUBDIVIDER and CITY each shall have the right, in their sole discretion, to elect whether or not to defend such action. SUBDIVIDER, at its sole expense, shall defend, indemnify, and hold harmless the CITY (including its agents, officers, and employees) from any such action, claim, damages, or proceeding of whatever nature with counsel chosen by the CITY, subject to SUBDIVIDER's approval of counsel, which shall not be unreasonably denied, and at SUBDIVIDER's sole expense. If the CITY is aware of such an action or proceeding, it shall promptly notify SUBDIVIDER and cooperate in the defense. SUBDIVIDER, upon such notification, shall deposit sufficient funds in the judgment of the CITY's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the CITY expends no CITY funds. If both parties to this Agreement elect to defend, the parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, CITY and SUBDIVIDER shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. SUBDIVIDER and CITY shall each have sole discretion to terminate its defense at any time. CITY shall not settle any third party litigation revised 12-16-2020 - 18 - arising from the Resolution of Approval, or the project approvals set forth therein, without SUBDIVIDER's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless SUBDIVIDER materially breaches this indemnification requirement. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. 19. Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's obligations under this Agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. If the CITY does consent to a transfer of this Agreement and the transferee assumes all of SUBDIVIDER's obligations so transferred, SUBDIVIDER shall be released of its transferred obligations hereunder, all as more specifically provided in an agreement to be entered into in connection with such transfer and in form and substance acceptable to the City Attorney. 20. Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. 21. Time of the Essence. Time is of the essence in the performance of this revised 12-16-2020 - 19- Agreement. 22. Time for Commencement of Work: Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 23. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date revised 12-16-2020 - 20 - it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: Notice to SUBDIVIDER: with a copy to. Notice to SURETY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director University Park Investor, LLC 801 San Ramon Valley Blvd., Suite F Danville, CA 94526 Attn: Ravi Nandwana University Park Investor, LLC 4400 MacArthur Boulevard, Suite 700 Newport Beach, CA 92660 Attn: Rory Ingles AMt1ucA4 sper.4Acrr i/lsd+ut ie to. N t c Fip KYrA I A a ot% , siet1 UNPCi..NJ J1 (- 1. 9TAVE ItTneer Pam*. 3t V64o2- t4 V Y , tY (0004 25. Compliance With Laws: Labor Code Provisions. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. revised 12-16-2020 The CITY hereby states pursuant to Section 1781 of the California Labor Code ("Labor Code") that the construction by the SUBDIVIDER of any public improvements required by the Conditions of Approval (as defined hereinbelow) is "public work" (as defined in, and within the meaning of, Section 1720 of the Labor Code) to which Section 1771 of the Labor Code applies. While acknowledging but without expressing any concurrence with -21 - revised 12-16-2020 the position stated in the foregoing sentence, the SUBDIVIDER hereby agrees that it shall (i) require the construction of all public improvements required by the Conditions of Approval, including but not limited to those identified as CFD eligible facilities in Schedule "A" attached hereto, to be performed as "public work" to which Section 1771 of the Labor Code applies, and (ii) in furtherance of Section 1781(a)(2)(C) of the Labor Code, comply with all payment bonding requirements of the CITY with respect to such public improvements, including but not limited to the provision by the SUBDIVIDER to the CITY of a payment bond with respect to each subject construction contract (A) securing with respect to such contract the payment of claims of laborers (including but not limited to the payment of prevailing wages as required by this Section 25), material suppliers, and other persons as provided by law, (B) conforming with the requirements of Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and (C) naming the CITY as an obligee unto which the SUBDIVIDER, as principal, and the surety are bound. In the event a contractor to whom the SUBDIVIDER awards a subject construction contract provides a payment bond meeting the foregoing requirements and also naming the SUBDIVIDER as an additional obligee unto which the contractor, as principal, and the surety are bound, such contractor's payment bond shall be deemed as the provision by the SUBDIVIDER of a payment bond hereunder. As used in this Agreement, "Conditions of Approval" means, with respect to any portion of the property within the SUBDIVISION, the conditions of approval of all land use entitlements approved by the CITY or any other governmental agency, including but not limited to the Resolution of Approval, and the conditions of this Agreement and any development agreement, which conditions must be satisfied in order to develop such property. Without limiting the foregoing, with respect to improvements to be - 22 - constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder, SUBDIVIDER shall require the contractor and subcontractors to pay prevailing wages and to comply with all applicable prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage laws. In addition, the SUBDIVIDER agrees to require any person or entity to whom the SUBDIVIDER sells the property within the SUBDIVISION to comply with this Section 25. Notwithstanding the foregoing, the CITY and the SUBDIVIDER agree that (x) this Agreement is not intended to be a public works contract; (y) the subject public improvements are of local and not state-wide concern, and (z) the foregoing shall not in any way imply or be construed to mean that this Agreement or the subject public improvements constitute a public work for any purpose other than to assure compliance with the Labor Code. 26. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 27. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 28. Litigation or Arbitration. In the event that suit or arbitration is brought to revised 12-16-2020 - 23 - enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 29. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. 30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 31. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 32. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended to nor shall be construed to create or extend any rights or benefits to any third party, other than the Parties hereto. 33. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. revised 12-16-2020 [signature page follows] - 24 - By: Name: Title: IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. SUBDIVIDER: UNIVERSITY PARK INVESTOR, LLC, a Delaware Limited Liability Company 41e. go likaw--T j2A PA,J OV t c.FF VAX *I A evert` (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) revised 12-16-2020 CITY OF PALM DESERT By: KATHLEEN KELLY, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY - 25 - revised 12-16-2020 SCHEDULE A CFD ELIGIBLE FACILITIES - 26 - University Park - Palm Desert, CA Preliminary CFD Eligible Facilities/Fees 12/2/2020 Facilities/Fees City of Palm Desert Storm Drainage Street Improvements Landscaping & Irrigation Site Amenities Development Impact Fees Traffic Signals Drainage Parks Art in Public Places Fire Facilities Coachella Valley Water District Water Facilities Sewer Development Impact Fees Water Sewer ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of r4D"4-e-ok ('ys6 } On jp o_ . 22 , 20 10 , before me, L. �� c?�Ic� „� , a Notary Public, personally appeared Zb 4 D.V.n1,11 + , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L PLOTKIN Notary Public -California Contra Costa County Commission If 2169938 My Comm. Expires Oct 29, 2020 The notary commission extended pursuant to Executive Order N-63-20. CITY OF PALM DESERT STANDARD FORM FAITHFUL PERFORMANCE BOND NAME OF DEVELOPMENT: Phase 1 Onsite Street and Storm Drain Improvements NAME OF DEVELOPER: University Park Investor, LLC NAME OF SURETY: Atlantic Specialty Insurance Company EFFECTIVE DATE: December 21, 2020 AMOUNT OF BOND: $2,821,992.00 BOND NUMBER: 800114796 PREMIUM: $33,864.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 6 above, for the faithful performance of that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provisions of the Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the development named on Line 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to remain in full force and effect. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY'S reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE PRINT NAME University Park Investor, LLC TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME Atlantic Specialty Ins nct Company `SURETY'S SIGNATURE Annette Audinot, Attorney -In -fact T-t\t„,-e-/--a-e URETY �xSK AT f Witness Francesca Papa (Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must be attached. ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of (k!a. leak } On c� . Z2. i , 20Zto , before me, L. a Notary Public, personally appeared 12ar-„�r„nD�,�r.L, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature tW&D _ L PLOTKIN Notary Patilit-COfntnia Conn= CoszaCountY C]mnisiinll it2159936 My Cnmm_ Evp+r,KOct 24. WO -r The rotor" commission extended pursuant to Executive Order N-63-20. r_< 4 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of New Jersey County of Morris On I2/2I/2020 personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)0/are subscribed to the within instrument and acknowledged to me that he/GI/they executed the same in his/ I�e /their authorized capacity(ies), and that by his/ ie /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me, ) Kelly O'Malley , Notary Public (Here insert name and axle of the Dater) Annette Audinot I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE Notary Pubiiit ign- ur My Commission E ,ires. February 13 !025 an� icial sea (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date 12/2I/2020 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) El Corporate Officer 0 0 (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2016" 'let.;ion v:!.;,v.NolligyClaesee co r 307-'73 9.33 Kelly L. O'Malley NOTARY PUBLICJERSEY STATED # NEVI 50010128 MY COMMISSION EXPIRES February 13, 2025 1 1 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed, • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- isAye ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. intact t� INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Theresa Giraido, Francesca Papa, Terry Ann Gonzales -Selman, Annette Audinot, Mariya Leonidov, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum nf: unlimited and the execution of web bonds, recognizances, contracts of indemnity, and alt other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the fallowing resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney-tn- Fact, Resolved: That the Attorney -in -Pact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012; Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to he signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. torso,%%. lalk? ttP ORgrj, s ms: SEAL .m 1986 'o' By STATE OF MINNESOTA it.;',tv v00. a . 1IENNEPINCQUNTY On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the Individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said sea) and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT HOTARY PUBLIC MINNESOTA My Commission Expires j January 31, 2025 r 4 Paull Brehm, Senior Vice President Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 21st day of December 2020, I This Power of Attorney expires January 31, 2025 Kara Barrow, Secretary Please direct bond verifications to suretytDintactinsurance.com Atlantic Specialty Insurance Company Penod Ended 12131/2019 Dollars displayed in thousands Admitted Assets Investments. Bonds Preferred Stocks Common Stocks Mortgage Loans Real Estate Contract Loans Demetnes Cash, Cash Equivalents & Sha1 Term Investments Other Investments Total Cash did Investments $ 1,219,332 791,167 62,383 17,350 2,090.232 Premiums and Considerations Due 261,176 Reinsurance Recooerabie 51,892 Receivable from Parent, Subsidiary or Affiliates 21,005 Ali Other Admitted Assets 59,800 Total Admitted Assets 2,484,105 State of Minnesota County of Hennepin Liabilities and Surplus Liabilities Loss Reserves Loss Adjustment Expense Reserves Total Loss & LAE Reserves Uneamed Premium Reserve Total Reinsurance Liabilities Commissions, Other Expenses, and Taxes due Derivatives Payable to Parent, Subs or Affiliates Atl Other Liabilities $ 750,516 243,193 993,709 520,053 t 7,061 40,497 • 165,932 Total Liabilities 1,737,252 Capttat and Surplus Common Capital Stock Preferred Capital Stock Surplus Notes Unassigned Surplus Other including Gross Contnbuted Capital & Surplus 9,001 49,392 688,460 746,853 Total Liabilities and C&S 2.484,105 I, Christopher Jerry, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said OneBeacon Insurance Company, on the 31 st day of December, 2019, according to the best of my information, kno*ledge and belief. Ck— V Secretary Subscribed and sworn to, before me, a Notary Public of tlye State of Minnesota on this 27ti1 day of February, 2020. a'"` y SHANNON MARIE LAU8Y•WOLF ��� a� Notary Public 10S— f Minnesota ' A }' My Commission Expires V`'•:r' Jan 31, Z025 Not r Public CITY OF PALM DESERT STANDARD FORM PAYMENT BOND (LABOR & MATERIALS} NAME OF PROJECT: Phase 1 Onsite Street and Storni Drain Improvements NAME OF DEVELOPER: University Park Investor, LLC NAME OF SURETY: Atlantic Specialty Insurance Company EFFECTIVE DATE: December 21, 2020 AMOUNT OF BOND: 2,821,992.00 BOND NUMBER: 800114796 PREM IU M: See Premium on Performance Bond KNOW ALL MEN BY THESE PRESENTS; That the person, firm_ corporation, entity, or otherwise, named on Line 2 of Page 1 hereof withnut regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Cade to do business under Section 6 to 13 thereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely held and firmly bound unto and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used, in: upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain IMPROVEMENT A REFMEN ]' hereinafter mentioned and all persons, companies or corporations renting or hiring teams or implements, or machinery, for contributing to said work to be done, all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents, THE CONMTION OF THE OBLIGATION is such that whereas the above - bounden PRINCIPAL has entered into an IMPROVEMENT AGREEMENT with the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, for the construction of public improvements in the project named on Line 1 of Page 1 hereof, which said IMPROVEMENT AGREEMENT is by this reference incorporated herein: NOW, THEREFORE, if the above -bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor, or subcontractors, ;ails io pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or For any work or labor done thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work for labor, SURETY on this bord will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought on this bond, a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of all applicable CITY ordinances, resolutions, rules and regulations supplemental thereto; and all amendments thereto: and shalt inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions thereof. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument the date mentioned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE PRINT NAME University Park Investor, LLC TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME Atlantic Insurance Company SURET'f SIGNATURE -1nnctte Autfinot, Auurncy-In-fact 1V SURETY'S4SIGNMVRE Witness Francesca Papa (Notarial acknowledgement of execution by Au_ PRINCIPALS and SURETY must be attached.) APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY A K O WLEDGEMENr A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness„ accuracy, or validity of that document_ State of California County of } ) ss. Ori , 20,, before me, , a Notary Public, personally appeared who proved to rrie on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(es), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [ certify under PENALTY OF PERJURY under the laws of the State of Caiiforhia that the foregoing paragraph is true and correct, WITNESS my hand and official sea[. Signature CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 'New Jersey County of Morris On 12/21/2020 before me, personally appeared Annette Audinot who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(0/are subscribed to the within instrument and acknowledged to me that he/e/they executed the same in his/ e /their authorized capacity(ies), and that by his/Je ltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument_ ) } Kelly O'Malley Notary Public (Mere Insert name and Idle of the:Mkerj certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W TNES a d official seal. Not PIN 3gnature My nmm xpires: February 2025 Kelly L. O'Malley NOTARY PUBLIC STATE OF NEW JERSEY ID # 50010128 (Notary Public L Co ASSION FARES February 13, 2025 • ADDITI ■ • L OPTION • INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Iris form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other stares may be completer) for documents being sent to that slate so long as the wording does not require the California notary re violate California notary Icnl', • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. ▪ Date of notarization must be the date that the signer(s) personalty appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personalty appear at the time or notarization. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lielsheltlhey - is /are ) or circling the correct Forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re•scal if a sufficient arca permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on Fite with the office of the county clerk. f• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document with a staple. Bond (idle or description of attached document) (Title or description of attached document continued) Number of Pages Document Date 12/2I/2020 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer 0 (Title) Partner(s) Attorney -in -Fact Trustee(s) Other �01,+ Ve, 'w ivt ±+yClaSs.:s C rn aoo-ft73.986` a tic. ME INSURANCE intact] Power of Attorney KNOW Ai.I, MEN ]3Y THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute anti appoint. Theresa Glraldn, Fraaae ca Papa, Terry Aan Go+aa.afes-Stilton, Annette Aadinot, Mariya Leonidov, each individually if there Be more than one named, Its [rue and ]awful Attorney -in -Fact m make, execute, s,e,3f end deliver, for and on its behalf as surety, aoy and all bonds, recngnirances, contracts of indemnity, and all other writings obligatory ]n the nonce thereof; provided that no bond or undertaking executed nodes -this authority shall exceed in amount the Sum of: unlimited and the execution of such bonds, recogrizances, contracts of Indemnity, and all other writings obligatory In the nature thereof in pursuance or these presents} shall be as binding upon saki Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seat. This Power of Attorney is made and executed by authority of the fo]]owing resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 20 ] 2; Resolved: Thai the President, any Settler Vice President or Vice President {each art "Authmlxed Officer') may execu[e fixaad in behalf of the Company any and all bonds, recognizances, commas of indemnity, and @I[ other writings oshl igatory in the nature thereon, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-ImFact to execute on behalf of the Company any and a]I such instruments and to affix the Company sea] thereto; and that the. Authorized Officer may at any time remove any such Atorney-in-Fact and revoke all power and authority givers to any such Attorney -in - Fact. Resolved; That the Attorney-in-Fa€t may be given full power and authority to execute kg and In the name and on behalf of the Company any and all bonds, re€ogntzences, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -In -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Harr is hereby authorized to verify any affidavit required to be attached to hands, recognizanccs, contracts of indemnity, and all other writings ohligunry in the nature lhcreof_ This power of attorney is signed and sealed by facimilc under the authority of the following Resolution adopted by the Board of llirectnrs of ATLfuNT1C SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012; Resolved: That the signature of an Authorlaed Officer, the signature of the Secretary or the Assistant Secretary, and [he Company seal may tie affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an ArrOrncy-in-Fact fur purposes only at executing and sealing any bond• undertaking, leoognizance Or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature at such officer and the original sea] of the Company, to be valid and binding upon [Ise Company with the sa.ntc forte and effect as though manually affixed, IN WITNESS WHERE(]%, ATl,ANT]C SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the sea] of the Company to be affixed this twenty -.seventh day of April, 2020. i SEAL 19tT6 0 i3y STATE OF MINNES{]TA c 74. 4.ww Yoe lw HENNEPINCOUN7Y On this twenty-seventh day of AprlL 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and be acknowledged the execution on the same, anti being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of saki Company and that the said seal and the signature as such officer was duly affixes] and subscribed rn the said instrument by the authority and at the direction of the Company_ AtISON DWAN HASH -TROUT NOTARYPIJELJe •IIUINNESOI My Commission Expires . January 31, 2028 74triLf-- Paul J_ Brehm, Senior Vice President *EiiA6 Notary Public f.� f, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is i u full farce and has no been revoked, and the FeSotutipns set forth above are now la faux_ Signed marl seated, Dated 2I St day or DeiMitiber 2020_ 1 This Power of Attorney expires January 31, 202S SEAL 0 -" 1986 a ]Cara Barrow, Secretary Please direct bond verifications to u�tvrnPlntartins nce.com [intact] [41A'ar1 Osp.lay'd in Amarsar ds Atlantic Specialty Insurance Cormparly P.dod Ended 12)]1I019 Admtttad Atli/CS Jn EIEli t ; Bonds 1,2190:32 ProfernA Etoeks C4mrnb9 Stoeke 701,167 algaDa Loin Reel Estate Conlin/ Loma Cash, Cash rcr nvlents a $tail Term InteslrnerAt 62,363 Other Kesinuante i7 35i TOW I Cash S Five%mo tt 2,010 232 Premiums and Canelderallana ❑r.e Realsurarfe Roark, -able Recei,o6lo tram Parent, Subs4ierp a`Aiiriaies Ali OIhor Acir lied Asset Taal Ai/mined ratan 2,4811E6 L!sbIIFl }an¢Surplus LFi built ea Lose Re$crxas Lt49 Adjuslmenl Expense ReSorin rota I Lose & LA RQmorvcs lima -nod Prerrw.ot Resent Taal >aein#urgtte tlediiiies ccendixsians, Omer Expenses. and 7yMes Uua Eltritixluas Paystie 10 Pameni, Barn a ArIiIi Ie7 AY Wry Liahlitiea Total Liabilities Caplu l and Su rphis Commas Cspilal Stec! Preterits CapilalStack Srr•pn.us Wit Unassagrrsa Surplus Other InCluckg Cross Comibuted Capital' S Surplus 3 750,516 243,19% 993.709 5211053 1701 40..497 i,73fi,2S7 9. 1 49,342 ?48,a55 rotsl LIautiligs andCAS 2.18 ,10S State of Mviinnesota County of Hennepin I, Christopher Jerry, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said OI1eHeacon Insurance Company, on the 31t day of December, 2019, according to the best of my information, knowledge and belief. Subscribed and sworn to, before me, a Notary Public of t 71'1 clay of February, 2020. *AP — • SHANNONPANE LAEJEY-WOLF Notary Pu#Cit kieniesotb ! My Commission Expires Jars 31. 2025 Secretary State of Minnesota on this No/nr Public GRADING ONLY AGREEMENT DATE OF AGREEMENT: , 20 NAME OF OWNER/DEVELOPER University Park Investor, LLC (referred to as "GRADER") PROPERTY (MAP AND PARCEL NO.): Tract Map 37506-1 No. of Lots: 236 (referred to as "PROPERTY") GRADING PLANS APPROVED ON: 8-19-19 (referred to as "GRADING PLANS") TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2745 (TM No: 37506 ) (referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF GRADING: $ 302,357.50 ESTIMATED TOTAL COST OF PUBLIC IMPROVEMENTS GRADING WORK (as defined in Section 2(a)(2)): $ Included in costs associated in Subdivision Improvement Agreement ESTIMATED TOTAL COST OF PRIVATE IMPROVEMENTS GRADING WORK (as defined in Section 2(a)(1)):$ 302,357.50 ESTIMATED TOTAL COST OF PM10 MITIGATION MEASURE:$ 98,360.00 (as defined in Section 1(a)) SURETY: BOND NOS: 800114797 SURETY: Atlantic Specialty Insurance Company - OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: - OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: Revised 12-16-20 — 1 — This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the GRADER. RECITALS A. In consideration of the approval of the Grading Plans for the PROPERTY by the City Council, GRADER desires to enter into this Agreement, whereby GRADER promises to complete, at GRADER's own expense, all the grading work required by CITY in connection with the proposed PROPERTY. GRADER has secured this Agreement by grading security required by the City and approved by the City Attorney. B. In connection with GRADER's proposed development of the PROPERTY, a tentative map to subdivide the PROPERTY has been approved, subject to the Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively, the "Subdivision Laws") and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Resolution of Approval includes certain conditions required to be satisfied by GRADER in connection with the issuance of grading permits. The public improvement work (excluding grading and park improvements) required by the Resolution of Approval and the Subdivision Laws is subject to a separate secured agreement (i.e., Subdivision Improvement Agreement), and the required park improvement work is subject Revised 12-16-20 — 2 - to a separate secured agreement between GRADER and CITY (i.e., Parks Improvement Agreement) . D. GRADING PLANS for the grading of the PROPERTY have been prepared by GRADER and approved by the City Engineer (the "Plan Approval"). As used in this Agreement, "City Engineer" means the City Engineer of CITY, or if there is no City Engineer, then the Director of Public Works of CITY or such other CITY official then performing the functions of the City Engineer. The GRADING PLANS numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the GRADING PLANS shall include reference to any specifications for the improvements as approved by the City Engineer. E. An estimate of the cost for grading and performing land development work in connection with the grading according to the GRADING PLANS has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. F. CITY has adopted standards for the grading of property within the CITY. The GRADING PLANS have been prepared in conformance with CITY standards in effect on the date of the approval. G. GRADER recognizes that CITY and adjacent properties may be damaged by GRADER's failure to perform its obligations to complete approved grading by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by GRADER. Revised 12-16-20 — 3 - NOW, THEREFORE, in consideration of the approval by the City of the GRADING PLANS, GRADER and CITY agree as follows: (1) GRADER's Obligation to Complete Grading. GRADER shall: (a) Comply with all the requirements of the Resolution of Approval relating to grading or the issuance of grading permits, and any amendments thereto. Without limiting the foregoing, GRADER hereby agrees to install a sprinkler system or equivalent long-term mitigation measure for PM10 if the PROPERTY site is mass graded and subsequently left undeveloped for more than six (6) months (the "PM10 Mitigation Measure"). (b) Complete at GRADER's own expense, all the grading required by the Plan Approval in conformance with approved GRADING PLANS within one year from date of execution of this Agreement; provided however, that the grading shall not be deemed to be completed until approved by City Engineer as provided in Section 4 herein. (2) Security. (a) GRADER shall at all times guarantee GRADER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the CITY on forms approved by CITY for the purposes and in the amounts as follows: (1) to assure faithful performance of this Agreement in regard to said grading in an amount of 25% of the estimated cost of the grading; provided that separate securities shall be provided to assure faithful performance of the Public Improvements Grading Work (as defined in subsection (a)(2) below), on one hand, and the portion of work under the GRADING PLANS relating to the construction of private and all Revised 12-16-20 — 4 - other improvements (including but not limited to improvements owned by a homeowners association) (the "Private Improvements Grading Work"), on the other hand; and (2) to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the portion of work under the GRADING PLANS that is grading in support of the construction of any off -site and on -site public improvements required by the Resolution of Approval (the "Public Improvements Grading Work"), in an amount of 100% of the estimated cost of said Public Improvements Grading Work and conforming to the requirements of Section 17 of this Agreement (concerning prevailing wages) and Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and which amount of such security shall be increased automatically by the GRADER upon an increase in the cost of the Public Improvements Grading Work or any of it, such that the payment bond(s) at all times shall be in an amount not less than 100% of the sum of the total amount payable pursuant to any construction contract(s) for the Public Improvements Grading Work and the estimated cost of any Public Improvements Grading Work not yet subject to a construction contract, and if the GRADER fails to so increase the amount of the security in connection with such an increase in costs of Public Improvements Grading Work, the GRADER shall provide the additional security within thirty (30) days after receiving demand from the City Engineer therefor. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another Revised 12-16-20 — 5 - approved security, the replacement shall: (i) comply with all the requirements for security in this Agreement; (ii) be provided to the City Engineer to be filed with the City Clerk and, upon filing, (iii) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. (b) To assure faithful performance of this Agreement in regard to the PM10 Mitigation Measure, GRADER shall post a cash deposit with CITY's Finance Director in an amount equal to 100% of the estimated cost of the PM10 Mitigation Measure. If written notice of default with respect to GRADER's obligation to install the PM10 Mitigation Measure has been given by CITY to GRADER pursuant to Section 8 of this Agreement and if the default is not corrected within the time specified therein, CITY shall be entitled hereunder and pursuant to Section 8 to proceed without delay and without further notice of proceedings whatever to use the cash deposit or any portion of such deposit to complete the required work. In the event that CITY proceeds pursuant to the foregoing sentence to complete the PM10 Mitigation Measure work, the balance, if any, of the cash deposit shall, upon completion of the work and subject to Section 5(c) of this Agreement, be returned by CITY to GRADER, or to its successors or assigns after deducting the cost of the work. (3) Alterations to GRADING PLANS. (a) Any changes, alterations or additions to the GRADING PLANS not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and GRADER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or Revised 12-16-20 — 6 - additions exceed 10% of the original estimated cost of the improvement, GRADER shall provide grading security for faithful performance as required by Section (2) of this Agreement for twenty-five percent (25%) of the total estimated cost of the grading as changed, altered, or amended, minus any completed partial releases allowed by Section (5) of this Agreement. (b) Any changes, alterations or additions to the GRADING PLANS, which are mutually agreed upon by CITY and GRADER, shall not relieve the security given to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Public Improvements Grading Work. In the event of any changes, alterations, or additions that increase the estimated cost of the Public Improvements Grading Work or any of it above the original estimated cost of the Public Improvements Grading Work, GRADER shall provide security to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Public Improvements Grading Work as required by Section (2) of this Agreement for one hundred percent (100%) of the total estimated cost of the Public Improvements Grading Work as changed, altered, or amended, minus any completed partial releases allowed by Section (5) of this Agreement. (c) Any changes, alterations or additions to the PM10 Mitigation Measure not exceeding ten percent (10%) of the original estimated cost of the PM10 Mitigation Measure, which are mutually agreed upon by CITY and GRADER, shall not relieve the cash deposit posted as security for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the PM10 Mitigation Measure, GRADER shall supplement the cash deposit for faithful Revised 12-16-20 — 7 - performance as required by Section (2) of this Agreement to bring the total cash deposit held by the CITY as security for the PM10 Mitigation Measure to an amount equal to one hundred percent (100%) of the total estimated cost of the PM10 Mitigation Measure as changed, altered, or amended, minus any completed partial releases allowed by Section (5) of this Agreement. (d) The GRADER shall complete the grading in accordance with CITY standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to modify the standards applicable to the PROPERTY and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If GRADER requests and is granted an extension of time for completion of the grading, CITY may apply the standards in effect at the time of the extension. (4) Inspection. GRADER shall at all times maintain proper facilities and safe access for inspection of the grading by CITY inspectors. Upon completion of the work, GRADER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the grading. When applicable law requires an inspection to be made by City at a particular stage of the grading, CITY shall be given timely notice of GRADER's readiness for such inspection and GRADER shall not proceed with additional work until the inspection has been made and the work approved. GRADER shall bear all costs of inspection and certification. Revised 12-16-20 — 8 - (5) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and approval of the act or work; provided, release of the cash deposit posted by GRADER to assure faithful performance of this Agreement in regard to the PM10 Mitigation Measure shall be governed by and in accordance with the terms and provisions of Section 2(b) of this Agreement and subsection (c) of this Section 5. (b) Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment with respect to the Public Improvements Grading Work shall, at the date that is the latest of (i) six (6) months after completion and acceptance of the applicable public improvement, (ii) fifteen (15) days following the expiration of the applicable statutory period in which any person may bring suit against the surety(ies) on a payment bond as set forth in Sections 8609 or 9558 of the California Civil Code, or (iii) fifteen (15) days following the expiration of the applicable statutory period in which any person may record a lien pursuant to Sections 8412 or 8414 of the California Civil Code, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens or suit have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. Revised 12-16-20 — 9 - (c) CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. (6) Iniury to Public Improvements, Public Property or Public Utilities Facilities. GRADER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or property monuments which are destroyed or damaged as a result of any work under this Agreement. GRADER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. (7) Permits. GRADER shall, at GRADER's expense, obtain all necessary permits and licenses for the grading, give all necessary notices and pay all fees and taxes required by law. (8) Default of GRADER. (a) Default of GRADER shall include, but not be limited to, (1) GRADER's failure to timely commence the grading; (2) GRADER's failure to timely complete grading; (3) GRADER's failure to timely cure any defect in the grading; (4) GRADER's failure to perform substantial work for a period of twenty (20) calendar days after commencement of the work; Revised 12-16-20 -10- (5) GRADER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the PROPERTY or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) GRADER's failure to perform any other obligation under this Agreement. (b) CITY reserves to itself all remedies available to it at law or in equity for breach of GRADER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by GRADER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of grading and, therefore, CITY's damages for GRADER's default shall be measured by the cost of completing the required grading. The sums provided by the security may be used by CITY for the completion of the grading in accordance with the GRADING PLANS contained herein. In the event of GRADER's default under this Agreement, GRADER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to GRADER and to GRADER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of Revised 12-16-20 -11- GRADER, and GRADER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to GRADER as may be on the site of the work and necessary for performance of the work. (c) Failure of GRADER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against the PROPERTY. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's breach shall be in the discretion of CITY. (d) In the event that GRADER fails to perform any obligation hereunder, GRADER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of engineers, attorneys, other professionals, and court costs. (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of GRADER. (9) GRADER Not Acient of CITY. Neither GRADER nor any of GRADER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of GRADER'S obligations under this Agreement. (10) Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of GRADER, its agents, or employees, contractors and subcontractors in the Revised 12-16-20 -12- performance of this Agreement. GRADER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of GRADER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the grading of the PROPERTY, and in addition, to adjacent property owners. Approval by CITY of the grading shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the performance of grading, regardless of any negligent action or inaction taken by CITY in approving the plans, unless the particular design was specifically required by CITY over written objection by GRADER submitted to the City Engineer before approval of the particular grading design, which objection indicated that the particular grading design was dangerous or defective and suggested an alternative safe and feasible design. In the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of the Resolution of Approval, the project approvals set forth therein or the project approvals themselves, or the terms of those approvals, including the failure to include specific terms, GRADER and Revised 12-16-20 -13- CITY each shall have the right, in their sole discretion, to elect whether or not to defend such action. GRADER, at its sole expense, shall defend, indemnify, and hold harmless the CITY (including its agents, officers, and employees) from any such action, claim, damages, or proceeding of whatever nature with counsel chosen by the CITY, subject to GRADER's approval of counsel, which shall not be unreasonably denied, and at GRADER's sole expense. If the CITY is aware of such an action or proceeding, it shall promptly notify GRADER and cooperate in the defense. GRADER, upon such notification, shall deposit sufficient funds in the judgment of the CITY's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the CITY expends no CITY funds. If both parties to this Agreement elect to defend, the parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, CITY and GRADER shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. GRADER and CITY shall each have sole discretion to terminate its defense at any time. CITY shall not settle any third party litigation arising from the Resolution of Approval, or the project approvals set forth therein, without GRADER's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless GRADER materially breaches this indemnification requirement. GRADER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. Revised 12-16-20 -14- (11) Personal Nature of GRADER'S Obligations. All of GRADER's obligations under this Agreement are and shall remain the personal obligations of GRADER notwithstanding a transfer of all or any part of the property subject to this Agreement, and GRADER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the PROPERTY or to any other third party without the express written consent of CITY. If the CITY does consent to a transfer of this Agreement and the transferee assumes all of GRADER's obligations so transferred, GRADER shall be released of its transferred obligations hereunder, all as more specifically provided in an agreement to be entered into in connection with such transfer and in form and substance acceptable to the City Attorney. (12) Sale or Disposition of PROPERTY. GRADER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the GRADER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under Section (10) for the work or improvement done by GRADER. (13) Time of the Essence. Time is of the essence in the performance of this Agreement. (14) Time for Commencement of Work; Time Extensions. GRADER shall commence substantial grading required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of grading hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without Revised 12-16-20 -15- notice to GRADER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle GRADER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which GRADER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require GRADER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. (15) No Vesting of Rights. Performance by GRADER of this Agreement shall not be construed to vest GRADER's rights with respect to any change in any zoning or building law or ordinance. (16) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Revised 12-16-20 -16- Notice to GRADER: University Park Investor, LLC 801 San Ramon Valley Blvd., Suite F Danville, CA 94526 Attn: Ravi Nandwana with a copy to: University Park Investor, LLC 4400 MacArthur Boulevard, Suite 700 Newport Beach, CA 92660 Attn: Rory Ingles Notice to SURETY: (17) Compliance With Laws: Labor Code Provisions. GRADER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the grading required by this Agreement. The CITY hereby states pursuant to Section 1781 of the California Labor Code ("Labor Code") that the construction by the GRADER of any grading in support of the public streets and public parks or other public improvements required by the Conditions of Approval (as defined hereinbelow), including but not limited to the Public Improvements Grading Work, is "public work" (as defined in, and within the meaning of, Section 1720 of the Labor Code) to which Section 1771 of the Labor Code applies. While acknowledging but without expressing any concurrence with the position stated in the foregoing sentence, the GRADER hereby agrees that it shall (i) require the construction of public improvements required by the Conditions of Approval, including but not limited to the Public Improvements Grading Work, to be performed as "public work" to which Section 1771 of Revised 12-16-20 -17- the Labor Code applies, and (ii) in furtherance of Section 1781(a)(2)(C) of the Labor Code, comply with all payment bonding requirements of the CITY with respect to such public improvements, including but not limited to the provision by the GRADER to the CITY of a payment bond with respect to each subject contract for the Public Improvements Grading Work or any of it (A) securing with respect to such contract the payment of claims of laborers (including but not limited to the payment of prevailing wages as required by this Section 17), material suppliers, and other persons as provided by law, (B) conforming with the requirements of Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and (C) naming the CITY as an obligee unto which the GRADER, as principal, and the surety are bound. In the event a contractor to whom the GRADER awards a contract for the Public Improvements Grading Work or any of it provides a payment bond meeting the foregoing requirements and also naming the GRADER as an additional obligee unto which the contractor, as principal, and the surety are bound, such contractor's payment bond shall be deemed as the provision by the GRADER of a payment bond hereunder. As used in this Agreement, "Conditions of Approval" means, with respect to any portion of the real property within the PROPERTY, the conditions of approval of all land use entitlements approved by the CITY or any other governmental agency, including but not limited to the Resolution of Approval, and the conditions of this Agreement, any subdivision improvement agreement, and any development agreement, which conditions must be satisfied in order to develop such property. Revised 12-16-20 -18- Without limiting the foregoing, with respect to the Public Improvements Grading Work or any of it to be undertaken by GRADER or under the direction of GRADER hereunder, GRADER shall require the contractor and subcontractors to pay prevailing wages and to comply with all applicable prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations. GRADER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from GRADER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage law. In addition, the GRADER agrees to require any person or entity to whom the GRADER sells the real property within the PROPERTY to comply with this Section 17. Notwithstanding the foregoing, the CITY and the GRADER agree that (x) this Agreement is not intended to be a public works contract; (y) the subject public improvements are of local and not state-wide concern, and (z) the foregoing shall not in any way imply or be construed to mean that this Agreement or the subject public improvements constitute a public work for any purpose other than to assure compliance with the Labor Code. (18) Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Revised 12-16-20 -19- (19) Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. (20) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. (21) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (22) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. (23) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. [signature page follows] Revised 12-16-20 -20- IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. GRADER: UNIVERSITY PARK INVESTOR, LLC, a Delaware Limited Liability Company By: Name: Title: (Proper Notarization of GRADER's signature is required and shall be attached) CITY OF PALM DESERT By: KATHLEEN KELLY, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY Revised 12-16-20 -21- ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Revised 12-16-20 -22- This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the GRADER. RECITALS A. In consideration of the approval of the Grading Plans for the PROPERTY by the City Council, GRADER desires to enter into this Agreement, whereby GRADER promises to complete, at GRADER's own expense, all the grading work required by CITY in connection with the proposed PROPERTY. GRADER has secured this Agreement by grading security required by the City and approved by the City Attorney. B. In connection with GRADER's proposed development of the PROPERTY, a tentative map to subdivide the PROPERTY has been approved, subject to the Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively, the "Subdivision Laws") and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Resolution of Approval includes certain conditions required to be satisfied by GRADER in connection with the issuance of grading permits. The public improvement work (excluding grading and park improvements) required by the Resolution of Approval and the Subdivision Laws is subject to a separate secured agreement (i.e., Subdivision Improvement Agreement), and the required park improvement work is subject Revised 12-16-20 -2- to a separate secured agreement between GRADER and CITY (i.e., Parks Improvement Agreement) . D. GRADING PLANS for the grading of the PROPERTY have been prepared by GRADER and approved by the City Engineer (the "Plan Approval"). As used in this Agreement, "City Engineer" means the City Engineer of CITY, or if there is no City Engineer, then the Director of Public Works of CITY or such other CITY official then performing the functions of the City Engineer. The GRADING PLANS numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the GRADING PLANS shall include reference to any specifications for the improvements as approved by the City Engineer. E. An estimate of the cost for grading and performing land development work in connection with the grading according to the GRADING PLANS has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. F. CITY has adopted standards for the grading of property within the CITY. The GRADING PLANS have been prepared in conformance with CITY standards in effect on the date of the approval. G. GRADER recognizes that CITY and adjacent properties may be damaged by GRADER's failure to perform its obligations to complete approved grading by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by GRADER. Revised 12-16-20 - 3 - NOW, THEREFORE, in consideration of the approval by the City of the GRADING PLANS, GRADER and CITY agree as follows: (1) GRADER's Obligation to Complete Grading. GRADER shall: (a) Comply with all the requirements of the Resolution of Approval relating to grading or the issuance of grading permits, and any amendments thereto. Without limiting the foregoing, GRADER hereby agrees to install a sprinkler system or equivalent Tong -term mitigation measure for PM10 if the PROPERTY site is mass graded and subsequently left undeveloped for more than six (6) months (the "PM10 Mitigation Measure"). (b) Complete at GRADER's own expense, all the grading required by the Plan Approval in conformance with approved GRADING PLANS within one year from date of execution of this Agreement; provided however, that the grading shall not be deemed to be completed until approved by City Engineer as provided in Section 4 herein. (2) Security. (a) GRADER shall at all times guarantee GRADER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the CITY on forms approved by CITY for the purposes and in the amounts as follows: (1) to assure faithful performance of this Agreement in regard to said grading in an amount of 25% of the estimated cost of the grading; provided that separate securities shall be provided to assure faithful performance of the Public Improvements Grading Work (as defined in subsection (a)(2) below), on one hand, and the portion of work under the GRADING PLANS relating to the construction of private and all Revised 12-16-20 -4- other improvements (including but not limited to improvements owned by a homeowners association) (the "Private Improvements Grading Work"), on the other hand; and (2) to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the portion of work under the GRADING PLANS that is grading in support of the construction of any off -site and on -site public improvements required by the Resolution of Approval (the "Public Improvements Grading Work"), in an amount of 100% of the estimated cost of said Public Improvements Grading Work and conforming to the requirements of Section 17 of this Agreement (concerning prevailing wages) and Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and which amount of such security shall be increased automatically by the GRADER upon an increase in the cost of the Public Improvements Grading Work or any of it, such that the payment bond(s) at all times shall be in an amount not less than 100% of the sum of the total amount payable pursuant to any construction contract(s) for the Public Improvements Grading Work and the estimated cost of any Public Improvements Grading Work not yet subject to a construction contract, and if the GRADER fails to so increase the amount of the security in connection with such an increase in costs of Public Improvements Grading Work, the GRADER shall provide the additional security within thirty (30) days after receiving demand from the City Engineer therefor. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another Revised 12-16-20 — 5 - approved security, the replacement shall: (i) comply with all the requirements for security in this Agreement; (ii) be provided to the City Engineer to be filed with the City Clerk and, upon filing, (iii) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. (b) To assure faithful performance of this Agreement in regard to the PM10 Mitigation Measure, GRADER shall post a cash deposit with CITY's Finance Director in an amount equal to 100% of the estimated cost of the PM10 Mitigation Measure. If written notice of default with respect to GRADER's obligation to install the PM10 Mitigation Measure has been given by CITY to GRADER pursuant to Section 8 of this Agreement and if the default is not corrected within the time specified therein, CITY shall be entitled hereunder and pursuant to Section 8 to proceed without delay and without further notice of proceedings whatever to use the cash deposit or any portion of such deposit to complete the required work. In the event that CITY proceeds pursuant to the foregoing sentence to complete the PM10 Mitigation Measure work, the balance, if any, of the cash deposit shall, upon completion of the work and subject to Section 5(c) of this Agreement, be returned by CITY to GRADER, or to its successors or assigns after deducting the cost of the work. (3) Alterations to GRADING PLANS. (a) Any changes, alterations or additions to the GRADING PLANS not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and GRADER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or Revised 12-16-20 -6- additions exceed 10% of the original estimated cost of the improvement, GRADER shall provide grading security for faithful performance as required by Section (2) of this Agreement for twenty-five percent (25%) of the total estimated cost of the grading as changed, altered, or amended, minus any completed partial releases allowed by Section (5) of this Agreement. (b) Any changes, alterations or additions to the GRADING PLANS, which are mutually agreed upon by CITY and GRADER, shall not relieve the security given to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Public Improvements Grading Work. In the event of any changes, alterations, or additions that increase the estimated cost of the Public Improvements Grading Work or any of it above the original estimated cost of the Public Improvements Grading Work, GRADER shall provide security to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Public Improvements Grading Work as required by Section (2) of this Agreement for one hundred percent (100%) of the total estimated cost of the Public Improvements Grading Work as changed, altered, or amended, minus any completed partial releases allowed by Section (5) of this Agreement. (c) Any changes, alterations or additions to the PM10 Mitigation Measure not exceeding ten percent (10%) of the original estimated cost of the PM10 Mitigation Measure, which are mutually agreed upon by CITY and GRADER, shall not relieve the cash deposit posted as security for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the PM10 Mitigation Measure, GRADER shall supplement the cash deposit for faithful Revised 12-16-20 -7- performance as required by Section (2) of this Agreement to bring the total cash deposit held by the CITY as security for the PM1 0 Mitigation Measure to an amount equal to one hundred percent (100%) of the total estimated cost of the PM10 Mitigation Measure as changed, altered, or amended, minus any completed partial releases allowed by Section (5) of this Agreement. (d) The GRADER shall complete the grading in accordance with CITY standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to modify the standards applicable to the PROPERTY and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If GRADER requests and is granted an extension of time for completion of the grading, CITY may apply the standards in effect at the time of the extension. (4) Inspection. GRADER shall at all times maintain proper facilities and safe access for inspection of the grading by CITY inspectors. Upon completion of the work, GRADER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the grading. When applicable law requires an inspection to be made by City at a particular stage of the grading, CITY shall be given timely notice of GRADER's readiness for such inspection and GRADER shall not proceed with additional work until the inspection has been made and the work approved. GRADER shall bear all costs of inspection and certification. Revised 12-16-20 -8- (5) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and approval of the act or work; provided, release of the cash deposit posted by GRADER to assure faithful performance of this Agreement in regard to the PM10 Mitigation Measure shall be governed by and in accordance with the terms and provisions of Section 2(b) of this Agreement and subsection (c) of this Section 5. (b) Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment with respect to the Public Improvements Grading Work shall, at the date that is the latest of (i) six (6) months after completion and acceptance of the applicable public improvement, (ii) fifteen (15) days following the expiration of the applicable statutory period in which any person may bring suit against the surety(ies) on a payment bond as set forth in Sections 8609 or 9558 of the California Civil Code, or (iii) fifteen (15) days following the expiration of the applicable statutory period in which any person may record a lien pursuant to Sections 8412 or 8414 of the California Civil Code, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens or suit have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. Revised 12-16-20 -9- (c) CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. (6) Injury to Public Improvements, Public Pronertv or Public Utilities Facilities. GRADER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or property monuments which are destroyed or damaged as a result of any work under this Agreement. GRADER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. (7) Permits. GRADER shall, at GRADER's expense, obtain all necessary permits and licenses for the grading, give all necessary notices and pay all fees and taxes required by law. (8) Default of GRADER. (a) Default of GRADER shall include, but not be limited to, (1) GRADER's failure to timely commence the grading; (2) GRADER's failure to timely complete grading; (3) GRADER's failure to timely cure any defect in the grading; (4) GRADER's failure to perform substantial work for a period of twenty (20) calendar days after commencement of the work; Revised 12-16-20 -10- (5) GRADER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the PROPERTY or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) GRADER's failure to perform any other obligation under this Agreement. (b) CITY reserves to itself all remedies available to it at law or in equity for breach of GRADER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by GRADER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of grading and, therefore, CITY's damages for GRADER's default shall be measured by the cost of completing the required grading. The sums provided by the security may be used by CITY for the completion of the grading in accordance with the GRADING PLANS contained herein. In the event of GRADER's default under this Agreement, GRADER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to GRADER and to GRADER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of Revised 12-16-20 -11- GRADER, and GRADER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to GRADER as may be on the site of the work and necessary for performance of the work. (c) Failure of GRADER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against the PROPERTY. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's breach shall be in the discretion of CITY. (d) In the event that GRADER fails to perform any obligation hereunder, GRADER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of engineers, attorneys, other professionals, and court costs. (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of GRADER. (9) GRADER Not Agent of CITY. Neither GRADER nor any of GRADER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of GRADER'S obligations under this Agreement. (10) Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of GRADER, its agents, or employees, contractors and subcontractors in the Revised 12-16-20 -12- performance of this Agreement. GRADER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of GRADER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the grading of the PROPERTY, and in addition, to adjacent property owners. Approval by CITY of the grading shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the performance of grading, regardless of any negligent action or inaction taken by CITY in approving the plans, unless the particular design was specifically required by CITY overwritten objection by GRADER submitted to the City Engineer before approval of the particular grading design, which objection indicated that the particular grading design was dangerous or defective and suggested an alternative safe and feasible design. In the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of the Resolution of Approval, the project approvals set forth therein or the project approvals themselves, or the terms of those approvals, including the failure to include specific terms, GRADER and Revised 12-16-20 -13- CITY each shall have the right, in their sole discretion, to elect whether or not to defend such action. GRADER, at its sole expense, shall defend, indemnify, and hold harmless the CITY (including its agents, officers, and employees) from any such action, claim, damages, or proceeding of whatever nature with counsel chosen by the CITY, subject to GRADER's approval of counsel, which shall not be unreasonably denied, and at GRADER's sole expense. If the CITY is aware of such an action or proceeding, it shall promptly notify GRADER and cooperate in the defense. GRADER, upon such notification, shall deposit sufficient funds in the judgment of the CITY's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the CITY expends no CITY funds. If both parties to this Agreement elect to defend, the parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, CITY and GRADER shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. GRADER and CITY shall each have sole discretion to terminate its defense at any time. CITY shall not settle any third party litigation arising from the Resolution of Approval, or the project approvals set forth therein, without GRADER's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless GRADER materially breaches this indemnification requirement. GRADER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. Revised 12-16-20 -14- (11) Personal Nature of GRADER'S Obligations. All of GRADER's obligations under this Agreement are and shall remain the personal obligations of GRADER notwithstanding a transfer of all or any part of the property subject to this Agreement, and GRADER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the PROPERTY or to any other third party without the express written consent of CITY. If the CITY does consent to a transfer of this Agreement and the transferee assumes all of GRADER's obligations so transferred, GRADER shall be released of its transferred obligations hereunder, all as more specifically provided in an agreement to be entered into in connection with such transfer and in form and substance acceptable to the City Attorney. (12) Sale or Disposition of PROPERTY. GRADER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the GRADER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under Section (10) for the work or improvement done by GRADER. (13) Time of the Essence. Time is of the essence in the performance of this Agreement. (14) Time for Commencement of Work: Time Extensions. GRADER shall commence substantial grading required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of grading hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without Revised 12-16-20 -15- notice to GRADER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle GRADER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which GRADER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require GRADER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. (15) No Vestina of Rights. Performance by GRADER of this Agreement shall not be construed to vest GRADER's rights with respect to any change in any zoning or building law or ordinance. (16) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: Revised 12-16-20 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director -16- Notice to GRADER: with a copy to: Notice to SURETY: University Park Investor, LLC 801 San Ramon Valley Blvd., Suite F Danville, CA 94526 Attn: Ravi Nandwana University Park Investor, LLC 4400 MacArthur Boulevard, Suite 700 Newport Beach, CA 92660 Attn: Rory Ingles A�u Et4 cA a gflau wLTY W M4.ek Go Ma auks kYP(taA-,JOV "j. St -ate scxera. Pu►7.# , 31 rt.o62 Nrt 4 Yo> 4-, oy (00b+ (17) Compliance With Laws: Labor Code Provisions. GRADER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the grading required by this Agreement. The CITY hereby states pursuant to Section 1781 of the California Labor Code ("Labor Code") that the construction by the GRADER of any grading in support of the public streets and public parks or other public improvements required by the Conditions of Approval (as defined hereinbelow), including but not limited to the Public Improvements Grading Work, is "public work" (as defined in, and within the meaning of, Section 1720 of the Labor Code) to which Section 1771 of the Labor Code applies. While acknowledging but without expressing any concurrence with the position stated in the foregoing sentence, the GRADER hereby agrees that it shall (i) require the construction of public improvements required by the Conditions of Approval, including but not limited to the Public Improvements Grading Work, to be performed as "public work" to which Section 1771 of Revised 12-16-20 -17- the Labor Code applies, and (ii) in furtherance of Section 1781(a)(2)(C) of the Labor Code, comply with all payment bonding requirements of the CITY with respect to such public improvements, including but not limited to the provision by the GRADER to the CITY of a payment bond with respect to each subject contract for the Public Improvements Grading Work or any of it (A) securing with respect to such contract the payment of claims of laborers (including but not limited to the payment of prevailing wages as required by this Section 17), material suppliers, and other persons as provided by law, (B) conforming with the requirements of Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and (C) naming the CITY as an obligee unto which the GRADER, as principal, and the surety are bound. In the event a contractor to whom the GRADER awards a contract for the Public Improvements Grading Work or any of it provides a payment bond meeting the foregoing requirements and also naming the GRADER as an additional obligee unto which the contractor, as principal, and the surety are bound, such contractor's payment bond shall be deemed as the provision by the GRADER of a payment bond hereunder. As used in this Agreement, "Conditions of Approval" means, with respect to any portion of the real property within the PROPERTY, the conditions of approval of all land use entitlements approved by the CITY or any other governmental agency, including but not limited to the Resolution of Approval, and the conditions of this Agreement, any subdivision improvement agreement, and any development agreement, which conditions must be satisfied in order to develop such property. Revised 12-16-20 -18- Without limiting the foregoing, with respect to the Public Improvements Grading Work or any of it to be undertaken by GRADER or under the direction of GRADER hereunder, GRADER shall require the contractor and subcontractors to pay prevailing wages and to comply with all applicable prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations. GRADER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from GRADER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage law. In addition, the GRADER agrees to require any person or entity to whom the GRADER sells the real property within the PROPERTY to comply with this Section 17. Notwithstanding the foregoing, the CITY and the GRADER agree that (x) this Agreement is not intended to be a public works contract; (y) the subject public improvements are of local and not state-wide concern, and (z) the foregoing shall not in any way imply or be construed to mean that this Agreement or the subject public improvements constitute a public work for any purpose other than to assure compliance with the Labor Code. (18) Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Revised 12-16-20 -19- (19) Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. (20) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. (21) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (22) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. (23) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. Revised 12-16-20 [signature page follows] -20- IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. GRADER: UNIVERSITY PARK INVESTOR, LLC, a Delaware Limited Liability Company By: Name: go* eR fz+► •,)w«b Title: M*HAbEt- (Proper Notarization of GRADER's signature is required and shall be attached) Revised 12-16-20 CITY OF PALM DESERT By: KATHLEEN KELLY, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY -21- ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of C,rkrot CosIcG On �., , b 22 202D , before me, 1. • VA-14:H , a Notary Public, personally appeared ?-raA,..,r,.mAc1L• , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Revised 12-16-20 -22- L PLOTKIN Notary Public - California Contra Costa County ] �y.• gtf Commission ft 2169938 My Comm. Expires Oct 29, 2020 The notary commission extended pursuant to Executive Order N-63-20. [This page has intentionally been left blank.] CITY OF PALM DESERT STANDARD FORM FAITHFUL PERFORMANCE BOND NAME OF DEVELOPMENT: Phase 1 Grading NAME OF DEVELOPER: University Park Investor, LLC NAME OF SURETY: Atlantic Specialty Insurance Company EFFECTIVE DATE: December 21, 2020 AMOUNT OF BOND: $302,357.50 BOND NUMBER: 800114797 PREMIUM: $3,628.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 6 above, for the faithful performance of that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provisions of the Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the development named on Line 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to remain in full force and effect. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY'S reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE �08b7vf;t't IZADA4oYIeu PRINT NAME University Park Investor, LLC TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME Atlantic Specinsurance Company SURETY'S SIGNATURE Annette Au o , ttorney-In-fact SURETY'Sx.StONATURE Witness Francesca Papa (Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must be attached. ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of C Nkro, } } ss. On �o r ? ? , 20 2D , before me, • \i)�\(-Nr , a Notary Public, personally appeared °.rc�a►�v� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1/41)7i&T 1✓ L.PLOTKW Notary Public -California Contra Costa County Commission 62169938 My Comm. Expires Oct 29, 2020 The notary commission extended pursuant to Executive Order N-63-20. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of New Jersey County of Morris On 12/21/2020 before me, personally appeared who 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 to me that he/3/they executed the same in his/@/their authorized capacity(ies), and that by his/11e /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. } } Kelly O'Malley , Notary Public Rtere Insert name ant ictle or the orncerl Annette Audinot I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE Notary Public Sign My Commission E and o cial seal. February (3' 2025 Kelllyy L. O'Malley STATE OF NEW JERSEY ID # 50010128 MY COMMISSION EXPIRES February 13, 2025 (Notary Public 3 ou ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date 12/21/2020 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer 0 0 0 (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Version, www.NoioryClasses.corn 30O-E73-9565 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lath. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. beishe/theyi- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. intact En INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Theresa Giraldo, Francesca Papa, Terry Ann Gonzales -Selman, Annette Audinot, Mariya Leonidov, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. By STATE OF MINNESOTA HENNEPIN COUNTY Paul J. Brehm, Senior Vice President On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT NOTARY PUBLIC -MINNESOTA My Commission Expires January 31, 2026 d Y o . Y , d .4 @ . • Y -5rydlit Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 21st day of December 2020 1 This Power of Attorney expires I January 31, 2025 Kara Barrow, Secretary Please direct bond verifications to surety@intactinsurance.com [intact] Atlantic Specialty Insurance Company Period Ended 12/3112019 Dollars displayed in thousands Admitted Assets Investments: Bonds Preferred Stocks Common Stocks Mortgage Loans Real Estate Contract Loans Derhetites Cash, Cash Equivalents & Short Term Investments Other Investments Total Cash & Investments Premiums and Considerations Due Reinsurance Recoverable Receivable from Parent, Subsidiary or Affiliates All Other Admitted Assets $ 1,219,332 791,167 62,383 17,350 2,090,232 261,176 51,892 21,005 59,800 Total Admitted Assets 2,484,105 State of Minnesota County of Hennepin Liabilities and Surplus Liabilities Loss Reserves Loss Adjustment Expense Reserves Total Loss & LAE Reserves Uneamed Premium Reserve Total Reinsurance Liabilities Commissions, Other Expenses, and Taxes due Derivalltes Payable to Parent, Subs or Affiliates All Other Liabilities $ 750,516 243,193 993,709 520,053 17,061 40,497 • 165,932 Total Liabilities 1,737,252 Capital and Surplus Common Capital Stock Preferred Capital Stock Surplus Notes Unassigned Surplus Other Including Gross Contributed Capital & Surplus 9,001 49,392 688,460 746,853 Total Liabilities and C&S 2,484,105 I, Christopher Jerry, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said OneBeacon Insurance Company, on the 3151 day of December, 2019, according to the best of my information, knowledge and belief. C/7.:__ Val-7/ Secretary Subscribed and sworn to, before me, a Notary Public of ti State of Minnesota on this 27'1' day of February, 2020. 1 a'"`= ` SHANNON MARIE LAUBY•WOLF " *i, Notary Public 4 , Minnesota :A %1'/ My Commission Expires • '. ;/ Jan 31, 2025 Not Public [This page has intentionally been left blank.] PARKS IMPROVEMENT AGREEMENT DATE OF AGREEMENT: , 20 NAME OF SUBDIVIDER: University Park Investor, LLC (Referred to as "SUBDIVIDER"). NAME OF SUBDIVISION: Tract Map No. 37506-1 No. of Lots: 236 (Referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2745 (TM No:37506) (Referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: 8-14-2019 (Referred to as Improvement Plans) ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 583,932.80 ESTIMATED TOTAL COST OF MONUMENTATION: SURETY: BOND NOS: 800114795 SURETY: Atlantic Specialty Insurance Company -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of Califomia, hereinafter referred to as "CITY", and the SUBDIVIDER. revised 12/17/2020 RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. The public improvement work (excluding park improvements and grading) required by the Resolution of Approval and the Subdivision Laws is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Subdivision Improvement Agreement), and the required grading work is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Grading Only Agreement). D. In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all of the parks improvement work required by the Subdivision Laws, the Resolution of Approval, and the Improvement Plans in connection with the -2- revised 12/17/2020 proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E. Complete Improvement Plans for the construction, installation, and completion of the parks improvements have been prepared by SUBDIVIDER and approved by the City Engineer. As used in this Agreement, "City Engineer" means the City Engineer of CITY, or if there is no City Engineer, then the Director of Public Works of CITY or such other CITY official then performing the functions of the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F An estimate of the cost for construction of the parks improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and installation of parks improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER's Obligation to Construct Improvements. SUBDIVIDER shall: 3 revised 12/17/2020 a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Commence and complete at SUBDIVIDER's own expense, the parks improvement work in Tract Map 37506-1, required by the Resolution of Approval in conformance with approved Improvement Plans within the time frames provided by Section 22, unless a time extension is granted by the CITY as authorized in Section (22); provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. c. Furnish the necessary materials for completion of the parks improvements in conformity with the Improvement Plans. d. Acquire, or pay the cost of acquisition by CITY, and dedicate all rights -of -way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off -site rights -of - way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. 2. Acauisition and Dedication of Easements or Rights -of -Way.. If any of the parks improvements contemplated by this Agreement are to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate rights -of -way, easements or other interests in real property, and appropriate -4- revised 12/17/2020 authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, CITY of appropriate rights - of -way, easements or other interests in real property, as determined by the City Engineer, or c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section (2) shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said parks improvements in an amount of 100% of the estimated cost of the parks improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the parks improvements required to be constructed and installed pursuant to this Agreement in an amount of 100% of the estimated cost of the parks improvements and conforming to the requirements of Section 25 of this Agreement (concerning prevailing wages) and Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of -5- revised 12/17/2020 the California Civil Code), and which amount of such security shall be increased automatically by the SUBDIVIDER upon an increase in the cost of construction of the parks improvements or any of them, such that the payment bond(s) at all times shall be in an amount not less than 100% of the sum of the total amount payable pursuant to any construction contract(s) relating to the parks improvements and the estimated cost of any improvements not yet subject to a construction contract, and if the SUBDIVIDER fails to so increase the amount of the security in connection with such an increase in construction costs of the parks improvements, the SUBDIVIDER shall provide the additional security within thirty (30) days after receiving demand from the City Engineer therefor; and c. to guarantee or warranty the parks improvements work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. 6 revised 12/17/2020 4. Alterations to Improvement Plans. a. Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b. Any changes, alterations or additions to the Improvement Plans, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the security given to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement. In the event of any changes, alterations, or additions that increase the estimated cost of the improvement above the original estimated cost of the improvement, SUBDIVIDER shall provide security to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. 7 revised 12/17/2020 c. The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the parks improvements by CITY inspectors. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the parks improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. 6. Release of Securities. The securities required by this Agreement shall be released as following: -8 revised 12/17/2020 a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at the date that is the latest of (i) six (6) months after completion and acceptance of the work, (ii) fifteen (15) days following the expiration of the applicable statutory period in which any person may bring suit against the surety(ies) on a payment bond as set forth in Sections 8609 or 9558 of the California Civil Code, or (iii) fifteen (15) days following the expiration of the applicable statutory period in which any person may record a lien pursuant to Sections 8412 or 8414 of the California Civil Code, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens or suit have been filed and -9- revised 12/17/2020 of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7 Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes - 10 - revised 12/17/2020 required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements; (3) SUBDIVIDER's failure to timely cure any defect in the improvements; (4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (6) SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated -11- revised 12/17/2020 costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the parks improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses - 12 - revised 12/17/2020 incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. With respect to any equipment required to be installed pursuant to the Improvement Plans, SUBDIVIDER shall provide such equipment warranties as specified by the Improvement Plans, or if not specified therein, as approved by the City Engineer as consistent with industry standards for the type and quality of equipment specified in the Improvement Plans or, or if not specified therein, of comparable equipment on City -constructed parks. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or - 13 - revised 12/17/2020 replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Environmental Warranty. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the - 14 - revised 12/17/2020 migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: a. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; b. Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, c. SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. 14. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 15. SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give - 15 - revised 12/17/2020 good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 16. Vesting of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 17. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60) days from the date the City Engineer certifies that the work has been finally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. 18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This -16- revised 12/17/2020 indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. In the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of the Resolution of Approval, the project approvals set forth therein or -17- revised 12/17/2020 the project approvals themselves, or the terms of those approvals, including the failure to include specific terms, SUBDIVIDER and CITY each shall have the right, in their sole discretion, to elect whether or not to defend such action. SUBDIVIDER, at its sole expense, shall defend, indemnify, and hold harmless the CITY (including its agents, officers, and employees) from any such action, claim, damages, or proceeding of whatever nature with counsel chosen by the CITY, subject to SUBDIVIDER's approval of counsel, which shall not be unreasonably denied, and at SUBDIVIDER's sole expense. If the CITY is aware of such an action or proceeding, it shall promptly notify SUBDIVIDER and cooperate in the defense. SUBDIVIDER, upon such notification, shall deposit sufficient funds in the judgment of the CITY's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the CITY expends no CITY funds. If both parties to this Agreement elect to defend, the parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, CITY and SUBDIVIDER shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. SUBDIVIDER and CITY shall each have sole discretion to terminate its defense at any time. CITY shall not settle any third party litigation arising from the Resolution of Approval, or the project approvals set forth therein, without SUBDIVIDER's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless SUBDIVIDER materially breaches this indemnification requirement. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. 19. Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's - 18 - revised 12/17/2020 obligations under this Agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. If the CITY does consent to a transfer of this Agreement and the transferee assumes all of SUBDIVIDER's obligations so transferred, SUBDIVIDER shall be released of its transferred obligations hereunder, all as more specifically provided in an agreement to be entered into in connection with such transfer and in form and substance acceptable to the City Attorney. 20. Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. 21. Time of the Essence. Time is of the essence in the performance of this Agreement. 22. Time for Commencement of Work: Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than the issuance of the 1001h Certificate of Occupancy by the City's Building Department for Tract 37506-1, and the improvements shall be completed within 12 months. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not exceeding a total -19- revised 12/17/2020 of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 23. No Vesting of Riahts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: - 20 - revised 12/17/2020 Notice to CITY: Notice to SUBDIVIDER: with a copy to: Notice to SURETY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director University Park Investor, LLC 801 San Ramon Valley Blvd., Suite F Danville, CA 94526 Attn: Ravi Nandwana University Park Investor, LLC 4400 MacArthur Boulevard, Suite 700 Newport Beach, CA 92660 Attn: Rory Ingles AT1,AtuttAaCe CD• NIcMv i4s I4yPP-1ktJov we' joo4 , NY 1000 ar 25. Compliance With Laws: Labor Code Provisions. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. The CITY hereby states pursuant to Section 1781 of the California Labor Code ("Labor Code") that the construction by the SUBDIVIDER of any public improvements required by the Conditions of Approval (as defined hereinbelow) is "public work" (as defined in, and within the meaning of, Section 1720 of the Labor Code) to which Section 1771 of the Labor Code applies. While acknowledging but without expressing any concurrence with the position stated in the foregoing sentence, the SUBDIVIDER hereby agrees that it shall (i) require the construction of all park public improvements required by the Conditions of Approval to be performed as - 21 - revised 12/17/2020 "public work" to which Section 1771 of the Labor Code applies, and (ii) in furtherance of Section 1781(a)(2)(C) of the Labor Code, comply with all payment bonding requirements of the CITY with respect to such public improvements, including but not limited to the provision by the SUBDIVIDER to the CITY of a payment bond with respect to each subject construction contract (A) securing with respect to such contract the payment of claims of laborers (including but not limited to the payment of prevailing wages as required by this Section 25), material suppliers, and other persons as provided by law, (B) conforming with the requirements of Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and (C) naming the CITY as an obligee unto which the SUBDIVIDER, as principal, and the surety are bound. In the event a contractor to whom the SUBDIVIDER awards a subject construction contract provides a payment bond meeting the foregoing requirements and also naming the SUBDIVIDER as an additional obligee unto which the contractor, as principal, and the surety are bound, such contractor's payment bond shall be deemed as the provision by the SUBDIVIDER of a payment bond hereunder. As used in this Agreement, "Conditions of Approval" means, with respect to any portion of the property within the SUBDIVISION, the conditions of approval of all land use entitlements approved by the CITY or any other governmental agency, including but not limited to the Resolution of Approval, and the conditions of this Agreement and any development agreement, which conditions must be satisfied in order to develop such property. Without limiting the foregoing, with respect to improvements to be constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder, SUBDIVIDER shall require the contractor and subcontractors - 22 - revised 12/17/2020 to pay prevailing wages and to comply with all applicable prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage laws. In addition, the SUBDIVIDER agrees to require any person or entity to whom the SUBDIVIDER sells the property within the SUBDIVISION to comply with this Section 25. Notwithstanding the foregoing, the CITY and the SUBDIVIDER agree that (x) this Agreement is not intended to be a public works contract; (y) the subject public improvements are of local and not state-wide concern, and (z) the foregoing shall not in any way imply or be construed to mean that this Agreement or the subject public improvements constitute a public work for any purpose other than to assure compliance with the Labor Code. 26. Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 27. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. - 23 - revised 12/17/2020 28. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 29. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. 30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 31. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. [signature page follows] - 24 - revised 12/17/2020 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. SUBDIVIDER: UNIVERSITY PARK INVESTOR, LLC, a Delaware Limited Liability Company CITY OF PALM DESERT By: By: Name: Rn ivV f-++DA Nie-f, KATHLEEN KELLY, MAYOR Title: Atka*vers%t+— (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: GRACE L. ROCHA, ACTING CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY - 25 - revised 12/17/2020 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofC 4 } } ss. �k-et On b� Z2. , 20 0 , before me, l_- P,rA1G:,,. , a Notary Public, personally appeared r-i nbti lat. , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1 -26- revised 12/17/2020 L. PLOTKIIN California Notary Public - Contra Costa County Commissionre 2Otct298020 My Comm. Ex The notary commission extended pursuant to Executive Order N433.20. CITY OF PALM DESERT STANDARD FORM FAITHFUL PERFORMANCE BOND NAME OF DEVELOPMENT: TR 37506-1 Parks A & B Bonding NAME OF DEVELOPER: University Park Investor, LLC NAME OF SURETY: Atlantic Specialty Insurance Company EFFECTIVE DATE: December 21, 2020 AMOUNT OF BOND: $583,932.80 BOND NUMBER: 800114795 PREMIUM: $7,007.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 6 above, for the faithful performance of that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provisions of the Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the development named on Line 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to remain in full force and effect. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY'S reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE fi:dsets-T pA l"vtW-1 PRINT NAME University Park Investor, LLC TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME Atlantic Specialty In e Company 'SURETY'S SIGNATURE Annette Audinot, Attorney -In -fact URETY'SS kAT1 Witness Francesca Papa (Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must be attached. ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of C, y flirt . 0,0s6 On Ner.. 22 , 20 ZO , before me, , a Notary Public, personally appeared '-c ,rk- .1, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L PLOTKIN Notary Public —California Contra Costa County Commission # 2169938 My Comm Expires Oct29,2020 The notary commission extended pursuant to Executive OrderN-83-20. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of +',New Jersey County of Morris On 12/21/2020 personally appeared who 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 to me that he/ate/they executed the same in his/ lee /their authorized capacity(ies), and that by his/ I�e /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me, } } Kelly O'Malley , Notary Pubic (here insert name and Waal the anmerl Annette Audinot I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN�S r.ry =nd -nd official seal. Notary Pt)blIc ig t My Commission E Kelly L. O'Malley NOTARY PUBLIC STATE OF NEW JERSEY ID # 50010128 MY COMMISSION EXPIRES fehniary 13, 2025 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date 12/21/2020 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ❑ ❑ ❑ (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Vernon AN/ .hot.3.yCia-;,ses 600-E73•9t.65 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the docanreni. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or ptural forms by crossing off incorrect forms (i.e. he/she/they- is !ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seat if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Intact] • =I INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute anti appoint: Theresa Giraido, Francesca Papa, Terry Ann Gunzales-Selman, Annette Audinot, Mariya Leonidov, each individually if there be more than one named, its true and ]awful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of Indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved; That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the stature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020, 13y STATE OF MINNESOTA I-IENNEPIN COUNTY Paul i, Brehm, Senior Vice President On this twenty-seventh day of April, 2020, before me personally came Paul i. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the Individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH.TROUT NOTARY PUBLIC • MINNESOTA - My Commission Expires January 31, 2026 s V. id Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. 21st day of December 2020, Signed and sealed. Dated I This Power of Attorney expires January 31, 2025 Kara Barrow, Secretary Please direct bond verifications to suretv(clintactinsurancerom Atlantic Specialty Insurance Company Penod Ended 12/31/2019 Dollars displayed In thousands Admitted Assets Investments. Bonds Preferred Stocks Common Stocks Mortgage Loans Real Estate Contract Loans Dell tnes Cash, Cash Equivalents & Short Term Investments Other Investments Total Cash &Investments Premiums and Considerations Due Reinsurance Recoterable Receneble from Parent, Subsidiary or Affiliates Ali Other Admitted Assets $ 1,219,332 791,167 62,383 17,350 2,090,232 261,176 51,892 21,005 59,800 Total Admitted Assets 2,464,105 State of Minnesota County of Hennepin Liabilities and Surplus Liabilities Loss Reserves Loss Adjustment Expense Reserves Total Loss & LAE Reserves Unearned Premium Reserve Total Reinsurance Liabilities Commissions, Other Expenses, and Taxes due Derhetives Payable to Parent, Subs or Affiliates All Other Liabilities 750,516 243,193 993,709 520,053 17,061 40,497 165,932 Total Liabilities 1,737,252 Capital and Surplus Common Capital Stock Preferred Capital Stock Surplus Notes Unassigned Surplus Other Including Gross Contnbuted Capital & Surplus 9,001 49,392 688,460 746,853 Total Liabilities and C&S 2,484,105 I, Christopher Jerry, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said OneBeacon Insurance Company, on the 3151 day of December, 2019, according to the best of my information, knowledge and belief. Secretary Subscribed and sworn to, before me, a Notary Public of tlj State of Minnesota on this 27u' day of February, 2020. SHANNON MARIE 1Al1BY•WOLF Notary Public irAs. Minnesota My Commission Expires • Jan 31, 2025 Notsr Public EintaCt] INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Theresa Giraldo, Francesca Papa, Terry Ann Gonzales -Selman, Annette Audinot, Mariya Leanidov, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other wntings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vtce President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligarory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. STATE OF MINNESOTA HENNEPIN COUNTY INSU�a.•. wQG pRPORg1-F-12ci SEAL m `= 1986 'a By W YOs k . b�•• nu,an,, Paul J. Brehm, Senior Vice President On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT NOTARY PUBLIC • MINNESOTA My Commission Expires January 31, 2026 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 2l st day of December 2020 I This Power of Attorney expires I January 31, 2025 (- 1P0R4 17 s it*:`'SEALS . = `t2 1988 'o Kara Barrow, Secretary Please direct bond verifications to crrai(nnintartinc„ranra corn 1 [intact] Atlantic Specialty Insurance Company Period Ended 12/31/2019 Dohars displayed In thousands Admitted Assets Invwslments: Bonds Preferred Stocks Common Stocks Mortgage Loans Real Estate Contract Loans Denwh es Cash, Cash Equivalents d Short Term Investments Other Investments Total Cash & Investments Premiums and Considerations Due Reinsurance Recoverable Receivable from Parent, Subsidiary or Affiliates All Other Admitted Assets Liabilities and Surplus Llabpltles $ 1,219,332 Loss Reserves $ 750,518 Loss Adjustment Expense Reserves 243,193 791,167 Total Loss & LAE Reserves 993,709 62,383 17,350 2,090,232 261,176 51,892 21,005 59.800 Total Admitted Assets 2,484.105 State of Minnesota County of Hennepin Unearned Premium Reserve Total Reinsurance Liabilities Commissions, Other Expenses, and Taxes due Dedvatiees Payable to Parent, Subs or Affiliates All Other Liabilities 520,053 17,061 40,497 • 165,932 Total Liabilities 1,737,252 Capital and Surplus Common Capital Stock Preferred Capital Stock Surplus Notes Unassigned Surplus Other Including Gross Contributed Capital & Surplus 9,001 49,392 688,460 746,853 Total Liabilities and C&S 2,484,105 I, Christopher Jerry, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a coned exhibit of the assets and liabilities of the said OneBeacon Insurance Company, on the 31 st day of December, 2019, according to the best of my information, knowledge and belief. C/,,V/i/ Secretary Subscribed and sworn to, before me, a Notary Public of tlyq State of Minnesota on this 2day of February, 2020. A.,1 SHANNON MARIE LAUSY•WOLF " Notary Public ,l� ;i Minnesota 4ba TAi My Commission Expires Jan 31, 2025 Notir Public CITY OF PALM DESERT STANDARD FORM PAYMENT BOND (LABOR & MATERIALS) NAME OF PROJECT: TR 37506-1 Parks A & B Bonding NAME OF DEVELOPER: University Park Investor, LLC NAME OF SURETY: Atlantic Specialty Insurance Company EFFECTIVE DATE: December 21, 2020 AMOUNT OF BOND: $583,932.80 BOND NUMBER: 800114795 PREMIUM: See Premium on Performance Bond KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 of Page 1 hereof without regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Section 6 to 13 thereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely held and firmly bound unto and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used, in, upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain IMPROVEMENT AGREEMENT hereinafter mentioned and all persons, companies or corporations renting or hiring teams or implements, ar machinery, for contributing to said work to be done, all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and several[+, firmly by these presents. THE CONDITION OF THE OBLIGATION is such that whereas the above - bounden PRINCIPAL has entered into an i iPROVF_MLNT AGREEMENT with the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, for the construction of public improvements in the project ruined on Line 1 of Page 1 hereof, which said IMPROVEMENT AGREEMENT is by this reference incorporated herein NOW, THEREFORE, if the above -bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor, or subcontractors, fails to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for arnounts due under the Unemployment Insurance Act with respect to such work for labor, SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought on this bond, a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond Is executed and filed to comply with the provisions of all applicable CITY ordinances r resolutions, rules and regulations supplemental thereto; and al[ amendments thereto: and shall inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions thereof. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument the date mentioned on Line 4 of Page 1 hereof, PRINCIPAL'S SIGNATURE PRINT NAME University Park Investor, I.I.C' TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME rltlantiialty insurance Carnpany SURETY'S SIGNATURE ,\nnctte Audinot, Attorney -In -Fact SURETY'S SKGNA Francesca Papa Witness (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) APPROVED AS TO FORM ROBERT W. HARGREAVES, CITY ATTORNEY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document_ State of California County of On , 20 , before me, , a Notary Public, personally appeared _ who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/ erltheir signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VVITNESS my hand and offioial seal. Signature CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 'New Jersey County of Morris On 12/21/2020 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Aare subscribed to the within instrument and acknowledged to me that held/they executed the same in his/@/their authorized capacity(ies), and that by his/Ile/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. } } Kelly O'Malley , Notary Public (Mere Merl mime and title at the orncerl Annette Audinot I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE Notary Pu d • fficial seal. ♦ My Commisisio xpire.: February 13, Kelly L. O'Malley • - NOTARY' PUBLIC y STATE OF NEWJERSEY S ID # 500 13,2625 MY COMM1SS1O Exp RES Fet Y (NottPublic Ser 1l ADDITIONAL OPTIONAL INFORMATIo DESCRIPTION OF THE ATTACHED DOCUMENT Bond (Title or description of attached document) tTile or description of attached document continued) Number of Pages 5 Document Date 12/21/2020 CAPACITY CLAIMED BY THE SIGNER I] Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) if Attorney -in -Fact ❑ Trustee(s) ❑ Other dG s�ai' v:Nay Nutdt yCiassas corn a00.873-9°65 INSTRUCTIONS FOR COMPLETING THIS FORM • N Thrs farm complies with current California statutes regarding nwury wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be conrpletedfor documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must he the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hetsheitheyr is lure) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. it scal impression smudges, reseal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. i Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO. Secretary). • Securely attach this document to the signed document with a staple. 1 intact] IHSI-U14NCE Power of Attorney KNOW ALL MEN BY THESE PR13SE? TS, that ATLANTIC SPECIALTY I1 SURANCB COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby coast' rate and appoint: Theresa Giraldo, Prancesea Papa. Terry Ann Gonzales -Selman, Annette Audinaf, M iriya Laortdov, each individually if there be mom than one named, its true and ]awful Attorney -in -Far!, rp make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizance% contracts of indemnity, and all other writings obligatory in the nature thereof; provided that nu bond or undertaking excctt[ed under this authority shall exceed in amount the Sum of! unlimited and the execution of such hands, reoogeirances, contracts of indemnity,. and all other writing; obligatory in the nature thereof in pursuance cif these presents, shall be as binding upon said Company as if they had been fu I ly signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adapted by the Hoard of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012; ('salved; Tha[ the President, any Serhlnr VCe Prnsiden or Vict:-President leach an "Authotzed Off'cct"] may execute for and io behalf of the Company any and all bonds, recngnizances, col ua[ts of indemnity, and al] other writings obligatory In the nature thereof. and affix the sea] oFthe Company thereto; and that the Authorized Officer may appoint and authorize an Allornoy-in-Fact [o execute on behalf of the Company any and a]] such instruments and to affix the Company seal therein; and that the Authorized Officer may at any dote remove any such Attorney -in -Fa€[ and revoke all power and art 1Ly given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and io the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and aft other writings obligatory in the nature thereof, and any such instrument executed by any such Attnrney-In-last shall be as binding upon the Company as if signed and sealed by an Authorized Officer and. further, [he Attorney -In -Fact is hereby authorized to verify any affidavit required to be attached to bonds, reoogniiances, contras of indemnity, and all other wrlring5 obligatnry in the nature thereof, This power of attorney 15 signed and sealed by facsi mile under the authority of the following Resolution adopted lay the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012; Resolved; Tha[ the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-2 act for purposes only of executing and sealing any bond, undertaking, recognizance of other written obligation in the manure thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. [*T wrrNES5 WHEREOF. ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company 1n be affixed this twenty-seventh day of April, 2020, STATE OF M I NNESOTA HENNEPIN COUNTY t Et,. SEAL .rr i 19 1986 'el • ]3X _ Pau! J. Brehm, Senior Vice President On this twetnysewtnth day of April, 2020, before me personally came Paul J. Brehm, Senior Ylce President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by m duty sworn, that .he is [he said officer of the Company aforesaid, and that the seat affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said iutstriment by the authority and at the direction of the Company, AI,I ON DWAN HASIt.1ROUf NOTARY PUBLIC MINNESOTA I. MyCorronIsslooExpires-- ,JlinueLty 31, 2025 Notary Public • --1 . ; - y ,4.. - ,,Ir-' I T, [he undersigned, Secretary of ATL1iN11C SPECIALTY INSURANCE COMPANY, a New York Carporetian, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions Sal forth above are now in force. Signedand sealers eater 2lst day of December 2020, 1 'i'his Power of Attocney expires January 3I, 2025 gypSEALnE t � 198G •og916121 Kara E3arrow, Secretary Please direct bond vetifintians to zn etvCgiintactinsnrarare,eom [intact] - Daum dr9proird kl thoLS rids Atlantic Specialty Insurance Company Pergd Ended 12t3102O1 AdmItli4 Asseta In4eslmpnl;: Bonds Preened Slodi s COrnr an$I7Cki Mw t 29ri Luang Reel F$1#ke CtnIrad Loans ❑erWtisea Cash, Cash EquIrolenla & Shall Term 1.14eStmcrits Other Inwentri 1 T61XI Cash & I nveatmerdi Premiums 8nt1 Ccnslderations 4ua Rilnsunince Po6CWdrtb42 Reeel,aIe rrjm Pa-eni, Sub idiar ar ARliaLm AI Other AdmILIed Asseis $ 1,219,352 i91,1.57 IDEA) A#mmhed Asti' Ls 2,4E14,14 5 Liabilitiesand Surpk Llabllitlas Loss ReseNes $ 751:1,61d Leas A*,,pllment Expanse Rescues 243,193 7etal Loa& LAE Poeesrvea 993_71:19 Unearned Premium Resent 520,053 Talal Reinswer'a Lie[;Iltles 11,g61 Gctrnmi$siens. Other apersaes, arm Taxes due 4 1,#$7 Derkelhea Pay8910 to Parerkl, SLAB of A111i $ - AII Olher LIBis 1 g� yQ� GiIil TaealLIMA utled 1,i37 52 Ca plea) and Surplus Curna1011 i Aaek Stock Pie/cried Capani Slack Surplus Rules L,hax$iyned Surplus Omer MCliAflg Grass {bnIrbuled Capital & 9urplua 9,00.1 fn,461} T-06,B5T To4s3 Liabilities a nd CS5 2,4414,1115 State of Minnesota County of Hennepin I, Christopher Jerry, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said O ieBeacoii Insurance Company, on the 31 t day of December, 2019, according to the best of my information, knowledge and belief. Subscribed and sworn to, before ine, a Notary Public of t 27111day of February, 2020, SHANNON W&RiE L.14.1fY•W4LF Notary Public Minnesota My Commission Expires Jan 31. 2025 .Secreta,y State of Minnesota on this Nohiiiti, Public AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY THIS AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (this "Agreement" or "Exchange Agreement"), is made as of this day of 2021, ("Effective Date") by and between UNIVERSITY PARK INVESTOR, LLC, a Delaware limited liability company ("UPI"), and the CITY OF PALM DESERT ("City"), a California municipal corporation, on the other. UPI and City are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. UPI is the owner of a portion of that certain real property commonly known as University Park in the City of Palm Desert, County of Riverside, consisting of approximately Two Hundred Fifty Two (252) acres (the "University Park Development Property"). B. Within the University Park Development Property, UPI is the owner of (i) that certain real property located in the City of Palm Desert, County of Riverside, consisting of approximately One Hundred Seventy Four (174) acres (the "UPI Land"); (ii) all rights, privileges and easements currently owned by UPI which are appurtenant to the UPI Land, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the UPI Land, as well as all air rights, water, water rights and water stock relating to the UPI Land and any other easements, rights -of -way or appurtenances used in connection with the beneficial use and enjoyment of the UPI Land, (collectively, the "UPI Appurtenances"); and (iii) all of the interest of UPI in any intangible personal property, to the extent related to or used in connection with the ownership, use and operation of the UPI Land or the UPI Appurtenances, including all approvals, dedications, subdivision maps and entitlements issued, approved or granted by any governmental agency in connection with the UPI Land or the UPI Appurtenances, and any and all development rights related to or used in connection with the UPI Land or the UPI Appurtenances (collectively the "UPI Intangible Property"). C. A portion of the UPI Land, which land will be exchanged for the City Property as further described herein, and consisting of approximately eight (8) acres more particularly described in Exhibit "A" attached hereto (the "UPI Park Land"), together with the UPI Appurtenances and the UPI Intangible Property applicable to the UPI Park Land, are collectively hereinafter referred to as the "UPI Property". D. City is the owner of (i) that certain real property located in the City of Palm Desert, County of Riverside, consisting of approximately Six (6) acres more particularly described in Exhibit "B" attached hereto ("City Land"); (ii) all rights, privileges and easements currently owned by the City which are appurtenant to the City Land, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the City Land, as well as all air rights, water, water rights and water stock relating to the City Land and any other easements, rights -of -way or appurtenances used in connection with the beneficial use and enjoyment of the City Land, (collectively, the "City Appurtenances"); and (iii) all of the interest of the City in any intangible personal property, to the extent related to or used in connection with the ownership, use and operation of the City Land or the City Appurtenances, 72500.00898\32153899.4 (revised 12/17/2020) 1 including all approvals, dedications, subdivision maps and entitlements issued, approved or granted by any governmental agency in connection with the City Land or the City Appurtenances, and any and all development rights related to or used in connection with the City Land or the City Appurtenances (collectively the "City Intangible Property"). E. The City Land, the City Appurtenances and the City Intangible Property are collectively hereinafter referred to as the "City Property". F. The City Property was previously conveyed to the City for the purpose of the development of neighborhood and community parks within the University Park area. G. In connection with proposed changes to the development of University Park as reflected on Tentative Tract Map 37506, UPI desires to modify the location, number, size and shape of the neighborhood and community parks within the University Park area, provided that the net area owned by the City for the development of neighborhood and community parks within the University Park area will not be reduced as a result of such modifications. H. To provide for such proposed changes, UPI desires to exchange the UPI Property for the City Property, and City desires to exchange the City Property for the UPI Property pursuant to the terms and conditions of this Agreement. I. City has previously approved Tentative Tract Map 37506. Tentative Tract Map 37506 will be recorded as final maps in three (3) phases, starting with final tract map no. 37506- 1, with 37506-3, and 37506-2 following. J. The recording of the first phase of the final version of Tentative Tract Map 37506, being final tract map no. 37506-1, will be a condition precedent to closing the land exchange contemplated by this Exchange Agreement. NOW, THEREFORE, based upon the foregoing facts, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Exchange. Upon the satisfaction or waiver of all of the conditions precedent to the Close of Escrow set forth in Section 5 below, (a) UPI shall acquire the City Property from City and (b) City shall acquire the UPI Property from UPI (the "Exchange"). 2. Escrow and Title. 2.1. Escrow Holder. The Exchange shall be consummated through an escrow (the "Escrow") at Stewart Title of California, Inc., located at 73020 El Paseo, Suite 103, Palm Desert, CA , escrow officer, Tamara Blackford (the "Escrow Holder"). 2.2. Title Comnanv. Any title policies issued for the benefit of the City with respect to the UPI Property and to UPI with respect to the City Property, respectively and as applicable, in connection with the Exchange shall be issued by Stewart Title Guaranty Company, 72500.00898\32153899 4 (revised 12/17/2020) 2 located at 11870 Pierce St., Suite 100, Riverside, California, 92505, title officer, Kathy Crawford (the "Title Company"). 2.3. Escrow Instructions. Escrow shall be opened within three (3) days following the execution of this Agreement by delivery to Escrow and acceptance of this Agreement by Escrow Holder in writing. Escrow Holder shall open an Escrow for the consummation of the Exchange pursuant to the terms of this Agreement and this Agreement shall constitute the joint escrow instructions of the Parties to Escrow Holder. Upon Escrow Holder's receipt of the fully executed Agreement, Escrow Holder is authorized to act in accordance with the terms of this Agreement. UPI and City shall execute Escrow Holder's general escrow instructions upon request; provided, however, that if there is any conflict or inconsistency between such general escrow instructions and this Agreement, this Agreement shall control. 2.4. Definition of Close of Escrow. For purposes of this Agreement, the term "Close of Escrow" shall mean the time when Escrow Holder shall have recorded the Grant Deed and the Quitclaim Deed as set forth in Section 6.4.3 below. 3. UPI 's Approval of Condition of Title / Due Diligence. 3.1. UPI's Review of Condition of Title. Prior to the Effective Date, UPI has received and reviewed that certain Pro Forma Owner's Policy of Title Insurance Report Order No. 164240-3 dated June 26, 2019 (the "City Property Pro Forma Title Report"), covering the City Property and issued by Title Company, a copy of which is attached hereto as Exhibit "C". Except as specifically noted in Exhibit "C" hereto, UPI hereby acknowledges that UPI has approved those exceptions listed in Schedule B of the City Property Pro Forma Title Report. Those exceptions which UPI has approved on the City Property Pro Forma Title Report are hereinafter referred to as the "City Property Permitted Exceptions." The City Property Permitted Exceptions shall exclude any delinquent taxes or any taxes due and payable prior to the Close of Escrow and any and all other monetary liens or encumbrances on the City Property. 3.2. City Property Title Insurance Policy. At the option of UPI, and upon UPI's request, at the Close of Escrow and as a condition thereto, the Title Company shall issue to UPI a policy of title insurance (the "City Property Title Policy") as to the City Property, containing the terms and provisions set forth in this Section 3.2. The City Property Title Policy shall be an CLTA Standard Coverage Owner's Policy of Title Insurance issued by the Title Company in an amount determined by UPI, showing fee simple title to the City Property vested in UPI, subject only to non -delinquent taxes and assessments, the City Property Permitted Exceptions, and such other matters as to which UPI may consent in writing. The premium for the City Property Title Policy and any costs in connection with the search and examination of title and/or for the issuance of the City Property Pro Forma Title Report shall be paid by UPI. The City Property Title Policy shall be issued without reliance on any indemnity of City or any third party to induce Title Company to issue the City Property Title Policy, without the prior written consent of UPI. If UPI so elects and the Title Company agrees, the City Property Title Policy may include such endorsements as UPI may reasonably request; provided however that all such endorsements shall be issued at UPI's sole cost and expense. In addition, if UPI so elects and the Title Company agrees to issue an ALTA Extended Coverage Owner's Policy (2006 Form), the City Property Title Policy as defined above shall be an ALTA Extended Coverage Policy rather 72500.00898\32153899.4 (revised 12/17/2020) 3 than a CLTA Standard Coverage Policy, with all other elements remaining the same; provided however that such ALTA Extended coverage shall be issued at UPI's sole cost and expense. 4. Citv's Aanroval of Condition of Title. 4.1. Citv's Review of Condition of Title. Prior to the Effective Date, the City has received and reviewed that certain Pro Forma Owner's Policy of Title Insurance Report Order No. 164240-2 dated June 26, 2019, covering the UPI Property (the "UPI Property Pro Forma Title Report"), issued by Title Company, a copy of each of which is attached hereto as Exhibit P. Except as specifically noted in Exhibit "D" hereto, City hereby acknowledges that City has approved those exceptions listed on the UPI Property Pro Forma Title Report. Those exceptions which City has approved on the UPI Property Pro Forma Title Report are hereinafter referred to as the "UPI Property Permitted Exceptions." The UPI Property Permitted Exceptions shall exclude any delinquent taxes or any taxes due and payable prior to the Close of Escrow and any other monetary liens or encumbrances on the UPI Property. 4.2. UPI Title Insurance Policy. At the option of the City, and upon the City's request, at the Close of Escrow and as a condition thereto, the Title Company shall issue to City a policy of title insurance (the "UPI Property Title Policy") as to all or part of the UPI Property, containing the terms and provisions set forth in this Section 4.2. The UPI Property Title Policy shall be an CLTA Standard Coverage Owner's Policy of Title Insurance issued by the Title Company in an amount determined by the City, showing fee simple title to the UPI Property, vested in City, subject only to non -delinquent taxes and assessments, the UPI Property Permitted Exceptions, and such other matters as to which City may consent in writing. The premium for the UPI Property Title Policy and any costs in connection with the search and examination of title and/or for the issuance of the UPI Pro Forma Title Report (including any endorsements that may be requested by the City as provided herein) shall be paid by UPI. The UPI Property Title Policy shall be issued without reliance on any indemnity of UPI or any third party to induce Title Company to issue the UPI Property Title Policy, without the prior written consent of City. If City so elects and the Title Company agrees, the UPI Property Title Policy may include such endorsements, respectively and as applicable, as City may reasonably request. In addition, if City so elects and the Title Company agrees to issue one or more ALTA Extended Coverage Owner's Policy (2006 Form), the "UPI Property Title Policy" as defined above shall be an ALTA Extended Coverage Policy rather than an CLTA Standard Coverage policies, with all other elements remaining the same; provided however that any additional cost (above the cost of the UPI Property Title Policy and endorsements otherwise provided for herein) for the issuance of such extended ALTA Extended coverage shall be paid by the City. 5. Conditions Precedent to Close of Escrow. 5.1. UPI's Conditions. Each of the following shall constitute a condition precedent to the obligations of UPI to close the Escrow and may be waived only by a written waiver executed by UPI and delivered to City and to Escrow Holder: 5.1.1. Documents. The applicable documents described in Section 6.3.2 below shall have been deposited in Escrow by City. 72500.00898\32153899 4 (revised 12/17/2020) 4 5.1.2. Title Policy. If requested by UPI, the Title Company shall be irrevocably committed to issue the City Property Title Policy upon the Close of Escrow. 5.1.3. Acceptance of Property. UPI shall be satisfied, after reviewing Title, that the City Property is suitable for its intended uses and acceptable to UPI. 5.1.4. No Material Change. As of the Close of Escrow, there shall be no material change in the City Property that would materially impair UPI's use or development of the City Property. 5.1.5. Representations and Warranties. All of City's representations and warranties as set forth herein shall be true as of the Close of Escrow. 5.1.6. No Default. City shall not be in material default hereunder. If UPI does not give Escrow Holder written notice of City's default, for purposes of this Section 5.1.6 only, City shall be deemed not to be in default hereunder, and Escrow Holder shall proceed with the Close of Escrow as though City were not in default. UPI's failure to give such notice to Escrow Holder shall not excuse performance by City of any obligation hereunder. 5.1.7 Recordation of Tract Map . The City shall have recorded the first phase of the final version of Tentative Tract Map 37506, being final Tract Map No. 37506-1. 5.2. City's Conditions. Each of the following shall constitute a condition precedent to the obligations of City to close the Escrow and may be waived only by a written waiver executed by City and delivered to UPI and to Escrow Holder: 5.2.1. Documents. The applicable documents described in Section 6.3.1 below shall have been deposited in Escrow by UPI. 5.2.2. Title Policy. If requested by City, the Title Company shall be irrevocably committed to issue the UPI Property Title Policy upon the Close of Escrow. 5.2.3. Acceptance of Property. The City shall be satisfied, after reviewing Title, that the UPI Property is suitable for its intended uses and acceptable to the City. 5.2.4. No Material Change. As of the Close of Escrow, there shall be no material change in the UPI Property that would materially impair City's use or development of the UPI Property. 5.2.5. Representations and Warranties. All of UPI's representations and warranties as set forth herein shall be true as of the Close of Escrow. 5.2.6. No Default. UPI shall not be in material default hereunder. If City does not give Escrow Holder written notice of UPI's default, for purposes of this Section 5.2.6 only, UPI shall be deemed not to be in default hereunder, and Escrow Holder shall proceed with the Close of Escrow as though UPI were not in default. City's failure to give such notice to Escrow Holder shall not excuse performance by UPI of any obligation hereunder. 72500.00898\32153899 4 (revised 12/17/2020) 5 5.2.7. Appraisal. UPI shall have provided to the City an appraisal, prepared by an MAI appraiser acceptable to the City (the "Appraisal"), demonstrating that the fair market value of the UPI Property is equal to, or greater than, the fair market value of the City Property; provided, if the Appraisal concludes that the fair market value of the UPI Property is lower than the fair market value of the City Property, then (a) UPI and the City shall have jointly notified the Escrow Holder and the Title Company in writing of the amount that is equal to the difference between the appraised fair market value of the UPI Property and the appraised fair market value of the City Property (the "Market Value Completion Amount"), and (b) UPI shall have deposited in Escrow immediately available funds in an amount equal to the Market Value Completion Amount. 5.2.8. Recordation of Tract Map. The City shall have recorded the first phase of the final version of Tentative Tract Map 37506, being final Tract Map No. 37506-1. 6. Close or Cancellation of Escrow. 6.1. Closing Date. 6.1.1. Provided that this Agreement is not earlier terminated pursuant to the terms and provisions hereof and provided that all of the conditions precedent to the Close of Escrow have been satisfied or waived, the Parties agree that the Escrow shall close and Escrow Holder is instructed to close the Escrow on or before June 15, 2021 (the "Closing Date"), unless extended as described in Section 6.1.2; provided however, that in no event shall the Closing Date be later than December 31, 2021 ("Outside Closing Date"). Escrow Holder by closing the Escrow shall be deemed to have irrevocably committed to cause the Title Company to issue any requested UPI Property Title Policy and City Property Title Policy. 6.1.2. In the event that either Party believes it is necessary to extend the Closing Date, that Party shall have the right to unilaterally extend the Closing Date by thirty (30) days by providing written notice to the other Party before the Closing Date. Each Party shall only be entitled to one unilateral extension. The Parties may subsequently extend the Closing Date only by written agreement of both Parties, except that in no event shall the Closing Date be later than the Outside Closing Date without the written agreement of both Parties. 6.1.3. In the event that the Close of Escrow fails to occur by the Outside Closing Date, and neither Party is in default of its obligations hereunder, then the Party for whose benefit the non -satisfied condition exists may cancel the Escrow by written notice to the other Party and to Escrow Holder. In the event that, due to an "Event of Default" by a "Defaulting Party" (as the quoted terms are defined in Section 9.1 below), the Close of Escrow fails to occur by the Outside Closing Date, then without waiving any rights or remedies which the non -Defaulting Party may have against the Defaulting Party under Section 9 of this Agreement, the non -Defaulting Party may cancel the Escrow upon written notice to the Defaulting Party and to Escrow Holder. In the event that the non -Defaulting Party elects not to terminate this Agreement, then the non -Defaulting Party may pursue the remedies for such Event of Default as provided in Section 9 below. 72500.00898\32153899 4 (revised 12/17/2020) 6 6.2. Escrow Cancellation. 6.2.1. If, for any reason, the Escrow is cancelled pursuant to Section 6.1.3 above, Escrow Holder shall return to the Parties delivering same all instruments and funds (except as otherwise provided in Sections 6.2.2, 6.2.3, or 6.2.4 below, as applicable) which are then held by Escrow Holder in connection with the Escrow. 6.2.2. If the Escrow is cancelled pursuant to Section 6.1.3 above and neither Party is in default of its obligations hereunder, this Agreement shall be deemed to be terminated (with the exception of those provisions which expressly state that they are to survive such termination), and UPI shall pay the Escrow fee and cancellation charges, if any. In such event, neither Party shall be obligated to the other to close the Escrow hereunder. 6.2.3. If the Escrow is cancelled pursuant to Section 6.1.3 above and UPI is the Defaulting Party, UPI shall pay the Escrow fee and cancellation charges, if any. 6.2.4. If the Escrow is cancelled pursuant to Section 6.1.3 above and City is the Defaulting Party, City shall pay the Escrow fee and cancellation charges, if any. 6.3. Items to be Delivered into Escrow. 6.3.1. UPI. On or before one (1) business day prior to the Closing Date, UPI shall execute and deposit in Escrow the following: (a) Immediately available funds in the amount of UPI's share of costs and prorations described in Sections 7.1 and 7.2 below; (b) If and to the extent required by Section 5.2.7 above, immediately available funds equal to the Market Value Completion Amount. (c) A fully executed grant deed conveying fee simple title to the UPI Property to the City (the "UPI Grant Deed"), in the form of Exhibit "E" attached hereto, in recordable form; (d) A nonforeign transferor declaration (the "Nonforeign Transferor Declaration") in the form of Exhibit "F" attached hereto; (e) A California state tax withholding certificate in accordance with the requirements of California Revenue and Taxation Code Sections 18805(d) and 26131 (California Form 593-W for Non -Individual Sellers and California Form 593-C for Individual Sellers), executed by UPI (the "California Tax Certificate"); and (f) Such other documents as may be reasonably required by Title Company or Escrow Holder in order to issue one or more of the UPI Property Title Policy, if requested by the City, or otherwise required to transfer the UPI Property to City in accordance with the terms of this Agreement. 72500.00898\32153899.4 (revised 12/17/2020) 7 6.3.2. City. On or before one (1) business day prior to the Closing Date, City shall execute and deposit in Escrow the following: (a) Immediately available funds in the amount of City's share of costs and prorations described in Sections 7.1 and 7.3 below; (b) A fully executed quitclaim deed conveying fee simple title to the City Property to UPI (the "City Quitclaim Deed"), in the form of Exhibit "G" attached hereto, in recordable form; (c) A nonforeign transferor declaration (the "Nonforeign Transferor Declaration") in the form of Exhibit "H" attached hereto; (d) A California state tax withholding certificate in accordance with the requirements of California Revenue and Taxation Code Sections 18805(d) and 26131 (California Form 593-W for Non -Individual Sellers and California Form 593-C for Individual Sellers), executed by City (the "California Tax Certificate"); and (e) Such other documents as may be reasonably required by Title Company or Escrow Holder in order to issue the City Property Title Policy, if requested, or otherwise required to transfer the City Property to UPI in accordance with the terms of this Agreement. 6.4. Escrow Holder's Instructions. At such time as the conditions precedent to the Close of Escrow have been satisfied or waived, Escrow Holder shall: 6.4.1. Collate the counterparts of the Exchange Agreement into two fully executed counterparts; 6.4.2. Date, as of the Close of Escrow, all instruments calling for a date; 6.4.3. Record the UPI Grant Deed and the City Quitclaim Deed in the Official Records of Riverside County, California ("Official Records"); 6.4.4. Give City and UPI telephonic and email notice that the Close of Escrow has occurred; 6.4.5. If and to the extent required to be deposited into Escrow pursuant to Sections 5.2.7 and 6.3.1(b) above, disburse to the City funds in an amount equal to the Market Value Completion Amount; and 6.4.6. Deliver to City the UPI Property Title Policy, and to UPI the City Property Title Policy, if so requested. 6.5. Post -Closing Matters. After the Close of Escrow, Escrow Holder shall deliver the following: 72500.00898132153899.4 (revised 12/17/2020) 8 6.5.1. To City: A copy, as recorded, of the UPI Grant Deed for the UPI Property, the original Nonforeign Transferor Declaration executed by UPI, the original California Tax Certificate executed by UPI, and plain copies of the Nonforeign Transferor Declaration and the California Tax Certificate executed by City. 6.5.2. To UPI: A copy, as recorded, of the Quitclaim Deed for the City Property, the original Nonforeign Transferor Declaration executed by City, the original California Tax Certificate executed by City, and plain copies of the Nonforeign Transferor Declaration and the California Tax Certificate executed by UPI. 6.6. IRS Form 1099-S. For purposes of complying with Section 6045 of the Code, as amended by Section 1521 of the Code, Escrow Holder shall be deemed the "person responsible for closing the transaction," and shall be responsible for obtaining the information necessary to file and shall file within the time specified with the Internal Revenue Service Form 1099-S, "Statement for Recipients of Proceeds from Real Estate, Broker and Barter Exchange Transactions." 7. Costs and Prorations. 7.1. Prorations. Escrow Holder shall prorate all non -delinquent real property taxes and assessments as to the City Property between City and UPI as of the Close of Escrow based upon a 365-day year and based upon the latest available tax bill. Escrow Holder shall prorate all non -delinquent real property taxes and assessments as to the UPI Property, between UPI and City as of the Close of Escrow based upon a 365-day year and based upon the latest available tax bill for such property. The Parties agree that if such prorations are inaccurate because the latest available tax bill does not represent the taxes actually assessed, then the Parties will, as soon as tax bills actually covering the period during which the Close of Escrow takes place are available, make such further adjustments outside of the Escrow as may be appropriate so that each Party shall have borne all taxes allocable to the period during which it was the owner of its respective property. 7.2. Costs to be Paid by UPI . UPI shall pay the following costs: 7.2.1. The premium for the City Property Title Policy, if such policy is requested by UPI; 7.2.2. The premium for the UPI Property Title Policy, if such policy is requested by the City (subject to the limitations set forth in Section 4.2 hereof) 7.2.3. Documentary transfer taxes, if any, due with respect to the transfer of the UPI Property and the City Property; 7.2.4. The Escrow fee. 7.3. Costs to be Paid by City. City shall pay the following costs: 7.3.1. If requested by the City, the additional cost relating to an ALTA Extended coverage title policy (subject to the limitations set forth in Section 4.2 hereof). 72500.00898\32153899.4 (revised 12/17/2020) 9 8. Representations and Warranties; Covenants. 8.1. UPI's Representations and Warranties. As a material inducement to City to enter into this Agreement, UPI makes the following covenants, representations and warranties to City set forth in this Section 8.1 as of the date hereof and as of the Close of Escrow. 8.1.1. Property Owner. UPI is the owner of the UPI Property and has the right, power and authority to transfer the same to City pursuant to this Agreement. 8.1.2. UPI's Authority to Execute Agreement. UPI is duly organized and existing under the laws of the state of its organization and has been duly registered and qualified to transact intrastate business in the State of California. Neither the execution and delivery of this Agreement nor the performance or consummation of the transactions contemplated by this Agreement will result in any breach of or constitute a default under or conflict with any agreement, covenant, law, regulation, ordinance or obligation binding upon UPI. No approvals, authorizations or consents of any public body or of any person are necessary in connection herewith. UPI has the legal right, power and authority to enter into this Agreement and all documents, instruments or agreements referenced herein to be executed by UPI, and to consummate the transaction contemplated hereby. All individuals executing this Agreement and all other documents, instruments or agreements required hereunder, on behalf of UPI, have the legal right, power and actual authority to bind UPI to the terms and conditions hereof and thereof. 8.1.3. Compliance with Law. UPI has no knowledge and has received no notice (i) that the UPI Property is in violation of any applicable statutes, ordinances, and regulations, including those relating to environmental and health and safety requirements including those governing the storage, discharge, use and cleaning of toxic or hazardous substances and materials; (ii) of any presently pending or threatened action or proceeding under any environmental or health and safety statutes, ordinances, or regulations; or (iii) of the existence of any present or pending order or directive of any city, county, state, or federal authority, or any agency thereof, requiring that any work or repair, maintenance, improvement, or pollution or contamination abatement be performed on the UPI Property. 8.1.4. No Litigation. There are no actions, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of UPI's knowledge, threatened against UPI or the UPI Property or relating to or arising out of the ownership, management, condition, or operation of the UPI Property, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality. 8.1.5. No Mechanic's Liens. No work has been done upon, or materials delivered to, the UPI Property by or at the request of UPI, or with UPI's knowledge, which is not fully paid for, nor, to the best of UPI's knowledge, does any person, firm or corporation now have, nor, to the best of UPI's knowledge, will it have upon the giving of any notice or passage of time or otherwise, any mechanic's or materialman's lien rights with respect to the UPI Property or any part or parcel thereof. 72500 00898'32153899.4 (revised 12/17/2020) 10 8.1.6. No Adverse Agreements. There are no adverse possessors, tenancies or occupancy agreements affecting possession of the UPI Property, or any portion thereof, except as disclosed in this Agreement, nor has any option to purchase the UPI Property, or any portion thereof, been granted by UPI to any party. No party (other than the City pursuant to this Agreement) has the right to acquire the UPI Property. 8.1.7. No Bankruptcy Proceedings. UPI is not the subject of a bankruptcy, insolvency or similar proceeding. 8.1.8. Environmental Status. In accordance with California Health and Safety Code Section 25359.7, UPI warrants and represents to City that it is not aware that any release of Hazardous Materials has come to be located upon or under the UPI Property. Neither UPI nor, to the actual knowledge of UPI, without duty of inquiry, any third parties during the period of time the UPI Property has been owned by UPI have generated, handled, manufactured, stored, used, transported or discharged any Hazardous Materials on, in or under the UPI Property, the groundwater or any adjacent property. UPI is not aware of any underground storage tanks located on or under the UPI Property. As used herein, the term "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA") 42 U.S.C. §9601, et seq. or the California Hazardous Substance Account Act, Cal. Health and Safety Code §25300 et seq. or the Porter -Cologne Water Quality Act, Cal. Water Code §13000 et seq. or the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; (2) any "hazardous waste" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; or (3) any other substance, chemical, waste, toxicant, pollutant or contaminant regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including, without limitation, any petroleum products or fractions thereof. 8.1.9. AS -IS. UPI acknowledges that UPI has inspected the City Property and made its own independent investigation of the City Property. UPI further acknowledges that it is acquiring the City Property "AS -IS," in reliance solely on its own inspection of the City Property and on City's representations and warranties as set forth herein. 8.2. City's Representations and Warranties. As a material inducement to UPI to enter into this Agreement, City makes the following covenants, representations and warranties to UPI set forth in this Section 8.2 as of the date hereof and as of the Close of Escrow. 8.2.1. Property Owner. City is the owner of the City Property and has the right, power and authority to transfer the same to UPI pursuant to this Agreement. 8.2.2. Citv's Authority to Execute Agreement. City is a duly organized, validly existing public agency organized and existing under the laws of the State of California. Neither the execution and delivery of this Agreement nor the performance or consummation of the transactions contemplated by this Agreement will result in any breach of or constitute a 72500.00898\32153899 4 (revised 12/17/2020) 1 1 default under or conflict with any agreement, covenant, law, regulation, ordinance or obligation binding upon City. No approvals, authorizations or consents of any public body or of any person are necessary in connection herewith. City has the legal right, power and authority to enter into this Agreement and all documents, instruments or agreements referenced herein to be executed by City, and to consummate the transaction contemplated hereby. All individuals executing this Agreement and all other documents, instruments or agreements required hereunder, on behalf of City, have the legal right, power and actual authority to bind City to the terms and conditions hereof and thereof. 8.2.3. Compliance with Law. City has no knowledge and has received no notice (i) that the City Property is in violation of any applicable statutes, ordinances, and regulations, including those relating to environmental and health and safety requirements including those governing the storage, discharge, use and cleaning of toxic or hazardous substances and materials; (ii) of any presently pending or threatened action or proceeding under any environmental or health and safety statutes, ordinances, or regulations; or (iii) of the existence of any present or pending order or directive of any city, county, state, or federal authority, or any agency thereof, requiring that any work or repair, maintenance, improvement, or pollution or contamination abatement be performed on the City Property. 8.2.4. No Litigation. There are no actions, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of City's knowledge, threatened against City or the City Property or relating to or arising out of the ownership, management, condition, or operation of the City Property, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality. 8.2.5. No Mechanic's Liens. No work has been done upon, or materials delivered to, the City Property by or at the request of City, or with City's knowledge, which is not fully paid for, nor, to the best of City's knowledge, does any person, firm or corporation now have, nor, to the best of City's knowledge, will it have upon the giving of any notice or passage of time or otherwise, any mechanic's or materialman's lien rights with respect to the City Property or any part or parcel thereof. 8.2.6. No Adverse Agreements. There are no adverse possessors, tenancies or occupancy agreements affecting possession of the City Property, or any portion thereof, except as disclosed in this Agreement, nor has any option to purchase the City Property, or any portion thereof, been granted by City to any party. No party (other than UPI pursuant to this Agreement) has the right to acquire the City Property. 8.2.7. No Bankruptcy Proceedings. City is not the subject of a bankruptcy, insolvency or similar proceeding. 8.2.8. Environmental Status. In accordance with California Health and Safety Code Section 25359.7, City warrants and represents to UPI that it is not aware that any release of Hazardous Materials has come to be located upon or under the City Property. Neither City nor, to the actual knowledge of City, without duty of inquiry, any third parties during the period of time the City Property has been owned by City have generated, handled, manufactured, 72500.00898\32153899.4 (revised 12/17/2020) 12 stored, used, transported or discharged any Hazardous Materials on, in or under the City Property, the groundwater or any adjacent property. City is not aware of any underground storage tanks located on or under the City Property. As used herein, the term "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA") 42 U.S.C. §9601, et seq. or the California Hazardous Substance Account Act, Cal. Health and Safety Code §25300 et seq. or the Porter -Cologne Water Quality Act, Cal. Water Code §13000 et seq. or the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; (2) any "hazardous waste" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; or (3) any other substance, chemical, waste, toxicant, pollutant or contaminate regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including, without limitation, any petroleum products or fractions thereof. 8.2.9. AS -IS. City acknowledges that City has inspected the UPI Property and made its own independent investigation of the UPI Property. City further acknowledges that it is acquiring the UPI Property "AS -IS," in reliance solely on its own inspection of the UPI Property and on UPI's representations and warranties as set forth herein. 8.3. UPI 's Covenants. 8.3.1. Operation of UPI Property. UPI shall not hypothecate, transfer, encumber or affirmatively take any other action with respect to the UPI Property which would render UPI unable to convey the UPI Property to City at the Close of Escrow or impair City's intended use of the UPI Property as contemplated herein. 8.3.2. No Tax Advantaged Exchange. UPI will not attempt to avoid or defer gain recognition on the Exchange for federal income tax purposes under the provisions of Section 1031 of the Internal Revenue Code or otherwise. Notwithstanding anything to the contrary contained herein, the covenant and obligation of UPI contained in this Section 8.3.2 shall survive beyond the Close of Escrow and recordation of the UPI Grant Deed and the City Quitclaim Deed. 8.4. City's Covenants. 8.4.1. Operation of City Property. City shall not hypothecate, transfer, encumber or affirmatively take any other action with respect to the City Property which would render City unable to convey the City Property to UPI at the Close of Escrow or impair UPI's intended use of the City Property as contemplated herein. 9. Default. 9.1. Events of Default. The failure of a Party (the "Defaulting Party") to perform any material act to be performed by such Party, to refrain from performing any material prohibited act, or to fulfill any condition to be fulfilled by such Party under this Agreement, or 72500.00898\32153899.4 (revised 12/17/2020) 13 under any agreement referred to herein or attached hereto as an exhibit, within ten (10) days after written notice of such failure from the Non -Defaulting Party shall be an "Event of Default" by the Defaulting Party with respect to the Defaulting Party's obligations hereunder; provided, however, that if more than ten (10) days are reasonably required in order to cure such Event of Default, then the Defaulting Party shall be entitled to a maximum of thirty (30) days to effect such cure, provided the Defaulting Party commences cure within such ten (10) day period and diligently proceeds to complete such cure within such thirty (30) day period. 9.2. Remedies. Upon the occurrence of any Event of Default by a Defaulting Party, the non -Defaulting Party shall have such rights or remedies available to it under this Agreement or at law or in equity. 10. Casualty Loss: Condemnation. 10.1. Notice Re Condemnation or Casualty: Election. In the event that, prior to the Close of Escrow, all or any portion of the UPI Property or City Property is taken or proposed to be taken as a result of the exercise or proposed exercise of the power of eminent domain (a "Condemnation Action"), or all or any portion of the UPI Property or City Property is damaged by earthquake, flood or fire (a "Casualty"), then the Party that is the current property owner shall, within ten (10) days thereafter, give written notice of such Condemnation Action or Casualty to the other Party ("Noticed Party"). Such Noticed Party shall have thirty (30) days following receipt of such notice to elect in writing to accept or not to accept the UPI Property or City Property, as the case may be, subject to such Casualty or Condemnation Action. Failure of a Noticed Party to notify the other Party of its election within such thirty (30) day period shall be deemed an election not to accept the UPI Property or City Property, as the case may be, subject to such Casualty or Condemnation Action. 10.2. Termination of Agreement. In the event that a Noticed Party elects not to accept the UPI Property or City Property, as the case may be, subject to such Casualty or Condemnation Action as provided in Section 10.1 above, Noticed Party shall cancel the Escrow by written notice to Escrow Holder and the Party that is the current property owner and this Agreement shall be deemed to be terminated (with the exception of those provisions which expressly state that they are to survive such termination), and UPI and City shall each bear one- half (1/2) of the Escrow fee and cancellation charges. In such event, neither Party shall be obligated to the other to close the Escrow hereunder. 10.3. Proceeds of Condemnation or Casualty Insurance. In the event that a Noticed Party elects to accept the UPI Property or City Property, as the case may be, subject to a Casualty or Condemnation Action pursuant to Section 10.1 above, then the Party owning the property shall assign to the Noticed Party all rights, causes of action, claims, benefits, payments and awards arising from such Condemnation Action or Casualty (including, without limitation, any amount due from or paid by any insurance company or any other party as a result of the damage). 11. Possession. Possession of the UPI Property shall be delivered to City upon the Close of Escrow, subject only to the UPI Property Permitted Exceptions. Possession of the City 72500.00898\32153899.4 (revised 12/17/2020) 14 Property shall be delivered to UPI upon the Close of Escrow, subject only to the City Property Permitted Exceptions. 12. BrokeraQe Commissions. Each Party warrants and represents to the other that no broker, finder or other intermediary hired or employed by it is entitled to a commission, finder's fee or other compensation based upon the transaction contemplated hereby and each Party shall indemnify and hold harmless the other Party from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the claim of any broker, finder or other intermediary alleging to have been employed or hired by such Party to a commission, finder's fee or other compensation based upon the transaction contemplated hereby. The obligations of UPI and City pursuant to this Section 12 shall survive beyond the Close of Escrow or if the Escrow is cancelled, beyond any termination of this Agreement. 13. Miscellaneous. 13.1. Notices. All notices or other communications between UPI and City required or permitted hereunder shall be in writing and personally delivered or sent by certified mail, return receipt requested and postage prepaid, sent by reputable overnight courier (such as Federal Express, UPS or DHL), or transmitted by electronic facsimile transmission (with electronic confirmation of receipt), to the following addresses: If to UPI : University Park Investor, LLC 801 San Ramon Valley Blvd., Suite F Danville, California 94526 Attn: Ravi Nandwana with a copy to: University Park Investor, LLC 4400 MacArthur Boulevard, Suite 700 Newport Beach, CA 92660 Attn: Rory Ingles If to City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Manager with a copy to: Best, Best & Krieger, LLP 74-760 Highway 111, Suite 200 Indian Wells, CA 92210 Attn: Robert Hargreaves A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. or otherwise on the day following personal delivery, or when received, if transmitted by electronic facsimile transmission (with electronic confirmation of receipt), or two (2) business days following the date the notice is postmarked, if mailed, or on the day following delivery to 72500.00898\32153899.4 (revised 12/17/2020) 15 the applicable overnight courier, if sent by overnight courier. Either Party may change the address to which notices are to be given to it by giving notice of such change of address in the manner set forth above for giving notice. 13.2. Time of the Essence. Time is of the essence for this Agreement and each and every term and provision hereof. 13.3. Interpretation: Governing Law. This Agreement shall be construed as if prepared by both Parties. This Agreement shall be construed, interpreted and governed by the laws of the State of California and the laws of the United States of America prevailing in California. 13.4. Severability. In the event that any phrase, clause, sentence, paragraph, section, article or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the full extent permissible by law. 13.5. Performance of Acts on Business Days. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to calendar days. In the event that the final date for payment of any amount or performance of any act hereunder falls on a Saturday, Sunday or holiday, such payment may be made or act performed on the next succeeding business day. 13.6. Attorneys' Fees. In the event of any legal action or other proceeding between the Parties regarding this Agreement, any of the documents attached hereto as exhibits, the UPI Property or the City Property (an "Action"), the prevailing Party shall be entitled to the payment by the losing Party of its reasonable attorneys' fees, court costs and litigation expenses, as determined by the court. 13.7. Post-Judement Attorneys' Fees. The prevailing Party in any Action shall be entitled, in addition to and separately from the amounts recoverable under Section 13.6 above, to the payment by the losing Party of the prevailing Party's reasonable attorneys' fees, court costs and litigation expenses incurred in connection with (a) any appellate review of the judgment rendered in such Action or of any other ruling in such Action, and (b) any proceeding to enforce a judgment in such Action. It is the intent of the Parties that the provisions of this Section 13.7 be distinct and severable from the other rights of the parties under this Agreement, shall survive the entry of judgment in any Action and shall not be merged into such judgment. 13.8. Further Assurances: Survival. Each Party will, whenever and as often as it shall be requested to do so by the other Party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such further conveyances, assignments, approvals, consents and any and all other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this Agreement. 13.9. Entire Agreement: Amendments. This Agreement, together with the other written agreements referred to herein, is intended by the Parties to be the final expression of their agreement with respect to the subject matter hereof and is intended as the complete and 72500.00898\32153899.4 (revised 12/17/2020) 16 exclusive statement of the terms of the agreement between the Parties. As such, this Agreement supersedes any prior understandings between the Parties, whether oral or written. Any amendments to this Agreement shall be in writing and shall be signed by all Parties hereto. 13.10. No Waiver. A waiver by either Party hereto of a breach of any of the covenants or agreements hereof to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 13.11. Assignment. Neither Party hereto shall assign its rights under this Agreement without the prior written consent of the other Party, which consent may be given or withheld in such Party's sole discretion. 13.12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors and permitted assigns. 13.13. Headings: Cross -References: Exhibits. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand or limit the terms of this Agreement. All cross-references in this Agreement, unless specifically directed to another agreement or document, shall refer to provisions in this Agreement and shall not be deemed to be references to any other agreements or documents. Each of the exhibits attached to this Agreement is hereby incorporated into this Agreement by this reference. 13.14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 13.15. Effective Date. This Agreement shall become effective on the date (the "Effective Date") this Agreement is executed by the last of the persons required to bind the parties hereto as set forth opposite their respective signatures below. 13.16 Special Condition. Notwithstanding any other term or provision to the contrary set forth in this Agreement, in no event shall this Agreement be interpreted to require a transfer of real property by either party unless the UPI Property (described in Exhibit "A" attached hereto) and the City Property (described in Exhibit "B" attached hereto) are deemed suitable for transfer by both Parties, and are actually transferred to the other Party under the terms of this Agreement at the Close of Escrow. 13.17 Incorporation of Recitals. The Recitals are hereby incorporated into this Agreement as if fully and completely rewritten. [Signatures Included on Following Page] 72500.00898\32153899 4 (revised 12/17/2020) 17 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite their respective signatures below. Dated: 4 ziia,zo UNIVERSITY PARK INVESTOR, LLC, a Delaware Limited Liability Company By: a 41— Name: gooexLT Ewaelovtc44 Title: MAN Ab4-f— Dated: CITY: Approved as to Form: CITY ATTORNEY By: Name: Robert Hargreaves of Best Best & Krieger LLP 72500.00898\32153899 4 (revised 12/17/2020) 18 CITY OF PALM DESERT, a California municipal corporation By: Name: Title: Attest CITY CLERK By: Grace L. Rocha, Acting City Clerk ACCEPTANCE BY ESCROW HOLDER Escrow Holder hereby acknowledges receipt of this fully executed Agreement on the day of , 20, and accepts the escrow instructions set forth herein. ESCROW HOLDER: By: Name: Title: 72500.00898\32153899.4 (revised 12/17/2020) 19 EXHIBIT "A" Legal Description of UPI Property EXHIBIT "A" 72500.00898\31910851.4 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of Palm Desert and described as follows: Parcel A: That certain portion of land situated in the City of Palm Desert, being all of Parcel 9 and Parcel 15 of Parcel Map No. 31730, as shown by map on file in Book 211, Pages 63 through 75 of Parcel Maps, Records of Riverside County, California. Together with all of that land described in a Grant Deed to the Palm Desert Redevelopment Agency recorded December 9, 2002 as Instrument No. 02-734132 of Official Records of Riverside County, California. Excepting therefrom, the following described portion of land: That certain portion of land situated in the City of Palm Desert, being portions of Parcels 1, 2, 3 and 5 and all of Parcel 4 of Certificate of Compliance for Parcel Map Waiver, P.M.W. No. 99-11, recorded January 4, 2000 as Instrument No. 2000-002896 of Official Records, more particularly described as follows: Commencing at the centerline intersection of Frank Sinatra Drive and Portola Avenue, being the southwest corner of Section 33, Township 4 South, Range 6 East, San Bernardino Base and Meridian; thence North 00°05'32" West 3,664.39 feet along the centerline of Portola Avenue, said line also being the west line of said Section 33, to the true point of beginning; thence leaving said centerline and west line, North 89°54'28" East 311.19 feet to the beginning of a tangent curve concave northerly and having a radius of 1,013.00 feet; thence along said curve Easterly 267.13 feet through a central angle of 15°06'33"; thence radially from said curve South 15°12'05" East 95.73 feet; thence South 32°01'27" East 138.08 feet; thence South 37°44'05" East 373.26 feet to the beginning of a tangent curve concave northeasterly and having a radius of 536.00 feet; thence along said curve Southeasterly 291.92 feet through a central angle of 31°12'18"; thence tangent from said curve South 68°56'23" East 69.74 feet to a point on a non - tangent curve concave northeasterly and having a radius of 534.00 feet, a radial line of said curve from said point bears North 80°00'56" East; thence along said curve Southeasterly 451.08 feet through a central angle of 48°23'57" to a point of reverse curvature with a curve concave southwesterly and having a radius of 866 feet, a radial line of said curve from said point bears South 31°36'59" West; thence along said curve Southeasterly 93.89 feet through a central angle of 06°12'44"; thence non -tangent from said curve South 41°55'34" East 49.31 feet; thence South 39°47'30" East 498.31 feet; thence South 46°52'11" East 259.34 feet to the beginning of a tangent curve concave southwesterly and having a radius of 866.00 feet; thence along said curve Southeasterly 224.43 feet through a central angle of 14°50'55" to a point of reverse curvature with a curve concave northeasterly and having a radius of 434 feet, a radial line of said curve from said point bears North 57°58'44" East; thence along said curve Southeasterly 326.73 feet through a central angle of 43°08'03" to a point of reverse curvature with a curve concave southwesterly and having a radius of 50.00 feet, a radial fine of said curve from said point bears South 14°50'41" West; thence along said curve Southeasterly 54.34 feet through a central angle of 62°16'13" to a point of reverse curvature with a curve concave northeasterly and having a radius of 484 feet, a radial line of said curve from said point bears North 77°06'54" East; thence along said curve Southeasterly 311.53 feet through a central angle of 36°52'42" to a point of reverse curvature with a curve concave southwesterly and having a radius of 1266 feet, a radial line of said curve from said point bears South 40°14'12" West; thence along said curve Southeasterly 166.75 feet through a central angle of 07°32'48"; thence tangent from said curve South 42°13'00" East 186.14 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1,066.00 feet; thence along said curve Southeasterly 131.96 feet through a central angle of 07°55'33"; thence non -tangent from said curve South 25°01'56" East 74.98 feet; thence South 31°06'49" East 61.06 feet to the beginning of a tangent curve concave Order No.: 164240 Preliminary Report Page 3 of 14 northeasterly and having a radius of 154.00 feet; thence along said curve Southeasterly 74.69 feet through a central angle of 27°47'21"; thence tangent from said curve South 58°54'10" East 106.28 feet; thence South 53°16'24" East 182.10 feet to a point on a non -tangent curve concave southeasterly and having a radius of 600 feet, a radial line of said curve from said point bears South 53°16'24" East, said point also being on the centerline of College Drive as shown on aforementioned Parcel Map 31730; thence along said centerline of College Drive through the following courses: Southerly along last said curve, 386.33 feet through a central angle of 36°53'30"; thence tangent from said curve, South 00°09'54" East 296.89 feet to a point on a line being parallel with and 50.00 feet Northerly from the centerline of said Frank Sinatra Drive; thence leaving said centerline of College Drive, along said parallel line South 89°50'06" West 3,132.42 feet; thence leaving said parallel line, North 45°08'22' West 32.55 feet to a point on the easterly right of way line of Portola Avenue, said line being parallel with and 50.00 feet Easterly from the centerline of said Portola Avenue; thence along said parallel line North 00°05'32" West 2,591.58 feet to the East-West quarter section line of said Section 33; thence leaving said parallel line South 89°51'12" West 50.00 feet along said quarter section line to the West quarter corner of said Section 33, said point also being on the centerline of said Portola Avenue; thence along said west line of Section 33 and said centerline of Portola Avenue, North 00°05'32" West 999.77 feet to the point of beginning. (Said land is shown and described in that certain Certificate of Compliance No. 05-01, approved by the City of Palm Desert, recorded August 24, 2005 as Instrument No. 05-696754 of Official Records.) Excepting therefrom, that portion conveyed to the City of Palm Desert for a park site, recorded October 8, 2008 as Instrument No. 08-544124 of Official Records. (APN: 694-190-053, 694-200-013 and 694-200-014) Parcel B: Parcel 1 together with those portions of Parcels 2 and 3 of Parcel Map No. 31730, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 211, Pages 63 through 75 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point which bears South 89°56'07" West 847.65 feet from the easterly terminus of that certain course in the northerly line of said Parcel 2 shown as "N 89°56'07" E 1196.32' ; thence leaving said northerly line, South 00°03'53" East 145.76 feet; thence South 12°30'25" West 46.11 feet; thence South 00°05'31" East 358.31 feet; thence North 72°39'29" East 42.12 feet; thence North 82°39'19" East 75.76 feet; thence South 00°03'53" East 138.11 feet to the northerly Tine of the land described in the Grant Deed recorded December 29, 2006 as Instrument No. 06-951880 of Official Records of Riverside County, California; thence Westerly, Southwesterly, Southerly, Southeasterly and Easterly along the northerly, northwesterly, westerly, southwesterly and southerly line of the land described in said Grant Deed, the following five courses: North 90°00'00" West 12.00 feet to the beginning of curve concave to the southeast having a radius of 96.50 feet; thence Westerly, Southwesterly and Southerly 151.58 feet along said curve, through a central angle of 90°00'00' ; thence South 00°00'00" West 18.00 feet to the beginning of a curve concave to the Northeast having a radius of 96.50 feet; thence Southerly, Southeasterly and Easterly 151.58 feet along said curve through a central angle of 90°00'00" thence North 90°00'00" East 73.85 feet; thence leaving said northerly, northwesterly, westerly, southwesterly and southerly line of Grant Deed, South 00°05'32" East 375.93 feet to the beginning of a curve concave to the northeast having a radius of 166.00 feet; thence Southeasterly 55.55 feet along said curve through a central angle of 19°10'25"; thence non -tangent to said curve, South 67°46'51" East 50.41 feet; thence South 20°59'12" East 10.00 feet to a point on the southerly line of said Parcel 3, said point being the beginning of a non -tangent curve concave to the southeast having a radius of 1,335.00 feet and to which point a radial line bears North 20°59'12" West; thence along said southerly line and the westerly line of said Parcel 3 and the westerly and northerly line of said Parcel 3 and the westerly and northerly line of said Parcel 1 and the northerly line of said Parcel 2 the following courses: Southwesterly 207.73 feet along said curve through a central angle of 08°54'55" to the beginning of a reverse curve concave to the northwest and having a radius of 975.00 feet, a radial line through said beginning of reverse curve bears Order No.: 164240 Preliminary Report Page 4 of 14 North 29°54'07" West; thence Southwesterly 507.27 feet along said curve through a central angle of 29°48'35"; thence South 89°54'28" West 67.94 feet to the beginning of a curve concave to the north having a radius of 325.00 feet; thence Westerly 43.27 feet along said curve through a central angle of 07°37'41" to the beginning of a reverse curve concave to the south having a radius of 353.00 feet a radial line through said beginning of reverse curve bears South 07°32'09" West; thence Westerly 47.00 feet along said curve through a central angle of 07°37'41"; thence South 89°54'28" West 80.25 feet; thence North 47°41'41" West 31.14 feet; thence North 00°05'32" West 1,272.32 feet; thence North 89°56'07" East 25.00 feet; thence North 00°05'32" West 237.02 feet; thence North 44°55'18" East 24.05 feet; thence North 89°56'07" East 665.30 feet to the point of beginning. Excepting therefrom, that portion conveyed to the Coachella Valley Water District, in Grant Deed recorded December 5, 2008 as Instrument No. 08-640595 of Official Records of Riverside County, California. (Said land is shown and described as Parcel 1 in that certain Certificate of Compliance / Waiver of Parcel Map PMW 10-167, approved by the City of Palm Desert, recorded September 3, 2010 as Instrument No. 10-425283 of Official Records.) (APN: 694-190-079) Parcel C: Those portions of Parcels 2 and 3 of Parcel Map No. 31730, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 211, Pages 63 through 75 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at a point which bears South 89°56'07" West 847.65 feet from the easterly terminus of that certain course in the northerly line of said Parcel 2 shown as "N 89°56'07" E 1196.32"; thence along the northerly and easterly line of said Parcel 2 and the northerly and easterly line of said Parcel 3 the following five courses: North 89°56'07" East 847.65 feet; thence South 45°03'53" East 24.04 feet; thence South 00°03'53" East 535.08 feet; thence North 89°56'07" East 16.00 feet; thence South 00°03'53" East 206.06 feet; thence leaving said easterly line of Parcel 3, South 89°56'07" West 421.04 feet to a point on the easterly line of the land described in Grant Deed recorded December 29, 2006 as Instrument No. 06- 951880 of Official Records of Riverside County, California, said point being the beginning of a non - tangent curve concave to the southwest having a radius of 96,50 feet to which point a radial line bears North 87°43'36" East; thence along said easterly line and the northeasterly and northerly line of the land described in said Grant Deed, the following two courses: Northerly, Northwesterly and Westerly 147.75 feet along said curve through a central angle of 87°43'35"; thence South 90°00'00" West 257.78 feet; thence leaving said easterly, northeasterly and northerly line, North 00°03'53" West 138.11 feet; thence South 82°39'19" West 75.76 feet; thence South 72°39'29" West 42.12 feet; thence North 00°05'31" West 358.31 feet; thence North 12°30'25" East 46.11 feet; thence North 00°03'53" West 145.76 feet to the point of beginning. (Said land is shown and described as Parcel 2 in that certain Certificate of Compliance / Waiver of Parcel Map PMW 10-167, approved by the City of Palm Desert, recorded September 3, 2010 as Instrument No. 10-425283 of Official Records.) (APN: 694-190-072) Parcel D: That portion of Parcel 3 of Parcel Map No. 31730, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 211, Pages 63 through 75 of Parcel Maps, Records of Riverside County, California, described as follows: Order No.: 164240 Preliminary Report Page 5 of 14 Beginning at a point which bears South 00°03'53" East 206.06 feet from the northerly terminus of that certain course in the easterly line of said Parcel 3 shown as "N 00°03'53" W 217.72"; thence along said easterly line and the southeasterly and southerly line of said Parcel 3 the following four courses: South 00°03'53" East 11.66 feet to the beginning of a curve concave to the west having a radius of 3,089.00 feet; thence Southerly 442.94 feet along said curve through a central angle of 08°12'57" to the beginning of a compound curve concave to the northwest having a radius of 46.00 feet; thence Southerly, Southwesterly and Westerly, 68.99 feet along said curve to the beginning of a reverse curve concave to the southeast having a radius of 1,335.00 feet, a radial line through said beginning of reverse curve bears South 04°05'08" West; thence Westerly 584.19 feet along said curve through a central angle of 25°04'20" to a radial line of said curve which bears North 20°59'12" West; thence leaving said easterly, southeasterly and southerly line and on the prolongation of said radial 10.00 feet; thence North 67°46'51" West 50.41 feet to the beginning of a non -tangent curve concave to the northeast having a radius of 166.00 feet and to which beginning a radial line bears South 70°44'03" West; thence Northerly 55.55 feet along said curve through a central angle of 19°10'25"; thence North 00°05'32 West 375.93 feet to the southerly line of the land described in Grant Deed recorded December 29, 2006 as Instrument No. 06- 951880 of Official Records of Riverside County, California; thence along said southerly line and the southeasterly and easterly line of the land described in said Grant Deed the following four courses: North 90°00'00" East 195.87 feet to the beginning of a curve concave to the northwest having a radius of 96.50 feet; thence Easterly, Northeasterly and Northerly, 151.23 feet along said curve through a central angle of 89°47'27"; thence North 00°12'33" East 18.00 feet to the beginning of a curve concave to the west having a radius of 96.50 feet; thence Northerly 4.18 feet along said curve through a central angle of 02°28'57"; thence leaving said southerly, southeasterly and easterly line and along a non -tangent line North 89°56'07" East 421.04 feet to the point of beginning. (Said land is shown and described as Parcel 3 in that certain Certificate of Compliance / Waiver of Parcel Map PMW 10-167, approved by the City of Palm Desert, recorded September 3, 2010 as Instrument No. 10-425283 of Official Records.) (APN: 694-190-070) Parcel E: Parcels 4, 5 and 6 of Parcel Map No. 31730, as shown by map on file in Book 211, Pages 63 through 75 of Parcel Maps, Records of Riverside County, California. Excepting therefrom, that portion conveyed to the City of Palm Desert for a park dedication, in deed recorded December 29, 2006 as Instrument No. 06-951883 of Official Records. Also excepting therefrom, that portion conveyed to the Coachella Valley Water District for a well site, in deed recorded December 5, 2008 as Instrument No. 08-640594 of Official Records. (APN: 694-190-010, 694-190-037 and 694-190-055) Parcel F: That certain parcel of land situated in the City of Palm Desert, County of Riverside, State of California, being a portion of Parcel 7, as shown on Parcel Map No. 31730 filed in Book 211, Pages 63 through 75 of Parcel Maps, records of Riverside County, Califomia, more particularly described as follows: Beginning at a point on a non -tangent curve concave northeasterly and having a radius of 1,075.00 feet, said point being on the southerly right of way line of Gerald Ford Drive, said point also being the northeasterly corner of said Parcel 7; thence along said southerly right of way line along said curve, Southerly 390.59 feet through a central angle of 20° 49' 04"; thence non -tangent from said curve, South Order No.: 164240 Preliminary Report Page 6 of 14 50° 53' 34" West 181.44 feet; thence South 50° 06' 39" West 364.36 feet to a point on the northerly right of way line of College Drive es shown on said Parcel Map No. 31730; thence along the southwesterly line of said Parcel 7; along said Northerly right of way line of College Drive, North 39° 53' 21" West 63.45 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1,035.00 feet; thence along said curve Northwesterly 360.82 feet through a central angle of 19° 58' 28"; thence leaving said northerly right of way line along the northeasterly prolongation of the radial line from said curve, North 30° 08' 11" East 213.25 feet to the beginning of a tangent curve concave southeasterly and having a radius of 500 feet; thence along said curve Northeasterly 480.87 feet through a central angle of 55° 06' 13"; thence tangent from said curve North 85° 14' 25" East 136.40 feet to the point of beginning. (Said land is shown and described as Parcel A in that certain Certificate of Compliance / Waiver of Parcel Map PMW 06-01, approved by the City of Palm Desert, recorded September 8, 2006 as instrument No. 06-0668994 of Official Records.) APN: 694-190-031 APN: 694-190-053, 694-200-013, 694-200-014, 694-190-079, 694-190-072, 694-190-070, 694-190-010, 694-190-037, 694-190-055, 694-190-031 (End of Legal Description) Order No: 164240 Preliminary Report Page7of 14 EXHIBIT "B" jga1 Description of City Property EXHIBIT `B" 72500.00898\31910851.4 EXHIBIT "B" LEGAL DESCRIPTION QUITCLAIM PARK "A" THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED, RECORDED DECEMBER 29, 2006, AS DOCUMENT NO. 2006-0951880, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211, PAGES 63 THROUGH 75, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY OF RIVERSIDE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 2.058 ACRES, MORE OR LESS PAGE 1 OF 4 EXHIBIT "B" LEGAL DESCRIPTION QUITCLAIM PARK "B" THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED, RECORDED DECEMBER 29, 2006, AS DOCUMENT NO. 2006-0951883, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 4 AND 5, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211, PAGES 63 THROUGH 75, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY OF RIVERSIDE, LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 4.221 ACRES, MORE OR LESS PAGE 2 OF 4 EXHIBIT "B" LEGAL DESCRIPTION PORTION OF DOG PARK QUITCLAIM IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THAT CERTAIN PARCEL, DESCRIBED IN GRANT DEED RECORDED OCTOBER 08, 2008, AS DOCUMENT NO. 2008-544124, OFFICIAL RECORDS LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MOST SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE NORTH 26°59'33" EAST, ALONG THE WESTERLY LINE OF SAID CERTAIN PARCEL A DISTANCE OF 9.72 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 35°43'18" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°21'22", AN ARC DISTANCE OF 28.78 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID CERTAIN PARCEL, A RADIAL LINE TO SAID POINT BEARS NORTH 56°04'40" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 50°59'35" WEST, AND ALONG SAID SOUTHERLY LINE A DISTANCE OF 6.26 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 61.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 50°59'35" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23°44'27", AN ARC DISTANCE OF 25.28 FEET TO THE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 211 SQUARE FEET OR 0.005 ACRES MORE OR LESS. PAGE 3 OF 4 EXHIBIT "C" City Property Pro Forma Title Report (Attached hereto and made part hereof) EXHIBIT "C" 72500.00898\31910851.3 This is a ProForma Policy, which provides no insurance coverage, furnished to or on behalf of the proposed insured. This ProForma does not reflect the present status or condition of title and is not a commitment to insure the estate or interest or to provide any affirmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the appropriate forms of the Company. This ProForma Policy solely indicates the form and content of the Policy which the Company may issue if all necessary documents are furnished, all acts are performed, and all requirements set forth in the title commitment coverin this roperty (or that may be required by underwriting) are met to the satisfaction of the Company. stewart fite ALTA OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 1-)61,74Ati, Authorized/Countersignature Stewart Title of California, Inc. 11870 Pierce Street, Ste 100 Riverside, CA 92505 Agent ID: 05060A Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 1 of 12 Matt Morris President and CEO Denise C rraux Sec reta ry AMERICAN LAND TITLE ASSOCIATION For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com. To make a claim, furnish written notice in accordance with Section 3 of the Conditions. For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 2 of 12 AMERICAN LAND TITLE ASSOCIATION 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (Hi) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) the term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 3 of 12 AMERICAN LAND TITLE ASSOCIATION (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 4 of 12 AMERICAN LAND TITLE ASSOCIATION (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of ail appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 5 of 12 AMERICAN LAND TITLE ASSOCIATION $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 6 of 12 AMERICAN LAND TITLE ASSOCIATION This is a ProForma Policy, which provides no insurance coverage, furnished to or on behalf of the proposed insured. This ProForma does not reflect the present status or condition of title and is not a commitment to insure the estate or interest or to provide any affirmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the appropriate forms of the Company. This ProForma Policy solely indicates the form and content of the Policy which the Company may issue if all necessary documents are furnished, all acts are performed, and all requirements set forth in the title commitment covering this property (or that may be required by underwriting) are met to the satisfaction of the Company. ALTA OWNERS POLICY SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O. Box 2029 Houston, TX 77252-2029 File No.: 164240-3 Policy No.: ProForma Address Reference: APN's: 694-190-053, 694-200-013, 694-200-014 & 694-190-079, Palm Desert, CA 92211 APN's: 694-190-072, 694-190-070, 694-190-010 & 694-190-037, Palm Desert, CA 92211 APN's 694-190-055 & 694-190-031, Palm Desert, CA 92211 Amount of Insurance: ($TBD) Premium: ($TBD) Date of Policy: TBD 1. Name of Insured: University Park Investor, LLC, a Delaware limited liability company 2. The estate or interest in the Land that is insured by this policy is: FEE 3. Title is vested in: University Park Investor, LLC, a Delaware limited liability company 4. The Land referred to in this policy is described as follows: See Exhibit "A" Attached Hereto Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 7 of 12 AMERICAN LAND TITLE ASSOCIATION ALTA OWNERS POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 164240-3 Policy No.: ProForma The land referred to herein is situated in the State of California, County of Riverside and described as follows: QUITCLAIMED PARK "A" THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED, RECORDED DECEMBER 29, 2006, AS DOCUMENT NO. 2006-0951880, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211, PAGES 63 THROUGH 75, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY OF RIVERSIDE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 2.058 ACRES, MORE OR LESS QUITCLAIMED PARK "B" THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED, RECORDED DECEMBER 29, 2006, AS DOCUMENT NO. 2006-0951883, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 4 AND 5, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211, PAGES 63 THROUGH 75, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY OF RIVERSIDE, LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 4.221 ACRES, MORE OR LESS PORTION OF DOG PARK QUITCLAIM IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THAT CERTAIN PARCEL, DESCRIBED IN GRANT DEED RECORDED OCTOBER 08, 2008, AS DOCUMENT NO. 2008-544124, OFFICIAL RECORDS LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MOST SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE NORTH 26°59'33" EAST, ALONG THE WESTERLY LINE OF SAID CERTAIN PARCEL A DISTANCE OF 9.72 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 8 of 12 AMERICAN LAND TITLE ASSOCIATION ALTA OWNERS POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY SOUTHWESTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 35°43'18" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°21'22", AN ARC DISTANCE OF 28.78 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID CERTAIN PARCEL, A RADIAL LINE TO SAID POINT BEARS NORTH 56°04'40" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 50°59'35" WEST, AND ALONG SAID SOUTHERLY LINE A DISTANCE OF 6.26 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 61.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 50°59'35" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23°44'27", AN ARC DISTANCE OF 25.28 FEET TO THE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 211 SQUARE FEET OR 0.005 ACRES, MORE OR LESS. (End of Legal Description) Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 9 of 12 AMERICAN LAND TITLE ASSOCIATION ALTA OWNERS POLICY SCHEDULE B ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 164240-3 Policy No.: ProForma EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: Taxes: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2019 - 2020. B. A Notice of Special Tax Authorization affecting said property, subject to all terms, provisions and conditions therein, was recorded January 24, 2006 as Instrument No. of Official Records. C. Any assessments which may be levied against the herein described property by virtue of the fact that said land lies within the boundaries of the City of Palm Desert Energy Independence Program as disclosed by an assessment diagram recorded October 17, 2008, as Instrument No. 08-558056 of Official Records. D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. E. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. Exceptions: 1. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 2. A road easement as disclosed on that certain survey on file in Book 27 page 56 of Records of Survey. 3. An easement for telephone lines and rights incidental thereto in favor of Pacific Telephone and Telegraph Company, a corporation, and for telephone, telegraph, pipelines and drilling operations and rights incidental thereto in favor of Southern Pacific Railroad Company, as set forth in a document recorded January 23, 1912, in Book 344, Page 227, as Instrument No. 10 of Deeds. 4. An instrument declaring said land to be within the City of Palm Desert Redevelopment Project, recorded August 5, 1987 as Instrument No. 87-225870 of Official Records. 5. The effect of Resolution No. 2003-49, executed by the Board of Directors of the Coachella Valley Water District, recorded August 6, 2003 as Instrument No. 03-597460 of Official Records of Riverside County, California. 6. Easements as shown and/or dedicated upon the recorded map referenced in the legal description in Schedule A, together with any provisions and recitals contained therein. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 10 of 12 AMERICAN! LAND TITLE ASSOCIATION ALTA OWNERS POLICY SCHEDULE B ISSUED BY STEWART TITLE GUARANTY COMPANY Reference is hereby made to the record for full and further particulars. 7. An agreement to which reference is made for full particulars by and between Desert Wells 237, LLC, a California Limited Liability Company and the University Village Partnership, a California General Partnership, recorded February 3, 2005 as Instrument No. '5-96152 of Official Records. 8. An agreement to which reference is made for full particulars by and between Desert Wells 237, LLC, a California Limited Liability Company and Shaw/Palm Desert I, LLC, a California Limited Liability Company, recorded February 3, 2005 as Instrument No.05-96143 of Official Records. 9. An agreement to which reference is made for full particulars by and between the Coachella Valley Water District and Palm Desert Funding Co. LLP, recorded March 21, 2006 as Instrument No. 199930 of Official Records. 10 An easement for ingress and egress and rights incidental thereto in favor of the City of Palm Desert as set forth in a document recorded December 29, 2006 as Instrument No. 06-951881 and 06-951882 both of Official Records. Said easement is shown on the Survey. 11. An easement for ingress and egress and rights incidental thereto in favor of City of Palm Desert, a municipal corporation, as set forth in a document recorded December 29, 2006 as Instrument No. 951884 of Official Records. 12. An agreement to which reference is made for full particulars by and between City of Palm Desert and Palm Desert Funding Company, L.P., a Delaware Limited Partnership, recorded April 2, 2007 as Instrument No.07-221432 of Official Records. An agreement to which reference is made for full particulars by and between City of Palm Desert and Palm Desert Funding Company, L.P., a Delaware limited partnership, recorded October 17, 2008 as Instrument No. 08-559022 of Official Records. 13. An easement for public utilities and rights incidental thereto in favor of Southern California Edison Company, a Corporation, its successors and assigns as set forth in a document recorded April 26, 2007 as Instrument No. 07-282238 of Official Records. Said easement is shown on the Survey. 14. A Right of Way Dedication to the City of Palm Desert, recorded September 4, 2013 as Instrument No. 13-433725 of Official Records. Said easement is shown on the Survey. 15. A Temporary Construction Easement in favor of Coachella Valley Water District, recorded December 5, 2008 as Instrument No. 08-640596 of Official Records. 16. Any rights, easements, interests or claims, which may exist by reason of or reflected by the following facts shown on the survey dated June 26, 2017 by Michael Baker International, identified as Job No. 153513. 1. The fact that various encroachments adjacent to the boundary lines of said land, consisting of; Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 11 of 12 AMERICAN LAND TITLE ASSOCIATION ALTA OWNERS POLICY SCHEDULE B ISSUED BY STEWART TITLE GUARANTY COMPANY Sidewalks, conduits, lights, fire hydrant, telephone manholes, water valves, guy cables, guy wires, electric cabinets and transformers, guardrail barriers, monuments signs, drywell, curbs, gutters, walls and fences. 2. The fact that various landlocked parcels defined as N.A.P. which would require access over said land. 17. Terms and provisions contained in that certain Covenant and Agreement executed by WSI Mojave Investments, LLC, recorded August 4, 2017 as Instrument No. 17-320977 of Official Records. 18. Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation, please contact your title officer immediately for further review. 19. This Company will require the following documents in order to insure a conveyance or encumbrance by the foreign liability company named below: Limited liability company: University Park Investor, LLC a. Evidence that the limited liability company was duly formed in its home state, is in good standing and its right to do business has not been suspended for any reason. b. Original certified copies of the filed limited liability company application for registration (LLC-5) and any amendment (LLC-6) to be recorded in the appropriate county. c. A copy of the operating agreement and any amendment thereto. 20. Rights or claims of parties in possession and easements or claims of easements not shown by the public records, boundary line disputes overlaps, encroachments, and any matters not of record, which would be disclosed by an accurate survey, and inspection of the land. 21. Rights of tenants in possession as tenants only under unrecorded leases. (End of Exceptions) Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 164240-3 ALTA Owner's Policy 6-17-06 Policy Serial No.: ProForma Page 12 of 12 AMERICAN LAND T!TLL ASSOCIATION EXHIBIT "D" UPI Property Pro Forma Title Report (Attached hereto and made part hereof) 72500.00898\31910851. 4 This is a ProForma Policy, which provides no insurance coverage, furnished to or on behalf of the proposed insured. This ProForma does not reflect the present status or condition of title and is not a commitment to insure the estate or interest or to provide any affirmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the appropriate forms of the Company. This ProForma Policy solely indicates the form and content of the Policy which the Company may issue if all necessary documents are furnished, all acts are performed, and all requirements set forth in the title commitment coverin this roperty (or that may be required by underwriting) are met to the satisfaction of the Company. stewart it in CLTA STANDARD COVERAGE POLICY ISSUED BY STEWART TITLE GUARANTY COMPANY A CORPORATION, HEREIN CALLED THE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Authorized Countersignature Stewart Title of California, Inc. 11870 Pierce Street, Ste 100 Riverside, CA 92505 Agent ID: 05060A Matt Morris President and CEO Sec reta ry For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com. To make a claim, furnish written notice in accordance with Section 3 of the Conditions. For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 2922 CLTA Standard Coverage Policy (Owners) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 1 of 19 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees are expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes: (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (iv) Subject to any rights or defenses the Company would have had against the named insured, (A) the spouse of an insured who receives title to the land because of dissolution of marriage, (B) the trustee or successor trustee of a trust or any estate planning entity created for the insured to whom or to which the insured transfers title to the land after the Date of Policy or (C) the beneficiaries of such a trust upon the death of the insured. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 2922 CLTA Standard Coverage Policy (Owners) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 2 of 19 (f) "land": the land described or referred to in Schedule [A] [C], and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule [A] [C], nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustees sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly -owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) The amount paid by an governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. Notice of Claim to be Given by Insured Claimant. An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgement or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 2922 CLTA Standard Coverage Policy (Owners) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 3 of 19 requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owning thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination and Extent of Liability. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 2922 CLTA Standard Coverage Policy (Owners) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 4 of 19 (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. Reduction of Insurance; Reduction or Termination of Liability. (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 2922 CLTA Standard Coverage Policy (Owners) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 5 of 19 insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029, and identify this policy by its printed policy serial number which appears on the bottom of the front of the first page of this policy © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 2922 CLTA Standard Coverage Policy (Owners) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 6 of 19 This is a ProForma Policy, which provides no insurance coverage, furnished to or on behalf of the proposed insured. This ProForma does not reflect the present status or condition of title and is not a commitment to insure the estate or interest or to provide any affirmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the appropriate forms of the Company. This ProForma Policy solely indicates the form and content of the Policy which the Company may issue if all necessary documents are furnished, all acts are performed, and all requirements set forth in the title commitment covering this property (or that may be required by underwriting) are met to the satisfaction of the Company. CLTA STANDARD COVERAGE POLICY SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 164240-2 Amount of Insurance: ($TBD) Premium: ($TBD) Date of Policy: TBD 1. Name of Insured: The City of Palm Desert, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: FEE Policy No.: ProForma 3. Title to the estate or interest in the land is vested in: The City of Palm Desert, a municipal corporation 4. The Land referred to in this policy is described as follows: See Exhibit "A" Attached Hereto © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 7 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 164240-2 Policy No.: ProForma The land referred to herein is situated in the State of California, County of Riverside, City of Palm Desert and described as follows: PARK "A" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT "PP", OF TRACT MAP NO. 37506-1, AS SHOWN BY MAP ON FILE IN BOOK OF MAPS, AT PAGES THROUGH _, INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. PARK "B" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT "X", OF TRACT MAP NO. 37506-1, AS SHOWN BY MAP ON FILE IN BOOK OF MAPS, AT PAGES THROUGH _ INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. (NOTE: REFER TO RECORD TR. 37506-1 FOR DEPICTION OF PARK "A" AND PARK "B") PARK "C" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCELS 4 AND 5, OF PARCEL MAP NO. 31730 AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, AND THAT PORTION OF THE LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 29, 2006 AS DOCUMENT NO. 2006-0951883, OFFICIAL RECORDS, OF SAID RIVERSIDE COUNTY, ALL LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT MOST EASTERLY CORNER OF SAID PARCEL 5; THENCE NORTH 68°24'41" WEST, A DISTANCE OF 175.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 04°25'25" WEST, A DISTANCE OF 88.70 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; THENCE SOUTH 85°34'35" WEST, A DISTANCE OF 31.23 FEET; THENCE NORTH 62°37'54" WEST, A DISTANCE OF 165.00 FEET; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 8 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY THENCE NORTH 50°15'32" WEST, A DISTANCE OF 31.76 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°40'44", AN ARC DISTANCE OF 19.55 FEET; THENCE SOUTH 55°03'44" WEST, A DISTANCE OF 78.40 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 172.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 55°03'44" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°22'18", AN ARC DISTANCE OF 34.14 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 66°26'02" WEST; THENCE NON -TANGENT TO SAID CURVE NORTH 66°26'02" EAST, A DISTANCE OF 78.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°29'38", AN ARC DISTANCE OF 19.50 FEET; THENCE NORTH 08°03'36" WEST, A DISTANCE OF 37.50 FEET; THENCE NORTH 00°03'53" WEST, A DISTANCE OF 110.00 FEET; THENCE NORTH 25°07'23" EAST, A DISTANCE OF 36.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; THENCE NORTH 64°52'37" WEST, A DISTANCE OF 84.82 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 70°23'15" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°39'51", AN ARC DISTANCE OF 24.26 FEET; THENCE SOUTH 67°43'24" EAST, A DISTANCE OF 10.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 487.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 68°14'14", AN ARC DISTANCE OF 580.00 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 89°29'10" EAST; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 9 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 88°28'16", AN ARC DISTANCE OF 23.16 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD CONTAINING 54,401 SQUARE FEET OR 1.249 ACRES, MORE OR LESS. PARK "D" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 9, OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, AS ADJUSTED BY CERTIFICATE OF COMPLIANCE NO. 05-01, RECORDED AUGUST 24, 2005, AS DOCUMENT NO. 2005-0696754, OFFICIAL RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE SOUTH 37°20'49" EAST, A DISTANCE OF 537.35 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 379.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 29°15'38" EAST, AND THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°48'57", AN ARC DISTANCE OF 38.47 FEET; THENCE NORTH 54°55'25" EAST, A DISTANCE OF 61.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 15.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53°38'58", AN ARC DISTANCE OF 14.05 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18°34'23" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 54°55'25" WEST, A DISTANCE OF 82.08 FEET; THENCE SOUTH 35°04'35" EAST, A DISTANCE OF 62.13 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°47'25", AN ARC DISTANCE OF 91.18 FEET; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 10 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY THENCE SOUTH 61 °52'00" EAST, A DISTANCE OF 58.80 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1038.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 65°31'59" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°23'39", AN ARC DISTANCE OF 115.84 FEET; THENCE SOUTH 18°04'23" WEST, A DISTANCE OF 36.67 FEET; THENCE SOUTH 63°58'57" WEST, A DISTANCE OF 7.18 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1038.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 19°53'31" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°38'40", AN ARC DISTANCE OF 102.26 FEET; THENCE NORTH 75°45'09" WEST, A DISTANCE OF 314.02 FEET; THENCE NORTH 01°23'06" EAST, A DISTANCE OF 14.67 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°14'21" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°08'40", AN ARC DISTANCE OF 316.05 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°54'19" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 95°21'19", AN ARC DISTANCE OF 24.96 FEET; THENCE NORTH 29°15'38" WEST, A DISTANCE OF 75.93 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 49,343 SQUARE FEET OR 1.133 ACRES, MORE OR LESS. PARK "E" © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 11 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 9, OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, AS ADJUSTED BY CERTIFICATE OF COMPLIANCE NO. 05-01, RECORDED AUGUST 24, 2005, AS DOCUMENT NO. 2005-0696754, OFFICIAL RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE SOUTH 05°06'22" WEST, A DISTANCE OF 637.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 14°14'51" WEST, A DISTANCE OF 225.00 FEET; THENCE NORTH 75°45'09" WEST, A DISTANCE OF 92.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1033.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°48'48", AN ARC DISTANCE OF 32.69 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°03'39" WEST; THENCE NON -TANGENT TO SAID CURVE NORTH 16°03'39" EAST, A DISTANCE OF 225.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 808.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°03'39" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°48'48", AN ARC DISTANCE OF 25.57 FEET; THENCE SOUTH 75°45'09" EAST, A DISTANCE OF 92.83 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 27,441 SQUARE FEET OR 0.630 ACRES, MORE OR LESS. PARK "G" © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 12 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCELS 5 AND 6, OF PARCEL MAP NO. 31730 AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE NORTH 33°31'59" EAST, A DISTANCE OF 91.07 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3165.00 FEET, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID PACIFIC AVENUE, AND BEING THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS SOUTH 81°52'45" EAST; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°35'03", AN ARC DISTANCE OF 418.95 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 89°27'48" EAST; THENCE NON -TANGENT TO SAID CURVE NORTH 10°08'11" EAST, A DISTANCE OF 91.33 FEET; THENCE NORTH 00°03'53" WEST, A DISTANCE OF 118.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; THENCE NORTH 89°56'07" EAST, A DISTANCE OF 80.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; THENCE SOUTH 00°03'53" EAST, A DISTANCE OF 333.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 328.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 47°23'22", AN ARC DISTANCE OF 271.29 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 42°32'45" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 27°22'06" WEST, A DISTANCE OF 159.66 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1335.00 FEET, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 17°53'28" EAST; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 13 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°49'51", AN ARC DISTANCE OF 159.16 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 11°03'37" WEST; THENCE CONTINUING ALONG THE NORTHERLY RIGHT-OF-WAY LINE AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 87°03'38", AN ARC DISTANCE OF 69.90 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 109,576 SQUARE FEET OR 2.516 ACRES, MORE OR LESS. PARK "H" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCELS 5 AND 6, OF PARCEL MAP NO. 31730 AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE NORTH 45°15'49" EAST, A DISTANCE OF 393.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 70°31'05" EAST, A DISTANCE OF 72.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 63°39'55", AN ARC DISTANCE OF 22.22 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 83°08'50" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 83°08'50" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 63°38'12" EAST, A DISTANCE OF 128.67 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 228.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°17'17" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°55'16", AN ARC DISTANCE OF 19.58 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 62°22'01" WEST; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 14 of 19 CLTA STANDARD COVERAGE POLICY EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY THENCE NON -TANGENT TO SAID CURVE SOUTH 53°23'17" WEST, A DISTANCE OF 136.77 FEET; THENCE SOUTH 19°05'40" WEST, A DISTANCE OF 21.41 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 03°22'21" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°45'34", AN ARC DISTANCE OF 13.88 FEET; THENCE SOUTH 53°36'47" WEST, A DISTANCE OF 72.10 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 272.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°36'47" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°54'18", AN ARC DISTANCE OF 80.25 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD CONTAINING 11,144 SQUARE FEET OR 0.256 ACRES, MORE OR LESS. APN: 694-190-053, 694-200-013, 694-200-014, 694-190-079, 694-190-072, 694-190-070, 694-190-010, 694-190-037, 694-190-055, 694-190-031 (End of Legal Description) © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 15 of 19 CLTA STANDARD COVERAGE POLICY SCHEDULE B - PART I EXCEPTIONS FROM COVERAGE ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 164240-2 Policy No.: ProForma This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of the taxing authority that levies taxes or assessments on real property or by the public records. Proceeding by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any Tien or right to a lien for services, labor or material not shown by the public records. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 16 of 19 CLTA STANDARD COVERAGE POLICY SCHEDULE B — PART II ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 164240-2 Policy No.: ProForma Taxes: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2019 - 2020. B. A Notice of Special Tax Authorization affecting said property, subject to all terms, provisions and conditions therein, was recorded January 24, 2006as Instrument No. 06-53744 of Official Records. C. Any assessments which may be levied against the herein described property by virtue of the fact that said land lies within the boundaries of the City of Palm Desert Energy Independence Program as disclosed by an assessment diagram recorded October 17, 2008, as Instrument No. 08-558056 of Official Records. D The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. E. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. Exceptions: 1. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 2. A road easement as disclosed on that certain survey on file in r1- u . of Records of Survey. 3. An easement for telephone lines and rights incidental thereto in favor of Pacific Telephone and Telegraph Company, a corporation, and for telephone, telegraph, pipelines and drilling operations and rights incidental thereto in favor of Southern Pacific Railroad Company, as set forth in a document recorded January 23, 1912, in Book 344. Palle 227, as Instrument No. 10 of Deeds. 4. An instrument declaring said land to be within the City of Palm Desert Redevelopment Project, recorded August 5, 1987 as Instrument No. 87-225870 of Official Records. 5. The effect of Resolution No. 2003-49, executed by the Board of Directors of the Coachella Valley Water District, recorded August 6, 2003 as Instrument No. 03-597460 of Official Records of Riverside County, California. 6. Easements as shown and/or dedicated upon the recorded map referenced in the legal description in Schedule A, together with any provisions and recitals contained therein. Reference is hereby made to the record for full and further particulars. 7. An agreement to which reference is made for full particulars by and between Desert Wells 237, LLC, a California Limited Liability Company and the University Village Partnership, a California General Partnership, recorded February 3, 2005 as Instrument No. 05-9615? of Official Records. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 17 of 19 CLTA STANDARD COVERAGE POLICY SCHEDULE B — PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 8. An agreement to which reference is made for full particulars by and between Desert Wells 237, LLC, a California Limited Liability Company and Shaw/Palm Desert I, LLC, a California Limited Liability Company, recorded February 3, 2005 as Instrument No.05-96143 of Official Records. 9. An agreement to which reference is made for full particulars by and between the Coachella Valley Water District and Palm Desert Funding Co. LLP, recorded March 21, 2006 as Instrument No. uo- 199930 of Official Records. 10. An easement for ingress and egress and rights incidental thereto in favor of the City of Palm Desert as set forth in a document recorded December 29, 2006 as Instrument No. 06-951881 and 06-951882 both of Official Records. Said easement is shown on the Survey. 11. An easement for ingress and egress and rights incidental thereto in favor of City of Palm Desert, a municipal corporation, as set forth in a document recorded December 29, 2006 as Instrument No. 951884 of Official Records. 12. An agreement to which reference is made for full particulars by and between City of Palm Desert and Palm Desert Funding Company, L.P., a Delaware Limited Partnership, recorded April 2, 2007 as Instrument No.07-221432 of Official Records. An agreement to which reference is made for full particulars by and between City of Palm Desert and Palm Desert Funding Company, L.P., a Delaware limited partnership, recorded October 17, 2008 as Instrument No. 08-559022 of Official Records. 13. An easement for public utilities and rights incidental thereto in favor of Southern California Edison Company, a Corporation, its successors and assigns as set forth in a document recorded April 26, 2007 as Instrument No. 07-282238 of Official Records. Said easement is shown on the Survey. 14. A Right of Way Dedication to the City of Palm Desert, recorded September 4, 2013 as Instrument No. 13-433725 of Official Records. Said easement is shown on the Survey. 15. A Temporary Construction Easement in favor of Coachella Valley Water District, recorded December 5, 2008 as Instrument No. 08-640596 of Official Records. 16. Any rights, easements, interests or claims, which may exist by reason of or reflected by the following facts shown on the survey dated June 26, 2017 by Michael Baker International, identified as Job No. 153513. 1. The fact that various encroachments adjacent to the boundary lines of said land, consisting of; Sidewalks, conduits, lights, fire hydrant, telephone manholes, water valves, guy cables, guy wires, electric cabinets and transformers, guardrail barriers, monuments signs, drywell, curbs, gutters, walls and fences. 2. The fact that various landlocked parcels defined as N.A.P. which would require access over said land. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) 1990 (4-8-2014) Policy Serial No.: ProForma Page 18 of 19 CLTA STANDARD COVERAGE POLICY SCHEDULE B - PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 17. Terms and provisions contained in that certain Covenant and Agreement executed by WSJ Mojave Investments, LLC, recorded August 4, 2017 as Instrument No. 17-320977 of Official Records. 18. Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation, please contact your title officer immediately for further review. 19. This Company will require the following documents in order to insure a conveyance or encumbrance by the foreign liability company named below: Limited liability company: University Park Investor, LLC a. Evidence that the limited liability company was duly formed in its home state, is in good standing and its right to do business has not been suspended for any reason. b. Original certified copies of the filed limited liability company application for registration (LLC-5) and any amendment (LLC-6) to be recorded in the appropriate county. c. A copy of the operating agreement and any amendment thereto. 20 Rights or claims of parties in possession and easements or claims of easements not shown by the public records, boundary line disputes overlaps, encroachments, and any matters not of record, which would be disclosed by an accurate survey, and inspection of the land. 21. Rights of tenants in possession as tenants only under unrecorded leases. (End of Exceptions) © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. File No: 164240-2 CLTA Standard Coverage Policy (Owner) - 1990 (4-8-2014) Policy Serial No.: ProForma Page 19 of 19 EXHIBIT "E" UPI Grant Deed EXHIBIT "E" 72500.00898\31910851.4 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Name: CITY OF PALM DESERT Street Address: 73-510 FRED WARING DRIVE City: PALM DESERT State & Zip: CA 92260 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Grantor declares that the Documentary Transfer Tax is $ 0. APN: Portions of 694-190-010, 694-190-035, 694-190-037, 694-190-038, 694-190-053, 694-190-055, 694-190-070, 694-190-072 & 694-190-079 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, UNIVERSITY PARK INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY Hereby GRANT(s) to: CITY OF PALM DESERT, A CALIFORNIA MUNICIPAL CORPORATION SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. UNIVERSITY PARK INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: ITS: EXHIBIT "A" LEGAL DESCRIPTION PARK "A" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT "PP", OF TRACT MAP NO. 37506-1, AS SHOWN BY MAP ON FILE IN BOOK OF MAPS, AT PAGES THROUGH , INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. PARK "B" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT "X", OF TRACT MAP NO. 37506-1, AS SHOWN BY MAP ON FILE IN BOOK OF MAPS, AT PAGES THROUGH , INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. (NOTE: REFER TO RECORD TR. 37506-1 FOR DEPICTION OF PARK "A" AND PARK "B") PAGE 1 OF 10 EXHIBIT "A" LEGAL DESCRIPTION PARK "C" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCELS 4 AND 5, OF PARCEL MAP NO. 31730 AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, AND THAT PORTION OF THE LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 29, 2006 AS DOCUMENT NO. 2006-0951883, OFFICIAL RECORDS, OF SAID RIVERSIDE COUNTY, ALL LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT MOST EASTERLY CORNER OF SAID PARCEL 5; THENCE NORTH 68°24'41" WEST, A DISTANCE OF 175.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 04°25'25" WEST, A DISTANCE OF 88.70 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; THENCE SOUTH 85°34'35" WEST, A DISTANCE OF 31.23 FEET; THENCE NORTH 62°37'54" WEST, A DISTANCE OF 165.00 FEET; THENCE NORTH 50°15'32" WEST, A DISTANCE OF 31.76 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°40'44", AN ARC DISTANCE OF 19.55 FEET; THENCE SOUTH 55°03'44" WEST, A DISTANCE OF 78.40 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 172.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 55°03'44" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°22'18", AN ARC DISTANCE OF 34.14 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 66°26'02" WEST; PAGE 2 OF 10 EXHIBIT "A" LEGAL DESCRIPTION THENCE NON -TANGENT TO SAID CURVE NORTH 66°26'02" EAST, A DISTANCE OF 78.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°29'38", AN ARC DISTANCE OF 19.50 FEET; THENCE NORTH 08°03'36" WEST, A DISTANCE OF 37.50 FEET; THENCE NORTH 00°03'53" WEST, A DISTANCE OF 110.00 FEET; THENCE NORTH 25°07'23" EAST, A DISTANCE OF 36.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; THENCE NORTH 64°52'37" WEST, A DISTANCE OF 84.82 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 70°23'15" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°39'51", AN ARC DISTANCE OF 24.26 FEET; THENCE SOUTH 67°43'24" EAST, A DISTANCE OF 10.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 487.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 68°14'14", AN ARC DISTANCE OF 580.00 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 89°29'10" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 88°28'16", AN ARC DISTANCE OF 23.16 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 54,401 SQUARE FEET OR 1.249 ACRES MORE OR LESS. PAGE 3 OF 10 EXHIBIT "A" LEGAL DESCRIPTION PARK "D" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 9, OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, AS ADJUSTED BY CERTIFICATE OF COMPLIANCE NO. 05-01, RECORDED AUGUST 24, 2005, AS DOCUMENT NO. 2005- 0696754, OFFICIAL RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE SOUTH 37°20'49" EAST, A DISTANCE OF 537.35 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 379.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 29°15'38" EAST, AND THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°48'57", AN ARC DISTANCE OF 38.47 FEET; THENCE NORTH 54°55'25" EAST, A DISTANCE OF 61.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 15.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53°38'58", AN ARC DISTANCE OF 14.05 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18°34'23" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 54°55'25" WEST, A DISTANCE OF 82.08 FEET; THENCE SOUTH 35°04'35" EAST, A DISTANCE OF 62.13 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°47'25", AN ARC DISTANCE OF 91.18 FEET; PAGE 4 OF 10 EXHIBIT "A" LEGAL DESCRIPTION THENCE SOUTH 61°52'00" EAST, A DISTANCE OF 58.80 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1038.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 65°31'59" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°23'39", AN ARC DISTANCE OF 115.84 FEET; THENCE SOUTH 18°04'23" WEST, A DISTANCE OF 36.67 FEET; THENCE SOUTH 63°58'57" WEST, A DISTANCE OF 7.18 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1038.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 19°53'31" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°38'40", AN ARC DISTANCE OF 102.26 FEET; THENCE NORTH 75°45'09" WEST, A DISTANCE OF 314.02 FEET; THENCE NORTH 01°23'06" EAST, A DISTANCE OF 14.67 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°14'21" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°08'40", AN ARC DISTANCE OF 316.05 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°54'19" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 95°21'19", AN ARC DISTANCE OF 24.96 FEET; THENCE NORTH 29°15'38" WEST, A DISTANCE OF 75.93 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 49,343 SQUARE FEET OR 1.133 ACRES MORE OR LESS. PAGE 5 OF 10 EXHIBIT "A" LEGAL DESCRIPTION PARK "E" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 9, OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, AS ADJUSTED BY CERTIFICATE OF COMPLIANCE NO. 05-01, RECORDED AUGUST 24, 2005, AS DOCUMENT NO. 2005- 0696754, OFFICIAL RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE SOUTH 05°06'22" WEST, A DISTANCE OF 637.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 14°14'51" WEST, A DISTANCE OF 225.00 FEET; THENCE NORTH 75°45'09" WEST, A DISTANCE OF 92.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1033.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°48'48", AN ARC DISTANCE OF 32.69 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°03'39" WEST; THENCE NON -TANGENT TO SAID CURVE NORTH 16°03'39" EAST, A DISTANCE OF 225.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 808.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°03'39" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°48'48", AN ARC DISTANCE OF 25.57 FEET; THENCE SOUTH 75°45'09" EAST, A DISTANCE OF 92.83 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 27,441 SQUARE FEET OR 0.630 ACRES MORE OR LESS. PAGE 6 OF 10 EXHIBIT "A" LEGAL DESCRIPTION PARK "G" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCELS 5 AND 6, OF PARCEL MAP NO. 31730 AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE NORTH 33°31'59" EAST, A DISTANCE OF 91.07 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3165.00 FEET, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID PACIFIC AVENUE, AND BEING THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS SOUTH 81°52'45" EAST; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°35'03", AN ARC DISTANCE OF 418.95 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 89°27'48" EAST; THENCE NON -TANGENT TO SAID CURVE NORTH 10°08'11" EAST, A DISTANCE OF 91.33 FEET; THENCE NORTH 00°03'53" WEST, A DISTANCE OF 118.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; THENCE NORTH 89°56'07" EAST, A DISTANCE OF 80.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 23.56 FEET; PAGE 7 OF 10 EXHIBIT "A" LEGAL DESCRIPTION THENCE SOUTH 00°03'53" EAST, A DISTANCE OF 333.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 328.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 47°23'22", AN ARC DISTANCE OF 271.29 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 42°32'45" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 27°22'06" WEST, A DISTANCE OF 159.66 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1335.00 FEET, SAID POINT ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 17°53'28" EAST; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°49'51", AN ARC DISTANCE OF 159.16 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 11°03'37" WEST; THENCE CONTINUING ALONG THE NORTHERLY RIGHT-OF-WAY LINE AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 87°03'38", AN ARC DISTANCE OF 69.90 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 109,576 SQUARE FEET OR 2.516 ACRES, MORE OR LESS. PAGE 8 OF 10 EXHIBIT "A" LEGAL DESCRIPTION PARK "H" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCELS 5 AND 6, OF PARCEL MAP NO. 31730 AS SHOWN BY MAP ON FILE IN BOOK 211 OF PARCEL MAPS, AT PAGES 63 THROUGH 75, INCLUSIVE, RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PACIFIC AVENUE AND COLLEGE DRIVE AS SHOWN ON SAID PARCEL MAP 31730, SAID POINT ALSO BEING ON A CURVE IN COLLEGE DRIVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07°29'27" EAST; THENCE NORTH 45°15'49" EAST, A DISTANCE OF 393.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 70°31'05" EAST, A DISTANCE OF 72.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 63°39'55", AN ARC DISTANCE OF 22.22 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 83°08'50" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 83°08'50" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 63°38'12" EAST, A DISTANCE OF 128.67 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 228.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°17'17" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°55'16", AN ARC DISTANCE OF 19.58 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 62°22'01" WEST; THENCE NON -TANGENT TO SAID CURVE SOUTH 53°23'17" WEST, A DISTANCE OF 136.77 FEET; THENCE SOUTH 19°05'40" WEST, A DISTANCE OF 21.41 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 03°22'21" EAST; PAGE 9 OF 10 EXHIBIT "A" LEGAL DESCRIPTION THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°45'34", AN ARC DISTANCE OF 13.88 FEET; THENCE SOUTH 53°36'47" WEST, A DISTANCE OF 72.10 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 272.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°36'47" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°54'18", AN ARC DISTANCE OF 80.25 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 11,144 SQUARE FEET OR 0.256 ACRES MORE OR LESS. ALL AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: /41.4det, CHARLES R. HARRIS P.L.S. 4989 DATED: 6/ s-�/9 PAGE 10 OF 10 I PARK "A" EXHIBIT "B" PARKS EXHIBIT- TR. 37506 POR. OF SEC. 33, T. 4 S., R. 6 E., S.B.M. GERALD FORD DRIVE hlhlh1hJi_i7h111'cc() �\ TR. 37506-1 '' �; `` •� °�� TR. 37506-2\ a r.. v PARK PARK "B" (LOT "X") %i V PARK " PARK "E" I .PARK "H PARK "G" TR. 37506-3 FRANK SINATRA DRIVE DATED: O/Zs--/! NOTE: PARK "F" IS A PRIVATE PARK AND NOT A PART OF THIS AGREEMENT N N, 0' N 800' N N 0 0 1 600' t SCALE 1"=800' MSA CONSULTING, INC. (rip PLANNING • CIVIL ENGINEERING LAND SURVEYING J.N. 2497 SHEET 1 OF 6 EXHIBIT "B" PARCEL 4 PARK "C" PMB 211/63-75 APN 694-190-055 S 67'43'24" E G5 N 70'23' 15" W (R) PARCEL 5 PMB 211/63-75 APN 694-190-037 A=11.22' 18" R=172.00' L=34.14' 10.47' 9 C4 JtD CURVE DATA NO. DELTA RADIUS LENGTH C1 90'00'00" 15.00' C2 74'40'44" 15.00' C3 74'29'38" 15.00' C4 90'00'00" 15.00' C5 92'39'51" 15.00' C6 88'28'16" 15.00' LINE DATA NO. BEARING LENGTH L1 N 04'25'25" W 88.70' L2 S 85'34'35" W 31.23' L3 N 50'15'32" W 31.76' L4 S 55'03'44" W 78.40' (R) L5 N 66'26'02" E 78.60' R)) L6 N 08'03'36" W 37.50' L7 N 00'03'53" W 110.00' L8 N 25'07'23" E 36.52' L9 N 64'52'37" W 84.82' 23.56' 19.55' 19.50' 23.56' 24.26' 23.16' DOC. NO. 0951883 REC. 12/29/2006, O.R. APN 694-190-038 \ y d2.1 PARK 'C' \O. 54,401 SQ. FT. 1.249 AC. co\ \ S 01'00'54" E (R) T.P.O.B. PARK "C" SE'LY LINE PAR. 5 o' PARCEL 4 S 89'29'10".E (R) C6 \ 100' / P.O.C. MOST E'LY COR. PAR. 5 IM N —� SCALE 1"=100' 200'41 qi MSA CONSULTING, INC. PLANNING • CIVIL ENGINEERING LAND SURVEYING J.N. 2497 SHEET 2 OF 6 P.O.C. C/L INT-X PACIFIC AVE. AND COLLEGE DR. N 07729'27" (R) --N____ \ _ CO, %C AN ��Ri frE N'LY LINE -/I \ + PAR. 9 ,�O \ 1 s 0. F` X N 1834'23" E (R) ,:zv- . S 29'15'38" E r1 (R) PMBP 21 1 /63 75 T.P.O.B. �`� n=26'47'25" ADJUSTED BY COC NO. 05-01 PARK "D" R=195.00' REC. 8/24/05, AS S 23'54'19" E L=91.18' DOC. NO. 2005-0696754, O.R. (R) APN 694-190-053 EXHIBIT "B" PARK "D" S 00'14'21" W (R) n=24'08'40" R�750. 5'4 4.0 CURVE DATA NO. DELTA RADIUS LENGTH C1 05'48'57" 379.00' 38.47' C2 53'38'58" 15.00' 14.05' C3 06'23'39" 1038.00' 115.84' C4 05'38'40" 1038.00' 102.26' C5 95'21'19" 15.00' 24.96'I LINE DATA NO. BEARING LENGTH L1 N 54'55'25" E 61.87' L2 S 54'55'25" W 82.08' L3 S 35'04'35" E 62.13' L4 S 61'52'00" E 58.80' L5 S 18'04'23" W 36.67' L6 S 63'58'57" W 7.18' L7 N 01'23'06" E 14.67' L8 N 29'15'38" W 75.93' N 65'31'59" W (R) C4 N 19'53'31" E (R) J '5, 0' 100' SCALE 1 "=100' qi MSA CONSULTING, INC. PLANNING • CIVIL ENGINEERING LAND SURVEYING J.N. 2497 l 200' SHEET 3 OF 6 NO. C1 I C2 EXHIBIT "B" PARK "E" P.O.C. C/L INT—X PACIFIC AVE. AND COLLEGE DR. N 0729'27" E (R) N'LY LINE PAR. 9 CURVE DATA DELTA RADIUS I LENGTH 1 01'48'48" 1033.00'1 32.69'I 01'48'48" 808.00' 25.57'I LINE DATA NO. BEARING LENGTH L1 S 05'06'22" W 637.33' L2 N 75'45'09" W 92.83' L3 S 75'45'09" E 92.83' T.P.O.B. PARK "E" PARCEL 9 PMB 211/63-75 ADJUSTED BY COC NO. 05-01 REC. 8/24/05, AS DOC. NO. 2005-0696754, O.R. APN 694-190-053 0' 100' SCALE 1"=100' qi MSA CONSULTING, INC. PLANNING • CIVIL ENGINEERING LAND SURVEYING 200' J.N. 2497 SHEET 4 OF 6a P.O.C. - C/L INT-X PACIFIC AVE. AND COLLEGE DR. 38' L4 M J EXHIBIT "B" PARK "G" '� S 89'27'48" E (R) E'LY R/W LINE N 81'52'45" W (R) T.P.O.B. PARK "G" lo co M S 00'03'53" E S 42'32'45" W (R) S 11'03'37" W (R) N'LY R/W LINE C5 N(R) 07'29'27" E��`FGE OR/VE CURVE DATA NO. DELTA RADIUS LENGTH C1 0T35'03" 3165.00' 418.95' C2 90'00'00" 15.00' 23.56' C3 90'00'00" 15.00' 23.56' C4 4723'22" 328.00' 271.29' C5 06'49'51 " 1335.00' 159.16' C6 87'03'38" 46.00' 69.90' N 17'53'28" E (R) LINE DATA NO. BEARING LENGTH L1 N 33'31'59" E 91.07' L2 N 10'08'11" E 91.33' L3 N 00'03'53" W 118.06' L4 N 89'56'07" E 80.00' L5 S 2722'06" W 159.66' 0 m— ro ro o co a) 0 ^� allo, o m c Z as 0' 100' 200' SCALE 1 "=100' 4 MSA CONSULTING, INC. _PLANNING • CIVIL ENGINEERING LAND SURVEYING J.N. 2497 SHEET 5 OF 6 J P.O.C. C/L INT-X PACIFIC AVE. AND COLLEGE DR. i F/ N( '29'27"- COZz aR\ EXHIBIT "B" PARK "H" PARCEL 5 PMB 211/63-75 APN 694-190-037 N 83'08'50" W (R) T.P.O.B. PARK "H" S 70'31'05" W / S 67'17'17" W (R) N 03'22'21" E (R) / ` (� O / \6 k1 ��/ PARK `H• ^D,A yo,/ 11,144 SQ. FT. QQ ra� 0.256 AC. ��� �,1 QP��O � Q S 62'22'01" W (R) PARCEL 6 PMB 211/63-75 APN 694-190-010 CURVE DATA NO. DELTA RADIUS I LENGTH C1 63'39'55" 20.00' 22.22' C2 04'55'16" 228.00' 19.58' I C3 39'45'34" 20.00' 13.88' I C4 16' 54' 18" 272.00' 80.25' 1 LINE DATA NO. BEARING L1 N 70'31'05" E L2 N 83'08'50" W L3 N 63'38' 12" E L4 S 53'23'17" W L5 S 19'05'40" W L6 S 53'36'47" W LENGTH 72.84' 20.00' 128.67' 136.77' 21.41' 72.10' (R) J.N. 2497 o' 100' 200' IMI SCALE 1"=100' MSA CONSULTING, INC. PLANNING • CIVIL ENGINEERING LAND SURVEYING SHEET 6 OF 6 EXHIBIT "F" Nonforeign Transferor Declaration TRANSFEROR'S CERTIFICATION OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the Property and not the disregarded entity. To inform ("Transferee"), the transferee of that certain real property described in Schedule "1" attached hereto and incorporated herein by this reference, that withholding of tax is not required upon the disposition of the above -referenced real property by , a public agency ("Transferor"), the undersigned hereby certifies the following on behalf of the Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); and 2. Transferor's taxpayer identification number is: ; and 3. Transferor's address is: The Transferor understands that this Certification may be disclosed to the Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. The Transferor understands that the Transferee is relying on this Certification in determining whether withholding is required upon said transfer. 72500.00898\31910851. 4 2 Under penalty of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor. Dated: 72500.00898\31910851. 4 _, 20_ "TRANSFEROR" By: Name: Title: 3 EXHIBIT "G" City Quitclaim Deed 72500.00898\31910851.4 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Name: University Park Investor, LLC Street Address: 3875 Hopyard Road, Suite 180 City: Pleasanton State & Zip: CA 94588 Attn: SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Grantor declares that the Documentary Transfer Tax is $ 0. APN: 694-190-035, 694-190-038, Portion of 694-190-054 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF PALM DESERT, A CALIFORNIA MUNICIPAL CORPORATION Hereby RELEASES AND QUITCLAIMS to: UNIVERSITY PARK INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. CITY OF PALM DESERT, A CALIFORNIA MUNICIPAL CORPORATION BY: ITS: EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM PARK "A" THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED, RECORDED DECEMBER 29, 2006, AS DOCUMENT NO. 2006-0951880, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211, PAGES 63 THROUGH 75, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY OF RIVERSIDE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 2.058 ACRES, MORE OR LESS PAGE 1 OF 4 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM PARK "B" THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED, RECORDED DECEMBER 29, 2006, AS DOCUMENT NO. 2006-0951883, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 4 AND 5, AS SHOWN ON PARCEL MAP NO. 31730 FILED IN BOOK 211, PAGES 63 THROUGH 75, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY OF RIVERSIDE, LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 4.221 ACRES, MORE OR LESS PAGE 2 OF 4 EXHIBIT "A" LEGAL DESCRIPTION PORTION OF DOG PARK QUITCLAIM IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THAT CERTAIN PARCEL, DESCRIBED IN GRANT DEED RECORDED OCTOBER 08, 2008, AS DOCUMENT NO. 2008-544124, OFFICIAL RECORDS LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MOST SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE NORTH 26°59'33" EAST, ALONG THE WESTERLY LINE OF SAID CERTAIN PARCEL A DISTANCE OF 9.72 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 35°43'18" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°21'22", AN ARC DISTANCE OF 28.78 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID CERTAIN PARCEL, A RADIAL LINE TO SAID POINT BEARS NORTH 56°04'40" EAST; THENCE NON -TANGENT TO SAID CURVE SOUTH 50°59'35" WEST, AND ALONG SAID SOUTHERLY LINE A DISTANCE OF 6.26 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 61.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 50°59'35" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23°44'27", AN ARC DISTANCE OF 25.28 FEET TO THE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. CONTAINING 211 SQUARE FEET OR 0.005 ACRES MORE OR LESS. PAGE 3 OF 4 EXHIBIT "A" LEGAL DESCRIPTION AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. �2 CHARLES R. HARRIS P.L.S. 4989 DATED: 6a5i `Z:2J9 PAGE4OF4 EXHIBIT "B" PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR EXISTING PARK SITE "A" QUITCLAIM, PALM DESERT, CA P.O.C. V C/L INT. PACIFIC AVENUE AND GERALD FORD DRIVE 0 0 1 IX 0 0 1 o Q' CURVE DATA NO. DELTA RADIUS LENGTH C1 11'27'48" 96.50' 19.31' C2 89'28'22" 96.50' 150.69' C3 90'00'00" 96.50' 151.58' C4 90'00'00" 96.50' 151.58' C5 78'44'45" 96.50' 132.63' C6 90'12'33" 96.50' 151.93' LINE DATA NO. BEARING LENGTH L1 S 89'56'07" W 38.00' L2 N 00' 12' 33" E 18.54' L3 S 00'00'00" W 18.00' L4 S 89'56'07" W 422.80' L5 S 89'56'07" W 460.80' r 4 N 00'03'53" E 818.14' INDICATES AREA OF PARK QUITCLAIM AS 2.058 AC. rC/L PACIFIC AVENUE 0' 100' 200' SCALE 1"=100' (111 MSA CONSULTING, INC. PLANNING • CIVIL ENGINEERING LAND SURVEYING J.N. 2497 SHEET 1 OF 3 GERALD FORD DRIVE EXHIBIT "B" PLAT TO ACCOMPANY A LEGAL P.O.C. J 0 DESCRIPTION FOR QUITCLAIM OF EXISTING C/L INTERSECTION " PACIFIC AVE AND PARK SITE "B', PALM DESERT, CA GERALD FORD 0DI 54' co N 00'03'53" W 1 T.P.O.\ 1 N 89'56'07" E N 723.29' L3 —` 685.29' CURVE DATA NO. DELTA RADIUS 16'43'22" 196.00'1 C1 C2 C3 C4 C5 C6 C7 C8 90'00'00" 57'35'41" 35'47'59" 89'02'30" 24'59'48" 45'50'39" 52' 34' 01 " 19.50' 246.00' 1 773.00' 1 19.50' 1 281.50' I 196.00' 196.00' co r N N 00'03'53" W 1 LENGTH I 57.21 ' I 30.63' 1 247.28' 482.99' 30.30' 122.81' 156.83' 214.03' LINE DATA NO. BEARING LENGTH Ll N 89'56'07" E 84.37' L2 N 62'37'54" W 1210.53' L3 N 89'56'07" E 138.00' r L1 0.> o 0' INDICATES AREA OF PARK QUITCLAIM AS 4.221 AC. C3 A44i' '17,65 47,q cF c)/7„.-.4/0A N 27'22'05" E (R) 1 00 ' 200' M SCALE 1 "=100' ) qi MSA CONSULTING, INC. PLANNING • CIVIL ENGINEERING LAND SURVEYING J.N. 2497 SHEET 2 OF 3 ` EXHIBIT "B" DOG PARK QUITCLAIM N1'b( / 4) A / �PQ / 1�^�' r Gk., ` i / QPQ4<6 / / U O 0 N 2715'08" E (R) EXISTING DOG PARK DOC. NO. 2008-544124 REC. 10/08/2008, O.R. APN 694-190-054 W'LY LOT LINE / S'LY LOT LINE MOST• SW'LY / N 56'04'40" E COR. OF ' (R) DOG PARK QUITCLAIM N 50'59'35" E 211 SQ. FT. (R) 0.005 AC. DETAIL •A• NOT TO SCALE 0' 100' 200' SCALE 1"=100' NO. I C1 I C2 NO. I Li I L2 05 /1/ CURVE DATA DELTA ) RADIUS 20'21'22' I 81.00' 23'44'27"I 61.00' LINE DATA BEARING N 26'59'33" E S 50'59'35" W LENGTH 28.78' 25.28' 1 LENGTH 9.72' 6.26' 1 MSA CONSULTING, INC. PLANNING • CIVIL ENGINEERING LAND SURVEYING J.N. 2497 SHEET 3 OF 3 EXHIBIT "H" Nonforeign Transferor Declaration TRANSFEROR'S CERTIFICATION OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the Property and not the disregarded entity. To inform ("Transferee"), the transferee of that certain real property described in Schedule "1" attached hereto and incorporated herein by this reference, that withholding of tax is not required upon the disposition of the above -referenced real property by , a public agency ("Transferor"), the undersigned hereby certifies the following on behalf of the Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); and 2. Transferor's taxpayer identification number is: ; and 3. Transferor's address is: The Transferor understands that this Certification may be disclosed to the Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. 72500.00898\31910851. 4 2 The Transferor understands that the Transferee is relying on this Certification in determining whether withholding is required upon said transfer. Under penalty of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor. Dated: 72500.00898\31910851. 4 _, 20_ "TRANSFEROR" By: Name: Title: 3