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HomeMy WebLinkAboutRes 2015-52 - Parcel Map 36792 - Palm Desert University Gateway LLCCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 2015- 52 APPROVING PARCEL MAP NO. 36792 AND THE IMPROVEMENT AGREEMENT RELATED THERETO SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Palm Desert University Gateway, LLC 38 Clancy Lane South Rancho Mirage, CA 92270 DATE: June 11, 2015 CONTENTS: Resolution No. 2015- 52 Conditions of Approval Tentative Parcel Map Final Parcel Map Subdivision Improvement Agreement Vicinity Map Recommendation Waive further reading and adopt Resolution No. 2015- 52 approving Parcel Map No. 36792 and the Improvement Agreement related thereto and authorize the Mayor to execute the Final Parcel Map. Background Parcel Map No. 36792 is bounded by Portola Avenue, the Union Pacific Railroad, Technology Drive, and Gerald Ford Drive. The project, referred to as "The Millennium Palm Desert," covers 152 acres of a multi -phased, multi -use development inclusive of 166 detached single-family homes, 450 to 550 multi -family housing units, 10 acres of business park development, 40 acres for hotel and retail developments, and a 27-acre regional park. Parcel Map 36792 provides for the subdivision of the 152 acres into 9 developable parcels and 5 parcels for street purposes including 1 parcel for street and slope purposes for the future Portola Avenue/1-10 interchange. Currently, the City owns 37 acres at the northwest corner. Upon approval of this Final Parcel Map, the City will exchange the existing 37 acres with the developer for Parcels Resolution No. 2015-52 Staff Report Resolution to Approve Parcel Map 36792 and Improvement Agreement Page 2 of 2 June 11, 2015 8 and 9 as shown on the Final Parcel Map. After the Final Parcel Map is recorded, the City will complete the land exchange. The Tentative Parcel Map, along with related residential Tentative Tract Map No. 36793, and a General Plan Amendment were approved by Council on March 12, 2015. Therefore, the Tentative Parcel Map will expire on March 12, 2017. This map is substantially the same as it appeared on the Tentative Parcel Map. 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. CC&Rs are currently being reviewed by the City Attorney's office and are to be recorded concurrently with Final Parcel Map 36792. Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Bo Chen, P.E., City Engineer n M. Wohlmuth, City Manager Depaj ner,A H)6ad: Mark G ee wood, P.E.,' Directod of Public Works RESOLUTION NO. 2015- 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PARCEL MAP NO. 36792 AND THE IMPROVEMENT AGREEMENT RELATED THERETO BE IT HEREBY RESOLVED, by the City Council of Palm Desert, California, as follows: 1. Parcel Map No. 36792 of the City of Palm Desert, California, is hereby approved as the official subdivision map of said Parcel Map subject to conditions of the Tentative Map. 2. The Mayor and City Clerk are authorized to execute on behalf of the City a Subdivision Improvement Agreement guaranteeing completion of the public improvements required by law. 3. The City Engineer is authorized to receive the improvement security, as required by law, on behalf of the City, subject to the approval of the City Attorney as to form. 4. The City Engineer is directed to process the Parcel Map for recording upon receipt of the required improvement security and the payment of all fees. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, on this 11th day of June, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Susan Marie Weber, Mayor ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA PLANNING COMMISS. .J RESOLUTION NO.2645 CONDITIONS OF APPROVAL CASE NOS. DA/GPA/CZ/EA 14-332, TPM 36792, AND TTM 36793 DEPARTMENT OF COMMUNITY DEVELOPMENT: The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall record both Parcel Map 36792 and Tract Map 36793 within two (2) years of project approval. Construction of improvements, in accordance with the approved Development Agreement, 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. 3. 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. 4. 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. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. 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 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. 6 GAPlanningWonlca ORedly\Planning Commission12015`,Resolutions`,Res. No. 2645 Millennium Plan.docx PLANNING COMMISSION. .ESOLUTION NO.2645 7. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 8. Each Planning Area shall be subject to all applicable fees at time of issuance of building permits for improvements within that Planning Area. 9. The applicant shall provide a pedestrian connection between Planning Area 1 and Planning Area 2. The pedestrian connection shall be construction prior to build -out of Planning Area 1, at the time Planning Area 2 is developed, or whichever occurs fi rst. 10. Prior to the development and construction of improvements within Planning Area 1 of the Specific Plan, the applicant shall submit an Architectural Review application for the interior common area and perimeter landscaping, perimeter wall design, and home architectural plans for the residential units. Submittal of these plans shall be in accordance with the Community Development Department's Architectural Review application. 11. Prior to the development and construction of improvements within Planning Areas 2 thru 7, the property owner shall submit a Precise Plan application to the City's Community Development Department. Precise Plan applications shall be submitted for the development of a single Planning Area or multiple Planning Areas. The Precise Plan application will require public hearings with the City's Planning Commission. 12. The applicant shall enter into a Housing Agreement with the City prior to the development of Planning Area 7. The Agreement shall be in accordance with provisions related to affordable housing contained in the Development Agreement. 13. All Planning Areas shall develop in a manner consistent with the Development Standards contained in the Specific Plan. All other development standards, not addressed in the Specific Plan, shall comply with the Palm Desert Municipal Code. 14. The Mixed Use Overlay District shall be applied to Planning Areas 5 and 6 of the Millennium Palm Desert Specific Plan. 15. The developer shall install center medians and perimeter roadway and center median landscape in accordance with the Development Agreement for the Dinah Shore Drive extension, between Portola Avenue and Gerald Ford Drive. The developer shall maintain the landscape, including electrical and water metering, in accordance with City standards along this portion of Dinah Shore Drive for a period of no less than five (5) years from the time of median landscape completion. 16. The applicant shall submit landscape plans for the installation of tree plantings and irrigation improvements along the project's northern boundary, along with the Architectural Review application for the development of Planning Area 1. 7 G \P anningl.Monica ORedl&lannmg Commission\2015\Resoiutions\Res. No 2645 Millennium Plan.docx PLANNING COMMISS. .J RESOLUTION NO. 2645 Landscape improvements along the northern boundary shall be completed prior to the issuance of the 80t' building permit for Planning Area 1. 17. The developer shall coordinate the placement and construction of driveway accesses along Dinah Shore Drive and Technology Drive in order to minimize the total number of driveway approaches into individual Planning Areas. The placement of driveways to serve individual Planning Areas shall generally conform to Exhibit 10 of The Millennium Specific Plan. 18. The applicant shall pay into the City's Public Art Fee for Planning Area 1 of the Specific Plan. It is recommended that this fee be used for an onsite public art project within Planning Area 1. The remaining Planning Areas shall pay into the City's Public Art Fee at the time a Building Permit is issued for the development of said Planning Areas. 19. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 20. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. 21. The Final Development Agreement shall be recorded within ten (10) days of final approval of the project by the City Council. DEPARTMENT OF PUBLIC WORKS: Tentative Parcel Map 36792 1. The parcel map shall be submitted to the City Engineer for final review and approval. 2. Easements for drainage, bike paths, sidewalks, and public utility purposes shall be required on the parcel map. 3. Waiver of access rights consistent with Exhibit 10 of the Specific Plan shall be granted on the parcel map. 4. Right-of-way as may be necessary for the construction of required public improvements shall be provided on the parcel map. 5. Horizontal control requirements shall apply to this map, including state plan coordinates, which shall conform to City of Palm Desert specifications. 6. 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. 8 GAPIanning\Monica OReilly\Planning CommissionQO15\Resolutions\Res No 2645 Millennium Plan.docx PLANNING COMMISSIO1 .ESOLUTION NO.2645 7. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 8. Mass grading shall be allowed for this parcel map if a semi -permanent water system is installed after grading and the area had dust suppressant applied every six (6) months thereafter. 9. Prior to City Council approval of final parcel map 36792, the applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements. Improvement shall be in accordance with the approved Development Agreement and shall include; but are not limited to: A. The extension of Technology Drive. Technology Drive west shall be limited to right-in/right-out access on Gerald Ford Drive. The applicant shall not be responsible for security for any portion of Technology Drive adjacent to City properties. B. Construction of an eight (8) foot wide sidewalk and an eight (8) foot wide striped bike lane on the east side of Portola Avenue. C. Construction of landscape medians on Dinah Shore Drive. The maintenance of the medians shall be the responsibility of the owner/association. The developer shall maintain the median on Dinah Shore Drive for a period of five (5) years or until the Park is constructed. D. Installation of a City designed traffic signal at the intersection of Dinah Shore Drive and Portola Avenue. Applicant shall be responsible for 50% of the cost of the improvements. Once installation is complete, the .owner shall submit a request for reimbursement of the cost of installation to the Public Works Department for City Council approval. E. Construction of a pork chop island on the southwest corner of Dinah Shore Drive and Portola Avenue. Applicant shall be responsible for 50% of the cost of the improvements. Once installation is complete, the owner shall submit a request for reimbursement of the cost of installation to the Public Works Department for City Council approval. F. Construction of traffic circles on Dinah Shore Drive, midway between Portola Avenue and Gerald Ford Drive, as shown on the tentative map. G. The extension of Dinah Shore Drive from Portola Avenue to Pacific Drive consistent with the provisions of the Development Agreement. 10. Parcel Map 36792 shall retain to the 100-year storm within the parcel boundary. 11. The developer shall have the option, in accordance with the Development Agreement, to develop the Mid -Valley Bike Path within the Specific Plan boundaries or submit a payment in lieu of construction of the Mid -Valley Bike Path in the amount of $772,504. 12. The owner/association of any parcel contributing drainage to the Mid -Valley Channel shall have maintenance responsibilities. 9 G `.PlanningkMonica OReilly\Planning Commission\2015\Resolulions�Res. No 2645 Millennium Plan docx PLANNING COMMISS. .J RESOLUTION NO.2645 13. The applicant shall submit Covenants, Conditions, and Restrictions (CC&R's) concurrently with the final map for review and approval by the Public Works Department and the Community Development Department. Once approved by the City, the CC&R's shall be recorded with the County Recorder's Office. 14. The applicant/owner's association shall maintain the storm drain systems that benefit them in conformance with the approved hydrology and storm drain plans. Tentative Tract Map 36793 1. The tract map shall be submitted to the City Engineer for final review and approval. 2. Horizontal control requirements shall apply to this map, including state plan coordinates, which shall conform to the City of Palm Desert specifications. 3. The applicant shall submit CC&R's concurrently with the final map for review and approval by the Public Works Department and the Community Development Department. Once approved by the City, the CC&R's shall be recorded with the County Recorder's Office. 4. 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. Should the applicant install the signal, signalization fees shall be credited toward that installation. In no case shall the applicant be responsible for any more than 50% of the cost of the signal. Once installation is complete, the owner shall submit a request for reimbursement of 50% of the cost of installation to the Public Works Department for City Council approval. 5. 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. 6. Park fees in accordance with the Palm Desert Municipal Code Section 26.48.060 shall be paid prior to the recordation of the tract map. 7. The applicant shall submit a grading plan to the Public Works Department for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 8. The applicant shall identify all proposed and existing utilities on the precise grading plan. 9. Drainage shall be retained within the boundaries of Parcel Map 36792. 10. 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. 10 G TI.anningWonica OReilly\Planning Commission=5\Resoludons�Res. No 2645 Millennium Plan docx PLANNING COMMISSIO; XSOLUTION NO.2645 11. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 12. The applicant shall 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 the County Recorder Office and a conformed copy shall be provided to the Public Works Department. 13. 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. 14. The applicant shall submit a PM10 application to the Public Works Department for approval prior to issuances of a grading permit. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 15. The applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of off -site improvements. Improvements shall be in accordance with the approved Development Agreement. 16. The applicant shall submit a landscape plan concurrently with the precise grading plan for review and approval. The applicant is advised to use the City of Palm Desert Design Guide when designing landscape plans. 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 location of proposed and existing utilities. C. Must match approved civil plans. D. All specs 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. BUILDING AND SAFETY DEPARTMENT 1. Development of this project shall comply with the latest adopted edition of the following codes: 11 G %Plannng\Monica OReilly\Planning Commission\2015%Resolunons\Res No, 2645 Millennium Plan docx PLANNING COMMISSI I RESOLUTION NO. 2645 A. 2013 California Building Code and its appendices and standards. B. 2013 California Residential Code and its appendices and standards. C. 2013 California Plumbing Code and its appendices and standards. D. 2013 California Mechanical Code and its appendices and standards. E. 2013 California Electrical Code. F. 2013 California Energy Code. G. 2013 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2013 California Fire Code and its appendices and standards. 2. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 3. 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 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 4. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206) 5. 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. 6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 7. Public pools and spas must be first approved by the Riverside County Dept of Environmental Health and then submitted to Dept of Building and Safety. Pools and Spas for public use are required to be accessible. 8. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 9. 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. 10. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during 12 G \Planning\Monica ClRedly\Planning Commissiom20151Resoluhons\Res. No. 2645 Millennium Plan docx PLANNING COMMISSIO" :ESOLUTION NO. 2645 the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 11. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 2. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a 2-hour duration for single family dwellings and 4,000 PGM at 20-PSI residual operating pressure for a 4-hour duration for multi- family projects. The developer shall also provide a water system capable of delivering 4,000 GPM at 20-PSI residual operating pressure with a 4-hour duration for all commercial land developments. 3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 Y2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single family dwellings and 350 feet apart at each intersection, and shall be no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for multi -family projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. 4. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5). 5. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. 6. The gradient for fire apparatus access roads shall not exceed 15 percent. All access roads shall have an unobstructed width of not less than 20 feet for commercial and 20 feet for residential with an unobstructed vertical clearance of not less than 13 feet and 6 inches. 13 G TlanningWonica OReflly\Planning Commission\2015�Resolutions\Res No, 2645 Millennium Plan docx PLANNING COMMISS I RESOLUTION NO. 2645 7. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet for multi -family developments. 8. Dead end roadways and streets in excess of 150 feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. 9. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flows standards. Hydraulic calculation will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued. 10. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 11. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 12. A "Knox -box" shall be provided and shall be installed a minimum of six feet in height . and be located to the right side of fire riser sprinkler rooms. 13. All manual and electronic gates on required Fire Department access road or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. 14 G ianningUonica ORedly\Plannmg Commission\2015\Resolu6ons\Res. No. 2645 Millennium Plan docx YORTM AKMK � F rP:u•. �-..5 ril YaAy? .5[ O s. -- g;igIII jig I-J�111-11111gill iAai jig a ; „Rp ; Q€ ;a six D �q� , a� a� �a Ida gB T I g Q c g DC T a 'f, e:�a gG� �� Q` 3� by E@gi�ag�g �� L� 4� S � ■ ■ , r L\ 5 ------ ' a c c x c a = e _ ,. .. .. 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SAN BERNARDINO MERIDIAN. MDS CONSULTING JANUARY, 2015 OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN ME SUBDIVISION SHOWN HEREON: THAT WE ARE ME ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAD LAND, THAT WE CONSENT TO ME MAKING AND RECORDING OF THIS SUBOMSION MAP AS SHOWN W'T. N THE DISTINCTIVE BORDER UNE. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: PARCELS'A AID'B (DINAR 910K DRIVE). PARCEL 'C' (TECHNOLOGY ORTVE) AND PARCELS 'Cr AND -E' (PONTOLA AVENUE). THE DEDICATION IS FOR STREET AND PUBLIC UTILITY PURPOSES FOR PARCELS A B, C AND D, AND FOR STREET, SLOPE AID PUBIC URUTY PURPOSES FOR PARCEL E. AS A CONOITION OF DEDICATION OF PARCELS *Cr AND'E' (PORTOLA AVENL,E), THE OWNERS OF PARCELS 1, 2 AND 3 ABUTTING MS HIGHWAY AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS, EXCEPND ONE (FIFTY FOOT) ACCESS OPENING FOR PARCEL 2, AS SHOW HEREON AND THE GENERAL EASEMENT OF TRAVEL ANY CHANGE OF AUGNMENIF OR WIDTH THAT RESULTS N ME VACATION THEREOF SHALL TERMINATE MIS CONDITION OF ACCESS RICH'S AS TO THE PART VACATED. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: ABUTTERSRIGHTS OF ACCESS ALONG GERALD FORD ORTVE THE OWNERS OF PARCELS 1, 2 AND 6 THROUGH 9, INCLUSIVE. ABUTTING THIS HIGHWAY ,MAD OUNNG SUCH TIME WILL HAVE NO RIGHTS OF ACCESS. EXCEPT ME GENERAL EASEMENT OF TRAVEL, ALSO EXCEPTING ONE (FIFTY FOOT) ACCESS DPENNG FOR PARCEL 2. AS SHOWNHEREON. ANY CWJAGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS DEDICATION AS TO THE PART VACATED. VEHICULAR ACCESS FOR ALL PARCELS FRON71NC ON DINAR 940K DRIVE AND TECHNOLOGY DRIVE SHALL LE DETERMINED PRIOR TO DEVELOPMENT OF THOSE PARCELS, AS APPROVED BY THE CITY ENGHEER OF PALM DESERT. THE READ PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES' ME BODO FOOT WIDE BICYCLE PATH AND PUBLIC UTILITY EASEMENT LYING WITHIN PARCELS 3 AW 9, AS SHOWN HERON. THE DEDICATION IS FOR 9CYCLE PAIII, PUBIC UTWTY AND INCIDENTAL PURPOSES, THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES. THE 20.00 FOOT WIDE STORM DRAIN EASEMENT LYING WITHIN PARCEL 4, AS SHOWN HEREON. ME DEDICATION IS FOR STORM DRAIN PURPOSES AND THE WVNTFNANCE THEREOF. WE HEREBY RETAIN A 20.00 FOOT WIDE EASEMENT FOR STORM DRAIN PURPOSES BENEFTMIC PARCELS 1 AND 2. UNTO OURSELVES. OUR SUCCESSORS, ASSIGNEES AND OWNERS OF PARCELS I AND 2, AS SOWN HEREON. WE HEREBY REINN THE RETENTION BASIN EASEMENT FOR STORM DRAIN RETENTION AND MAINTENANCE PURPOSES, BENEFITING PARCELS 1 AND 2, UNTO OURSELVES, SUCCESSORS, ASSN,HEFS AND OWNERS OF PARCELS 1 AND 2. AS SHOWN HEREON, WE HEREBY RETAIN A 2000 FOOT WIDE EASEMENT FOR STORM DRAIN PURPOSES BENEFITING PARCELS 5 AND 7, UNTO OURSELVES, OUR SUCCESSORS, ASSIGNEES AND OWNERS OF PARCELS 5 AND 7, AS SHOWN HEREON. WE HEREBY RETAIN TIE RETENTION BANS EASEMENT FOR STORM DRAIN RETENTION AND MAINTENANCE PURPOSES. BENEFITING PARCELS 5 AND 7. UNTO OURSELVES. OUR SUCCESSORS, AS9GNEES AND OWNERS OF PARCELS 5 AND 7, AS SHOWN HEREON, WE HEREBY RETAIN AN $000 FOOT WIDE EASEMENT FOR WATER RETENTION CHANNEL MAINTENANCE PURPOSES, LN'0 OURSELVES, OUR 9)=SSORS, ASSIGNEES. AND PARCEL OWNERS W7FN MS PARCEL MA'. WE HEREBY RETAIN A 1000 FOOT WIDE EASEMENT FOR PRIVATE WATER AND IRRIGATION PURPOSES UNTO OURSELVES. OUR SUCCESSORS, ASSIGNEES, AND PARCEL OWNERS WITHIN MS PARCEL MAP. WE `HEREBY RETAIN RECIPROCAL BLANKET EASEMENTS FOR PEDESTRIAN ACCESS PURPOSES OVER PARCELS I AND 2, EXCLUSIVE OF BUILDING STRGCUES AND BUILDABLE LOTS, FOR THE BENEFIT OF PARCELS 1 AND 2 OWNERS, SUCCESSORS, ANTI ASSIGNEES WITHIN :HIS PARCEL MAP. PALM DESERT UNIVERSITY GATEWAY, LLC, A NEBRASKA LIMITEDABIUTY COMPANY MEODORE M. SELDIN PRESIDENT THE CITY OF PALM DESERT, A MUNICIPAL CORPORATION BY: SUSAN MARIE WEBER MAYOR BENEFICIARY WILLAM FERRILL HAY AND DENISE OUBARRY FAY, TRUSTEES OF ME MAY FAMILY TRUST DATED NOVEMBER 23. 2012. AS BENEFICIARY UNDER DEED OF TRUST RECORDED JJNE 5, 2014. AS INSTRUMENT NO 2014-207737 BY ASSIGNMENT RECORDED NOVEMBER 20, 2014. AS INSTRJMENT NO. 2014-G44 61 1 2, BOTH OF OFFICIAL RECORDS. By _ BY. _ WILLIAM F. HMV, DFNISE OUBARRY NAY TRJSTF.F TRUSTEE BENEFICIARY THEODORE M. SELDIN, MUSTEE OF THE THEODORE M. SELON RCVOCAAE TRUS', BENEFICIARY UNDER A DEED OF TRUST DATED MAY 20. 2013, NECORDFO JUNE 18. 2013 AS INSTRUMENT NO 20-3-0288745 OF OFFICAL RECORDS. BY _ HIEODORE M. SELDA TRUSTEE NOTARY ACKNOWLEDGMENTS SEE SHEET 2 SIGNATURE OMISSIONS_: SEE SHEET 3 EASEMENT NOTES: SEE SHEET 3 SHEET 1 OF 7 SHEETS RECORDER'S STATEMENT FILED THIS_ DAY OF 201_ AT M. IN BOOK OF MAPS. AT PA-.___ AT ME REQUEST OF THE CITY CLERK OF THE CITY OF PALM DESERT NO STANLEY C. MORSE LS. 3640 FEE PETER AIDANA, SURVEYOR'S STATEMENT COUN'Y ASSESSOR - CLERK - RECORDER BY. _ DEPUTY SUBDM9ON GUARANTEE BY FIRST AMERICAN TIRE COMPANY MIS MAP WAS PREPARED BY ME OR UNDER NY DIRECTION AND IS BASED UPON A FIELD SURVEY N CONFORMANCE WITH ME REQUIREMENTS OF ME SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REOUEST OF PALM DESERT UNYVERSUTY GATEWAY, LLC, A NEBRASKA LIMITED UABIJTY COMPANY, IN JULY, 2014. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY ME POSITIONS INDICATED. OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF FILING THIS MAP WITH THE COUNTY RECORDER'S OFFICE; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP, IF ANT. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN. DATE. . 2015 N o STANLEY C. HORSE L.S. 3640 EXP, 6/30/16 � a CALM' CITY ENGINEER'S STATEMENT THIS MM CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES. I HEREBY STATE THAT THIS MAP CONSISTING OF 7 SHEETS, HAS BEEN EXAMINED BY ME OR UNDER MY SUPE1M90N AND FOUND TO BE SUBSTANTIALLY IHIE SANE AS IT APPEARED ON THE TEW.ARNE MAP OF PARCEL MAP N0. 36792 AS FILED, AMENDED AND APPROVED BY ME PALM DESERT CITY CCAICIL ON MARCH 26. 2015. THE EXPIRATION DATE BEND MARCH 27. 2017. DATED: 2015 DO GHEN RCE 64819 CITY ENGINEER REG. EXP. 6/30/2015 0 CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT THIS MAP HAS BEEN DAWNED BY ME OR UNDER MY SUPERV6IDN AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT. DA70: , 2015 R PACE GARNER L.S. 6155 ACTING CITY SURVEYOR EXP. 3/31/2016 CITY CLERK'S STATEMENT I, PACMELLE D. KLASSEN, CITY CLERK OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNLA HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE _ DAY OF , 201, APPROVED THE WITH,N HAP OF PARCEL MAP NO l6792; AND ACCEPTED ME OEOICARONS FOR STREET, SLOPE AND PUBLIC UTAUTY PURPOSES, ABUTTERS RIGHTS OF ACCESS ALONG GERAD FORD DRIVE, BICYCLE PATH, PUBLIC UTILITY AND INCIDENTAL PURPOSES. AND STORM ORAN PURPOSES AND THE MAINTENANCE THEREOF. AS SHOWN HEREON ABANDONMENT NOTE: ME FILING OF MIS PARCEL MAP SHALL CONSTITUTE ABANDONMENT OF THAT CERTAIN PORTION OF RIGHT OF WAY PER GRANT DEED RECORDED JUNE 272003. AS DOCUMENT N0. 1003-476348. OFFICAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: BEING A PORTION OF PARCEL I THEREOF, AND NOT SHOWN HEREON. IN ACCORDANCE WITH SEC, 56445C) OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA ELATED RACHELLE 0. KUSSEN CITY CLERK CITY OF PALM DESERT TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE. AS OF 'HIS 'DATE. THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON ME WITHIN MAP FOR UNPAID STATE, COUNTY. MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCLPI TAXES OR SPECIAL ASSESSMENTS CO' ECTED AS TAXES NOW A UEN, BUT NOT YET PAYABLE. WHIC- ARE ES^MAT LD TO BE f — _- DON KENT DATE' COUNTY TAX COLLECTOR DEPUTY TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A 80NO IN THE SUM OF {—HAS BEEN EXECUTED AND FLED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE. CALIFORNIA. CONDITIONED UPON ME PAYMENT OF ALL TAXES. STATE, COUNTY, MUNICIPAL OR LOCAL AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT ME TIME OF BUNG OF THIS MAP W.F, THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAD BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE. CASH TAX BOND KECIA HARPER AHEM DON KENT CLERK OF ME BOARD OF SUPERVISORS COUNTY TAX COLLECTOR DEPUTY BY: —_.—DEPUTY IN THE CfTY OF PALM DESERT, COUNTY OF RNERSIDE, STATE OF CAUFORNIA SHEET 2 OF 7 SHEETS PARCEL MAP NO. 36792 BEING A SUBOMSION OF PORTIONS OF THE SOUTH HALF OF SECTION 28, AND THE NORTH HALF OF SECTION 33, ALL WITHIN TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. MDS CONSULTING JANUARY, 2015 STANLEY C. MORSE L.S. 3640 A NOTARY PUBLIC OR OTHER OFFICER COMPLETING MS CERTIFICATE A NOTAFY PJBUC OR OTHER OFFICER COMPETING MS CERn"CAEE VERIFIES ONLY ME IDENTITY OF ME INDIVIDUAL WHO SIGNED THE VERIFIES ONLY THE IDENTTT1' OF THE INDMOWL WHO SIGNED ME DOCUMENT TO WHICH THIS CERTFHCATE IS ATTACHED, AND NOT ME DOCUMENT TO WHICH THIS CERTIFICATE 6 ATTACHED. AND NOT ME TRUTHFULNESS, ACCURACY, OR VALDITY OF THAT DOCUMENT. TRUTHF"ESS, ACCURACY. OR VALIDITY OF THAT DOCUMENT. NOTARY ACKNOWLEDGMENT NOTARY ACKNOWLEDGMENT STATE OF CNJFORNA ) SATE OF ULFORNA ) ) 55 ) SS COUN-Y OF ) COUNTY OF ) ON _ BEFORE WE. A WARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON ME BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED 10 ME WITHIN WSTRUMENT AND ACKNOWLEDGED TO ME THAI HE/SHE/THEY EXECUTED -.HE WE IN HIS/HER/TIER AUTHORIZED CAPACITY(IES). AND THAT BY HS/HER/PIEIR SIGNATURE(S) ON ME INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHA:f CF WHICH THE PERSONS) ACTED. EXECUTED ME INSTRUMENT, I CERTIFY LINGER PENALTY OF PERJURY UNDER THE LAWS OF ME STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE OF OFFM W MKPAL PULE OF BUSINESS IS IN COUAYY MY COMMISSION EXPIRES PRINT NAME A NOTARY PUBLIC OR OTHER'OFFK: COMPLETING MS CERTFCATE VERIFIES ONLY ME IDENRTY OF ME INDNOl11L WHO SIGNED ME DOCUMENT 10 WINCH MICATE 6 ATTACHED. CERTETTACHED. AND NOT THE TRUTHFULNESS. ACCURACY, DR VAIDITY OF THAT DOCUMENT NOTARY ACKNOWLEDGMENT STATE OF CkJFORNA ) SS COUNTY OF ON _ BEFORE MAR:. A NOTARY PUBLIC, PERSCNA, v APPMD WHO PROVED TO ME ON ME BASIS OF SATISFACTORY EVIDENCE TO BE ME PERSONS) WHOSE NAME(S) S/ARE SUBSCRIBED TO ME WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/MEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HS/HER/THER SIGNATURE(S) ON THE INSTRUMENT THE PERSDN(S), DR THE ENTITY UPON BEHALF OF WHICH ME PERSON(S) ACTED, EXECUTED ME INSTRUMENT. I CERTIFY UNDER PFNA TY OF PERJURY LNCIN 'HE LAWS OF ME STATE OF CHIFOR4N THAT ME FOREGOINGPARAGRAPH .S TRUE AND CORRECT WITNESS MY FAD AND OFFICIAL SEA: MY PRINCIPAL PLACE OF BUS NESS IS IN SIGNATURE OF ONFICFR COUNTY MY COMMISSION EXPIRES - MINT NAME A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERnFO.E VERIFIES ONLY ME IDENTIFY OF ME INDIVIDUAL WHO SIGNED ME DOCUMENT TO WHICH THIS CERnnCATE IS ATTACHED. AND NOT PIE TR,PHFULNESS. ACCURACY. OR VAUOTY OF THAT DOCUMENT. NOTARY ACKNOWLEDGMENT STATE OF CA;FORNA ) SS COUN OF ON _ BEFORE ME, A NOTARY PUB,;C, PERSONALLY APPEARED WHO PROVED TO ME ON ME BASIS OF SATSFACTORY EVIDENCE TO BE ME PERSON(S) WHOSE WYEIS) IS/ARE SUBSCRIBED TO ME WIMIN HNSTRUMEMT AND ACKNOWLEDGED TO ME THAT IE/SHE/MEY EXECUTED nE SAME IN HIS/HER/THEIR AUMORLZED CAPACITY(IES). AD THAT BY HS/HER/MEN SICNANE(5) RON ME INSTRUMENT THE PERSCN(S)I OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED. EXECUTED ME INSTRUMENT. CERTIFY UNDER PENALTY OF PERJURY UNOFR THE LAWS OF ME STATE OF GMIFORNA THAT THE FOREGOING PARAGRAPH IS 'RUE AND CORRECT. 1WTNESS My HAND AND OFFICIAL SEAL MY PRWCPAL PLACE OF BUSINESS S .IN SCNATME: OF OFFICER COUNTY MY COMMISSION EXPIRES PRINT NAME ON _ BEFORE ME, A NOTARY PUBLIC. PERSONALY APPEARED WHO PROVED TO ME ON ME BASIS OF SAnSFAGFORY EVIDENCE TO BE ME PERSON(S) WHOSE NAME(S) G/ARL SUBSCRIBED TO THE MnIIN NSTRUMFNT AND ACKNOWLEDGED 10 ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTTY(IES), AND THAT BY HIS/HER/MER SIGNATURE(S) ON THE INSTRUMENT ME PERSON(S), OR THE FNTnY JPON BEHALF OF WHICH ME PERSON(S) ACTED, EXECUTED THE INSTRUMENT I CERTIFY UNDER PENALTY O PERJURY UNDER ME LAWS OF ME STATE OF CALIFORNIA :HAT ME FOREGOING PARAGRAPH 6 TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEA - SIGNATURE OF OFFICER MNT WE W PRNCFAL PLACE OF BUSINESS IS IN COUNTY MY COMMISSION EXPIRES A NOTARY PUBLIC OR OTHER DEICER COMPLETPJG MIS CERnf CAI VERIFIES ONLY ME IDENTITY OF ME INDMOAL WHO $ONED ME DOCUMENT 10 WHICH THIS CERTIFICATE IS ATTACHED, AND NOTE THE TRUTHFULNESS, ACCURACY, OR VALIDITY Of THAT DOCUMENT. NOTARY ACKNOWLEDGMENT STATE OF CAUFORNIA ) SS COUNTY OF ON _ BEFORE ME. A NOTARY PUBIC. PERSONALLY APPEARED WHO PROVED TO ME ON ME BASIS OF SATISFACTORY EVIDENCE TO BE ME PERSON(S) WHOSE NAE(S) S/ARE SUBSCRIBED TO THE W'IMIN NSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/DEY EXECJT© nE SAFE IN HIS/H(R/1HER AUTHORIZED CAPACTTYQES), AND TPA! BY HS/HER/TIEIR SIGNATURE(S) ON THE INSTRUMENT ME PERSON(S). OR THE ENTITY UPON BUbA:F OF WHICH ME PER5GN(S) ACTCD. EXECUTED THE INSTRUMENT H CERIFY JNOER PENALTY OF PERJURY UNDER THE LAWS OF 'NE STATE OF GALTORAIA FEAT 'HE FOREGOAC PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HIND AND OFF" AL SEAL SCNATiRE OF OFFICER PRNI NAME MY PRINCIPAL PUCE OF BUSINESS 6 M COUNTY MY COWS" EXPIRES___-- 'M 1 5-11-11 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36792 BEING A SUBOMS40N OF PORTIONS OF THE SOUTH HALF OF SECTION 28. AND THE NORTH HALF OF SECTION 33. ALL WITHIN TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. MDS CONSULTING JANUARY, 2015 EASEMENT NOTES: AN EASEMENT IN FAVOR OF PACIFIC TELPIONE AND TELEGRAPH COMPANY FOR ELECTRIC LINES AND INCIDENTAL PURPOSES RECORDED JANUARY 23. 1912 N BOOK 344, PAGE 227, OF OFFICLA- RECORDS. © AN EASEMENT, 3000' IN MOM, N FAVOR OF SOUTHERN CALFGRNA EDSM COMPANY, FOR PUB." :CE UDUTIES AND INCNTAE PURPOSES RECORDED JULY I. 1983 AS INSTRUMENT NO 132635. OF OFPCML RECORDS. p3 AN EASEMENT, 3000' N ADM, IN FAVOR OF SOUTHERN CALIFORNIA EDSON COMPANY, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES RECORDED JULY !, 1983 AS INSTRUMENT NO. 132636. OF OFFICIAL RECORDS. Q4 AN EASEMENT FOR DRAINAGE PURPOSES N FAVOR OF ME CITY OF PALM DESERT PER C:TY COUNCIL RESOLLTON RECORDED OCTOBER 19. 2012 AS INSTRUMENT N0. 2012-0500123 OF OFFICIAL RECORDS. A5 AN EASEMENT EXCHANGE AGREEMENT FOR DRAINAGE PURPOSES IN FAVOR OF TIE CCY OF PALM DESERT RECORDED DECEMBER J. 2010 AS INSTRUMENT NO. 2010-0578191 OF OFMAL RECORDS ® A TEMPORARY EASEMENT FOR DRAINAGE PURPOSES N FAVOR OF THE CITY OF PALM OESEF RECORDED DECEMBER 3. 2010 AS INSTRUMENT 40. 2010-057B193 OF OFFICIAL RECORDS. EASEMENT TERMNA'ES WHEN PARCEL 'C' (TECHNOLOGY DRIVE) IS ACCEPTED BY ME Cl' OF PALM DESERT AND THIS MAP RECORDS. A//��7 AN EASEMENT FOR PUBLIC URURES AND PEDESTRIAN FACILITIES, N FAVOR OF THE CITY OF PALM DESERT RECORDED MAY 9, 2014 AS INSTRUMENT NO, 2014-0170215 AND RE -RECORDED � SPTEMBER 22. 2014 AS INSTRUMENT NO. 2014-0359010 BOTH OF OFFICIAL RECORDS. /C� AN EASEMENT FOR DRAINAGE PURPOSES N FAVOR OF ME CITY Of PALM DESERT RECORDED MAY 9, 20!a AS INSTRUMENT N0. 2014-0170216 AND RE-RECORDLO SEPTEMBER 22. 2014 AlAS INSTRUMENT NO. 2014-0359DD9 BOTH OF OFFICIAL RECORDS AAN EASEMENT FOR EMERGENCY VEHICLE TURN AROUND. IN FAVOR OF ME CITY OF PAN DESERT RECORDED WY 9. 2014 AS INSTRUMENT NO, 2014-0170217 AND W-RECORDED SE'TEMBER 22. 2014 AS INSTRUMENT NO. 2014-0359008 BOTH OF OFFICIAL RECORDS. 11 AN EASEMENT FOR TELECOMMUNICATION AND NCOEHTA PURPOSES, IN FAVOR OF SPRMNT COMMUNICATIONS, MST COwUUNICATIONS. ET N- RFCOROED AUGUST 9. 2013 AS 14STRUMENT NO. 2013-0423943 OF OFFIGAL RECORDS. (BLANKET N MARE) © AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES. N FAVOR OF MART '_ OYER. RECORDED DULY 17. 1945 IN BOOK 676. PAGE 15 OF OFFICIAL RECORDS. 13 A RESERVATKNN OF THE RIGHT TO USE AND CONDUCT WATER RISING UPON SAID LAND. BY SOUTHERN PACING OMPANY, RAILROAD CNECOROEO MARCH 23. 1912 �N BOOK N7, PALE PAGE '17 OF DEEDS. (BLANKET IN NATURE) 14 RIGNS FOR DITCHES AND CANALS AS RESERVED BY THE UNITED STATES OF AMERCA, RECORDED OCTOBER 20. 1926 IN BOOM( 9. PAGE 178 Of PATENTS. (BLANKET IN NA-URF) ® AN EASEMENT FOR DRAINAGE PURPOSES N FAVOR Of MEEAM FERRLL MY AND DENSE DuBARRY HAY, TRUSTEES OF THE HAY FAMILY TRUST, AND REMUS A WASTE. TRLSTEE OF ME MY FAMILY 2012 IRREVOCABLE TRUST. RECORDED JUNE S. 2014 AS DOCUMENT NO 2014-0207738 AND DOCUMENT NO. 2014-0207739. ® AN EASEMENT RETAINED FOR WATER RETENTION CHANNEL 1WNTENANCE PURPOSES UNTO THE OWNERS. SUCCESSORS. ASSIGNEES AND PARCL OWNERS OF PM M211-t, PUS 230/100-103. © M EASEMENT FOR UNDERGROUND PPELNf. APPURTENANCES AND MAINTENANCE PURPOSES. N FAVOR OF COACI VALLEY WATER DSTRICT. RECORDED .UNE 6. 2007 AS DOCJWENT NO. 2007-0372400 OF OFFICIAL RECORDS. 18 RIGN'S FOR NTCFES AND CAMAS AS RESERVED BY ME UNITED STAPES OF AMFRICk RECORDED OCT09ER 16. 1914 IN BOOK 6, PAGE 335 OF PATENTS. (BLANKET IN NATURE) OA INDK'ATES A 8000 FOOT WE EASEMENT FOR BICYCLE PATH, PUB -IC UTIUTY AND INCIDENTAL PURPOSES AS DEDICATED TO PUBIO USE HEREON. OD INDICATES A 20.DO FOOT WEE EASEMENT FOR STORM DRAIN PURPOSES. BENEDPIG PARCELS 1 AND 2 AS RETAINED HEREON FOR OURSELVES. OUR SUCCESSORS, ASSIGNEES AND PARCEL OWNERS OF PARCELS 1 AND 2, WITHIN THIS PARCEL MAP. © NDICAES M EASEMENT FOR STORM RETENTION AND MAINTENANCE PU4POSLS BENEP'ING PARCELS I AND 2. AS RE'ANED HEREON FOR OURSELVES. OUR SUCCESSORS. ASSIGNEES AND PARCEL OWNERS OF PARCELS 1 AND 2 WITHIN THIS PARCEL MAP. Op INDKATES M 8000 FOOT EASEMENT FOR WATER RLTENOON CANNEL AND MANTFNANCE PURPOSES AS RESEALED HEREON FOR OURSLVES. OJR SUCCESSORS. ASSIGNEES AND PARCE- OWNERS WITHIN THIS PARCEL MAP. NDICATES AN EASEMENT FOR STORM DRA4, STORM RETENTION AND 4ANTENNCE PURPOSES BUFFING PARCES 5 AND 7, AS RE'AINED HEREON FOR OURSELVES. OUR SUCCESSORS. ASSIGNEES AND PARCEL OWNERS OF PARCELS 5 AND 7 WIMN THIS PARCEL MAP ME MAIN'ENVGE RESPONSIBETY INCLUDES ALL APPURTENANCES THERETO FROM PARCELS 5 AND 7 (11ROR" PARCEL C. TECHNOLOGY DRIVE). © 14DOTES A 20.00 FOOT WOE EASEMENT FOR S-OR4 DRAIN PURPOSES AND THE MAINTENANCE THEREOF, BENET'.TING PARCEL C (TECH40LOGY DRAPE). AS DEDICATED HETSON. © INDCA'ES A '000 FONT MOE EASEMENT FOR PRIVATE WATER AND IRRIGATION PURPOSES. AS RE'ANFO HEREON FOR OURSELVES, OUR SUCCESSORS, AS%NFES AND PARCEL OWNERS W'HN THS PARCEL MAP ABANDONMENT NOTE ,HE FIL; 4G OF THIS PARCEL MAP SWILL CONSTITUTE ABANDONMENT OF THAT CERTAIN PORTION OF RIGHT OF WAY PER GRANT DEED RECORDED JUNE 27. 2003. AS DOCUMENT NO. 2003-476348. OFFICAL RECORDS OF RIVERSIDE COUNTY, CAUFORNA. BEING A PORTION OF PARCEL I THEREOF, ANO NOT SHOWN HEREON. IN ACCORDANCE WITH SEC. 66445(j) OF ME GOVERNMEN' CODE OF THE SATE OF CAUFORNIA. STANLEY C. MORSE L.S. 3640 SIGNATURE OMISSIONS SHEET 3 OF 7 SHEETS THE SIGNAiURE(S) OF THE PARTIES LISTED BELOW, OWNER(S) OF EASEMENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 OF THE S'JBDMSION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE P.TLE AND SAID SIGNATURES ARE NOT REWIRED BY ME GOVERNING BODY. PACIFIC TELFPNONE AND TELEGRAPH COMPANY. HOLDER OF AN EASEMENT FOR PUBLIC UTIUTIES AND NCOFMAL. PURPOSES, RECORDED JANUARY 23. 1912 IN BOOK 344. PAGE 227 OF DEEDS. SOUMER4 PACIFIC RAILROAD COMPANY, HOLDER OF 74 RIGHTS TO USE AND CONDUCT ANY WATER RSING UPON SAID. TOGETHER WITH ALL NECESSARY RIONT OF WAY. RECORDED MARCH 23. 1912 IN BOOK 347. PAGE 127 OF DEEDS. THE UNITED STAPES OF AUERICk HOLDER OF RKRITS FOR DITCHES AND CANALS PER PATENTS. RECORDED OCTOBER 16. 1914 IN BOOK 6. PAGE 335 OF PATENTS AND RECORDED OCTOBER 20. 1926 N BOOK 9. PACE 178 OF PATENTS SOUTHERN CALIFORNIA ELISION COMPANY. HOLDER OF RIGHTS FOR ELECTRIC LINES AND INCIDENTAL PURPOSES. RECORDED JULY 1, 1983 AS INSTRUMENT NO. 132635 AND 132635, OF OFFINL RECORDS SPRINT COMMLNKATONS. OWEST COMMUNICATIONS. IT AL, HOLDER OF AN EASEMENT FOR RELECOMWNCATION AND INCIDENTAL PURPOSES. RECORDED AUGUST 29. 2013 AS INSTRUMEN' NO. 2013-0,423943 OF OFFICIAL RECORDS. MARY L. WYER. PONDER OF AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES. RECORDED DULY 17. 1945 N BOOK 676. PAGE 15 OF OFFICIAL RECORDS. COACHEW VALLEY ICE AND ELECTRIC COMPANY, HOLDER Of AN EASEMENT FOR ACCESS RIGHTS AND INCIDENTAL PURPOSES. RECORDED OCTOBER 20. 1926 N BOOK 9, PACE 178. OF PATENTS. COACHELLA VALLEY WATER DSTRCT, HOLDER OF AN EASEMENT FOR UNDERGROUND PIPELINE. APPURTENANCES AND MAINTENANCE PURPOSES, RECORDED JUNE 6. 2007 AS DOCUMENT NO. 2007-0372400 OF OFFCA RECORDS. THOUSAND PNAH T PALV.S I �� SHiORE DRIVE i5'T4 I'^TIT �O I RALD FORD RANC^O MIRAGE ` SITE FRANK SINATRA DRIVE \ F5 PALM zl DESERT o S COINMV CLUBDRIVE- VKMrrY MAP NTS UNE TABLE IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA SHEET 4 OF 7 SHEETS LINE I BEVBNC LENGTH PARCEL MAP NO. 36792 LZ RIS x54'J2'2YW �M' L3 I •L R2 N OT57.24' E N 8T57.2: E 4416 u57' BEING A SUBDIVISION OF PORTIONS OF THE SOUTH HALF OF SECTION 28, AND THE NORTH HALF OF SECTION 33. Al WITHIN TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. MDS CONSULTING JANUARY, 2015 STANLEY C. MORSE L.S. 3640 I BASIS OF BEARINGS_ THE BEARINGS SHOWN HEREON ARE BASED ON ME CENTERLINE OF GERALD FORD DRIVE AS SHOWY BY PARCE_ MAP N0. 34211-1. P.M.B. 230/100-103. BEING NORTH 89'56'08 EAST. 16 /SCALE I" 400' CIiM TABLE CURVE DELTA RADIUS LENGTH Ct Rt 9720'21' 1000.00' 1611.62' 1 3 \ C2 R1 91'04'IK( IODO,00' 1589 41' E C R11 672E 55 000.00' 1212.69' \ U R! 21'35'05 100000' 316.72' C RI 25'S7'Sf LOCO DI:' 447.36' II \ 1 I PARCEL 3 \ INN ARCIL A\� PALw. Rai. No. Oaosoeu PARCEL MAP NO. 31730 I �_ PMB 2TV63-75 \ DATUM STATEMENT: THE COORDINATES SHOWN HEREON ARE BASED UPON ME G:1fORNN COORDINATE sSTEY (LC583) ZONE 6. NHD61 (20040 EPOCH AOJ.). AS PER THE CITY OF R7:Y DESERT OEODERC CONRO N K SHEER, UNLESS O7HHERWISE NOIEp Al DISTANCES 94OWN BELOW ARE GRID. TO OBTAIN GROUND DISTANCES. DMDE GRID DISTANCES BY 0.9%976667 BEARINGS SNOA'N ON Mf PARCEL MAP ARE RCTATED 0OD0'2s- CLOCKWISE FROM ME COORDINATE SYSTEM 'O MATCH �I 2230104.339 ME BASIS Of BEARWGS SHOWN ABO'.4. I F N 6524963.298 CALCUIA-IONS ARE WADE AT CPD 1101, 1 CCS83, CA ZONE 6 MM COOROINARS AND ELEVATION DF- N 26-02'OS E 1 N 89'55'45 E N 7230018663 95.42' \ 2049.87' L 6524921.70. � E',EVATOM OF 23183 CPD /t01 4 ST56'06 E N 2230018.663 (MAP) E 5S14121 743 DC583. G n ZONE 6 N 223010689D E 65270'3166J I T �Mp CCS93. G ZONE E NTs Jb U R :- 4 -N 6521438.2154 90 CC583. G ZONE 6 HORIZONTAL CONTROL TO OPS STATIONS CASTATE PLANE 1. 6 NAD83 'JS S'JRJEV FFET ' I -FOUND COPPERWELD. STAMPED 'LS 4146. FLUSH. PER PUB 230/100-103 A 00 211/6J-78. ACC AS C INTGERALD FORD OR. AND PORTOU AVE. AND NW COR SEC, 33. C -FOUND COPPFRWEID, STAMPED *LS 7930-. RUSH. PER PMB 230/100-103 k PUB 211/63-75. ACC. AS C INT GERALD FORD DR. AND PACIFIC AVENUE. LJ� - FOUND I' IRON PIPE, TAGGED -LS 489r. ON. 1.0' N 12' RCP PER PUB 230/100-103 h RS 108/15. ACC AS NE CDR SEC 33. 4❑ -FOND COPPERWFLD, STAAAPF.D'LS 4146, 1/4 S32/S33 1987- FLUSH, PER MB 323117-18 8 RUB 230/1DU-103. ACC. AS W 1/4 CORNER, SLCAIGN 33, 15 1 - FOUND COPPERWELD. SIAMPED -RCE 26401', FLUSH, PER MB 412/27-37 ACC. AS C INT, DINAR SHORE DRIVE AND PORTOA AVENUE © - FOUND 34' I P. W/TAG 'LS 3'42. ON 0 2'. PER MB 412 27-37 ACC. AS ME W 1/4 COP, SEC. 79 SURVEYOR'S NOTES - INDICATES FOUND MONUMENTS AS NOTED. ❑ - INDICATES SET 2' I.P. TAGGED L.S. 3640. FLUSH UNLESS OTHERWISE NOTED 0 - INDICATES SET I' I P. TAGGED L.S 3640. FLUSH UNLESS OTHERWISE NOTED A - INDICATES SET S' SPIKE AND WASHER FL::SH. STAMPED L.S. 3640 UNLESS OTHERWISE NOTED I' IRON PIPE TAGGED L.S. 3640. RUSH; OR SPIKE 8 WASHER, N ASPHALT CONCRETE OR LEAD TACK TAGGED LS. 3640 IN CONCRETE TO BE SET AT All PARCEL CORNERS. 57 MN. SRKE k WASHER TO BE SET AT CENTERLINE �NTERSLCTIONS. B.C'S. EC.'S NO ALL OTHER CENTERUNE POLAR OF CONTROL, UNLESS OTHERWISE NOTED. RI - INDICATES RECORD DATA PER PARCEL MAP NO 34211-', PUB 230/100-103. NO MEASURED 'UNLESS OTHERWISE NOTED R2 - INDCA ES RECORD DATA PER PARCEL YAP N0. 28448-1. PUB 191/18-21. R3 - INDICATES RECORD DATA PER TRACT MAP N0. 31490-1, MB 412/27-37. R4 - NDI. TES RECORD DATA PER PARCEL MAP N0. 31730. PMB 211/63-75, SFN - INDICATES SEARCHED, FOUND NDMINC 1L1 - INDICATES ACCESS RIGHTS RESTRICTED HEREON MIS PARCEL MAP CONTAINS 9 NUMBERED PARCELS, AND 5 LETTERED PARCELS. THIS PARCEL MAP CONTAINS '.52.16 ACRES. I / / Le_1' PARCEL MAP NO. 31730 1 - PMB 211/63-75 - L'J - FOUND COPPfRWELD, STAMPED 'LS 7930-. RUSH, PER PMB 230/100-I03 k PUB 211/63-78. ACC. AS C 'N: GERALD FORD DRIVE AND TECHNOLOGY DRIVE. 8❑ - FOUND COPPERWELD. STAMPED -LS 7930'. RUSH, PER PMB 230/100-'03 Q PMB 211/63-78. ACC. AS BC OR EC. GERALD FORD DRIVE. y� - FOUND COPPERWELD, STAMPED %S 793Ef, FLUSH. PER PMkI 230/100-103 k PUB 21 1/63-78. ADC. AS C INT IVE GERALD FORD DRAND COCK STREET. i1C -FOUR) 2 1/1' BRASS DISC SIAMPED'JEPT OF TRANS. LS 443Nf, RUSH, PER PMB 230/IDO-163, ACC AS C BC It - AOUVJ 2 I/i BRASS DISC STAYPEO'DEPT OF TRANS. S 4430. 55.22.80', RUSH, PER PMB 230/100-!03, ALL. AS C E C 11 - FOUND 2 1/C BRASS DISC STAMPED -DEP-. OF TRANS, LS 443D, FLUSH, PER PUB 230/100-103, ADC. AS C BC 27 34 P.M. 25448-1 PMB 191/18-21 13 -FOUND 2' 1P. TAGGED RCE 25658. RUSH. PER PMB 230/100-103 d PMB 191/18-21, ACC. AS NW CDR LOT -OF PER PMB 191/18-21 14 - FOUND 2. 1 P. TAGGED RCE 32182. RUSH, PER PUB 230/100-103. ACC. AS NE COR. LOT 'Er PER PMB 130/'00-TO3. FIE] - FOUND 7 I P., TAGGED RCE 32182. F--jSH. PER PUB 2.30/100-103. ACC. AS NW CDR LOT -Er PIN PM8 230/100-103 16 -FOUND 1' :P. NO TAG, ON. 08', BFNT, IOCATFD BASE ACC AS !N%RSECTON E/W CENTER SEC UM AND SOUTHERLY UP RR, R/W, PER PMB 191/'8-21 17 1 FOUNO 2' 1 P., TAGGED RCE' 32182. RUSH, PER PM8 230/1 DO-103. UNLESS O'HERWSE NOTED. I\M4YRTA \w WT A 5-II.IS tE S oti b 4, di .fit ,( Ot1`'yl\ 1 � vy bp;y M1,3o VJ t \�� C'� �Qo�e S}• �, 1, „:��:w"� � � , 0E\,a0� OHO J\1\t� t "77+�' �J\. � �`R•`F' ?�� �o Jr ��Q-�?�' OAS t �f'°r v'sr� ♦ "¢�' db i V LLi 8 5�• 1 — MERSTATE 10— —`4 — $ UNION PACFlC RAILROAD s N N3'27 W $16970, 4 1{19_19_ 2161.R3' —rE—_------- ___ __ _ _____________ ____----___--________- ____ LOT �J eaa' ti W--------------- — , l 1 — ;`QPpA ®n6l OQ��� Q�,. Q©,fib .` " fig• 1 i 1 j .� •\ ' \ �t`8 b •� P a-R.5620 `00' ``` i�.,s � �,i i i �@`4^t,�• , rb `� Qp� L.36.51' 4i C6 i F' Cg s s Y; '% �`y\ gadt,�: t i•q e �� R.17�6. 00. i+658. 32' 59.� N 5t'32'I1* W' 554121' N �T I yi N 51"32.11' W 750.3T � 2 17 aJS 9 o P 6A 2a p.1.52 L a`5 E sa n. `L f/)CN 5.'32'1 i W 5s1.21' C6 i`\ \ \ 3 �� e� \ � N 3r `�� ` �r Jmi Im rJ o'Q�' �'°J ,f\ cr0 . yS dye $ �: ,. K d \+j• bl Aeq e�. J �gl �,F\ i q6Plb fYQWa `�V1�1}9S / �C's ti !Rig: inbnA \ZiS� �,1Y c• �/ C,2 $k .14 G<t,.pG90 lz efy �d! � ��,{��•'g`?. '+'g s) � N 1 je �4 P. �o S �4 E J CZE' �.ta yt� f. 110 01� N 5f32'27 W _—� 14TERSTATE 10 — /\ N 5x31.2Y w E UNION PACFIC RALROAD 5a'32'2Y W 5169.70' lOi 'B' PARCH -MAP- NO. 34211 1 M8 230/100 103 _ _ *aGEO Ob&ls a o 26 ( m° j� I g rU Q 0, b 1 (� I 9 DEStGNATED REMAINDER j t a QO� O� W i RnSFN� 0s�"uF r I PARCEL MAP NO. 34211-1 I 411 l i i MB 230/100-103 4— — 43- 31' O- R.1445 -----' l 591 15 401 e L20. `® 59 se 1 4d1.51' cd 6 0 *aG�` P Fb N veracw`*, N 54-3711' W 541.21• NR�iT02'_tpgC 11`1 Q'Q O�'�j'b� 7 N 54'11'i t' W n0.lr �-^' ...� !'� '2'2 QO �� \$ "SJ p N sfIll I' W 541.11' AH Cd : �.o`� k iLGF,�' �. aaO' ' 1 < �tyW?4 ?s,r'c tom , tf, t DN9tiORE DRIVE t� Wi \r A po �tL4 g wit r `yG��a i 1 r� I z' to �1S}3 �4 41' 2t p.1975'LO' 1.i 71220. s 4 �(` y�// .,h' o �k W1/'I I' [ 5 �T93'S•i �a2'2tl.__.21 R.IOpp.W l6. �`6j r / p4/ \ —`- \zs try ss. 19. b QP�G4- e .0 S QOQ 0 56 S��tS IN THE CITY OF PALM DESERT, COUNTY OF RNERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36792 BEING A SUBDIVISION OF PORTIONS OF THE SOUTH HALF OF SECTION 28, AND THE NORTH HALF OF SECTION 33, ALL WITHIN TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. MDS CONSULTING JANUARY, 2015 STANLEY C. MORSE L.S. 3640 I LINE I BEARING I LENGTH LI RAO N 4700'OLY E 195.00' L2 N 47'DO DT E 1 102.69' L3 RID N 703'09' w 1 51.74' 77.. rr L4 N 89'13'34' IN 1 25,84' LS N S1322 E 25.84 rb n22Y n` —N s'w so' =6TT '38' E 4000' 8 \ 2Y w 0.02' SCALE: 1 - 16C- 2Y w 2.40' 47'J4- E 17__'3f E 71 45Io 01' E 7635' �4�\!0' \ 1S PARCEL 9 a SHEET 7 OF 7 SHEETS CLIME TABLE DELTA RADIUS LENGTH 104'00'16 73.DO' 1325157DO OT 7300' 6626'3639't8- 60.00' 38.39'2036'00' ERA 3MOO 120.506349'2T 264.00' 294.07 1759'30' 1682.OD' 38139BJ20'31' 264,00' 384015650'25' IN D04 33333' 752'22' 1075,00' 53.90' CIO 2709'57' 336.D0 159.31, Ctt IC30'13' 264.00 66 B3' C12 55'33 Os' 60.00 58.17' C13 W12'5Y 73.00' 86.91' C14 2104'D7 264.00 97.06' CIS 5650'25' 1 30000 297.61' C'.6 5F59'27 30000 293.17' I— C17 609'3Y 64b 00' 14825' C18 55.33.O 6O.DO' 58.17' C19 1 3639'19' 1 6000' 3B.39' \ 27.00 AC. 4. POR. PARCEL B PMW 03-04 INST. NO. OJ 60548 N1 \ 'yti 'y��`'d j f \ rw 4, �j PARCEL 8 4` E 10.00 AC. a`.'� °16 9o�w,;c C1C2''C19C \�oJsz a F�p�4„ei6e j81 a.3oo oc`� �`Bz "1 3 13 �•►Ol & PARCEL 4 bbEi` 9 9 71• 4' 7 _ — — — \\4�P�. 1 _ — —_ % •�,\/ Q'`/ PAR A PARCEL 7 14.97 AC. \pro \ POR. PARCEL B PMW 03-04 BUST. NO. 03-60548 PARCEL KIAP NO. 31730 II PMO 211/63.75 PARCEL 6 12.28 AC. � J ee. \ \ 4a' H \ PAR 4 f ` DETAIL 'A ' NCT TO SCALE N a PMW 03-04 SEE DETAIL 'A / e INST. NO. 03-60548 a BELOW LEFT HEREON S2 RAD _ 1 °A7+- N_uw 8(743•p� � y euw � 8 PARCEL 5A•s02'or $. 3.51 AC. L-147.83 s N I.1705 E t 15s IB' a `O N 17 763 6 i / 21. RAU N 8758'1Y E V 1 6+I'10'1 L.4919' 1 N 06 RAO '•7'2B' L - ' � _/ I �- .o I -- r 1 PAR. 1 b�I PAR 22n ..I y Y1 I ry A4 P. •� CCy1J ,\5 L V 76. ]2' N 864731' W 558.36' Mho RI - 8 9 NOTES: SEE SHEET 3 FOR V1CINTY MAP AM EASMST NOTES. SEE SHEET 4 FOR BASIS OF "NGS, SLR+EYORS NOTES AND MONUMENT NOTES. {44.m,.w4r.�w sn r 4-11-i6 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: ,20 NAME OF SUBDIVIDER: Palm Desert University Gateway, LLC (referred to as "SUBDIVIDER"). NAME OF SUBDIVISION: The Millennium "SUBDIVISION"). No. of Lots: (referred to as TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (referred to as 'Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: May 20.2015 (referred to as "Improvement Plans"). ESTIMATED TOTAL COST OF IMPROVEMENTS:$ 2,906,577.00 ESTIMATED TOTAL COST OF MONUMENTATION: $25:000.00 SURETY: BOND NOS: 4399817 SURETY: SureTec Insurance Company -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: (TM No:36792 ) This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the SUBDIVIDER. RECITALS 72500.0O00( i7,1009.2 -1:i01(j SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: (referred to as "SUBDIVIDER") NAME OF SUBDIVISION: "SUBDIVISION"). ,20 No. of Lots: (referred to as TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (TM No: ) (referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: (referred to as "Improvement Plans"). ESTIMATED TOTAL COST OF IMPROVEMENTS:$ ESTIMATED TOTAL COST OF MONUMENTATION: SURETY: BOND NOS: SURETY: -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. RECITALS 72500.00001 5753099.2 430 15 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. 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. E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by 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 72500.00001.5753099 2 - 2 - 43015 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. 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 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. 72500.00001\5753099.2 - 3 - 4 30 15 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 rightsof-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. 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, 72500.00001.5753099.2 - 4 - 4 30;15 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: 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 extension of time to SUBDIVIDER. 72500.0000 1`5753099.2 - 5 - 4'30-15 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 the additional amount of 50% of the estimated cost of the improvements; and 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) fora 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 72500.00001 5753099.2 - 6 - 4 30 15 and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Cleric, 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 improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b. 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 the shops wherein any work is in preparation. Upon completion of 72500.00001`5753099.2 - % - 43015 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 72500.00001 \5753099.2 - 8 - 4.30'15 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 six (6) months after completion and acceptance of the work, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens 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. 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 72500.00001 5753099.2 - 9 - 430:15 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. 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 72500.00001\5753099.2 - 1 0 - 4,30 15 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 forbreach 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. 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 72500.00001 •,5753099.2- 4 30/15 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 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 72500.000016753099.2 - ) 2 - 4,30: 15 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. Injury 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 72500.00001 �5753099.2 - 13 - 4'30;15 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: 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 72500.0(1)01 5753099.2 - 14 - 4,30 15 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 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 72500.(H)001 5753099.2 - 1 S - 4.30 15 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 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 72500.00001.5753099.2 - 16 - 430:15 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. 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. 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 six (6) months after the date of this Agreement. 72500.00001`,57530992 - 17 - 4'30- l 5 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 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: 72500.00001 5753099.2 - 18 - 4 30%15 72500.0000 1`6753099.2 - 19 - 4 30-15 Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to SUBDIVIDER: Palm Desert University Gateway, LLC 30875 Date Palm Drive Ste C Cathedral City, CA 92234 Attn: Theodore M Seldin Notice to SURETY: SureTec Insurance Company 952 Echo Lane Ste 450 Houston, Texas, 77024 25. Compliance With Laws. 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. To the extent improvements to be constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder are considered to be a public work requiring the payment of prevailing wages and compliance with other prevailing wage laws under Labor Code Sections 1720 et seq., SUBDIVIDER shall cause the contractor and subcontractors to pay prevailing wages and to comply with all other prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations and comply with any other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the 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 law. 26. Severability. The provisions of this Agreement are severable. If any 72500.00001 .5753099.2 - 20 - 430/15 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 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. 72500.00001% 5753099.2 - 21 - 43015 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. Palm Desert University Gateway, LLC SUBDIVIDER SUBDIVIDER CITY OF PALM DESERT MAYOR (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: ITY CLERK APPROVED AS TO FORM: C ITY ATTORNEY 72500.00001 5753099.2 - 22 - 4 30;15 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 Zae irs i d' } On /'y7as-i 2 6> , 20 IS , before me, KIcLAA,yL f44As e✓^ a Notary PL9blic, personally appeared Zbp.o dote M. Se"'a 1 who proved to me on the basis of satisfactory evidence to be the person(t) whose name( is/aXe subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/he4their authorized capacity(i%&�, and that by his/her4th r signature(* -on the instrument the person), or the entity upon behalf of which the person*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. KAREN IIANSEN Commission # 2052600 L,,.MY Notary Public - California Z Riverside County Comm. Expires Jan 16, 2018 Signature wip