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HomeMy WebLinkAboutTT 15734 TT 15735 SHADOW MOUNTAIN RESORT 1980 V n ( f November 26 , 1980 0 City of Palm Desert Department of City Planning 45275 Prickly Pear Lane Palm Desert, California 92260 Re: Shadow Mountain Resort Share Lots 2 and 4 of Tract 5277 Gentlemen: This letter is written to satisfy a requirement of the Department of Real Estate of the State of California that there be attached to its new RE Form 668-A a letter to you advising you that it is the undersigned' s intent to dedicate the above-referenced property to timesharing use. Very truly yours, L & L Enterprises, a California joint venture By: Ted Lennon, Managing Partner r INTEROFFICE MEMORANDUM City of Palm Desert TO: CITY MANAGER AND CITY COUNCIL FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: REQUESTED EXTENSION OF TIME FOR DATE: DECEMBER 11, 1980 TT 15734 AND 15735 The City Council at its last regular meeting continued the Public Hearing on this matter to enable the City Attorney to determine if the applicants have filed their time sharing proposal with the Department of Real Estate. Since that meeting, it has been determined that the applicant has filed his proposal with the Department of Real Estate. In addition, the applicants have filed a letter with the City Clerk withdrawing their time extension request. The applicants have also requested approval of final tract maps for TT 15734 and TT 15735 and will be considered by the City Council under New Business. STAFF RECOMMENDATION: Since the applicant has withdrawn his request for the time extension, staff recommends to the City Council to close the Public Hearing and accept the applicant's withdrawal ; no further action is required. MON A. DIAZ DIRECTOR OF ENVIRONJ NTAL SERVICES 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 December 8, 1980 Shadow Mountain Resort and Racquet Club ! 73-850 Fairway Drive Palm Desert, California 92260 Attention: Mr. Ted Lennon Subject: REQUEST FOR TIME EXTENSION ON TRACT NOS . 15734 Gentlemen: At its adjourned meeting of December 4, 1980, the Palm Desert City Council did continue the above referenced item to the meeting of December 18, 1980, with Mayor Pro-Tem James E. McPherson absent. You will be receiving an agenda prior to the meeting of the 18th for your information. Sincerely, - { + ?,;SHEILA R. - GILLIGAN M UU CITY CLERK SRG/dc INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: TT 15734 AND 15735 (TIME EXTENSION) DATE: November 24, 1980 (1 ) All previous conditions of approval shall apply. (2) The grate inlet at the northwesterly corner of the site shall be relocated to intercept all nuisance water. BAR�C�A� DIRECTOR OF PUBLIC WORKS BM/ms NOV 2 5 1980 Ui.Y Ur OLSERT • 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR AM 18 MONTH TIME EXTENSION OF AN APPROVED ONE (1 ) LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 (TIME EXTENSION) NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a one (1) lot Tentative Tract Map to allow the conversion of an existing hotel building to co-op ownership (21 units) on .31 acres .within the PR-7 (Planned Residential , maximum density 7 du/ac) zone, located within Shadow Mountain Resort and Racquet Club, at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: . APN 627-430-002 o R I v E it I I I I I I I E \ ]ITT IR Oi �1E [T < CN:CO.Y ]TRE TT T R C E T t573 - iYE BERG, I TPE ET ®- M G�0 3 ' SAID Public Hearing will be held on December 4, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA p, GILLIGAN, City Clerk City of Palr! Desert, California PUBLISH: Palm Desert Post November 20, 1980 TO - FROM SUBJECT Date I M E S S A _ Signed v REPLY I Signed - Date SEND PARTS 1 AND 3 WITH CARBON INTACT -PART 3 WILL BE RETURNED WITH REPLY DETACH AND FILE FOR FOLLOW-UP , �rv:4%!,•�t9i.M'e?nR<-^�Se?.wsRsc•.mv:aw--r eE?coon.:%w>;r.'A:.•.-,•-.n..ys..^+ro.;�ti.�i._�.-:i.'-qr�+.; v ,x a� 'rho C NI.1o1.S slw�o 44 -73gi �otJD -�v� 33 c.a2po�2-t's b�.Sed Ok) FT. .- r - + . t � .k ji I ¢ w--..• i e r *".t r al s�'N.rn �� .r... .v!. a .�'1, `iY,'�th"�rrr.('`'.1y c.r,�.+mlw�f,.,i�,rZf�¢.�.(�� lq th?'1 v�, rv,w,?, �'� i ¢t L � �.} l 1 F ti •n�iy �,,�.}♦ tC' `�t.�,_s rr"-'�---� c'�._vet, Y .� 1 „�+'?-.. �. 'Y.I'(i'b ?�.- S'�a ��^'!'`:�•�'Y..i:"'.'.-'!1";¢�ti''p1+'asi`t.av�.v"'�.�6=�`�'Z_T.��-:F 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO: TT 15734 AND 15735 PROJECT: Tentative Subdivision APPLICANT: Shadow Mountain Resort and Racquet Club Enclosed please find materials describing a project for which the following is being requested: An 18 month Time Extension of two (2) approved one (1 ) lot Tentative Subdivision Maps, to allow a stock cooperative consisting of 33 units in two existing buildings located within the Shadow Mountain Resort and Racquet Club, within the PR-7 (Planned Resdiential , 7 du/ac) zone located at 73-850 Fairway Drive, more particularly described as: APN 627-430-002. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals , parks, power gener- ation, sewage treatment, etc. ) . Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. November 24, 1980. Recommended conditions of approval will be forwarded to the City Council through the staff report. Any information received by this office after the receipt deadline, will not be forwarded to the City Council for consideration. Sincerely, Stan Saw Associate Planner SS/pa PLEASE RETURN MAP WITH COMMENTS CIRCULATIUN LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps, CUP'S, GPA' s, etc. : REVIEW COMMITTEE: Palm Desert Director of Environmental Services - Ramon Diaz J4.2. Palm Desert Director of Building & Safety - Jim Hill 3. Palm Desert Director of Public Works - Barry Mc Clellan Palm Desert Fire Marshall - Eric Vogt 5. Palm Desert Redevelopment Agency Consultant - Les Pricer 6. Robert P. Brock Office of Road Commissioner and County Surveyor . Administration Office Building, Room 313 46-209 Oasis Street Indio, Calif. 92ZO1 (Phone: 347-8511 , ext. 267) 7. M. A. Ferguson Imperial irrigation Dist. Power Div. P.O. Box 248 Coachella, Calif. 92236 (Phone: 398-2211 8. Lowell 0. Weeks General Manager - Chief Engineer Coachella Valley County Water District (C.V.C.W.D. ) P.O. Box 1058 Coachella, California 92236 (Phone: k714) 398-2651 ) 9. R. J. Lowry Project Development Services California Department of Transportation P.O. Box 231 San Bernardino, Calif. 92403 (Phone: 1714- 383-4671 ) 10. Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, Calif.. 922/0 (Phone: 345-2831 ) 11 . Director of Planning City of Rancho .Mirage 69-825 Highway III Rancho .Mirage, Calif. 92270 (Phone: 328-8871 ) 12. Kermit Martin Southern California Edison Company P.O. Box 203 Palm Desert, Calif. 92260 .(Phone: 346-8660) 13. Al Doody, RC6003 General Telephone Co. P.O. Box 2920 Pomona, Calif. 91766 (Phone: ) 14. R.W. Riddell Engineering Department Southern California Gas Company P.O. Box 2200 Riverside, Calif. 92506 (Phone: 327-8531 , ask for Riverside extension 214) . 15. Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, Calif. 92201 (Phone: 34/-4071 ) 16. Dick Wolford Palm Desert Disposal Services, Inc. 36-711 Cathedral Canyon Drive P.O. Drawer LL Cathedral City, Calif. 92234 (Phone: 328-2585 or 328-4687) 17. Robert Lawman President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, Calif. 92260 (Phone: 346-6338) 18. Regional Water Quality Control Board 73-271 Highway 111 , Suite 21 Palm Desert, Calif. 92260 (Phone: ) 19. Harold Housley, Foreman/Mails U.S. Post Office Palm Desert, Calif. 92260 (Phone: 346-3864) 20. Joe Benes Vice President & General Manager Coachella Valley Television P.O. Box 368 Palm Desert, Calif. 92260 (Phone: 346-8157) 21 . Don Mc Neilly Palm Desert Chamber of Commerce 74-004 Hwy. 111 Palm Desert, Calif. 92260 (Phone: 346-6111 ) 22. Kevin Manning Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, .Calif. 92201 (Phone: 347-8511 , ext. 277, 278, and 279) 23. James Whitehead Superintendent - District 6 State Parks and Recreation 1350 Front Street, Room 6054 San Diego, Calif. 92101 (Phone: (714) 236-7411 ) 24. Robert I. Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 El Paseo Palm Desert, Calif. 92260 a`- CITY OF PALM DESERT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: Approval of two Tentative Tract Maps which would provide for the conversion of two existing multi-family residential buildings to cooperative ownership, within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone located within the Shadow Mountain Resort and Racquet Club development, east of San Luis Rey Avenue, and south of Shadow Lake Drive. III . CASE NOS: TT 15734 and TT 15735 IV. APPLICANT: Shadow Mountain Resort & Racquet Club 73-850 Fairway Drive Palm Desert, CA 92260 V. DATE: December 27, 1979 NI . CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Resolution Nos. 79-152 and - 53• D. Planning Commission Meeting Minutes involving Cases TT 15734 and TT 15735. E. Planning Commission Resolution Nos. 555 and 556. F. Planning Commission Staff Report dated December 4, 1979. G. Related maps and/or exhibits. ----------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution Nos. 79-152 and 79-153, approving Tentative Tract Nos. 15734 and 15735, based on the justification contained in said Resolutions. B. DISCUSSION: As reflected in the attached Planning Commission Minutes of December 4, 1979, the main area of discussion pertained to providing covering for 33 parking spaces as required by the Municipal Code if the proposed coopera- tive units are categorized as apartments . The applicant requested that he be permitted to construct the carports during the summer off season, rather than immediately. The Commission amended Special Condition No. 1, allowing construction of the carports within one year of recordation of the Final Map. There was no audience participation or comments . Upon motion made by Commissioner Berkey, seconded by Commissioner Kryder, Case Nos. TT 15734 and TT 15735 were unanimously approved with Special Condition No. 1 amended as stated above. RESOLUTION NO. 7q-1S2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of December, 1979, hold a duly noticed Public Hearing to consider the request of SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: APN 627-430-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32" , in that the subject project has been found to be a Class 1, Categor- ical Exemption, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments , if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of develop- ment proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 15734 for the reasons set forth in this Resolu- tion and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 27th day of December, 1979, by the following vote, to wit: l AYES: JI NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RESOLUTION NO. 79-15" Page -2- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15734 1. The development of the property described herein shall be subject to the to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force'. 2 The C.C. & R' s for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to re- cordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (Which have been approved) . C. Management and maintenance agreement to be entered into with the owners of the units of the project (Which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 4. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. 5. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. As adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . l 7. Prior to recordation of the Final Map, the developer shall furnish I the orignal and three (3) copies of the water system plan to 1 the Fire Marshal for review. 8. All requirements of the City Fire Marshall from his letter of November 27, 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 15734 is in accordance with the requirements prescribed by the City Fire Marshal ." 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- ship purposes. 12. The applicant shall have twelve (12) months from the date of the approval or conditional approval fo the tentative map for filing of the final map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council . 13. Drainage and Signalization Fund contributions as required by City l Ordinance shall be made prior to recordation of the Final Map. J RESOLUTION NO. 79-159 ~ . Page -3- SPECIAL CONITIONS 1. The subdivider shall provide for covered parking spaces as required by Section 25.58.230 of the Palm Desert Municipal Code, in addition to that which already exists, and in addition to that which is now required for the condominium units on the lot where parking facili- ties are located, to the extent necessary to satisfy the said section, _ prior to recordation of the Final Map. The applicant may bond for the installation of the additional covered parking within one year of the recordation of the Final Map. 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the subdivision, granting use of parking and recreational facilities, and other matters related thereto to the Director of Environmental Services for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant' s Signature RESOLUTION NO. 79-15_ Page -4- ; DEPARTMENT OF FIRE PROTECTION T w✓^.. 4j 1T z f IN COOPERATION WITH THE Y COUNTY - .} '�_-'' � CAL IFORNIA DIVISION OF FORESTRY ,� ,ri'id P!VER S19F / DAVID L. FLAKE P.O. BOX 248 COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 November 27, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Tracts 15734 & 15735 Dear Mr. Williams, If standard improvements are required, the developer will be required to upgrade the water system to current standards. David J . Ortegel Fire Marshal DJO:dt J 5 RESOLUTION NO. 79-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED APPROXIMATELY 370 FEET WEST OF THE INTERSECTION OF MOUNTAIN VIEW AVENUE AND FAIRWAY DRIVE. CASE NO. TT 15735 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of December, 1979, hold a duly noticed Public Hearing to consider the request of SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately . 1 acre within the PR-7 (Planned Residential District, max. 7 d.u./ac. ) zone, located approximately 370 feet west of the intersection of Mountain View Avenue and Fairway Drive, more particularly described as: APN 627-430-004 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32" , in that the subject project has been found to be a Class 1, Categorical Exemption, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of .all persons desiring to be heard, said City Council did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. l 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. J1 3. The site is physically suitable for the type of develop- ment proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 15735 for the reasons set forth in this Resolu- tion and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 27th day of December, 1979, by the following vote, to wit: AYES: NOES: J ABSENT: ABSTAIN: EDWARD D. MULLINS, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RESOLUTION NO. 79-15' Page -2- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15735 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tion to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. The C.C. & R' s for this development shall be submitted to �the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . C. Management and mainenance agreement to be entered into with the owners of the units of the project (which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 4. Area shall be annexed to appropriate Improvement Districts having juris- diction over the subject area. 5. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings: An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 7. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review, if it is required to be upgraded. 8. All requirements of the City Fire Marshal from his letter of November 27, 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 15735 is in accordance with the requirements prescribed by the City Fire Marshal . " 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- ship purposes. 12. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the Final Map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council . 13. Drainage and Signalization Fund contributions as required by City —J Ordinance shall be made prior to recordation of the Final Map. J RESOLUTION N0. 79-15_ a,,, Page -3- d SPECIAL CONDITIONS 1. The subdivider shall provide for covered parking spaces as required by Section 25.58.230 of the. Palm Desert Municipal Code, in addition to that which already exists, and in addition to that which is now required for the condominium units on the lot where parking facilities are located, to the extent necessary to satisfy the said section, prior to recorda- tion of the Final Map. The applicant may bond for the installation of the additional covered parking within one year of the recordation of the Final Map. 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the subdivision, granting use of parking and recreational facilities , and other matters related thereto to the Director of Environmental Services for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant' s Signature RESOLUTION NO. 79L)-, Page -4- DEPARTMENT OF FIRE PROTECTION _ IN COOPERATION WITH THE if L'.V'TY CALIFORNIA DIVISION OF FORESTRY I DAVID L. FLAKE P.O. BOX 248 c COUNTY FIRE v1ARDEN 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONEE 17:CI 667-3183-3183 November 27, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re : Tracts 15734 & 15735 Dear Mr. Williams, If standard improvements are required, the developer .will be required to upgrade the water system to current standards. David J . drtegel Fire Marshal DJO:dt ,r MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 1979 Page -4- VI . P/made HEARINGS (conti ued) Mr. iams presented this case describing the location of the project pointing out t t the tentative map conforms with the plot . plan whias approved pr viously by the Planning Commission, with some chathat were re uired by the Conditional Use Permit approval . He then ewed the sug ested conditions and recommended approval . Chan Snyder a ked if the applicant cared to make a presentation. DUABRICKER Applicant, P.O. Box 817, Redondo Beach, was present and avaie for y questions. Chan S der opened the Public Hearing asking if anyone present wished tea in FAVOR or OPPOSITION to this case. There being none, the Public Hwas closed. Upotion made by Commissioner Miller, seconded by Commissioner Kryder, No. TT 15630 was approved by adoption of Planning Commission Resolutio. 554, subject to conditions. Carried unanimously (4-0) . F. Case Nos. TT 15734 and TT 15735, SHADOW MOUNTAIN RESORT AND RACQUET CLUB, Applicant Request for approval of two Tentative Tract Maps which would provide for the conversion of two existing multi-family residential buildings to cooperative ownership, within the PR-7 (Planned Residential , Max. 7 d.u./ac. ) zone located with- in the Shadow Mountain Resort and Racquet Club development. east of San Luis Rey Avenue, and south of Shadow Lake Drive. Mr. Williams presented this case noting that under recent State Legislation, Stock Cooperatives must be reviewed by the City as a Tentative Map. He reviewed the parking analysis which showed a difficiency of 33 covered spaces to be covered, but that the required number of spaces were being provided. He expressed a concern for the parking and amenities, which are not located within the subdivision boundaries, but are provided by means of access and easements. He then reviewed the special conditions and recommended approval to the City Council . Commissioner Kryder asked if the parking spaces would be used for other uses. Mr. Williams stated that it was suggested to the applicant that it be verified and met in accordance with the ordinance. It is also specified in Special Condition No. 1. Chairman Snyder asked if the applicant cared to make a presentation. TED LENNON, 73-745 Shadow Lake Drive, explained what a cooperative was and stated that he had converted others before and had proved to be successful . He believed it was not necessary to provide covered parking spaces and explained what extensive work would be involved to provide this. He asked the Commission' s thoughts in this matter. Chairman Snyder expressed a concern for the required parking spaces and asked Mr. Lennon if there was adequate spaces for the units. Mr. Lennon explained and assured him there would be more than adequate parking. Commissioner Berkey asked Mr. Williams if they were to delete the condition requiring covered spaces what else could be done? Mr. Williams stated that if they were determined to be apartments they would be required to approve a variance. Commissioner Berkey was concerned with the new state law requirement in relation to the covered spaces. Chairman Snyder suggested to leave Special Condition No. 1 in and have a continuance on this matter. Mr. Lennon asked if the improvement could be bonded to a later time. MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 1979 Page -5- Chairman Snyder stated that the solution would be to create a condition to provide for the required covered spaces with a bond specifying that it would be done within a one year period, but if at the end of the one year period it was determined that the covered spaces were not necessary they would not require it. Mr. Williams then added to Special Condition No. 1: "The applicant may bond for the installation of the additional covered parking within one year of the recordation of the Final Map. " Chairman Snyder open the Public Hearing asking if anyone wished to speak if FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Upon motion made by Commissioner Berkey, seconded by Commissioner Kryder, Case Nos. TT 15734 and TT 15735 were approved by adoption of Planning Commission Resolution Nos. 555 and 556, as amended. Carried unani- mously (4-0) . Case Nos. DP 14-79 and 189 MF, KENT LAND CO. , Applicant Request for approval of a Planned Residential Development and Preliminary Design Review case to allow construction of 34 condominium units on approximately 29.7 gross acres w thin the PR-5 (Planned Residential District, Max. 5 d.u./ac. ) zo e, lcoated at the northwest corner of Portola Avneue and Hov y Lane. Mr. Willia \. He nted this case with a review of the proposed accesses . , He added that therome question as to the setbacks between the buildingsthat had to be resolvedsign Review Board recommended approval with Special Condition requiremHe then reviewed the conditions and recommended approval with the suggestedons.Commissioney asked Mr. Williams what the required distance was between the structr. Williams stated that the ordinance suggests it be 20' but the Commisa reduced it to 15 ft. in similar uses as was being requested. Commissioney ked if the grading on Hovley Lane would be leveled? Mr. Willate the engineer was present to answer any questions relative to the grading and d\ainage. Chairman Snyder asked applicant cared to make a presentation. JOHN ABEL, Representat902 Bardeen Way, Irvine, introduced Mr. Fitch, the engineer. BILL FITCH, Engineer, & Associates, stated that Hovely Lane would be rebuilt and explained in detail h w this would be done. . Chairman Snyder asked Mr. Fitch if they were considering proper drainage in that area. Mr. Fitch repli d that being the first project in that area they were aware of the drai age problem. They do have a proper drainage system and felt it would enefit other future projects. Commissioner Miller asked where wou d the water drain to on the west side. Mr. Fitch explained specificall stating it would go two ways, west and then east. Mr. Williams noted the drainage for t e north sphere area would be discussed at the next study session meeting. Chairman Snyder opened the Public Heariy�g asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. PLANNING•,;COi-V�tISSIOiJ,RESOLUTION NO. 555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December, 1979, hold a duly noticed Public Hearing, to consider the request of SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: APN 627-430-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32" , in that the subject project has been found to be a Class 1, Categorical Exemption, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3 . The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOVI, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 15734 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of December, 1979, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder NOES: None ABSENT: None ABSTAIN: None WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION N0: 555 Page -2 STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15734 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tion to all the requirements , limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force , or which hereafter may be in force. 2. The C.C. & R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . c. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts . 4. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. 5. All on-site utilities , including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services . 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 7. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review, if it is required to be upgraded. 8. All requirements of the City Fire Marshal from his letter of November 27, 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 15734 is in accordance with the requirements prescribed by the City Fire Marshal ." 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- ship purposes . 12. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the Final Map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council . 13. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final. Map. t, PLANNING COMMISSION RESOLUTION! NO. 555 Page -3- 1. The subdivider shall provide for covered parking spaces as required by Section 25.58.230 of the Palm Desert Municipal Code, in addition to that which already exists, and in addition to that which is now required for the condominium units on the lot where parking facili- ties are located, to the extent necessary to satisfy the said section, prior to recordation of the Final Map. The applicant may bond for the installation of the additional covered parking within one year of the recordation of the Final Map. 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the subdivision, granting use of parking and recreational facilities , and other matters related thereto to the Director of Environmental Services for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT r I accept and agree, prior to use of this permit or approval , to comply with f all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use I permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant' s Signature PLANNI��G COi-;MISSIOI; R LUTICNI NO. 555 Page ,. / DEPARTMENT OF FIRE PROTECTION l��vl IN COOPERATION WITH THE - Cali TY �JL�-' CALIFORNIA DIVISION OF FORESTRY ti� 2!tE7iSIDr. w DAVID L. FLAKE P.O. aox COUNTY FIRE WARDEN 210 WEST SAN JACIM TG TG STREET .�� PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 November 27, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Tracts 15734 & 15735 Dear Mr. Williams, If standard improvements are required, the developer will be required to upgrade the water system to current standards . David J . Ortegel Eire Marshal DJO :dt PLANNING COMMISSION RESOLUTION NO. 556 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED APPROXIMATELY 370 FEET WEST OF THE INTERSECTION, OF MOUNTAIN VIEW AVENUE AND FAIRWAY DRIVE. CASE NO. TT 15735 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December 1979, hold a duly noticed l Public Hearing, to consider the request of SHADO:4 MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: APN 627-430-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32" , in that the subject project has been found to be a Class 1 , Categorical Exemption, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 15735 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of December, 1979, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder NOES: None ABSENT: None ABSTAIN: None WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION NO. 556 Page -2- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15735 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tion to all the requirements , limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. The C.C. & R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits . Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . c. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 4. Area shall be annexed to appropriate Improvement Districts having juris- diction over the subject area. 5. All on-site utilities , including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all r buildings . An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 7. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review, if it is required to be upgraded. 8. All requirements of the City Fire Marshal from his letter of November 27, 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification : "I certify that the design of the water system of Tract No. 15735 is in accordance with the requirements prescribed by the City Fire Marshal . " 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- ship purposes. 12. The applicant shall . have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the Final Map unless an extension of time of up to eighteen ( 18) months is granted by a Resolution of the City Council . 13. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. The subdivider shall provide for covered parking spaces as required by Section 25.58.230 of the Palm Desert Municipal Code, in addition to that which already exists, and in addition to that which is now required for the condominium units on the lot where parking facilities are located , to the extent necessary to satisfy the said section , prior to recordation of the Final Map. The applicant may bond for the installation of the additional covered parking within one year of the recordation of the Final Map. PLANNING COMMISSION RESOLUTION NO. 555 Page -3- SPECIAL CONDITIONS (Continued) 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the ( subdivision, granting use of parking and recreational facilities , and It other matters related thereto to the Director of Environmental Ser- vices for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth , and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services . Date Applicant's Signature PLANNING C01•MISSION RE_ -,UTION NO. 556 Page -4- -�+ DEPART LENT OF FIRE PROTECTION IN COOPERATION WITH THE i.-�". COL", CALIFORNIA DIVISION OF FORESTRY Y 11,is itnVLxsnie DAV ID L. FLAKE P.O. BOX 2=8 COUNTY FIRE WARDEN 210 WEST SAN J%-CIN7p 57f?EET PERRIS, CALIFORNIA S2370 TELEPHONE (7t4) 557-3183 November 27 , 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Tracts 15734 & 15735 Dear Mr. Williams, If standard improvements are required , the developer will be required to upgrade the water system to current standards. 61 / ! v David J . Ortegel Fire Marshal DJO:dt CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on : Tentative Tract Maps for Stock Cooperative Purposes Applicant: Shadow Mountain Resort & Racquet Club, 73-850 Fair- way Drive, Palm Desert, CA 92260 Case No(s ) : TT 15734 and TT 15735 Date: December 4, 1979 I. REQUEST: Request for approval of two Tentative Tract Maps which would provide for the conversion of two existing multi-family residential buildings to cooperative ownership, within the PR-7 (Planned Residential , max. 7 d. u./ac. ) zone located within the Shadow Mountain Resort and Racquet Club development, east of San Luis Rey Avenue, and south of Shadow Lake Drive. LOCATIONAL MAP: I^1 i i ii iii ii nii / ! IIIIIIIIIIIIIII 1l _Et 2A5 Eon= T q11 ° y� cPicc• „ PEE .. - . 77 05 E - I7 zl ' S' t¢ 1� II . BACKGROUND: A. ADJACENT ZONING : North : PR-7 South : PR-7 East: PR-7 West: PR-7 B. GENERAL PLAN LAND USE DESIGNATION: Low Density Residential 3-5 d.u./ac. C. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is categorically exempt, and no further documenta- tion is deemed necessary by the Director. STAFF REPORT December 4, 1979 Page -2- D. PREVIOUS PERTINENT CASES : - CUP 03-73, Destination Resort Management; original project approval (January, 1974) . - Tract Map No. 5277 ; final map for the Shadow Mountain Develop- ment approved by the Council on September 8, 1977 (Subject Maps are a portion of this tract) . E. MAP DEFINITION: 1. TT 15734 - contains 0. 31 acres ; consisting of 21 attached multi-family dwelling units (18 studio units , and 2-one bedroom units ) . 2. TT 15735 - contains 0. 10 acres; consisting of 12 attached multi-family dwelling units (ail studio units ) . F. PARKING ANALYSIS: Proposal involves the granting of an easement for parking facili- ties which are not contained within the boundaries of the proposed maps , but which are located on adjacent lots of the original sub- division (Tract 5277) , and which also serve, other project condominium units . TT 15734 (Lot No. 2 of the original Tract No. 5277) is proposed to be served by parking facilities on Lot No, 1 of Tract No, 5277. TT 15735 (Lot No. 4 of the original Tract No. 5277) is proposed to be served by facilities on Lot No. 3 of Tract No, 5277. Lot Nos. 1, 2, 3, and 4 contain 22 condominium units and 33 exist- ing apartments (the proposed stock cooperative units). If the proposed cooperative units are viewed as apartments , for purposes of applying parking requirements , the present Ordinance requirement would be as follows : - 22 condominium units - 44 covered spaces and 11 open bays . - 33 cooperative units - 33 covered spaces and 17 open bays . - Total Required Parking 77 covered 28 open 105 spaces - Total Proposed Parking 44 covered 61 open 105 spaces Deficiency: 33 spaces to be covered, G. RECREATION AMENITIES: Existing amenities of the Shadow Mountain Development proposed to be provided by use easement. III . DISCUSSION: Senate Bill No. 823, recently signed into law, amends the Subdivision Map Act to require tentative and final subdivision maps to be submitted to the local governing body (in this instance the City) for approval of the formation of a Stock Cooperative. Heretofore, the City would not have had knowledge of a conversion of apartments to a cooperative; the only approval required was from the State. Because this is a new subject, the City's Zoning Ordinance does not contain any special provision for cooperatives . Staff's analysis is based on a comparison of standards for apartment units. Likewise, the STAFF REPORT December 4, 1979 Page -3- III . DISCUSSION: (Continued) City's General Plan must specifically address Stock Cooperatives, to deny a subdivision map for land use reasons ; but, this does not preclude the ordinary operation of zoning regulations as to unit size, parking facilities, minimum lot -requirements , etc. The unusual aspect of this proposal is that parking and amenities are not located within the subdivision boundaries , but rather they are provided by means of access and use easements within the original sub- division of the Shadow Mountain project. A comparison with present zoning requirements also indicated a need for additional covered park- ing, which would mean the construction of 33 carports (see Special Condition No. 1, relating to this subject) . IV. STAFF RECOMMENDATION: Subject to application of normal subdivision requirements and based on the justification contained in the draft Resolution: Recommend approval to the City Council of TT 15734 and TT 15735, by adopting Planning Commission Resolution No(s ) 555 and 556 , subject to conditions . • � -- `s'" - /N Tiff C/TY OF P.�LM o�✓`C�J cA[/FOR/v/a J/1E� G L>F C Jdct/:� ' _ ' •• I�rAG A JU6P'✓i.f>a•v cV"A Po.CT a.v Pf�l•IF/i A!JSCJ>nN ;�� �rmw !O, TS-Jy •C.GE JOO. �M ai;' • :•+ ^I�,,,,�,;, w>,..�:�--�:� f'ae• con/ocirarivrunaP i' •.�,r• ,, w ~.t: ,a',r J N I•s�/•[� r �--o—�w—�<a �.lr J , /I =!'\`I 1 lh /pI N S ' • U�r<1 MJ"ru/ti<NA1 fa:.n'J NJ NJ J/D t bU ` • �Orl1 rG4-✓/-'J .//•� 'A-r`r.'w✓+ N/J IYF_ M M � 7 V � ! , 1" TL,IJ/S l/O d//d'J NNIJ Ar/a'NOn'J' NNP .36 jj 9 C` •�- A \ T{,JS>T'r.`fJ. .cV/1G'SJ • _ �� di -t /t •.,� ,\ • (y YOT61 f0✓^'•'> JTO J'NJNun,<NJJ /<{ ' yNo rrs </✓ co. Jr/r -r,-roN✓•wcNT1 !Z r /�I-J to •.�'., xr TnaJrO L.J. ✓r✓c / `ra o xm,rL1 t•r r' cJ Sr0 :f'r,J.viIMLNrJ iCJ ail ,, y,'•<.t'/ ✓ ir.lu' ' 4 l'... • ar.wrrl <1...?rn c.r G T.w<.f i is .s<T ..�• 'S- 2'.+C«O�✓oo0 JTAn'�J Xr Pr iaL< Lor tN �� I! LOZa� ;1''(, 4 '2_i• COLn'ceJ >NJdIO L...f.J/./J. Un a...:i 2`a L71 ee/✓-Je NJ re19. ,,r'.' N .v1 . �, o' "•„ _, 4 4 % .cost...>i.N ThY a'..! .r rJ f c."�, ✓'° `���4.� 9 i '�l� >Ne cl.ve< a✓e acL:s.G � LliQ11L Of rNrJ T<dCT 0// /•�� 6•` 4, _'�'a�y \t, L t'•,t't dG9J/.J Of'�7Jf]•L'/NG3 r L I!' ° Y�•c L 5� S 't, 1 `r✓ lL � <.V. a:>}l a• s<<.N�J .::,ri.z.n ..) K</sSi�� It h �i Q,'' 0.Z �'1 J '�-y -. lSt �' W� <i.N.'. >T:�.t n+uNS OF A/t•l rrt,W n�/n'i - _ ``• �NJ�, y �� Q t n<J. ✓S4D',rrfd(J�1 J t✓Co<c�'jJ CY ' ,r—_ ]7/+ . .ni, -.o_e/M:.n L t ! 6 1 " 7 .. 1�• /. w"r` - " .' /''.''.< •�t . , �l•;:::'� - ITt �'e•> / LOT t '' G�f-� �!�•, ��..rJ � '� ( � •.�.,• i.Y1,J 41LII.. iAl, l: 3700 CENTRAL AVENUE RIVERSIDE, CALIFORNIA R.W.RIDDELL Eastern Division Distribution Planning Supervisor Mailing Address P.O. BOX 2200, flIVEfl SIDE, CALIFORNIA 9251fi November 23, 1979 Location of Nearest Gas Main: In Portola Avenue City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: TT 15734 & TT 15735 This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent: is to notify you that the Southern California Gas Company has facilities in the area . here the above shamed project is proposed. Gas service to the project could be provided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made . The availability of natural gas service , as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdicticn of the California Public Utilities Commission. We can also bo affected by actions of federal regulatory agencies. Should those agznnestake any action which affects gas supply Or the condition urte'r Whit? service is available, gas service will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further informations on any of our energy conservation programs , please contact this office for assistance. � ( yr 4 - �I S+.L3G fitr72Tn�C['Ci �' November 5, 1979 Y' ttcevcmran, ._... smmaaP .4'M1]PfA REP9Qn�WSWRY0PMI P YN 9L^Wldl)MNQQYIIQ{8'. �,r�ef¢aQrLmrnws,- > ^f9 -awNnQmm©r y R caavo Mr. Murrel Crump +�. Planning Department + ¢ © ® City of Palm Desert 45-725 Prickly Pear Lane RESORT Palm Desert, California 92260 AND RACQUET Dear Murrel: CLUB 73-850 Fairway Drive RE: Tentative Subdivision Map Application Palm Desert, California 92260 Shadow Mountain Resort & Racquet Club Telephone (714) 346-6123 Tracts 15734 & 15735 Palm Desert Venture, Ltd. the legal owner and developer of Shadow Mountain Resort and Racquet Club has submitted to the Department of Real Estate, an application for a stock cooperative. The stock co- operative will consist of Tracts 15734 & 15735 and the existing improvements thereon. The existing improvements to be converted to this new form of owner- ship consist of 33 units in two buildings. (Approximate age 15 years.) (See attached Site Map.) No additional improvements are necessary. The buildings are connected to the Coachella Valley County Water Dis- trict sewage system. All parking is in. There are no tenants in these structures to be evicted. Parking for the existing buildings to be co-oped is provided by ease- ments of record on Tract 5277 , Lots 1 & 3. See attached example. The pedestrian easements as well as vehicular easements are also of record. The co-operative will have an agreement with the condominium associa- tion and Palm Desert Venture, Club Owners for use of amenities and com- mon facilities as well as common maintenance. Tract 5277 , Lots 1, 2 , 3 , & 4 consist of 22 condominiums and 33 apartments. Total covered parking requirements = 44. (22 X 2) Total uncovered parking requirements = 60.5 (22' + 33 X Ili) Existing parking = 44 covered and 61 open. Protective covenants proposed to be recorded are attached. Destination Resort Management Corporation, managers of Shadow Mountain Resort and Racquet Club for the past five years will continue to man- age the stock cooperative. Destination Resort Management, Inc. is a subsidiary of Lowe Development Corporation, General Partner of Palm Desert Venture, Ltd. Palm Desert Venture, Ltd. believes that the con- version to a stock cooperative will have no effect on the city or the local community and is consistent with the development plan and zoning presently in effect. The property immediately surrounding the above tracts is used for condominiums. e Destination Resort Management, inc. Other Resorts:The Gant-Aspen,Colorado • Coeur du Lac-Lake Tahoe, Nevada �.Mu/rel Crump mber 5, 1979 Paye 2. Senate Bill, Number 523, a new bill designed to empower cities to bet- ter control conversions of existing apartment houses, states that a tenative and final map is required to complete a conversion. Cooperative conversions still require a Final Public Report from the Department of Real Estate. Palm Desert Venture, Ltd. has completed its filing with the Department of Real Estate and awaits only city approval. Palm Desert Venture, Ltd. is looking forward to finishing its final phase of development now under construction. This last phase will com- plete our development potential of this property. Palm Desert Venture, Ltd. will continue to own and operate the commercial facilities and amenities to include an on-going hotel management. Lowe Development Corporation, along with myself, look forward to main- " taininq Shadow Mountain Resort & Racquet Club as a national resort, one the City of Palm Desert can be proud of. Thank you for your prompt attention to this matter. Sincerely, �j ✓-ram 2- Ted R. Lennon Vice-President Lowe Development Corporation cc: Paul Williams Robert Lowe : ry _ a>z .I'1'1 11 1 1 I l I''I 1 1'1 11 .,77T1-Ih=1�ITl 71 - T-1,-71 `fA6 'l 11-11 GII November 20, 1979 � \u�LUQ-1LlA - 2i111Pr.:1 ' Ll@I'I7'�GIC\ " L91S..1Ci[il •.a l"P ]MUMMalearenrOUr" nrlra Mr. Murrel Crump Plannning Department ' "._It City of Palm Desert 45-275 Prickly Pear Lane II Palm Desert, California 92260 RESORT AND RACQUET Dear Mr. Crump: CLUB RE: . Shadow Mountain Resort Co-op Conversion 73-850 Fairway Drive Palm Desert, California 92260 Tract Map Number 15734 : Telephone(714)346-6123 Plan A Studio 6 Units 605 Sq. Ft. 3630 Total Sq. Ft. B 8 630 5040 11. " C 4 580 2320 11 11 It D II 1 II 485 " II 485 11 It II " E 1 BR 1 625 625 " " F 1 BR 1 976 976 " 21 Units 13076 Total Sq. Ft. - Tract Map Number 15735: Plan A Studio 12 Units 430 Sq. Ft. 5160 Total Sq. Ft. If I can provide you with any additional information, please call me at 346-4639. - Sincerely, Ted R. Lennon Vice-President TRL/lw Destination Resort Management,-Inc. �i Other Resorts:The Gant—Aspen,Colorado • Coeur du Lac—Lake Tahoe,Nevada 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMPASSION ACTION DATE December 6, 1979 APPLICANT Shadow Mtn. Resort and Racquet Club 73-850 Fairway Drive Palm Desert, CA 92260 CASE No. : TT 15734 and CT 15735 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of December 4, 1979 CONTINUED TO DENIED x APPROVED BY PLANNING COMMISSION RESOLUTION No. 555 and 556 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. X PLACED ON THE AGENDA OF THE CITY COUNCIL OF December 27, 1979 FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLC\tiI`G CO>^ ESSSION cc: Applicant - - C.V.C.W.D. PLANNING COMMISSION RESOLUTION NO. 556 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED.APPROXIMATELY 370 FEET WEST OF THE INTERSECTION OF MOUNTAIN VIEW AVENUE AND FAIRWAY DRIVE. CASE N0. TT 15735 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December 1979, hold a duly noticed Public Hearing, to consider the request of SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: APN 627-430-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has been found to be a Class 1, Categorical Exemption, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all . testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted [ General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 15735 for the reasons set forth in this .Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of December, 1979, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder NOES: None ABSENT: None ABSTAIN: None WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary PLANNING COMMISSION , RESOLUTION NO. 556 Page -2- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15735 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tion to all the requirements, limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. f 2. The C.C. & R's for this development shall be submitted to the Director L of Environmental Services for review and final approval by the City ll Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . c. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 4. Area shall be annexed to appropriate Improvement Districts having juris- diction over the subject area. 5. All on-site utilities , including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 7. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review, if it is required to be upgraded. 8. All requirements of the City Fire Marshal from his letter of November 27, 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 15735 is in accordance with the requirements prescribed by the City Fire Marshal . " 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- , ship purposes. . 12. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the Final Map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council . 13. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. The subdivider shall provide for covered parking spaces as required by Section 25.58.230 of the Palm Desert Municipal Code, in addition to that which already exists, and in addition to that which is now required for the condominium units on the lot where parking facilities are located, to the extent necessary to satisfy the said section, prior to recordation of the Final Map. The applicant may bond for the installation of the additional covered parking within one year of the recordation of the Final Map. PLANNING COMMISSION RESOLUTION NO. 556 Page -3- SPECIAL CONDITIONS (Continued) 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the subdivision, granting use of parking and recreational facilities, and other matters related thereto to the Director of Environmental Ser- vices for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature PLANNING COMMISSION RE0 LUTION NO. 556 Page � ? DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE �£i`1"• .4a CO L�UTY� CALIFORNIA DIVISION OF FORESTRY � h HIVEHSlDE f DAVID L. FLAKE COUNTY FIRE WARDEN P.O. eox zae 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 z. tlovember 27, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Tracts 15734 & 15735 Dear Mr. Williams, r If standard improvements are required, the developer will be required i to upgrade the water system to current standards. l / J David J . Ortegel Fire Marshal DJO:dt CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Tentative Tract Maps for Stock Cooperative Purposes Applicant: Shadow Mountain Resort & Racquet Club, 73-850 Fair- way Drive, Palm Desert, CA 92260 Case No(s) : TT 15734 and TT 15735 Date: December 4, 1979 I. REQUEST: Request for approval of two Tentative Tract Maps which would provide for the conversion of two existing multi-family residential buildings to cooperative ownership, within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone located within the Shadow Mountain Resort and Racquet Club development, east of San Luis Rey Avenue, and south of Shadow Lake Drive. LOCATIONAL MAP: n i ii Hill iu ! ! III�I III Jl I aE C A EO RR E• T V .�9N/.00'/ R TREE <NiCO n♦ ]T t' I PUB ITREET 1 �L_L1LL TT 07 .5 OLO =m co"', ` II . BACKGROUND: A. ADJACENT ZONING : North: PR-7 South : PR-7 East: PR-7 West: PR-7 B. GENERAL PLAN LAND USE DESIGNATION: Low Density Residential 3-5 d.u./ac. C. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is categorically exempt, and no further documenta- tion is deemed necessary by the Director. c ( STAFF REPORT December 4, 1979 Page -2- D. PREVIOUS PERTINENT CASES: - CUP 03-73, Destination Resort Management; original project approval (January, 1974). - Tract Map No. 5277; final map for the Shadow Mountain Develop- ment approved by the Council on September 8, 1977 (Subject Maps are a portion of this tract). E. MAP DEFINITION: 1. TT 15734 - contains 0.31 acres ; consisting of 21 attached multi-family dwelling units (18 studio units , and 2-one bedroom units). 2. TT 15735 - contains 0: 10 acres; consisting of 12 attached multi-family dwelling units (all studio units). F. PARKING ANALYSIS: Proposal involves the granting of an"easement for parking facili- ties which are not contained within the boundaries of the proposed maps , but which are located on adjacent lots of the original sub- division (Tract 5277) , and which also serve, other project condominium units. TT 15734 (Lot No. 2 of the original Tract No. 5277) is proposed to be served by parking facilities on Lot No. 1 of Tract No. 5277. TT 15735 (Lot No. 4 of the original Tract No. 5277) is proposed to be served by facilities on Lot No. 3 of Tract No. 5277. Lot Nos. 1, 2, 3, and 4 contain 22 condominium units and 33 exist- ing apartments (the proposed stock cooperative units). If the proposed cooperative units are viewed as apartments , for purposes of applying parking requirements , the present Ordinance requirement would be as follows : - 22 condominium units - 44 covered spaces and 11 open bays. - 33 cooperative units - 33 covered spaces and 17 open bays. - Total Required Parking 77 covered 28 open 105 spaces - Total Proposed Parking 44 covered 61 open 105 spaces Deficiency: 33 spaces to be covered. G. RECREATION AMENITIES: Existing amenities of the Shadow Mountain Development proposed to be provided by use easement. III . DISCUSSION: Senate Bill No. 823, recently signed into law, amends the Subdivision Map Act to require tentative and final subdivision maps to be submitted to the local governing body (in this instance the City) for approval of the formation of a Stock Cooperative. Heretofore, the City would not have had knowledge of a conversion of apartments to a cooperative; the only approval required was from the State. Because this is a new subject, the City's Zoning Ordinance does not contain any special provision for cooperatives. Staffs analysis is based on a comparison of standards for apartment units. Likewise, the STAFF REPORT December 4, 1979 Page -3- III. DISCUSSION: (Continued) City's General Plan must specifically address Stock Cooperatives, to deny a subdivision map for land use reasons; but, this does not preclude the ordinary operation of zoning regulations as to unit size, parking facilities, minimum lot requirements, etc. The unusual aspect of this proposal is that parking and amenities are not located within the subdivision boundaries , but rather they are provided by means of access and use easements within the original sub- division of the Shadow Mountain project. A comparison with present zoning requirements al.so indicated a need for additional covered park- ing, which would mean the construction of 33 carports (see Special Condition No. 1, relating to this subject) . IV. STAFF RECOMMENDATION: Subject to application of normal subdivision requirements and based on the justification contained in the draft Resolution: Recommend approval to the City Council of TT 15734 and TT 15735, by adopting Planning Commission Resolution No(s) 555 and 556 , subject to conditions. - /N T/YE CO XK OF PfJLM 0�.5E•E T, CACrfO.Pn//a •J/1EE L p� G JNc E/J . Y LfEY.1C A JUadvi..'/a.v c✓'a PO.eT oN c>F f.V!,JIF/i cM_�Cn"„" r�,�,� <O TSJy •B.GC JGL�fM Y 5 7XP-as /YEfJO LNG/NEEC/ /NC• /.977 Ia jt ` " FRe CONDO/.1/N/UrY1P!/eP�SES you: : ` �'�•A','.-e`-`/i%isel'�i_:�\\y�•.�w-w�.�1Y� a' 'f.� i:�S'•:::.'"u...:.- :1�. .4 , I t�•'TT•• �i�'� l Jy '/'.vo N';' • wl W.W ]I.n •• J1N✓//�f(own, '0- f% d- . / j'( •<l�V..\ i /W� dC . • AfA17rU MON✓/✓<N/JfocWO AJ NOTIO O • L.rNOTIJ !G✓/•C7 J>J A Ma'vt/'roCNTJ f0'•C eZ7�1 Ile- • M 111 `�• 7� � / 1?• •� TG•.tJ✓.T MG✓//d'J ANO gNlNlalL)MNP .• (�}�/\r 9 e' , i aO,yJF�I 2 B /I ':� ♦\'" • LyrNOTIJ f0✓NO JTO�L'M•�NUMGNTJ /<F 1 /Or `G v qM!O!O hr.ai TC.1Gl>Y NJ.9✓ISY-J> t; �,•I•[ J✓!Ac<EJ h •_\ vp O PGNOTIJ LI✓ CO. .JTO%r-hION✓M<NT..1 ( 1 L L Iix' ti , p`( Xr rHaaro e.J. ✓/oc 1 - r �' h• SZ 77 '' 7Q ! O XrvvTO G/•l CO 3T0 J'/`"1G^'UMLNT.� %XyY PY �• I JCT THGOlO L.J.✓/✓G , - ^ tl• •s `c Ire' ' ,� C•:� • pr,wrlJ Lsna,rn cc G T.•J c1.!>✓c .slT �, i A 1 .+ v __r rN coNc.cuco ' N w^ ''� 'S,e Y•• CXC•,G<ONOOD JT/IA'[J }/F/N[G LOT n � Iy J� i �y ; •1 j OTNFGN/.JG NOT60 f I w ' z �.p• •'• p ,I • •y. J • ,4r.,,, •�. • V-p. {J 0 1� TNCGF T•'<C !✓G NClIJ,GL'01f./V/f/N P/f ct u! 1 r F ,/ '[,ES y.4.• ... �/ . 1 4a,! -. .O-zp1CF O!TN.J TcaCT i Q/ �� /• ES 9•, ,•tp O ) W�^ CG9J/J Of'[9fF•eINGS G A ••. La 119 � r .S .� �• � , <.�r• ssn.LJ w' '!ham/NCJ :-••Y/c.� ..� N s,'stJs:.l h . 1 0 J• O Y 1.y t -^ "''. a/NC TXI Q,•�..vs of AVnl roN aX>•! \�S +' S, 4 S , nae TNnrsrl ter:x uE o-.G=>•'t c 'l.>ea •� s''t "• r 1', � „• � •1 •per A'1�. ✓J✓S,H�O O/O'J F/VCO.LECO.CRI jtl /p rrl j„ 5277'3 .'• ✓0��' I ! lJ 1 ' .•r u" m-u•.n p„mfn S'4 �X�F• ,� •••` clC�y�/��,! .,� tWWP 4' N ! .0 ia.m to •P•. .few f• ,4• • }V/y t L OT 3 r ACEs n t r` ; T.',`<��i• ,y. LOT pS6AGPEJ ° L�°/OF w„•' gA IC�� 1 ::::Y:'r: ::.� � gyp..• :. , - d IV? Off . r• Off SOUTHERN CALIFORNIA ,, gqS COMPANY 3700 CENTRAL AVENUE RIVERSIDE, CALIFORNIA R.W.RIDDELL Eastern Division Mailing Address P.O. BOX 2200, RIVERSIDE, CALIFORNIA 92516 Distribution Planning Supervisor November 23, 1979 Location of Nearest Gas Main: In Portola Avenue City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: TT 15734 & TT 15735 This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be provided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service', as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agen^ies take any action which affects gas supply or the condition under which service is available, gas service will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs , please contact this office for assistance. S+ F:m:Ols mmZlk ?1meml s+eso i IL;®®I na��®a2mem1312sa�; ?� Tim ,c�scsen�-.m November 5, 1979 i. e 0.sii`� ii�ii q,veemmmmieuov •.:�uso�meoeer. ';assouou►. Mr. Murrel Crump Planning Department 0 A City of Palm Desert 45-725 Prickly Pear Lane RESORT Palm Desert, California 92260 AND RACQUET Dear Murrel: CLUB 73-850 Fairway Drive RE: Tentative Subdivision Map Application Palm Desert,California 92260 Shadow Mountain Resort & Racquet Club Telephone(714)346-6123 Tracts 15734 & 15735 Palm Desert Venture, Ltd. the legal owner and developer of Shadow Mountain Resort and Racquet Club has submitted to the Department of Real Estate, an application for a stock cooperative. The stock co- operative will consist of Tracts 15734 & 15735 and the existing �. improvements thereon. The existing improvements to be converted to this new form of owner- ship consist of 33 units in two buildings. (Approximate age 15 years.) (See attached Site Map.) No additional improvements are necessary. The buildings are connected to the Coachella Valley County Water Dis- trict sewage system. All parking is in. There are no tenants in these structures to be evicted. Parking for the existing buildings to be co-oped is provided by ease- ments of record on Tract 5277, Lots 1 & 3. See attached example. The pedestrian easements .as well as vehicular easements are also of record. The co-operative will have an agreement with the condominium associa- tion and Palm Desert Venture, Club Owners for use of amenities and com- mon facilities as well as common maintenance. Tract 5277, Lots 1, 2, 3, & 4 consist of 22 condominiums and 33 apartments. Total covered parking requirements = 44. (22 X 2) Total uncovered parking requirements = 60.5 (221� + 33 X 111) Existing parking = 44 covered and 61 open. Protective covenants proposed to be recorded are attached. Destination Resort Management Corporation, managers of Shadow Mountain Resort and Racquet Club for the past five years will continue to man- age the stock cooperative. Destination Resort Management, Inc. is a subsidiary of Lowe Development Corporation, General Partner of Palm Desert Venture, Ltd. Palm Desert Venture, Ltd. believes that the con- version to a stock cooperative will have no effect on the city or the local community and is consistent with the development plan and zoning presently in effect. The property immediately surrounding the above tracts is used for condominiums. Destination Resort Management, Inc. Other Resorts:The Gant-Aspen,Colorado • Coeur du Lac-Lake Tahoe,Nevada Crump er 5, 1979 2. Senate Bill, Number 823, a new bill designed to empower cities to bet- ter control conversions of existing apartment houses, states that a tenative and final map is required to complete a conversion. Cooperative conversions still require a Final Public Report from the Department of Real Estate. Palm Desert Venture, Ltd. has completed its filing with the Department of Real Estate and awaits only city approval. Palm Desert Venture, Ltd. is looking forward to finishing its final . phase of development now under construction. This last phase will com- plete our development potential of this property. Palm Desert Venture, Ltd. will continue ,to own and operate the commercial facilities and amenities to include an on-going hotel management. Lowe Development Corporation, along with myself, look forward to main- taining Shadow Mountain Resort & Racquet Club as a national resort, one the City of Palm Desert can be proud of. _ . Thank you for your prompt attention to this matter. Sincerely, Ted R. Lennon Vice-President Lowe Development Corporation cc: Paul Williams Robert Lowe Y Y 4i.Y en ' � 1 November 20, 1979 - rrmci,,-g"•�t-"*-:.� rrwwn..yt rwr ' rmrrr arrw 4 owowovx - °Qs.� Mr. Murrel Crump Plannning Department -. City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 - RESORT AND RACQUET Dear Mr. Crump: CLUB RE: Shadow Mountain Resort Co-op Conversion 73-850 Fairway Drive Palm Desert,California 92260 Tract Map Number 15734: Telephone(714)346-6123 Plan A Studio 6 Units 605 Sq. Ft. 3630 Total Sq. Ft. " B 8 630 5040 " " C 4 " 580 " 2320 " D " 1 " 485 485 E 1 BR 1 625 625 " F 1 BR 1 976 976 " 21 Units 13076 Total Sq. Ft. Tract Map Number 15735: Plan A Studio 12 Units 430 Sq. Ft. 5160 Total Sq. Ft. If I can provide you with any additional information, please call me at 346-4639. Sincerely, Ted R. Lennon Vice-President TRL/lw Destination Resort Management, Inc. Other Resorts:The Gant-Aspen,Colorado • Coeur du Lac-Lake Tahoe,Nevada 45-275 PRICKLY PEAR LANE.PALM DESERT CAUFORNIA 92260 N(Y> ti°EnoE� C �'• p n c r z a ~" I i TELEPHONE(714) 346-0611 qR0 ft Mr Lawr ce slaw 9 "B" 18th S eet s nt Monica, C 6940`3 iqS 33 :?2:492N1 ].1/24/79 RETURN TO SI:-NDI:_R NOT DELIVERABLE.' AS ADDRESSED UNABLE TO FORWARD 6 � l 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 i CITY OF PALM DESERT � � LEGAL NOTICE ` 'o 0i I � t REQUEST FOR APPROVAL OF A 1 LOT TENTATIVE TRACT MAJRWL N1� ep�N` O �R FOR CO-OP PURPOSES, LOCATED APPROXIMATELY 370 FEr-pCCtOF WEST OF THE INTERSECTION OF MOUNTAIN VIEW AVENUE AND FAIRWAY DRIVE. CASE NO. TT 15735 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by SHADOW MOUNTAIN RESORT . AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes , to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .1 acre within the PR-7 (Planned Residential District, max. 7 d.u./ac. ) zone, located approximately 370 feet west of the intersection of 'Mountain View Avenue and Fairway Drive, more particularly described as : APN 627-430-004 vE r— —PAS EO - I H T A I No N v E AM OLEIC E ] t R SHAD M !. I _ I ^ CMIC0.1 3i9E1 p i I-I 1 1 ] i fl E E T- TT 05T .. 3 m SAID Public Hearing will be held on December 4, 1979, at 7 :00 p.m- in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. This request if approved will allow the conversion of an existing multi-family building to co-op ownership. PAUL A. WILLIAHS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 21, 1979 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 1979 Page -4- VI . PUBLIC HEARINGS (continued) Mr. Williams presented this case describing the location of the project and pointing out that the tentative map conforms with the plot plan which was approved previously by the Planning Commission, with .some changes that were required by the Conditional Use Permit approval . He then reviewed the suggested conditions and recommended approval . Chairman Snyder asked if the applicant cared to make a presentation. DU81NE BRICKER, Applicant, P.O.. Box 817; Redondo Beach, was present and available for any questions. Chairman Snyder opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Upon motion made by Commissioner Miller, seconded by Commissioner Kryder, Case No. TT 15630 was approved by adoption of Planning Commission Resolution No. 554, subject to conditions. Carried unanimously (4-0) . F. Case Nos. TT 1;;7�34nd TT 15735, SHADOW MOUNTAIN RESORT AND RACQUET CLUB, Ap scant Request for approval of two Tentative Tract Maps which would provide for the conversion of two existing multi-family residential buildings to cooperative ownership, within the PR-7 (Planned Residential , Max. 7 "d.u./ac. ) zone located with- in the Shadow Mountain Resort and Racquet Club development east of San Luis Rey Avenue, and south of Shadow Lake Drive. Mr. Williams presented this case noting that under recent State Legislation, Stock Cooperatives must be reviewed by the City as a Tentative Map. He reviewed the parking analysis which showed a difficiency of 33 covered spaces to be covered, but that the required number of spaces were being provided. He expressed a concern for the parking and amenities , which are not located within the subdivision boundaries, but are provided by means of access and easements. He then reviewed the special conditions and recommended approval to the City Council . Commissioner Kryder asked if the parking spaces would be used for other uses. Mr. Williams stated that it was suggested to the applicant that it be verified and met in accordance with the ordinance. It is also specified in Special Condition No. 1. Chairman Snyder asked if the applicant cared to make a presentation. TED LENNON, 73-745 Shadow Lake Drive, explained what a cooperative was and stated that he had converted others before and had proved to be successful . He believed it was not necessary to provide covered parking spaces and explained what extensive work would be involved to provide this. He asked the Commission's thoughts in this matter. Chairman Snyder expressed a concern for the required parking spaces and asked Mr. Lennon if there was adequate spaces for the units. Mr. L Lennon explained and assured him there would be more than adequate parking. Commissioner Berkey asked Mr. Williams if they were to delete the condition requiring covered spaces what else could be done? Mr. Williams stated that if they were determined to be apartments they would be required to approve a variance. Commissioner Berkey was concerned with the new state law requirement in relation to the covered spaces. Chairman Snyder suggested to leave Special Condition No. 1 in and have a continuance on this matter. Mr. Lennon asked if the improvement could be bonded to a later time. MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 1979 Page -5- Chairman Snyder stated that the solution would be to create a condition to provide for the required covered spaces with a bond specifying that it would be done within a one year period, but if at the end of the one year period it was determined that the covered spaces were not necessary they would not require it. Mr. Williams then added to Special Condition No. 1: "The applicant may bond for the installation of the additional covered parking within one year of the recordation of the Final Map. " Chairman Snyder open the Public Hearing. asking if anyone wished to speak if FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Upon motion made by Commissioner Berkey, seconded by Commissioner Kryder, Case Nos. TT 15734 and TT 15735 were approved by adoption of Planning Commission Resolution Nos. 555 and 556, as amended. Carried unani- mously (4-0) . G. Case Nos. DP 14-79 and 189 MF, KENT LAND CO. , Applicant Request for approval of a Planned Residential Development and Preliminary Design Review case to allow construction of 134 condominium units on approximately 29.7 gross acres within the PR-5 (Planned Residential District, Max. 5 d.u./ac. ) zone, located at the northwest corner of Portola Avenue and Hovley Lane. Mr. Williams presented this case with a review of the proposed accesses. . He added that there was some question as to the setbacks between the buildingsthat had to- be resolved.The Design Review Board recommended approval with Special Condition requirements. He then reviewed the conditions and recommended approval with the suggested revisions. Commissioner Berkey asked Mr. Williams what the required distance was between the structures. Mr. Williams stated that the ordinance suggests it be 20' but the Commission had reduced it to 15" ft. in similar uses as was being requested. Commissioner Berkey asked if the grading on Hovley Lane would be leveled? Mr. Williams stated the engineer was present to answer any questions relative to the grading and drainage. Chairman Snyder asked if the applicant cared to make a presentation. JOHN ABEL, Representative, 18902 Bardeen Way, Irvine, introduced Mr. Fitch, the engineer. BILL FITCH, Engineer, Wallach & Associates, stated that . Hovely Lane would be rebuilt and explained in detail how this would be done. Chairman Snyder asked Mr. Fitch if they were considering proper drainage in that area. Mr. Fitch replied that being the first project in that area they were aware of the drainage problem. They do have a ((( proper drainage system and felt it would benefit other future projects. Commissioner Miller asked where would the water drain to on the L west side. Mr. Fitch explained specifically stating it would go two ways, west and then east. Mr. Williams noted the drainage for the north sphere area would be discussed at the next study session meeting. Chairman Snyder opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. BM7 FVE-EASE ����lN • 1� �O 45�707 20,20 BUFF VVV Y Y I I 2 --7� 3— d 5 6- 7 II I � r A 1 6o -S 2 II l I 2 3 I I� 52� I I i / s I .t' �! 3 4 111 1 1 4 R 5 �' 77 2 I / I i ' � I �' S b b 7 30 - s 7 a l l 8 9 1 �.x - ¢ S 51 ` +' s 9 to 10 11 12 ( i1 ! 12 13 3 14 Li ( 14 15 i, . li 5 b 16 C0GI II i 1 ( 17 8i — I11221I i I IB 19 21i it 21 23 li ! Ili tlT C.. '' 1 23 24 24 ii� 'L. 'i1=4}lyr�� I I; I I I Q Id= �T � �1 '� I � 25 j �+ ' 1.. III _ O o I°OJf,� 261j '( ( ',I c� ilCu �7 �naa�l�( iy^+a T 26 .y y I' ! i• ZJ!I �.Y d`- JT i5., a/J L:S T�tL' o II JHT . II L� 15 127 281' j ! 1 ! in '! '128 2911 ! 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Q JBJ t I .. �i IL a Jm /\�� ) D�. �POMDNCF m, n, D \ G Y02 )Al / NO e ' o C RTC E DER � ° e COVERED / +07 IYb Y l � .'A 2e m I \ \ \ I A e + 2 TENNI5,`�O IR \ "IC J _ N L---tO RED 502 9J[-OI.RT \ 0J1p! l PARNI - 7 Spl P ,z `V7S1 B 9 4,(p PARKIIJGD'° i\ sro 1 A C FLTL"EJ(PAtd \ � A --�,t_n' 181 ,ez \TF,I�I I CL HO'r — � FARM D — A ne g ED e, 303 1 4�y LN+a1sE RE ww 1 ws AR 9J A i)i C _ t,pIpRpp I R D V 513 A Y2 22e ri 506 C 9 jn I-fii' 225 -I I ZI 1N C ° a B CENTRE COURT �� V1z`l 11+ S V32� CONDOMINIUMSl Tm ' I�A C OY 61t ^ x' CLUB COIN ,�5 ^ rA POOL 11 N Jt \ 61s 169 3N IW 0 3A� ❑ 158 F tG Ib C lA � �35tl t5) T3 Jw n5 5 G ' � 3J1 J ISn 1 IP 31� )A 532 0 66 � I ARKNG / IS " n�� 25) - 111 H �2J2 + �RIY 52, O VE ED SIB 6IJ CARD . C ARK C ^ AR G I RK WEST lE5 ROOM s(o w*ST tClee � PARKING A F WAY ITCHE —�_-T-- PARKING Y E%f IJT VE l55 D t5J 0 P p (%)I I 255 251 I Al I S �uVr).VC4. CO RED Q ,00,os 2W �\ SHADOW A1aNTAN iw D�\ / PA K C l FAIRN C"TRY CLUB I C ,1B I S 'PRIWTE' Ab , '\\� / 0 /) \ B NDRTH A 145 ,w b MA, ve w2 SCALE CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Tentative Tract Maps for Stock Cooperative Purposes Applicant: Shadow Mountain Resort & Racquet Club, 73-850 Fair- way Drive, Palm Desert, CA 92260 Case No(s) : TT 15734 and TT 15735 Date: December 4, 1979 I . REQUEST: - Request for approval of two Tentative Tract Maps which would provide for the conversion of two existing multi-family residential buildings to cooperative ownership, within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone located within the Shadow Mountain Resort and Racquet Club development, east of San Luis Rey Avenue, and south of Shadow Lake Drive. LOCATIONAL MAP: I^I I I t liillll uii / ! I IIIIilllllllll I \ _E t SAS EO ` ♦�Pf♦ i ' Q U EI T R < CMICC• I [ E 0573 , T R E E T TT 0:7� ,EPEET I E 3 Col. c� i II . BACKGROUND: A. ADJACENT ZONING : North: PR-7 South : PR-7 East: PR-7 West: PR-7 B. GENERAL PLAN LAND USE DESIGNATION: Low Density Residential 3-5 d.u./ac_ C. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the ro osed project is categorically exempt, and no further documenta- tion P J 9 Y P tion is deemed necessary by the Director. STAFF REPORT December 4, 1979 Page -2- D. PREVIOUS PERTINENT CASES: - CUP 03-73, Destination Resort Management; original project approval (January, 1974). - Tract Map No. 5277; final map for the Shadow Mountain Develop- ment approved by the Council on September 8, 1977 (Subject Maps are a portion of this tract) . E. MAP DEFINITION: 1. TT 15734 - contains 0.31 acres ; consisting of 21 attached multi-family dwelling units (18 studio units , and 2-one bedroom units ). 2. TT 15735 - contains 0. 10 acres; consisting of 12 attached multi-family dwelling units (all studio units) . F. PARKING ANALYSIS: Proposal involves the granting of an easement for parking facili- ties which are not contained within the boundaries of the proposed maps , but which are located on adjacent lots of the original sub- division (Tract 5277) , and which also serve, other project condominium units . TT 15734 (Lot No. 2 of the original Tract No. 5277) is proposed to be served by parking facilities on Lot No. 1 of Tract No. 5277. TT 15735 (Lot No. 4 of the original Tract No. 5277) is proposed to be served by facilities on Lot No. 3 of Tract No. 5277. Lot Nos. 1, 2, 3, and 4 contain 22 condominium units and 33 exist- ing apartments (the proposed stock cooperative units). If the proposed cooperative units are viewed as apartments, for purposes of applying parking requirements , the present Ordinance requirement would be as follows : - 22 condominium units - 44 covered spaces and 11 open bays. - 33 cooperative units - 33 covered spaces and 17 open bays . - Total Required Parking 77 covered 28 open 105 spaces - Total Proposed Parking 44 covered 61 open 105 spaces Deficiency: (33 spaces to be covered. G. RECREATION AMENITIES: Existing amenities of the Shadow Mountain Development proposed to be provided by use easement. III . DISCUSSION: Senate Bill No. 823, recently signed into law, amends the Subdivision Map Act to require tentative and final subdivision maps to be submitted to the local governing body (in this instance the City) for approval of the formation of a Stock Cooperative. Heretofore, the City would not have had knowledge of a conversion of apartments to a cooperative; the only approval required was from the State. Because this is a new subject, the City's Zoning Ordinance does not contain any special provision for cooperatives . Staff's analysis is based on a comparison of standards for apartment units. Likewise, the STAFF REPORT December 4, 1979 Page -3- III . DISCUSSION: (Continued) City's General Plan must specifically address Stock Cooperatives, to deny a subdivision map for land use reasons; but, this does not preclude the ordinary operation of zoning regulations as to unit size, parking facilities, minimum lot requirements , etc. The unusual aspect of this proposal is that parking and amenities are not located within the subdivision boundaries , but rather they are provided by means of access and use easements within the original sub- division of the Shadow Mountain project. A comparison with present zoning requirements also indicated a need for additional covered park- ing, which would mean the construction of 33 carports (see Special Condition No. 1, relating to this subject) . IV. STAFF RECOMMENDATION: Subject to application of normal subdivision requirements and based on the justification contained in the draft Resolution: Recommend approval to the City Council of TT 15734 and TT 15735, by adopting Planning Commission Resolution No(s) and subject to conditions. PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December, 1979, hold a duly noticed Public Hearing, to consider the request of SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: APN 627-430-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has been found to be a Class 1, Categorical Exemption, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental. damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above . described Tentative Map No. 15734 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of December, 1979, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION NO. Page -2- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15734 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tion to all the requirements, limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. The C.C. & R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . c. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts . 4. Area shall be annexed to appropriate Improvement Districts having juri.sdiction over the subject area. 5. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 7. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review, if it is required to be upgraded. 8. All requirements of the City Fire Marshal from his letter of November 27, 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 15734 is in accordance with the requirements prescribed by the City Fire Marshal . " 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- ship purposes. 12. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the Final Map unless an extension of time of up to eighteen (.18) months is granted by a Resolution of the City Council . 13. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. PLANNING COMMISSION RESOLUTION NO. Page -3- SPECIAL CONDITIONS 1. The subdivider shall provide for covered parking spaces as required by Section 25.58.230 of the Palm Desert Municipal Code, in addition to that which already exists , and in addition to that which is now required for the condominium units on the lot where parking facili- ties are located, to the extent necessary to satisfy the said section, prior to recordation of the Final Map. 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the subdivision, granting use of parking and recreational facilities , and other matters related thereto to the Director of Environmental Ser- vices for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with. all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Appli.cant's Signature - PLANNING COMMISSION I .3LUTION NO. Page -$- e_ t DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE �el COUNTY G CALIFORNIA DIVISION OF FORESTRY �... RIVERSIDE :'7 DAVID L. FLAKE COUNTY FIRE WARDEN P.O. sox 248 210 'NEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (7141 657-3183 November 27, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Tracts 15734 & 15735 Dear Mr. Williams, If standard improvements are required, the developer will be required to upgrade the water system to current standards. _��c,1.!iL' tom; •�;�J �I� David J . Ortegel Fire Marshal DJO:dt PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED APPROXIMATELY 370 FEET WEST OF THE INTERSECTION OF MOUNTAIN VIEW AVENUE AND FAIRWAY DRIVE. CASE NO. TT 15735 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December 1979, hold a duly noticed Public Hearing, to consider the request of SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximatelyl31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: ` APN 627-430-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has been found to be a Class 1, Categorical Exemption, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 15735 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of December, 1979, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary PLANNING COMMISSIO,. / RESOLUTION NO. Page -2- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15735 I. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tion to all the requirements, limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. The C.C. & R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits . Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . c. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 4. Area shall be annexed to appropriate Improvement Districts having juris- diction over the subject area. 5. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 7. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review, if it is required to be upgraded. 8. All requirements of the City Fire Marshal from his letter of November 27, 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 15735 is in accordance with the requirements prescribed by the City Fire Marshal . " 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- ship purposes. i 12. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the Final Map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council . i 13. Drainage and Signalization Fund contributions as required by City j Ordinance shall be made prior to recordation of the Final Map. i SPECIAL CONDITIONS 1. The subdivider shall provide for covered parking spaces as required by Section . 25.58.230 of the Palm Desert Municipal Code, in addition to that which already exists, and in addition to that which is now required for the condominium units on the lot where parking facilities are located, to the extent necessary to satisfy the said section, prior to recordation of the Final Map. f; i PLANNING COMMISSION RESOLUTION NO. Page -3- SPECIAL CONDITIONS (Continued) 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the subdivision, granting use of parking and recreational facilities, and other matters related thereto to the Director of Environmental Ser- vices for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth , and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature PLANNING COMMISSION JLUTION NO. Page -4- Gry...,. DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE COUNTY _ CALIFORNIA DIVISION OF FORESTRY 'RIVERSIDE DAVID L. FLAKE COUNTY FIRE WARDEN P.O. BOX 248 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 557-31133 November 27, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Tracts 15734 & 15735 Dear Mr. Williams, If standard improvements are required, the developer will be required to upgrade the water system to current standards. David J. Ortegel Fire Marshal DJO:dt s � a SOUTHERN CALlF9PtNIAjiC�ClSICCMPANY 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA R.W.RIDDELL Eastern Division Marling Address P.O. BOX 2200, RIVERSIDE, CALIFORNIA 92616 Distribution Planning Supervisor November 23, 1979 Location of Nearest Gas Main: In Portola Avenue City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: TT 15734 & TT 15735 This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify ,you that the Southern California. Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be provided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based Upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these ager.-ieS take any action which affects gas supply or the condition under which service is available, gas service will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs , please contact this office for assistance. t emaEevmmmummrs�nl H � �. �nmr-i t Ls�S,m&t trma>� r, Mai iP HOmD! November 5, 1979 -:r�nnnaewiis�iii� ;ammmmatomvvvr :.ve�uomu�. Mr. Murrel Crump Planning Department City of Palm Desert 45-725 Prickly Pear Lane RESORT Palm Desert, California 92260 AND RACQUET Dear Murrel: CLUB 73-850 Fairway Drive RE: Tentative Subdivision Map Application Palm Desert, California 92260 Shadow Mountain Resort & Racquet Club Telephone(714)346-6123 Tracts 15734 & 15735 Palm Desert Venture, Ltd. the legal owner and developer of Shadow Mountain Resort and Racquet Club has submitted to the Department of Real Estate, an application for a stock cooperative. The stock co- operative will consist of Tracts 15734 & 15735 and the existing improvements thereon. The existing improvements to be converted to this new form of owner- ship consist of 33 units in two buildings. (Approximate age 15 years.) (See attached Site Map.) No additional improvements are necessary. The buildings are connected to the Coachella Valley County Water Dis- trict sewage system. All parking is in. There are no tenants in these structures to be evicted. Parking for the existing buildings to be co-oped is provided by ease- ments of record on Tract 5277, Lots 1 & 3. See attached example. The pedestrian easements as well as vehicular easements are also of record. The co-operative will have an agreement with the condominium associa- tion and Palm Desert .Venture, Club Owners for use of amenities and com- mon facilities as well as common maintenance. Tract 5277, Lots 1, 2, 3, & 4 consist of 22 condominiums and 33 apartments. Total covered parking requirements = 44. (22 X 2) Total uncovered parking requirements = 60.5 (221� + 33 X 1' ) Existing parking = 44 covered and 61 open. Protective covenants proposed to be recorded are attached. Destination Resort Management Corporation, managers of Shadow Mountain Resort and Racquet Club for the past five years will continue to man- age the stock cooperative. Destination Resort Management, Inc. is a subsidiary of Lowe Development Corporation, General Partner of Palm Desert Venture, Ltd. Palm Desert Venture, Ltd. believes that the con- version to a stock cooperative will have no effect on the city or the local community and is consistent with the development plan and zoning presently in effect. The property immediately surrounding the above tracts is used for condominiums. Destination Resort Management, Inc. Other Resorts:The Gant-Aspen Colorado • Coeur du Lac-Lake Tahoe,Nevada xrel Crump -� mber 5, 1979 ' Page 2. Senate Bill, Number 823, a new bill designed to empower cities to bet- ter control conversions of existing apartment houses, states that a tenative and final map is required to complete a conversion. Cooperative conversions still require a Final Public Report from the Department of Real Estate. Palm Desert Venture, Ltd. has completed its filing with the Department of Real Estate and awaits only city approval. Palm Desert Venture, Ltd. is looking forward to finishing its final phase of development now under construction. This last phase will com- plete our development potentialof this property. Palm Desert Venture, Ltd. will continue to own and operate the commercial facilities and amenities to include an on-going hotel management. Lowe Development Corporation, along with myself, look forward to main- taining Shadow Mountain Resort & Racquet Club as a national resort, - one the Cityof Palm Desert can be proud of. Thank you for your prompt attention to this matter. Sincerely,, Ted R. Lennon Vice-President Lowe Development Corporation cc: Paul Williams Robert Lowe k i ni lLli L I�, [ c i71� l7rll November 20, 1979 1221® \®/mmmmw �aii� mmmvm® b////l ®evvv®/ �,e_crvvvvvvvn►,:a xc Mr. Murrel Crump Plannning Department City of Palm Desert ® ® _ 45-275 -Prickly Pear Lane Palm Desert, California 92260 RESORT AND RACQUET Dear Mr. Crump: CLUB RE: Shadow Mountain Resort Co-op Conversion 73-8501'almay Drive Palm Desert,California 92260 Tract Map Number 15734: Telephone(714)346-6123 Plan A Studio 6 Units 605 Sq. Ft. 3630 Total Sq. Ft. " B 8 630 " " 5040 " C 4 580 " " 2320 " D 1 485 " 485 " " E 1 BR 1 625 " 625 " " F 1 BR 1 976 " 976 " 21 Units 13076 Total Sq. Ft. Tract Map Number 15735: Plan A Studio 12 Units 430 Sq. Ft- 5160 Total Sq. Ft. �'� If I can provide you with any additional information, please call me at 346-4639. Sincerely, Ted R. Lennon Vice-President TRL/lw Destination Resort Management, Inc. Other Resorts:The Gant-Aspen,Colorado • Coeur du Lac-Lake Tahoe,Nevada /N Th'E Ci TY OF PFIL/✓J O�.�G;E 1 CA[r Fp.P LVLa Jl1EE C JNGL/J Y IVO (' » 6LY..0 A JUdd✓iJ/can/ LV N OoC%oN c�T.✓f..rf/�Pl.flcJ.Vr:' :'ic;:j �' •`7`' ,��„'�.,��.;r�� FQ� CONOO/v1/N/UrYJPU,ef'osE.S , ' t- t.0 mu•a m u.n e.0 iN:rA.�[L .i Q P.•n•o�p[ A-M •. ' . �� a N�" w3 a LEGENO •{ � 'e+�l.,' (�/IMF ((. • grw�rlJ MorvtrMrNlJ facNO PJ NJ rlO I _ Q • �NOTlJ lJtJ�'J Jr.� %•-Ns o.vri.N.�NTJ /C.G •, 111 ` `.1 v f / A' l ` rG.IJ IS Hd a//O'J FNO aNlN�e--')/•/PP 42 ? • Tom.JL rT-/Crd. � Jc SJ i lYv��1 -i /t '� � • GINorlJ lo..No Jro-J'nro..un.,c,+rJ /« p SY^JT sGnr o s`!•.orl.a ell cn 77 r '' `?J'c c .xNory L,.: co. Jlo :>'.`x."uv<n•r.r (f V� MY•�Y • 'L JCr TgGaCO L -+.•/r✓G e?` , 1 • Lvm�/!S LInO,rncK C Thy[J IiIG XT � � � ,. )w yi �•`, Y y 'r, /N CONC. CUFO rt w�• " C'/G'LCONJJO JTgK[J Jfr ar qLG LOT • IN •.� I LD �(✓' .,1� r. .. � -t-a" CO<N eJ.TFJ6<O L.J.J/✓�, Un[�rr . 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'.II;:r I. ,i�w i~ n.� ��' by '.E t• �.� '`C gib �, .. ..��J-ln'���rear,�'„1•Y F AMENDED 1N ASSEMBLY SEPTEMBER 6, 1979 AMENDED IN ASSEMBLY AUGUST 28, 1979 AMENDED IN ASSEMBLY JULY.20, 1979 AMENDED IN SENATE MAY 4, 1979 SENATE BILL No. 823 `A Introduced by Senators Petris and Smith i ..'.'.(Coauthor: Assemblywoman Ryan) . March 23, 1979 i An act to amend Sections 66424, 66426, 66427, 66427.1. 66427.2, 66475.2, and 66477 of the Government Code, relating to subdivisions. LEGISLATIVE COUNSEL'S DIGEST SB 823, as amended, Petris. Subdivisions: Subdivision Map Act. ( 1) Under existing provisions of the Subdivision Map Act, subdivision, as defined, does not expressly include the conversion of 5 or more existing dwelling units to a stock cooperative, as defined. This bill would define subdivision for purposes of such act to include such a conversion. (2) Under the provisions of the Subdivision Map Act, tentative and final maps ..are required for specified subdivisions. ' This bill would require that the conversion of a dwelling to a stock cooperative containing fire 5 or more dwelling units comply with such requirements. This bill would require a city i or county to app or disappre uch a_co—nversion within [T20 clays. — -- (3) Under existing law, a legislative body of a city or county is prohibited from approving a final map for a subdivision to --2-- 't created from the conversion of residential real property into a condo min. project or p 73 project if it finds a comma Y I '• • that community a a re co Y art i s S 2 _ applicable g conversion is not consistent with Coll units,: for the B 8 3 _ general or specific plans. .This ' 2 financin applicable if such prohibition is not g• whether immediate or future uture exsale I cept for leases' definite objectives and or specific plans do i 3 °f agricultural land for a I ease or Policies specifically not not 4 shall bei considered gC1Or'ltural ;,' :'conversions• y directed to such I as cont Purposes.FPoses. Propert This bill would also include, with a s 5 separated b uous Y 6 rights-of-way roads, streets, utilityeven if it is stock cooperative Pecified exception, a Pro'ect as Y' 'Subdivision„ easement,or if (4) Under existing in suchions. I defined in includes g provisions of the Subdivision Ma 8, com Section a condominium condominiums are rnnnity a artment 1350.of,the Civil Code, a exempted from various requirements.Map�Act, 9 11004 'of,:th aP Pr°jec}, ps defined `in. This bill would likewise ex Business and (5) This bill would be a Pt a stock cooperative. 10 ,conversion:of five or Professions Section I 1 ;stock :coo more existingCode, or the cooperativp conversions occurpplicable to 12 Perative, as defined i❑ dwelling units to a The bill would specified stock Business and Professions also g prior to f 13 Section 11003.2 of the subdivision exempt such conversions ary 1, 1980 to a governmental agenc Code.;An conveyance of Ian re u/ations from local 14 shall not be considered ay' Public entity d i '` application for adopted after July I, i ' 15 y or Public utility (6) Under existing report was made prior thereto79, if i computing the number o{division of land for, Revenue and g la`v Sections 16 agricultural parcels. Purposes of Taxation 2231 and 2234 17 Purposes" As used in this section, local agencies and school di eq it the of the fiber or the means the state lg grazing or past cultivation of food or by the state. to reimburse SEC. 2. Section g of livestock. Other provisions re certain costs mandated i 19 . amended 66426 .of the 1 Finance to review quire the Department of to read: Government Code is provide, in certain cases es makin disclaiming21: 'a subdi A tentative , '': Of Control for reimbursement. these costs and I 21 aolsubdivisionscreatingfrveorl g claims to the State Board 22 condo map-shall be required for This bill provides that no a miniums as defined more parcels, five or appropriation is I i 23. 'Code in Section 7 Pursuant to a communit 83 of the.more Section 2231 or 2234 for a s made by this act 24 more Y apartment recognizes that local a Parcels for t Civil specified 25.. stoc Project containing five or their other agencies and school districts ma son'. but I k coo he conversion je of $ available r 26 Perahve eontaining five or dwelling to a �se costs. emedies to seek, Y Pursue except .where: more dwellin �V reimbursement for 27 �a) The g units, '" ote: majority. A land before . - State-mandated local o. Fiscal co yes 23 acres, each division "contains less ocal r committee: 30 maintained parcel treated by the division abuts un five program:ram: y Public street or highway The people of the Stat of or improvements are re Pon a p California do enact as follows: 31 (b) E'ach required by the legislative body, or 32 parcel created b the 1. SECTION 1. area of 20 acres or Y division has 2 is amended to resection 66424 of the' 33 maintained more and has an a gross Government Code 34 Public street or highway, or,. access to a 3 66424. 35 (c) . The land' consists of a Y. or,. "4 ' subdivider, Subdivision" means the ha.vin par of an division, g aPPtoved parcels of land 1, Y unit by any j 36 which comprisesaccess el a public street highway 5 unimproved land, of an rt units of improved or . part or high a 6 ' latest e Y Portion thereof, shown on the; j 37 industrial or commercial develo of. land qualized county assessment roll 's a unit i M. the pproval .of the Zoned* for 39 . align Pment, and which has or as 40 gnments and widths or°veining body as to street I (d) 'Each . . j parcel created (iv rh., 'a:..:_• -4- —5 — eu tiL;i _ "'S_l3 823 ' 1 area of not less than 40 acres or is not less than a quarter 1 Sections 1941, 1941.1 and 1941.2 of the Civil Code. 2 : of a quarter section. 2' (b) Each of the tenants.of the proposed condominium, 3 A parcel map shall be'required Eor.those subdivisions ' 3 , community apartment project, or stock cooperative 4 ` described in subdivisions (a) , (b), (c), and (d). 4 , project has,been,or.will be given notice of.an exclusive 5 . SEC. 3. Section 66427 of the Government Code is 5 right to contract for the purchase of their respective units 6 ''•amended to read: 6 upon the same terms and conditions that such units will "l ` 7 be initially offered to the general public or terms more 7 66427. A map of a condominium project, a community Y g p 8' apartment project, or of the conversion of five or more •, 8 favorable to the tenant. The right shall run for a period 9 existing dwelling units to a stock cooperative project .: j 9 of not less than 60 days from the date of issuance of the 10 need not show the buildings or the manner in which the . 10 :subdivision public report pursuant to Section 11018.2 of 11 buildings or the airspace above the property shown on 11 , the Business and Professions Code, unless the tenant 12 the map are to be divided, nor shall the-governing body 12 ,gives prior written notice of his intention not to exercise ..:,13 have the right to refuse approval of a parcel, tentative or . 13 the right 4 final map of such a. project on account of design or 14 (c) This section shall not dimims6,,limit or expand, 15 location of buildings on the property shown on the map 15 other than as provided herein, the authority of any city, 16 county,' or cit and, count to approve, ,or. disa rove „06 not violative of local ordinances orpri account of the Y ydisapprove 17 manner in which airspace is to be divided in conveying 17.: condominium projects. .: 18 the condominium. Fees and lot design requirements shall , ' 18 SEC:; S., Section 66427.2 of the Government Code is 19 . be computed and imposed with respect to such maps on 19 amend read: - 20 .the basis of'parcels or lots of the surface of the land shown . 20 66427.2. Unless applicable general or specific plans 21 thereon as included in the project. Nothing-herein-shall 21 contain definite objectives and policies, specifically ' 22 directed. to the conversion, of .existing buildings. into 22 be deemed to limit the power of the legislative body to 23 , condominium projects or stock . cooperatives, the 23 Cregulate the design—or location of buildings. in such_a > i 24 provisions of Sections 66473.5, 664_74,=andt66474.61; and 24 1project-by o� pursuant-to local ordln`a_nces.' 25 subdivision r(`c)�of Section 66474.60' shall not apply to 25 SEC. A. Section 66427.1 of the Government Code is 26 condominium projects or stock .cooperatives, which 26 amended to read: 27 consist: of, the subdivision of airspace ..in an existing 27 66427.1. The legislative body shall not approve a final 28 . structure, .unless new units ,are to, be constructed or 28 map for a subdivision to be created from the conversion 29 added. 29 of residential real property into a condominium project, 30 A city, county, or city and county acting pursuant to 30 a community apartment project, or a stock cooperative I 31 this section shall approve or disapprove the conversion of 31 project unless it finds both that:. 32 an existing building to a stock cooperative within 120 days 32 (a) Each of the tenants of the proposed condominium, 33 . following receipt of a completed application for approval 33 community apartment project, or stock cooperative 34 of such conversion. 34 project has been or will be given 120 days' written notice , 35 This section shall not diminish, limit or expand, other t 35 , of intention to convert prior to termination of tenancy j 36 than as provided herein, the authority of any city, county, 36 due to the conversion or proposed conversion. The 37 or city, and , county. to approve. or disapprove 37 provisions of this subdivision shall not alter or abridge the 38 , condominium projects: 38 rights or obligations of the parties in performance of their ' 39 SEC. 6. ' Section,66475.2 of the :Government Code is 39 covenants, including, but not limited to the provision of �, 40 'amended to read: 40 ' services, payment of rent or the obligations imposed by 44B 823 —6 — —7 — SB 823 ' 1 66475.2. There may be imposed by local ordinance a F 1 (e) The amount and location of land to be dedicated 2 "requirement of dedication or irrevocable offer of 2 or the fees to be paid shall bear a reasonable relationship 3 ' dedication of land within the subdivision for local transit `i 3 to .the•use, of the park and recreational facilities by the 4 facilities such as bus turnouts, benches, shelters, landing : 4: future inhabitants of the subdivision: 5 pads and similar items which directly benefit the 5 (f) The city ,or county shall develop ', a' schedule 6 residents of a subdivision if (a) the subdivision as shown 6 specifying how and when it will use the land or fees or '. 7 on the tentative map has the potential for 200 dwelling 7 : both to develop park or recreational facilities. Any fees 8'.'units or more if developed to the maximum density 8- collected under the ordinance shall be committed within W shown on the adopted general plan or contains 100.acres 9 five years after the payment of such fees or the issuance 10 or more, and (b) the governing body finds that transit , " 10 ' of building permits on one-half of the lots created by the I I .'services are or will within a reasonable time period be 11 subdivision; whichever occurs later. If such fees are not 12 : made available to such' subdivision. Such irrevocable 12 committed, they shall be distributed and paid to the then 13 ' offers may be terminated as provided in subdivisions (c) 13 record owners of the subdivision in the same proportion 14 and (d) of Section 66477.2. 14 that the size of their lot hears to the total'area of all lots , 15' The provisions of this section do not apply ,to 15 within the subdivision. - 16 condominium projects or stock cooperatives which 16 (g) Only ,the payment of fees may be. required in 17 consist of the subdivision of airspace in. an existing 17 ,subdivisions containing 50 parcels or less. ` I8 apartment building which is more than five years old I 18 (h) Subdivisions containing less than five parcels and `., 19 when no new dwelling units are added. . 19 not used for residential purposes shall be exempted from 20 SEC. 7. Section 66477 of the Government Code is ' i 20 the requirements of this section; provided however, that 21 amended to read: 21 a condition may be placed on the approval of such parcel 22 66477. .The legislative body of a city count ma , b 22, ma that 'if a building permit' is re uested� for g Y Y Yt _ Y Y p g P q 23 ordinance, require the dedication of land Elie payment of_, 23 `construction of a'residential' structure or structures on ' 24 Cfees-in-lieu tliereo£ or a combination of both, £or park or :. 24 one or more of the parcels within four years the fee may 25'recreational,purposes as a condition to the approval of a 1 25 be required to be paid by the owner of each such parcel t 26 final map or parcel map, provided that: . 26 as a condition to the issuance of such permit. 27 (a) The ordinance has been in effect for a period of 30 27 Land . or fees required under,, this section shall be j 28 .days prior.-to the filing of the tentative map; of the 28 conveyed or paid directly to the local public agency 4 29 - subdivision or parcel map. 29 which provides park and recreational services on a 30 (b) The ordinance in definite standards for 30 communitywide level and to the area within which the 31 ,- determining the proportion of a subdivision, to be 31 proposed'development will be located, if such agency . ! ; ` 32 " dedicated and the amount.of any fee to be paid in lieu 32': elects 'to accept. the land or fee.; The local agency 33 ' thereof.. r , 33 '. accepting such land or funds shall develop the land or use 34 (c) The land, fees„or combination thereof, are to be ✓ 34 the funds in the manner provided herein. 35 :used only. for the purpose of providing' park or 35 In the :event park and recreational . services. and ` 36.-recreational facilities to serve the subdivision. 36 facilities are provided by a public agencyother than a city 37 " (d) The legislative body has adopted a general plan 374. or a county; the amount and location of land tb be 38 containing a recreational element, and the park and 38 : dedicated or fees to be paid shall be jointly determined 39 recreational facilities are in accordance with definite 39 by the city or county having jurisdiction and such public therein. 40 40 principles and standards contained ` : agency. : .;SB 823 —8 —•, —9 — SB 823 W 1' �� � be ` incurred b I :. The provis)ons ,of this section do not apply to industrial n_' y it ' in carrying on any program or - 2. subdivisions; nor do they apply to condominium projects 2 performing any 'service required .to be carried on or 3 or[stock cooperatives which consist of the subdivision of 3.. performed by it by this act. 4 airspace in an existing apartment building which ishr ore 5 (than five years"olds when no new dwelling units are l' 6 added, nor do they apply to parcel maps for a subdivision 7 , containing less than five parcels for a shopping center 8 containing more than 300,000 square feet of gross leasable 9, area and no residential development or uses. i. 10 Park and recreation purposes shall include land and 11 . facilities for the activity of ."recreational community 12 gardening," which activity consists of the cultivation by 13 persons other than, or in addition to, the owner of such 14 land, of plant material not for sale. '15 ' SEC. 8. (a) Any sales made pursuant to a subdivision r . 16—public report hereafter issued by the Department of Real 17 Estate for a stock cooperative conversion shall not be . 18 deemed invalid under the provisions of this act, if the - 19 application for that public report, including payment of 20 an appropriate fee, was made prior to July 1, 1979. 21 q4tis 22 \ (b) Subdivision (a) of this section shall not apply to O 23 stock cooperative conversions which occur in the 24 jurisdiction of governmental agencies which by 25 legislative action regulated such conversions under the 26 provisions of Subdivision Map Act prior to January 1, 1980. 27 Governmental agency regulation of such conversions 28 . under the provisions of the Subdivision Map Act, which .29 was exercised {;ie pursuant to a legislative enactment 30 prior to January.4 44W, shell be deemed velid- 1, 1980, 31., shall not be invalidated by this section;provided, that no 32., such regulation enacted after July 1, 1979, shall affect a f . 33 , stock cooperative conversion if the application for that 34 ' conversion's public report, including payment of an 35 appropriate fee, was made prior to July'], 1979. 36 • SEC. 9. Notwithstanding Section 2231 or 2234 of the i 37., Revenue and Taxation Code, there .shall be no 38 appropriation made by this act pursuant to these sections 39` because self-financing authority is provided in Section 40 '66451.2 of the Government Code to cover costs that may y'y 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 RECEIVED DEC 2 7 1979 CITY OF PALM DESERT ENVIRONMENTAL SERVICES LEGAL NOTICE CITY OF PALM PESERT REQUEST FOR APPROVAL OF A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES; LOCATED AT THE NORTHEAST CORNER OF JU �C'I'RC E AND CLUB CIRCLE DRIVE. CASE NO T 15734� NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: APN 627-430-002 _ vE t.— -PAS E 0�30--��I l I I Ir�I ♦RREA LLJJJJ E ,, T < 9XA0 M nbi�� CHICORY ]T E TT1.57.3 =® JLRE ET 'llvl♦ ((�TTTTT� ]TPE ET O l0 3 ao<r ooR�e ` SAID Public Hearing will be held on Thursday, December 27, 1979, at 7:00 P.M. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. This request if approved will allow the conversion of an existing multi-family building to co-op ownership. SHEILA I;, GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post December 13, 1979 (Z $11WP ®0 IFtnTI„,,, ,4!r M PRICKLY PEAR LANE,PALM DESERT,G RNIA 92260 - TELEPHONE(714) 346-0611 :ia�i UU UU:1. f6e,i:1. I{f:TURN/ i'Cl/; I:.NDE:yF II , Ni Q ()IiL:iVEJRA1:::L.E AS, FaDDi k C-C '.D I.1NI.1131_f: J'C) F 0RWoft'I:) Mr. Leonard Samuels 5807 Topanga Canyon Boulevard H 201 _ . _-Woodland Hills, CA C 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 9296D - =I TELEPHONE(714) 346-06I1 Mr- R. S. Hoyt 11242 Bimini Drive - Santa Ana, CA HOY 42 :1.61404N1. 1.2/1-t//Y RI:I'URN TR cq:.NDI:R NOT IJE_L:IVIERAI'_:LB_ AS fdOC)Fii-:="t:iF_D UNIFILF:E: TCl hUFiWAI-q) 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 µET UR TELEPHONE(714) 346-0611 TO'a'Fp SENOtR IVpr u FORWARD ' Mr. J.M. Wenck i 683 Vista Bonita Newport Beach, CA 92260 45-275 PRICKLY PEAR LANE,PALM DESERT,CA NIA 92260 TELEPHONE(714) 346-0611 •�` :i - Mr. Ted R_ Lennon 73745 Shado Lake Dr. Palm Desert, A . 92260 i I 00 45.275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(714) 346-0611 J Mr. Walter Lantz " 861 N. Seward Street Hollywood, )..3, i U !:LA Ot_H . .._.r. _ _... i�..._...r. — ..r-V.._.r_;..;_._.... i'+!i1� L:[:.i_..:4Y,::.I'a.n�a_.I_. r1.:] rirN./l'a.C:..a.:]i_.L1 a -1 ii t: u IN 46475 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA92260 TELEPHONE( '14) 346-0611 t s Patricia Chamberlain 10650 Holman Avenue West Los Angeles, CA 1.2/114/79 FZE-1-URi`! TO SENDER R I Nf:l`f IaEL_:LVER('lla_E (-I:`i t11�Ufi1:��iSEI� ' U(jnl;l-I_; Tf•] 1=CIFi4lF1F<D ' r . 1 • N `/2SLJ� Q� �Z11CLL11 r�s�`I��i11"uO y 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES; LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as:' APN 627-430-002 _E t —P n S E OLD N 0 E 0�E ! CeICO < Y !® _jZ W TT 1573 IC»EK, lT9E CT ♦!Y ] • CT Ol; I E/[ SAID Pub i`c "Hearing will be held on Thursday, December 27, 1979, at 7:00 P.M. in the Council Chambers. .in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. This request if approved will allow the conversion of an existing multi-family building to co-op ownership. SHEILA R, GILLIGAN, City Clerk City of Pals Desert, California PUBLISH: Palm Desert Post December 13, 1979 CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on : Tentative Tract Maps for Stock Cooperative Purposes Applicant: Shadow Mountain Resort & Racquet Club, 73-850 Fair- way Drive, Palm Desert, CA 92260 Case No(s) : TT 15734 and TT 15735 Date: December 4, 1979 I. REQUEST: Request for approval of two Tentative Tract Maps which would provide for the conversion of two existing multi-family residential buildings to cooperative ownership, within the PR-7 (Planned Residential , max. 7 d.u./ac. ) zone located within the Shadow Mountain Resort and Racquet Club development, east of San-.Luis; Rey Avenue, and south of Shadow Lake Drive. LOCATIONAL MAP: is i i i Illnllill / ! I IIIIIIII I,IIII 1 _E t =PHSEO ; ^ T ' A� �.. SHAD tNicoPr ,� 573 i� 7T ,iPEET �_ �L1 Cl 1 � I I II. BACKGROUND: A. ADJACENT ZONING:: . North: PR-7 South : PR-7 East: PR-7 West: PR-7 B. GENERAL PLAN LAND USE DESIGNATION: Low Density Residential 3-5 d.u./ac. C. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is categorically exempt, and no further documenta- tion is deemed necessary by the Director. STAFF REPORT December 4, 1979 Page -2- D. PREVIOUS PERTINENT CASES: - CUP 03-73, Destination Resort Management; original project approval (January, 1974). - Tract Map No. 5277; final map for the Shadow Mountain Develop- ment approved by the Council on September 8, 1977 (Subject Maps are a portion of this tract) . E. MAP DEFINITION: 1. TT 15734 - contains 0.31 acres ; consisting of 21 attached multi-family dwelling units (18 studio units, and 2-one bedroom units). 2. TT 15735 - contains 0. 10 acres; consisting of 12 attached multi-family dwelling units (all studio units) , F. PARKING ANALYSIS: Proposal involves the granting of an easement for parking facili- ties which are not contained within the boundaries of the proposed maps , but which are located on adjacent lots of the original sub- division (Tract 5277) , and which also serve, other project condominium units. TT 15734 (Lot No. 2 of the original Tract No. 5277) is proposed to be served by parking facilities on Lot No. 1 of Tract No. 5277. TT 15735 (Lot No. 4 of the original Tract No. 5277) is proposed to be served by facilities on Lot No. 3 of Tract No. 5277. LotsNos. 1, 2, 3, and 4 contain 22 condominium units and 33 exist- ing apartments (the proposed stock cooperative units). If the proposed cooperative units are viewed as apartments , for purposes of applying parking requirements , the present Ordinance requirement would be as follows : - 22 condominium units - 44 covered spaces and 11 open bays. - 33 cooperative units - 33 covered spaces and 17 open bays. - Total Required Parking 77 covered 28 open 105 spaces - Total Proposed Parking 44 covered 61 open 105 spaces Deficiency: 33 spaces to be covered, G. RECREATION AMENITIES: Existing amenities of the Shadow Mountain Development proposed to be provided by use easement. III . DISCUSSION: Senate Bill No. 823, recently signed into law, amends the Subdivision Map Act to require tentative and final subdivision maps to be submitted to the local governing body (in this instance the City) for approval of the formation of a Stock Cooperative. Heretofore, the City would not have had knowledge of a conversion of apartments to a cooperative; the only approval required was from the State. Because this is a new subject, the City's Zoning Ordinance does not contain any special provision for cooperatives. Staff''s analysis is based on a comparison of standards for apartment units. Likewise, the. STAFF REPORT December 4, 1979 Page -3- III . DISCUSSION.: (Continued) City's General Plan must specifically address Stock Cooperatives, to deny a subdivision map for land use reasons; but, this does not preclude the ordinary operation of zoning regulations as to unit size, parking facilities, minimum lot requirements , etc. The unusual aspect of this proposal is that parking and amenities are not located within the subdivision boundaries , but rather they are provided by means of access and use easements within the original sub- division of the Shadow Mountain project. A comparison with present zoning requirements also indicated a need for additional covered park- ing, which would mean the construction of 33 carports (see Special Condition No. 1, relating to this subject) . IV. STAFF RECOMMENDATION: Subject to application of normal subdivision requirements and based on the justification contained in the draft Resolution: Recommend approval to the City Council of TT 15734 and TT 15735, by adopting Planning Commission Resolution No(s) 555 , and 556 , subject to conditions. /N THE C/TY OF PfiLM LL:.SC.E T, LALLFO.PL,L/A ,IEEE L p� C 3HL'E/J '� ` ::: �`:w �y,�(•q JUOd✓it/G.,v LVA POCT o.v c✓T.✓f.lFf% LM•f6G/'U�'' CONDO/v1/N/UN1PVn..A, FRe n'WI "A,n•o�.' AAA.o—°ALA jbp�i�6 "`n• B °�° nrnm-.F .,rn•on w... ,w ` •��.,,� •�' I ._. . ..rY r4.•J��lY'� r'Jt I - i l ' •3L+ 2�4,, /IVY � - • ()(.YJTIT MON✓M!N/J farwvU AJ NOTlO f � /�{ (��'( • ACNOTl1 loct^/O J/[,'A'A'/o^'✓/ycNrJ/!.c 4/ �^Jr 1 `J� S / _ 1;, ` V ,Z.fJ/S NL/O//O•J FNO Nn/CNLV"O HFP y + re.sr>rf Ara. �u/.rc-sv I •�1 � � •J ,\ • glNOT61 !p✓NO 1>O-A'MJN✓MGNTJ /« ♦ AG- �•I'II'r .,Ol e •' O l✓NOTIJ' L/✓ GO, JTO F-HON✓MCNT-f r 5Z 77 r YwTGt G✓ CO JTO J P dNUMfNTJ (v I °r °� f NXY'PY y J` Jcr rHcalo L s.//.G �/ ' .h -'` • x.wTls LlwO,Tn c.CG M!• ,•4' L'XC'LCO,✓oo0 1TF,A'c! ST A/ALL LOr •.� LO�'e"a ••'!\5 F t-�. COCNEe3. TFoalo L.J.JiJ J. Un L...--. 9 F` i a '•yr. cTNEewv< lro r�o. .� � 4 0 •:aA TN'<CF NGC „!FGIfS.GCOJJ.N,/+,N 7NF Giul. DES �`":,� 'mod * ' `"ay �4-� "Y.aacsrc• ai>N/J rcacr •� s o� v!t^ aCgJ/-] OF BfA�/NET d,NG TAf m . h .�t 6 iL�J y � 8 � t L, nx rNnrsTfcLr nruf a-,cac� os rr..cr • '/, ✓ ° } •. S • � � .� •yW �y „O. OSOS nr.00��-Jei✓Co IECGKaJ J w c a r. le `CIA A 0, �E k tY \ •i�lj A. :Y•�' - Z •few S-277-3 \'-\ �•j .i� !• .w.• LAI { y`•ae/ ✓ wo ��.r nG N• b \, / ' \1 jSO { ..•wEf 'f ..�` LiiIOA ^d et r° AAAL . �� ���'� u:�n::>'�.r is i'•u•. .•,n �� ,. { r :\y t\Cf �, " n�1�N�fe�l����T✓G.I y,� o v { :or u• u•h,rt w.m - \ - 'E v, ::. `..u•m•.. «m \Am ALL \ 4 'n .c• .•• i♦ bl \ dd �l��r, 1 - u �p.woa• w .r....... I ' t + 'li:: .� ..•. � I :•In.«.; i n SOUTHERN CALIFORNIA [fl COMPANY 370D CENTRAL AVENUE • RIVERSIDE, CALIFORNIA R.W.RIDDELL Eastern DMaion Distribution Planning Supervisor Mailing Address P.O. BOX 2200, RIVERSIDE, CALIFORNIA 92676 November 23, 1979 Location of Nearest Gas Main: In Portola Avenue City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: TT 15734 & TT 15735 This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area .There the above flamed project is proposed. Gas service to the project could be provided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made . The availability of natural gas service, as set forth in this letter, is based Upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction bf. the California Public Utilities Commission. We can also ba affected by actions of federal regulatory agencies. Should these agencies take. any action which affacts gas supply or the condition under which service is available, gas service will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs , please- contact this office for assistance. jI ' �• •� 1 yl i November 5, 1979 - i ■ ■ owls Mr. Murrel Crump Planning Department A City of Palm Desert 45-725 Prickly Pear Lane RESORT Palm Desert, California 92260 AND RACQUET Dear Murrel: CLUB 73-650 Fairway Drive RE: Tentative Subdivision Map Application Palm Desert,California 92260 Shadow Mountain Resort & Racquet Club Telephone(714)346-6123 Tracts 15734 & 15735 Palm Desert Venture, Ltd. the legal owner and developer of Shadow Mountain Resort and Racquet Club has submitted to the Department of Real Estate, an application for a stock cooperative. The stock co- operative will consist of Tracts 15734 & 15735 and the existing improvements thereon. The existing improvements to be converted to this new form of owner- ship consist of 33 units in two buildings. (Approximate age 15 years.) (See attached Site Map.) No additional improvements are necessary. The buildings are connected to the Coachella Valley County Water Dis- trict sewage system. All parking is in. There are no tenants in these structures to be evicted. Parking for the existing buildings to be co-oped' is provided by ease- ments of record on Tract 5277, Lots 1 & 3. See attached example. The pedestrian easements as well as vehicular easements are also of record. The co-operative will have an agreement with the condominium associa- tion and Palm Desert Venture, Club Owners for use of amenities and com- mon facilities as well as common maintenance. Tract 5277, Lots 1, 2, 3, & 4 consist of 22 condominiums and 33 apartments. Total covered parking requirements = 44. (22 X 2) Total uncovered parking requirements = 60.5 (22' + 33 X 1' ) Existing parking = 44 covered and 61 open. Protective covenants proposed to be recorded are attached. Destination Resort Management Corporation, managers of Shadow Mountain Resort and Racquet Club for the past five years will continue to man- age the stock cooperative. Destination Resort Management, Inc. is a subsidiary of Lowe Development Corporation, General Partner of Palm Desert Venture, Ltd. Palm Desert Venture, Ltd. believes that the con- version to a stock cooperative will have no effect on the city or the local community and is consistent with the development plan and zoning presently in effect. The property immediately surrounding the above tracts is used for condominiums. Destination Resort Management, Inc. Other Resorts:The Gant—Aspen,Colorado • Coeur du Lac—Lake Tahoe,Nevada bel Crump er 5, 1979 : .' aye 2. Senate Bill, Number 823, a new bill designed to empower cities to bet- ter control conversions of existing apartment houses, states that a tenative and final map is required to complete a conversion. Cooperative conversions still require a Final Public Report from the Department of Real Estate. Palm Desert Venture, Ltd. has completed its filing with the Department of Real Estate and awaits only city approval. Palm Desert Venture, Ltd. is looking forward to finishing its final phase of development now under construction. This last phase will com- plete our development potential of this property. Palm Desert Venture, Ltd. will continue to own and operate the commercial facilities and amenities.to include an on-going hotel management. Lowe Development Corporation, along with myself, look forward to main- taining Shadow Mountain Resort & Racquet Club as a national resort, one the City of Palm Desert can be proud of. Thank you for your prompt attention to this matter. Sincerely, Ted R. Lennon Vice-President Lowe Development Corporation CC: Paul Williams Robert Lowe I November 20, 1979 Mr. Murrel Crump Plannning Department - City of Palm Desert , • 45-275 Prickly Pear Lane Palm Desert, California 92260 RESORT AND RACQUET Dear Mr. Crump: CLUB RE: Shadow Mountain Resort Co-op Conversion 73-850 Fairway Drive Palm Desert,California 92260 Tract Map Number 15734: Telephone(714)346-6123 Plan A Studio 6 Units 605 Sq. Ft. 3630 Total Sq. Ft. " B 8 630 " 5040 " " C 4 580 " 2320 " D „ 1 „ 485 " „ 485 „ 11 E 1 BR 1 It 625 " 625 " F 1 BR 1 " 976 " It 976 " " " 21 Units 13076 Total Sq. Ft. Tract Map Number 15735: Plan A Studio 12 Units 430 Sq. Ft. 5160 Total Sq. Ft. If I can provide you with any additional information, please call me at 346-4639. Sincerely, Ted R. Lennon Vice-President TRL/lw Destination Resort Management, Inc. Other Resorts:The Gant-Aspen,Colorado • Coeur du Lac-Lake Tahoe,Nevada - 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE December 6, 1979 APPLICANT Shadow Mtn. Resort and Racquet Club 73-850 Fairway Drive Palm Desert, CA 92260 CASE No. : T :15734 and TT 15735 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of December 4, 1979 CONTINUED TO DENIED X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 555 and 556 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. X PLACED ON THE AGENDA OF THE CITY COUNCIL OF December 27, 1979 FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLI.MIS, SECRETARY PALM DESERT PLA%KING CO?^ffSSSION cc: Applicant C.V.C.W.J ... .. - - r / PLANNING COMMISSION RESOLUTION NO. 555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December, 1979, hold a duly noticed Public Hearing, to consider the request of SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a l . lot Tentative Tract Map for co-op purposes to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Residential , max. 7. d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as: APN 627-430-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has been found to be a Class 1, Categorical Exemption, and no further documentation is deemed,necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 15734 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of December, 1979, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder E NOES: None ABSENT: None ABSTAIN: None WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION NO. 555 Page -2 STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15734 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tion to all the requirements , limitations , and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. The C.C. & R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . c. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 3. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 4. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. 5. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 6. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 7. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review, if it is required to be upgraded. 8. All requirements of the City Fire Marshal from his letter of November 27, _ 1979, shall be met as a part of the development of this tract. 9. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 15734 is in accordance with the requirements prescribed by the City Fire Marshal ." 10. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 11. The total number of lots shall be limited to one for cooperative owner- ship purposes. 12. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the Final Map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council . 13. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final. Map. PLANNING COMMISSION RESOLUTION NO. 555 Page -3- 1. The subdivider shall provide for covered parking spaces as required by Section 25.58.230 of the Palm Desert Municipal Code, in addition to that which already exists, and in addition to that which is now required for the condominium units on the lot where parking facili- ties are located, to the extent necessary to satisfy the said section, prior to recordation of the Final Map. The applicant may bond for the installation of the additional covered parking within one year of the recordation of .the Final Map. 2. Subdivider shall submit easements and agreements that now exist, or which are to be recorded for the purposes of providing access to the subdivision, granting use of parking and recreational facilities, and other matters related thereto to the Director of Environmental Services `-- .for review, and final approval by the City Attorney, prior to the recordation of a Final Map. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature PLANNING COMMISSION R -LITION NO. 555 Page -4- e-4-• 175 DEPARTMENT OF FIRE PROTECTION c1,1' IN COOPERATION WITH THE UNTY� CALIFORNIA DIVISION OF FORESTRY -RIVERSIDE .'.,'; DAVID L. FLAKE COUNTY FIRE WARDEN P.O. BOX 248 210 WEST SAN JACINTO STREET PERRIS. CALIFORNIA 92370 TELEPHONE (714) 657-3183 November 27, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Tracts 15734 & 15735 Dear Mr. Williams, If standard improvements are required, the developer will be required to upgrade the water system to current standards. David J. Ortegel Fire Marshal DJO:dt : I PROOF OF PUBLICATION (2010s 2015.5 CCP) PROOF OF PUBLICATION OF CITY OF PALM DESERT—LEGAL N07ICf "1 CITY OF PALM DesERrF' ' LEGAL NOTICE OR APPROVAL OF A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES,LOCATED ATATHE NORTH- TT 15734 CLpEs 0�?V t1ER OF JUNIPER CIRCLE'AND•CLUBLIR-1 CASE NO.ETT ISM NOTICE IS HEREBY GIVEN that a Public Hearing will be' ' I a m a citizen o f the United held before the Palm Desert Plannlnp Commission to consider a r LL t by SHADOW MOUNTAIN RESORT AND RACQUET States and a resident of the C B for approval of a 1 lot Tentative Tract Mop far co-op County aforesaid: I am over the aurr0000S5eess ta ouow the conversion of an existing multi-fame resldentipl bulldin to co-op ownership an approximaMly .3T g y e a r s p and not wUine l0 1oMted of the the nort mst�corneer of Juniner"Circle and Club age o f eighteen Clrc(e Drive, more particuloraly dew,lbed as: a party to or interested in the APN 627d3D= above entitled matter. I am the � ••� '• principal cleric of the printer of PALM DESERT POSTS a newpaper of general circulation• printed and published daily .in the city of Riversides County of I TT +�s . Riversides and which newspaper >: has been adjudged a newspaper of general circulation by the i4 Superior Court of the County of Riversides State of Californian AK under date of October 59 19649 JI Case number 83658; that the ` notices of which the annexed is a printed copys has been published SAID Public Hearl will be held on December A :J"r0;aM ; in each regular and entire issue TOO P.m.In Me Council Clambers In the Palm Desert filv,Hau,A , 45275 Prlckl Pear Lane Palm Desert,California,at which al o f said newspaper and not i n any and Place a�l Interested persons are Invited to attendaond brx Y heard.This request If roved will allow the conversion-efa - - S supplement thereof on the following PAULA WILfLI MS�s�ecr arygrCOpOw"erShlp. — datess to-wit"+ Palm Desert Planning Commission POP-nial 3232'` 'sL 11122 0979 I Certify for declare) under penalty of perjury that the foregoing is true and correct. Dated November 229 1979 at Riversides California =---------- CITY OF PALM DESERT \49i1�� (3D: 1B:'enMTffr) _ 1` r r Q NOV 18'7?' 45-275 PRICKLY PEAR LANE,PALM OESERT,CAUFORNIA62260 TELEPHONE(714) 546-0611 1 Mr. Walter Lantz 861 N. Seward Street Hollywood, CTy 90038 L..AN 61X 29204( zU 1.1/20/7 RETURN TO SENDER NOT DI:"I_:I:VE-.R(-tBL-E AS ADDRE£i5l•=D UNAE)L.I5: TO FOFMARD . • _=�' > .. Cam-- ��� o0 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot Tentative Tract Map for co-op pur- poses to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Resi.- dential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as : APN 627-430-002 vE L _PAS EO�yy�11, a ARR5A 35 T F ! i O R I EV E I�JJ''^`1III J N C L E 4F R T 1111111 1-Mil 9NA011 M CHICORY ,TRE TT i PEPPE RG II , TREET A V AY ` �E�''ff{TTT� 99 T ¢�OE E (HIE SAID Public Hearing will be held on December 4, 1979, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California , at which time and place all interested persons are in- vited to attend and be heard. This request if approved will allow the conversion of an existing multi-family building to co-op ownership. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 21, 1979 <191QrWr cg>:ap 1'RaaDTlt�xi �®I2o{fe +°lY�7iS` '�- p.�+19'IS -a •., i�e� ------ 45-276 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 .gzlcj TELEPHONE(714) 346-0611 Mr. Ted R. non +e� 73745 Sha W Lake Dr. ; Palm Des t,"CA -92260 I , G h l 1 t� 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 b� •!`"4. CITY OF PALM DESERT LEGAL NOTICEyQ�'' 2 ENVIRO OF£PP M 0�V R7S REQUEST FOR APPROVAL OF A 1 LOT TENTATIVE TRACT MAPCFOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot. Tentative Tract Map for co-op pur- - poses to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (_Planned Resi. dential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle .Drive, more particularly described as : APN 627-430-002 _E t _PAS EO ♦PIIE♦ e D LI, M OtE < - E ! T A 9N10 M ^ CNICO AV 5T9E TT 9573 a AE�A:.A.A , T REET F1'A/1T FTTT9 6o T[ T OA W L °ots SAID Public Hearing will be held on December 4, 1979, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. This request if approved will allow the conversion of an existing multi-family building to co-op ownership. PAUL A. WILLIAIIS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 21, 1979 1 •; (,�A c. `Cr $'�=Lv-^�,;lly:�Q�i71uLi�....,.....: ' �i$lw� (324ap ®ZP'i7o Fi(7Y i:,. ,.u ..,.. 5' .��....., 43.273 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA92260 f,'FTur:N TELEPHONE fTl4J 348-0e11 NOT DF`I...7111=:ftAF::I_I_l0 c3FNC}ERA ADI:}Fil:_£i;3F.:1:1 I INAIr.4 l'Cl FORWARD _,. Mr. R. S. Hoyt 11242 Bimini Drive - .;� Santa Ana, CA ,4 o2 n � u 1. 45-275 PRICKLY PEAR LANE, PAL1d DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot. Tentative Tract Map for co-op pur- - poses to allow the conversion of an existing multi-family residential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Resi- dential , max. 7 d.u./ac. ) zone, located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as : APN 627-430-002 mEt PASEO• ' A e a o H v c iJ]II�^\\III � 1. SHAD [ , T n w '1J c L N o T C - cHlcolr ,THc .p � 1 I `:vE roEnc� , T R E E T �L1J TF—F—F—El L]TTlTj OLD I -a nyE ` H�F I r C SAID Public Hearing will be held on December 4, 1979, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. This request if approved will allow the conversion of an existing multi-family building to co-op ownership. PAUL A. WILLIANS , Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 21, 1979 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-06I1 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A 1 LOT TENTATIVE TRACT MAP FOR CO-OP PURPOSES, LOCATED AT THE NORTHEAST CORNER OF JUNIPER CIRCLE AND CLUB CIRCLE DRIVE. CASE NO. TT 15734 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by SHADOW MOUNTAIN RESORT AND RACQUET CLUB for approval of a 1 lot. Tentative Tract Map for co-op pur- poses to allow the conversion of an existing multi-family resi-dential building to co-op ownership on approximately .31 acres within the PR-7 (Planned Resi dential , max. 7 d.u./ac. ) zone,. located at the northeast corner of Juniper Circle and Club Circle Drive, more particularly described as : APN 627-430-002 -__E t —D A 5 E O j • A 0 A E CHICORY R E . 1573 �® ITNEET FAIRWAY iLLLii J==, ET OLD — 1 AD h I ' CpRaa[ H Rf SAID Public Hearing will be held on December 4, 1979, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. This request if approved will allow the conversion of an existing multi-family building to co-op ownership. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 21, 1979 s 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No. : TT 15734 & TT 15735 Project: Stock Cooperative with 33 Units Applicant: Shadow Mtn. Resort and Racquet Club Enclosed please find materials describing a project for which the following is being requested: stock cooperative cons.i.sti_ng of 33 units in two existing buildi.ngs including adjacent existing mprove- ments located within the Shadow Mountain Resort and Racquet Club which is located at 73-850 Fairway Drive. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc. ) Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. November 26 , 1979, in order to be discussed by the Land Division Committee at their meeting of November 28 - The Land Division Committee (comprised of Director of Environmental Services , City Building Official , City Engineer, Fire Marshal and a representative of CVCWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Com- mittee nor will it be forwarded to the Planning Commission for consid- eration. Very truly yours, Paul A. Williams Director of Environmental Services PAW/ss PLEASE RETURN MAP WITH COMMENTS t CIRCULATION LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps, CUP's, GPA's, etc: REVIEW COMMITTEE: l.k/'Palm Desert Director of Environmental Services - Paul Williams 2. Palm Desert Director of Building & Safety - Jim Hill . 3. `. Palm Desert Director of Public Works - L. Clyde Beebe 4. 'Palm Desert Fire Marshall - Dave Ortegel 5. Robert P. Brock Office of Road Commissioner and County Surveyor Administration Office Building, Room 313 46-209 Oasis Street — — Indio, California 92201 (Phone: 347-8511, ext 267) 6, M. A. Ferguson Imperial Irrigation Dist.. Power Div. P. 0. Box 248 Coachella, CA 92236 398-2211 7. Lowell 0. Weeks General Manager - Chief Engineer Coachella Valley County Water District (C.V.C,W.D. ) P. 0. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651) 8. R. J. Lowry Project Development Services California Department of Transportation P. 0. Box 231 San Bernardino, California 92403 (Phone: (714) 383-4671 ) 9. _ Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 (Phone: 345-2831) 10. Director of Planning City of Rancho Mirage 69-825 Highway ill Rancho Mirage, California 92270 (Phone: 328-8871) 11. E Kermit Martin Southern California Edison Company P. 0. Box 203 Palm Desert, California 92260 (Phone: 346-8660) 12. Chuck Morris General Telephone Company Cf62-147 Desertaire Road Joshua Tree, California 92252 (Phone: 366-8389) 13. R. W. Riddell 4t, Engineering Department 4 Southern California Gas Company P. 0. Box 2200 Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) y Circulation List for All Cases Page Two 14. Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 (Phone: 347-4071) 15. J .!rh Langdon Palm Desert Disposal Services , Inc. 36-711 Cathedral Canyon Drive XP. 0. Drawer LL Cathedral City, California 92234 (Phone: 328-2585 or 328-4687) 16. Stanley Sayles President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, California 92260 (Phone: 346-6338) 17. Regional Water Quality Control Board 73.-271 Highway 111 , Suite 21 Palm Desert, Ca. 92260 (Phone: ) 18. Harold Horsley Foreman/Mails U. S. Post Office Palm Desert, California 92260 (Phone: 346-3864) 19. Joe Benes Vice President & General Manager Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) 20. Don McNeely President - Palm Desert Chamber of Commerce P. 0. Box 908 Palm Desert, California 92260 (Phone: 346-6111) 21. Kpvin Manning Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279) 22. James Whitehead Superintendent - District 6 _ State Parks and Recreation 1350 Front Street, Room 6054 San Diego, California 92101 (Phone: (714) 236-7411) 23. ' Les Pricer Redevelopment Agency 73-677 Highway Ill _ Palm Desert, Ca. 92260 (Phone: 346-6920 24. Robert I. Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 E1 Paseo Palm Desert, Ca. 92260 1 CIVIL ENGINEERING 600 E.TAHOUITZ-McCALLUM WAY SUITE D PALM SPRINGS, CALIFORNIA 92262 NEBfi ENfiINEERINfi,INC. TELEPHONE 714.325-2245 TRANSP9ITTAL RECORD DATE: November 6, 1979 ATTENTION: Paul Williams ADDRESS: X CITY OF Palm Desert RIVERSIDE COUNTY RE PARCEL MAP NO. TENTATIVE MAP TRACT NO. FINAL MAP TRACT NO. STREET PLANS SEWER PLANS WATER PLANS GRADING PLANS TOPOGRAPHY SURVEY PLATS LEGAL DESCRIPTION OF REMARKS: Enclosed please find 30 copies and one sepia of the tentative tract map 15734 for filing. WEBB ENGINEERING, INC. 9t ,� VIA• Jim McGillvray � u \Rol 45-275 PRICKLY PEAR LANE, PALM DESERT CA, 92260 JC SMYMZOAL LSQ0 ITQMZULS ***TENTATIVE SUBDIVISION MAP*** DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION SHADOW MOUNTAIN RESORT & RACQUET CLUB Applicant (please c,,m) 73-850 FAIRWAY DRIVE 714-346-6123 Moiling Address Telephone PALM DESERT, CA 92260 City State Zip-Code REQUEST: (Describe specific nature of approval requested) Tentative Subdivision Map Application Shadow Mountain Resort, Tract 15734 . C PROPERTY DESCRIPTION: r, t Existing Tract 5277, Lotj 2 ASSESSOR'S PARCEL NO. Tract 5277, Lot 2 627-430-002-2 17 EXISTING ZONING PR-7 Property Owner Author ti SI ED - AT THEY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- w _ . . $i00RA6flIbfI#uCAT1ON. .QENERAL-9ARTN�R NATURE DAT PAIAfh¢Y6fu;tTAVPr �'T[jY,pF PA E LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS. BY LOWE DEVI50PWNIYCGRF%I THIS AGREEMENT, ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- GENERAL PARTNER TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN. Or TOP. LDmM —f s --&/' ';'_� /i — r—7 9 f� ' �PRE.Q�DE4Qi SIGNATURE _ DATE Applicant's Signature PALM DESERT VENTURE, LTD, BY LOWE DEVELOPMENT CORPORA / GENERAL PARTNER `—Q,�✓V\/v �� 7/� - �� SIGNATURE DATE (FOR STA5fjM0fftdWONMENTAL STATUS ACCEPTED BY — G [Jp C INISTERAL A CT E.A.No. ATEGORICAL EXEMPTION /— O NEGATIVE DECLARATION CASE No. ❑ OTHER REFERENCE CASE PARCEL A: A condominium comprised of : PARCEL 1 : An undivided 1/15th interest in and to Lots 1 and 2 of Tract No. 5277-2 , in the City of Palm Desert , County of Riverside , State of California, as per map recorded in Book 95 of Maps, at Pages 20 and 21, in. the Office of the County Recorder of said County. EXCEPTING THEREFROM Units 1 through 15 as shown upon the condominium plan re- corded on June 19 , 1978 , as Docu- ment No. 124886 of Official Records of said County. PARCEL 2 : Unit as shown upon the condominium plan referred to in PARCEL 1 above . PARCEL 3 : A non-exclusive easement in and over Lots A and B of Tract No. 5277-1 , as shown by amended Map on file in Book 90 of Maps at Pages 56 and 57 , in the Office of the County Recorder of River- side County. Said easement is for ingress , egress and road purposes . Excepting therefrom and reserving to Grantor, its successors and assigns, a perpetual, non-exclusive easement in, upon and across the real property described as Lots 1 and 2 of Tract No. 5277-2, in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps , at Pages 20 and 21 , in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress and egress and access from and across said Lots 1 and 2 of said Tract No. 5277-2 to all or any part of the real property described in Exhibit A hereto. Notwithstanding anything to the contrary contained herein, said easement shall be restricted exclusively to pedestrian use by Grantor, its guests, invitees, agents, ser- vants and licensees and does not include the right to pass in, upon, across or through any buildings or other improvements ATTACHMENT A (Tract 5277-2 , Lots l and 2) which are presently situated or may hereafter be constructed upon said Lots 1- and 2 of said Tract No. 5277-2 or any land- scaped portion of said real property not intended for pedestrian movement. The easement hereby reserved is for the benefit of and is appurtenant to all or any part of the real property described in Exhibit A hereto; PARCEL B: A perpetual, non-exclusive easement for ingress , egress and road purposes in, upon and -across the real property described as follows : All that portion of Lot 1 of Tract No. 4545 as recorded in Map Book 31, Pages 8 and 9 also being a portion of the Southeast 1/4 0£ Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian; C014MENCING at the most northeasterly corner of said Lot 1, said corner also being on the westerly right-of- way line of Mountain View Avenue as per Shadow Mountain Park Estates Unit No. 1 as recorded in Map Book 28 , Pages 18 and 19 , Riverside County Records; THENCE South 00009145" East a distance of 36 . 00 feet along the most easterly line of said Lot 1 and the westerly line of Mountain View Avenue; THENCE South 89050 ' 15" West along the southerly line of said Lot 1 a distance of 131. 04 feet to the beginning of a tangent curve concave northerly and having a radius of 120 .00 feet; THENCE northwesterly along said curve through a central angle of 38°07 ' 57 " and a length of 79 .86 feet; THENCE continuing along said southerly line of Lot 1, North 52'01 ' 48" West a distance of 4.49 feet; THENCE. North 11041153" West a distance of 181. 69 feet to the northerly line of said Lot 1; THENCE South 61031159" East a distance of 23 . 51 feet along said northerly line; THENCE South 11041 ' 53" East a distance of 141. 36 feet along the easterly line of said Lot 1; THENCE continuing along said line, South 52'01 '48" East a distance of 10. 64 feet to the beginning of a tangent curve concave northeasterly and having a radius of 40 .00 feet; -2- THENCE along said curve through a central angle of 38107 ' 57" and a length of 26. 62 feet; THENCE North 89059 ' 15" East a distance of 155 . 95 feet along the northerly line of said Lot 1 to the POINT OF BEGINNING. The easement hereby granted is for the benefit of, and is ap- purtenant to, the real property conveyed herein and more parti- cularly described as PARCEL A hereof. PARCEL C: A perpetual , non-exclusive easement for ingress, egress and road purposes in, upon and across the real property described as Lots A and B of Tract No. 5277, in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 18 and 19 , in the Office of the County Recorder of said County and Lots C and E of Tract No. 5277-1, ' in the City of Palm Desert, County of Riverside , State of California, as per amended map recorded on June 9 , 1977 in Book 90 of Maps at Pages 56 and 57, in the Office of the County Recorder of said County. The easement hereby granted is for the benefit of, and is appurtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof . PARCEL D: A perpetual, non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545 in the City of Palm Desert, County of Riverside, State of r California, as per map recorded on March 28 , 1975 , in Book 81 of Maps at Pages 8 and 9, in the Office of the County Recorder of said County, which easement shall consist of rights-of-way -3- for ingress, egress and parking purposes across the parking area indicated by "Line a" on Exhibit B attached hereto and incorporated herein by reference. The easement hereby granted is for the benefit of, and is appurtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof. PARCEL E: A perpetual , non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545 in the City of Palm Desert, County of Riverside, State of Cali- fornia, as per map recorded on March 28 , 1975 in Book 81 of Maps at Pages 8 and 9 , in the Office of the County Recorder of said County; and the real property described as Lots 1 and 2 of Tract No. 5277-1 in the City of Palm Desert, County of Riverside, State of California, as per amended map recorded on June 9 , 1977 in Book 90 of Maps at Pages 56 and 57, in the Office of the County Recorder of said County; and the real pro- perty described as Lots 1-4 of Tract No. 5277, in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 18 and 19 , in the Office of the County Recorder of said County; and the real property described as Lots 1 through 5 of Tract No. 5277-3, in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps at Pages 22 and 23, in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress and egress and access from and across said real property to all or any part of the real property conveyed hereby. Notwithstanding anything to the contrary contained herein, said easement shall be restricted -4- exclusively to pedestrian use and does not include the right to pass in, upon, across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said real property or any landscaped portion of said real property not intended for pedestrian movement. The easement hereby granted is for the benefit of, and is ap- purtenant to the real property conveyed herein and more parti- cularly described as PARCEL A hereof. In the City of Palm Desert, County of Riverside, State of California, described as follows: Parcel 1 : Lot 1 of Tract No. 4545, as per map recorded on March 2.8 , 1975 in Book 81 of Maps, at Pages 8 and 9 , in the Office of the County Recorder of said County. Parcel 2 : Lots 1 and 2 0£ Tract No. 5277-1, as per amended map recorded on June 9 , 1977 in Book 90 of Maps , at Pages 56 and 57 , in the Of- fice of the County Recorder of said County. Parcel 3: All of Tract No. 5277-3, as per map recorded on December 20, 1977 in Book 95 of Maps , at Pages 22 and 23 , in the Office of the County Recorder of said County. Parcel 4 : All of Tract No. 5277, as per map recorded on December 20 , 1977 in Book 95 of Maps, at Pages 18 and 19 , in the Office of the County Recorder of said County EXHIBIT A to ATTACHMENT A o Ja�.�a ti+a ric R:An roR ro,o or / a In rwr lima:-_-,�r x'rr . ccvurr;f c:fr-..ate .ire rf ' } : f"OR CONpOM/N/uM •�uw i'CI II F/R5 r FLOOR `• { ��w � � L �(r ncwe eo/.nowv�ee row w A er,.c�e pq ' F, • " �Ic !-.. to r..w.nc:c...r - ?J � � ..-.r 1 orr(A a.m.ru• rGnea o �� Itarvcwt ounow An(e row w w e�cu r j PARKLOT IfaCf �` w r r �q ` _ .. nJ GF,n.Gn. nr Gr- .o TA. 0..✓. >. . P ' , a \ - •', III SEe A•r-rACHMENT �J �k- � rJov al GEL SEE AiTACIJMENT , °a •• • • b ,5 J 55A /.JIAc .!' 'sy 4 \�• 4 O . ll ' O /.93Ac.y� n•, 'r / JDv• h 7 y //? 'RONWOOD ST. / 3.43 L BK. SCE Q-rrACHMENT 'A" Da/O : 'W,9 21I50-54,2/IB/-B4,2B/!B-!9,50/B-9 RECORDING REQUESTED BY f AND WHEN RECORDED MAIL TO r Timi Anyon Hallem, Esq. H... Tuttle & Taylor 609 South Grand Avenue clt,a Los Angeles, CA 90017 Ihn. 1 J .It TAX R•TIMI(TI TO F—L & L ENTERPRISES N.. c/o Ted Lennon +m' AdlnR Shadow Mountain Resort & city a Racquet Club +t•• L73850 Fairway Drive J Palm Desert, CA. 92260 SPACE ABOVE THIS LINE FOR RECORDER'S USE Partnership Grant Deed TO 1925 CA (1246)' THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N. The undersigned grantor(s)declare(s): Documentary transfer tax is S ( )computed on full value of property conveyed,or ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( )Unincorporated area: ( )City of and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PALM DESERT VENTURE, LTD. a limited partnership organized under the laws of the State of California herebyGRANTSto L & L ENTERPRISES, a joint venture of Lowe Development Corporation, a California corporation, Resorts, Ltd. , a California limited partnership, and William Walters Company, a California corpora— tion the following described real property in the City of Palm Desert County of Riverside State of California: See Exhibit A attached hereto. PALM DESERT VENTURE, LTD. , a limited partnership By LOWE DEVELOPMENT CORPORATION, ted: General artner STAT F CALIFORNIA - ss. ByRo J. L e, President PafttYeX COUNTY On _before me, the under- By PeAmer signed, a Notary Is in and for mi late, personally appeared known to me to be of the partners of the partnership that ex tad the within instru nt, and acknowledged to me that such rtnership executed the same. WITNESS and and official seal. Znatr,— (This area for official notarial seal) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE A perpetual non-exclusive easement for parking purposes across the six (6) most southerly open parking spaces located on the real property described as Lot 8 of Tract 5277 , in the City of Palm Desert, County of Riverside , State of California, as per map recorded on December 20, 1977 in Book 95 of Maps, at Pages 18 and 19, in the Office of the County Recorder of said County, and shown on Exhibit B attached hereto and incorporated herein by reference. Said parking spaces are adjacent to Club Circle Drive, described as Lot A of said Tract. Grantor, its successors and assigns shall have the right to replace said open parking spaces with covered spaces, including, without limitation, garages or carports, so long as the total number of parking spaces is not reduced thereby. The easement granted hereby is for the benefit of, and is appurtenant to, the real property. described as Lots 2 and 4 of Tract No. 5277, in the City of Palm Desert, County of River- side, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps, at Pages 18 and 19, in the Office of the County Recorder of said County. EXHIBIT A /N THE Ci TY OF PALM Gt-�-3E2T CA(!FO•PN/a Jh'EE L A< <3//EEJJ '9 /Y�A�/V0. 5277 T�i9C . .».:�' :.•:N i:•n,.r ;Y w.wl .�:� y jA(CA JueLrriJiA.v L✓q Aa.Lr/o.� <✓T.Y{.fE�<✓�f6ClA'lN "• w lu,p u:» GO, TSSr .�•6E .r O.d�M � - �� m r»•.. 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Lo, JTO O'N/ONUMGNTJ pY' y/Y y ' -)� •1Gr rncaco 4J.4/d6 N «�I u � Y • ` ,' • C.2`• • /y.wr{J < Ap,,Tw LKG rwf<J.INi J!r I1``• n j o1 n � 1 Y�• /Q�v ,!./'2� ,i G•XL'LGArI'OOA JTAKEJ Jer.or qL< LOr N � O !� ••t� /Jn_ � •t i• CL4NE<J,Tgo6tO L.•t 0/<G, On•c>J h YO 1.0 J.ff S G• �p • �QI' +^l , •1�'� OTNECI✓i aC NOTSO� ' •�S •yr•.• �•� �:,4, � .. . 0 :alp TNGCGAL< 1.4L FCIEJ,6.COSf,/✓/JM/N 7NG Q..+C. 1 •`r A y �OQp,c A/TN:J 7Z E ' �Ef•• / s �C!` ��` 0 4ln dWJ/1 OF BEF e/NG3 �o 14 •o L�� F % .1 ♦ o / SCSJO aFALrNGJ LYF/✓FO fJ Mi/ SfIJn! ! ! A'11 �� • p.15 .1 p. q .. ti .+': va•'. n'wc T"'E s'ac�Ns c�.v rocncw a/nvi � • y�t .A+.✓ „ 4, t ` t L nzr nrw{JrEL<r JeuE alexe oi'rL,.er �� On9fd w y S • , ;, t \yW� no. OJOS M�O.4�0•!</✓CA L'ECA'•LY o ' � 1 jF tb \ ' 1 •/ �•/ /'f�i' w/f n'..•4 J /N,JI'• C7,/r'.� ` •(h' • i� �\�I COS '�' J• f ?"t9r ?. Tj a �N9 . � \ \ •,,I� ,1�" /mot, / '-riv .fir/ 21� � (" • 1 ' S-Z ♦'\+\U' �/ 1<,'�' ! r l� y. .. "�nll•'T m•uww '\l �X�n'a\ .••` .C..,,icrrrt4// .•, VTO /n�fc %J i�il l rPl u. \ "\'YN•N-. \r.N I FJ6�•� / 0�L•. G 4S GIU�A• l \� 21avl • �, ( 4, `C r 9 •n'wl w 11 . �\ it Ir''1. :°:�::Irl ."o.:: o:::�•:+ ~.:. —1' � , f � t ey i\ .. ..... •� ::: :::a ` . It ya• '♦ 41 k Od 9("7'VY'r. rll� I1I A a"a'l`r" •\ - \ 1.1 �'.� ~IRN.RI N•N'�r• Np � rf\.•\ ' STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On 1980, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ROBERT J. LOWE, known to me to be the President of LOWE DEVELOPMENT 'CORPORATION, the corporation that executed the within Partnership Grant Deed, and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the General Partner of PALM DESERT VENTURE, LTD. , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State (SEAL) I � r l PARCEL A: A condominium comprised of : PARCEL 1: An undivided 1/40th interest in and to Lot 1 of Tract No. 4545 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book 81 of Maps , at Pages 8 and 9 , in the office of the County Recorder of said County. EXCEPTING THEREFROM Units 1 through 40 as shown upon the condominium plan recorded on March 28 , 1975 , as Document Number 35471 of Official Records of said County. PARCEL 2 : Unit as shown upon the con- dominium plan referred in PARCEL 1 above. Excepting therefrom and reserving to Grantor, its successors and assigns, a perpetual , non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545, in the City of Palm Desert, County of Riverside, State of California; as per map recorded on March 28 , 1975 , in Book 81 'of Maps , at Pages 8 and 9, in the Office of the County Recorder of said County, which easement shall consist of rights-of- way for ingress, egress and parking purposes across the parking area indicated by line "a" on Exhibit A attached hereto and incorporated herein by reference; said easement shall include the right to designate for exclusive use by Grantor, its guests , invitees, agents , servants and licensees , three (3) parking spaces in the southwesterly portion of said parking area indicated by line "b" on Exhibit A hereto. The easement hereby reserved is for the benefit of and is appurtenant to all or any part of the real property of Grantor adjacent to the real property hereby conveyed and more particularly described in ATTACHMENT A (page 1 of 6 pages) (TRACT 4! C Exhibit B attached hereto and incorporated herein by reference; Further excepting therefrom and reserving to Grantor, its successors and assigns , a perpetual , non-exclusive easement in, upon and across the real property described as follows : All that portion of Lot 1 of Tract .No. 4545 as recorded in Map Book 81, Pages 8 & 9 also being a portion of the Southeast 1/4 of Section 20, Township 5 South, Range 6 East, San Bernardino Base and Meridian; COMMENCING at the most northeasterly corner of said Lot 1 , said corner also being on the westerly right-of-way line of Mountain View Avenue as per Shadow Mountain Park Estates Unit No. 1 as recorded in Map Book 28 , Pages 18 & 19 , Riverside County Records; THENCE South 00°09145" East a distance of 36 . 00 feet along the most easterly line of - ��W said Lot 1 and the westerly line of Mountain L� C View Avenue; THENCE South 89050115" West along the southerly line of said Lot 1 a distance of 131 . 04 feet to the beginning of a tangent curve concave northerly and having a radius of 120 . 00 feet; THENCE northwesterly along said curve through a central angle of 38107 ' 57" and a length of 79 . 86 feet; THENCE continuing along said southerly line of Lot 1 , North 52001 ' 48" West a distance of 4 . 49 feet; THENCE North 11041 ' 53" West a distance of 181 . 69 feet to the northerly line of said Lot 1; THENCE South 61035 ' 59" East a distance of 23 .51 feet along said northerly line; THENCE South 11041 ' 53" East a distance of 141 . 36 feet along the easterly line of said Lot 1; THENCE continuing along said line, South 52'01 ' 48 " East a distance of 10 . 64 feet to the beginning of a tangent curve concave northeasterly and having a radius of 40. 00 feet; ATTACHMENT A (page 2 of 6 pages) � c THENCE along said curve through a central angle of 38107 ' 57" and a length of 26 . 62 feet; THENCE North 89050 ' 15" East a distance of 155 . 95 feet along the northerly line of said Lot 1 to the POINT OF BEGINNING. for ingress , egress and road purposes to and from all or any part of the real property described in Exhibit B hereto. The easement hereby reserved is for the benefit of and is appurtenant to all or any part of the real property described in Exhibit B hereto; Further excepting therefrom and reserving to Grantor, its successors and assigns , a perpetual, non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545, in the City of Palm Desert, County of Riverside, State of California, as per map recorded on March 28 , 1975 , in Book 81 of Maps , at Pages 8 and 9 , in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress and egress and access from and across said Lot 1 of said Tract No. 4545 to all or any part of the real property I described in Exhibit B hereto. Notwithstanding i anything to the contrary contained herein, said ease- ment shall be restricted exclusively to pedestrian use by Grantor, its guests, invitees , agents, servants and licensees and does not include the right to pass i in, upon, across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said Lot 1 of said Tract 4545 or any landscaped portion of said real property not intended for pedestrian movement. The ATTACHMENT A (page 3 of 6 pages) easement hereby reserved is for the benefit of and is appurtenant to all or any part of the real property described in Exhibit B hereto. PARCEL B: A perpetual , non-exclusive easement for ingress, egress and road purposes in, upon, and across the real property described as follows: All that portion of the Southeast 1/4 of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian; COMMENCING at the Southeast corner of Lot 46 of Shadow Mountain Park Estates , Unit No. 1, as recorded in Map Book 28 , Pages 18 & 15 , Riverside County records; THENCE South 00012 ' 32" East a distance of 12 . 00 feet along the West line of Mountain View Avenue to the most northeasterly corner of Lot 1 , of Tract No. 4545 as recorded in Map Book 81, Pages 8 & 9 , Riverside County Records; The following five (5) courses and distance are along the northeasterly line of said Lot 1 of Tract 4545; THENCE South 89050 ' 15" West a distance of 155 . 95 feet to the beginning of a tangent curve concave northeasterly and having a radius of 40. 00 feet; THENCE northwesterly along said curve through j a central angle of 3.8°07 ' 57" and a .length of 26 . 62 feet to the TRUE POINT OF BEGINNING; THENCE North 52°,01' 48" West a distance of 10 . 64 feet; THENCE North 11041 ' 53" West a distance of 141. 36 feet; THENCE North 78.018107" East a distance of 6 . 86 feet; THENCE South 11041 ' 53" East a distance of 149 . 49 feet more or less to the POINT OF BEGINNING. The easement hereby granted is for the benefitof and is appurtenant to the real property conveyed herein and ATTACHMENT A (page 4 of 6 pages) more particularly described in paragraph 1 hereof. PARCEL C: PARCEL 1 : A non-exclusive easement in and upon the real property described as follows : I All that portion of the Southeast 1/4 of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian; COMMENCING at the most northeasterly corner of Lot 1, of Tract No. 4545 as recorded in Map Book 81 , Pages 8 and 9 , Records of Riverside County, said corner also being on the westerly right-of-way line of Mountain View Avenue as per Shadow Mountain Park Estates Unit No. 1 as recorded in Map Book 28 , Pages. 18 and 19 , Riverside County Records ; THENCE South 00009 ' 45" East a distance of 36 . 00 feet along the most easterly line of said Lot 1 and the westerly line of Mountain View Avenue; THENCE South 89050 ' 15" West along the southerly line of said Lot 1 a distance of 131. 04 feet to the beginning of a tangent curve concave northerly and having a radius of 120. 00 feet; THENCE northwesterly along said curve through a central angle of 38'07 ' 57" and a length of 79 . 86 feet; THENCE continuing along said southerly line of Lot 1, North 52'01 ' 48" West a distance of 113. 74 feet; THENCE North 85013 ' 02" West a distance of 32 . 69 feet; THENCE continuing along said southerly line of said Lot 1, North 61047 ' 23" West a distance of 104. 70 feet to the POINT OF BEGINNING; THENCE South 16045158" West a distance of 15 . 00 feet; THENCE North 73014 ' 02" West a distance of 7 .50 feet; THENCE North 16045 ' 58" East a distance of 15 . 82 feet; THENCE South 61047 ' 23" East a distance of 7 . 65 feet to the POINT OF BEGINNING. ATTACHMENT A (page 5 of 6 pages) for the purpose of maintaining, operating and repairing an air conditioning cooling tower situated thereon which air conditioning cooling tower services an improvement located as of the date hereof on the real property described as Lot 1 of Tract No. 4545 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on March 28 , 1975, in Book 81 of Maps , at Pages 8 and 9 , in the Office of the County Recorder of said County. The easement hereby granted is for the benefit of and is appurtenant to the real property conveyed herein and more particularly described in paragraph 1 hereof and shall expire by its own terms upon the destruction, demolition or other removal of the improvement located on said Lot 1 of said Tract 4545 as of the date hereof. PARCEL 2 : An easement for access to the air conditioning cooling tower located on the real property described in Parcel 1 of this paragraph 3 above from the real property described as Lot 1 of Tract No. 4545 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on March 28 , 1975, in Book 81 of Maps, at Pages 8 and 9 , in the Office of the County Recorder of said County, in, upon and across .the real property described in Exhibit B hereto for the purpose of maintaining, repairing and replacing said air conditioning cooling tower. The easement hereby granted is for the benefit of and is appurtenant to the real property conveyed herein and more particularly described in paragraph 1 hereof and shall expire by its own terms upon the destruction, demolition or other removal of the improvement located on said Lot 1 of said Tract 4545 as of the date hereof. ATTACHMENT A (page 6 of 6 pages) r _ � a L Y V O 7J i i r 1,3 T. D �d 65 a � o eo n. o T Jll� ; ti ^ Y ~ p 4 Q 1 I ' � Y \ ! Y � I on EXHIBIT A to ATTACHMENT A � (Page 1 of 1 page) In the unincorporated area of the County of Riverside, State of California, described as follows : PARCEL 1: All that portion of the Southeast quarter of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian, des- cribed as follows : COMMENCING at the Southeast corner of said Section 20; THENCE North 000 12 ' 32" West, along the East line of said Sec- tion 20, a distance of 102. 50 feet; THENCE South 890 47 ' 28" West, a distance of 30 . 00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN . PARK ESTATES , UNIT NO. 1, as shown by Map on file in Book 28 pages 18 and 19 of Maps, Records of Riverside County, California; THENCE along the South line of said Lot "C" , a distance of 245. 00 feet to the Southwest corner of said Lot; THENCE North 000 12 ' 32" West, along the West line of said Lot "C" , a distance of 60 . 00 feet to the Southeast corner of Lot 46 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; The following five courses and distances are along the Southerly and Southwesterly line of Lots 46 through 39 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE South 890 47 ' 28" West, a distance of 175 . 99 feet; THENCE North 110 44 ' 30" West, a distance of 537 . 54 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240 . 46 feet; THENCE in a Northwesterly direction, along said curve through a central angle of 511 42 ' 14" , and a length of 216 .99 feet; THENCE non-tangent North 66' 45 ' 12" West, a distance of 58 . 08 feet to the TRUE POINT OF BEGINNING; THENCE continuing North 661 45 ' 12" West, a distance of 16.92 feet; THENCE North 78' 57 ' 07" West, along the Southerly line of said SHADOW MOUNTAIN PARK ESTATES UNIT NO. 1, a distance of 229 . 39 feet; THENCE continuing along said Southerly line of said SHADOW MOUN- TAIN PARK ESTATES, UNIT NO. 1, South 89° 41 ' 48" West, a distance of 402 . 84 feet to the Southwest corner of said Lot 34 , and the most Easterly corner of Lot "F" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE along the Southeasterly line of said Lot "F" , South 46' 03 ' 24" West, a distance of 50 . 00 feet to the most Southerly corner of said Lot "F" ; THENCE along the Southwesterly line of said Lot "F" and Lot "A" of said SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1 , North 45° 12 ' 02" West, a distance of 235 . 64 feet to the beginning of a tangent curve concave Southerly and having a radius of 20 .00 feet; THENCE along said curve in a Westerly direction through a central angle of 1301 26 ' 32" , and a length of 45 . 53 feet to a point on the East line of Lot "S" (San Luis Rey) of PALM DESERT, as shown by Map on file in Book 21 page 53 of Maps , Records of Riverside County, California, said point being on a curve concave Easterly and having a radius of 1, 170 . 00 feet, a radial bearing passes through said point bears North 85' 38 ' 34" West; EXHIBIT B to ATTACHMENT A (Page 1 of 9 pages) THENCE Southerly, along said curve and the Easterly line of Lot "S" (San Luis ReyT through a central angle of 041 36 ' 51" , and a length of 94 . 22 feet; THENCE continuing along said Easterly line of said Lot "S" (San Luis Rey) and Lot "F" of PALM .DESERT UNIT NO. 3, as shown by Map on file in Book 21 page 18 of Maps, Records of Riverside County, California, South 00' 15 ' 25" East, a distance of 279 . 84 feet, and the beginning of a tangent curve concave Westerly and having a radius of 1, 230 . 00 feet; THENCE Southerly, along said curve and the East line of San Luis Rey through a central angle of 01° 50 ' 28" , and a length of 39 . 52 feet; THENCE North 32' 15 ' 49" East, a distance of 29 .08 feet to a point and the beginning of a non-tangent curve concave Southerly, and having a radius of 621. 86 feet, a radial bearing passes through said point bears North 000 15 ' 25" West; THENCE along said curve in an Easterly direction through a cen- tral angle of 030 09 ' 02" , and a length of 34 . 19 feet to the beginning of a tangent reverse curve concave Northerly and having a radius of 651 . 86 feet; THENCE along said curve in an Easterly direction through a cen- tral angle of 030 09 ' 02" , and a length of 35. 84 feet to the beginning of a tangent reverse curve concave Southerly and having . a radius of 367. 54 feet; THENCE Easterly, along said curve through a central angle of 22° 33 ' 04" , and a length of 144 . 66 feet to the beginning of a com- pound tangent curve concave Southwesterly, and having a radius of 225. 00 feet; THENCE along said curve in a Southeasterly direction alonq said curve through a central angle of 110 29 ' 59" , and a length of 45. 16 feet; THENCE North 330 47 ' 38" East; a distance of 30 . 00 feet to a point and the beginning non-tangent curve concave Northeasterly and having a radius of 20. 00 feet, a radial bearing passes through said point bears North 330 47 ' 38" East; THENCE along said curve through a central angle of 1010 22 ' 5711 , and a length of 35. 39 feet; THENCE tangent North 45' 10 ' 35" East, a distance of 17 . 79 .feet; THENCE North 800 15 ' 18" East, a distance of 318 . 21 feet; THENCE North 360 48 ' 32" West, a distance of 47 . 62 feet; THENCE North 530 11 ' 28" East, a distance of 190 . 00 feet; THENCE South 360 48 ' 32" East, a distance of 41 . 73 feet; THENCE South 780 57 ' 07" East, a distance of 108 . 00 feet; THENCE North 110 02 ' 53" East, a distance of 24 . 24 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 2 . 50 feet; THENCE Northerly and Easterly, along said curve through a central angle of 1020 11 ' 55" , and a length of 4 . 46 feet; THEI4CE South 660 45 ' 12" East, tangent to the preceding course, a distance of 2 . 68 feet; THENCE North 230 14 ' 48" East, a distance of 30 . 00 feet to a point in the Southerly line of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, and the Point of Beginning. Said Parcel contains 4 . 23 acres . EXHIBIT B to ATTACHMENT A (Page 2 of 9 pages) PARCEL 2 : All that portion of the Southeast quarter of Section 20, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: COMMENCING at the Southeast corner of said Section 20 ; THE14CE North 000 12 ' 32" West, along the East line of said Sec- tion 20, a distance of 102 . 50 feet; THENCE South 890 47 ' 28" West, a distance of 30. 00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, as shown by Map in Book 28 pages 18 and 19 of Maps , Records of Riverside County, California; THENCE along the South line of said Lot "C" , a distance of 245 .00 feet to the Southwest corner of said Lot "C" and the TRUE POINT OF BEGINNING, and also being on the North line of TRACT NO. 2732 as shown by Map in Book 50 pages 8 and 9 of Maps, Records of Riverside County, California; THENCE South 890 47 ' 28" West, along said North line of TRACT NO. 2732, a distance of 203 . 11 feet; THENCE South 530 25 ' 39" West, along the Northwesterly line of said TRACT NO. 2732 , a distance of 174 . 43 feet to the most Wes- terly line of said TRACT NO. 2732 ; THENCE along the Southerly boundary line of the land conveyed to Palm Desert Venture, Ltd. , a limited partnership, by Deed recorded July 31, 1973 as Instrument No. 100063 of Official Re- cords of Riverside County, California, the following courses and distances: North 59° 01 ' 01" West, a distance of 212 . 43 feet; North 30' 21 ' 41" West, a distance of 46 . 56 feet; North 560 15 ' 43" East, a distance of .1 . 72 feet; South 89' 50 ' 51" West, a distance of 80 . 07 feet; THENCE leaving the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. ; North 060 46 ' 06" East, a distance of 92 . 07 feet; THENCE North 760 58 ' 20" East, a distance of 61. 64 feet; THENCE North 460 58 ' 20" East, a distance of 35 . 38 feet; THENCE North 300 45 ' 57" West, a distance of 50 . 58 feet, to an angle point in the Southerly boundary line of the land conveyed to Palm Desert Venture, Ltd. , a limited partnership, by Deed re- corded November 2 , 1973 as Instrument No. 143889 of Official Records of Riverside County, California; THENCE along the Southerly boundary line of last mentioned land conveyed to Palm Desert Venture, Ltd. , the following courses and distances: South 63' 18 ' 39" East, a distance of 63 . 05 feet; South 710 51 ' 33" East, a distance of 61 . 54 feet; South 61' 47 ' 23" East, a distance of 129 . 70 feet; South 85' 13 ' 02" East, a distance of 32 . 69 feet; South 52' 01 ' 48" East, a distance of 113 . 74 feet to the beginning of a tangent curve concave Northerly and having a radius of 120. 00 feet; EXHIBIT B to ATTACHMENT A (Page 3 of 9 pages) THENCE Easterly, along said curve through a central angle of 38' 07 ' 57" , and a length of 79 . 86 feet; THENCE North 890 50 ' 15" East, a distance of 131. 04 feet to a point on the West line of Lot "C" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE South 000 12 ' 32" East, along said West line of Lot "C" , a distance of 12 . 00 feet to the Point of Beginning. PARCEL 3 : All that portion of the Southeast quarter of Section 20, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: COMMENCING at the Southeast corner of said Section 20; THENCE North 00' 12 ' 32" West, along the East line of said Sec- tion 20, a distance of 102. 50 feet; THENCE South 89' 47 ' 28" West, a distance of 30. 00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, as- shown by Map on file in Book 28 pages 18 and 19 of Maps, Records of Riverside County, California; THENCE along the South line of said Lot "C" , a distance of 245 . 00 feet to the Southwest corner of said Lot "C" ; THENCE North 000 12 ' 32" West, along the West line of said Lot "C" , a distance of 48 . 00 feet and the TRUE POINT OF BEGINNING; THENCE North 000 12 ' 32" West, along the West line of said Lot "C" , a distance of 12 . 00 feet to the Southeast corner of Lot 46 of said SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1; The following four courses and distances are along the Southerly and Southwesterly line of Lots 46 through 39 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE South 89° 47 ' 28" West, a distance of 175. 99 feet; THENCE North 110 44 ' 30" West, a distance of 537 . 54 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240 . 46 feet; THENCE in a Northwesterly direction, along said curve through a central angle of 510 42 ' 14" , and a length of 216 . 99 feet; THENCE non-tangent North 661 45 ' 12" West, a distance of 58 . 08 feet; THENCE South 23' 14 ' 48" West, and leaving the South line of said Lot 39 of SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1, a dis- tance of 30 . 00 feet; THENCE North 660 45 ' 12" West, a distance of 2 . 68 feet to the beginning of a tangent curve concave Southeasterly having a radius of 2. 50 feet; THENCE Northwesterly and Southwesterly, along said curve through a central angle of 102° 11 ' 55" , a distance of 4 . 46 feet; THENCE South 11' 02 ' 53" West, tangent to the preceding course, a distance of 24 . 24 feet; THENCE North 78° 57 ' 07" West, a distance of 108 . 00 feet; THENCE North 36' 48 ' 32" West, a distance of 41. 75 feet; THENCE South 53" 11 ' 28" West, a distance of 190 .00 feet; THENCE South 36" 48 ' 32" East, a distance of 47 . 62 feet; THENCE South, a distance of 130 . 00 feet; THENCE South 240 09 ' 27" East, a distance of 87 . 10 feet; THENCE South 01' 03 ' 58" West, a distance of 215 . 00 feet; THENCE South 410 16 ' 23" West, a distance of 47 . 16 feet to an angle point in the Southerly boundary line of the land conveyed EXHIBIT B to ATTACHMENT A (Page 4 of 9 pages) C to Palm Desert Venture, Ltd. , a limited partnership, by Deed recorded July 31, 1973 as Instrument No. 100063 of Official Records of Riverside County, California; THENCE along the Southerly boundary lines of said land conveyed to Palm Desert Venture, Ltd. , the following courses and distances: South 36' 47 ' 25" East, a distance of 37 . 39 feet; South 080 22 ' 46" West, a distance of 90 . 61 feet; North 89' 50 ' 51" East, a distance of 128 . 36 feet; THENCE leaving the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. ; North 06' 46 ' 06" East, a distance of 92 . 07 feet; THENCE North 760 58' 20" East, a distance of 61. 64 feet; THENCE North 46' 58 ' 20" East, a distance of 35. 38 feet; THENCE North 30' 45 ' 57" West, a distance of 50 . 58 feet, to an angle point in the Southerly boundary line of the land conveyed to Palm Desert Venture, Ltd. , a limited partnership, by Deed recorded November 2, 1973 as -Instrument No. 143889 of Official Records of Riverside County, California; THENCE along the Southerly, Westerly and Northerly boundary lines of the last mentioned land conveyed to Palm Desert Venture, Ltd. , the following courses and distances: South 56' 28 ' 08" West, a distance of 48 . 11 feet; North 29° 47 ' 20" West, a distance of 63 . 53 feet; North 540 45 ' 23" East, a distance of 121 . 09 feet; North 01' 36.' 69" West, a distance of 72 . 77 feet; North 600 15 ' 20" East, a distance of 53. 80 feet; North 86' 27 ' 03" East, a distance of 21. 96 feet; South 01' 34 ' 08" East, a distance of 85. 65 feet; South 61' 35 ' 59" East, a distance of 275. 71 feet; South 111 41' 53" East, a distance of 141 . 36 feet; THENCE South 520 01 ' 48" East, a distance of 10 . 64 feet to the beginning of a tangent curve concave Northerly and having a radius of 40. 00 feet; THENCE Easterly, along said curve through a central angle of 38' 07 ' 57" , and a. length of 26. 62 feet; THENCE North 890 50 ' 15" East, a distance of 155 . 95 feet to the Westerly line of Lot "C" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, and the Point of Beginning . PARCEL 4 : All that portion of the Southeast quarter of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: COMMENCING at the Southeast corner of said Section 20 ; THENCE North 00' 12 ' 32" West, along the East line of said Sec- tion 20, a distance of 102 . 50 feet; THENCE South 890 47 ' 28" West a distance of 30 . 00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1, as shown by Map on file in Book 28 pages 18 and 19 of Maps, Records of Riverside County, California; EXHIBIT B to ATTACHMENT A (Page 5 of 9 pages) L JI THENCE along the South line of said Lot "C" , a distance of 245 . 00 feet to the Southwest corner of said Lot "C" ; THENCE North 000 I2 ' 32" West, along the West line of said Lot "C" , a distance of 60 . 00 feet to the Southeast corner of Lot 46 --_ of said SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1; The following four courses and distances are along the Southerly and Southwesterly line of Lots 46 through 39 of said SHADOW MOUN- TAIN PARK ESTATES, UNIT NO. 1: THENCE South 890 47 ' 28" West, a distance of 175 .99 feet; THENCE North 111 44 ' 30" West, a distance of 537 .54 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240 . 46 feet; THENCE in a Northwesterly direction, along said curve through a central angle of 51' 42 ' 14" , and a length of 216 . 99 feet; THENCE non-tangent North 66° 45 ' 12" West, a distance of 75 .00 feet; THENCE North 780 57 ' 07" West, along the Southerly line of said SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1, a distance of 229 . 39 feet; THENCE continuing along said SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1, South 89' 41 ' 48" West, a distance of 402 . 84 feet to the Southwest corner of said Lot 34 , and the most Easterly corner of Lot "F" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE along the Southeasterly line of said Lot "F" , South 46' 03 ' 24" West, a distance of 50. 00 feet to the most Southerly corner of said Lot "F" ; THENCE along the Southwesterly line of said Lot "F" and Lot "A" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1 , North 450 12 ' 02" West, a distance of 235 . 64 feet to the beginning of a tangent curve concave Southerly and having a radius of 20 . 00 feet; THENCE along said curve in a Westerly direction through a central angle of 130' 26 ' 32" , and a length of 45. 53 feet to a point on the East line of Lot "S" (San Luis Rey) of PALM DESERT, as shown by Map on file in Book 21 page 53 of Maps, Records of Riverside County, California, said point being on a curve concave Easterly and having a radius of 1 ,170. 00 feet, a radial bearing passes through said point bears North 850 38 ' 34" West; THENCE Southerly, along said curve and the Easterly line of said Lot "S" (San Luis Rey) through a central angle of 04' 36 ' 51" , and a length of 94 . 22 feet; THENCE continuing along said Easterly line of said Lot "S" (San Luis Rey) and Lot "F" of PALM DESERT UNIT NO. 3, as shown by Map on file in Book 21 page 18 of Maps, Records of Riverside County, California, South 000 15 ' 25" East, a distance of 279 . 93 feet, and the beginning of a tangent curve concave Westerly and having a radius of 1, 230 . 00 feet; THENCE Southerly, along said curve and the East line of San Luis Rey through a central angle of 01* 50 ' 28" , and a length of 39 . 52 feet and the TRUE POINT OF BEGINNING; THENCE North 32' 15 ' 49" East, a distance of 29 . 08 feet to a point and the beginning of a non-tangent curve concave Southerly and having a radius of 621. 86 feet, a radial bearing passes through said point bears North 00' 15 ' 25" West; THENCE along said curve in an Easterly direction through a central angle of 031 09 ' 02" , and a length .of 34 . 19 feet to the beginning of a tangent reverse curve concave Northerly and having a radius of 651. 86 feet; EXHIBIT B to ATTACHMENT A (Page 6 of 9 pages) THENCE along said curve in an Easterly direction through a cen- tral angle of 03° 09 ' 02" , and a length of 35 . 84 feet to the beginning of a tangent reverse curve concave Southerly having a radius of 367. 54 feet; THENCE Easterly, along said curve through a central angle of 221 33 ' 04" , and a length of 144 . 66 feet to the beginning of a compound tangent curve concave Southwesterly and having a radius of 225 . 00 feet; THENCE along said curve in a Southeasterly direction, along said curve through a central angle of 111 29 ' 59" , and a length of 45 . 16 feet; THENCE North 330 47 ' 38" East, a distance of 30 .00 feet to a point and the beginning non-tangent curve concave Southwesterly and having a radius of 248 . 62 feet, a radial bearing passes through said point bears North 33' 47 ' 38" East; THENCE in a Southeasterly .direction through a central angle of 58' 00 ' 54" , and a length of 251. 74 feet; THENCE South 010 48 ' 32" West, a distance of 103 . 89 feet; THENCE South 370 32 ' 33" East, a distance of 59 . 42 feet to the Southerly boundary lines of the land conveyed to Palm Desert Venture, Ltd. , a limited partnership, by Deed recorded July 31, 1973 as Instrument No. 100063 of Official Records of Riverside County, California; THENCE along the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. , the following courses and distances: South 260 31 ' 35" West, a distance of 33 . 34 feet; South 48' 29 ' 20" West, a distance of 32 . 66 feet; South 87' 59 ' 37" West, a distance of 65 .11 feet; South 68' 32 ' 43" West, a distance of 184 . 44 feet; North 00* 17 ' 39" West, a distance of 60 . 00 feet; South 89° 42 ' 21" West, a distance of 120 . 00 feet to the Easterly line of SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1; THENCE North 000 17 ' 31" West, along the said Easterly line of Lot 58 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1 , a dis- tance of 65. 00 feet to the Southeast corner of Lot 57; THENCE North 280 18 ' 04" East, along the Easterly line of Lots 57 and 56, a distance of 119 .99 feet to the Northeast corner of said Lot 56; THENCE North 690 52 ' 59" West, along the North line of said Lot 56, a distance of 120 . 00 feet to a point on the East line of Lot "S" (San Luis Rey) of PALM DESERT UNIT NO. 3, as shown by Map on file in Book 21 page 18 of Maps, Records of Riverside County, California, and the beginning of a non-tangent curve concave Westerly and having a radius of 160 . 00 feet, a radial bearing passes through said curve bears South 70° 04 ' 45" East; THENCE along said curve in a Northerly direction through a central angle of 09' 24 ' 18" , and a length of 26. 26 feet to the beginning of a tangent compound curve concave Westerly and having a radius of 1, 230 . 00 feet; THENCE along said curve in a Northerly direction through a cen- tral angle of 08' 55 ' 54" , and a length of 191 . 74 feet, and the Point of Beginning. PARCEL 5 : All that portion of the Southeast quarter of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: EXHIBIT B to ATTACHMENT A (Page 7 of 9 pages) C c COMMENCING at the Southeast corner of said Section 20 ; THENCE North 00' 12 ' 32" West, along the East line of said Sec- tion 20 , a distance of 102 . 50 feet; THENCE South 890 47 ' 28" West, a distance of 30. 00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, as shown by Map on file in Book 28 pages 18 and 19 of Maps, Records of Riverside County, California; THENCE along the South line of said Lot "C" , a distance of 245 .00 feet to the Southwest corner of said Lot "C" ; THENCE North 000 12 ' 32" West, along the West line of said Lot "C" , a distance of 60 . 00 feet to the Southeast corner of Lot 46 of said SHADOW MOUNTAIN PARK ESTATES , UNIT NO. 1; The following four courses and distances are along the Southerly and Southwesterly line of Lots 46 through 39 of said SHADOW MOUN- TAIN PARK ESTATES , UNIT NO. 1: THE14CE South 891 47' 28" West, a distance of 175. 99 feet; THENCE North 110 44 ' 30" West, a distance of. 537. 54 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240 . 46 feet; THENCE in a Northwesterly direction, along said curve through a central angle of 51' 42 ' 14" , and a length of 216 . 99 feet; THENCE non-tangent North 660 45 ' 12" West, a distance of 58 . 08 feet; THENCE South 23° 14 ' 48" West, a distance of 30 . 00 feet; THENCE North 660 45 ' 12" West, a distance of 2 . 63 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 2 . 50 feet; THENCE along said curve through a central angle of 1020 11 ' 55" , and a length of 4 . 46 feet; THENCE South 11' 02 ' 53" West, a distance of 24 . 24 feet; THENCE North 780 57 ' 07" West, a distance of 108. 00 feet; THENCE North 360 48 ' 32" West, a distance of 41. 73 feet; THENCE South 53' 11 ' 28" West, a distance of 190 . 00 feet; THENCE South 360 48 ' 32" East, a distance of 47 . 62 feet to the TRUE POINT OF BEGINNING; THENCE South, a distance of 130 .00 feet; THENCE South 240 09 ' 27" East, a distance of 87 . 10 feet; THENCE South 01° 03 ' 58" West, a distance of 215 . 00 feet; THENCE South 41' 16 ' 23" West, a distance of 47 . 16 feet to the Southerly boundary line of the land conveyed to Palm Desert Ven- ture, Ltd. , a limited partnership, by Deed recorded July 31, 1973 as Instrument No. 100063 of Official Records of Riverside County, California; THENCE North 540 18 ' 25" West, along the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. , a distance of 35 . 40 feet; THENCE South 81° 14 ' 35" West, and continuing along the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. , a distance of 153. 70 feet; THENCE North 370 32 ' 33" West, a distance of 59 . 42 feet; THENCE North 010 48 ' 32" East, a distance of 103 .89 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 248. 62 feet; EXHIBIT B to ATTACHMENT A (Page 8 of 9 pages) C C THENCE Northwesterly, along said curve through a central angle of 58' 00 ' 54" , and a length of 251. 74 feet to the beginning of a tangent reverse curve concave Northeasterly and having a radius of 20 . 00 feet; THENCE in a Northerly direction, along said curve through a cen- tral angle of 1010 22 ' 57" , and a length of 35. 39 feet; THENCE North 45° 10 ' 35" East, a distance of 17 . 79 feet; THENCE North 800 15 ' 18" East, a distance of 318 . 21 feet to the Point of Beginning . EXHIBIT B to ATTACHMENT A (Page 9 of 9 pages) Z 7 - "/-Co 7/-- PARCEL A: A condominium comprised of : PARCEL 1 : An undivided 1/10th interest in and to Lot 1 of Tract No. 5277, in the City of Palm Desert, County of Riverside, State of California, as per map re- corded in Book 95 of Maps, at Pages 18 and 19, in the Office of the County Recorder of said County. EXCEPTING THEREFROM Units 1 through 10 as shown upon the condominium plan re- corded on June 19 , 1978 , as Docu- ment No. 124884 of Official Records of said County. PARCEL 2 : Unit as shown upon the condominium plan referred to in PARCEL 1 above. PARCEL 3 : A non-exclusive easement in and over Lots A, B, C and E of Tract No. 5277-1, as shown by amended Map on file in Book 90 of :daps at Pages 56 and 57 , in the Office of the County Recorder of Riverside County. Said easement is for ingress, egress and road purposes . Excepting therefrom and reserving to Grantor, its successors and assigns, a perpetual, non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 5277, in the City of Palm Desert, County of River- side, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps , at Pages 18 and 19, in the Office of the County Recorder of said County, which easement shall con- sist of rights-of-way for ingress and egress and access from and across said Lot 1 of said Tract No. 5277 to all or any part of the real property described in Exhibit A hereto. Not- withstanding anything to the contrary contained herein, said easement shall be restricted exclusively to pedestrian use by Grantor, its guests , invitees, agents , servants and licensees and does not include the right to pass in, upon, across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said Lot 1 of ATTACHMENT A (Tract 5277 , Lot 1) said Tract No. 5277 or any landscaped portion of said real pro- perty not intended for pedestrian movement. The easement hereby reserved is for the benefit of and is appurtenant to all or any part of the real property described in Exhibit A hereto; Further excepting therefrom and reserving to Grantor, Isuccessors and assigns , a perpetual, non-exclusive easement parking purposes across all of the open (uncovered) parking which shall from time to time be located on the real erty described as Lot 1 of Tract No. 5277, in the City of tpl / Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages -.. - - - 18 and 19, in the Office of the County Recorder of said County. Grantor, its successors and assigns shall have the right to replace said open parking spaces .with covered spaces , including, Iwithout limitation, garages or carports , so long as the total number of parking spaces is not reduced thereby. The easement hereby reserved is for the benefit of, and is appurtenant to, the real property described as Lot 2 of Tract No. 5277 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps, at Pages 18 and 19 , in the Office of the County Recorder of said County. PARCEL B: A perpetual , non-exclusive easement for ingress, egress and road purposes in, upon and across the real property described as follows: All that portion of Lot 1 of Tract No. 4545 as recorded in Map Book 81, Pages 8 and 9 also being a portion of the Southeast 1/4 of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian; -2- COMMENCING at the most northeasterly corner of said Lot 1, said corner also being on the westerly right-of way line of Mountain View Avenue as per Shadow Mountain Park Estates Unit No. 1 as recorded in Map Book 28, Pages 18 and 19 , Riverside County Records; THENCE South 00009 ' 45" East a distance of 36 . 00 feet along the most easterly line of said Lot 1 and the westerly line of Mountain View Avenue; THENCE South 89050 ' 15" West along the southerly line of said Lot 1 a distance of 131 . 04 feet to the beginning of a tangent curve concave northerly and having a radius of 120 . 00 feet; TIiENCE northwesterly along said curve through a central angle of 38107 ' 57" and a length of 79 . 86 feet; THENCE continuing along said southerly line of Lot 1, North 52001 ' 48" West a distance of 4 . 49 feet; THENCE North 11041 ' 53" West a distance of 181. 69 feet to the northerly line of said Lot 1; THENCE .South 61031 ' 59" East a distance of 23. 51 feet along said northerly line; THENCE South 11041 ' 53" East a distance of 141. 36 feet along the easterly line of said Lot 1; THENCE continuing along said line, South 52001 ' 48" East a distance of 10. 64 feet to the beginning of a tangent curve concave northeasterly and 'having a radius of 40 . 00 feet; THENCE along said curve through a central angle of 38107 ' 57" and a length of 26 . 62 feet; THENCE North 89050 ' 15 " East a distance of 155. 95 feet along the northerly line of said Lot 1 to the POINT OF BEGINNING. The easement hereby granted is for the benefit of, and is ap- purtenant to , the real property conveyed herein and more parti- cularly described as PARCEL A hereof. PARCEL C: A perpetual , non-exclusive easement for ingress, egress and road purposes in , upon and across the real property described as Lots A and B of Tract No. 5277 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 18 and 19 , in the Office of the County Recorder of said County. . -3- The easement hereby granted is for the benefit of, and is appurtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof. PARCEL D: A perpetual, non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545 in the City of Palm Desert, County of Riverside, State of California , as per map recorded on March 28 , 1975, in Book 81 of Maps at Pages 8 and 9, in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress , egress and parking purposes across the parking area indicated by "Line a" on Exhibit B attached hereto and incorporated herein by reference. The easement hereby granted is for the benefit of , and is appurtenant to, the real property conveyd herein and more particularly described as PARCEL A hereof. PARCEL E: A perpetual, non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545 in the City of. Palm Desert, County of Riverside, State of Cali- fornia, as per map recorded on March 28 , 1975 in Book 81 of Maps at Pages 8 and 9 , in the Office of the County Recorder of said County; and the real property described as Lots 1 and 2 of Tract No. 5277-1 in the City of Palm Desert, County of Riverside, State of California, as per amended map recorded on June 9, 1977 in Book 90 of Maps at Pages 56 and 57, in the Office of the County Recorder of said County; and the real pro- perty described as Lots 2 , 3 and 4 of Tract No. 5277 , in the City of Palm Desert, County of Riverside , State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps -4- at Pages 18 and 19 , in the Office of the County Recorder of said County; and the real property described as Lots 1 through 5 of Tract No. 5277-3 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 22 and 23, in the Office of the County Recorder of said County; and the real property described as Lots 1 and 2 of Tract No . 5277-2 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 20 and 21 , in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress and egress and access from and across said real property to all or any part of the real property conveyed hereby. Notwithstanding anything to the contrary contained herein, said easement shall be restricted exclusively to pedestrian use and does not include the right to pass in, upon, across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said real property or any landscaped portion of said real pro- perty not intended for pedestrian movement. The easement hereby granted is for the benefit of, and is appurtenant to the real property conveyed herein and more particularly des- cribed as PARCEL A hereof . -5- In the City of Palm Desert, County of Riverside, State of California, described as follows : Parcel 1 : Lot 1 of Tract No. 4545 , as per map recorded on March 28 , 1975 in Book 81 of Maps, at Pages 8 and 9 , in the Office of the County Recorder of said County. Parcel 2 : Lots 1 and 2 of Tract No. 5277-1 , as per amended map recorded on June 9, 1977 in Book 90 of Maps , at Pages 56 and 57 , in the Office of the County Recorder of said County. Parcel 3 : All of Tract No. 5277-2 , as per map recorded on December 20 , 1977 in Book 95 of Maps, at Pages 20 and 21, in the Office of the County Recorder of said County. Parcel 4 : All of Tract No. 5277-3 , as per map recorded on December 20 , 1977 in Book 95 of Maps, at Pages 22 and 23, in the Office of the County Recorder of said County. Parcel 5: Lots 2-9 of Tract No. 5277 , as per map re- corded on December 20 , 1977 in Book 95 of Maps, at Pages 18 and 19 , in the office of the County Recorder of said County. EXHIBIT A to ATTACHMENT A J - Ib I:1 Q � � J�IJj V1 L � A - _ U 1 ; n EXHIBIT B to ATTACHMENT A (Pace 1 of 1 oaae) PARCEL A: A condominium comprised of : PARCEL 1 : An undivided 1/12th interest in and to Lots 3 , A and B of Tract No. 5277, in the City of Palm Desert, County of Riverside , State of California, as per map recorded in Book 95 of Maps , at Pages 18 and 19, in the Office of the County Recorder of said County. EXCEPTING THEREFROM Units 1 through 12 as shown upon the condominium plan re- corded on June 19, 1978 , as Document No.'124885 of Official Records of said County. PARCEL 2 : Unit as shown upon the condominium plan referred to in PARCEL 1 above . Excepting therefrom and .reserving to Grantor, its successors and assigns, a perpetual, non-exclusive easement in, upon and across the real property described as Lots A and B of Tract 5277, in the City of Palm Desert, County of River- side, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps , at Pages 18 and 19 , in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress, egress and parking purposes . The easement hereby reserved is for the benefit of and is appurtenant to all or any part of the real property described in Exhibit A attached hereto and incorporated herein by reference; Further excepting therefrom and reserving to Grantor, fits successors and assigns , a perpetual, non-exclusive ease- ment in, upon and across the real property described as Lot 3 of Tract No . 5277 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps, at Pages 18 and 19 , ATTACHMENT A (Tract 5277 , Lot 3) in the Office of the County Recorder of said County, which ease- ment shall consist of rights-of-way for ingress and egress and access from and across said Lot 3 of said Tract No. 5277 to all or any part of the real property described in Exhibit A hereto. Notwithstanding anything to the contrary contained herein, said easement shall be restricted exclusively to pedestrian use by Grantor , its guests, invitees, agents, servants and licensees and does not include the right to pass in, upon, across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said Lot 3 of said Tract No. 5277 or any landscaped portion of said real property not intended for pedestrian movement. The easement hereby reserved is for the benefit of and is appurtenant to all or any part of the real property described in Exhibit A hereto; Further excepting therefrom and reserving to Grantor , its successors and assigns , a perpetual non-exclusive easement for parking purposes across all. of the. open (uncovered) park- ing spaces which shall from time to time be located on the real property described as Lot 3 of Tract No. 5277 , in the City of Palm Desert, County of Riverside , State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps , at Pages 18 and 19, in the Office of the County Recorder of ` said County. Grantor, its successors and assigns shall have the right to replace said open parking spaces with covered spaces, I without limitation, garages or carports, so long as the total number of parking spaces is not reduced thereby. The ease- __ ....._ _ ..... ..-.._ _�.. - ment hereby reserved is for the benefit of, and is appurtenant to, the real property described as Lot 4 of Tract No. 5277, in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps , at Pages 18 and 19 , in the Office of the County Recorder of said County; -2- PARCEL B: A perpetual, non-exclusive easement for ingress, egress and road purposes in, upon and across the real property described as follows: All that portion of Lot 1 of Tract No. 4545 as recorded in Map Book 31 , Pages 8 and 9 also being a portion of the Southeast 1/4 of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian; C014MENCING at the most northeasterly corner of said Lot 1 , said corner also being on the westerly right-of- way line of Mountain View Avenue as per Shadow Mountain Park Estates Unit No. 1 as recorded in Map Book 28 , Pages 18 and 19 , Riverside County Records; THENCE South 00009145" East a distance of 36 . 00 feet along the most easterly line of said Lot 1 and the westerly line of Mountain View Avenue; THENCE South 89°50 ' 15" West along the southerly line of said Lot 1 a distance of 131. 04 feet to the beginning of a tangent curve concave northerly and having a radius of 120 .00 feet; THENCE northwesterly along said curve through a central angle of 38007 ' 57" and a length of 79 .86 feet; THE14CE continuing along said southerly line of Lot 1, North 52001 ' 48" West a distance of 4.49 feet; THENCE North 11041 ' 53" West a distance of 181. 69 feet to the northerly line of said Lot 1 ; THENCE South 61031 ' 59" East a distance of 23 . 51 feet along said northerly line; THENCE South 11041153" East a distance of 141. 36 feet along the easterly line of said Lot 1; THENCE continuing along said line, South 52001148" East a distance of 10. 64 feet to the beginning of a tangent curve concave northeasterly and having a radius of 40 .00 feet; THENCE along said curve through a central angle of 38107 ' 57" and a length of 26. 62 feet; THENCE North' 89050115" East a distance of 155. 95 feet along the northerly line of said Lot 1 to the POINT OF BEGINNING. -3- The easement hereby granted is for the benefit of, and is ap- purtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof. PARCEL C: A perpetual, non-exclusive easement for ingress, egress and road purposes in, upon and across the real property described as Lots A, B, C and E of Tract No. 5277-1 , in the City of Palm Desert, County of Riverside, State of California, as per amended map recorded on June 9 , 1977 in Book 90 of Maps at Pages 56 and 57 , in the Offices of the County Recorder of said County. The easement hereby granted is for the benefit of, and is appurtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof . PARCEL D: A perpetual , non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545 in the City of Palm Desert, County of Riverside, State of California, as per map recorded on March 28 , 1975, in Book 81 of Maps at Pages 8 and 9 , in the Office of the County . Recorder of said County, which easement shall consist of rights-of-way for ingress, egress and parking purposes across the parking area indicated by "Line a" on Exhibit B attached hereto and incor- porated herein by reference. The easement hereby granted is for the benefit of, and is appurtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof. -4- PARCEL E: A perpetual, non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545 in the City of Palm. Desert, County of Riverside, State of Cali- fornia, as per map recorded on March 28 , 1975 in Book 81 of Maps at Pages 8 and 9 , in the Office of the County Recorder of said County; and the real property described as Lots 1 and 2 of Tract No. 5277-1 in the City of Palm Desert, County of Riverside , State of California, as per amended map recorded on June 9, 1977 in Book 90 of Maps at Pages 56 and 57 , in the Office of the County Recorder of said County; and the real pro- perty described as Lots 1, 2 and 4 of Tract No. 5277, in the City of Palm Desert, County of Riverside , State of California, as per map recorded on December 20, 1977 in Book 95 of Maps at Pages 18 and 19, in the Office of the County Recorder of said County; and the real property described as Lots 1 through 5 of Tract No. 5277-3 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 22 and 23, . in the Office of the County Recorder of said County; and the real property described as Lots 1 and 2 of Tract No. 5277-2 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps at Pages 20 and 21, in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress and egress and access from and across said real property to all or any part of the real property conveyed hereby. Notwithstanding anything to the contrary contained herein, said easement shall be restricted exclusively to pedestrian use and does not include the right to pass in, upon, -5- across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said real property or any landscaped portion of said real property not intended for pedestrian movement. The easement hereby granted is for the benefit of, and is appurtenant to the real property conveyed herein and more particularly described as PARCEL A hereof. -6- In the City of Palm Desert, County of Riverside, State of California, described as follows: Parcel 1 : Lot 1 of Tract No. 4545, as per map recorded on March 28 , 1975 in Book 81 of Maps , at Pages 8 and 9 , in the Office of the County Recorder of said County. Parcel 2 : Lots 1 and 2 of Tract No. 5277-1, as per amended map recorded on June 9 , 1977 in Book 90 of Maps , at Pages 56 and 57 , in the Of- fice of the County Recorder of said County Parcel 3 : All of Tract No. 5277-2 , as per map recorded on December 20, 1977 in Book 95 of Biaps, at Pages 20 and 21 , in the Office of the County Recorder of said County. Parcel 4 : All of Tract No . 5277-3 , as per map recorded on December 20 , 1977 in Book 95 of Maps , at Pages 22 and 23 , in the Office of the County Recorder of said County. Parcel 5 : Lots 1 , 2 and 4-9 of Tract No. 5277, as per map recorded on December 20 , 1977 in Book 95 of Maps , at Pages 18 and 19 , in the Office of the County Recorder of said County. EXHIBIT A to ATTACHMENT A CJ,1 � pp s r; m.er (• YIt t, N o Ul V/ 42 A ` Jill ` v o 6 � u �\ c� 1 EXHIBIT B to ATTACHMENT A (Pane 1 of 1 oaae) C PARCEL A: A condominium comprised of : PARCEL 1 : An undivided 1/14th interest in and to Lot 2 0£ Tract—No-._5277-1, in the City of Palm Desert, County of Riverside, State of California, as per amended map recorded in Book 90 of Maps, at Pages 56 and 57 , in the Office of the County Recorder of said County. EXCEPTING THEREFROM Units 15 through 28 as shown upon the revised condominium plan recorded on December 21 , 1977 as Document No. 252995 of Official Records of said County . PARCEL 2 : Unit consisting of Elements and as shown upon the condominium plan referred to in PARCEL 1 above . PARCEL 3: A non-exclusive easement in and over Common Lots A, B, C, D, and E of Tract No. 5277-1 , as shown by amended Map on file in Book 90 of Maps, at Pages 56 and 57, in the Office of the County Recorder of Riverside County. Said easement is for ingress , egress and parking purposes . Excepting therefrom and reserving to Grantor, its successors and assigns, a perpetual, non-exclusive easement in, upon and across the real property described as Lot 2 of Tract No . 5277-1, in the City of Palm Desert, County of Riverside, State of California, as per amended map recorded on June 9 , 1977 in Book 90 of Maps, at Pages 56 and 57 , in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress and egress and access from and across said Lot 2 of said Tract No . 5277-1 to all or any part of the real property described in Exhibit A hereto. Notwith- standing anything to the contrary contained herein, said ease- ment shall be restricted exclusively to edestrian use by Grantor, its guests, invitees , agents , servants and licensees and does not include the right to pass in, upon, across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said Lot 2 of said Tract No. 5277-1 or any landscaped portion of said real property not intended for pedestrian movement. The easement ATTACHMENT A OPACT y277-1 C hereby reserved is for the benefit of and is appurtenant to all or any part of the real property described in Exhibit A hereto. PARCEL B : A perpetual, non-exclusive easement for ingress, egress and road purposes in, upon and across the real property described as follows : All that portion of Lot 1 of Tract No. 4545 as recorded in Map Book 81, Pages 8_ and 9 also being a portion of the Southeast 1/4 of Section 20 , Township 5 South, Range 6 East, San Bernardino Base and Meridian; COMMENCING at the most northeasterly corner of said Lot 1 , said corner also being on the westerly right-of-' way line of Mountain View Avenue as per Shadow Mountain Park Estates Unit No. 1 as recorded in Map Book 28 , Pages 18 and 19 , Riverside County Records; THENCE South 00009 ' 45" East a distance of 36 . 00 feet along the most easterly line of said Lot 1 and the westerly line of Mountain View Avenue; THENCE South 89150 ' 15" West along the southerly line of said Lot 1 a distance of 131 . 04 feet to the beginning of a tangent curve concave northerly and having a radius of 120 . 00 feet; THENCE northwesterly along said curve through a central angle of 38°07 ' 57 " and a length of 79 . 86 feet; TIIENCE continuing along said southerly line of Lot 1 , North 52'01 ' 48" West a distance of 4 . 49 feet; THENCE North 11041 ' 53" West a distance of 181. 69 feet to the northerly line of said Lot 1 ; TIIE14CE South 61031 ' 59" East a distance of 23 . 51 feet along said northerly line; TIIENCE South 11041 ' 53" East a distance of 141 . 36 feet along the easterly line of said Lot 1; THENCE continuing along said line, South 52001 ' 48" East a distance of 10. 64 feet to the beginning of a tangent curve concave northeasterly and having a radius of ' 40 .00 feet; THEN CT along said curve through a central angle of 38°07 ' 57" and a length of 26. 62 feet; -2- THENCE North 89°50 ' 15" East a distance of 155 . 95 feet along the northerly line of said Lot 1 to the POINT OF BEGINNING._ The easement hereby granted is for the benefit of, and is appur- tenant to, the real property conveyed herein and more particu- larly described as PARCEL A hereof. PARCEL C: A perpetual, non-exclusive easement for ingress, egress and road purposes in, upon and across the real property described as Lots A and B of Tract 5277, in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 18 and 19 , in the Offices of the County Recorder of said County: The ease- ment hereby granted is for the benefit of, and is appurtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof . PARCEL D: A perpetual , non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No. 4545 in the City of Palm Desert, County of Riverside , State of California, as per map recorded on March 28, 1975 , in Book 81 of Maps at Pages 8 and 9 , in the Office of the County Recorder of said County, which easement shall consist .of rights-of-way for ingress, egress and parking purposes across the parking area indicated by "Line a" on Exhibit B attached hereto and incor- porated herein by reference. The easement hereby granted is for the benefit of, and is appurtenant to, the real property conveyed herein and more particularly described as PARCEL A hereof . -3- 1 PARCEL E- A perpetual, non-exclusive easement in, upon and across the real property described as Lot 1 of Tract No . 4545 in the City of Palm Desert, County of Riverside , State of Cali- fornia, as per map recorded on March 28 , 1975 in Book 81 of Maps at Pages 8 and 9 , in the Office of the County Recorder of said County; and the real property described as Lot 1 of Tract No. 5277-1 in the City of Palm Desert, County of Riverside, State of California, as per amended map recorded on June 9 , 1977 in Book 90 of daps at Pages 56 and 57 , in the Office of the County Recorder of said County; and the real property described as Lots 1 through 4 of Tract No . 5277 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 18 and 19 , in the Office of the County Recorder of said County; and the real property described as Lots 1 through 5 of Tract No. 5277-3 , in the City of Palm Desert, County of Riverside, State of California, as per map recorded on December 20, 1977 in Book 95 of Maps at Pages 22 and 23, in the Office of the County Recorder of said County; and the real property described as Lots 1 and 2 of Tract No. 5277-2 , in the City of Palm Desert, County of Riverside, State of Cali- fornia, as per map recorded on December 20 , 1977 in Book 95 of Maps at Pages 20 and 21 , in the Office of the County Recorder of said County, which easement shall consist of rights-of-way for ingress and egress and access from and across said real property to all or any part of the real property conveyed hereby. Notwithstanding anything to the contrary contained herein, said easement shall be restricted exclusively to pedestrian use and does not include the right to pass in , upon, -4- across or through any buildings or other improvements which are presently situated or may hereafter be constructed upon said real property or any landscaped portion of said real property not intended for pedestrian movement. The easement hereby granted is for the benefit of, and is appurtenant to the real property conveyed herein and more particularly described as PARCEL A hereof. -5- J In the City of Palm Desert, County of Riverside, State of California, described as follows: Parcel 1 : Lot 1 of Tract No. 4545 , as per map recorded on March 28 , 1975 in Book 81 of Maps , at Pages 8 and 9 , in the Office of the County Recorder of said County. Parcel 2 : Lot 1 of Tract No. 5277-1 , as per amended map recorded on June 9 , 1977 in Book 90 of Maps , at Pages 56 and 57 , in the Office of the County Recorder of said County. Parcel 3 : All of Tract No. 5277-2 , as per map recorded on December 20 , 1977 in Book 95 of Maps , at Pages 20 and 21, in the Office of the County Recorder of said County. Parcel 4 : All of Tract No . 5277-3 , as per map recorded . on December 20 , 1977 in Book 95 of Maps , at Pages 22 and 23, in the Office of the County Recorder of said County. Parcel 5 : All of Tract No. 5277 , as per map recorded on December 20 , 1977 in Book 95 of Maps, at Pages 18 and 19 , in the Office of the County Recorder of said County. EXHIBIT A to ATTACHMENT A S ; \ tit ty r� ,.., , �f `y 4 r I a;,r ri :,:,17I° " ; ••I . V V, .` f n. n� e . a (p �14 y •J � V V EXHIBIT B to ATTACHMENT A }� t (Page 1 of 1 page) :_ y, BY-LAWS OF Article I NAME, PURPOSE AND LOCATION 1 . 01 Name. The name of this Corporation is 1 .02 Purpose. The primary purpose of the Corporation is to acquire, own , hold and operate that certain resort apartment building commonly known as and, in connection therewith, to operate as a cooperative housing project for the benefit of each of the .Corporation ' s Shareholders. 1 . 03 Principal_Executive Office . The principal executive office for the transaction of business of the Corpora- tion is hereby fixed and located at — The Board of Directors is hereby granted full power and authority to change said principal office from one location to another within the County of Riverside , State of California . Article II DEFINITIONS The following terms shall have the following meanings when used in these By-Laws : 2. 01 Air Space Map. "Air Space Map" shall mean the map attached hereto as Exhibit A and "hereby made a part hereof . 2 . 02 Apartment. "Apartment" shall mean the dwelling space bounded by and contained within the interior surfaces of the walls, floors and .ceilings that mark the perimeter bound- aries of such Apartment and, where found along such walls, floors and ceilings , the interior surfaces of built-in fireplaces and of windows and doors in their closed position , together with a balcony or patio, if any. Each such dwelling space is de.signated on the Air Space -Map. S 2 .03 Articles. "Articles" shall mean the Articles of Incorporation of the Corporation as from time to time duly amended . 2 . 04 Board. "Board" shall mean the Board of Directors of the Corporation. 2 .05 Building.. "Building" shall mean any structure at the Project having a roof , supported by columns or walls , and containing an Apartment. 2 .06 By-Laws. "By-Laws" shall mean these. By-Laws as from time to time duly amended . 2 . 07 Collateral Security Instrument . "Collateral Security Instrument" shall mean a security instrument encumbering a Shareholder ' s Stock Cooperative Unit and Appurtenant Apartment and Proprietary Lease executed by a Shareholder , in recordable form, for the benefit of the Corporation, securing the payment of Rent and other charges levied against .such Stock Cooperative Unit . A Collateral Security Instrument shall include a Deed of Trust , Pledge Agreement, Assignment of Rents and Security Agreement. 2 .08 Common Elements. "Common Elements" shall mean all of the Project except the portions thereof that constitute Apart- ments, and shall include any part of any Building or any facil- ities or fixtures that may be within an Apartment that are or may be necessary or convenient to the support, existence, use, occu- pancy, operation, maintenance, repair or safety of any Building or any part thereof or any other Apartment therein. Without limiting the generality of the foregoing , the following shall constitute Common Elements: ( i) the Real Property; ( ii) all foundations, columns, girders, beams and supports of any Building; ( iii) all exterior walls of any Building , the main or bearing walls within any Building , and the main or bearing subflooring and the roofs of any Building ; ( iv ) all entrances , exits , corridors , lobbies, basements, lounges , linen rooms , laundry rooms , storage space, stairs , .stairways , landings and fire escapes not within any Apartment; (v) all service and maintenance areas, spaces, fixtures, aparatus , installations and facilities for purposes of power , light, gas, telephone, television, hot water , cold water , heating , refrigeration, air conditioning , incineration, trash collection, sewerage or similar utilities, including furnaces, tanks, pumps; motors , fans , compressors , vents , ducts , flues , wires, pipes , conduits and other similar fixtures, apparatus, installations and facilities , provided they do not exist solely to serve an Apart- ment in which they may be located; and (vi) all meeting rooms, reception areas, offices, open space, landscaped areas, shrubbery, walkways, parking areas , driveways, patios, decks and balconies, and vending machine enclosures. 2 .09 Common Expenses. "Common Expenses" shall mean the actual and estimated costs of: debt service on the First Deed of -2- a Trust, real and personal property taxes, and all other costs of maintenance, management, operation, repair, refurbishment and replacement of the Project; the costs of any and all utilities metered to more than one Apartment and other commonly metered charges for the Project; any costs of trash collection and removal; costs of management and administration of the Corporation includ- ing , but not limited to, compensation paid by the Corporation. to managers, accountants, attorneys and other agents or employees; the costs of all gardening, security and other services benefiting the Project; the costs of fire, casualty and liability insurance, worker's compensation insurance, and other insurance covering the Project; the costs of bonding of the members of ,the management body; taxes paid by the Corporation; amounts paid by the Corpora- tion for discharge of any lien or encumbrance levied against the entire Project or any portion thereof ; and the cost of any other item or items designated by, or in accordance with, other expenses incurred by the Corporation, for any reason whatsoever in connection with the Project, for the common benefit of the Share- holders. 2. 10 Corporation. "Corporation" shall mean 2 . 11 First Deed of Trust. "First Deed of Trust" shall mean a Deed of Trust, if any , encumbering the entire Project and the note or notes secured thereby, executed by the Corporation or its predecessor in interest. 2 . 12 Guest. "Guest" shall mean any employee, spouse, relative, subtenant, guest (whether or not for hire) or invitee of a Tenant, including transient guests , and any person other than a Mortgagee who has acquired any title or interest, less than a Tenant ' s interest in an Apartment through or under a Tenant, including a. licensee and any employee, subtenant,, guest or invitee (whether or not for hire) of any such person. 2. 13 Landlord. "Landlord" shall mean the Corporation. 2. 14 Manager. "Manager" shall mean the person or entity employed by the Corporation, pursuant to and limited by Section 3 . 16 hereof, and delegated the duties , powers or functions of the Corporation as limited by said section. 2 .15 Mortgagee. "Mortgagee" shall mean any person or entity who is a mortgagee under a recorded mortgage, beneficiary under a recorded deed of trust or the holder of a similar recorded security instrument. other than the First Deed of Trust and a Collateral Security Instrument encumbering an Apartment or the Project. "First Mortgage" shall mean a Mortgage with first priority or seniority over other mortgages. -3- 2. 16 Person. "Person" shall mean a natural individual or a revocable trust, the beneficiary of which is a natural individual. f 2. 17 Project. "Project" shall mean .the Real Property and the improvements thereon. 2 . 18 Proprietary Lease. "Proprietary Lease" shall mean the proprietary lease agreement entered into between the Corporation and its Shareholders and entitling each Shareholder to the exclusive use and occupancy for residential purposes of the Apartment allocated to the Shareholder' s respective Stock Coopera- tive Unit. Until amended by the Shareholders and their Mortgagees as provided herein, the . form of the Proprietary Lease to be used by the Corporation for the leasing of all Apartments in the . Project is set forth in Exhibit B which is attached hereto and incorporated herein by reference. 2. 19 Real Property. "Real Property" shall mean the real property described on Exhibit C hereto. 2 . 20 Rent. "Rent" shall mean the amounts charged to a Shareholder under her or his Proprietary Lease for Common Expenses, as provided in Article VI hereof. 2 . 21 Rules and Regulations. "Rules and Regulations" shall mean the rules and regulations adopted by the Board pursuant to these By-Laws , as such rules and regulations may be amended from time to time. 2. 22 Shares. "Shares" shall mean those shares of the stock of the Corporation which have been issued together with an appurtenant Proprietary Lease to a Shareholder, and shall not include any unissued shares of stock or any stock which has been reacquired by the Corporation in connection with the reacquisition of Shares and cancellation of a Proprietary Lease. The number of Shares allocated to each Apartment is set forth on Exhibit D hereto. 2. 23 Shareholder. "Shareholder" shall mean any Person who owns a Stock Cooperative Unit. 2 . 24 Special Assessment. "Special Assessment" shall mean a special charge against a particular Shareholder and her, his or its Stock Cooperative Unit , levied in accordance with the provisions of Article VI hereof. 2. 25 Stock Cooperative Unit. "Stock Cooperative Unit" shall mean a leasehold estate in a Proprietary Lease for an Apartment, together with a specified number of Shares. 2 . 26 Tenant. "Tenant" shall mean the owner, whether one or more Persons , of a Stock Cooperative Unit and lessee of -4- the Apartment appurtenant thereto , as reflected on the books and records of the Corporation, but excluding those Persons holding such Stock Cooperative Unit as security for the perfor- mance of an obligation. Article III SHAREHOLDERS; MEETINGS OF SHAREHOLDERS 3 .01 Ownership of Stock Cooperative Units. ( a) A Stock Cooperative Unit may only be ownod by_a Person, and may not be own_ed—by--a—co.cpoXatj-o n.,genex_al or limited partnership, irrevocable trust or similar entity. ( b) In the event that any Stock Cooperative Unit is acquired by some entity other than as permitted in subsection 3 . 01 ( a) , as a result of an assignment by operation of law or as a result of a foreclosure of any lien encumbering a Stock Cooperative Unit (whether obtained by judicial process or voluntarily given ) , or in the event that a bank or other lending institution shall acquire a Stock Cooperative Unit by foreclosure ( or by instrument in lieu of foreclosure ) and hold it for more than three years from the date of acquisition, such entity may be required to divest itself of such Stock Cooperative Unit at any time upon six months prior written notice by the Board . The Board shall require an entity to divest itself of a Stock Cooperative Unit if, in the reasonable judgment of the Board , such divestiture is necessary or . advisable in order to comply with any applicable law imposing limitations on the holding of Stock Cooperative Units by anyone other than a Person such as , by way of example, the provisions of Internal Revenue Code Section 216 or such other laws as may hereafter be promulgated by any governmental body having jurisdiction. Any policies or guidelines which may be adopted by the Board with respect to the divestiture of Stock Cooperative Units by nonqualified entities shall be uniformly applied and , to the extent practically applicable, shall provide that divestitures shall be required first by those entities which have held their Stock Cooperative Units .longest. ( c ) In the event that an entity shall fail . to divest itself of a Stock Cooperative Unit when required to do so by the Board , such failure shall constitute an "Event of Default" under the Proprietary Lease constituting a part of such . Stock Cooperative Unit, in which event the Board may enforce any remedy available to it as a result of such a default. (d ) Palm Desert Venture, Ltd. , a limited partnership, shall be permitted to purchase and hold an unlimited number -5- of Stock Cooperative Units in connection with the original issuance of Shares by the Corporation notwithstanding Palm Desert Venture, Ltd. is not a Person. 3. 02 Shareholders' Rights and Duties. Each Shareholder shall have the rights, duties and obligations set forth in these By-Laws and in the Proprietary Lease for such Shareholder ' s Apartment, as the same may be amended from time to time. 3 .03 Transfer' of Stock Cooperative Units. The lease- hold estate of an Apartment pursuant to the Proprietary Lease therefor, together with the Shares appurtenant to that leasehold estate, shall be treated as an indivisible unit so that ( i ) a Proprietary Lease may not be assigned or transferred except with a concurrent assignment or transfer to the same Person of the shares appurtenant to that Proprietary Lease, and ( ii ) Shares may not be assigned or transferred except with a concurrent assignment or transfer to the same Person of the Proprietary Lease appurtenant. to such Shares. 3 . 04 Place of Meetings. Meetings of the Shareholders shall be held within the Project, or as close thereto as possible. Such meetings shall not be held outside of Riverside County, California, unless the Board of Directors determines that unusual conditions exist that make a meeting elsewhere desirable. 3 . 05 Annual Meetings. The annual meetings of Share- holders shall be held on the day of of each year, at o ' clock . M. ; provided , however, that should said day fall upon a legal holiday , then such annual meeting of Shareholders shall be held at the same time and place on the next day thereafter ensuing, which is not a legal holiday. Notice of each annual meeting shall be given to each Shareholder entitled to vote thereat, either personally or by first-class mail or. telegraph or other means of written communi- cation, charges prepaid , addressed to such Shareholder at her or his address appearing on the books of the Corporation or given by her or him to the Corporation for the purpose of notice. If a Shareholder gives no address, notice shall be deemed to have been given her or him if sent by mail or telegraph or other means of written communication addressed to the Shareholder at the address of such Shareholder in the Project. All such notices shall be delivered personally , or deposited in the mail or sent by telegraph or other means of written communication, to each Shareholder entitled to vote thereat, not less than ten ( 10 ) nor, more than sixty ( 60 ) days before such annual meeting, except in such cases as are determined by the Board of Directors to be emergency situations. Any such notice shall specify the place, date and hour of such meeting , -6- and each matter to be voted . on at the meeting that is known to the Board of Directors at the time of giving of such notice . 3 .06 Special Meetings. Special meetings of the Share- holders, for any purpose or purposes whatsoever, may be called at any time by the Board of Directors upon the vote of a majority of the members of the Board of Directors, or upon receipt of written request therefor by Shareholders holding not less than twenty-five percent ( 25a ) of the Shares. Upon request in writing to the Chairperson of the Board , the President, any Vice-President or the Secretary by any person entitled to . call a special meeting of Shareholders , such officer shall cause notice to be given forthwith ,, but in no event later than twenty ( 20 ) days after receipt of the request, that a meeting will be held at the time requested by the person or. persons calling the meeting , which time shall be not less than ten ( 10 ) and not more than thirty (30 ) days after receipt of the request, except in such cases as are determined by the Board to be emergency situations. Except in special cases where other express provision .is made by statute and as set forth herein, notice of such special meetings shall be given in the same manner as for annual meetings of Shareholders . Notices of any special meeting shall specify, in addition to the place, date and hour of such meeting , the general nature of the business to be transacted . 3 .07 First Meeting . The first meeting of the Share- holders shall be held no later than the earlier of the following dates : ( i ) the date forty-five ( 45) days after the closing of the sale by Palm Desert Venture, Ltd . of fifty-one percent ( 51% ) of the Stock Cooperative Units to members of the public; or ( ii) the date six (6 ) months after the closing of the first such sale of a Stock Cooperative Unit. At such first meeting , all positions on the Board shall be filled by persons elected by the Shareholders . 3 . 08 Adjourned Meetings and Notice Thereof . Any Shareholders ' meeting, annual or special , whether or not a quorum is present, may be adjourned from time to time by a majority of the votes present either in person or by proxy thereat, but in the absence of a quorum, no other business may be transacted at any such meeting except as provided in Section 3. 12 of this Article. When any Shareholders ' meeting , either annual or special , is adjourned for seven (7 ) days or less, the time and place of the adjourned meeting shall be announced at the meeting at which the adjournment is taken. When any Shareholders ' meeting , either annual or special , is adjourned for more than seven ( 7 ) days , notice of .the adjourned meeting shall be given to each Shareholder as : in the case of an original meeting . Except as aforesaid , it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting , and at the adjourned meeting the Shareholders may -7- transact any business which might have been transacted at the original meeting. 3 . 09 EntryofNotice of Delivery . An affidavit ---- _ _----------------- executed by the Secretary or any Assistant Secretary to the effect that any notice or report required to be given to a Shareholder by law or these By-Laws has been duly given shall be sufficient evidence that such notice or report was duly given to such Shareholder . If any notice or report addressed to a Shareholder at the address of such Shareholder appearing on the books of the Corporation is returned to the Corporation by the United States Postal Service marked to indicate that the United 'States Postal Service is unable to deliver the notice or report to the Shareholder at such address, all future notices or reports shall be deemed to have been duly given without further mailing if the same shall be available for the Shareholder upon written demand of the Shareholder at the principal executive office of the j Corporation for a period of one ( 1 ) year from the date of the giving of the notice or report to all other Shareholders. 3 . 10 Voting . . Each Shareholder shall have one vote for each Share owned by such Shareholder . In the event a Share is owned by multiple Shareholders , the multiple Shareholders shall , prior .to each meeting of Shareholders, provide the Corpora- tion with a written statement, signed by all such multiple Shareholders, indicating how the vote assigned to the Share owned by such multiple Shareholders is to be divided among such multiple Shareholders; provided , however , that in the event the Corporation does not receive such a statement prior to any such meeting , the vote for such Share shall be apportioned equally among the owners of such Share present at such meeting . At any election of the Board , every Shareholder entitled to vote may cumulate that Shareholder ' s votes and give any one or more candidates a number of votes equal to the number of votes such Shareholder may .cast multiplied by the number of directors to be elected ; provided , however , that unless the entire Board is removed from office an individual director shall not be removed from office prior to the expiration of her or his term of office if the number of votes cast against her or his removal is greater than the quotient arrived at by dividing the total number of votes that may be cast under cumulative voting procedures by a divider equal to one plus the authorized number of directors . Such vote may be given by viva voce or by ballot; provided , however, that all elections for directors shall be by ballot. On any matter other than elections of members of the Board., any Shareholder may vote part of her or his Shares in favor of the proposal and refrain from voting the remaining Shares or vote them against the proposal , but, if the Shareholder fails to specify the number of Shares which the Shareholder is voting affirmatively , it will be conclusively presumed that the Shareholder ' s approving -8- vote is with respect to all Shares that the . Shareholder is entitled to vote. The right to vote may not be severed or separated from any Share and any sale or transfer of any Share to a new Shareholder or Shareholders shall operate to transfer the appurtenant voting rights without the requirement of any express reference thereto. If a quorum is present, the affirmative vote on any matter of the . majority of the votes represented at the meeting ( or , in the case of elections in which there are. more than two candidates, a plurality of the votes cast) shall be the act of the Shareholders, unless the vote of a greater number is required by law or the Articles of Incorporation or these By-Laws . 3 . 11 Quorum. The presence in person or by proxy of Shareholders who hold votes equal to twenty-five percent ( 25% ) of the total voting power of the Corporation shall constitute a quorum for the transaction of business. The Shareholders present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Shareholders to leave less than a quorum, if any action taken, other than adjournment, is approved by at least a majority of the votes required to constitute a quorum, unless the vote of a greater number is required by law or the Articles of Incorporation or these By-Laws. 3 . 12 Consent of Absentees. The proceedings and trans- actions of any meeting .of Shareholders, either annual or special , however called and noticed and wherever held, shall be as valid as though had at a meeting duly held after regular call and notice, if a quorum be present either in person or by proxy and if, either before or after the meeting , each of the Shareholders not present in person or by proxy signs a written waiver of notice, a. consent to the holding of such meeting or an approval of the minutes thereof . Neither the business to be transacted at, nor the purpose of, any regular or special meeting of Shareholders need be specified in any written waiver of notice . All such waivers , consents or approvals shall be filed with the corporate records or made a part of the minutes of the meeting . Attendance of a person at a meeting shall constitute a waiver of notice of such meeting , except when the person objects at the beginning of the meeting to the transaction of any business because the meeting is not lawfully called or convened , and except that attendance at a meeting is not a waiver of any right to object to the consideration of matters required by law to be included in the notice but not so included , if such objection is expressly made at the meeting . -9- 3 . 13 Action Without Meeting . Any action which may be taken at any annual or special meeting of the Shareholders may be taken without a meeting and without prior notice, if authorized by a written consent setting forth the action so taken, signed by Shareholders having not less than the minimum number of votes , that would be necessary to authorize or take such action at a . meeting at which all Shareholders were present and voted , and filed with the Secretary of the Corporation; provided, however , that directors . may not be elected by written consent except by unanimous written consent of all Shareholders. Any Shareholder giving a written consent, or such Shareholder ' s proxyholder , may revoke any such consent by a writing received by the Corporation prior to the time that written .consents of the number of Share- holders required to authorize the proposed action have been filed with the Secretary of the Corporation, but may not do so thereafter . Such revocation shall be effective upon its receipt by the Secretary of the Corporation. Unless the consents of all Shareholders have been solicited in writing and have been received , prompt notice shall be given, in the same manner as for annual meetings of Shareholders , to those Shareholders who have hot consented in writing , of the taking of any corporate action approved by Shareholders without a meeting . Such notice shall be given at least ten ( 10 ) days before the consummation of the action authorized by such approval with respect to the following: ( a) Approval of any reorganization of the Corporation; ( b) A proposal to approve a contract or other trans- action between the Corporation and one or more directors, or any Corporation, firm or association in which one or more directors has a material financial interest; or (c )' Approval required by law of the indemnification of any person or entity. 3 . 14 Proxies . Every Shareholder entitled to vote or execute consents shall have the right to do so either in person or by an agent or agents authorized by a written proxy executed by such Shareholder or her or his duly authorized agent; provided , however , that no such proxy shall be valid after the expiration of eleven ( 11 ) months from the date of its execution, unless the Shareholder executing it specifies therein the length of time for which such proxy is to continue in force . 3 . 15 Record Date. The Board shall have the power to fix in advance a date as a record date for the purpose of determining Shareholders entitled to notice of or to vote at any meeting or to be furnished with any budget or other information or material , or in order to make a determination of Shareholders for any purpose. Notwithstanding any provisions hereof to the contrary, -10- 1 the Shareholders of record on any such record date shall be deemed the Shareholders for such notice, vote, meeting, furnishing of information or material or other purpose and for any supplementary notice, information or material with respect to the same matter and for any adjournment of the same meeting . A record date shall not be more than sixty ( 60 ) days nor less than ten ( 10 ) days prior to the date on which the particular action requiring determination of Shareholders is proposed or expected to be taken or to occur . 3 . 16 Limitation on Rights. Notwithstanding any provision of these By-Laws to the contrary, the Corporation shall not - take any of the following actions except with the prior vote or written consent of a majority of the voting power of the corporation residing in Shareholders other than Palm Desert Venture, Ltd . : ( a ) Entering into a contract with a third person wherein the third person will furnish goods or services for a term longer than one (1) year , except( Fa contract -with a public utility company if`the rates charged for the materials or services are regulated by the California Public Utilities Commission ( provided ,, however , that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate ) ; ( ii ) prepaid casualty and/or liability insurance policies of not to exceed three ( 3 ) years duration, provided that the policy permits short rate cancellation by the insured; or ( iii ) a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration. ( b ) I.ncurring aggregate expenditures for capital improvements to Corporation real property in any fiscal year in excess of five percent ( 5% ) of the budgeted gross expenses of the Corporation for that fiscal year . ( c ) Selling during any fiscal year property of the Corporation having an aggregate fair market value greater than five percent ( 50 ) of the budgeted gross expenses of the Corporation. for that fiscal year . ( d ) Paying compensation to members of the Board or to officers of the Corporation for services performed in the conduct of the Corporation' s business; provided , however , that the Board may cause a Shareholder or officer to be reimbursed for expenses incurred in carrying on the business of the Corporation. ( e) Refinancing the Project and utilizing or distri- buting the funds therefrom. _11- 3. Article IV DIRECTORS 4 . 01 Powers Subject to limitations of the Articles of Incorporation , these By-Laws and of the California General Corporation Law as to action to be authorized or approved by the . Shareholders, and subject to the duties of directors as prescribed by the By-Laws, the business and affairs of the Corporation shall be managed and all corporate powers shall be exercised by or under the direction of the Board . Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the directors shall have the following . powers : ( a) To select and remove all other officers, agents and employees of the Corporation , prescribe such powers and duties for them as may not be inconsistent with law , the Articles of Incorporation or these By-Laws, fix their compensation and require from them security for faithful service; ( b ) To conduct , manage and control the affairs and business of the Corporation, and to make such rules and regulations therefor not inconsistent with law, the Articles of Incorporation or these By-Laws, as they may deem best; ( c ) . To borrow money and incur indebtedness for the purposes of the Corporation and to cause to be executed and delivered therefor , in the corporate name , promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other evidences of debt and securities therefor ; (d ) To adopt, make and use a corporate seal; prescribe the forms of certificates of stock ; and alter the form of the seal and certificates; ( e ) To appoint, by resolution adopted by a majority of the authorized number of directors , one or more com- mittees, each consisting of two or more directors and any alternate directors as may be .designated to replace any absent members at any meeting thereof , to serve at the pleasure of the Board , and to delegate to any such committee any of the powers and authority of the Board in the manage- ment of the business and affairs of the Corporation, except the following powers: to approvelany action which by law, or by these By-Laws also requires Shareholders ' approval , to fill vacancies on the Board or any committee thereof, to fix the compensation of directors for serving on the Board or any committee thereof, to amend or repeal by-laws or adopt new -12- by-laws, to amend or repeal any resolution of the Board which by its express terms is not so amendable or repealable, or to appoint other committees of the Board or the members thereof; ( f ) To execute and deliver Proprietary Leases , as provided in Article IX hereof; (g ) To enforce all applicable provisions of the Articles of Incorporation, these By-Laws and all Proprietary Leases; (h) To prepare and propose a budget, levy and collect the Rent and special charges in the manner set forth in Article VI hereof, and make or authorize the expenditures therefrom as hereafter described; ( i ) To contract for and pay the . cost of providing all services and maintenance functions for which the Corporation is liable out of funds collected by the Board; ( j ) .To contract for the services of a manager to the extent deemed advisable by the Board , as well as such other personnel as the Board shall require in its discretion for the administration of the Project and for the performance of any or all of the obligations imposed upon the Corporation or the Board pursuant to the Proprietary Leases, the Articles of Incorporation or these By-Laws; ( k ) To secure a fidelity bond or bonds naming the manager and such other persons as may be designated by the Board as principals and the Corporation as obligee; ( 1 ) To pay all real property taxes and assessments or similar levies assessed against the Corporation' s property by any governmental authority; ( m) To purchase , rent, make or hire any materials , supplies, furniture, labor , services, maintenance, repairs, structural alterations or insurance which, in the discretion of the Board , shall be necessary or proper in order to carry out its obligations hereunder . However, if any such materials, supplies, furniture, labor, services., maintenance, repairs, structural alterations or insurance are provided for or attributable to a specific Apartment, the cost thereof may be specially assessed to the Lessee of such Apartment; (n) To adopt rules and regulations for .the use of the . Common Elements of the Project as provided in Article VIII; and ( o ) To take such other action and incur such other obligations , whether or not . herein expressly specified , as shall be necessary to perform all obligations of •the Corporation. -13- 4 . 02 Number and Qualifications of Directors . The authorized number of directors of the Corporation shall be five ( 5 ) until changed by amendment of the Articles, of Incorpora- tion or by a duly adopted by-law amending this Section 4 . 02 of these By-Laws . No . person may be a director who is not a Shareholder or a duly authorized agent of any Shareholder who is not a person. 4 . 03 Election and Term of Office. The directors shall be elected at each annual meeting of the Shareholders, but if any . such annual meeting is not held , or the directors are not elected thereat, the directors may be elected at any special meeting of the Shareholders held for that purpose. Each director shall hold office until the expiration of the term for which elected and until her or his successor is elected and qualified , or until she or he is removed from office. 4 . 04 Vacancies. Vacancies in the Board , other than those created by the removal of a director , may be filled by a majority of the remaining directors, though less than a quorum, or by a sole remaining director , and each director so elected shall - hold office until her or his successor is elected at an annual or special meeting of the Shareholders. A vacancy or vacancies in the Board shall be deemed to exist when any authorized position of director is not filled by a duly elected and acting director , whether caused by the death, resignation or removal of any director , increase in the authorized number of directors, failure of, the Shareholders, at any annual or special meeting of Shareholders at which any director or directors are elected, to elect the full authorized number of directors to be voted for at that meeting , or otherwise. The Shareholders may elect a director or directors at any time to fill any vacancy or vacancies created by the removal of . a director or not filled by the directors , but any such election by written consent shall require the written consent of a majority of the outstanding voting power of the Corporation. If the resignation of a director is given to take effect at a future time, the Board or the Shareholders shall have power to elect a successor to take office when the resignation is to become effective. No reduction of the authorized number of directors shall have the effect of removing any director prior to the expiration of that director 's term of office. 4 . 05 Place of Meeting . Meetings of the Board or any committee thereof shall be held at any time and place within the Project which has been designated in the notice of the meeting or , if not stated in the notice or there is no notice, from time to time by resolution of the Board or committee, as the case may be. -14- In the absence of such designation, meetings shall be held at the principal executive office of the Corporation. Notice of the time and place of each such meeting shall be posted at a prominent place within the Project at least three ( 3 ) days prior to such meeting . 4 . 06 Organization Meetina. Immediately following each annual meeting of Shareholders , the Board shall hold a regular meeting for the purpose of organization , election of officers and the transaction of other business. Notice of such meetings is hereby dispensed with, except as set forth in Section 4 . 05 hereof. 4 . 07 Other Regular Meetings. Other regular meetings of the Board, and regular meetings of. committees of the Board , shall be held without call on such dates as may be fixed by the Board or the committee , as the case may be; provided , however , that regular meetings of the Board shall be held at least monthly unless the Board determines that the business to be transacted at such meetings does not justify monthly meetings ; and provided. further , that a regular meeting of the Board shall be held at - least once every six ( 6 ) months . Notice of all such regular meetings of the Board and committees thereof is hereby dispensed with , except as set forth in Section 4 . 05 hereof. 4 . 08 Special_Meetings . Special meetings of the Board for any purpose or purposes may be called at any time by the Chairperson of the Board ( if there be such an officer ) , by the President, by any Vice-President, by the Secretary or by any two directors . Special meetings of any committee of the Board for any purpose or purposes may be called at any time by the President, by the Executive Vice-President, by the chairperson or by any vice-chairperson of the committee, by the Secretary, or by any two members of the committee. Notice of the time and place of special meetings shall be delivered personally to all directors or committee members as the case may be , either in .writing or orally or by telephone , or shall be sent to each such director by first- class mail or telegraph , charges prepaid , addressed to her or him at her or his .address as it is shown upon the records of the Corporation , or if it is not shown on such records or is , not readily ascertainable , at the place in which the meetings of the directors are regularly held . In case such notice is mailed , it shall be deposited with the United States Postal Service in the place where the principal office of the Corpora- tion is located at least four (4 ) days prior to the time of the holding of the meeting . In case such notice is delivered by telegraph or personally as above provided , it shall be delivered to the telegraph company in the. place where the principal office of the Corporation is located , or delivered personally , at least seventy-two ( 72 ) hours .prior to the time of the holding of the -15- meeting . Notice shall also be posted as set forth in Section 4 . 05 hereof. Such notice shall specify the purpose of the special meeting . Such mailing , telegraphing or personal delivery as above provided shall be due, timely, legal and personal notice to such director . 4 . 09 Notice of Adjournment . Unless a directors ' or committee meeting has been adjourned for more than twenty-four ( 24 ) hours, notice of the time and place of holding an adjourned meeting need not be reposted or given to absent directors or committee members if the time and place be fixed at the meeting adjourned . If the meeting has been adjourned for more than twenty-four ( 24 ) hours, notice of such adjournment and the time and place of the adjourned meeting shall be given prior to the time of the adjourned meeting to all directors or committee members who were not present at . the time of the adjournment, in the same manner as provided in Section 4 . 08 hereof for special meetings of the Board or committee , and shall be reposted as provided in Section 4 . 05 hereof. 4 . 10 Entry of Notice. Whenever any director has been absent from any special meeting of the Board or committee thereof, an affidavit executed by the Secretary or any Assistant Secretary to the effect that notice has been duly given as required by law and the By-Laws of the Corporation shall be sufficient evidence that due notice of such special meeting was given to such director . 4 . 11 Waiver of Notice. The transactions of any meeting of the Board or committee thereof, however called and noticed and wherever held, shall be as valid as though had at a meeting duly held after regular call and notice; if a quorum be present, if notice be posted as set forth in Section 4 . 05 hereof , and if , either before or after the meeting , each of the directors or committee members not present , and each director or committee member who is present but did not receive due notice thereof and protests such lack of notice prior to such meeting or at its commencement , signs a written waiver of notice , a consent to holding such meeting or an approval of the minutes thereof . Such waiver of notice need not specify the purpose of the meeting . All such , waivers , consents or approvals shall be filed with the corporate records or made a part of the minutes of the meeting . 4 . 12 Quorum. A majority of the authorized number of directors of the Board or any committee thereof shall be necessary to constitute a quorum for the transaction of business by such Board or committee , as the case may be . A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors or committee members, if any action taken is approved by at least a majority of the -16- required quorum for such meeting . Subject to the foregoing sentence of this Section 4 . 12 , every act or decision done or made by a majority of the directors or committee members present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board or committee thereof , as the case may be, unless a greater number be required by law , the Articles of Incorporation or these By-Laws . Directors shall be deemed present at any meeting of the Board or any committee thereof and may participate therein if present through use of conference telephone or, similar communications equipment, so long as all directors participating in -such meeting can hear one another . 4 . 13 Adjournment A majority of the directors or committee members present, whether or not a quorum is present, may adjourn any directors ' or committee meeting to meet again at a stated time , place and hour . 4 . 14 Fees and Compensation:, Directors shall not receive any compensation for their services as directors except as set forth in Section 3 . 16 hereof. Nothing herein contained shall be construed to preclude any director from serving the Corporation in any other capacity as an officer , agent, employee or otherwise and receiving compensation 'therefor . 4 . 15 Attendance at Regular and special meetings of the Board and all committees thereof shall be open to all Shareholders . of the Corporation; provided , however , that Shareholders who are not on the Board or committee may not parti- cipate in any deliberation or discussion thereof unless expressly so authorized by the vote of a majority of a quorum of the Board or committee , as the case may be. The Board or any committee thereof may , with the approval of a majority of a quorum of its members , adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters , litigation in which the Corporation is or may become involved and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. Article V OFFICERS 5 . 01 Officers. The officers of the Corporation shall be the President, the Secretary, and the Chief Financial Officer . The Corporation may also have , at the discretion of the Board , a Chairperson of the Board , one or more Vice- Presidents , one or more Assistant Secretaries , one or more. -17- Assistant Chief Financial Officers, and such other officers as may be appointed in accordance with the provisions of Section 5 . 03 hereof. Officers other than the President need not be directors . One person may hold two or more offices. 5 . 02 Elections. The officers of the Corporation shall be chosen by the Board , and each shall hold her or his office until her or his successor is appointed or until she or he resigns or is removed from office . 5 . 03 Subordinate .Officers . The Board may appoint such other officers as the business of the Corporation may require, each of whom shall hold office for such period , have such authority and perform such duties as are provided in the By-Laws or as the Board may from time to time determine. 5 . 04 Removal and Resignation . Any officer may be removed , either. with or without cause , by a majority of the directors at the time in office, at a regular or special meeting of the Board or , except in case of an officer chosen by the Board , by any officer upon whom such power of removal may be conferred by . the Board. Any officer may resign at any time by giving written notice to the Board , the President or the Secretary of the Corporation. Any such resignation shall take effect at the .date of the receipt of such notice or at any later time specified therein; and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective . 5 .05 Vacancies . A vacancy in any office because of death, resignation, removal or any other cause shall be filled by the Board at a regular or special meeting. 5 . 06 Chairperson of the Board . The Chairperson of the Board , if there shall be such an officer , shall , if present, preside at all meetings of the 'Board, and exercise and perform such other powers .and duties as may from time to time be. assigned to her or him by the Board or as prescribed by these By-Laws . 5 . 07 President. Subject to such supervisory powers, if any , as may be given by the Board to the Chairperson of the Board , if there be such an officer , the President shall be the general manager and chief executive officer of the Corporation and shall , subject to the control of the Board , have general supervision, direction and control of the business and affairs of the Corporation. She or he shall be ex officio a member of all the standing committees of the Board , including the executive committee, if any , shall have the general powers and duties of management usually vested in the office of the chief executive officer of a corporation, shall , in the absence of the Chairperson of the Board, if there be such an officer , preside at all meetings -18- of the Board and of the Shareholders, and shall have such other powers and duties as may be prescribed by the Board or these By-Laws. 5 . 08 Vice-President. In the absence or disability of the President, the Vice-Presidents, if there shall be any such officers, in order of their rank as fixed by the Board, or if not ranked, the Vice-President designated by the Board, shall perform . all the duties of the President, and when so acting shall have all the powers of , and be subject to all the restrictions upon, the President. The Vice-Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board or .these By-Laws. 5 . 09 SecretaEy. The Secretary shall keep or' cause to be kept, a book of minutes in written form at the principal executive office of the Corporation, of all meetings of directors, committees of the Board , and Shareholders , with the time and place of holding , whether regular or special , and if special how authorized , the notice thereof given, the names of those directors and Shareholders present, the names of those present at directors ' - or committee meetings, and the proceedings thereof . The Secretary shall keep, or cause to be kept, at the principal executive office or at the office of the Corporation ' s transfer agent or registrar as determined by resolution of the Board, a Share register , or a duplicate Share register , showing the names of all Shareholders and their addresses, the number of Shares held by each, the number and date of certificates issued for the same , and the number and date of cancellation of every certificate surrendered for cancellation. The Secretary shall give or cause to be given, notice of all meetings of Shareholders and the Board , as required by these By-Laws or by law to be given, and shall have such other powers and perform such other duties as may be prescribed by the Board or these By-Laws. 5 . 10 Chief Financial Officer . The Chief Financial Officer shall keep and maintain , or cause to be kept and maintained , in written form or in any other form capable of being converted into written form , adequate and correct books and records of account of the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital , retained earnings and Shares. The books of account shall at all reasonable times be open to inspection by any director . The Chief Financial Officer shall deposit all monies and other valuables in the name and to the credit of the Corpora- tion with such depositories as may be designated by the Board. She or he shall disburse the funds of the Corporation as may -19- be ordered by the Board and shall render to the President and directors, as required by Section 6. 17 hereof and at such other times as they may request, an account of all of her or his transactions as Chief Financial Officer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as may be prescribed by the Board or these. By-Laws. ARTICLE VI RENTAL 6 . 01 Rent. Each Shareholder (or, in the event of multiple Shareholders who jointly own one Stock Cooperative Unit, such multiple Shareholders jointly and severally ) shall be obligated to make to the Corporation Rent under the Proprietary Lease for the Apartment leased by such Shareholder. Subject to the provisions hereof, the Board shall have the power and authority to determine all matters in connection with Rent, including, without limitation, power and authority to determine where, when and how Rent shall be paid, and each Share- holder shall comply with all such determinations. 6. 02 Creation of the Lien and Personal Obligation for Rent. Monthly Rent together with any Special Assessments which each Shareholder is obligated to pay , shall pursuant to such Shareholder ' s Proprietary Lease, be a separate , distinct and personal obligation of the Person' who was the Tenant of such Apartment at the time when. the .Rent or Special Assessment fell. due, and shall bind her or his heirs, personal representatives and assigns. This personal obligation cannot be avoided by abandon- ment of the Apartment which is a part. of such Shareholder' s Stock Cooperative Unit , or by an offer to waive use of the Project facilities. A party acquiring an ownership interest in a Stock Cooperative Unit other than by foreclosure of a Mortgage encumber- ing such Stock Cooperative Unit shall be jointly and severally liable with the Person who formerly owned such Stock Cooperative Unit for all amounts that had accrued and were payable at the time of the acquisition of ownership of the Stock Cooperative Unit by such party without prejudice to such party ' s right to recover any of said amounts from the former Shareholder. Each such amount, together with interest thereon, may be recovered by suit for a money judgment by the Corporation without foreclosing or waiving any lien securing the same. As security for her or his obligation to pay Rent; each Shareholder shall as, a condition to the acquisi- tion of her or his Stock Cooperative Unit, execute a Collateral Security Instrument giving the Corporation a lien on the Share- holder' s Proprietary Lease and Shares. -20- I 1y 6 . 03 Fiscal Year and Determination of Budgets. The fiscal year of the Corporation shall be the calendar year. No later than sixty ( 60 ) days prior to the commencement of each fiscal year or partial fiscal year , the. Board shall determine the budget for the Corporation for such fiscal year or partial fiscal year , in the following manner: ( a) Operating Budget. The Board shall prepare or cause to be prepared and approve an Operating Budget for the fiscal year or partial fiscal year showing , in reasonable detail , the estimated operating costs for Common Expenses that will be payable in such fiscal year or partial fiscal year to fulfill the regular operating functions and obliga- tions made in connection with, or contemplated under, any previously approved budgets, plus an amount sufficient to provide a reasonable carry-over reserve for the next fiscal year. The Operating Budget shall include all amounts neces- sary to make required payments under any First Deed of Trust. (b) Capital Replacement Reserve. The Board shall also determine the amount to be set aside in a special fund allocated for periodic maintenance and replacement of the Project which could not ordinarily be undertaken within the parameters of the Operating Budget. Upon determination of the budget for a fiscal year or partial fiscal year, the Board shall furnish a copy of the budget to each Shareholder , which budget shall separately identify amounts attributable to the Operating Budget and to the Capital Replacement Reserve fund. 6 .04 Purpose of Rent. The Rent levied by the Board on behalf of the Corporation shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Apartments and for the operation, replacement, improvement and maintenance of the Project, including, without limitation, the payment of all Common Expenses, all as required by these By-Laws and . the Proprietary. Leases. 6 . 05 Rental Payments . The amount to be raised by Rental Payments during a fiscal year or partial fiscal year shall be equal to ( i ) the Operating Budget for such period , plus ( ii.) the Capital Replacement Reserve for such period , if any , less ( iii ) any anticipated surplus attributable to the Operating Budget collected but not disbursed in the immediately preceding fiscal year or partial fiscal year. If the aggregate amount of the Rent to be levied in any fiscal year against the Shareholder or Shareholders who own any ' Stock Cooperative Unit is more than twenty percent ( 20 % ) greater than the Rental Payment for the prior fiscal year, such -21- Rent shall not be levied without the prior approval of Share- holders holding a majority of the Shares. If the Board fails to determine or cause to be deter- mined the total amount to be raised by Rent in any fiscal year or partial fiscal year , and/or fails to notify the Shareholders of the amount of such Rent for any fiscal year , then the ' amounts of Rent shall be deemed to be the amounts assessed in the previous fiscal year . Except as emergencies may require , the Corporation shall make no commitments or expenditures in excess of the funds reasonably expected to be available to the Corporation. 6 . 06 First Rent . Prior to the sale by Palm Desert Venture , Ltd . of the first Stock Cooperative Unit to be sold to a member of the public, the Board shall estimate the costs and expenses to be incurred by the Corporation from the time of the sale by Palm Desert Venture, Ltd. of the first Stock Cooperative Unit until the commencement of the first full fiscal year . The estimate shall be assessed to each Shareholder as provided in 'Sections 6 . 09-6 . 11 as Rent as of the date of the sale by Palm Desert Venture , Ltd . of the first Stock Cooperative Unit to a member of the public. All costs and expenses incurred prior to such sale shall be the sole responsibility of Palm Desert Venture, Ltd . 6 . 07 Special_Assessments . In addition to Rent , ev the Corporation may ly. Special Assessments, payable over such period as the Corporation may determine: ( i ) for the purpose of defraying , in whole or in part, to the extent the amounts in the Capital Replacement Reserve fund are insufficient therefor , the cost of any construction or reconstruction, maintenance, repair or replacement of improvements or any part thereof ; ( ii ) for the purpose of defraying any other expense incurred or to be incurred as provided in these By-Laws ; or ( iii) to cover any deficiency, in the event that, for whatever reason, the amount received by the Corporation from Rent is less than the amount determined to be necessary and , assessed by the Board . Special Assessments in excess of five percent ( 5% ) of the budgeted gross expenses of the Corporation for a fiscal year may not be levied without the prior approval of Shareholders holding a majority of the Shares. 6 . 08 Accounting . All funds collected by the Corpora- tion shall be promptly deposited in a commercial bank account and/or in one or more savings and loan accounts in an institution or institutions to be selected by the Board. No withdrawals shall be made from said accounts except to ' pay the obligations of the Corporation. The Board shall maintain complete and accurate books and records of its income and expenses on the accrual basis in accordance with generally accepted accounting principles -22- L consistently applied and shall file such tax returns and other reports as shall be required by any governmental entity. 6. 09 Apportionment of Payments on Corporate Indebt- edness. All principal and interest payments which the Corporation is obligated to pay on account of any promissory note secured by a First Mortgage shall be paid by the Shareholders, as a portion of the Rent, such payments to be apportioned among the Shareholders in the same proportion that the number of Shares held by each Shareholder bears to ( the total number of Shares of the Corporation allocated to all of the Apartments) ; provided, however, that at any time that any Apartment shall not be the subject of a Proprietary Lease, the Rent which would otherwise be paid on account of such Apartment shall be allocated to the other Apartments as part of the Common Expenses. 6. 10 Apportionment of Taxes and Assessments. All real property taxes and assessments levied or assessed against the . Project and/or the Corporation shall be paid by the Shareholders as a portion of the Rent, with such amounts to be apportioned among the S.hareholders in the same proportion that the number of Shares held by each Shareholder bears to ( the total number of Shares of the Corporation allocated to all of the Apartments) ; provided, however; that at any time that any Apart- ment shall not be the subject of a Proprietary Lease, the Rent with respect to taxes which would otherwise be paid on account of such Apartment shall be allocated to the other Apartments as part of the Common Expenses. Such taxes and assessments shall be paid in monthly installments, the amount of such installments to be established from time to time by the Board as necessary to provide a fund for the payment of all such taxes and assessments as they become due. Reference herein to real property taxes shall also include any taxes or assessments on the rents or income received by the Corporation or any license fee , tax or other assessments measured by such rental or income. 6. 11 Apportionment of Operating Budget. Each share- holder shall pay as Rent one-thirty-third of all amounts included in the Common Expenses other than promissory note payments or taxes, which are to be apportioned as provided in Sections 6.09 and 6 . 10 respectively . At any time that any Apartment shall not be the subject of a Proprietary Lease , Rent which would otherwise be charged the holder of such Proprietary Lease for the payment of Common Expenses as provided in this Section 6 . 11 shall be allocated among all other Shareholders equally.. 6. 12 Time for Payments . The amount of any Rent , charge, fine, penalty or other amount, payable with respect to any Shareholder or such Shareholder' s Guests or Apartment shall become due and payable as specified by the Board , but if no date is specified , then thirty (30) days after any notice of the amount due as such Rent, charge, fine, penalty or other amount shall have -23- been given by the Corporation to such Shareholder, and any such amount shall bear interest at a rate specified by the Board but in no event greater than the maximum amount permitted by law from the date due and payable until paid. 6 . 13 Delinquency. Any Rent, charge, fine or penalty provided for herein shall become delinquent if not paid on the due date as established by .the Board. With respect to each payment of Rent not made wiithin ten ( 10 ) days after its due date, the Board may , at its election, require the delinquent Shareholder to pay a late charge of not to exceed Ten Dollars ( $10 . 00 ) or five percent (5% ) of the amount of the delinquent sums , whichever is greater , together with interest at the maximum rate permitted by law on such delinquent sums , calculated from the date of delinquency to and including the date full payment is received by the Corporation. If any payment of Rent is not made within thirty ( 30 ) days after its due date , the Board may mail a notice to the Share- holder and to any First Mortgagee who has requested a copy of the notice. Such notice shall specify (1 ) the fact that the Rent is delinquent; ( 2 ) the action required to cure the default; ( 3 ) a date , not less than thirty ( 30 ) days from the date the notice is mailed to the Shareholder , by which such .default must be cured; and ( 4 ) that failure to cure the default on or before the date specified in the notice may result in sale of the Shareholder ' s Stock Cooperative Unit. The notice shall further inform the Shareholder of her , his or its right to cure and to bring a court action to assert the nonexistence of a default or any defense of the Shareholder to sale . If the delinquent Rent payment and any charges thereon are not paid in full on or before the date specified in the notice, the Board at its option may enforce the collection of the Rent and all charges thereon in any manner authorized by law and these By-Laws. 6 . 14 . Lien for Rent ; Notice of Delinquency . The Corporation may require each Shareholder , upon purchase of a Stock Cooperative Unit, to execute a Collateral Security Instru- ment. In the event that any payment of Rent, Special Assessment, charge, fine, penalty or other amount or any installment thereof or any interest accured thereon levied by the Corporation against any Shareholder and her , his or its Shares and appurtenant Propri- etary Lease as provided herein is delinquent, the Board may cause to be prepared , posted in the Project office and recorded in the Office of the Riverside County Recorder a Notice of Delinquent Payment reflecting any, such delinquent amount. Such Notice of Delinquent Payment shall state ( 1 ) the amount of such delinquent payment and other authorized charges and interest , including without limitation the cost of preparing such Notice of Delinquent Payment , ( 2 ) the expenses of collection in connection with any delinquent sums , including without limitation reasonable attorneys' fees, ( 3 ) a description of the Shares and appurtenant Apartment against which the same has been assessed , ( 4 ) the name -24- of the Shareholder who owns such Shares , and ( 5 ) the name and address of the Project . Such Notice of Delinquent Payment shall be signed by an authorized representative of the Corporation and a copy shall be delivered to the delinquent Shareholder and any First Mortgagee of such Shareholder who has requested such Notice . Upon payment to the Corporation of the full amount claimed in the Notice of Delinquent Payment , or other satis- faction thereof , the Board shall cause to be prepared and recorded a Notice of Satisfaction stating the satisfaction and release of such amount claimed . The Board may demand and receive from the affected Shareholder a reasonable charge for the preparation of such Notice of Satisfaction before recording the same . Any purchaser or encumbrancer , who has acted in good faith and extended value may rely upon such Notice of Satisfaction as conclusive evidence of the full . satisfaction of the sums stated in the Notice of Delinquent Payment. 6. 15 Liens, Enforcement. All sums assessed in accordance with the provisions hereof shall constitute a lien on the respec- tive Stock Cooperative Unit prior and superior to all other liens and any declaration of homestead , except ( 1 ) all taxes and other 'Levies which, by law, would ,be superior thereto, and ( 2 ) the lien or charge of any First Mortgage made in good faith and for value and recorded in the books and records of the Corporation prior to the date on which a Notice of Lien is recorded pursuant to Section 6 . 14 or a notice of default is recorded pursuant to any Collateral Security Instrument. Such lien shall relate only to the Stock Cooperative Unit against which the charge was levied and not to the Project as a whole . It shall be the duty of the Board to enforce the collection of any amounts due hereunder by one or more of the alternative means of relief afforded by law and herein. Such lien , and the lien of any Collateral Security Instrument may be enforced by sale of the Stock Cooperative Unit by the Corporation, its attorney or other person authorized by the Corporation to make the sale , after failure of the Shareholder to pay a charge as provided herein. Such sale shall be conducted in accordance with the provisions of the California Civil Code pertaining to the exercise of powers of sale in mortgages and deeds of trust , or in any other manner permitted by law . An action may be brought to foreclose the lien of the Corporation . by the Board or by any Shareholder if the Board fails or refuses to act, after expiration of at least thirty ( 30 ) days from the date on which the Notice of Delinquent Payment was recorded ; provided that at least the ten ( 10 ) days have expired since a copy of the Notice of Delinquent Payment was mailed to the defaulting Shareholder affected thereby. In any such foreclosure, the defaulting Shareholder shall be required to pay Declarant or a purchaser at such foreclosure a' reasonable rental for the Apartment appurtenant to such Shareholder ' s Shares from and after the date of sale until such Shareholder shall have vacated such Apartment; provided , however , that such Shareholder shall vacate such Apartment within ten ( 10 ) days after the date of such. -25- sale . In the event that such Apartment is not vacated , an action may be brought by the Corporation or the purchaser at such foreclosure in order to secure occupancy of such Apartment. The Corporation, through its agents, shall have the power to bid on the Stock Cooperative Unit at the foreclosure sale, and acquire, hold , lease , mortgage and convey the same . Upon completion of the sale , the defaulting Shareholder ' s Stock Cooperative Unit shall be transferred on the books and records of the Corporation to the purchaser at the sale , subject to any First Mortgage of record which remains outstanding . In the event the defaulting Shareholder fails to present her , his or its stock certificate for endorsement and transfer to the purchaser , the Corporation shall be authorized to cancel said defaulting Shareholder 's stock certificate and issue a replacement stock certificate to the purchaser ; provided ; however , that in the event any First Mortgage remains outstanding against the defaulting Shareholder ' s Stock Cooperative Unit , the replacement stock certificate shall be issued to the purchaser subject to such First Mortgage, and , at the request of such First Mortgagee , the original replacement stock certificate shall be transmitted ' directly to such First Mortgagee. 6 . 16 Estoppel Certificate. Upon payment of a reasonable fee and upon written request of any Shareholder , the Corporation shall furnish a written statement setting forth the amount of Rent, Special Assessments, charges, fines or penalties,_ if any , due or accrued and then unpaid with respect to the Shareholder, the Stock Cooperative Unit of such Shareholder and such Share- holder ' s Guests, and the amount of the Rent for the current fiscal period of the Corporation payable with respect to the Apartment appurtenant to the Shares owned by such Shareholder , which state- ment shall, with respect to the party to whom it is issued , be conclusive against the Corporation that no greater or other amounts were then due or accrued and unpaid . 6 . 17 Financial Statements. In addition to budgets , the Corporation shall distribute to Shareholders the following financial statements of the Corporation. ( a ) First 'Financial Statements . Within sixty ( 60 ) days after the last day of the month closest in time to six ( 6 ) months from the date of closing of the first sale of a Stock Cooperative Unit to a member of the public , an unaudited balance sheet as of the last day of such month, and an unaudited operating statement for the period from the date of such first 'sale to the last day of such month. Such operating statement shall include a schedule of Rent received and receivable , identified by Apartment numbers and the name of the person or entity assessed . ( b ) Annual Financial Statements .. Within ninety ( 90 ) days after the last day of each fiscal year , a balance -26- sheet as of the last day of such year and an operating statement for such year. Such financial statements need not be audited by 'an independent public accountant for any fiscal year for which the gross income to the Corporation is less than Seventy-Five Thousand Dollars ( $75 ,000 ) . 6 . 18 Inspection of Books and Records . The share register , books of account, and minutes of meetings of the Board and of committees of the Board , shall be made available for inspection and copying by any Shareholder , or by her or his duly appointed representative, at any reasonable time and for a purpose reasonably related to her or his interest as a Shareholder, at the office of the Corporation or at such other place within the Project as the Board shall prescribe. The Board shall establish reasonable rules with respect to notice to be given to the custodian of the records by the Shareholder desiring to make the inspection, hours and days of the week when such an inspection may be made, and payment of the cost of reproducing copies of documents requested by a Shareholder. 6 . 19 Rounding_of Rent. In computing the amount of Rent owed under each Proprietary Lease, the Board may use such techniques as it deems reasonable to round the Rent owed by each Shareholder to the nearest whole dollar , provided that said techniques are uniformly and consistently applied . 6 . 20 Distributions . The Shareholders shall not be entitled , either conditionally or unconditionally, except upon a complete or partial liquidation of the Corporation, to receive any distributions not out of earnings and profits of the Corporation. Article VII COMMITTEES 7 .01 Nominating Committee. The Board shall appoint a Nominating Committee which shall make nominations for election to the Board . Nominations may also be made from the floor at the annual meeting or special meeting as the case may be. The Nomi- nating Committee shall consist of two ( 2 ) members of the Board and one (1 ) Shareholder who is not a member of the Board . The Nomi- nating Committee shall be appointed by the Board prior to each annual meeting to serve from the close of such annual meeting until the close of the next annual meeting . The Nominating Committee shall make as many nominations for election to. the Board of Directors as it shall in its discretion determine, but no fewer than the number of vacancies that are to be filled . 7 .02 Other Committees. In addition , the Board shall appoint such other committees as it deems appropriate in carrying out the purposes of the corporation, which may include: -27- ( a) An Architectural Committee which shall advise the Board on all matters pertaining to regulating such matters as alterations to Apartments, use of balconies and patios , and window coverings; (b) A Recreational Committee which shall advise the Board of Directors on all matters pertaining to the recreational program and activities of the Corporation . and shall perform such other functions as the Corporation, in its discretion, determines; ( c ) A Maintenance Committee which shall advise ---------- ---------- the Board on all matters pertaining to the maintenance , repair or improvement of the Common Elements within the Project and shall perform such other functions as the Board , in its discretion, determines; (d ) A Publicity Committee which shall inform the Shareholders of all activities and functions of the Corpo- ration, and shall , after consulting with the Board , make such public releases and announcements as are in the best interests of the Corporation; and ( e ) A Finance Committee which shall supervise the annual audit of the Corporation ' s books and approve the annual budget and statement of income and expenditures to be presented to . the Shareholders at its annual meeting , as provided in these By-Laws. The Chief Financial Officer shall be an ex officio member of the Committee. 7 .03 Committee Responsibility. It shall be the duty of each committee to receive complaints from the Shareholders on any matter involving Corporation functions and duties within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Corporation as is further concerned with the matters presented . 7 . 04 Nondelegable Functions. The Board may not desig- nate to any Committee the following functions: ( a) the ability to determine the Rent required under the Proprietary Lease or to vary the terms of payment thereof as fixed by the Board; ( b) the approval of any action which, under the General Corporation Law of California, also requires Shareholders ' approval; (c) the filling of vacancies on the Board or in any committee; -28- I (d) the amendment or repeal of By-Laws or the adoption of new By-Laws; ( e) the amendment or repeal of any resolution of the Board which by its express terms is not so amendable or repealable; ( f ) the authorization of a distribution to the Share- holders, except at a rate or in a periodic amount or within a price range determined by the Board; or ( g ) the appointment of any other committees of the Board or the members of, such committees. Article VIII RULES AND REGULATIONS ; ENFORCEMENT 8 . 01 Authority_to Promulgate Rules and Regulations. The Board may from time to time adopt such rules and regulations as are consistent with and in furtherance of existing law and these By-Laws. Such rules and regulations shall be called the Rules and Regulations. 8 . 02 Fines and Penalties. The Board may adopt a list of specific fines and penalties for the, violation by any Share- holder or such Shareholder ' s Guests of the provisions of these By-Laws and the Rules and Regulations. Such fines and penalties shall be applicable to all Shareholders and their Guests and shall be a Special Assessment chargeable to each Shareholder and enforceable by the Corporation. Such a remedy shall not be deemed to be exclusive and the Board shall have such other remedies as are provided for by applicable law and the Rules and Regulations. 8 . 03 Procedural Safeguards. The Rules and Regulations promulgated pursuant to this Article shall provide that no fine or penalty shall be levied without the following procedural safeguards : ( a ) A written statement of the alleged violations shall be provided to any Shareholder against whom such charges are made and such written statement shall provide a date on which the charges shall be heard.; (b) No proceedings under this Article shall be brought against any Shareholder unless such Shareholder shall have received. a written statement of charges at least thirty ( 30 ) days prior to that hearing; 1 ( c.) No proceedings shall be brought against any Shareholder more than sixty ( 60 ) days after such Shareholder is provided a written statement of charges; -29- ( d ) The Board shall appoint a panel of three ( 3 ) capable persons (one of whom shall be designated a chair- person ) who may or may not be Shareholders and who shall hear the charges. and evaluate the evidence of the alleged violation; (e) At such hearing the Shareholder so charged shall have the right to present oral and written evidence and to confront and cross-examine adverse witnesses; ( f ) The panel shall deliver to the Shareholder so charged within seven ( 7 ) days after the hearing a written decision which specifies the fines or penalties levied, if any, and the reasons therefor. In the event that a Shareholder shall correct an alleged. violation prior to the hearing date , the Board of Directors shall discontinue the proceedings. ARTICLE IX RIGHTS OF MEMBERS 9. 01 Proprietary_Leases . The Board shall adopt a form of Proprietary Lease to be used by the Corporation for the leasing of all Apartments in the Project to Shareholders . Such Proprietary Leases shall be for such terms , with or without provisions for renewal , and shall contain such restrictions , . limitations and provisions with respect to the assignment thereof, the subletting of the Apartment demised thereby and the sale and/or transfer of Shares appurtenant thereto , and such other terms , provisions , conditions and covenants as the Board may determine, except the Proprietary Lease shall provide that any sums payable pursuant to Article VI of these By-Laws shall be considered Rent and that with respect to the approval of the assignment of a Proprietary Lease or the subletting of the Apartment demised thereunder, the standards employed by the Board shall be uniform and objective. After a Proprietary Lease in the form so adopted by the Board shall have been executed and delivered by the Corporation , all Proprietary Leases ( as distinct from the Rules and Regulations) subsequently executed and delivered, shall be in the same form, including such amendments as may be adopted pursuant to this Section 9 . 01, except with respect to the statement as to number of Shares owned by the Shareholder, and date of commencement of the term. The form of Proprietary Lease may not be amended unless approved by Shareholders owning at least sixty-six and two-thirds percent ( 66-2/3%) of the Shares; provided , however, that the form of Proprietary Lease shall contain provisions to comply with California Financial Code Sections 1236 and 7153 . 4 ( as from time to time amended) which permit certain commercial lenders to make. loans .on the security -30- of stock in a cooperative housing project and that amendments to comply with said Code sections may be made by the Board . 9 . 02 Voluntary Assignment. No Shareholder shall assign her or his Proprietary Lease or transfer the Shares which are appurtenant thereto to anyone other than a Person, and no such assignment or transfer shall take effect for any purposes unless and until the following conditions have been met: . ( a) An instrument of assignment of the Proprietary Lease , duly executed and acknowledged by the assigning Shareholder shall have been delivered to the Board ; ( b) An agreement by the Assignee assuming and agreeing to perform and comply with all the covenants and conditions of the Proprietary Lease to be performed by the Shareholder on and after the effective date of such assignment shall have been executed and acknowledged by the Assignee and delivered to the Board; ( c) All Shares which are appurtenant to the assigned Proprietary Lease shall have been presented to the Board with all necessary documents to enable the Board to transfer such Shares to the Assignee and to record such transfer on the books and records of the Corporation; (d ) All Rent and other sums due from the assigning Shareholder, together with a sum to be fixed by the Board to cover reasonable legal and other expenses of the Corporation in connection with the assignment of the Proprietary Lease and the transfer of the appurtenant Shares shall have been paid to the Corporation; and ( e) Consent to such assignment shall have been duly given by an instrument in writing which is to be signed by a duly authorized representative of the Board . Such consent shall not be unreasonably withheld. The standards employed in determining whether consent shall be given shall be uniform and objective. Such standards shall not, under any circumstances, include qualifications based upon race, creed, color , sex or national origin . No such consent shall be required in the case of ( i ) an assignment, transfer or bequest of a Proprietary Lease to a Shareholder ' s spouse or ( ii) if a Shareholder shall consist of a husband and wife, an assignment or . transfer by one of such individuals to the other or ( iii) an assignment to a revocable trust established for the benefit of the Shareholder . 9 . 03 Transfer to a Mortgagee. Endorsement and transfer of a Shareholder ' s Stock Cooperative Unit to a Mortgagee as security for an obligation shall be reflected as such on the books and records of the Corporation and any subsequent transfer of -3].- the Stock Cooperative Unit shall require an endorsement thereon by the Mortgagee as well as by the Mortgagor-Shareholder . Not- withstanding the foregoing , in the event of a Shareholder ' s default under a loan secured by a First Mortgage of record in such Shareholder ' s Stock Cooperative Unit, the First Mortgagee of such defaulting Shareholder shall have the right , without the prior consent or approval of the Corporation, to sell such Share- holder ' s Stock Cooperative Unit to a Person at a public or private sale and assign to such purchaser all rights to such Stock Cooperative Unit following at least thirty ( 30 ) days prior written notice to the defaulting Shareholder and the Corporation at their respective addresses at the Project. Upon written notification to the Corporation by the First Mortgagee of the completion of such sale , the transfer to such purchaser of the defaulting Share- holder ' s Stock Cooperative Unit shall be recorded in the books and records of the Corporation. 9 . 04 Subletting. A Shareholder shall have the right, from time to time , to sublet all , but not less than all , of her or his Apartment to any Person provided that such subtenant may occupy the Apartment only in conformance with the terms and conditions set forth in the Articles of incorporation , these By-Laws and the Proprietary Lease. Any subletting except as ' provided herein shall constitute an Event of Default under the terms of the Proprietary Lease. 9 . 05 Release of Shareholder Upon Assignment. After any • assignment has been made pursuant to Section 9 . 02 hereof , provided that all conditions set forth in such section have been fulfilled , the assigning Shareholder shall have no further liability for any of the obligations or covenants set forth in the assigned Proprietary Lease. 9 . 06 Limitations_on Assignment_and_Subletting . Anything to the contrary herein set forth notwithstanding , neither a Shareholder nor such Shareholder' s executor , administrator or personal representative , nor any trustee or receiver of the property of a representative, nor any trustee or receiver of the property of a Shareholder 'nor anyone to whom the interest of. a Shareholder shall pass by operation of law shall be entitled to assign a Proprietary Lease, to sublet or occupy an Apartment or any part thereof except upon compliance with the requirements of the Proprietary Lease or as otherwise set forth in these By-Laws. The restrictions on subletting and the occupancy of the Apartment and upon the assignment of a Proprietary Lease as herein set forth shall be a material condition and inducement for the granting of a Proprietary Lease to a Shareholder and any purported assignment in violation of this Article shall be void and of no force and effect and shall constitute a default by a Shareholder under the terms of her or his Proprietary Lease Likewise, any attempt by a Shareholder -32- to transfer her or his Proprietary Lease without a concurrent . transfer of the appurtenant Shares shall be void and of no force and effect. 9. 07 Issuance of Stock Certificate. All stock certi- ficates shall be signed in the name of the Corporation by the chairperson of the Board or the president or vice president and by the chief financial officer or an assistant treasurer or the secretary or any assistant secretary, certifying the number of Shares owned by the Shareholder. Any or all of the signatures on the certificate may be . facsimile. In case any officer, transfer agent, or registrar who has signed or whose facsimile signature has been placed on a certificate shall have ceased to be that officer, issued by the Corporation with the same effect as if that person were an officer, transfer agent, or registrar at the date of issue. Certificates shall be issued in consecutive order and there shall be recorded the name of the Person holding the Shares , the number of Shares and date of issuance . Each certificate exchanged or returned to the Corporation shall be cancelled and the date of cancellation shall be indicated thereon, and such certificate shall be retained in the corporate records. 9 . 08 Legend on Stock Certificates . Certificates representing shares of the Corporation shall bear a legend on the reverse side reading as follows : "The rights of any holder hereof are subject to the provisions of the By-Laws of a California corporation , and to all the terms, covenants, conditions and provisions of a certain Proprietary Lease between the person in whose name this certi- ficate is issued as Tenant, and , as Landlord, for an apartment in the premises known as , which , Proprietary Lease limits and restricts the title and rights of any transferee hereof. The shares represented by this certificate are transferable only as an entirety and only to an approved assignee of such Proprietary Lease. Copies of the Proprietary Lease and the By-Laws are on file and available for inspection at the office of The Directors of this Corporation may refuse to consent to the transfer of the shares represented by this certificate until any indebtedness of the . Shareholder to the Corporation is paid. The Corporation has a first lien on the shares represented by this certificate to secure all sums due and to become due under said Proprietary Lease pursuant to the Collateral Security Instrument executed by the holder hereof or her or his predecessor. " Such certificates shall have the following legend on their face: "SEE REVERSE FOR LEGEND RESTRICTING TRANSFER AND NOTICE OF LIEN IN FAVOR OF ISSUER. " 9 . 09 Transfers . Transfers of Shares shall be made upon the books and records of the Corporation only by the holder in person or by power of attorney , duly executed and filed with the secretary of the Corporation and on the surrender of the certificate of such Shares , except that Shares sold by the Corporation or its assignee to satisfy any lien which it holds -33- therein, may be transferred without the surrender of the certi- ficate representing such Shares, in which case the Corporation shall issue a new certificate representing those Shares. 9 . 10 Lost Certificates . Except as provided in this Section and Section 9 . 09 , no new certificate for Shares shall be issued to replace an old certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Board may, in case any share certificate is lost, stolen or destroyed , authorize the issuance of a replacement certificate on such terms and conditions as the Board may require , including provision for 'indemnification of the Corporation secured by a bond or other adequate security sufficient to protect the Corporation against any claim that may be made against it , including any expense or liability , on account of the alleged loss, theft, or destruction of the certificate or the issuance of the replacement certificate. 9 . 11 Collateral Security Instrument. In order to secure the obligations of each Shareholder under her or his Proprietary Lease, such Shareholder shall be required to grant to the Corporation a lien and security interest on all of the Shareholder ' s interest in her or his Apartment, her or his Proprietary Lease and her or his Shares pursuant to a Deed of Trust, Pledge Agreement, Assignment of Rents , and Security Agreement, all of which together constitute the Collateral Security Instrument to which reference is made herein, naming the Corporation as beneficiary , which agreement shall be recorded. in the Official Records of Riverside County. A financing statement evidencing the security agreement provisions of such document shall be filed with the California Secretary of State in Sacramento and the County Recorder for the County of Riverside and the Shares shall be delivered to A\.-1., as pledgeholder to evidence the pledge- of such Shares . In the event of any default by a Shareholder under her or his Proprietary Lease, and, in addition to any other remedies set forth in such Proprietary Lease , _ the Board or its assignee shall have the right to exercise any or all of the remedies set forth in the Collateral Security Instrument. ARTICLE X USE AND OTHER RESTRICTIONS 10 . 1 Residential Uses. , Each Apartment shall be used for residential purposes only. No Apartment shall be used at any time for business or commercial activity except that, subject to these By-Laws, the Proprietary Lease and the Rules and Regulations: a Shareholder may sublease the Apartment appurtenant to the Shares of such Shareholder for private residential , living or sleeping purposes, and Palm Desert Venture, Ltd . , or its nominee, may use one or more Apartments as a model or display unit, may . rent out -34- all Apartments appurtenant to Shares which it owns and may use a portion of the Project for a rental/sales office until all Stock. Cooperative Units owned by Palm Desert Venture, Ltd . are sold to members of the public. 10 . 02 Use of Common Elements. No Shareholder and no Shareholder ' s Guests shall obstruct, damage or commit waste to any of the Common Elements . No Shareholder and no Shareholder ' s Guests shall change , alter or repair , or store anything in or on any of the Common Elements without the prior written consent of the Corporation. All Common Elements shall be available for the use of all of the Shareholders, subject to the provisions of these By-Laws . and the Rules and Regulations. 10 . 03 No Imperiling of Insurance or First Deed of Trust. No Shareholder and no Shareholder ' s Guests shall do anything or cause anything to be kept in or on the Project that might result in an increase in the insurance premiums of insurance obtained for the Project or that might cause cancellation of such insurance or that might lead to acceleration of the. note . secured by the First Deed of Trust. 10 . 04 No Violation of Law_. No Shareholder and no Shareholder ' s Guests shall do anything or keep anything in or on the Project that would be in violation of any statute , rule , ordinance , regulation, permit or other validity imposed require- ment of any governmental body. 10 . 05 No Noxious , Offensive , Hazardous_or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Project nor shall anything be done or placed on or in any part of the Project that is or may become a nuisance or cause embarassment, disturbance or annoyance to others. No activity shall be conducted , and no improvement shall be made or constructed , on any part of the Project that is or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Project that is unreasonably loud or annoying_ to others. . No odor shall be emitted on any part of the Project that is noxious or offensive to others. No light shall be emitted from any part of the Project that is unreasonably bright or causes unreasonable glare. Determinations with respect to whether or not a - particular activity or occurrence shall constitute a violation of this Section 10 . 05 shall be made by the. Board and shall be final . 10 . 06 No_Unsightliness . No unsightliness shall be permitted on or in any part of the Project. Without limiting the generality of the foregoing , nothing shall be kept or stored on or in any of the Common Elements, and nothing shall be hung or placed upon any of the Common Elements, placed on or in windows or doors of Apartments that would or might create an . unsightly appearance . Determinations with respect to whether or not a -35- particular activity or occurrence shall constitute a violation of this Section 10 . 06 shall be made by the Board and shall be final . 10 . 07 Restriction on Signs. No signs or advertising devices of any nature shall be erected or maintained on any part of the Project , except signs in or on an Apartment of a ' customary and reasonable dimension, advertising the sale of a Stock Cooperative Unit, without the prior written consent of the Corporation. The Corporation shall , from time to time determine what constitutes a "reasonable dimension, " and shall' from time to time , designate a location within the Project where all such signs must be located. The Corporation shall permit the placing of no more than two signs of reasonable size and dignified form to identify the Project and the Apartments therein, and reasonable and dignified signs identifying particular parts of the Common Elements or identifying recreational facilities available for use by Shareholders and their Guests . The Corporation shall also permit the placing of any sign required to be placed on the Project by any governmental body. Nothing contained herein shall prohibit or restrict in any way Palm Desert Venture, Ltd . ' s right to construct such promotional signs or other sales 'aids on or - about any portion of the Project that it shall deem reasonably necessary in connection with its sale of Stock Cooperative Units. 10 . 08 Antennae. No exterior radio, television or other type of antenna shall, without the prior written consent of the Corporation, be erected or maintained on the roof or exterior of , any Building . A master antenna or cable television antenna or antennae may , but need not, be provided for use by all Share- holders, and the Corporation may grant easements for such purposes. 10 . 09 Shareholder Caused Damage. If, due to the act or neglect of a Shareholder or such Shareholder ' s Guests, loss or damage shall be caused to any person or property, including the Project or any Apartment therein, such Shareholder shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Corporation and the insurer has waived its rights of subrogation against such Shareholder . The amount of such loss or damage may be collected by the Corporation from such Shareholder , and such amount shall be secured by the Collateral Security Instrument executed by such Shareholder . 10 . 11 Restriction on Animals. No live animals, reptiles, birds or insects shall be kept on any part of the Project. ARTICLE XI ' MAINTENANCE, SERVICES AND UTILITIES 11 . 1 Maintenance of Common Elements. The Corporation shall maintain and repair all Common Elements. Such work shall. -36- include regular janitorial services, exterior window washing , landscaping and routine and major repairs and maintenance. The Corporation shall be responsible for the replacement of any broken windows in the Common Elements and for the cleaning of all windows in the Common Elements and the exterior of all windows in the Project. The standard for maintenance shall be as established from time to time by the Board. 11 . 02 Maintenance and Repair of Apartments . . Unless otherwise approved by the Board , each Shareholder shall maintain and repair her or his Apartment and every part thereof including, without limiting the generality of the foregoing , all plumbing , heating , ventilating , electrical" and lighting fixtures and equipment within her or his . Apartment, all appliances, fixtures, interior walls and interior surface of exterior walls, ceilings , floors and floor coverings , windows, doors and entrances of her or his Apartment. Each Shareholder shall be responsible for the replacement of broken windows in her or his Apartment. Each Apartment and all improvements, fixtures, furniture and equipment therein shall be kept and maintained by the Tenant thereof in a clean, safe, attractive and sightly condition and in good repair . No structural alterations within any Apartment shall be made and no electrical , plumbing or similar work within any Apartment shall be done without the prior written consent of the Corporation. 11.03 Utilities. ( a) The Corporation shall provide and pay for lighting , heating , air conditioning, water and other utility services to the Common Elements. (b) The Corporation shall provide and pay for normal municipal water service to each Apartment as well as a circulating water system to the air conditioning unit in each Apartment. ( c ) Each Shareholder shall be responsible for the payment of electric service to such Shareholder ' s Apartment, including electricity to the heating and air conditioning unit within such Apartment. (d ) The Corporation shall maintain a television antenna system for use by all Shareholders. 11 . 04 Modification .of Services . The Board shall be responsible for establishing the scope and quality of the services required to be provided pursuant to the Proprietary Leases. Notwithstanding the foregoing , none of the services specifically required to be provided, as set forth in this Article, shall be abated or terminated unless the decision to abate o,r terminate such services shall have been approved by holders of at least sixty-six and two-thirds percent ( 66-2/3% ) of the Shares. -37- ARTICLE XII INSURANCE 12. 01 Insurance Requirements Generally. The Corporation shall obtain and maintain in full force and effect at all times certain fire , liability and other insurance as hereinafter provided. All such insurance shall be obtained, to the extent possible , from responsible companies duly authorized to do insurance business in the State of California; shall name .as insureds the Corporation, the Board, the Corporation' s officers, employees and agents, and , if practicable , the Shareholders; and shall protect each of the insureds as if each were separately insured. under separate policies . 'Certificates of insurance coverage or copies of insurance policies shall be issued to each Shareholder and each First Mortgagee who makes written request to the Corporation for any such certificate or copy of an insurance policy. Any insurance policy may contain such deductible provisions as the Board deems consistent with good business practice. 12. 02 Fire Insurance. The Corporation shall obtain and - maintain fire insurance covering loss or damage to the Project and each Apartment by fire and .such other hazards as are covered under standard extended coverage policies, with vandalism and malicious mischief endorsements and, if available and if deemed appropriate by the Corporation, all risk endorsements for the full insurable replacement cost of the Project, including each Apartment. At the option of the Corporation such insurance may also cover additions, alterations or improvements to an Apartment made by a Shareholder if the Shareholder reimburses the Corporation for any additional premiums attributable to such coverage. The Corporation shall not be obligated to apply any insurance proceeds to restore an Apartment to a condition better than the conditions existing prior to the making of additions , alterations or improvements by a Shareholder in the absence of insurance covering such additions, alterations or improvements as aforesaid. The Corporation shall obtain an independent appraisal of the value of the Project every three (3 ) years for the purpose of determining the amounts of insurance that may be desirable ; provided , however , that said appraisal may be performed by an appraiser employed by an insurance company. To the extent possible , such fire insurance shall : ( i ) provide for a waiver of subrogation by the insurer as to claims against the Corporation, its directors, officers, employees and agents, and against each Shareholder and each Shareholder ' s employees and Guests ; ( ii ) provide ' that the insurance cannot be cancelled , invalidated or suspended on account of the conduct of the Corporation, its officers , directors , employees and agents or of any Shareholder or such Shareholder ' s employees and Guests ; ( iii ) provide that any "no other insurance" clause in -38- the insurance policy shall exclude any policies of insurance maintained by any Shareholder or First Mortgagee and that the insurance policy shall not be brought into contribution with insurance maintained by any Shareholder or First Mortgagee; ( iv) contain a standard mortgage clause endorsement in favor of the First Mortgagee of any Stock Cooperative Unit or any part of the Project who is covered by other and separate insurance; ( v ) provide that the policy of insurance shall not be terminated , cancelled or substantially modified without at least twenty ( 20 ) days ' prior written notice to the Corporation and to each First Mortgagee covered by any standard mortgage clause endorsement; and ( vi ). provide that the insurer shall not have any right to restore the premises, and , in the event the Project is not restored , that the insurer shall not have any right to pay under the insurance an amount less than the replacement value of the Project or the fair market value thereof. 12 . 03 Public Liability and Property Damage Insurance. The Corporation shall obtain and maintain comprehensive public liability and property damage insurance covering bodily injury, property damage liability and automobile bodily injury and .property damage liability of the Corproation , its officers , directors, employees and agents and of each Shareholder and each Shareholder ' s employees and Guests, arising in connection with ownership, operation, maintenance , occupancy or use of the Project or of any Apartment in the Project, with limits of not less than $1 , 000 , 000 for each occurrence involving bodily injury liability and/or property damage liability . To the extent possible , public liability and property damage insurance shall provide for coverage of any cross liability claims of Shareholders against the Corporation or other Shareholders and of the Corporation against Shareholders without right of subrogation. 12 . 04 Worker 's Compensation and Employer ' s Liability Insurance. The Corporation shall obtain and maintain worker ' s compensation and employer ' s liability insurance as may be necessary to comply with applicable laws. 12 . 05 Insurance by_Shareholders . Each Shareholder shall be responsible for obtaining insurance such Shareholder deems desirable, including , without limitation, fire insurance covering furnishings and personal property belonging to such Shareholder and insurance covering personal liability of such Shareholder and such Shareholder ' s employees and Guests . Any. insurance policy obtained by a Shareholder shall not diminish or adversely affect or invalidate any insurance or insurance recovery under policies carried by the Corporation and shall , to 'the extent possible, contain a waiver of the right of subrogation by the insurer as to any claim against the Corporation, its officers, directors, agents, and employees and against other Shareholders and their employees and Guests. A copy of any insurance policy -39- obtained by a Shareholder shall be furnished to the Corporation upon request of the Corporation. 12. 06 Receipt and Application of Insurance Proceeds. Except as some particular person has a legal right to receive insurance proceeds directly , all insurance proceeds and recoveries shall be paid to and received by the Corporation. All insurance proceeds or. recoveries received by the Corporation shall be applied by the Corporation: first, as expressly provided else- where in these ay-Laws; second, to the Shareholders or persons that the Corporation determines are legally or equitably entitled thereto; and third, the balance, if any, to the Shareholders in proportion to their respective percentages as shown on Exhibit E hereto. 12. 07 Other Insurance by the Corporation. The Corpora- tion shall have the power or authority to obtain and maintain other and additional insurance coverage, including , without limitation, fire insurance covering personal property of the Corporation, fidelity bonds or insurance covering employees and agents of the Corporation and insurance indemnifying officers , directors , employees and agents of the Corporation. 12. 08 Payment of Premiums. The cost and expense of all insurance obtained by the Corporation, except insurance covering additions , alterations or improvements made to an Apartment by a Tenant or other insurance obtained at the request of and .specifi- cally benefiting any particular Tenant, shall be an expense of the Corporation. In the event that, as a consequence of the hazardous use of any Apartment, or of any Tenant-installed improvements to any Apartment, the premiums of any policy of insurance purchased by the Corporation are increased or a special .policy is required, the cost of such increase or, specific policy shall be payable by the Tenant of such Apartment. ARTICLE XIII RESTORATION OR SALE OF THE PROJECT 13. 01 Certain Definitions. As used in this Article XIII , the following terms shall have the following definitions : (a) Available Funds. "Available Funds" shall mean any proceeds of insurance or condemnation awards or payments in lieu of condemnation and any uncommitted income or funds of the Corporation including funds from the Capital Replacement Reserve Fund. Available Funds shall not include that portion of insurance proceeds legally required to be paid to any party other than the Corporation, including a Mortgagee , or that portion of any condemnation award or payment in lieu of condemnation payable to any Shareholder. -40- (b) Estimated Costs of Restoration. "Estimated Costs of Restoration" of the Project shall mean the estimated costs of Restoration as determined by the Board. ( c) Restoration. "Restoration" of the Project shall mean : in the case of any damage or destruction , restoration of the Project to a condition the same or substantially the same as the condition in which it existed prior to the damage or destruction; in the case of condem- nation, restoration of the remaining portion of the Project to an attractive, sound and desirable condition; and in the case of obsolescence , restoration of the .Project to an attractive , sound and desirable condition. (d ) Restored Value . "Restored Value " of the / Project shall mean the value of the Project after Restoration as determined by the Board. ( e ) Substantial and Partial Condemnation . ----------------------- ------ ---- "Substantial Condemnation" shall exist whenever a complete taking of the Project has occurred, or a taking of part of the Project under eminent domain or by grant or conveyance in lieu of condemnation has occurred , and the excess of the Estimated Costs of Restoration of the Project over Available Funds is fifty percent ( 50% ) or more of the estimated Restored Value of the Project. "Partial Condemna- tion" shall mean any other such taking by eminent domain or .grant or conveyance in lieu of eminent domain. ( f ) Substantial and Partial Destruction. ------------ ------------ - ------- "Substantial Destruction" shall exist whenever , as a result of any damage or destruction to the Project or any part thereof, the excess of Estimated Costs of Restoration of the Project over Available Funds is fifty percent ( 50% ) or more of the estimated Restored Value of the Project. "Partial Destruction" shall mean any other damage or destruction of the Project or any part thereof. ( g ) Substantial_and Partial Obsolescence . "Substantial Obsolescence" shall exist whenever the Project or any part thereof has reached such a state of obsolescence or disrepair that the excess of Estimated Costs of Restoration of the Project over Available Funds is fifty percent ( 50% ) or more of the estimated Restored Value of the Project . "Partial . Obsolescence" shall mean any state of obsolescence or disrepair that does not constitute Substantial Obsolescence. 13 . 02 Determination by the Board. Upon the occurrence of any damage or destruction to the Project or any part thereof, or upon a complete or partial taking of the Project under eminent domain or by grant or conveyance in lieu of condemnation , the Board shall make a determination as to whether the excess of -41- Estimated Costs of Restoration of the Project over Available Funds is fifty percent (50% ) or more of the estimated Restored Value of the Project. In addition, the Board shall, from time to time , review the condition of the Project to determine whether Substantial Obsolescence exists. 13 . 03 Restoration of the Project . Restoration of the Project shall be undertaken by the Corporation without a vote of the Shareholders in the event of Partial Destruction , Partial Condemnation or Partial Obsolescence, but in the event of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence shall be undertaken only with the consent of the Shareholders holding seventy-five percent ( 75% ) or more of the voting power of the Corporation and the unanimous consent of all First Mortagees. In the event any insurance proceeds actually received exceed the cost of Restoration when such Restoration is undertaken pursuant to this Article, the excess shall be paid and distributed to all of the Shareholders according to their respective percentages as shown on Exhibit E hereto. 13 . 04 Sale of the Project. The Project shall be sold in the event of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence unless consent to Restoration has been obtained from Shareholders holding seventy-five percent (75% ) or more of the voting power of the Corporation and the unanimous consent of all First Mortgagees have been obtained . In the event of such sale , cooperative apartment use of the Project shall terminate and the proceeds of sale and any insurance proceeds, condemnation awards or payments in lieu of condemnation shall be distributed by the Corporation to each Shareholder in accordance with her , his or its percentage interest as set forth on Exhibit E hereto. Payments to be made to Shareholders hereunder shall be made jointly to Mortgagees where appropriate. 13 .05 Authority of the Corporation to Restore or Sell . The Corporation, as attorney-in-fact for each Shareholder , shall have full power and authority to restore or to sell the Project and each Apartment in the Project whenever Restoration or sale, as the case may be, is undertaken as provided in this Article XIII . Such authority shall include the right and power to enter into any contracts, deeds or other instruments that may be necessary or appropriate for Restoration or sale, as the case may be. 13 . 06 Payment of Proceeds. All insurance proceeds or proceeds of sale shall be paid to the Corporation, as trustee for all of the Shareholders and Mortgagees, as the interests of such Shareholders and such Mortgagees may appear , subject to the obligation of the Corporation to restore the Project as provided herein. 13 . 07 Special Assessments for Restoration. Whenever Restoration is to be undertaken , the Corporation may levy and -42- collect assessments from each Shareholder according to the percentages set forth on Exhibit E hereto , payable over such period as the Corporation may determine, to cover the costs and expenses of Restoration to the extent not covered by Available Funds. Such special assessments shall be secured by a Collateral Security Instrument as in the case of Rent. Notwithstanding any other provisions herein to the contrary , in the case of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence, any such special assessment shall not be a personal obligation of any Shareholder who did not consent to Restoration, but, if not paid , may be recovered only by foreclosure of the lien against the Stock Cooperative Unit owned by such Shareholder . 13 . 08 Receipt and Application of Condemnation Funds. All compensation, damages or other proceeds constituting awards for a complete taking of the Project or a taking of part of the Project under eminent domain or by grant or conveyance in lieu of condemnation shall be payable to the Corporation. The amount thereof allocable to compensation for the taking of or injury to the improvements made to an Apartment by the Tenant thereof or for any personal property of the Tenant contained in such Apartment shall be apportioned to the Tenant of such Apartment. The balance of the award shall be applied to costs and expenses of . Restoration, if undertaken, and , to the extent not so applied., shall be allocated as follows: first, any portion of the award allocable to the taking of or injury to the Common Elements shall be apportioned among all Shareholders in proportion to the percentages set forth on Exhibit E hereto; second , the amounts allocable to severance damages shall be apportioned to Tenants whose Apartments were not taken or condemned, or that were not fully taken or condemned , in proportion to their respective percentages as adjusted in accordance with Section 13 . 09 ; and third , the amounts allocated to consequential damages or for other purposes shall be apportioned as the Board determines to be equitable under the circumstances. 13. 09 Reorganization in the Event of Condemnation. In the event all of any Apartment is taken in condemnation, such Apartment shall cease to be part of the Project, the Tenant thereof shall cease to be a Shareholder and the shares of such Shareholder shall automatically be cancelled and the percentages set forth on Exhibit E hereto shall be adjusted to reflect such cancellation. ARTICLE XIV MISCELLANEOUS 14 . 01 Maintenance and Inspection of .Share Register . (a) The Corporation shall keep at its principal executive office, or at the office of its transfer agent or -43- 3 registrar , if either be appointed and as determined by resolution of the Board, a record of its Shareholders, giving the names and addresses of all Shareholders and the number of shares held by each Shareholder . .( b) A Shareholder or Shareholders of the Corpora- tion may ( i ) inspect and copy the records of Shareholders ' names and addresses and shareholdings during usual business hours on five ( 5 ) days prior written demand on the Corpora- tion , and ( ii ) obtain from the transfer agent of the Corporation , on written demand and on the tender of such transfer agent ' s usual charges for such list, a list of the Shareholders ' names and addresses, who are entitled to vote for the election of directors, and their Shares, as of the most recent record date for which that list has been compiled or as of a date specified by the Shareholder after the date of demand . This list shall be made available to any such Shareholder by the transfer agent on or . before the later of five ( 5 ) days after the demand is received or the date specified in the demand as the date as of which the list is to be compiled. The record of Shareholders shall also be open to inspection on the written demand of any Shareholder at any time during usual business hours , for a purpose reasonably related to the Shareholder ' s interests as a Shareholder . Any inspection and copying under this Section may be made in person or by an agent or attorney of the Shareholder . 14 . 02 Maintenance and Inspection_of Other Corporate Books and Records. The accounting books and records and minutes of proceedings cf the Shareholders and the Board and any committee or committees of the Board shall be kept at such place or places designated by the Board , or , in the absence of such designation, at the principal executive office of the Corporation. The minutes shall be kept in written, form and the accounting books and records shall be kept either in written form or in any other form capable of being converted into written form. The minutes and accounting books and records shall be open to inspection upon the written demand of any Shareholder , at any reasonable time during usual business hours, for a purpose reasonably related to the Share- holder ' s interests as a Shareholder . The inspection may be made in person or by an agent or attorney , and shall .include the right to copy and make extracts. 14 . 03 Inspection By Directors. Every Director shall have the absolute right at any reasonable time to inspect all books , records , and documents of every kind and the physical properties of the Corporation and each, of its subsidiary corpora- tions . This inspection by a Director may be made in person or by an agent or attorney and the right of inspection includes the right to copy and make extracts of documents. -44- 14 . 04 Annual Statement of General Information . The Corporation shall , during the period commencing on March 1st and ending on August 31st in each year , file with the Secretary of State of the State of California , on the prescribed form, a statement setting forth the authorized number of directors, the names and complete business or residence addresses of all incum- bent directors , the names and complete business or residence : addresses of the chief executive officer , secretary, and chief financial officer , the street address of its principal executive office or principal business office in this state , and the general type of business constituting the principal business activity of the Corporation, . together with a designation of the agent of the Corporation for the purpose of service of process, all in compliance with Section 1502 of the Corporations Code of California, as from time to time amended.. 14 . 05 Checks, Drafts and Notes. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness issued in the name of or payable to the Corporation shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of . the Board. 14 . 06 Execution of Documents . The Board , except as these By-Laws or the Articles of Incorporation otherwise provide, may authorize any officer or officers , or agent or agents , to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances ; and unless so authorized by the Board, no officer , agent, or employee shall have any power or authority to bind the Corporation by any contract or agreement or to pledge its credit to render it liable for any purpose or to any amount. 14 . 07 Representation of Shares of Other Corporations. The President or any Vice-President and the Secretary or Assistant Secretary of this Corporation are authorized to vote, represent and exercise on behalf of this Corporation all rights incident to any and all shares of any other corporation or corporations standing in the name of this Corporation. The authority herein granted to said officers to vote or represent on behalf of this Corporation or such corporations may be exercised either by such officers in person or by any person authorized so to do by proxy or power of attorney duly executed by said officers. 14 . 08 Inspection_of_By-Laws. The Corporation shall keep in its principal executive office, the original or a copy of the By-Laws as amended to date, which 'shall be open to inspection by the Shareholders at all reasonable times during office hours. 14 . 09 Indemnification. Subject to the conditions and qualifications set forth in the California General Corporation -45- Y i Law, the Corporation shall indemnify any person .who was or is a party or is threatened to be made a party to any threatened , pending or completed action by or in the right of the Corporation to procure a judgment in its favor by reason of the fact that such person is or was a director or officer of the Corporation, or is or was serving at the request of the Corporation as a director or officer of another foreign or domestic corporation, partnership, joint venture , trust or other enterprise , against expenses , including attorneys ' fees , actually and reasonably incurred by such person in connection with the defense or settlement of such action , if such person acted in good faith , in a manner such person believed to be in the best interests of the Corpora- tion, and with such care , including reasonable inquiry , as an ordinarily prudent person in a like position would use under similar circumstances. Subject to the conditions and qualifications set forth in the California General Corporation Law , the Corporation shall also indemnify any person who was or is a party or is threatened to be made a party to any proceeding, whether threatened, pending or completed , and whether civil , criminal , administrative or . investigative , other than an action by or in the right of the Corporation, by reason of the fact that such person is or was a director or officer of the Corporation, or is or was serving at the request of the Corporation as a director or officer of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, against expenses ( including attorneys ' fees) , judgments , fines , settlements and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Corporation and , in the case of a criminal proceeding , had no reasonable cause to believe the conduct of such person was unlawful. Nothing in this Section 14 . 09 is intended to limit , prohibit, deny or abrogate any of the powers or rights conferred under the California General Corporation Laws upon the Corporation and its members, directors, officers and other agents, including any power of the Corporation to indemnify any such persons and any rights of any such persons to indemnification. 14 . 10 Record 'Date. The Board shall have the power to fix in advance a date as a record date for the purpose of deter- mining Shareholders entitled to notice of or to vote at any meeting or to be furnished with any budget or other information or material , or in order to make a determination of Shareholders for any purpose. Notwithstanding any provisions hereof to the con- trary, the Shareholders of record on any such record date shall be deemed the Shareholders for such notice, vote, meeting , furnishing of information or material or other purpose and for any supplemen- tary notice, or information or material with respect to the same matter and for any adjournment of the same meeting . A record date -46- shall not be more than sixty ( 60 ) days nor less than ten (10 ) days prior to the date on which the particular action requiring deter- mination of Shareholders is proposed or expected to be taken or to occur . 14 . 11 Amendments. Except as specifically set forth in the Articles of Incorporation or these By-Laws to the contrary , new by-laws may be adopted or these By-Laws may be amended or repealed by the affirmative vote or written consent of holders of a majority of the shares of the Corporation, provided, however , that an amendment or repeal ,of Articles _ of the By-Laws shall require of the vote or written consent of holders of sixty-six and two-thirds percent ( 66-2/3% ) of the shares. -47- n fl 0,0 k o v4-rnt J CQ 2r� uq,� /IPn n.Y W-LW� 1 ARTICLES OF INCORPORATION OF a California corporation I The name of this corporation is II The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business , the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code . III This corporation is authorized to issue only one (1) class of shares of stock; and the total number of shares which this corporation is authorized to issue is ten million (10 , 000, 000) . IV Any amendment of Articles of the By-laws of the corporation and any amendment of' this Article IV requires the approval of the holders of sixty-six and two-thirds percent (66-2/3%) of the outstanding shares. Said corporation has issued no shares . AND % RACQUET COURTYARD VILLAS t ' '\\ oe esnO, wrs \ es+Nnn.lxt ENOS ENTIRE µOegON@!M5 , t 1 e Z e°ONr ,.-�• \!\, ,,e,a, !,�\', CLUB pan= C°'10a®ZPs o C41OmnAffOIPIR m Z 5 I 11 /�/ NOItiH :T V •VA / �FVA ♦�\\A SCALE Z ACT SOT 2 ./ -_� 1 \' \ `` `\ PROPOSED MASTERMODEFICATN AN APRg I��1p7] } 1� EXISTING,''\\•�'�� \, �' > MASTER PIAN SUBIECT T AN AND W EN,Rv ` TENNIS COURTS\\\' \ \` �; �:�\ DEVELOPER roNOT OBLIGATED TO BUILD FUTURE J "^T. or PAY ctu fPPROXMATE,\ CLUB,,•t1REA' \ Lp1- . , FAXING Lzorrarura_sGw \' �� ` •,.`�'� ) '� _', �—__., ,, � '1 IMRI ° I7A tel tti" CL H J�O /� I -_„•I - De a ENNIUSF at w / -,, 1 i CO VILLAS : .. , TKPtct f11,1NE E R1M5 "11iERE, . 1.eT 1 cH CRE \O'I' 3 'n vT 2 �377�1 IEYy�ZI I.N EtI l,. 1• ,1 TEN,rIs.Eax • STORY CENTRE COURT (ere \ /N QiN 1 _C,QdDOMlldll7ivi5^ 't _ r TEMI rRAcT •o-r 1 CO �I nn I Cr`o�aE • ]M TJ Al a tN �, ni 1 !i' II 1 O _ lY �IL TO O NFERENC I11 N RAe S4. Well CENTER IBIEUON 1 IFS 1 v WEST oT y ieT 'I ncN I S'• � _ _— ' xl. IAMN DIVE cower aD IkR%J \IDO INL.{N15 �� FFINIf /� fLLI Hf C(Yi%MtS, I O M `\ t ANIU wfT_-� d 1 Craig A. Clements — }" x 1029 Armstrong Cir. Anaheim, Ca. 92807 627-371-009-7 Nf- '. Michael B. Lawler 8235 Rees Fanchon M. Lehrer playa del Re c/o John IV. Lemmer b4 ' 5 Ca. 90291 4201 To y i,, 627-371-007-5 panga Canyon Blvd.#112 Woodland Hills 627-371-010-7 - Robert E. Baker 19215 Charles St. Marvin L. Sobel 9200 I4. Ol Tarzana, Calif. 91356 ymPic Blvd. #104 Beverly Hills, Ca. 9021 627-371-008-6" dt 627-371-011-8 4 l ' 1I1 I' I1 ~ , 1 Eric W. Eklund Edward M. Gesley 16071 Hilton Lane 428 Weleber St. Huntington Beach, Ca. 92741 Oregon City, Or. 97045 627-431-008-1 627-432-001-7 Donald A. Hubner Elizabeth M. Smyth P.O. Box 1280 4234 Crest Avenue Basalt, Co. 81621 Santa Barbara, Ca. 93110 627-431-009-2 627-432-002-8 I Fritz B. Hax Robert J. Kremple 727 W. 7th St. #1155 23440 Civic Center Wy #106 Los Angeles, Ca. 90017 Malibu, Ca. 90065 627-431-010-2 627-432-003-9 I; Harold F. Uplinger George H. Burr 6772 Daryn Ur. 146 Beechwood Dr. Westhills, Ca. 91307 Los Angeles, Ca. 90004 627-431-0014 627-431-004-7 p',x4h Jonathan-Becker Jonathan B. Po 2891 Caminito Merion 68 Portugese Bend Rd. La Jolla, Ca. 92037 Rolling Hills, Ca. 90274 '627-431-002-5 627-431-006-9 1 - Michael B. Lawler John H. Lentz -� r 8235 Rees St. c/o J B Crowell Playa del Rey, Ca. 90291 1371 Treasure Lane 627-431-003-6 Santa Ana, Ca. 92705 627-431-007-0 Duane L. Fletcher Anna C. Martella 73855 Shadow Mountain Dr. 73752 Shadow Lake Dr. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 1 627-341-006-1 627-341-009-4 Philip B. Jefferson Press $ Press Co. Inc. _ P.O. Drawer J 36135 Cathedral Canyon Dr. Del Mar, Ca. 92014 Cathedral City, Ca. 92234 627-341-007-2 627-341-010-4 627-341-008-3 Helen F. Huntington P.O. Box 701 Palm Desert, Ca. 92261 627-341-011-5 I q i, 0-LiO-Tb4-LZ9 69006 -PO `sala8uy Sol •pAIS S4H luaasaa0 'N 9Z6T aolsEd y Caoe�y Richard Harrington William J. Hoskins 1338 Avenida de Cortez 1799 Tanager Dr Pacific Palisades, Ca. 90272 Costa Mesa, Calif. 92626 627-371-019-6 627-371-022-8 Arthur Dyke Edgar J. Diener 5230 Yarmouth No 104 629 Gloria Road Encino, Cal 91316 Arcadia, Ca. 91006 627-371-020-6 627-371-023-9 Donald Snyder Albert S. Farha 1662 Prospect 11901 Sunset Blvd. #220 Highland Park, I1 . 60025 Los Angeles, Ca. 90049 627-371-021-7 627-371-024-0 Philip Norton Jr. Jack Allford 1621 Amalfi Dr. 1000 Chancery Hall Pacific Palisades, Ca. 90272 Edmonton, Alberta Can 627-371-012-9 i 627-371-016-3 Gustave Simons Michael Wishengrad 73850 Fairway Dr. 16864 Oak View Dr. Palm Desert, Ca: 92260 Encino, Ca. 91436 627-371-013-0 627-371-017-4 -c-= = > _-=•-• -- :._� _ David L. Cohn Bruce Benz 7720 S. E. 27th I 48 Eagle Crest Dr. #4C - "" '- -"-- - -- Mercer Island, Wa. 98040 I Lake Oswego, Oregon 97034 627-371-014-1 i 627-371-018-5 Fred B. Hartley ( Ted R. Lennon P.O. Box 701 73745 Shadow Lake Dr. Rancho Mirage, Ca. 92270 Palm Desert, Ca. 92260 627-341-014-8 627-342-001-9 Fred B. Hartley Donald E. Slaughter %� 73880 Shadow Lake Dr. 47376 Ave. Jadida Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 627-341-'014-8 j 627-342-003-1 Ted R. Lennon Il E. L. Hemming 73-850 Fairway Dr. 4143 Hillsdale Rd. Palm Desert, Ca. 92260 San Diego, Ca. 92116 - 627-342-001-9 627-342-004-2 Robert B. Compton Evelyn M. Sieman 74399 Hwy 111 #F 73271 Buckboard Trail Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 627-351-001-7 627-351-006-2 Vee N. Vandelden Frances A. Waggener P.O. Box 187 P.O. Box 361 Rancho Mirage, Ca. 92270 Palm Desert, Ca. 92261 627-351-003-9 627-3S1-010-5 A Stanley B. Thorp Rollin Huntoon 73955 Shadow Mountain Dr. 45731 Portola Ave. Palm Desert, Ca. 92260 Palip Desert, Ca. 92260 627-3S1-005-1 627-351-011-6 Elma A. White Philip A. Merrill 9000 Cynthia St. Apt. 306 73793 Shadow Mountain Dr. ' Los Angeles, Ca. 90069 ` Palm Desert, Ca. 92260 627-341-001-6 627-341-002-7 627-341-003-8 Elma A. White Clyde L. Ernst 73721 Shadow Mountain Dr. 73837 Shadow Mountain Dr. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 627-341-001-6 1627-341-004-9 _ 627-341-005-0 Philip A. Merrill iDuane L. Fletcher DBA Aladdin Lodge P.O. Box 982 316 Bandera Street Palm Desert, Ca. 92260 627-341-006-1 La Jolla, Ca. 92037 627-341-002-7 627-341-003-8 John R. Hilton Warren Finley 1429 Amalfi Dr. 10352 Miralago P1 Pacific Palisades, Ca. 90272 Santa Ana, Ca. 9270S 627-371-025-1 627-371-028-4 John Begley Richard R. Woodard 660 Wendt Ter 1820 Park Newport Apt 412 Laguna Beach, Ca. 92651 Newport Beach, Ca. 92660 627-371-026-2 627-371-029-5 Ernest T. Ballin Lyle L. Cripe 4625 Encino Ave. 4421 Ocean Dr. Encino, Calif. 91316 Manhatten Beach, Ca. 90266 627-371-027-3 627-420-034=0 O /it/ rAle CITY OF P=A LA-f OE.3'ERT, C.4 /FO�Nl A .XWET TA X 8 O/VD CE2 TIFIC,4 TE /0ecom0,I R3 eelFrIloluTE I l2 Ef3 Y CERTIFY 7N4 T .4 6 O/t/D /iv THE SuM TIF.44Cr IV40. tmfo2 / .�r/ w ,/rfi. i�v�/c42,�.� c' , .�1'. 3�;1,1�'� tl HAS BEEN EXECUTED .4AI0 FILED N ,Selma .4 sawvvvx6f. /aw OF ,4 �Rrla / a- T IE ,f /.� THE 30 0 OF 541PE R W 5 ORS 0.417 THE COtIN OF Q/C .5'EC7//0 j 1 00 T�✓3,S. Fr. 6,E, S ,Q. A3 f /� � OW AWAfr A W e%MWry eWArW l fI/VE.PS/OE, AL/<'0-leN/Ai CONO/rl0A/EO u a/ rN4E EE �a-n �wro. A&Acw, ebzwrr .PJ;tWwww P.4 Y/W46" T O L 4 T,4 XES, S Ti4 TE, COu Y, muAlIc/P•4c AV Z c�,r w FO�COrI/.GY�it�1/�//UiL1 OC/f?iR�SES' er. . 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N6r2T OWE 21.s6 SOW OW 90"N 44.Ob - - 7 r r 20 ss1•as•a9••s 15.70 Nor 11'2rN 3.00 at ssi•ss!"Us 7.66 N79•46• !6••E 12.92 s •O�s ` ,�' .. _ .. 94!•0!'4rE lo.64 y79046'16'E 4.26 o4rE ' :•" ` `� It�•44'00% st.W or !t 40.Tr< •��•. ` ,.' ten. •�;..*, >I # �' r tr`A4' - - . • • . r. a . ,. Oyu-. .. _ ... > �. h.PI S INI THC CITY OF PALM DC 5 E [�T, CaLI EOR(V � A.. 51-ICCT 1 OF 1 5HCCT f TENTATIVE TRACT NAP No. 15 734 is FOR CO P U R P 0 5 E 5 0CIN6 A 5UB61VISION OF A PORTION OF THE 5E 11A . Of SECTION 20, T.55.,R.6E., 5.a B.tM. PALM DESCRY STATE Hws. 111 W I- BB EN6 [ N EERM (b INC. �PALM EL PAST 600 E . TAHaUITZ- MCCALLUM WAN SPR(N653'' - PALN 511RIN6S . CAI-IPORru IA. _ :bJw � NIT. � h JosHUk a_f " SN"bGUl Lklq DR. u 5T. o f1tRWP.y DR. TRACT 15 734 Q. 1 VICINIT--4 MAP NO SCALE N PALM DESERT VENTURE LTD. A LIMITED PARTNERSHIP BN 1)E51INAT10N RESORT CORPORATION ti GENENA.L. PARTNER JI c-er a` �Kf, • ���� �ti •i f t-.. 73- b50 EaIR WAy D(�. ~� 1, CD UERCD �� ,~ PALM DESCCIT . C ALIFO1�NlA. V. •• 4'1 UTILITtES C ARE IN SERVICE ra wA [-R C. V.C. W.D. SEWER C. V.C.W. S. C.E. co l ; DU THCRN CAL. GAS ,. u, t x<It ...-..,.. . .. f . x ► la • . ,. . .: ._. , . k ,,.. _ .- _ - r fi. . x S CRT 5AND5 . 0 0 s LO NOTE • 1 CONTAINS 0. 31 ACRE5. lb • 1'1' L' ��' T cn - _-y 3 _ , , m. `n O T 1 2 CITY C�7 PALM DESERT �, _ _ DO:, �NTA S RVICES Q � _- � E�I�/10, -L59 _ c 5 - F ❑ C.C.RES.NO. ... L APPROVED BY . P.C..RES.NO.� . 3 '•..f _ •_ o`er h �, ❑ STAFF LETTER .� _� •�f - �► F� eL �... '1 ! p ❑ D.R_B. ACTION FO BY I CDNSTRUCTION 814ALL COMMENCE WITHIN ONE YEAR OF THIS APPROVAL. r1� N, Z - N -19• /16' 1(7" f nR�t� �v r L1 ' CITY ~ r * 1 ESERT I _ �I..��I '� jJ o , • ,<,�C�. PPROV 0Y D h !, / t V L • ❑ STAFF LETTER - .... .-•�_ _ - 19i'U .F- _ - •Z f< FORM NOV- ' a.� : � — ❑ O.R_Q. ACTION r ,.I ENVIRONMENTAL SERVICES V _ 9 1 _ —- '1~ � �► •� _ `� CITY OF PALM DESERT r CONS UCTION 3NALL COMMENCE Wff*W r f ;• r• f 1 J L� -- f� I ` •• � ��,.� - ONE �AR OF THIS-APPROVAL. 12�� _ _ _ - 1 - �,��va _ TRACT MAP 000� N 734 --- - - - 3EM6 A SUS 1V1510nl- Of h PO f�TtON OF THE SE'llti % rr QF se� NOnt 20 5s c . s. �. a. fM. SCALE ito ZO, APPROVED BY: ____ ---- SHEET _ DATE 1�10/U. 'Q7J DRAWN R1iC NO. CHECKED OF 1 SHEETS F.s. WEBB ENGINEERING, INC. CIVIL ENGINEERS OWG. NO. REVISIONS DATE BY "�'D PALM SPRINGS, CALIFORNIA