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HomeMy WebLinkAboutTT 26757 INDIAN RIDGE COUNTRY CLUB 1991 Fl �a�AI. Southern California Edison Company _ P.O.BOX 410 LONG BEACH,CALIFORNIA 90801 •C1l (�(�E{ �i 2 V 3 100 LONG BEACH BOULEVARD WESTERN REGION LONG BEACH,CALIFORNIA 90802 Gil 'i TELEPHONE LAND SERVICES DIVISION (213)491-2946 REAL PROPERTIES AND ADMINISTRATIVE SERVICES FAX(213)491-2675 Honorable City Council March 5, 1991 City of Palm Desert 730510 Fred Waring Drive Palm Desert, CA 92260 Council Members: SUBJECT: Tract Map No. 26757 Our review of the subject subdivision map reveals that the proposed development will interfere with our rights within the subdivision boundaries. Until such time as arrangements have been made with the developer to eliminate this interference, the development of the subdivision will unreasonably interfere with the complete and free exercise of Edison's rights. If additional information is required in connection with the above mentioned subject, please call Dennis C. Bazant at (213) 491-2644. Sincerely, S. R. SHERMOEN Regional Manager By &/vul E NI Real Prope� s Agent DCB/bp(4) cc: Engineeering Service Corporation Ticor Title Insurance E. J. Elder/A. J. Lee L. D. Kovalcik W. L. Mc Clanahan Area Manager Oq Faun] DD mmn 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA92260 TELEPHONE(619)346-0611 July 18 , 1991 Mr . Allan Levin , P . E . Vice President , Engineering Sunrise Company 42-600 Cook Street , Suite 200 Palm Desert , California 92260 Dear Mr . Levin : Subject : Indian Ridge Country Club - Preannexation and Development Agreement At its regular meeting of January 10 , 1991 , the Palm Desert City Council adopted Ordinance No . 627 , approving a development agreement between the City and Sunrise Desert Partners to allow construction of a residential condominium/country club project . Enclosed for your records is a fully- executed copy of the ordinance and development agreement which were recorded by the Office of the County Recorder on June 19 , 1991 , as document No . 205654 . If you have any questions or require any additional information , please do not hesitate to contact us . Sincerely_ , SHEILA R . Gt-C' IGAN CITY CLERK/PUBLIC INFORMATION OFFICER SRG :mpf Enclosure (as noted) l RECORDING REQUESTED BY , AND WHEN RECORDED MAIL TO: pp City Clerk's Office ct City of Palm Desert V U 73-510 Fred Waring Drive Palm Desert , CA 92260 Q m FOR THE BENEFIT OF THE f a0 Z y CITY OF PALM DESERT N NO FEE 1� 6103 OF THE GOVT. CODE W `s ORDINANCE NO. 627 AN L .INANCE OF THE CITY COUNC.-- OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SUNRISE DESERT PARTNERS TO ALLOW CONSTRUCTION OF A RESIDENTIAL CONDOMINIUM/COUNTRY CLUB PROJECT IN SECTION 11, T5S, R6E. CASE NO. PREANNEXATION AND DEVELOPMENT AGREEMENT FOR VESTING TT 26123 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1990, hold a duly noticed public hearing which was continued to December 13, 1990, to consider the request of SUNRISE DESERT PARTNERS to consider the above mentioned project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following: 1 . That the development agreement is consistent with the provisions of Section 25.37 Development Agreements. NOW,- THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That the City Council does hereby approve the Development Agreement, Exhibit "A", for Case No. Vesting TT 26123 between the City of Palm Desert and Sunrise Desert Partners. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this loth day of January, 1991, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER NOES: NONE ABSENT: WILSON ABSTAIN: NONE A Ge J WALTER H. SNYDER, Mayo ES SHEILA R. GI L GAN, ty Clerk EACH City of Palm Deaer California SRS/tm cily OF RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT TABLE OF CONTENTS Page No. RECITALS 1 AGREEMENT 3 1. 0 Definition of the Project . . . . . . . . . . . . . . . . . . . . . . 3 2 . 0 Definition of Terms . . . . . . . . . . . . . . . 3 3 . 0 Property Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 . 0 Timing of Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. 0 Compliance with CEQA . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. 0 Consistency with the General Plan . . . . . . . . . . . . . . 4 7 . 0 Sunrise's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. 1 Development Fees . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 . 2 Mello-Roos Community Facilities District for Cook Street Improvements . . . . 5 7 . 3 Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . 5 7 .4 Street Improvements . . . . . . . . . . . . . . . . . . . . . . 6 7 .4. 1 Avenue 42 (Southern Perimeter of the Property) . . . . . . . . . . . . . . . . . . 6 7 . 4 .2 Eldorado Drive (Western Perimeter of the Property) . . . . . . . . 6 7 .4 . 3 Oasis Club Drive (Eastern Perimeter of the Property) . . . . . . . . 6 7 .4 .4 Country Club Drive (Northern Perimeter of the Property) . . . . . . . . 6 7 . 4 . 5 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . 6 7 .4 . 6 Traffic Signals . . . . . . . . . . . . . . . . . . . 6 7. 5 Time for Commencement . . . . . . . . . . . . . . . . . . . . 7 8 . 0 City's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 . 1 Development in Accordance with Existing Approvals . . . . . . . . . . . . . . . . . . . . . . . 7 8 .2 Timely Application and Processing . . . . . . . . 7 8. 3 Exemption From Construction Moratorium . . . 7 8. 4 Review of Subsequent Applications . . . . . . . . 7 8 .5 Other Governmental Permits . . . . . . . . . . . . . . . 8 8. 6 Cooperation in Formation of CFDs . . . . . . . . . 8 -ii- • _ �!1 r.-ter 9. 0 Limitations, Reservations and Exceptions . . . . . . . 8 9. 1 Reservations of Authority . . . . . . . . . . . . . . . . 8 9. 2 Future Regulations . . . . . . 9 9 . 3 State and Federal Laws and Regulations . . . 9 9 . 4 Full Extent of Law . . . . . . . . . . . . . . . . . . . . . . . 9 10. 0 Periodic Review of Compliance . . . . . . . . . . . . . . . . . . . 9 10. 1 Planning Commission Review . . . . . . . . . . . . . . . 9 10.2 Appeal to City Council . . . . . . . . . . . . . . . . . . . 10 10. 3 City Council Action .. . . . . . . . . . . . . . . . . . . . . . 10 11. 0 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 0 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 1 Initiation of Amendment . . . . . . . . . . . . . . . . . . 10 12 . 2 Insubstantial Deviations from Development Plan . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 3 Administrative Interpretations Not In Conflict with Purposes of this Agreement 11 13 . 0 Partial Invalidity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 . 0 Enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15. 1 Specific Performance . . . . . . . . . . . . . . . . . . . . . 11 15.2 Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 . 0 Mortgagee Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 . 0 Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . 12 17 . 1 Incorporation of Exhibits . . . . . . . . . . . . . . . . 12 17 .2 No Agency Created . . . . . . . . . . . . . . . . . . . . . . . . 12 17. 3 Force Majeure . . . . . . . . . . . . . . . . . . . . 12 17 .4 No Third Party Beneficiaries . . . . . . . . . . . . . 13 17 . 5 Assignment . . . . . . . . . . . . . . . . . 13 17. 6 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 . 7 Recitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 .8 Further Actions and Instruments . . . . . . . . . . 13 17 .9 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17. 10 Construction of Agreement . . . . . . . . . . . . . . . . 14 17. 11 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 . 12 Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 . 13 Reimbursement of Costs . . . . . . . . . . . . . . . . . . . 14 -iii- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO THE AUTHORITY of state law, including Sections 65864 through 65869 . 5 of the California Government Code, this Preannexation and Development Agreement ("Agreement") is entered this loth day of January. 1991 MU, by and between the City of Palm Desert ("City") , a municipal corporation of the State of California, and Sunrise Desert Partners ("Sunrise") , a California limited partnership. R E C I T A L S• The parties hereto have entered into this Agreement on the basis of the following facts, understandings and intentions. A. Sunrise is the owner of property consisting of approximately 640 acres (the "Property") , bounded by Country Club Drive on the north, Avenue 42 on the south, Eldorado Drive on the west and Oasis Club Drive on the east, as more particularly described in Exhibit A. The Property currently is located within the sphere of influence of the City, in the County of Riverside. On September 20 , 1990, a petition was submitted to the Riverside County Local Agency Formation Commission ("LAFCO") requesting the annexation of the Property to the City. B. Sunrise has proposed the development of Indian Ridge Country Club, a planned community of no more than 1, 500 homes, on the Property (the "Project") . The Project will consist of a residential community, two eighteen-hole championship golf courses, and a clubhouse featuring golf, tennis, swimming and health spa facilities. The Project will include a diversity of housing types appealing to a broad range of residents. 2 Z I C. The City is authorized to enter into binding preannexation agreements which set forth the terms and conditions upon which property will be developed following annexation to the City. Pursuant to Government Code sections 65864-65869 . 5, the City is further authorized to enter into binding development agreements which encourage and provide for the development of public facilities in order to support the development of new housing; provide certainty in the approval of development projects in order to avoid a waste of resources and an escalation in the cost of housing and other development to the consumer; provide assurance to developers that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to their conditions of approval ; and strengthen the public planning process and encourage private participation in comprehensive planning. D. The development of the Project requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities, both on-site and off-site, of sufficient capacity to serve the Project as anticipated by the General Plan of the City and this Agreement. E. The City has approved the following entitlements for the Project: pprezoning of the Project site to P.R. -5, by Ordinance No. ffl a Precise Plan for the Project, by Resolution No. 90-146 ; and a vesting tentative map for the Project, by Resolution No. 90-145 (collectively, "Existing Approvals") , contingent upon the annexation of the Property to the City. F. The Project site is designated P.R. -5 by the General Plan and the North Sphere Specific Plan. This designation allows the development of a maximum of five residential units per gross acre. The residential density of the Project will not exceed 2 . 35 units per gross acre and is, therefore, consistent with the General Plan and North Sphere Specific Plan. The P.R.-5 prezoning, which also allows the development of five residential units per gross acre, is consistent with the designation of the Project site in the General Plan and North Sphere Specific Plan. G. The City has undertaken the necessary review of the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") . On December 13 1990, the City Council approved a negative declaration ("Negative Declaration") for the Project by Resolution No. 90-145 The Negative Declaration evaluates potential impacts of the Project on the environment and sets forth the City's reasons for concluding that these impacts will not be significant. H. This Agreement is intended to establish standards and requirements for the development of the Project, and to -2- provide for the orderly development of the Project, thereby assuring the public benefits identified by the City in this Agreement. I. Following due consideration of all evidence submitted or heard at duly noticed public hearings, the City Planning Commission and City Council have found and determined that this Agreement (a) is consistent with the City's General Plan; (b) is in the best interests of the health, safety and general welfare of the City, its residents and the public; (c) is entered into pursuant to and constitutes a present exercise of the police power by the City; (d) is entered into pursuant to and in compliance with the requirements of state law; and (e) is entered into for valuable and adequate consideration, based on the obligations assumed by Sunrise hereunder. I. The City has determined that the Project implements the goals and policies of the City's General Plan applicable to the Project. The City further finds that the Project imposes appropriate standards and requirements with respect to land developments and usage so as to maintain and improve the quality of life and the environment within the City. A G R E E M E N T NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. 0 Definition of the Project. The Project is a planned community consisting of a maximum of 1, 500 residential units, two eighteen-hole golf courses, a clubhouse and sports facilities, as more particularly described in the development plan attached hereto as Exhibit B ("Development Plan") . The permitted uses of the Property, the density or intensity of use, and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. 2 . 0 Definition of Terms. "Date of Enactment" shall mean the date of the second reading of the ordinance by which the City approves this Agreement. "Effective Date" shall mean that date (thirty days after the Date of Enactment) upon which this Agreement becomes effective, pursuant to state law. 3 . 0 Property Interest. Sunrise has shown to the City's satisfaction that its interest in the Property meets the requirements of the -3- Development Agreement Law. Sunrise is the owner in fee of the Property. 4 . 0 Timing of Annexation. This Agreement shall not become operative unless annexation proceedings annexing the Property to the City are completed within one year from the Effective Date. If the annexation is not completed within the time specified in the Agreement or any extension of the Agreement, the Agreement shall be null and void. 5. 0 Compliance with CEOA. The City has determined that this Agreement is consistent with and within. the scope of the Negative Declaration. The City has determined that there are no substantial changes in the Project, or in the circumstances under which the Project will be undertaken pursuant to this Agreement, which involve new significant impacts not considered in the Negative Declaration. Therefore, no further environmental analysis of this Agreement is required under CEQA. 6. 0 Consistency with the General Plan. The designation of the Property in the General Plan is Planned Residential ("P.R. ") 5. The P.R. designation allows the development of residential uses, community facilities, recreational uses and related accessory uses, and other uses or mixtures of residential with country club related commercial uses, as designated on an approved precise plan. The P.R. district is intended to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities, both public and private. The P.R. -5 designation establishes that five residential units per gross acre are permitted. The Project is consistent with this designation because it will incorporate residential and country club related uses in a creative design, and will not exceed five residential units per gross acre. The City has further determined that this Agreement will implement the goals and policies of the General Plan of the City, including the goals of developing a land use pattern that takes optimum advantage of the City's natural assets, providing for an orderly balance of land uses within convenient and compatible locations and creating a distinctive sense of place and identity for each community and neighborhood in the City. 7 . 0 Sunrise's Obligations. 7. 1 Development Fees. Sunrise shall pay all fees which are required as conditions of approval for the Project, and/or which are contained in City ordinances or resolutions in -4- effect at the time of Project approval. The fees payable by Sunrise in connection with the Project shall include, but are not limited to, the following: (a) City park fees, pursuant to the Subdivision Map Act; (b) City Art in Public Places fee; (c) school fee payable to Desert Sands Unified School District, based on state law requirements; (d) Transportation Uniform Mitigation Fee, applicable to regional transportation and public works projects; (e) water and sewer fees payable to Coachella Valley Water District; and (f) Fringe-Toed Lizard Fee, payable under the Fringe-Toed Lizard Habitat Conservation Plan 7 .2 Mello-Roos Community Facilities District for Cook Street Improvements. The Property shall participate in the proposed Mello-Roos Community Facilities District ("CFD") or assessment district for improvements to Cook Street to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the Office of the City Clerk of the City of Palm Desert. The City and Sunrise hereby acknowledge that the sum of $1, 687, 712 is a reasonable allocation of public infrastructure costs attributable to the Project. Therefore, the maximum obligation to be imposed on the Property pursuant to the Cook Street CFD or assessment district shall be $1, 687,712 . Sunrise further agrees to advance $50, 000 for the formation of the Cook Street CFD, subject to reimbursement from Mello-Roos bond proceeds. Any Transportation Uniform Mitigation Fees (as more particularly described in Section 7 . 1 herein) shall be credited against the $1, 687 , 712 Cook Street CFD obligation. The application of this credit is in recognition that the payment of Transportation Uniform Mitigation Fees represents a contribution by the Project to the public infrastructure costs of the Project, and results in a reasonable allocation of public infrastructure costs attributable to the Project. 7 . 3 Drainage Facilities. The Project shall be designed to retain drainage from a 100-year storm on-site. If the City imposes a drainage fee applicable to the Property, Sunrise shall receive a fair and equitable credit against this fee. The credit shall be based on the reduction in the city's cost of building drainage improvements attributable to the Project's on-site retention of drainage. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage, shall be paid in an amount which shall be based on the City of Palm Desert Master Drainage Plan prepared by NSS/Lowry upon its adoption by the Palm Desert City Council. 7 . 4 Street Improvements. Sunrise shall provide landscaping and other improvements to all streets directly adjacent to the Property, as follows. All descriptions of street sections are approximate, and are subject to modification without amendment of this Agreement. -5- 7. 4 . 1 Avenue 42 (Southern Perimeter of the Property) . The northern half of the 100-foot right of way shall be dedicated and improved to include 32-foot driving lanes, a 12-foot landscaped parkway and one-half of the 12-foot landscaped median. In addition, Sunrise shall construct the southern half of the landscaped median adjacent to Oasis Country Club, where the southern half of the street is fully improved but no median exists. 7 .4 .2 Eldorado Drive (Western Perimeter of the Property) . The eastern half of the 110-foot right of way shall be dedicated and improved. The western half also shall be improved, beginning one-half mile south of Country Club Drive (where improvements to the western half now end) and extending one-half mile south to the intersection of Avenue 42. The construction of these improvements to the western half of Eldorado Drive shall be subject to a reimbursement agreement administered by the City, pursuant to which Sunrise shall be reimbursed for the cost of the improvements when the adjacent land to the west is developed. The Eldorado Drive street section shall consist of 12-foot parkways on both sides, 34 feet of driving lanes in each direction and an 18-foot landscaped median. In addition to the landscaping of the 12-foot parkway, Sunrise shall also landscape 8 feet outside its perimeter wall, for a total of 20 feet of landscaped perimeter on the eastern side of Eldorado Drive. 7 .4 .3 Oasis Club Drive (Eastern Perimeter of the Property) . The western half of a 100-foot right of way shall be dedicated and improved to include a 12-foot landscaped parkway, 32-foot driving lanes and a 12-foot painted center median. 7 . 4 .4 Country Club Drive (Northern Perimeter of the Property) . Sunrise has fully improved the southern half of Country Club Drive, adjacent to the Property. The 12-foot parkway shall be landscaped, along with an additional 18 feet outside the Project's north perimeter wall, for a total of 30 feet of landscaped perimeter on Country Club Drive. 7.4 . 5 Sidewalks. Concrete sidewalks shall be constructed on all four perimeters of the Property. Sidewalk width shall be eight feet on Country Club and E1 Dorado Drives and six feet wide on Oasis Club Drive and 42nd Avenue. 7.4. 6 Traffic Signals. Sunrise shall provide for the conversion of the existing three-way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. Traffic signalization fees required for the Project may be used as credits against these costs. -6- 7 .5 Time for Commencement. Sunrise shall commence construction of the Project within ten (10) years of the Effective Date of this Agreement. Failure to do so shall be considered a default by Sunrise. Notwithstanding the foregoing, the time for commencement may be extended by agreement of the parties upon a showing by Sunrise of good cause for the extension. 8 . 0 City's Obligations. 8 . 1 Development in Accordance with Existing Approvals. To the fullest extent of the City's authority and jurisdiction, Sunrise shall have a vested right to design, construct, operate and maintain the Project in accordance with the Development Plan, Existing Approvals and the terms of the rules, regulations, and ordinances of the City in effect as of the Date of Enactment of this Agreement ("Local Rules") . The City shall not impose, or seek to impose, any additional requirements, exactions, fees or payments, or dedication or reservation requirements except those expressly set forth in the Reservation of Authority. ' 8 . 2 Timely Application and Processing. The City hereby acknowledges that the timely development of the Project will benefit the public health, safety, and welfare. In recognition of this, the City and Sunrise agree to cooperate in the expeditious processing and review of all applications for further approvals required by the Project. The City shall not impose any exaction or restriction (except requirements relating to the normal processing of applications for development approvals) which would delay, interfere with or impede the commencement or rate of design, construction, development or operation of the Project or any component thereof as contemplated by the Development Plan. 8 . 3 Exemption From Construction Moratorium. The City specifically agrees and acknowledges that the Project is exempt from the construction moratorium adopted by the City on or about April 26, 1990, as set forth in Ordinance No. 602, and from any extensions to the construction moratorium which the City may adopt in the future. 8.4 Review of Subseguent Applications. The Project, including subsequent applications for approvals necessary for the development of the Project in accordance with the Development Plan, shall not be subject to any changes in the Local Rules or new Local Rules adopted subsequent to the Date of Enactment, which would interfere or conflict with the development of the Project for the uses and to the height, design standards, density and intensity of use specified in the Development Plan, or with the rate of development of the Project, except as otherwise provided by this Agreement, including the Reservations of Authority. The City shall -7- promptly issue any permits which may be required to implement the Development Plan, provided that Sunrise is in compliance with this Agreement and the Local Rules in effect as of the Date of Enactment. 8. 5 Other Governmental Permits. Sunrise may apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development, design, construction, or operation of the Project in accordance with the Development Plan. The City shall cooperate with Sunrise in its efforts to obtain such permits and approvals and shall assist in expediting LAFCO processing of the annexation of the Property. 8. 6 Cooperation in Formation of CFDs. In addition to the Cook Street CFD described in Section 7. 2, the City and Sunrise intend to consider the formation of one or more CFDs which will include the Property, or a portion thereof, within their boundaries for the purpose of financing various off-site improvements. The City shall use its best efforts to cooperate with Sunrise in the formation and establishment of such CFDs; provided, however, that nothing herein shall prevent Sunrise in its sole discretion from voting against the formation of any CFD, with the exception of the Cook Street CFD. 9 .0 Limitations Reservations and Exceptions. 9. 1 Reservations of Authority. Notwithstanding any other provision of this Agreement, the following rules, regulations and ordinances of the City which may come into effect after the Date of Enactment of this Agreement shall apply to the development of the Property. A. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. B. Changes in regulations governing construction standards and specifications after the effective date of this Agreement which are required by changes in state or federal law or federal laws or regulations, or by changes in the uniform building code, plumbing code, mechanical code, electrical code, fire code and grading code. C. Processing fees and charges of every kind and nature imposed by the City, on a uniform City-wide basis at the time such fees are due, to cover the estimated actual costs to the City of processing applications for development approvals or for monitoring compliance with any development approvals granted or issued. -8- D. Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to project the public health and safety; to the extent possible, any such regulation shall be applied and construed so as to provide Sunrise with the rights and assurances provided under this Agreement. E. Regulations applied with the written consent of Sunrise. 9. 2 Future Regulations. Nothing herein shall prevent the City, in subsequent discretionary approvals for the Project, from applying new rules, regulations, or ordinances (1) not inconsistent or in conflict with the Local Rules or with the purposes and conditions of this Agreement, and (2) which do not interfere or conflict with the height, density or intensity set forth in the Development Plan or with the rate of development selected by Sunrise. 9.3 State and Federal Laws and Regulations. The Project shall be subject to existing and future state and federal laws and regulations, together with any City land use regulations, programs and actions, or inaction, which are reasonably (taking into consideration, among other things, the assurances provided to Sunrise hereunder) adopted or undertaken by the City in order to comply with state and federal laws and ;re ulations provided, that in the event that state or federal q laws and regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state and federal laws and regulations. In such event, this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws and regulations and that performance of the remaining provisions would not be inconsistent with the intent and purposes of this Agreement. 9 .4 Full Extent of Law. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited. 10. 0 Periodic Review of Compliance. 10. 1 Planning Commission Review. The Planning Commission, at a public hearing, shall conduct a compliance review of this Agreement within six months from the Date of Enactment, and annually thereafter. At least one week prior to the Planning Commission compliance hearing, Sunrise shall submit a letter to the Planning Commission, demonstrating its good faith compliance with this Agreement. If the Planning Commission finds that Sunrise has demonstrated good faith compliance with this Agreement, the annual review shall be deemed concluded. -9- 10.2 Appeal to City Council. If the Planning Commission finds and determines on the basis of substantial evidence that Sunrise has not complied in good faith with this Agreement, the Planning Commission shall (1) specify actions to be taken to cure the default under the Agreement, (2) propose the modification of the Agreement, or (3) propose the termination of the Agreement. Sunrise shall have the right to appeal any portion of any such action to the City Council within thirty days of the date of the Planning Commission action. 10. 3 City Council Action. Upon appeal by Sunrise pursuant to Section 10. 2 herein, the City Council shall conduct a hearing to determine whether Sunrise is in good faith compliance with this Agreement. If the City Council determines that Sunrise is in good faith compliance, the annual review process shall be deemed completed. If the City Council finds that Sunrise has not complied in good faith with this agreement, it shall (1) specify actions to be taken to cure the default under the Agreement, (2) modify the Agreement, or (3) terminate the Agreement. 11. 0 Term. This Agreement shall commence on the Effective Date and shall continue in effect for twenty years from the Effective Date. This term is intended to provide sufficient time for the full repayment of the bonds to be issued by the CFD referred to in Section 7.2 , or of any other debt obligations incurred in lieu of such bonds. If the parties determine that a longer period is necessary to achieve the purpose stated herein, the term of this Agreement may be extended by the further written agreement of the parties in accordance with Section 12 . 3 . 12 . 0 Amendment. 12. 1 Initiation of Amendment. Either party may propose an amendment to this Agreement. Except as otherwise provided herein, cancellation or amendment shall follow the notice and hearing requirements established by applicable law for the consideration of development agreements. 12 . 2 Insubstantial Deviations from Development Plan. Any insubstantial deviation from the Development Plan with respect to the location, size, or height of structures, streets, and other physical , facilities, as determined by the Director of Planning, may be approved by the person or body with authority to approve the plans for such facilities without amendment of this Agreement, in accordance with City policy. Insubstantial deviations shall include, without limitation, the introduction of different housing product types and the replotting of the locations of houses, so long as such -10- deviations are not inconsistent with (a) the permitted uses described in Exhibit B, and (b) City policy in effect at the time of entry into this Agreement. 12 . 3 Administrative Interpretations Not in Conflict With Purposes of This Agreement. Upon agreement of the parties hereto, memoranda of administrative interpretation may be entered into regarding any aspect of this Agreement which does not relate to permitted uses, density or intensity of use, height or size of buildings, provisions for reservation of land, conditions, restrictions and requirements relating to subsequent discretionary approvals, rate of development, or the term of the Agreement. 13 .0 Partial Invalidity. If any material provision of this Agreement is determined to be void, invalid, or illegal by a final judgment of a court of competent jurisdiction, the parties may (a) amend this Agreement pursuant to the procedures set forth herein, or (b) by mutual agreement of the parties, terminate the Agreement. 14. 0 Enforceability. It is acknowledged and agreed by the parties hereto that any assurances provided to Sunrise with respect to the imposition of additional exactions, regulations, or restrictions affecting permitted uses, intensity of use, density, height, or the rate of development of the Project are (a) intended to be relied upon by Sunrise; (b) made in exchange for valuable and adequate consideration provided by Sunrise in the form of covenants and commitments as set forth in this Agreement; and (c) made with the understanding that such assurances will not be amended, changed, or increased except as provided herein. 15. 0 Remedies. 15. 1 Specific Performance. The parties agree and understand that a breach of this Agreement may result in irreparable harm to the non-breaching party, and that specific performance of this Agreement is a proper and desirable remedy. 15. 2 Withdrawal. In the event that Sunrise is unable to construct and operate the Project in a manner set forth in the Development Plan and this Agreement because of (a) this Agreement or any portion hereof being determined to be invalid or unenforceable, (b) the imposition of any exaction, restriction, or change in the Local Rules not specifically provided for in this Agreement, or (c) Sunrise reasonably determining that the Project, despite good faith efforts, is economically infeasible, in addition to any other remedy which it might possess, Sunrise shall have the right upon written notice to the City to withdraw from this Agreement. -11- Thereafter, the City and Sunrise shall be released from any and all further liabilities or obligations hereunder. Sunris e's notice to the City that it is withdrawing from this Agreement shall constitute a waiver of Sunrise's rights hereunder and the Project shall be subject to City review according to the rules and regulations in existence at that time. 16. 0 Mortgagee Protection. No breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any deed of trust or mortgage made in good faith and for value, and no holder of a deed of trust or mortgage ("Mortgagee") shall have an obligation or duty under this Agreement to perform Sunrise's obligations or to guarantee such performance. Notwithstanding the foregoing, any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a Mortgagee (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise) , shall be subject to all of the terms and conditions contained in this Agreement. 17. 0 Miscellaneous Provisions. 17 . 1 Incorporation of Exhibits. Exhibits A and B, attached hereto, are incorporated herein by this reference. 17.2 No Agency Created. It is understood and agreed to by the parties that the Project is a private development, that neither party is acting as the agent of the other in any respect and that no partnership, joint venture or other association of any kind is formed by this Agreement. 17. 3 Force Maieure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other' labor difficulties beyond such party's control, government regulations, court actions (such as restraining orders or injunctions) or other causes beyond such party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance, provided that the terms of this Agreement shall not be extended for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. 17.4 No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the parties and their successors and assigns. No third-party beneficiaries are created by this Agreement. -12- • ,s....�,g r 17. 5 Assignment. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the City; provided, however, that such approval shall not be unreasonably withheld. This Agreement shall benefit and bind all subsequent transferees. Express assumption of any of the obligations hereunder by any transferee permitted by this paragraph shall relieve the transferor from any assumed obligation. 17 .6 Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement. 17.7 Recitals. The recitals to this Agreement constitute part of this Agreement. Each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement. 17 .8 Further Actions and Instruments. Upon the request of either party, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments or writings, including estoppel certificates, and take any actions that may be reasonably necessary under the terms of this Agreement to carry out the intent, fulfill the provisions, and evidence or consummate the transactions contemplated by this Agreement. 17 .9 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Ramon A. Diaz, ACM/Director of Planning To Sunrise: Sunrise Desert Partners 42-600 Cook Street, Suite 200 Palm Desert, California 92260 Attn: Phillip K. Smith, Jr. with a copy to: Nossaman, Guthner, Knox & Elliott 650 Town Center Drive, Suite 1250 Costa Mesa, California 92626 Attn: Jean O. Melious, Esq. Any notice given as required herein shall be deemed given seventy-two hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in writing to the other party as required herein. -13- 17. 10 Construction of Agreement. The captions in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 17 . 11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 17. 12 Hold Harmless. Sunrise agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the direct or indirect operation of Sunrise or those of its contractors, subcontractors, agent, employee, or other person acting on its behalf which relate to the Project. Sunrise agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Sunrise's activities in connection with the Project. This provision applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project. It does not apply to negligent acts or omissions by the City. Sunrise further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement. 17 . 13 Reimbursement of Costs. Sunrise shall pay to City its direct costs associated with entering into this Agreement, as shown on itemized City invoices. Such costs shall be paid prior to issuance of final approvals. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below, as of the day and year first above written. Date• Z "City" CITY OF PALM DESERT By C�� i' Its -14- r}?,•'"fir Date: 2 - "Sunrise" SUNRISE DESERT PARTNERS By Sunrise Corporation Its General Partner By/ Its CNCL[ / �C Vi Date: 06/05/91 APPROVED .TO FORM: i City ttorney City of Palm Desert Date: 06/07/91 ATTEST: City Clerk City of Palm Desert, CAT. NO. NNO0636 TO 1954 CA(9-84) (Corporation as a Partner of a Partnership) J TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Riverside 205654 On Feb. 12, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Phillip R. Smith. Jr- a m personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed W the within instrument as the EXeCIIt1Ve Vice President, x u -- - aRally -- -- - — - - .ea _M. -- --- -- - -` --- -- -- - -- i �e.,w - tee-the-*'"ia iitsaumenE-as-the c___...__. Of m Sunrise Corpora ion the corporation that executed the within instrument on behalf of Sunrise Desert Partners ..+»N•••+N«.+«'..�«»��* the partnership.that executed tIt OFMCIAL SM the within instrument, and acknowledged to me that such AL.L.AN R. LEVIN corporation executed the same as such partner and that WiAW R1eUCSAIIFOM44 IN such partnership executed the same. �WOECOCOUUNNT)Y WITNESS hand and qffrewkscaL M 1992 y Cwp�D•Aug.21, Signature (This area for official notarial seal) 2t1555 } C521886 EXHIBIT "A" DESCRIPTION The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: DIVISION I PARCEL 1: All that portion of the West half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, more particularly described as follows: Beginning at the Northeast corner of said West half; thence South 89010'45" West, on the North line of said West half, 1,330.18 feet, to an intersection with the Northerly prolongation of the West line of Parcel 1, as shown by Record of Survey on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California; thence South 00062133" West, on said Northerly prolongation and on said West line, 5,317.88 feet to the Southwest corner of said Parcel 1; thence North 89028' 15° East, on the South line of said Parcel 1, 1,325.54 feet to the Southeast corner thereof; thence North 00005130N East, on the East line of said Parcel 1 and the Northerly prolongation thereof, 5,324.71 feet to the point of beginning; Said property is also shown as Parcel 1 of Record of Survey on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California; EXCEPT that portion described in the deed to the County of Riverside by document recorded August 11, 1972 as Instrument No. 107739 of Official Records of Riverside County, California. -lo - 205654 �. C521886 EXHIBIT "A" (Cont' d. ) PARCEL 2: The West half of the Northeast quarter and the North half of the Northwest quarter of the Southeast quarter of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, as shown by United States Government Survey; EXCEPT the Northerly 44.00 feet thereof, as described in the deeds to the County of Riverside recorded March 31, 1958 as Instrument No. 23189 in Book 2246, Page 519 and on April 15, 1958 as Instrument No. 27209 in Book 2255, Page 236 both respectively of Official Records of Riverside County, California. PARCEL 3: The East half of the East half of the East half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California; EXCEPT the North 44.00 feet thereof, described in the Deeds to the County of Riverside, by deeds recorded March 31, 1958 in Book 2246, Page 519 as Instrument No. 23189 and on April 15 1958 in Book 2255, Page 236 as Instrument No. 27209 both respectively of Official Records of Riverside County, California; ALSO EXCEPT the Southeast quarter of the Southeast quarter of said section. PARCEL 4• The South half of the Southeast quarter and the South half of the Northwest quarter of the Southeast quarter of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof. - 17 - 2�565 � C521886 EXHIBIT "A" (Cont' d. ) DIVISION II All that portion of the West half of the West half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof, described as follows: Beginning at the Northeast corner of said West half of Section 11; thence South 89010145" West on the North line of said West half, 1,330.18 feet, to an intersection with the Northerly prolongation of the West line of Parcel 1, as shown by Record of Survey, on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California and the true point of beginning; thence South 00002133" West on said Northerly prolongation and on said West line, 5,317.88 feet to the Southwest corner of said Parcel 1; thence South 89028' 15" West on the South line of Parcel 2 as shown by said Record of Survey, 1,330.58 feet to the Southwest corner thereof; thence North 00005100" East on the West line of Parcel 2, 2,655.61 feet to an angle therein; thence North 00000145" East on said West line and the Northerly prolongation thereof, 2,655.51 feet to the Northwest corner of Section 11; thence North 89010145" East on said North line of said West half, 1,330.18 feet to the true point of beginning. EXCEPT that portion described by deed to Southern California Edison Company, a California corporation recorded October 26, 1982 as Instrument No. 184850. DIVISION III The West half of the East half of the East half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof. EXCEPT the North 44.00 feet, described by deeds to the County of Riverside recorded March 31, 1958 in Book 2246, Page 519 and April 15, 1958 in Book 2255, Page 236, Records of Riverside County. ALSO EXCEPT the Southeast quarter of the Southeast quarter of said section. Note: Said land is also known as all that property lying within the boundaries of Tentative Tract 26123, a portion of said land is to be resubdivided into Tract 26757. - 18 - EXHIBIT B Development Plan 1. Permitted Uses of the Property Housing, including single family detached one- and two-story homes and attached homes containing from two to six units per building; Two eighteen-hole golf courses and ancillary facilities, including but not limited to maintenance facilities, half-way houses with snack shops and rest rooms; Entry complexes; Sales, resales and rentals building; A clubhouse, including golf, tennis and health spa facilities, dining rooms, freestanding grill room/snack shop, lounges, banquet and meeting rooms, golf pro shops, a tennis and spa pro shop, at least fourteen tennis courts (seven night-lighted) , four night-lighted paddle tennis courts, two night-lighted croquet courts, swimming pools, locker room facilities, child care center and teen activity room. The power source for the building may consist of a cogeneration facility. 2 . Maximum Heights of Buildings The maximum height of residential buildings will be 30 feet. The maximum height of the clubhouse will be 60 feet. The maximum height of ancillary golf facilities (including golf maintenance facilities, half-way houses with snack shops and rest rooms) will be 30 feet. The maximum height of entry complexes will be 30 feet. The maximum height of the sales, resales and rentals building will be 30 feet. -19- i 3 . Density and Intensity of Use; Maximum Size of Buildings Residential: No more than 1, 500 homes shall be constructed. This constitutes a density of approximately 2 . 35 units per acre. Homes shall range in size from 1, 20O ' to 4 , 000 square feet. Clubhouse: The clubhouse shall not exceed 125, 000 square feet in size. The freestanding grill room/snack shop shall not exceed 5, 000 square feet. Ancillary golf facilities, including golf maintenance facilities, half-way houses with snack shops and rest rooms, shall not exceed 40, 000 square feet. Entry complexes shall not exceed 7,500 square feet. The sales, resales and rentals building shall not exceed 5, 000 square feet. ORI:JJF:54 RECORDING REQUESTED BY. AND WHEN RECORDED MAIL TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring;Drive yVjY { Palm Desert, CA W'260 Q rn FOR THE BENEFIT OF THE y CITY OF PALM DESERT NO FEE ! 6103 OF THE GOVT. CODES ' ORDINANCE NO. 627 AN ORDINANCE OF THE CITY COUNCIL OF THE 2�5654 CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SUNRISE DESERT PARTNERS TO ALLOW CONSTRUCTION OF A RESIDENTIAL CONDOMINIUM/COUNTRY CLUB PROJECT IN SECTION 11, TSS, R6E. CASE NO. PREANNEXATION AND DEVELOPMENT AGREEMENT FOR VESTING TT 26123 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of November, 1990, hold a duly noticed public hearing which was continued to December 13, 1990, to consider the request of SUNRISE DESERT PARTNERS to consider the above mentioned project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following: 1. That the development agreement is consistent with the provisions of Section 25.37 Development Agreements. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That the City Council does hereby approve the Development Agreement, Exhibit "A", for Case No. Vesting TT 26123 between the City of Palm Desert and Sunrise Desert Partners. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this loth day of January, 1991, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER NOES: NONE ABSENT: WILSON ABSTAIN: NONE WALTER H. SNYDER, Mayo ES Gi✓ SHEILA R. GI L-IGAN, /qlty Clerk EACH DQCIWAIVIT T" VIHICH THIS CERTMS"_TE iS City of Palm Deaer California ATTRrH'.0. 'S CEF:iFiP^ TO 5 A EULi. SRS/tm Cap;i"'U I,R.^y IF Tisz CR;GINA: C�J RECORD li' FA'f C=FICE. Dated: SH-,L% n. GILIGA!4, rit; Clark ~ city of I "rt�CLI �7 FCi T:u Ems::._ CITY OF P:_L;_ NO FEE 6103 OF THE GOV:. C F 21)565-5 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT ai Jv• TABLE OF CONTENTS Page No. RECITALS 1 AGREEMENT 3 1. 0 Definition of the Project . . . . . . . . . . . . . . . . . . . . . . 3 2 . 0 Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 . 0 Property Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 . 0 Timing of Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5.0 Compliance with CEQA . . 4 6. 0 Consistency with the General Plan . . . . . . . . . . . . . . 4 7 . 0 sunrise's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. 1 Development Fees . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 .2 Mello-Roos Community Facilities District for Cook Street Improvements . . . . 5 7. 3 Drainage Facilities . . . . . . . . . . . . . . . . . . . . . . 5 7 .4 Street Improvements . . . . . . . . . . . . . . . . . . . . . . 6 7.4 . 1 Avenue 42 (Southern Perimeter of the Property) . . . . . . . . . . . . . . . 6 7.4.2 Eldorado Drive (Western Perimeter of the Property) . . . . . . . . 6 7.4. 3 Oasis Club Drive (Eastern Perimeter of the Property) . . . . . . . . 6 7.4.4 Country Club Drive (Northern Perimeter of the Property) . . . . . . . . 6 7.4 .5 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . 6 7.4. 6 Traffic Signals . . . . . . . . . . . . . . . . . . . 6 7. 5 Time for Commencement . . . . . . . . . . . . . . . . . . . . 7 8. 0 City's Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. 1 Development in Accordance with Existing Approvals 7 8 .2 Timely Application and Processing . 7 8. 3 Exemption From Construction Moratorium . . . 7 8.4 Review of Subsequent Applications . . . . . . . . 7 8.5 other Governmental Permits . . . . . . . . . . . . . . . 8 8. 6 Cooperation in Formation of CFDs . . . . . . . . . 8 -ii- i 20L; 9. 0 Limitations, Reservations and Exceptions . . . . . . . 8 9. 1 Reservations of Authority . . . . . . . . . . . . . . . . 8 9. 2 Future Regulations . . . . . . . . . . . . . . 9 9. 3 State and Federal Laws and Regulations . . . 9 9 .4 Full Extent of Law 9 10. 0 Periodic Review of Compliance . . . . . . . . . . . . . . . . . . 9 10.1 Planning Commission Review . . . . . . . . . . . . . . . 9 10.2 Appeal to City Council . . . . . . . . . . . . . . . . . . . 10 10. 3 City Council Action . . . . . . . . . . . . . . . . . . . . . . 10 11. 0 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 0 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 . 1 Initiation of Amendment . . . . . . . . . . . . . . . . . 10 12. 2 Insubstantial Deviations from Development Plan . . . . . . . . . . . . . . 10 12 . 3 Administrative Interpretations Not In Conflict with Purposes of this Agreement 11 13 . 0 Partial Invalidity 11 14 . 0 Enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 11 15. 1 Specific Performance . . . . . . . . . . . . . . . . . . . . . 11 15.2 Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16. 0 Mortgagee Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 . 0 Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . 12 17 . 1 Incorporation of Exhibits . . . . . . . . . . . . . . . . 12 17.2 No Agency Created . . . . . . . . . . . . . . . . . . . . . . . . 12 17.3 Force Majeure . . . . . . . . . . . . . . . . . . . 12 17.4 No Third Party Beneficiaries . . . . . . . . . . . . . 13 17.5 Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17.6 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 13 17.7 Recitals . . . . . . . . . . . . . . . . . . . . . . . 13 17.8 Further Actions and Instruments . . . . . . . . . . 13 17 .9 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17. 10 Construction of Agreement . . . . . . . . . . . . . . . . 14 17. 11 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17. 12 Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17. 13 Reimbursement of Costs . . . . . . . . . . . . . . . . . . . 14 -iii- c ¢ C RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk (Space Above This Line For Recorder's Use) INDIAN RIDGE COUNTRY CLUB PREANNEXATION AND DEVELOPMENT AGREEMENT PURSUANT TO .THE AUTHORITY of state law, including Sections 65864 through 65869. 5 of the California Government Code, this Preannexation and Development Agreement ("Agreement") is entered this loth day of January. 1991 Mu, by and between the City of Palm Desert ("City") , a municipal corporation of the State of California, and Sunrise Desert Partners ("Sunrise") , a California limited partnership. R E C I T A L S• The parties hereto have entered into this Agreement on the basis of the following facts, understandings and intentions. A. Sunrise is the owner of property consisting of approximately 640 acres (the "Property") , bounded by Country Club Drive on the north, Avenue 42 on the south, Eldorado Drive on the west and Oasis Club Drive on the east, as more particularly described in Exhibit A. The Property currently is located within the sphere of influence of the City, in the County of Riverside. On September 20 , 1990, a petition was submitted to the Riverside County Local Agency Formation Commission ("LAFCO") requesting the annexation of the Property to the City. B. Sunrise has proposed the development of Indian Ridge Country Club, a planned community of no more than 1, 500 homes, on the Property (the "Project") . The Project will consist of a residential community, two eighteen-hole championship golf courses, and a clubhouse featuring golf, tennis, swimming and health spa facilities. The Project will include a diversity of housing types appealing to a broad range of residents. C. The City is authorized to enter into binding preannexation agreements which set forth the terms and conditions upon which property will be developed following annexation to the City. Pursuant to Government Code sections 65864-65869. 5, the City is further authorized to enter into binding development agreements which encourage and provide for the development of public facilities in order to support the development of new housing; provide certainty in the approval of development projects in order to avoid a waste of resources and an escalation in the cost of housing and other development to the consumer; provide assurance to developers that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to their conditions of approval ; and strengthen the public planning process and encourage private participation in comprehensive planning. D. The development of the Project requires substantial early and major capital expenditures and investments with respect to the construction and installation of major infrastructure and facilities, both on-site and off-site, of sufficient capacity to serve the Project as anticipated by the General Plan of the City and this Agreement. E. The City has approved the following entitlements for the Project: pprezoning of the Project site to P.R.-5, by Ordinance No. ffl a Precise Plan for the Project, by Resolution No. 90-146 ; and a vesting tentative map for the Project, by Resolution No. 90-145 (collectively, "Existing Approvals") , contingent upon the annexation of the Property to the City. F. The Project site is designated P.R.-5 by the General Plan and the North Sphere Specific Plan. This designation allows the development of a maximum of five residential units per gross acre. The residential density of the Project will not exceed 2 .35 units per gross acre and is, therefore, consistent with the General Plan and North Sphere Specific Plan. The P.R.-5 prezoning, which also allows the development of five residential units per gross acre, . is consistent with the designation of the Project site in the General Plan and North Sphere Specific Plan. G. The City has undertaken the necessary review of the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") . On December 13 1990, the City Council approved a negative declaration ("Negative Declaration") for the Project by Resolution No. 90-145 The Negative Declaration evaluates potential impacts of the Project on the environment and sets forth the City's reasons for concluding that these impacts will not be significant. H. This Agreement is intended to establish standards and requirements for the development of the Project, and to -2- provide for the orderly development of the Project, thereby assuring the public benefits identified by the City in this Agreement. I. Following due consideration of all evidence submitted or heard at duly noticed public hearings, the City Planning Commission and City Council have found and determined that this Agreement (a) is consistent with the City's General Plan; (b) is in the best interests of the health, safety and general welfare of the City, its residents and the public; (c) is entered into pursuant to and constitutes a present exercise of the police power by the City; (d) is entered into pursuant to and in compliance with the requirements of state law; and (e) is entered into for valuable and adequate consideration, based on the obligations assumed by Sunrise hereunder. I. The City has determined that the Project implements the goals and policies of the City's General Plan applicable to the Project. The City further finds that the Project imposes appropriate standards and requirements with respect to land developments and usage so as to maintain and improve the quality of life and the environment within the City. A G R E E M E N T NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. 0 Definition of the Project. The Project is a planned community consisting of a maximum of 1, 500 residential units, two eighteen-hole golf courses, a clubhouse and sports facilities, as more particularly described in the development plan attached hereto as Exhibit B ("Development Plan") . The permitted uses of the Property, the density or intensity of use, and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. 2 . 0 Definition of Terms. "Date of Enactment" shall mean the date of the second reading of the ordinance by which the City approves this Agreement. "Effective Date" shall mean that date (thirty days after the Date of Enactment) upon which this Agreement becomes effective, pursuant to state law. 3.0 Property Interest. Sunrise has shown to the City's satisfaction that its interest in the Property meets the requirements of the -3- 1 Development Agreement Law. Sunrise is the owner in fee of the Property. 4 .0 Timing of Annexation. This Agreement shall not become operative unless annexation proceedings annexing the Property to the City are completed within one year from the Effective Date. If the annexation is not completed within the time specified in the Agreement or any extension of the Agreement, the Agreement shall be null and void. 5. 0 Compliance with CEOA. The City has determined that this Agreement is consistent with and within the scope of the Negative Declaration. The City has determined that there are no substantial changes in the Project, or in the circumstances under which the Project will be undertaken pursuant to this Agreement, which involve new significant impacts not considered in the Negative Declaration. Therefore, no further environmental analysis of this Agreement is required under CEQA. 6. 0 Consistency with the General Plan. The designation of the Property in the General Plan is Planned Residential ("P.R. ") 5. The P.R. designation allows the development of residential uses, community facilities, recreational uses and related accessory uses, and other uses or mixtures of residential with country club related commercial uses, as designated on an approved precise plan. The P.R. district is intended to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities, both public and private. The P.R.-5 designation establishes that five residential units per gross acre are permitted. The Project is consistent with this designation because it will incorporate residential and country club related uses in a creative design, and will not exceed five residential units per gross acre. The City has further determined that this Agreement will implement the goals and policies of the General Plan of the City, including the goals of developing a land use pattern that takes optimum advantage of the City's natural assets, providing for an orderly balance of land uses within convenient and compatible locations and creating a distinctive sense of place and identity for each community and neighborhood in the City. 7 .0 Sunrise's Obligations. 7. 1 Development Fees. Sunrise shall pay all fees which are required as conditions of approval for the Project, and/or which are contained in City ordinances or resolutions in -4- effect at the time of Project approval. The fees payable by Sunrise in connection with the Project shall include, but are not limited to, the following: (a) City park fees, pursuant to the Subdivision Map Act; (b) City Art in Public Places fee; (c) school fee payable to Desert Sands Unified School District, based on state law requirements; (d) Transportation Uniform Mitigation Fee, applicable to regional transportation and public works projects; (e) water and sewer fees payable to Coachella Valley Water District; and (f) Fringe-Toed Lizard Fee, payable under the Fringe-Toed Lizard Habitat Conservation Plan 7.2 Mello-Roos Community Facilities District for Cook Street Improvements. The Property shall participate in the proposed Mello-Roos Community Facilities District ("CFD") or assessment district for improvements to Cook Street to the extent determined by the "Special Tax Report" to be filed in connection with the proceedings of the City of Palm Desert, in the office of the City Clerk of the City of Palm Desert. The City and Sunrise hereby acknowledge that the sum of $1, 687 ,712 is a reasonable allocation of public infrastructure costs attributable to the Project. Therefore, the maximum obligation to be imposed on the Property pursuant to the Cook Street CFD or assessment district shall be $1, 687,712 . Sunrise further agrees to advance $50, 000 for the formation of the Cook Street CFD, subject to reimbursement from Mello-Roos bond proceeds. Any Transportation Uniform Mitigation Fees (as more particularly described in Section 7 . 1 herein) shall be credited against the $1, 687,712 Cook Street CFD obligation. The application of this credit is in recognition that the payment of Transportation Uniform Mitigation Fees represents a contribution by the Project to the public infrastructure costs of the Project, and results in a reasonable allocation of public infrastructure costs attributable to the Project. 7. 3 Drainage Facilities. The Project shall be designed to retain drainage from a 100-year storm on-site. If the City imposes a drainage fee applicable to the Property, Sunrise shall receive a fair and equitable credit against this fee. The credit shall be based on the reduction in the City's cost of building drainage improvements attributable to the Project's on-site retention of drainage. Drainage fees for the construction of regional drainage improvements which would be necessary regardless of the on-site drainage, shall be paid in an amount which shall be based on the City of Palm Desert Master Drainage Plan prepared by NBS/Lowry upon its adoption by the Palm Desert City Council. 7 .4 Street Improvements. Sunrise shall provide landscaping and other improvements to all streets directly adjacent to the Property, as follows. All descriptions of street sections are approximate, and are subject to modification without amendment of this Agreement. -5- 2`iJ��•j 7.4. 1 Avenue 42 (Southern Perimeter of the Property) . The northern half of the 100-foot right of way shall be dedicated and improved to include 32-foot driving lanes, a 12-foot landscaped parkway and one-half of the 12-foot landscaped median. In addition, Sunrise shall construct the southern half of the landscaped median adjacent to Oasis Country Club, where the southern half of the street is fully improved but no median exists. 7 .4. 2 Eldorado Drive (Western Perimeter of the Property) . The eastern half of the 110-foot right of way shall be dedicated and improved. The western half also shall be improved, beginning one-half mile south of Country Club Drive (where improvements to the western half now end) and extending one-half mile south to the intersection of Avenue 42 . The construction of these improvements to the western half of Eldorado Drive shall be subject to a reimbursement agreement administered by the City, pursuant to which Sunrise shall be reimbursed for the cost of the improvements when the adjacent land to the west is developed. The Eldorado Drive street section shall consist of 12-foot parkways on both sides, 34 feet of driving lanes in each direction and an 18=foot landscaped median. In addition to the landscaping of the 12-foot parkway, Sunrise shall also landscape 8 feet outside its perimeter wall, for a total of 20 feet of landscaped perimeter on the eastern side of Eldorado Drive. 7.4.3 Oasis Club Drive (Eastern Perimeter of the Property) . The western half of a 100-foot right of way shall be dedicated and improved to include a 12-foot landscaped parkway, 32-foot driving lanes and a 12-foot painted center median. 7.4 .4 Country Club Drive (Northern Perimeter of the Property) . Sunrise has fully improved the southern half of Country Club Drive, adjacent to the Property. The 12-foot parkway shall be landscaped, along with an additional 18 feet outside the Project's north perimeter wall, for a total of 30 feet of landscaped perimeter on Country Club Drive. 7.4.5 Sidewalks. Concrete sidewalks shall be constructed on all four perimeters of the Property. Sidewalk width shall be eight feet on Country Club and E1 Dorado Drives and six feet wide on Oasis Club Drive and 42nd Avenue. 7.4. 6 Traffic Signals. Sunrise shall provide for the conversion of the existing three-way traffic signal on Country Club Drive at the main project entry to a four-way configuration and pay one-fourth the cost of traffic signal installation at the intersections of Country Club Drive and Oasis Club Drive, 42nd Avenue and Oasis Club Drive, and El Dorado Drive and 42nd Avenue. Traffic signalization fees required for the Project may be used as credits against these costs. -6- C'CS 7.5 Time for Commencement. Sunrise shall commence construction of the Project within ten (10) years of the Effective Date of this Agreement. Failure to do so shall be considered a default by Sunrise. Notwithstanding the foregoing, the time for commencement may be extended by agreement of the parties upon a showing by Sunrise of good cause for the extension. 8. 0 Citv's Obligations. 8. 1 Development in Accordance with Existing Approvals. To the fullest extent of the City's authority and jurisdiction, Sunrise shall have a vested right to design, construct, operate and maintain the Project in accordance with the Development Plan, Existing Approvals and the terms of the rules, regulations, and ordinances of the City in effect as of the Date of Enactment of this Agreement ("Local Rules") . The City shall not impose, or seek to impose, any additional requirements, exactions, fees or payments, or dedication or reservation requirements except those expressly set forth in the Reservation of Authority. 8 .2 Timely Application and Processing. The City hereby acknowledges that the timely development of the Project will benefit the public health, safety, and welfare. In recognition of this, the City and Sunrise agree to cooperate in the expeditious processing and review of all applications for further approvals required by the Project. The City shall not impose any exaction or restriction (except requirements relating to the normal processing of applications for development approvals) which would delay, interfere with or impede the commencement or rate of design, construction, development or operation of the Project or any component thereof as contemplated by the Development Plan. 8. 3 Exemption From Construction Moratorium. The City specifically agrees and acknowledges that the Project is exempt from the construction moratorium adopted by the City on or about April 26, 1990, as set forth in Ordinance No. 602 , and from any extensions to the construction moratorium which the City may adopt in the future. 8.4 Review of Subsecruent Applications. The Project, including subsequent applications for approvals necessary for the development of the Project in accordance with the Development Plan, shall not be subject to any changes in the Local Rules or new Local Rules adopted subsequent to the Date of Enactment, which would interfere or conflict with the development of the Project for the uses and to the height, design standards, density and intensity of use specified in the Development Plan, or with the rate of development of the Project, except as otherwise provided by this Agreement, including the Reservations of Authority. The City shall -7- promptly issue any permits which may be required to implement the Development Plan, provided that Sunrise is in compliance with this Agreement and the Local Rules in effect as of the Date of Enactment. 8 . 5 Other Governmental Permits. Sunrise may apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development, design, construction, or operation of the Project in accordance with the Development Plan. The City shall cooperate with Sunrise in its efforts to obtain such permits and approvals and shall assist in expediting LAFCO processing of the annexation of the Property. 8. 6 Cooperation in Formation of CFDs. In addition to the Cook Street CFD described in Section 7. 2, the City and Sunrise intend to consider the formation of one or more CFDs which will include the Property, or a portion thereof, within their boundaries for the purpose of financing various off-site improvements. The City shall use its best efforts to cooperate with Sunrise in the formation and establishment of such CFDs; provided, however, that nothing herein shall prevent Sunrise in its sole discretion from voting against the formation of any CFD, with the exception of the Cook Street CFD. 9 .0 Limitations Reservations and Exceptions. 9. 1 Reservations of Authority. Notwithstanding any other provision of this Agreement, the following rules, regulations and ordinances of the City which may come into effect after the Date of Enactment of this Agreement shall apply to the development of the Property. A. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. B. Changes in regulations governing construction standards and specifications after the effective date of this Agreement which are required by changes in state or federal law or federal laws or regulations, or by changes in the uniform building code, plumbing code, mechanical code, electrical code, fire code and grading code. C. Processing fees and charges of every kind and nature imposed by the City, on a uniform City-wide basis at the time such fees are due, to cover the estimated actual costs to the City of processing applications for development approvals or for monitoring compliance with any development approvals granted or issued. -8- D. Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to project the public health and safety; to the extent possible, any such regulation shall be applied and construed so as to provide Sunrise with the rights and assurances provided under this Agreement. E. Regulations applied with the written consent of Sunrise. 9. 2 Future Regulations. Nothing herein shall prevent the City, in subsequent discretionary approvals for the Project, from applying new rules, regulations, or ordinances (1) not inconsistent or in conflict with the Local Rules or with the purposes and conditions of this Agreement, and (2) which do not interfere or conflict with the height, density or intensity set forth in the Development Plan or with the rate of development selected by Sunrise. 9 .3 State and Federal Laws and Regulations. The Project shall be subject to existing and future state and federal laws and regulations, together with any City land use regulations, programs and actions, or inaction, which are reasonably (taking into consideration, among other things, the assurances provided to Sunrise hereunder) adopted or undertaken by the City in order to comply with state and federal laws and regulations; provided, that in the event that state or federal laws and regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state and federal laws and regulations. In such event, this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws and regulations and that performance of the remaining provisions would not be inconsistent with the intent and purposes of this Agreement. 9.4 Full Extent of Law. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to the City all of its police power which cannot be so limited. 10.0 Periodic Review of Compliance. 10. 1 Planning Commission Review. The Planning Commission, at a public hearing, shall conduct a compliance review of this Agreement within six months from the Date of Enactment, and annually thereafter. At least one week prior to the Planning Commission compliance hearing, Sunrise shall submit a letter to the Planning Commission, demonstrating its good faith compliance with this Agreement. If the Planning Commission finds that Sunrise has demonstrated good faith compliance with this Agreement, the annual review shall be deemed concluded. -9- 10.2 Anneal to City Council. If the Planning Commission finds and determines on the basis of substantial evidence that Sunrise has not complied in good faith with this Agreement, the Planning Commission shall (1) specify actions to be taken to cure the default under the Agreement, (2) propose the modification of the Agreement, or (3) propose the termination of the Agreement. Sunrise shall have the right to appeal any portion of any such action to the City Council within thirty days of the date of the Planning Commission action. 10. 3 City Council Action. Upon appeal by Sunrise pursuant to Section 10.2 herein, the City Council shall conduct a hearing to determine whether Sunrise is in good faith compliance with this Agreement. If the City Council determines that Sunrise is in good faith compliance, the annual review process shall be deemed completed. If the City Council finds that Sunrise has not complied in good faith with this agreement, it shall (1) specify actions to be taken to cure the default under the Agreement, (2) modify the Agreement, or (3) terminate the Agreement. 11. 0 Term. This Agreement shall commence on the Effective Date and shall continue in effect for twenty years from the Effective Date. This term is intended to provide sufficient time for the full repayment of the bonds to be issued by the CFD referred to in Section 7 .2 , or of any other debt obligations incurred in lieu of such bonds. If the parties determine that a longer period is necessary to achieve the purpose stated herein, the term of this Agreement may be extended by the further written agreement of the parties in accordance with Section 12. 3 . 12 .0 Amendment. 12. 1 Initiation of Amendment. Either party may propose an amendment to this Agreement. Except as otherwise provided herein, cancellation or amendment shall follow the notice and hearing requirements established by applicable law for the consideration of development agreements. 12.2 Insubstantial Deviations from Development Plan. Any insubstantial deviation from the Development Plan with respect to the location, size, or height of structures, streets, and other physical facilities, as determined by the Director of Planning, may be approved by the person or body with authority to approve the plans for such facilities without amendment of this Agreement, in accordance with City policy. Insubstantial deviations shall include, without limitation, the introduction of different housing product types and the replotting of the locations of houses, so long as such -10- 1 deviations are not inconsistent with (a) the permitted uses described in Exhibit B, and (b) City policy in effect at the time of entry into this Agreement. 12. 3 Administrative Interpretations Not in Conflict With Purposes of This Agreement. Upon agreement of the parties hereto, memoranda of administrative interpretation may be entered into regarding any aspect of this Agreement which does not relate to permitted uses, density or intensity of use, height or size of buildings, provisions for reservation of land, conditions, restrictions and requirements relating to subsequent discretionary approvals, rate of development, or the term of the Agreement. 13.0 Partial Invalidity. If any material provision of this Agreement is determined to be void, invalid, or illegal by a final judgment of a court of competent jurisdiction, the parties may (a) amend this Agreement pursuant to the procedures set forth herein, or (b) by mutual agreement of the parties, terminate the Agreement. 14.0 Enforceability. It is acknowledged and agreed by the parties hereto that any assurances provided to Sunrise with respect to the imposition of additional exactions, regulations, or restrictions affecting permitted uses, intensity of use, density, height, or the rate of development of the Project are (a) intended to be relied upon by Sunrise; (b) made in exchange for valuable and adequate consideration provided by Sunrise in the form of covenants and commitments as set forth in this Agreement; and (c)Ag made with the understanding that such assurances will not be amended, changed, or increased except as provided herein. 15.o Remedies. 15.1 Specific Performance. The parties agree and understand that a breach of this Agreement may result in irreparable harm to the non-breaching party, and that specific performance of this Agreement is a proper and desirable remedy. 15.2 Withdrawal. In the event that Sunrise is unable to construct and operate the Project in a manner set forth in the Development Plan and this Agreement because of (a) this Agreement or any portion hereof being determined to be invalid or unenforceable, (b) the imposition of any exaction, restriction, or change in the Local Rules not specifically provided for in this Agreement, or (c) Sunrise reasonably determining that the Project, despite good faith efforts, is economically infeasible, in addition to any other remedy which it might possess, Sunrise shall have the right upon written notice to the City to withdraw from this Agreement. -11- � +• r Fr. Thereafter, the City and Sunrise shall be released from any and all further liabilities or obligations hereunder. Sunrise's notice to the City that it is withdrawing from this Agreement shall constitute a waiver of Sunrise's rights hereunder and the Project shall be subject to City review according to the rules and regulations in existence at that time. 16.0 Mortgagee Protection. No breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any deed of trust or mortgage made in good faith and for value, and no holder of a deed of trust or mortgage ("Mortgagee") shall have an obligation or duty under this Agreement to perform Sunrise's obligations or to guarantee such performance. Notwithstanding the foregoing, any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a Mortgagee (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise) , shall be subject to all of the terms and conditions contained in this Agreement. 17.0 Miscellaneous Provisions. 17. 1 Incorporation of Exhibits. Exhibits A and B, attached hereto, are incorporated herein by this reference. 17 .2 No Agency Created. It is understood and agreed to by the parties that the Project is a private development, that neither party is acting as the agent of the other in any respect and that no partnership, joint venture or other association of any kind is formed by this Agreement. 17.3 Force Majeurg. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond such party's control, government regulations, court actions (such as restraining orders or injunctions) or other causes beyond such party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance, provided that the terms of this Agreement shall not be extended for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. 17. 4 No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the parties and their successors and assigns. No third-party beneficiaries ` are created by this Agreement. -12- 17. 5 Assignment. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the City; provided, however, that such approval shall not be unreasonably withheld. This Agreement shall benefit and bind all subsequent transferees. Express assumption of any of the obligations hereunder by any transferee permitted by this paragraph shall relieve the transferor from any assumed obligation. 17.6 Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement. 17.7 Recitals. The recitals to this Agreement constitute part of this Agreement. Each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement. 17 .8 Further Actions and Instruments. Upon the request of either party, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments or writings, including estoppel certificates, and take any actions that may be reasonably necessary under the terms of this Agreement to carry out the intent, fulfill the provisions, and evidence or consummate the transactions contemplated by this Agreement. 17. 9 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Ramon A. Diaz ACM/Director of Planning To Sunrise: Sunrise Desert Partners 42-600 Cook Street, Suite 200 Palm Desert, California 92260 Attn: Phillip K. Smith, Jr. with a copy to: Nossaman, Guthner, Knox & Elliott 650 Town Center Drive, Suite 1250 Costa Mesa, California 92626 Attn: Jean O. Melious, Esq. Any notice given as required herein shall be deemed given seventy-two hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in writing to the other party as required herein. -13- 17. 10 Construction of Agreement. The captions in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 17. 11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same . instrument. 17 . 12 Hold Harmless. Sunrise agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the direct or indirect operation of Sunrise or those of its contractors, subcontractors, agent, employee, or other person acting on its behalf which relate to the Project. Sunrise agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Sunrise's activities in connection with the Project. This provision applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project. It does not apply to negligent acts or omissions by the City. Sunrise further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Agreement. 17 . 13 Reimbursement of Costs. Sunrise shall pay to City its direct costs associated with entering into this Agreement, as shown on itemized City invoices. Such costs shall be paid prior to issuance of final approvals. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below, as of the day and year first above written. Date: '" Z�'-9� "City" CITY OF PALM DESERT / y Sy Its -14- Date: 2 - / 2 - 9 / "Sunrise" SUNRISE DESERT PARTNERS By Sunrise Corporation Its General Partner By Its CX�Gc� vt �r �e /�/=cS. os'e .✓�' Date: 06/05/91 APPROVED /: O FORM: City ttorney City of Palm Desert Date: 06/07/91 ATTEST: City Clerk City of Palm Desert' CAT. NO.NNO0636 TO 1954 CA(9-64) (Corporation as a Partner of a Partnership) J TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Riverside �' 205654 On Feb. 12. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Phi11iD R Smith Jr i personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Executive Vice President, per9sna_ , _ imewn to Foe of _ved . L L Of Sunrise Corporation the corporation that executed the within instrument on behalf of Sunrise Desert Partners •�••"••"' "•`•• ~ the partnership that executed OFFICIAL SM the within instrument, and acknowledged to me that such emy ALLAN R. LEVIN EAWcorporation executed the same as such partner and that � R PJALOFFIEINsuch partnership executed the same. RIVE OO�UN" WITNESS hand and seal. jm Esp Aug.21,1992 Signature (This area for official notarial seal) 2�5654 C521886 EXHIBIT "A" DESCRIPTION The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: DIVISION I PARCEL 1: All that portion of the West half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, more particularly described as follows: Beginning at the Northeast corner of said West half; thence South 89010145" West, on the North line of said West half, 1,330.18 feet, to an intersection with the Northerly prolongation of the West line of Parcel 1, as shown by Record of Survey on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California; thence South 000021330 West, on said Northerly prolongation and on said West line, 5,317.88 feet to the Southwest corner of said Parcel 1; thence North 89028115' East, on the South line of said Parcel 1, 1,325.54 feet to the Southeast corner thereof; thence North 00005130N East, on the East line of said Parcel 1 and the Northerly prolongation thereof, 5,324.71 feet to the point of beginning; Said property is also shown as Parcel 1 of Record of Survey on file in Book 35, Page 13 of Records of Survey, Records of Riverside County, California; EXCEPT that portion described in the deed to the County of Riverside by document recorded August 11, 1972 as Instrument No. 107739 of Official Records of Riverside County, California. -16 - . zosss� C521886 EXHIBIT "A" (Cont ' d. ) PARCEL 2• The West half of the Northeast quarter and the North half of the Northwest quarter of the Southeast quarter of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, as shown by United States Government Survey; EXCEPT the Northerly 44.00 feet thereof, as described in the deeds to the County of Riverside recorded March 31, 1958 as Instrument No. 23189 in Book 2246, Page 519 and on April 15. 1958 as Instrument No. 27209 in Book 2255, Page 236 both respectively of Official Records of Riverside County, California. PARCEL 3: The East half of the East half of the East half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California; EXCEPT the North 44.00 feet thereof, described in the Deeds to the County of Riverside, by deeds recorded March 31, 1958 in Book 2246, Page 519 as Instrument No. 23189 and on April 15, 1958 in Book 2255, Page 236 as Instrument No. 27209 both respectively of Official Records of Riverside County, California; ALSO EXCEPT the Southeast quarter of the Southeast quarter of said section. PARCEL 4• The South half of the Southeast quarter and the South half of the Northwest quarter of the Southeast quarter of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof. - 17 - 2�565 } C521886 EXHIBIT "A" (Cont' d. ) DIVISION II All that portion of the West half of the West half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof, described as follows: Beginning at the Northeast corner of said West half of Section 11; thence South 89010145/1 West on the North line of said West half, 1,330.18 feet, to an intersection with the Northerly prolongation of the West line of Parcel 1, as shown by Record of Survey, on file' in Book 35, Page 13 of Records of Survey, Records of Riverside County, California and the true point of beginning; thence South 0000213311 West on said Northerly prolongation and on said West line, 5,317.88 feet to the Southwest corner of said Parcel 1; thence South 890281150 West on the South line of Parcel 2 as shown by said Record of Survey, 1,330.58 feet to the Southwest corner thereof; thence North 00005,0011 East on the West line of Parcel 2, 2,655.61 feet to an angle therein; thence North 00000145" East on said West line and the Northerly prolongation thereof, 2,655.51 feet to the Northwest corner of Section 11; thence North 89010145/1 East on said North line of said West half, 1,330.18 feet to the true point of beginning. EXCEPT that portion described by deed to Southern California Edison Company, a California corporation recorded October 26, 1982 as Instrument No. 184850. DIVISION III The West half of the East half of the East half of Section 11, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of California, according to the official plat thereof. EXCEPT the North 44.00 feet, described by deeds to the County of Riverside recorded March 31, 1958 in Book 2246, Page 519 and April 15, 1958 in Book 2255, Page 236, Records of Riverside County. ALSO EXCEPT the Southeast quarter of the Southeast quarter of said section. Note: Said land is also known as all that property lying within the boundaries of Tentative Tract 261239 a portion of said land is to be resubdivided into Tract 26757. - 18 - 2�.;654 EXHIBIT B Development Plan 1. Permitted Uses of the Property Housing, including single family detached one- and two-story homes and attached homes containing from two to six units per building; Two eighteen-hole golf courses and ancillary facilities, including but not limited to maintenance facilities, half-way houses with snack shops and rest rooms; Entry complexes; Sales, resales and rentals building; A clubhouse, including golf, tennis and health spa facilities, dining rooms, freestanding grill room/snack shop, lounges, banquet and meeting rooms, golf pro shops, a tennis and spa pro shop, at least fourteen tennis courts (seven night-lighted) , four night-lighted paddle tennis courts, two night-lighted croquet courts, swimming pools, locker room facilities, child care center and teen activity room. The power source for the building may consist of a cogeneration facility. 2 . Maximum Heights of Buildings The maximum height of residential buildings will be 30 feet. The maximum height of the clubhouse will be 60 feet. The maximum height of ancillary golf facilities (including golf maintenance facilities, half-way houses with snack shops and rest rooms) will be 30 feet. The maximum height of entry complexes will be 30 feet. The maximum height of the sales, resales and rentals building will be 30 feet. -19- 265654 3 . Density and Intensity of Use; Maximum Size of Buildings Residential: No more than 1,500 homes shall be constructed. This constitutes a density of approximately 2.35 units per acre. Homes shall range in size from 1, 2Q0 'to 4, 000 square feet. Clubhouse: The clubhouse shall not exceed 125, 000 square feet in size. The freestanding grill room/snack shop shall not exceed 5, 000 square feet. Ancillary golf facilities, including golf maintenance facilities, half-way houses with snack shops and rest rooms, shall not exceed 40,000 square feet. Entry complexes shall not exceed 7,500 square feet. The sales, resales and rentals building shall not exceed 5, 000 square feet. ORI:JJF:54 C90MV oV pad M o o 0 lm 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA92260 TELEPHONE(619)346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: January 16, 1991 Sunrise Desert Partners 42-600 Cook Street, Suite #200 Palm Desert, CA 92260 Re: TT 26757 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of January 15, 1991. PLANNING COMMISSION APPROVED TT 26757 BY ADOPTION OF RESOLUTION NO. 1490. CARRIED 3-0-1 (COMMISSIONER JONATHAN ABSTAINED, DOWNS WAS ABSENT) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15 ) days of the date of the decision. R M N�Ary DIAZ, C ARY PALM DESERT PLANNI COMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 1490 r NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the, above recitations are true and correct and constitute the findings of the commission in this case. 2. That Tentative Tract Map No. 26757 is hereby approved for the reasons set forth in this resolution and in the staff report dated January 15, 1991 and subject to the attached conditions, Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January, 1991, by the following vote, to wit: AYES: ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: DOWNS ABSTAIN: JONATHAN q d�f'c'Y i CAROL WHITLOCK, Chairperson 4 ATTEST:Y'/f �� RAMON A. DIAZ, Secretary SRS/tm 2 PLA.' -NG COMMISSION RESOLUTION . 1490 v A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN 18 LOT TENTATIVE TRACT MAP FOR FINANCIAL PURPOSES ONLY IN SECTION 11 T5S R63. CASE NO. TT 26757 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January, 1991, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for approval of TT 26757 creating 18 lots for financial purposes in Section 11, T5S R6E; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the map for financial purposes only is not a project for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify approval of said map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans as determined in the processing of TT 26123. (c) That the site is physically suitable for the type of development which was approved under TT 26123. (d) That the site is physically suitable for the proposed density of development which was determined in TT 26123. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as was determined in TT 26123. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems as was determined in TT 26123. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision as was determined in TT 26123. WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. :PLANNING COMMISSIO*SOLUTION NO. 1490 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. TT 26757 Department of Community Development/Planning: All department of community development/planning conditions applied to Vesting TT 26123 shall be applicable to this map. Department of Public Works: 1 . All public works department conditions applied to Vesting Tentative Tract Map No. 26123 shall be applicable to this map. 2. Final map approval shall be subject to the completion of annexation proceedings affecting this property. SRS/tm 3 _ RECEIVED APR 91991 COMMUNITY DEVELOPMENT DEPARTMENT OV NAM B&(n�l IS f CITY OF PALM DESERT 77333-5100SSFRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 I April 9. 1991 Mr. Dennis C. Bazant Real Properties Agent SOUTHERN CALIFORNIA EDISON COMPANY 100 Long Beach Boulevard, Room 1012 Long Beach, CA 90802 SUBJECT: TRACT 26757 -- SUNRISE DESERT PARTNERS Dear Mr. Bazant: This letter is being written in response to your communication with Ms. Debra Gardner of Engineering Service Corporation regarding the above- referenced tract. Tract 26757 is being processed by the City of Palm Desert for Sunrise Desert Partners for financing purposes only. There are no improvements required or proposed to be installed under the subject tract. All of the physical public/private improvements for the property in question will be provided under Tract 26123 subsequent to the recordation of Tract 26757. Ms. Gardner indicated that in order for Southern California Edison Company to issue a non-interference letter for Tract 26757, a letter from the City of Palm Desert will need to be provided to you stating this fact. I hope this letter is sufficient for those purposes. If you need any additional information, please contact the undersigned at Palm Desert City Hall . Very truly youp, RICHARD J. FOLKERS, P.E. ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR RJF:JSG/ms cc: ebra A. Gardner, Engineering Services Corporation Ray Diaz, Asst. City Manager/Community Development Director Joseph S. Gaugush, Senior Engineer MINUTES PALM DESERT PLANNING . OMMISSION JANUARY 15, 1991 that a two story use in this location was inappropriate and should be made less imposing. Chairperson Whitlock reopened the public testimony for PP 90- 26, VAR 90-7, GPA 90-4 and the Change of Zone. Action• Moved by Commissioner Richards, seconded by Commissioner Erwood, continuing PP 90-26, VAR 90-7, GPA 90-4 and Change of Zone to February 19, 1991 . Action• Moved by Commissioner Richards, seconded by Commissioner Erwood, approving the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1489, recommending approval of PP 90-28, VAR 90-8, GPA 90-4, and C/Z ///90-14 to city .council . Carried 4-0. Case No. TT 26757 - SUNRISE DESERT PARTNERS, Applicant Request for approval of a tentative tract map for a subdivision of 18 lots for financial purposes only, located in the PR-5 zoned property south of Country Club Drive, east of El Dorado, north of 42nd Avenue and west of Oasis Club Drive. Mr. Smith outlined the salient points of the staff report and noted that the city attorney indicated that this was not a project for purposes of CEQA. Staff indicated that this tentative tract map was for financial purposes only and recommended approval . Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. ALAN LEVINE, Vice President of Sunrise, 42-600 Cook Street, informed commission that he was present to answer any questions. Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Action• 8 MINUTES PALM DESERT PLANNING UOMMISSION JANUARY 15, 1991 Moved by Commissioner Erwood, seconded by Commissioner Richards, approving the findings and presented by staff. Carried 3-0-1 ( Commissioner Jonathan abstained) . Moved by Commissioner Erwood, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1490, approving CUP 90-23, subject to conditions. Carried 3-0-1 ( Commissioner Jonathan abstained) . I. Case No. ZOA 90-5 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the zoning ordinance to delete "supermarkets" in excess of 20, 000 gross square feet as permitted uses in the regional commercial PC(3 ) zone. Mr. Smith outlined the salient points of the staff report. He explained that the amendment would require a super market in the PC(3 ) zone to be greater than 20, 000 square feet. He indicated that this would go to city council for adoption. After questioning, Mr. Smith explained that there was zoning available in the north sphere, but none on Highway 111. He indicated that this amendment could effect Von' s in the event that it was destroyed. Chairperson Whitlock opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the amendment. There was no one and the public testimony was closed. Action• Moved by Commissioner Richards, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1491, recommending approval of ZOA 90-5 city council. Carried 4-0. VIII. MISCELLANEOUS None. IX. ORAL COMMUNICATIONS 9 123538P ad2 12 19 90 PROOF OF PUBLICATION (2015.5 C.C.P) Proof of Publicafion of: 'Ibis space is for the County Clerk's ding Stamp PALM DESERT PLANNING COMMISSION Case No. TT 26757 JAN 2 4 1991 1,ifa.J� ✓:mil 1. 1 CITY OF PALM DESERT i LEGAL NOTICE ' CASE NO. TT 26757NOTCE IS A hearing wll held Ibefo eFthe Palm IDe ertn Plane gcCommissioln bt� STATE OF CALIFORNIA, consider a request by SUNRISE DESERT PARTNERS for County of Riverside,I am a citi- approval of a tentative tract map for a subdivislon of 18101' Zen of the United States and a re- Property financial purposes only, located In the PR-5 zone-1 Property south of Country Club,east of El Dorado,north of - sidcnt of the County aforesaid;I . 42nd Avenue and west of Oasis Club Drive being section am over the age of eighteen years, 11. T5S R6E. ' and not a pony to or interested in SAID public neeeg will be held on Tuesday.January 16. theabove-cm6ded matter.I am the 1991. at 7:00 P.M. in the Council Chamber at the Palm Desert civic Center, 73-510 Fred Waring Drive. Palm - principal clerk of Lheprinlerof the Desert.California. at which lime and place an interested Desert Post,a newspaper of gen- Persons are invited to attend and be heard. Written l lll and lib- comments Concerning all Items covered by co Crfl circulation.printedP this public hearing notice shall be accepted up to the date of tfle lished bi-weekly in the City of hearing. Information concerning the proposed prolebi Palm DCSCrt County of Riverside, and/or negative declaration is available for review In the d which newspaper has been department of community development/planning at ire an above address between the hoursof 8:00 a.m.and 4:30 adjudged a newspaper of general P.M.Monday through Friday.It you challenge the proposeC circulation by the Superior Court actions in court,you may be limited to raising only those f II1C Colin[ of RIVCfS1dC,Stale Issues you or someone else raised at the public hearing O Y aesoibed in cots nonce, or In written mrrespondende of California, under the date of delivered to me planning commission(or city council)at.er 10/5, 1964,Case Number 83658; Prior to, the public hearing. . r. that the notice, of which the an- RAMON A. DIAZ. Secretary printed d is a r Palm Desert Planning Commission ncxe P copy (set in (PUB. D.P. DEC. 19. 1990) type not smaller than nonpareil), has been published in each regu- lar and entire issue of said news- paper and not in any supplement thereof on the following date,to- wit: 12/19 all in the year 1990.1 terrify,(or declare) under penalty of perjury that the foregoing is we and correct. Dated at Palm Desert California, this 19th day of December,1990 (Signed) CITY OF PALM DESERT DEP,. _MENT OF COMMUNITY DEVELOf_ -NT r STAFF REPORT TO: Planning Commission DATE: January 15, 1991 CASE NO: TT 26757 REQUEST: Approval of a tentative tract map for a subdivision of 18 lots for financial purposes only, located in the PR- 5 zoned property south of Country Club Drive, east of E1 Dorado, north of 42nd Avenue and west of Oasis Club Drive being section 11, T5S R6E. APPLICANT: Sunrise Desert Partners 42-600 Cook Street, Suite #200 Palm Desert, CA 92260 I. BACKGROUND• Planning commission and city council approved a subdivision map for 1278 condominium units on this site (vesting TT 26123 ) . When the property is annexed to the city the project will be in a position to commence. II . CURRENT PROPOSAL: This second tentative map proposes to create 18 lots for financing purposes only. All conditions and site design details applicable to TT 26123 will be applicable to this map. This map TT 26757 will not confer any additional development rights not already provided by TT 26123. The 18 lots correspond to the residential and golf course areas. This will allow Sunrise Desert Partners to use different lenders for the golf courses and the residential components. The golf course property then will secure the loan for the golf course development and the residential property will secure the loan for the residential development. III. FINDINGS FOR APPROVAL OF A TENTATIVE MAP: Prior to approving a tentative tract map planning commission must affirm the following findings: ( a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. ( c ) That the site is physically suitable for the type of development. A STAFF REPORT TT 26757 JANUARY 15, 1991 (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As noted previously the development rights for this property are determined by Vesting TT 26123 subject to the conditions imposed on that map. This map is for financing purposes only. The findings for Vesting TT 26123 are applicable to this TT 26757. Therefore, staff concludes that the required findings can be affirmed. III. CEQA REVIEW: A tentative tract map for financing proposes which overlays a previously approved vesting tentative map is not a project for the purposes of CEQA. No further documentation is necessary. IV. RECOMMENDATION: Approve the findings and adopt Resolution No. approving TT 26757 subject to conditions. V. ATTACHMENTS• A. Draft resolution. B. Legal notice. C. Comments from public works D. Exhibit Prepared by Reviewed and Approved by SRS/tm 2 r PLANN COMMISSION RESOLUTION N� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN 18 LOT TENTATIVE TRACT MAP FOR FINANCIAL PURPOSES ONLY IN SECTION 11 T5S R63. CASE NO. TT 26757 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January, 1991, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for approval of TT 26757 creating 18 lots for financial purposes in Section 11, T5S R6E; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the map for financial purposes only is not a project for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify approval of said map: ( a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans as determined in the processing of TT 26123. (c) That the site is physically suitable for the type of development which was approved under TT 26123. (d) That the site is physically suitable for the proposed density of development which was determined in TT 26123. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as was determined in TT 26123. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems as was determined in TT 26123. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision as was determined in TT 26123. WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. PLANNING COMMISSION I )LUTION NO. r NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Tentative Tract Map No. 26757 is hereby approved for the reasons set forth in this resolution and in the staff report dated January 15, 1991 and subject to the attached conditions, Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January, 1991, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION 1 OLUTION NO. EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. TT 26757 Department of Community Development/Planning: All department of community development/planning conditions applied to Vesting TT 26123 shall be applicable to this map. Department of Public Works: 1 . All public works department conditions applied to Vesting Tentative Tract Map No. 26123 shall be applicable to this map. 2. Final map approval shall be subject to the completion of annexation proceedings affecting this property. SRS/tm 3 r INTEROFFICE ME110RARDUA TO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: TENTATIVE TRACT MAP NO. 26757; SUNRISE COMPANY DATE: January 3, 1990 The following should be considered conditions of approval for the above- referenced project: (1) All Public Works Department conditions applied to Vesting Tentative Tract Map No. 26123 shall be applicable to this map. (2) Final map approval shall be subject to the completion of annexation proceedings affecting this property. - ------------- ----- RICHARD J. FOLKERS, P.E. (pt�aps1G161S1.cndl Y l GDf� og P��].. Bno KWGA 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 December 17, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 26757 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by SUNRISE DESERT PARTNERS for approval of a tentative tract map for a subdivision of IS lots for financial purposes only, located in the PR-5 zoned property south of Country Club, east of El Dorado. north of 42nd Avenue and west of Oasis Club Drive being section 11, T55 R6E. i•• 'i PALM VALLEY _•i I � TnTTIT PILG LCI •,••,,L•••••'"......1 CW1::flY CWB ONI VF—�' L LAYS R 30fl I(R _ a $VOJECT PROPERTY lo III 1 2 F PR.�S :i�\ l w 3 w ]N <t C<i C PV[ 11 I CJ F� (7 �L _ SAID public hearing will be held on Tuesday, January 15, 1991, at 7:00 p.m. In the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all Items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary December 19, 1990 Palm Desert Planning Commission CITY OF PALM DESERT DEPn..fMENT OF COMMUNITY DEVELOPmENT STAFF REPORT TO: Planning Commission DATE: January 15, 1991 CASE NO: TT 26757 REQUEST: Approval of a tentative tract map for a subdivision of 18 lots for financial purposes only, located in the PR- 5 zoned property south of Country Club Drive, east of E1 Dorado, north of 42nd Avenue and west of Oasis Club Drive being section ll, ,.T5S R6E. APPLICANT: Sunrise Desert Partners 42-600 Cook Street, Suite #200 Palm Desert, CA 92260 I. BACKGROUND• Planning commission and city council approved a subdivision map for 1278 condominium units on this site (vesting TT 26123 ) . When the property is annexed to the city the project will be in a position to commence. II. CURRENT PROPOSAL: This second tentative map proposes to create 18 lots for financing purposes only. All conditions and site design details applicable to TT 26123 will be applicable to this map. This map TT 26757 will not confer any additional development rights not already provided by TT 26123 . The 18 lots correspond to the residential and golf course areas. This will allow Sunrise Desert Partners to use different lenders for the golf courses and the residential components. The golf course property then will secure the loan for the golf course development and the residential property will secure the loan for the residential development. III. FINDINGS FOR APPROVAL OF A TENTATIVE MAP: Prior to approving a tentative tract map planning commission must affirm the following findings: ( a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c ) That the site is physically suitable for the type of development. SirAFF REPORT TT 26757 JANUARY 15, 1991 (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As noted previously the development rights for this property are determined by Vesting TT 26123 subject to the conditions imposed on that map. This map is for financing purposes only. The findings for Vesting TT 26123 are applicable to this TT 26757. Therefore, staff concludes that the required findings can be affirmed. III. CEQA REVIEW: A tentative tract map for financing proposes which overlays a previously approved vesting tentative map is not a project for the purposes of CEQA. No further documentation is necessary. IV. RECOMMENDATION: Approve the findings and adopt Resolution No. approving TT 26757 subject to conditions. V. ATTACHMENTS• A. Draft resolution. B. Legal notice. C. Comments from public works D. Exhibit Prepared by Reviewed and Approved by SRS/tm 2 i PLAN?" 3. COMMISSION RESOLUTION N A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN 18 LOT TENTATIVE TRACT MAP FOR FINANCIAL PURPOSES ONLY IN SECTION 11 T5S R63. CASE NO. TT 26757 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January, 1991, hold a duly noticed public hearing to consider the request of SUNRISE DESERT PARTNERS for approval of TT 26757 creating 18 lots for financial purposes in Section 11, T5S R6E; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the map for financial purposes only is not a project for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify approval of said map: ( a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans as determined in the processing of TT 26123. (c) That the site is physically suitable for the type of development which was approved under TT 26123. (d) That the site is physically suitable for the proposed density of development which was determined in TT 26123. ( e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as was determined in TT 26123. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems as was determined in TT 26123. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision as was determined in TT 26123. WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. MANNING COMMISSION IOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Tentative Tract Map No. 26757 is hereby approved for the reasons set forth in this resolution and in the staff report dated January 15, 1991 and subject to the attached conditions, Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January, 1991, by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION I OLUTION NO. EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. TT 26757 Department of Community Development/Planning: All department of community development/planning conditions applied to Vesting TT 26123 shall be applicable to this map. Department of Public Works: 1 . All public works department conditions applied to Vesting Tentative Tract Map No. 26123 shall be applicable to this map. 2 . Final map approval shall be subject to the completion of annexation proceedings affecting this property. SRS/tm 3 INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: TENTATIVE TRACT MAP NO. 26757; SUNRISE COMPANY DATE: January 3, 1990 The following should be considered conditions of approval for the above- referenced project: (1) All Public Works Department conditions applied to Vesting Tentative Tract Map No. 26123 shall be applicable to this map. (2) Final map approval shall be subject to the completion of annexation proceedings affecting this property. ,RICHARD J. FOLKERS, P.E. (ptnapslte26767.csd) �N� I(�'` M 11 I� III' �•/] 4( 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 December 17, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 26757 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by SUNRISE DESERT PARTNERS for approval of a tentative tract map for a subdivision of 18 lots for financial purposes only, located in the PR-5 zoned property south of Country Club, east of El Dorado, north of 42nd Avenue and west of Oasis Club Drive being section 11 , T5S R6E. F. - I I AVONOALE PALH VFLLEY I � �.. REGENCY ,••'• ••, PALMS '} � COUNTRY CLUB DRIVE I 'I I LAKES W RESORTER I L.—• SUBJECT PROPERTY o c Ui 0 e P w PR. 5 UJ o �� On .II I .u,ru n,,,,gp,yanrr>n•{'..• 42rd I • AVEIAR O .I � Z JILJ \ q[�-W• NO Og1V E-W• NO Og1VE I .. SAID public hearing will be held on Tuesday, January 15, 1991 , at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or pri'ur to, the public hearing. i PUBLISH: Desert Post RAMC)! A. DIAZ, Secretary December 19, 1990 Palm'Desert Planning Commission 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 December 17, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 26757 NOTICE 15 HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Cofmlission to consider a request by SUNRISE DESERT PARTNERS for approval of a tentative tract map for a subdivision of 18 lots for financial purposes only, located in the PR-5 Zoned property south of Country Club, east of El Dorado, north of 42nd Avenue and west of Oasis Club Drive being section it, T55 R6E. �i ii i i AvwmAlE - - PAUI VAUEY .av_ 1 RJ RE ICY P •'.. .L........y.. CDW::RY CLUB DRIVE P I LAFS '� flfSOfl l[fl "—�� l ° SUDJf❑ PflOPFflR 3 1- . I I m PR 5 ' 4I,E PV(1111 �N li to SAID public hearing will be held on Tuesday, January 15, 1991, at 7:00 p.m. In the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are Invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described In this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary December 19, 1990 Palm Desert Planning Commission 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 January 11, 1991 Mr. Stephen M. Fleishman 1901 Avenue of the Stars Suite 931 Century City, California 90067 Regarding: Case No. TT 26757 Letter of December 28, 1990 Dear Mr. Fleishman: Please be advised that this section of land was previously reviewed and approved on December 13, 1990 for a 1270 unit residential project bordering on two 18-hole golf courses under cases Vesting TT 26123 and PP 90-21. Heights of the various residential units range from 1 to 2 stories and 18 to 26 feet in height. The 18 lots for financial purposes overlay the entire section of land. Essentially, the lots allow for distinguishing between golf course areas and residential areas. This will allow the developer to work with several banks in financing the various aspects of the project. The golf course land then will secure the loan on the golf course construction and the residential land will secure the loan for the units. I trust this is the information which you require. If we can be of any further assistance, please do not hesitate to contact the undersigned. Yours truly, STEPHEN R. SMI1PH ASSOCIATE PLANNER SS/db Stephen M. Fleishman STEPHEN M. FLEIS HMAN" ggEq CODE 213 ISO] AVENUE OF THE STARS ANTHONY W. HART TELE PHONE 27T-3338 ELVA J. BRINEGAR SUITE NINE THIRTY-ONE FAX 277-7I0B MICHAEL A. MARINO CENTURY CITY, CALIFORNIA S0067 OF COUNSEL 'A PROFESSIONAL CORPORATION December 28, 1990 CABLE ADDRESS 'SABLEJET' RECEIVED JAN 10 1991 COMMONRY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: Raymond A. Diaz, Secretary Palm Desert Planning Commission In Re: Sunrise Desert Partners Property designated PR-5 Hearing January 15, 1991 Case No. TT26757 Gentlemen: Acknowledge receipt of your notification of December 17, 1990 relative to the eighteen lots for financial purposes only. However, from what you sent it's absolutely impossible to tell where those lots are proposed to be going. I presume somewhere on Country Club but cannot tell. Kindly forward to me information sufficient for me to tell exactly where within the subject property those lots for financial purposes are pro to be located what the height restrictions would y ul rs, ph M. Fleishman SMF: 102 pALN DD CSC 4 PCRX 6a 2 PTICklY Peer Lane, PsOm DeNdrtit C4L,2=60 SUBDIVISION MAP 141PPLOCA710 9 fFORFW: d*Partm4m 4 of $nW1Mnn1GnW "rVI " a Planning dlybodmn a Sunrise Desert Partners ADolioant tow" Dnnt) 42-600 Cook St. , Ste. # 200 ( 6191568-2828 Mailing Adtlrea TNeonono Palm Desert CA city Palm rate Z)D-Code REQUEST! (Do= a speoine nature of apawal raduestad). Request approval of Tentative Map No 26757 a subdivision of land for financing purposes . PROPERTY DESCRIPTION: Section 11 , Township 5 South, Range 6 Fact BM fire + a Country Club Dr. between E1 Dorado Dr - a 0asjq Club nr 1 ASSESSOR'S PARCEL NO. 632-020-006 thru 010 . and 632-020_01 3 and 016 EXISTING ZONING PR-5 Preperty Owner Autharttatlon The InOragnM tort,_ no Owner W a sae M odKty deeerioed herein and taretly give author Sunrise Desert Partners, Itatlen far tfa fMrtq at, M A Limited Partnership .�. BY: Sunrise Corp. , A Calif. Corp. General Partner BY: � illio K m'th, Jr_ 12/05/90 Agreanerlt absoM 1M Executive any a�e �� P Data nq hat Ueet/f of al Ibblllnee retdtM ro aery dead we criteria; L DO BY MY SIGNATURE ON THIS AGREEMENT, AOolre the City at Potm Ouvt d all Ibpintlee regardhq my dead rew"Ic"ons my be copliataM fO sae deeoi bad herein. � '>, 12/05/90 Signature Philli K Smith Jr Date Applicant's Signature / , L � `�� " 12/05/90 SillIadrin PhiltYip K. Smith, Jr. Oa» (FOR STAFF USE ONLY) Etnbanniantat Slaroe Accepted syt ❑ Ministerial Act E.A.No. ❑ Categorical Etempnat an(�2 M,ra ❑ Neg"ve Doraatanan VvUi1e?Jla I1VlSL ❑ Ofner Referenp Cate No. NM�O�YOIY r{IIrRO AT, ryltit n _ � a L UUNII Of RIVERSIUC PLANNING DIVISION pro ert Owners Certification DENNIS DEVINCOLIS = , certify that on APRIL 1 lg 90 ►%e attached property owners and lessees list was prepared by TT-nR pursuant to applicat ion. requiremelts furnished by the Planning Said list is a complete and true Division of Riverside County. compilation of owners of the subject property and all other , i property owners within 100 feet of the property involved in the ! I application and is based upon the latest equalized assessment rolls . I further certify that the information filed is true and correct to the best of my knowledge; I un;erstand that incorrect or er- roneous information may be grounds for rejection or denial of the application- Da grtature jl �I , 634102051-4 i. POWERS HALTER POWERS RAFFLINA 42140 KANSAS ST PALM DESERT CA 92260 637031001-1 LI7TLEFORD BETTY u 42160 KANSAS ST PALM DESERT CA 92260 YX637031002-2 BICKFORD KIMBERLY A . 42180 KANSAS ST PALM DESERT CA 92260 y i 637031003-3 f '� i` GRAHAM _ DOROTHY p 77040 MICHIGAN DR PALM DESERT CA 92260 " \� 637031004-4 '•'�� �J BRENEMAN 70M BRENEMAN BETTY 23117 COLLINS ST WOODLAND HILLS9 CA 91367 it 637032001-4 - MEIER LEONARD M MEIER BARBARA C/O KANDACE MEIER ET AL 42260 KANSAS ST PALM DESERT CA 92260 637032002-5 \� FORNEY JACK L 42240 KANSAS ST \ i PALM DESERT CA 92260 V� 637032003-6 MATHEWS MARY 201 BOUQUET CANYON DR PALM DESERTp CA 92260 637032004-7 FIORETTO MiCHAEL J FIORETTO LAURA B 77055 MICHIGAN DR PALM DESERT CA 92260 63703200.9-8 REYES JOANNE 5234 BINDEWALD RD TORRANCE? CA 90505 637032006-9 TOTAL LABELS PRINTED 411 WALDA ABBOTT 42086 SAND DUNE DR \ PALM DESERT CA 92260 634101041-8 JOHN E BERG RACHAEL T . BERG 42014 SAND DUNE DR 634101046-9 PALM DESERT CA 92260 GERARD V THIBAULT RIBA B THIBAULT 42062 SAND DUNE DR 1049-0 PALM DESERT CA 92260 63410 'j PHILIP S WEIN SUSAN M WEIN 3273 FUtURA POINT 91362 CA 634101050-0 ` THOUSAND OAKS9 BANr ICA NAIL TR G J C/p NDERSO400UR NO 100092660 NEWH• CA 634102001-9 SIS COUNTRY CLUB OA Q S COVINGTON TECHNOLOGIES 2451 E ORANGETHORPE AVE 92631 634102002-0 FULLERTON, CA OASIS COUNTRY CLUB IES CIO CO NGETHORPEOAVE 2451 E UnG 9263 634102010-7 FULLERt0N9 CA OASIS COUNTRY C UBNOLOGIES C/Q COVINGiON iE 2451 E ORANGETHURP AVE 92631 634102 11-8 FULLERTONv CA AIL TR 6 SVGS BANK OF AMER ANDS C/Q KINDS 4000 MA RIHUR BLV NO 00 L 60 634102012-9 HEWPO BEACH• CA ALFRED F HILL CONNIE M HILL 76606 MORCCCO RD 634102013-0 PALM DESERT CA 92260 JACOB M WOLFE VIRGINIA M WOLFE atzn y 1n9 UcJLl(i LA 9G2bu 634101035-7 DEMING HENRY A DEMING JUDITH A 25532 SAWMILL LN EL TOROr CA 92630 634101036-8 OASIS PALM E ANDE HOMEOWNERS ASSN C/0 KIND R ON 4000 M ARTHUR BLV 0 1000 NEWPO T BEACHi CA 92660 63410103.7-9 i OA IS PALM DESERT HOME WNERS ASSN Cffn KINDEL E ANDERSON t00 MACARTHUR BLV NO 1000 EWPORT BEACHr CA 92660 634101038-0 - BANK OF AMERICA NATL TR E SVGS C/O KINDEL E ANDERSON 4000 MACARTHUR BLV NO 1000 NEWPORT BEACHr CA 92660 634101039-1 - LISCIO JOSEPH ROY LISCIO ORILDA LOUISE 5 COACH RD ROLLING HILLS• CA 90274 634101040-1 - HUEY GRANT D HUEY NANCY 5220 DUGGAN PLAZA EDINAr MN 55435 634101041-2 MOTT HARRY F MOTT BARBARA T 17 CRESTA VERDES DR ROLLING HILLS ESTATESr CA 90274 634101042-3 LIIVIN LEWIS E LITVIN JUANITA M 42194 SAND DUNE OR PALM DESERT CA 92260 634101043-4 - CAIN JAMES C CAIN PATRICIA M _. 42170 SAND DUNE DR PALM DESERT CA 92260 634101044-5 KELLEY AARON B KELLEY EDITH P 1 TEAL IRVINEr CA 92714 634101045-6 WELLS JERRY E WELLS THEI MA 11 ' '634U30012-7 SUNRI E DESERT PARTNERS CIO S NRISE CO �_ J 4260 COOK ST NO 200 � . PALM DESERT# CA 9226U 634040011-7 GATES DONALD B -- GATES ELIZABETH A P 0 BOX 397 SAN DIMASI CA 91773 634101012-6 SPARROW RICHARD C SPARROW NORMA L 42316 SAND DUNE DR PALM DESERT CA 92260 i 634101013-7 i ,. SPRAGUES ROCK E SAND CO INC 230 E LONGDEN 1RWINDALEi CA 917U6 634101014-8 , j LLOLYD DONALD L LLOLYD JAYNE A 42280 SAND DUNE DR PALM DESERT CA 92260 634101015-9 SCHMITZ JAMES J SCHMITZ MARILYN B 243 BROADWAY �.. LAGUNA BEACHP CA 92651 ' 634101016-0 r CANNON H HOWARD CANNON BEATRICE A 2319 SAN JUAN RD j SAN DIEGO* CA 92103 - �' 634101017-1 COHN JERRY COHN LORETTA 42122 SAND DUNE OR PALM DESERT CA 92260 634101025-8 LASKEY KENNETH J LASKEY GRETCHEN O 7537 DEVISTA DR LCS ANGELES# CA 90046 634101026-9 VOELKER CHARLES G `- VOELKER MARGARET M 91 MARIMAR ST THOUSAND OAKSt CA 91360 634101027-0 y NOGUCHI DONNA 19621 DITMAR LN 632311070-3 MASON LEON MASON JUNE M 79 BLUE RIVER DR PALM DESERT CA 92260 632311071-4 MOUNTAIN ESTATES LTD ` P 0 BOX 1719 GRAND CAYMAN BRITISH WEST INDIES 632311072-5 FLEISHMAN STEPHEN M 1 (' FLEISHMAN ARLENE J 1901 AVENUE OF STARS 931 LOS ANGELES1 CA 90067 632311073-6 HENRY JOHN R } HENRY D ELLEN 11222 LA CIENEGA BLV 404 i INGLEWOOD, CA 90304 632311074-7 PREBLE LAURENCE G PREBLE DEBORAH H 663 BERKSHIRE AVE f ' FLINTRIDGEt CA 91011 632311075-8 t LAKES CO 75005 UNT Y CLUB DR O PA DESERTS CA 92260 632311076-9 SCHIFFMAN FRED M SCHIFFMAN MYRNA M ' 2049 E CENTURY PARK 2705 l LOS ANGELES9 CA 90067 11 632312057-5 I BACKSTROM JI BACKSTROM ROBERT LVERLA M i 422 RUNNING SPRING DR i PALM DESERT CA 92260 632312056-6 BUTLER RICHARD E BUTLER GAE 26403 BENTGRASS f j SAUGUS , CA 91350 632312059-7 n REIMER R PAUL REIMER MARCIA J CQ f 426 RUNNING SPRING DR PALM DESERT CA 92260 632312060-7 KRYLOW JOHN p KRYUQW GRUFGHRN R i __ ..1570 EL CAMINO Oct rc ..�.. COLE E HOWARD COLE CATHERINE R 1339 N COLUMBUS NO 12Z GLENDALE# CA 91202 632311059-4 1 , KAY DONALD H KAY HELEN H (�✓ 394 SADDLEHORN TR PALM DESERT CA 92260 µ 632311060-4 BUWALDA VIRGIL P BUWALDA ETHEL L p 3979 HILLSIDE AVE b NORCOV CA 91760 632311061-5 SIMPSON HARVEY L SIMPSON A JANET 417 8TH ST ra MANHATTAN BEACH, CA 90266 632311062-6 RENZ PHYLLIS 6110 W OCEANFRONT NEWPORT BEACHo CA 92663 632311063-7 i SNEIR EUGENE SNEIR RUTH 2175 S BEVERLY GLEN NO 205 ' LOS ANGELES# CA 90025 632311064-8 s NICOLAY THEODORE R NICOLAY CAROLE L 1 30177 COOL VALLEY LN ' 1 VALLEY CENTERS CA 92082 ll 632311065-9 i WEINER M HARVEY WEINER DIANE - 1 SYLVAN WAY SHORT HILLSt NJ 07078 63231106&-0 MASTERS FRANK MASTERS GARNETT P 89 BLUE RIVER DR PALM DESERT CA 92260 632311067-1 THOEN NOEL A THCEN ANNE D 5210 S MUIRFIELD LN SPOKANE♦ WA 99203 y 632311068-2 STRONGWAIER RONALD D T STRONGWATER PATRICIA ANN 19641 KINGSBURY 8T CHATSWORTH# CA 91311 "" "' JI.II iJ iotiuflI I ' BOOTH GAYLE M' 363 SADDLEHORN TR i PALM DESERT CA 92260 632312086-1 -� HANDEL NAT HANDEL EVELYN 301 N CANON DR STE 326 BEVERLY HILLSP CA 90210 632312087-2 -' LAKES 7500 COUNTRY UB DR� PA DESERTip CA 2260 632312088-3 t� SALVATORE NICK L © SALVATORE NANCY A 9 11420 AMANDA DR STUDIO CITYr CA 91604 632312089-4 MICR HERBERT 1378 CASIANO RD LOS ANGELESr CA 90049 632312090-4 r. . PARKINSON JACK H *� PARKINSON ELENORE M 2891 CAMINITO MERION LA JOLLAV CA 92037 632312091-5 MILLER KENNETH J MILLER BARBARA H 27 EASTFIELD DR ROLLING HILLS• CA 90274 C� 632312092-6 MANNING DONALD 0 MANNING ROSE M 5032 GOULD LA CANADAv CA 91011 63231ZO93-7 LAKES CO C1 75CO5 COUNTRY CLUB DR PALM DESERT• CA 92260 C' 632312094-8 ' SUNRISE DESERT PARTNERS O C/O SUNRISE CO 42600 COCK S 10 200 PALM DESERT CA 92260 634030009-5 SUNRISE D SERT PARTNERS C1 C/C SUNR SE CO 42600 CO K ST NO 200 PALM DE RTj CA 92260 i Uo 1 ftUH ALVIN PAUL 261 PACIFIC AVE SOLANA BEACH, CA 92075 632312075-1 SCS DEV CO 1585 SIESTA DR LOS ALTOS, CA 94022 632312076-2 SLAVIK ELMER SLAVIK JOY R f ; 211 S ORANGE GROVE SLV 7 A J PASADENA# CA 91105 632312077-3 R088 r RALPH ROBB W BOX 5500 JESSIE 8 WALNUT CREEKr CA 94596 632312078-4 ELLIOTT DEAN ELLIOTT 393 SADDLEHORN TR EVELYN D C. PALM DESERT CA 92260 632312079-5 J CARBONE JOSEPH A CARBONE GLADYS (� 387 SADDLEHORN TR PALM DESERT, CA 92260 632312080-3 I. c GOLDMAN STEVEN GOLDMAN B P 0 BOX 4093 DARtENE is PALM DESERT, CA t` I 92261 632312081-6 J � ., WILBUR RICHARD M WILBUR JANE f 379 SADDLEHORN TR A , . PALM DESERT CA 92260 I 632312082-7 J MATTHEWS JACK MATTHEWS M 377 SADDLEHURN TR JOAN T { PALM DESERT CA 92260 632312083-8 r•; MCNEVIN CO 6701 N STAPLETON OR DENVERr CO I ' I 80216 I 632312064-9 GLASSMAN FREDRICK R 9170 LA ALBA DR WHITTIER, CA , 1 90603 j ' L/C WASSEEN SAMAAN SwiiJlt i E1 AL o 3233 HAWKWOOD RD DIAMOND BARr CA 91765 632312063-0 DAHLIN LAW RENCE DAHLIN KAREN M 18791 VIA VERONA L ` v < .. IRVINEr CA w 92 715 , 6323120 — (1 .e 6 4 1 fJ CHAPMAN CHAPMAN J O HNLOUISE C 45 YORKSHIRE DR D H IITON HEA D SC 29928 pl 632312065-2 VANADELSBERG HENDRIKA 141 BLUE RIVER DR E PALM DESERT CA 92260 632312066-3 U LEVENBERG GERRY P 0 BOX 340 BROOKSVILLEr MD O p 20833 632312067-4 ® BARTON ROBERT RAMPTON SUZANNE O VA 1125 E MAPLE ST NO 15 d GLENDALEr CA 91205 632312068-5 Q WHITESELL JAMES WHITESELL WILLIAM 7232 RGCKMONT AVE BARBARA BRIGITTE WESIMINSTERr CA 92683 Y .. 632312069-6 ' DAMMEYER NEY DAMMEYER ROD RODDIANE F 11 BANE BERRY LN N " ' RIVERWGODr IL 60015 632312070-6 GREGSON DARRYL GREGSON R MARY CHENANGO LANE RD S NORWICHr NY 13815 632312071-7 GREGSON DARRYL GREGSON MARY R CHENANGO LAKE RD NORWICHr NY 13815 632312072-8 i RUSHFELDT ALAN ,'. RUSHFELOT MARGARET L 15523 DEL GADO DR SHERMAN OAKS, CA 91403 WAHLea b31d8TJ�N 1632310031-5 LAKES COUNTRY CLUB ASSN INC 75005 COUNTRY CLUB DR 4 PALM DESERTS A 92260 l 632310040-3 LAKES COUNT CLUB ASSN INC 75CO5 COUNT Y CWB DR PALM DESERT CA 92260 632310041-4 LAKES COU TRY CLUB ASSN 161 OLD R NCH RD Q PALM DESE TV CA 92260 i 632310042-5 LAKES COON RY CLUB ASSN INC 75005 CCU TRY CLUB OR PALM DESE Ts CA 922 0 632310044-7 LAKES C NTRY CLUB ASSN INC j 75375 C UNTRY CLUB DR (� PALM D ERTr CA 9226 632310046-9 LAKES COUNTRY CLUB ASSN INC 7537 Y COUNTRY CLUB DR G PAL/M/DESERT• CA 92260 6� 632310054-6 HOUCK DOUGLAS E HOUCK NANCY A f 3662 TOLANU AVE ® LOS ALAMITOS♦ CA 90720 632311053-8 © ` RYBURN JACK i Q RYBURN RUTH H Q { 625 S ORANGE GROVE BLV 3 PASADENA♦ CA 91105 632311054-9 GNUSE CHARLES GNUSE HELEN (� 12500 SCHROEDER RD DALLAS ♦ TX 73243 j 632311055-0 0 RYAN GEORGE E 401 EVENING STAR LN I; NEWPORT BEACHy CA 9266o 632311056-1 0 KANEN GERALD I' <' KANEN BARBARA i 1011 MAR TAN t_N `� L1Vl u,<blu VITO I' DIGIORGIO JOSEPHINE 1712 VIA CORNEL :W PALOS VERDES ESTATESt CA 90274 1. 632293015-9 C� KENNEALLY ROBER7 KENNEALLY J 19 BLUE RIVER DR EVELYN M I'D PALM DESERT CA 92260 632293016-0 o� HINES S HINES JAME JAMS W 36 LINDA ISLE LOIS L 4 . . b NEWPORT BEACHv , CA 92660 632293017-1 y ANDERSON JEANNE 822 NORTH POINT S SAN FRANCISCO, CA 94109 632293018-2 I' DUBAS DUBAS CNESTER 1 3425 SKYLINE BLV LINDA RENO• NV 89509 632293019-3 ROUSSELLOT MERLE ROUSSELLOT JEANNE A 409 BOUQUET CANYON DR r PALM DESERT CA 92260 632293020-3 WRIGHT NORMAN 617 MARIPOSA AVE D EL SEGUNDO, CA 90245 632293021-4 KOSTER RICHARD M KOSTER SUE 10096 SPIRITRIDGE LN A CINCINNATI* OH 45247 632293022-5 CRUTCHER GENE CRUTCHER MAURINE P C BOX 4414 EL PASO, TX 79914 STANLEY 632293023-6 � I, STANLEY ALBERT B 401 BOUQUET CANYON DRRA N PALM DESERT CA 92260 632293024-7 A SUNRISE DESERT PARTNERS C/C SUNRI E CO 42600 CO NO 200 PALM DESERT CA 9226 f , BUHAI BUHAI JAMES p 3739 W WABEECK LAKESDRRRY B .. j BLCOMFIELD, MI 48013 632293004-9 BROWN LAURA 5 HAMPSHIRE CT LEE NEWPORT BEACH9 CA 92660 n 632293005-0 BEST BEST JACOB H 40CI MAIN ST JANET D VANCOUVERv WA 98663 632293006-1 DORSEY WILLIAM H r DORSEY JANICE 7117 SW 7TH AVE K PORTLANDI OR 97219 632293007-2 " MENDOZA ALFRED MENDOZA F JOAN 4945 SILVER SPURS LN S YORBA LINDAv CA 92686 632293008-3 G HUFFMAN DONALD HUFFMAN SARAN R 1206 HIGHLAND DR L DEL MARS CA , 92 014 a 632293009-4 0 HILSTEN THOMAS 31 BLUE RIVER OR PALM DESERTv CA 0 92261 a 632293010-4 ELMER ELMER DALE M 29 BLUE RIVER DR SANDRA LEE I PALM DESERT CA 92260 632293011-5 LOTT LOTT DOYLE W 27 BLUE RIVER OR JEAN B PALM DESERT CA 92260 632293012-6 KIMES KIMES JOHN JOHN J 13191 CONTESSA SUSAN K TUSTINg CA 92680 632293013-7 n COMMERCE E TRADE INTERNATIONAL INC CID ROBERT WAGGONER P O BOX 5837 f? BALBOA TSLANDt CA NEWTON JACK R W NEWTON PATRICIA U 924 REDWOOD DR DANVILLE# CA 94526 Y 632292074-9 TODD GEORGE EDWARD TODD JEANNE QUEEN i 397 RED RIVER RD PALM DESERT# CA 92260 p. 632292075-0 BUSSEY PATRICIA J �. 01 155 BIRCHBARK PL j DANVILLE# CA 94526 j Q 63229ZO76-1 WILLIAMS WAYNE L D Q WILLIAMS MABEL L ET AL 227 MERCY ST MOUNTAIN VIEW# CA 94041 P 632292077-2 MCINTOSH JUNE 405 RED RIVER RD PALM DESERT CA 92260 632292078-3 ! 1 PETTITi LEON PETTITT LORRAINE 12035 MARILLA DR $ i SARATOGA# CA 95010 i 632292079-4 TOTTEN DONALD III DEERWOOD PL SAN RAMON# CA 94583 632292060-4 LAKES CO 75005 CSj1J ,CLUB DR PALM SERi# C 922 632292081-5 AUSTCO INC 8363 WILSHIRE BLV NO 900 BEVERLY HILLS# CA 90211 ,• 632293001-6 BECKER KLAUS P ' BECKER ZERRYL L 501 N FERNDALE WAYZATA# MN 55391 ' 632293002-7 3 COX NELL A 45 BLUE RIVER DR PALM DESERT CA 92260 ----------- w I APPEL AUDREY 8 -j 9601 WILSHIRE BLV BEVERLY HILLS9 CA 90210 632292069-5 i SALMOND JOHN :- SALMOND VIRGINIA M P 0 BOX 3916 PALM DESERTS CA 92261 632292070-5 SVET JOHN F SVET JEANETTE T ET AL v I 2595 N BERENICE DR BREAD CA 92621 632292071-6 W MCLLARD MERILYN A 391 RED RIVER RD I . PALM DESERT CA 92260 632292072-7 SCHECHTER MARTIN SCHECHTER BARBARA 605 N LINDEN DR BEVERLY HILLSr CA 90210 632292073-8 POWERS NALTER POWERS RAFFLINA 42140 KANSAS ST ® PALM DESERT CA 92260 637031001-1 LITTLEFORD BETTY i ® 42160 KANSAS ST PALM DESERT CA 92260 637031002-2 i © BICKFORD KIMBERLY A 42180 KANSAS ST PALM DESERT CA 92260 637031003-3 GRAHAM DOROiHY D 77040 MICHIGAN DR PALM DESERT CA 92260 637031004-4 d BRENEMAN T014 BRENEMAN BETTY 23117 COLLINS ST b WOODLAND HILLS9 CA 91367 637032001-4 MEIER LEONARD M MEIER BARBARA ET AL C/O KANDACE MEIER 42260 KANSAS ST PALM DESERT CA 92260 ¢3T932QQ2- SHCRR BLANCA P 0 BOX 1414 f.J PALM DESERT? 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HERMAN HAROLD L � • HERMAN BARBARA 7319 LANKERSHIM 6LV 11 NORTH HOLLYNOODIP CA 91605 626201014-8 KOPPERUD BERNICE J 915 RIDGE RD r SIGUX FALLSI SO 57105 " 626201015-9 ';,...,"` '.. , j• MCCLAIN CAROL LEE +•':: ` 82 PINE VALLEY LN �. NEWPORT BEACHV CA 92660 171 626201016-0 '' '"•!:" rt! WELLS RICHARD V r� WELLS LYNN P 22106 ASPAN ST NO 504 LAKE FORESTI CA 92630 626201017-1 ,,: :; ' ' • yd JOHNSON JACK A s 15710 N HEATHER STONE LN ' .,,�•; MILLCREEK9 NA 98012 626201010-2 RODGERS GAYLE 16120 SANDY LN ENCINO♦ CA 91436 1 LL C/O SUNR SE CO f 75005 CoU TRY CLUB DR Y PALM DES ER f CA 92260 26191062-1 PALM VALLEY CO NTRY CLUB ASSN INC C/O SUNRISE CO 75005 COUNTRY CL DR • PALM DESERTf CA 92660 6 200048-6 PALM VALLEY COUNTRPOfLUB ASSN INC C/O SUNRISE CO t 75005 COUNTRYK DR • PALM DESERT? 9266 626200049-7 • SUNRISE VSERT PARTNERS C/0 SXESERTI SE Co A 42600K 5T NO 200 . PALM CA 92260 626200056-3 MARGOLF DAVID C MARGOLF MARY T 0 3608 VIA LA SELVA PALOS VERDES ESTATESf CA 90274 626201001-6 BERGERON ROBERT BERGERCN BARBARA 812 MAPLE RD FLOSSMOORf IL 60422 626201002-7 MEDRANO GEORGE MEDRANO A w JEANNETTE P 5041 PARTRIDGE CIR HUNTINGBEACHf CA 92649 626201003-8 �. ESCROW SPECIALISTS INC 34 OCEAN VISTA NEWPORT BEACHf CA 92660 626201004-9 is SISK JACK N SISK GLORIA Y A 10409 RIVERSIDE DR TOLUCA LAKEf CA 91602 626201005-0 BOSSE JAMES J �1 BOSSE JULIE L * } 1943 MAGINN DR GLENDALEf CA 91202 !. 626201006-1 SCOFIELD DEAN 5 SCCFIELD FRANCES D 5827 S KINGS RD LOS ANGELESf CA 90056 626201007-2 LARES RALPH H 76042 HONEYSUCKLE DR PALM DESERT CA 92260 ° 626191050-0 VARELA RAUL M VARELA MARY A 4610 E CERRO VISTA DR ANAHEIMp CA 92807 626191051-1 FAULKNER DONALD R FAULKNER SHARON J 45 S LOGAN AVE RENTONI WA 98055 626191052-2 CHAIKIN JACK CHAIKIN FAY 76022 HONEYSUCKLE DR PALM DESERT CA 92260 626191053-3 THCMPSON RONALD W THOMPSON SHELIA P 20151 HILLSIDE DR ORANGE? CA 92669 626191054-4 SIMS E NEWVILLE 6017 BRI5JUL PKY CULVER CITYv CA 90230 626191055-5 MARUI INTERNATIONAL PRODUCTS CORP 23145 KASHWA CT V- TORRANCEt CA 90505 626191056-6 JOHNSON PAUL J t JOHNSON ARDYS L 33 HARVEST RD SIOUX CITYt IA 51104 626191057-7 PIERCE JAMES W PIERCE MARILYN J 76466 SWEET PEA WAY PALM DESERT♦ CA 92260 626191050-8 MARINO PETER L MARINO BONNIE J 2682 WALNUT AVE TUSTIN CA 92691 626191059-9 " WHITE JAMES D WHITE CRETE U 1424 4TH ST NO 231 „ i SANTA MONICAI CA 90401 VILLA PARK• CA 92667 e 626191039-1 MOSS BARRY A MOSS SARAH K 19648 PACIFIC COAST HMY MALIBUt CA 90265 626191040-1 ABTS DAVID J ABTS MARVEL 8523 S TAOS DR + SANDY• UT 84093 626191041-2 HARRISON EUGENE E HARRISON NANCEY JOYCE 807 KITTERING RD SAN DIMAS# CA 91773 626191042-3 FOLEY JAMES P FOLEY GAIL F A 22145 BANDE MISSION VIEJOs CA 92691 40 62-6191043-4 .•;: FASS PHILIP FASS BARBARA L 10214 MOSSY ROCK CIR LOS ANGELESr CA 90077 626191044-5 0 TAVELMAN WILLIAM C TAVELMAN REVA ET AL C/O HARVEY SISSKIND 4249 BONVITA DR ENCINO• CA 91436 626191045-6 PORTER GERALD J f PORTER BEATRICE 76072 HONEYSUCKLE OR PALM DESERT CA 92260 626191046-7 BOESEL ROBERT N BOESEL RUTH K * I. 76064 HONEYSUCKLE DR PALM DESERT CA 92260 I` ' 626191047-8 46 GRAY T ELISABETH A 'f- ` 1640 PEBBLE BEACH HOFFMAN ESTATES1 IL 60194 626191048-9 j MUSTACCHIO JOSEPH J r, MUSTACCHIO DONNA Li - 333 GENOA ST NO 1 i r ARCADIAt CA 91006 626191049-0 SUN VALLLVI lU 626191026-9 � SHORT DUDLEY N ; SHORT KATE 1 ... 76202 HONEYSUCKLE LN PALM DESERT CA 92260 626191027-0 J 1 JOHAN ROBERT " JOHAN KARA L 4644 E BLUE JAY AVE ORANGES CA 92669 �.' 626191028-1 V PALM VALLEY CO ' w1 C/O SUNRISE CO 75005 COUNTRY CLUB PALM DESERT♦ CA 92260 jl 626191029-2 v I SUN/lSE1.1RT PARTNERS C/000 426TNO 200 PAL CA 92260 626151030-2 LEEPER ROBERT E , C✓ LEEPER PATRICIA JANE 217 AMETHYST AVE BALBOA ISLANDS CA 92662 626191031-3 WOODRING WILLIS W CJ WOODRING SANDRA J C/O OMAHA DISTRIBUTING CO INC 1, 14685 GROV£R OMAHA, NE 68144 626191032-4 f BAILEY PAULETTE WILLIAMS j � 201 OCEAN AVE NO 1006P SANTA MONICAP CA 90402 626191033-5 HEALY JEREMIAH D HEALY SHARON J 76166 HONEYSUCKLE DR © PALM DESERT CA 92260 626191034-6 LARKIN HAROLD V LARKIN M GENEVIEVE 16152 HONEYSUCKLE OR Q PALM DESERT CA 92260 626191035-7 BERMAN ALFRED M MASON JENNIE 7301 MEDICAL CTR OR NO 200 CANOGA PARKS CA 91307 0 626191036-8 BROOK MALCOLM JOY ET AL PARKER SAMUEL J PARKER SANDRA S i 76290 HONEYSUCKLE LN . PALM DESERT CA 92260 626191015-9 IVY ARCHIE A IVY BARBARA J 8181 BURNHAM CIR • HUNTINGTON BEACH9 CA 92646 626191016-0 ; . OKES SIDNEY R OKES MARY V 1503 E COTTONWOOD LN LITTLETON, CO 80121 626191017-1 . GRIMM GEORGE C GRIMM DOROTHY L 3974 NM COUNTRY LN . BREMERTONt NA 98312 626191018-2 . KRUGER CURTIS D KRUGER LAVONNE A 0 312 1ST AVE SE WAUKONt IA 52172 626191019-3 SOUTHERN PACIFIC LTD 73091 COUNTRY CLUB A5 . PALM DESERTS CA 92260 i 626191020-3 ROST MILLI K ROST URSULA P 76246 HONEYSUCKLE LN PALM DESERT CA 92260 626191021-4 TERRY ORIN 0 TERRY BETTY M ? ' 76238 HONEYSUCKLE LN PALM DESERT CA 92260 i 626191022-5 BALTZ AROLYN 76232 HONEYSUCKLE LN J PALM DESERT CA 92260 626191023-6 CAREY JAMES F is RICHTER JEFFREY R 10920 WILSHIRE BLV NO 1400 LOS ANGELES1 CA 90024 626191024-7 ~ HAYES HAROLD L HAYES ANNA MARIE ET AL 1 CHANNEL POINT DR HEST YARMOUTHr MA 02673 THAIN MICHELE THAIN CLARE 19 WHISPERING MIND IRVINEI CA 92714 626191001-6 BIDDULPH BETTE J ,j 1820 VIKING MAY LA JOLLAI CA 92037 626191002-7 i PARKER SAMUEL J a PARKER SANDRA S 76290 HONEYSUCKLE LN . PALM DESERT CA 92260 626191015-9 IVY ARCHIE A `rs IVY BARBARA J 8181 BURNHAM CIR i HUNTINGTON BEACHI CA 92646 626191016-0 OKES SIDNEY R OKES MARY V t 1503 E COTTONWOOD LN L17TLETONy CO 80121 626191017-1 • GRIMM GEORGE C GRIMM DOROTHY l 3974 NM COUNTRY LN BREMERTON# MA 98312 626191018-2 KRUGER CURTIS D KRUGER LAVONNE A 312 1ST AVE SE MAUKON♦ 1A 52172 626191019-3 SOUTHERN PACIFIC LTD 73091 COUNTRY CLUB A5 ,11 PALM DESERTr CA 92260 626191020-3 ROST MILLI K ROST URSULA P F 76246 HONEYSUCKLE LN PALM DESERT CA 92260 626191021-4 TERRY ORIN 0 TERRY BETTY M 76238 HONEYSUCKLE LN PALM DESERT CA 92260 626191022-5 BALTZ CAROLYN J 76232 HONEYSUCKLE LN PALM DESERT CA 92260 I cA IANL'1KA CLRP 75800 AVCNDALE DR PALM DESERT► CA 92260 626030004-1 TANDIKA CORP 75800 AVONDALE DR PALM DESERT 92260 626060012-3 SOLOMON PETER 76657 ABBY CT PALM DESERT# CA 92260 626120006-1 BRALEY WARREN W BOX 25367 PORTLAND# OR 97225 626140001-8 SUNRISE DESERT PARTNERS - C/O SUNRISE CO - 42600 COOK ST NO 200 PALM DESERT► CA 92260 626190028-8 SUNRISE DESERT PARTNERS C/O SUNRISE CO 42600 COOK ST NO PALM DESERT 92260 626190029-9 PALM VALLEY CO C/O SUNRISE CO - 75005 COUNTRY CLUB DR PALM DESERTr .CA 92260 626190030-9 PALM VALLEY COUNTRY CLUB ASSN C/O NDERTV E CO - 7500TRY CLUB DR PALM CA 92260 626190031-0 PALM VALLE COUNTRY CLUB ASSN INC C/C SUNRISE 0 75005 COUNTR CLUB DR PALM DESERT► 92660 626190032-1 PALM VALLEY COUNT Y CLUB ASSN INC C/O SUNRISE CO 75005 COUNTRY CLUB PALM DESERT► CA 92660 626190033-2 PALM VALLEY COUNTRY CLU ASSN INC _ C/O SUNRISE CO 75005 COUNTRY CLUB DR PALM DESERT► CA 92660 LLAUS CUR 16206 WAYFARER LN I HUNTINGTON BEACHP CA 92649 i 626191003-6 BARDIN ROBERT H BARDIN CAROLE A 326 EVENING CANYON RD CORONA DEL MARL CA 92625 626191004-9 WAGNER FERN V WAGNER BERNICE - 8591 VOGEL AVE WESIMINSTERt CA 92683 626191005-0 - LEFHOLZ J LEO LEFHOLZ MOLLY - P 0 BOX 445 CARMELP CA 93921 626191006-1 BARKETT DONALD G - 76354 HONEYSUCKLE LN PALM DESERT CA 92260 626191007-2 ANGUS A STUART ANGUS BARBARA - 76348 HONEYSUCKLE LN PALM DESERT CA 92260 626191008-3 THRALL ENTERPRISES INC 200 W MADISON ST CHICAGOI IL 60606 62619IU09-4 JORDAN W L JORDAN GAYNELLE .- 4094 N HACKBERRY BOISE• ID 8370'L 626191010-4 MARMOR HENRY I MARMOR LYNDA R 5813 LARAMIE AVE WOODLAND HILLSv CA 91367 626191011-5 - LEWIS EVELYN JUNE 76318 HONEYSUCKLE LN - PALM DESERT CA 92260 626191012-6 BALABAN HARVEY P BALABAN MARIA F - 4007 EL BOSQUE DR PEBBLE BEACHv CA 93953 _ -_ 626191013-7