HomeMy WebLinkAboutORD 6950
ORDINANCE NO. 695
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PREANNEXATION
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM
DESERT AND MC PROPERTIES, A PARTNERSHIP, AND
MACLEOD COUCH LAND COMPANY, A PARTNERSHIP,
PERTAINING TO THE FUTURE DEVELOPMENT OF A 70.67
ACRE SITE ON THE EAST SIDE OF MONTEREY AVENUE,
2666 FEET SOUTH OF GERALD FORD DRIVE.
CASE NO. DA 92-2 PREANNEXATION DEVELOPMENT AGREEMENT
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 3rd day of December, 1992, hold a duly noticed public
hearing to consider the request of MC Properties, A Partnership, and
MacLeod Couch Land Company, A Partnership, to consider the above
mentioned project; and
WHEREAS, the planning commission did hold a duly noticed public
hearing on this matter on December 1, 1992 and has recommended approval
of said development agreement; 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 project has been
previously assessed in reference to case C/Z 92-1, Ordinance No. 683,
and no further documentation is necessary; 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 RESOLVED 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', between the City of Palm Desert and
MC Properties, A Partnership, and MacLeod Couch Land Company,
A Partnership.
ORDINANCE NO. 695
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 17th day of December, 1992, by the
following vote, to wit:
AYES: KELLY, SNYDER, WILSON, BENSON
NOES:
NONE
ABSENT:
CRITES
ABSTAIN:
NONE
EST:
SHEILA Ry�LIGA
City of P m Dese
JEA& M. BENSON, Mayor
�City Clerk
, California
2
PRE -ANNEXATION AGREEMENT
THIS PRE -ANNEXATION AGREEMENT (hereinafter referred to as "Agreement") is made and
entered into this JI day of December, 1992, by and between THE CITY OF PALM DESERT, a
municipal corporation (hereinafter referred to as "City"); and MC PROPERTIES, a partnership, and
MACLEOD-COUCH LAND COMPANY, a partnership (hereinafter collectively referred to as
"Property Owner").
1. RECITALS: This Agreement is predicated upon the following facts:
1.1 Property Owners. MC PROPERTIES and MACLEOD-COUCH LAND COMPANY are
owners of the real property described on EXHIBIT "A" attached hereto and incorporated by reference
(hereinafter "Property"), which real property is the subject matter of this Agreement. The Property
consists of approximately 72 acres and is presently not within the boundaries of the City.
1.2 Intent of Parties. The parties desire to enter into this Agreement prior to annexation to
provide for zoning, development standards, and guidelines which will be effective upon annexation.
1.3 Zoning. The zoning for the Property shall be commercial/industrial use, as more
specifically described in EXHIBIT "D" attached hereto and incorporated herein by this reference.
1.4 Mutual Agreement. The parties have mutually agreed to enter into this Agreement and
proceedings have been taken in accordance with the City's rules and regulations.
1.5 City Council Findings. The City Council has found that the Pre -Annexation Agreement
is consistent with the City's general plan, as well as all other applicable policies and regulations of the
City.
��51.6 City Approval. On December. 17, 1992, the City Council adopted Ordinance No.
approving this Agreement with Property Owner.
2. DEFINITIONS: In this Agreement, unless the context otherwise requires:
2.1 Project: is the development as represented by the Pre -Annexation Zoning (CZ-92-1)
approved by the City on May 28, 1992, by Ordinance No. 683.
2.2 Property Owner: means the person, persons or entity having a legal or equitable interest
in the real property as described in EXHIBIT "A" and includes Property Owner's successors in
interest.
2.3 Real Property: is the real property described in EXHIBIT "A," and shown on the map
attached hereto as EXHIBIT "B" and incorporated herein by this reference.
tiU9677.1/A ANNEX.DLR/JMS/111092
2.4 Effective Date: is the date this Agreement is approved by the City Council as set forth
in paragraph 1.6 above.
3. EXHIBITS: The following documents are referred to in this Agreement, and attached hereto
and are incorporated herein as though set forth in full:
EXHIBIT
DESIGNATION DESCRIPTION
A Legal Description of Real Property
B Map Showing Property Location
C Permitted Uses Square Footage Calculations
D Zoning Designation
4. GENERAL PROVISIONS:
4.1 Duration of Agreement. The term of this Agreement shall commence upon the Effective
Date and shall expire ten (10) years thereafter, unless extended by written mutual agreement.
4.2 Assignment. The rights and obligations of Property Owner under this Agreement may
be transferred or assigned, provided such transfer or assignment is made as a part of the transfer,
assignment, sale or lease of all or a portion of the Property. Any such transfer or assignment shall
be subject to the provisions of this Agreement and the control and limitations contained herein. Dunng
the term of this Agreement, any such assignee or transferee shall observe and perform all of the duties
and obligations of Property Owner contained in this Agreement as such duties and obligations pertain
to the portion of the Property so transferred or assigned. Property Owner shall give to the City a
notice within thirty (30) days after any such sale, assignment or transfer.
4.3 Amendment or Cancellation of Agreement. This Agreement may be amended from time
to time by the mutual consent of the parties hereto. The term "this Agreement" or "Pre -Annexation
Agreement" herein shall include any such amendment properly approved and executed.
4.4 Annexation. City agrees that the zoning described in EXHIBIT "D" shall remain in
effect throughout the term of this Agreement unless modified by mutual agreement of the parties
hereto.
4.5 Enforcement. Unless amended or cancelled as provided in Subsection 4.3, this
Agreement is enforceable by any party to it despite a change in the applicable subdivision or building
regulations adopted by City which alter or amend the rules, regulations or policies governing density
and design as they exist as of the effective date of this Agreement.
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4.6 Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents.
employees and representatives harmless from liability for damage or claims or damage for personal
injury including death and claims for property damage which may arise from the direct or indirect
operations of Property Owner or those of its contractors, subcontractors, agents, employees or other
persons acting on its behalf which relate to the Project. Property Owner agrees to and shall defend
the City and its officers, agents, employees and representatives from actions for damages caused or
alleged to have been caused by reason of Property Owner's activities in connection with the Project.
This hold harmless agreement 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.
Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a
defense for the City in any action by a third party challenging the validity of the Agreement.
4.7 Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of
the Agreement inure to the parties' successors in interest.
4.8 Notices. All notices. demands and correspondence required or provided for under this
Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid.
Notice required to be given to City shall be addressed as follows:
The City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
ATTENTION: City Manager and
Assistant City Manager and Director
of Community Development
Notices required to be given to Property Owner shall be addressed as follows:
MacLeod -Couch Land Company
777 South Pacific Coast Highway
Suite 204
Solana Beach, California 92075
ATTENTION: Myron T. MacLeod
M/%77.1/A ANNEX.DLR/JMS/111092 3
With a copy to:
SCHLECHT, SHEVLIN & SHOENBERGER,
A Law Corporation
801 East Tahquitz Canyon Drive, #100
Palm Springs, California 92262
ATTENTION: James M. Schlecht, Esq.
A party may change its address by giving notice in writing to the other party. Thereafter.
notices, demands and other pertinent correspondence shall be addressed and transmitted to the new
address.
5. CONFLICTS OF LAW:
5.1 Conflict of City and State or Federal Laws. In the event that state or federal laws or
regulations enacted after this Agreement have been entered into or the action or inaction of anv other
affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps or permits approved by the City, the parties shall:
5.1.1 Notice and Copies: provide the other party with written notice of such state
or federal restriction, and provide a copy of such regulation or policy and a statement of
conflict with the provisions of this Agreement;
5.1.2 Modification Conferences: within thirty (30) days meet and confer in good
faith in a reasonable attempt to modify this Agreement to comply with such federal or state
law or regulation.
5.2 Council Hearings. Thereafter, regardless of whether the parties reach an agreement on
the effect of such federal or state law or regulation upon this Agreement, the matter shall be scheduled
for hearing before the Council. Ten (10) days written notice of such hearing shall be given. The
Council, at such hearing, shall determine the exact modification or suspension which shall be
necessitated by such federal or state law or regulation. Property Owner, at the hearing, shall have the
right to offer oral and written testimony. Any modification or suspension shall be taken by the
affirmative vote of not less than a majority of the authorized voting members of the Council. Any
suspension or modification may be subject to judicial review in conformance with subsection 8.3 of
this Agreement.
5.3 Cooperation in Securing Permits. The City shall cooperate with the Property Owner in
the securing of any permits which may be required as a result of such modifications or suspensions.
Property Owner shall be responsible for the payment of the costs and fees for such permits.
M/9677.1 /A_ANNEX. DLR/1MS/ 111092 4
6. DEVELOPMENT OF THE PROPERTY:
6.1 Permitted Uses. For the term of this Agreement, the Property may be developed for
commercial and industrial uses as more particularly set forth in the EXHIBIT "C."
6.2 Timing of Development. The parties acknowledge that Property Owner cannot at this
time predict when or the rate at which phases of the Property will be developed. Such decisions
depend upon numerous factors which are not within the control of Property Owner, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465
that the failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties' agreement, it is
the parties' intent to cure that deficiency by acknowledging and providing that Property Owner shall
have the right to develop the Property in such order and at such rate and at such times as Property
Owner deems appropriate within the exercise of its subjective business judgment.
6.3 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require subsequent development approvals and may demonstrate that
changes are appropriate and mutually desirable in the existing development approvals. In the event
Property Owner finds that a change in the existing development approvals is necessary or appropriate,
Property Owner shall apply for a subsequent development approval to effectuate such change and City
shall process and act on such application in accordance with the existing Land Use Regulations.
Unless otherwise required by law, a change to the existing development approvals shall be deemed
"minor" and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or
(b) Increase the density or intensity of use of the Property as a whole; or
(c) Increase the maximum height and size of permitted buildings; or
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or
(e) Constitute a project requiring a subsequent or supplemental Environmental
Impact Report pursuant to Section 21166 of the Public Resources Code; or
6.4 Rules. Regulations. Official Policies. The City rules, regulations, ordinances, laws,
general plans, and official policies governing development, density, permitted uses, growth
management, environmental consideration, and design criteria for purposes of this Agreement shall
be those in force and effect upon the commencement of the term of this Agreement, provided that the
City shall not alter the zoning designation set forth on EXHIBIT "D."
M/9677.I/A ANNE.Y.DLR/IMS/IIIM 5
6.4.1 Application of Subsequently Enacted Rules. Regulations. Etc. Except as
set forth in Section 4.5, the City may, hereafter, during the term of this Agreement, apply
only such newer City enacted or modified rules, regulations, ordinances, laws, general or
specific plans, and official policies which are not in conflict with those in effect on the date
of this Agreement and application of which would not prevent development in accordance
with subsections 6.1 and 6.2. However, this section shall not preclude the application to the
Property of changes in City laws, regulations, plans or policies specifically mandated and
required by changes in state or federal laws or regulations. In such an event, the provisions
of Section 5 of this Agreement are applicable.
6.4.2 Application of Subsequently Revised Fees andlor Improvement Standards.
Application, processing and inspection fees, improvement standards as set forth in the City
subdivision regulations and construction standards and specifications that are revised during
the term of this Agreement shall apply to the Project pursuant to this Agreement provided
that: (a) such fees, standards and specifications apply to all public works within the City, (b)
their application to the Property is prospective only as to applications for building and other
development permits or approvals of tentative subdivision maps not yet accepted for
processing, and (c) their application would not prevent development in accordance with
subsections 6.1 and 6.2.
7. DEVELOPMENT PROGRAM:
7.1 it . The City hereby agrees that it will accept from Property Owner for processing and
review all development applications for development permits or other entitlements for the use of the
Property in accordance with this Agreement, provided that said applications are submitted in
accordance with City rules and regulations. The City waives any requirement for minimum site size
otherwise provided in the zoning set forth in EXHIBIT "D."
7.2 Duty to Pay Development Fees. Property Owner hereby agrees to pay the requisite
development fees at the time such fees are customarily required by the City.
7.3 Cooperation in Installation of Traffic Signals. Traffic lights are proposed to be installed
by certain owners at the intersection of Monterey Avenue and the roadway which the Property Owner
proposes to use as the principal access into their property. Such access roadway is currently designed
to proceed in an east/west direction, to approximately the easterly boundary line of the Property
Owner's property and to thereafter proceed northeasterly to intersect Dinah Shore Drive at a right
angle. The area where such northeasterly turn in the roadway is proposed is owned by Monterey
Palms. The City agrees to cooperate in good faith to obtain the placement of such traffic lights and
the installation of a left turn lane or lanes at such intersection with Monterey. If the City requests the
installation of the traffic signal prior to the time the Property, or some portion thereof, is developed,
the City shall be responsible for the cost to install the traffic lights and left turn lane or lanes, except
that Property Owner agrees to participate in an assessment district for such installation if the City
elects to form one. Otherwise, the Property Owner shall be responsible for such costs in all other
events, including development of the Property.
W9677 I/A ANNFJC.DLR/JMS/111692 6
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7.4 Subdivision. City agrees property owner may divide the Property into lots and/or parcels
not exceeding ten (10) in number without the necessity of filing a Specific Plan on the Property.
8. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION:
8.1 General Provisions. In the event of default or breach of this Agreement or of any of its
terms or conditions, the party alleging such default or breach shall give the breaching party not less
than thirty (30) days Notice of Default in writing. The time of notice shall be measured from the date
of certified mailing. The Notice of Default shall specify the nature of the alleged default and, where
appropriate, the manner and period of time in which said default may be satisfactorily cured. During
any period of curing, the party charged shall not be considered in default for the purposes of
termination or institution of legal proceedings. If the default is cured, then no default shall exist and
the noticing party shall take no further action.
8.1.1 Option to Institute Legal Proceedings or to Terminate. After proper notice
and the expiration of said cure period, the noticing party to this Agreement, at its option, may
institute legal proceedings pursuant to Subsection 8.5 hereof.
8.1.2 Waiver. Failure or delay in giving Notice of Default pursuant to this
section shall not constitute a waiver of any default. Except as otherwise expressly provided
in this Agreement, any failure or delay by the other party in asserting any of its rights or
remedies as to any default shall not operate as a waiver of any default or of any such rights
or remedies or deprive such party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any such rights or
remedies.
8.2 Enforced Delay. Extension of Time of Performance. In addition to specific provisions
of this Agreement, performance by either party hereunder shall not be deemed to be in default where
delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires,
casualties, acts of God, governmental restrictions imposed or mandated by other governmental entities.
enactment of conflicting state or federal laws or regulations, new or supplementary environmental
regulations, litigation, or similar bases for excused performance. If written notice of such delay is
given to City within thirty (30) days of the commencement of such delay, an extension of time for such
cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually
agreed upon. Such an extension shall commence to run from the time of commencement of cause.
8.3 Institution of Legal Action. In addition to any other rights or remedies, either party may
institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements
herein or to enjoin any threatened or attempted violation thereof; to recover damages for any default;
or to obtain any remedies consistent with the purposes of this Agreement. Such legal actions must be
instituted in the Superior Court of the County of Riverside, State of California, or in the Federal
District Court in the Central District of California.
W%'n.UA A"EX.DLR/1MSM1O92 7
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8.4 ADvlicable Laws/Attorneys' Fees. This Agreement shall be construed and enforced in
accordance with the laws of the State of California. Should any action be brought in any court of
competent jurisdiction, the prevailing party in such action shall be entitled to recover all attorneys'
fees, court costs and necessary disbursements in connection with such litigation.
8.5 Costs of Collection. In the event that it becomes necessary for the prevailing party of
any action contemplated in paragraph 8.4 to enforce ajudgment rendered against the losing party, the
prevailing party shall be entitled to recover from the losing party the costs incurred in enforcing such
judgment including, but not limited to attorneys fees. This provision is intended to be severable from
the other provisions of this Agreement and is intended to survive any such judgment and is not to be
deemed merged into such judgment.
9. ENCUMBRANCES AND RELEASES ON REAL PROPERTY:
9.1 Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent
or limit Property Owner, in any manner. at Property Owner's sole discretion, from encumbering the
Property or any portion of any improvement thereon by any mortgage, deed of trust or other security
device securing financing with respect to the Property. City acknowledges that the lenders providing
such financing may require certain modifications and City agrees, upon request, from time to time,
to meet with Property Owner and/or representatives of such lenders to negotiate in good faith any such
request for modification. City further agrees that it will not unreasonably withhold its consent to any
such requested modification. Any mortgagees or trust deed beneficiaries of the Property shall be
entitled to the following rights and privileges.
9.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary
of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the
Property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested in
writing to the City, shall be entitled to receive written notification from the City of any default by
Property Owner in the performance of Property Owner's obligations under this Agreement which is
not cured within thirty (30) days.
9.3 ProMrty Subject to Pro Rata Claims. Any mortgagee who comes into possession of the
Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu
of such foreclosure, shall take the property, or part thereof, subject to any pro rata claims for
payments or charges against the Property, or part thereof, secured by such mortgage which accrue
prior to the time such mortgagee comes into possession of the property, or part thereof.
9.4 Releases. City hereby covenants and agrees that upon payment of all fees required under
this Agreement with respect to the Property, or any portion thereof, City shall execute and deliver to
County Recorder appropriate release or releases of further obligations in form and substance acceptable
to the County Recorder or as may otherwise be necessary to effect such release.
M/9677.1/A ANNEX.DLR/JMS/111092 8
• 10. MISCELLANEOUS PROVISIONS:
10.1 Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, and "may" is permissive.
If there is more than one signer of this Agreement, their obligations are joint and several.
The time limits set forth in this Agreement may be extended by mutual consent of the parties
in accordance with the procedures for adoption of an agreement.
10.2 Severability. The parties hereto agree that the provisions are severable. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall be effective and shall remain
in full force and effect unless amended or modified by mutual consent of the parties.
10.3 Entire Agreement. Waivers and Amendments. This Agreement constitutes the entire
understanding and agreement of the parties. This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements bets een
the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions
of this Agreement must be in writing and signed by the appropriate authorities of the City or or
Property Owner. All amendments hereto must be in writing signed by the appropriate authorities of
the City and Property Owner. Upon the completion of performance of this Agreement or its earlier
revocation and termination, a statement evidencing said completion or revocation shall be signed by
the appropriate agents of Property Owner and the City.
10.4 Project is a Private Undertaking. It is specifically understood and agreed to by and
between the parties hereto that: (a) the subject development is a private development; (b) the City has
no interest or responsibilities for or duty to third parties concerning any improvements until such time
and only until such time that the City accepts the same pursuant to the provisions of this Agreement
or in connection with the various subdivision map approvals; (c) Property Owner shall have full power
over and exclusive control of the Property subject only to the limitations and obligations of Property
Owner under this Agreement; and (d) the contractual relationship between the City and Property
Owner is such that Property Owner is an independent contractor and not an agent of the City.
10.5 Incorporation of Recitals. The recitals are specifically incorporated into this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year
first above written, as authorized by 695 of the City Council.
Ordinan
"CITY"
THE CITY OF PALM DESERT, a
munici ratioq
BY
ity Manager
M/%'n 1/A ANNF-X.DLR/JMS/111092 9
I HEREBY APPROVE the form and legality of the foregoing Agreement this clay of
December, 1992.
I
DAVI 1. ER N, City Attorney
"PROPERTY OWNER"
MC PROPERTIES, a partnership
0
n ,7etnpw cauc
MACLEOD COUCH LAND COMPANY,
a partnership
B
10
EXHIBIT "All
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE UNINCORPORATED AREA OF
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCELI:
THE NORTHERLY 455 FEET OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP
4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1956;
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, GAS, AND OTHER HYDROCARBON
SUBSTANCES AND ALL OTHER MINERALS UNDERLYING SAID LAND AS RESERVED IN
DEED FROM CHESTER W. FROUDE AND GLADYS R. FROUDE, HUSBAND AND WIFE, TO
BLANCHE STEPHEN, AN UNMARRIED WOMAN;
ALSO EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT
RIGHT ANGLES) CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT
RECORDED JULY 25, 1985, AS INSTRUMENT NO. 163780 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 2:
THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT
SURVEY;
EXCEPTING THEREFROM THE SOUTH 1470 FEET AND THE NORTH 455 FEET THEREOF;
EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT RIGHT
ANGLES CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED
JULY 25, 1985, AS INSTRUMENT NO. 163781 OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
EXHIBIT "A"
M/%77.1/A ANNEX.DLR/IMS/l11092
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��r
EXHIBIT licit
PERMITTED USES SQUARE FOOTAGE CALCULATIONS
RETAIL
Total Retail Buildings
287,100 Square Feet
HOTEL
6 Floors Q 15,600 Square Feet (184 Rooms) 93,600 Square Feet
FFICE
11 Buildings @ various sizes 326,200 Square Feet
PARKING STRUCTURE
2 Levels @ 60,000 Square Feet 120,000 Square Feet
LIGHT INDUSTRIAL
11 Buildings @ various sizes
(1 story with mezzanine) 317,867 Square Feet
7.5% Buffer 85,857 Square Feet
TOTAL 1,230,624 Square Feet
EXHIBIT licit
M/%77.1/A ANNEX.DLR/JMS/111092
EXHIBIT "D"
ZONIN
PLANNED COMMUNITY DEVELOPMENT
CHAPTER 25-23 PALM DESERT MUNICIPAL CODE
INCLUDING USES ALLOWED IN THE FOLLOWING ZONES: PCI, PC2, PC3, PC4,
O-P AND SI (SERVICE INDUSTRIAL DISTRICT)
EXHIBIT "D"
M/9677.I/A ANNEX.DLIU MS/111092
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Recording Requested By:
ICJ d erf
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WHEN RECORDED MAIL TO: 29 N f
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
• PRE —ANNEXATION AGREEMENT
cD .
U? 'C' THIS PRE -ANNEXATION AGREEMENT (hereinafter referred to as "Agreement") is made and
LN entered into this Qg day of December, 1992, by and between THE CITY OF PALM DESERT, a
ry municipal corporation (hereinafter referred to as "City"); and MC PROPERTIES, a partnership, and
MACLEOD-COUCH LAND COMPANY, a partnership (hereinafter collectively referred to as
"Property Owner").
1. RECITALS: This Agreement is predicated upon the following facts:
1.1 Propgrty Owners. MC PROPERTIES and MACLEOD-COUCH LAND COMPANY are
owners of the real property described on EXHIBIT "A" attached hereto and incorporated by reference
(hereinafter "Property"), which real property is the subject matter of this Agreement. The Property
consists of approximately 72 acres and is presently not within the boundaries of the City.
1.2 Intent of Parties. The parties desire to enter into this Agreement prior to annexation to
provide for zoning, development standards, and guidelines which will be effective upon annexation.
1.3 Zoning. The zoning for the Property shall be commercial/industrial use, as more
specifically described in EXHIBIT "D" attached hereto and incorporated herein by this reference.
1.4 Mutual Agre ment. The parties have mutually agreed to enter into this Agreement and
proceedings have been taken in accordance with the City's rules and regulations.
1.5 City Council Findings. The City Council has found that the Pre -Annexation Agreement
is consistent with the City's general plan, as well as all other applicable policies and regulations of the
City.
1.6 City Approval. On December 17, 1992, the City Council adopted Ordinance No.
( C15 approving this Agreement with Property Owner.
2. DEFINITIONS: In this Agreement, unless the context otherwise requires:
2.1 Proiect: is the development as represented by the Pre -Annexation Zoning (CZ-92-1)
approved by the City on May 28, 1992, by Ordinance No. 683.
2.2 Pro e�rty Qwner: means the person, persons or entity having a legal or equitable interest
in the real property as described in EXHIBIT "A" and includes Property Owner's successors in
interest.
2.3 Real Property: is the real property described in EXHIBIT "A," and shown on the map
attached hereto as EXHIBIT "B" and incorporated herein by this reference.
M19677 1/A ANNFX.DLR/1MS1111092
. • 124567
• 2.4 Effective Date: is the date this Agreement is approved by the City Council as set forth
in paragraph 1.6 above.
3. EXHIBITS: The following documents are referred to in this Agreement, and attached hereto
and are incorporated herein as though set forth in full:
EXHIBIT
DESIGNATION DESCRIPTION
A Legal Description of Real Property
B Map Showing Property Location
C Permitted Uses Square Footage Calculations
D Zoning Designation
4. GENERAL PROVISIONS:
4.1 Duration of Apreemen . The term of this Agreement shall commence upon the Effective
Date and shall expire ten (10) years thereafter, unless extended by written mutual agreement.
4.2 Assi nment. The rights and obligations of Property Owner under this Agreement may
i be transferred or assigned, provided such transfer or assignment is made as a part of the transfer,
assignment, sale or lease of all or a portion of the Property. Any such transfer or assignment shall
be subject to the provisions of this Agreement and the control and limitations contained herein. During
the term of this Agreement, any such assignee or transferee shall observe and perform all of the duties
and obligations of Property Owner contained in this Agreement as such duties and obligations pertain
to the portion of the Property so transferred or assigned. Property Owner shall give to the City a
notice within thirty (30) days after any such sale, assignment or transfer.
4.3 Amendment or Cancellation of Agreement. This Agreement may be amended from time
to time by the mutual consent of the parties hereto. The term "this Agreement" or "Pre -Annexation
Agreement" herein shall include any such amendment properly approved and executed.
4.4 Annexation. City agrees that the zoning described in EXHIBIT "D" shall remain in
effect throughout the term of this Agreement unless modified by mutual agreement of the parties
hereto.
4.5 Enforcement. Unless amended or cancelled as provided in Subsection 4.3, this
Agreement is enforceable by any party to it despite a change in the applicable subdivision or building
regulations adopted by City which alter or amend the rules, regulations or policies governing density
and design as they exist as of the effective date of this Agreement.
Ml9677A1A ANNFX.DLR/JMs1l11092 2
4.6 Hold Harmless. Property Owner agrees to and shall hold the City, its officers. agents,
employees and representatives harmless from liability for damage or claims or damage for personal
injury including death and claims for property damage which may arise from the direct or indirect
operations of Property Owner or those of its contractors, subcontractors, agents, employees or other
persons acting on its behalf which relate to the Project. Property Owner agrees to and shall defend
the City and its officers, agents, employees and representatives from actions for damages caused or
alleged to have been caused by reason of Property Owner's activities in connection with the Project.
This hold harmless agreement 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.
Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a
defense for the City in any action by a third party challenging the validity of the Agreement.
4.7 Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of
the Agreement inure to the parties' successors in interest.
4.8 N i s. All notices, demands and correspondence required or provided for under this
Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid.
Notice required to be given to City shall be addressed as follows:
The City of Palm Desert
• 73510 Fred Waring Drive
Palm Desert, California 92260
ATTENTION: City Manager and
Assistant City Manager and Director
of Community Development
Notices required to be given to Property Owner shall be addressed as follows:
MacLeod -Couch Land Company
777 South Pacific Coast Highway
Suite 204
Solana Beach, California 92075
ATTENTION: Myron T. MacLeod
•
Ml9677.1lA ANNEX.DL3l/IMS/111092 3
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• 12456'7
With a copy to:
SCHLECHT, SHEVLIN & SHOENBERG!✓R,
A Law Corporation
801 East Tahquitz Canyon Drive, if 100
Palm Springs, California 92262
ATTENTION: James M. Schlecht, Esq.
A party may change its address by giving notice in writing to the other party. Thereafter.
notices, demands and other pertinent correspondence shall be addressed and transmitted to the new
address.
5. CONFLICTS OF LAW:
5.1 Conflict of City and Stgle or Federal Laws. In the event that state or federal laws or
regulations enacted after this Agreement have been entered into or the action or inaction of any other
affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps or permits approved by the City, the parties shall:
5.1.1 Notice and Copies: provide the other party with written notice of such state
or federal restriction, and provide a copy of such regulation or policy and a statement of
conflict with the provisions of this Agreement;
5.1.2 Modification Conferences: within thirty (30) days meet and confer in good
faith in a reasonable attempt to modify this Agreement to comply with such federal or state
law or regulation.
5.2 Council Hearings. Thereafter, regardless of whether the parties reach an agreement on
the effect of such federal or state law or regulation upon this Agreement, the matter shall be scheduled
for hearing before the Council. Ten (10) days written notice of such hearing shall be given. The
Council, at such hearing, shall determine the exact modification or suspension which shall be
necessitated by such federal or state law or regulation. Property Owner, at the hearing, shall have the
right to offer oral and written testimony. Any modification or suspension shall be taken by the
affirmative vote of not less than a majority of the authorized voting members of the Council. Any
suspension or modification may be subject to judicial review in conformance with subsection 8.3 of
this Agreement.
5.3 !Cgppgration in Securing Permits. The City shall cooperate with the Property Owner in
the securing of any permits which may be required as a result of such modifications or suspensions.
Property Owner shall be responsible for the payment of the costs and fees for such permits.
10 ?6V9677.1;A ANNEX.DLWA1S1111092 4
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6. DEVELOPMENT OF THE PROPERTY:
6.1 Permitted Uses. For the term of this Agreement, the Property may be developed for
commercial and industrial uses as more particularly set forth in the EXHIBIT "C."
6.2 Timing of Development. The parties acknowledge that Property Owner cannot at this
time predict when or the rate at which phases of the Property will be developed. Such decisions
depend upon numerous factors which are not within the control of Property Owner, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465
that the failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties' agreement, it is
the parties' intent to cure that deficiency by acknowledging and providing that Property Owner shall
have the right to develop the Property in such order and at such rate and at such times as Property
Owner deems appropriate within the exercise of its subjective business judgment.
6.3 Changes and Amendments. The parties acknowledge that refinement and further
development of the Project will require subsequent development approvals and may demonstrate. that
changes are appropriate and mutually desirable in the existing development approvals. In the event
Property Owner finds that a change in the existing development approvals is necessary or appropriate,
Property Owner shall apply for a subsequent development approval to effectuate such change and City
shall process and act on such application in accordance with the existing Land Use Regulations.
Unless otherwise required by law, a change to the existing development approvals shall be deemed
"minor" and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or
(b) Increase the density or intensity of use of the Property as a whole; or
(c) Increase the maximum height and size of permitted buildings; or
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole; or
(e) Constitute a project requiring a subsequent or supplemental Environmental
Impact Report pursuant to Section 21166 of the Public Resources Code; or
6.4 Rules. Regulations, tions,Official Policies. The City rules, regulations, ordinances, laws,
general plans, and official policies governing development, density, permitted uses, growth
management, environmental consideration, and design criteria for purposes of this Agreement shall
be those in force and effect upon the commencement of the term of this Agreement, provided that the
City shall not alter the zoning designation set forth on EXHIBIT "D."
M/9677.1lA ANNEX.DLR/1MSl11109?
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• 6.4. I Application of Subsequently Enacted Rules, Regulations, Etc. Except as
set forth in Section 4.5, the City may, hereafter, during the term of this Agreement, apply
only such newer City enacted or modified rules, regulations, ordinances, laws, general or
specific plans, and official policies which are not in conflict with those in effect on the date
of this Agreement and application of which would not prevent development in accordance
with subsections 6.1 and 6.2. However, this section shall not preclude the application to the
Property of changes in City laws, regulations, plans or policies specifically mandated and
required by changes in state or federal laws or regulations. In such an event, the provisions
of Section 5 of this Agreement are applicable.
6.4.2 Application of Subsequently Revised Fees and/or ImprovementStandards.
Application, processing and inspection fees, improvement standards as set forth in the City
subdivision regulations and construction standards and specifications that are revised during
the term of this Agreement shall apply to the Project pursuant to this Agreement provided
that: (a) such fees, standards and specifications apply to all public works within the City, (b)
their application to the Property is prospective only as to applications for building and other
development permits or approvals of tentative subdivision maps not yet accepted for
processing, and (c) their -application would not prevent development in accordance with
subsections 6.1 and 6.2.
7. DEVELOPMENT PROGRAM:
7.1 9y. The City hereby agrees that it will accept from Property Owner for processing and
review all development applications, for development permits or other entitlements for the use of the
Property in accordance with this Agreement, provided that said applications are submitted in
accordance with City rules and regulations. The City waives any requirement for minimum site size
otherwise provided in the zoning set forth in EXHIBIT "D."
7.2 Duty to Pay Development Fees. Property Owner hereby agrees to pay the requisite
development fees at the time such fees are customarily required by the City.
7.3 Cooperation in Installation of Traffic Signals. Traffic lights are proposed to be installed
by certain owners at the intersection of Monterey Avenue and the roadway which the Property Owner
proposes to use as the principal access into their property. Such access roadway is currently designed
to proceed in an east/west direction, to approximately the easterly boundary line of the Property
Owner's property and to thereafter proceed northeasterly to intersect Dinah Shore Drive at a right
angle. The area where such northeasterly turn in the roadway is proposed is owned by Monterey
Palms. The City agrees to cooperate in good faith to obtain the placement of such traffic lights and
the installation of a left turn lane or lanes at such intersection with Monterey. If the City requests the
installation of the traffic signal prior to the time the Property, or some portion thereof, is developed,
the City shall be responsible for the cost to install the traffic lights and left turn lane or lanes, except
that Property Owner agrees to participate in an assessment district for such installation if the City
elects to form one. Otherwise, the Property Owner shall be responsible for such costs in all other
events, including development of the Property.
M/9677 1/A ANNF,<.DLR/JMS/L11692 6
7.4 Subdivision. City agrees property owner may divide the Property into lots and/or parcels
not exceeding ten (10) in number without the necessity of filing a Specific Plan on the Property.
8. ENFORCED DELAY, DEFAULT. REMEDIES AND TERMINATION:
8.1 General Provisions. In the event of default or breach of this Agreement or of any of -its
terms or conditions, the party alleging such default or breach shall give the breaching party not less
than thirty (30) days Notice of Default in writing. The time of notice shall be measured from the date
of certified mailing. The Notice of Default shall specify the nature of the alleged default and, where
appropriate, the manner and period of time in which said default may be satisfactorily cured. During
any period of curing, the party charged shall not be considered in default for the purposes of
termination or institution of legal proceedings. If the default is cured, then no default shall exist and
the noticing party shall take no further action.
8.1.1 Option to Institute Legal Proceedings or to Terminate. After proper notice
and the expiration of said cure period, the noticing party to this Agreement, at its option, may
institute legal proceedings pursuant to Subsection 8.5 hereof.
8.1.2 W iv r. Failure or delay in giving Notice of Default pursuant to this
section shall not constitute a waiver of any default. Except as otherwise expressly provided
in this Agreement, any failure or delay by the other party in asserting any of its rights or
remedies as to any default shall not operate as a waiver of any default or of any such rights
or remedies or deprive such party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any such rights or
remedies.
8.2 Enforced Delay, Extension of Time of Performance. In addition to specific provisions
of this Agreement, performance by either party hereunder shall not be deemed to be in default where
delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires,
casualties, acts of God, governmental restrictions imposed or mandated by other governmental entities,
enactment of conflicting state or federal laws or regulations, new or supplementary environmental
regulations, litigation, or similar bases for excused performance. If written notice of such delay is
given to City within thirty (30) days of the commencement of such delay, an extension of time for such
cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually
agreed upon. Such an extension shall commence to run from the time of commencement of cause.
8.3 Institution f Legal Action. In addition to any other rights or remedies, either party may
institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements
herein or to enjoin any threatened or attempted violation thereof; to recover damages for any default;
or to obtain any remedies consistent with the purposes of this Agreement. Such legal actions must be
instituted in the Superior Court of the County of Riverside, State of California, or in the Federal
District Court in the Central District of California.
M19677.I/A ANNEr.DLRJJMS/i11092 7
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8.4 Applicable Laws/Attorneys' Fees. This Agreement shall be construed and enforced in
accordance with the laws of the State of California. Should any action be brought in any court of
competent jurisdiction, the prevailing party in such action shall be entitled to recover all attorneys'
fees, court costs and necessary disbursements in connection with such litigation.
8.5 Costs of Collection. In the event that it becomes necessary for the prevailing party of
any action contemplated in paragraph 8.4 to enforce a judgment rendered against the losing party, the
prevailing party shall be entitled to recover from the losing party the costs incurred in enforcing such
judgment including, but not limited to attorneys fees. This provision is intended to be severable from
the other provisions of this Agreement and is intended to survive any such judgment and is not to be
deemed merged into such judgment.
9. ENCUMBRANCES AND RELEASES ON REAL PROPERTY:
9.1 Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent
or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the
Property or any portion of any improvement thereon by any mortgage, deed of trust or other security
device securing financing with respect to the Property. City acknowledges that the lenders providing
such financing may require certain modifications and City agrees, upon request, from time to time,
to meet with Property Owner and/or. representatives of such lenders to negotiate in good faith any such
request for modification. City further agrees that it will not unreasonably withhold its consent to any
such requested modification. Any mortgagees or trust deed beneficiaries of the Property shall be
entitled to the following rights and privileges.
9.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary
of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the
Property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested in
writing to the City, shall be entitled to receive written notification from the City of any default by
Property Owner in the performance of Property Owner's obligations under this Agreement which is
not cured within thirty (30) days.
9.3 ProWrty Subject to Pro Rat -Claims. Any mortgagee who comes into possession of the
Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu
of such foreclosure, shall take the property, or part thereof, subject to any pro rats claims for
payments or charges against the Property, or pan thereof, secured by such mortgage which accrue
prior to the time such mortgagee comes into possession of the property, or part thereof.
9.4 Releases. City hereby covenants and agrees that upon payment of all fees required under
this Agreement with respect to the Property, or any portion thereof, City shall execute and deliver to
County Recorder appropriate release or releases of further obligations in form and substance acceptable
to the County Recorder or as may otherwise be necessary to effect such release.
0
M/46TI.11A ANNEX.DLRlJMS/111092 8
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10. MISCELLANEOUS PROVISIONS: 121567
10.1 Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, and "may" is permissive.
If there is more than one signer of this Agreement, their obligations are joint and several.
The time limits set forth in this Agreement may be extended by mutual consent of the parties
in accordance with the procedures for adoption of an agreement.
10.2 Sgverability. The parties hereto agree that the provisions are severable. if any provision
of this Agreement is held invalid, the remainder of this Agreement shall be effective and shall remain
in full force and effect unless amended or modified by mutual consent of the parties.
10.3 Entire Agreement. Waivers and Amendments. This Agreement constitutes the entire
understanding and agreement of the parties. This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between
the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions
of this Agreement must be in writing and signed by the appropriate authorities of the City or of
Property Owner. All amendments hereto must be in writing signed by the appropriate authorities of
the City and Property Owner. Upon the completion of performance of this Agreement or its earlier
revocation and termination, a statement evidencing said completion or revocation shall be signed by
the appropriate agents of Property Owner and the City.
10.4 Project is a Private Undertaking. It is specifically understood and agreed to by and
between the parties hereto that: (a) the subject development is a private development; (b) the City has
no interest or responsibilities for or duty to third parties concerning any improvements until such time
and only until such time that the City accepts the same pursuant to the provisions of this Agreement
or in connection with the various subdivision map approvals; (c) Property Owner shall have full power
over and exclusive control of the Property subject only to the limitations and obligations of Property
Owner under this Agreement; and (d) the contractual relationship between the City and Property
Owner is such that Property Owner is an independent contractor and not an agent of the City.
10.5 Incorporation of Recitals. The recitals are specifically incorporated into this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year
first above written, as authorized k MODUMM No. 695 of the City Council.
W"Ordinarice
NV9677.1/A ANNEK.DLR/JNtS/111092 9
"CITY"
THE CITY OF PALM D ` T, a
munici al corporation
BY A
, City Manager
•
0 12456'7
I HEREBY APPROVE the form and legality of the forego' n greement this JLFKday of
December, 1992. /
H
DAVII3 17 ERWIN, City Attorney
"PROPERTY OWNW'
MC PROPERTIES, a partnership
MACLEOD COUCH LAND COMPANY,
a partnership
BYY�A+''l�L
Tnr7rov .T �Maf` (�Af�
• � 124567
ALLrPURPOSE CERTIFICATE
I �
• State of California )
l$24156 i
County of Riverside )
Oo MOLY-<h. ),1 %013 , before me, ink P� _Ae R .5AMC12 -feVi, a Notary Public in and for said State, personally
appeared 3 ry r__ 1p. A . A1+r)' 1Qj ✓1 _
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(*) whose name(s) is/afesubscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/lief/theitauthorized capacity(iec), and
` that by his/her/theirrsignature(&) on the instrument the person(s}, or the entity upon behalf of which the person(4acted, executed
the instrument.
WITNESS my hand and official seal. ofticut SM i
l AMCHELLE E. SKRAMSTAD
� �,�^ n - Notary I�bYctaNfanl.
—' i 1 4 SC _ C� ►tivinu u offer w
` Signature t(' �.i_ avFtotY My(sea)))
Nov. , `
l'M56 i
STATE OF CALIFORNIA
ss
COUNTY OF RIVERSIDE )
On .3 ,2�, 19_!�13 , before me, VAUGHN DISHMAN, a Notary
Public in and fatsaid State, personally appeared DAVID J. ERWIN,
personally known to me o
e to be the person N whose name(', is/fie
subscribbd to the within instrument and acknowledged to me that
he/shQ/t� executed the same in his/ht /ttsAr authorized
capacity(i and that by his/fte�r/th`ikir signatures( on the
instrument the person(, or the entity upon behalf of which the
person(�s.� acted, executed the instrument.
WITNESS my hand and official seal.
VAUGHN DISHMAN
c h%L 09796" r Notary Ridblic
r+wcwat�.
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CERTIFICATE OF AC GMENT �rc- Ann�1c. Ayrc.. ' ta�•k C `� 0A f RY^ Ii� L>[66.�-
..:....................................................................... .................
State of California On �. br„caru Q f 9 93 5 ki'tt
before me, � M-•'% ,
• SS• (dates (name and title of officer)
County of Jano /`%iZuy pwhli�
SAPHIRE MANN
• Coofm.A957040
: ARr PUBLIC-CAUFO
PLAN o1E00 COUNTY
• lay C 0M. Exor.o Mar. 5.1096
.................
personally appeared
Johat141)ru eytact, 6A^&4J Pads , M. d. A-epwhes --.
personally known tome
to be the personia whose nameW is/me subscribed to the within instrument :
and acknowledged to me that heexecuted the same in his/hrF#ttpjr
p authorized capacitytico, and that by his/ signa[ure(o on the instru-
ment the person(o, or the entity upon behalf of which the person(,$ acted.
executed the instrument.
WITNESS my hand and official seal.
Notary's Signature
®rle - Artrty+co.{tt..t �}9r�re►•nuel- t,Jr'�'t CJtf.1 a� P..P.r,
CERTIFICATE OF ACKNOWLEDGMENT
.........................................................................................................................
State of California On before me,-aP0*4" - )R�,
• SS. (date) (name and title of officer)
- � County of � �'uro
SAPHIRE MANN •
COMM. 0959040
• TART PUMIC • CAWORNt Q
: SAN NE0000UNTY 11
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personally appeared
nl yreK T, Ivae 4"A , 644 004'r>{rtl t, I'rJ C. �ieita fps
personally known tome
to be the persona} whose name( is/4te subscribed to the within instrument
and acknowledged to me that he/stwWay executed the same in hiv1r=%ir
authorized capacity(iW, and that by his/ r signature(e( on the instru-
ment the person(s). or the entity upon behalf of which the person('% acted,
executed the instrument.
WITNESS my hand and official seal.
Notary's
................
lure
• , .......... -* *—* !-. L... �_.- ................ 6........ .
CERTIFICATE OF ACKNOWLEDGMENT
......................................... ................. .... ......:......................................2 . S7
.................
State of California On ! AP i993 before me. SlipA%re_ /!'?&nnL
SS. t ate) (name and title or officer)
County of Jw 1� 290
' /�'CTsryN �LL�G
_ 1—personally appeared
/�i7olrc � S f%fu �yi5.crt.���.lxt (� �--- •
Personally known to me
`• lobe the person(io whose name(*) is/
awsubscribed to the within instrument
i' U SAPHIRE MANN and acknowledged to me that he/ executed the same in his/a,
)' COMM."590c0 3 authorized capacity(=, and that by his/h it signature(*) on the instru-
YPr1°�'u'�nn+ men[ the rson
t �+ pe (, or the entity upon behalf of which the person( acted,
executed the instrument.
)• WITNESS my hand and official seal.
Notary's Signature
........................................ .....................
............,.................
................... ................:
CERTIFICATE OF ACKNOW
GMENT 114567
State of California
•••••••••
3 ••• before ."—I Am M.. , ••••••
On rK /o /99e
• County of —/2-7;;er
SS. � diet (name and titleof of tcv)
IV 7l iC
personally appeared
G/Rdys T. /�Iaolacri ,�i�cusD�,orhuit, �j.0 ���jat►es --
personally known to me
to be the persons) whose namean is/* subscribed to the within instrument
SAPHIRE MANN
cwm MS0d0
and acknowledged to me that bWshe/FWy executed the same in ki/herAlfair
10T RYN&IG•CMrF0FWIA
BAN
authorized capacity0l%, and that by h;/her/ttsitr signature(* on the instru-
D1600 iwn ,
tar Can. F1pY.. Mv. 6. i a011
ment the personal, or the entity upon behalf of which the person@j acted,
executed the instrument.
WITNESS my hand and official seal.
Notary's Signature
CERTIFICATE OF ACKNOWLEDGMENT Prt. Anttvirc 41— Agrsemu& -)A C% sp P01 Asauf- 114567
State of California
On fide«•eti 9 /49 before me, —C-phb^ Ndot".,
SS.
dale) (name and dile of officer)
Count of %cva •t 8%ho
y
personally appeared
John J^etr C oiarli, bute.� Ps.l+w, I7lealmd t"oYccit Lsnd (o,
personally known to the
to be the person*) whose named) istaw subscribed to the within instrument
and acknowledged to me that he/sigoitsy executed the same in his/htooW*k
SAPHIRE MANN
authorized capacity(it:0, and that by his/hiczUFh tsignature(f0 on the instru-
Comm. 9040
ment the person(s), or the entity upon behalf of which the person(* acted,
aANaeootwvarr`Q""�?
executed the instrument.
WITNESS my hand and official seal.
NotarySignature
Prx-fQnnyrr ln.s 9rssnt+w{ c.1.'fli117""Z' of P In bi/}567
CERTIFICATE OF ACKNOWLEDGMENT
........................................................................................»..............................
State of Callfomia
On before me, 6cnpltlfe MartK,
SS.
(dale) (name and iiik of office it
�Q ill Q !!!{{{
County of �� o
f�f p¢„t,y f7K,�l.�, rsonally appeared
/Y�y�ai T. Yl'�[ic4ed; G.enaoltiP��xcr Y11acGaA(bYuJ�lu.lo? C'o� .
SAPHIRE
personally known tome
be
MANN
Comm. sttOtO
aAnv Ftmuc.cau:orw
to the personoy whose name(" is/aw subscribed to the within instrument
and acknowledged to me that he/siheahey executed the same in his/hcaRArtr
cuieraocou:rr
and that by his/hesr
authorized capacity(iWWwi instru-
Aft G— a e'i"'a'i00''
, signature*) on the :
meni the person`q, or the entity upon behalf of which the person(" acted,
executed the' instrument.
WITNESS my hand and official seal.
Notary's Signature
State of California l
On /O /4 9$ before me, s�cnyi� %I`%avt,
` j SS.
County of VLL� ��o
�1ei fame and Wit of officer
!l1111
1—�
rsonally appeared
�fziisul S %11.rc1 tod Gut...l Pam. a,Zta � �•rs(['o
personally known to nw (
to be the person(h) whose name(s) iVW subscribed to the within instrument
SAPHIRE MANN
and acknowledged to me that he/shaxbry executed (he same in his/ht:tshpir
ComA.185'9u0�10,,�,,9
TwtO� cAUFon�
authorized capacitypg), and that by hissignaturepq on the insiru-
ment the person(*, or the entity behalf
upon of which the personW acted,
orca...t.ew..ue.e.,out+t
executed the instrument.
WITNESS handandofficial seal.
-�myy
��' 7'/"Z.-y -
Notary's Signature
EXHIBIT "All
LEGAL _DESCRIPTION
1.2456'7
THE LAND REFERRED TO HEREIN IS SITUATED IN THE UNINCORPORATED AREA OF
THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: A plI b53
THE NORTHERLY 455 FEET OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP
4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 29, 1856;
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, GAS, AND OTHER HYDROCARBON
SUBSTANCES AND ALL OTHER MINERALS UNDERLYING SAID LAND AS RESERVED IN
DEED FROM CHESTER W. FROUDE AND GLADYS R. FROUDE, HUSBAND AND WIFE, TO
BLANCHE STEPHEN, AN UNMARRIED WOMAN;
ALSO EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT
RIGHT ANGLES) CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT
RECORDED JULY 25, 1985, AS INSTRUMENT NO. 163780 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
PARCEL2: AN &53--�60-009-1�
THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT
SURVEY;
EXCEPTING THEREFROM THE SOUTH 1470 FEET AND THE NORTH 455 FEET THEREOF;
EXCEPTING THEREFROM THE WESTERLY 55 FEET THEREOF (MEASURED AT RIGHT
ANGLES CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED
JULY 25, 1985, AS INSTRUMENT NO. 163781 OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
0 EXHIBIT "A"
AU%77.I/A ANNEY.DLR/JMS/iIID92
0
•
0
P. C. (3)
P C-(3)
� 1 :2 suBircr pRoPERrr
F-7:3
u
IM
P.C.D.
P. C. -(2)
-3 &-.----7
EXHIBIT licit
PERMITTED USES SQUARE FOOTAGE CALCULATIONS
RETAIL
Total Retail Buildings
287,100 Square Feet
HOTEL
6 Floors @ 15,600 Square Feet (184 Rooms)
93,600 Square Feet
OFFICE
11 Buildings @ various sizes
326,200 Square Feet
PARKING STRUCTURE
2 Levels @ 60,000 Square Feet
120,000 Square Feet
LIGHT INDUSTRIAL
l 1 Buildings iQ? various sizes
(I story with mezzanine)
317,867 Square Feet
7.5% Buffer
85,857 Square Feet
TOTAL
1,230,624 Square Feet
EXHIBIT licit
M/9677.1 /A_ANN FX. DLW J MS/ 111092
124567
EXHIBIT "D"
ZONING
PLANNED COMMUNITY DEVELOPMENT
CHAPTER 25-23 PALM DESERT MUNICIPAL CODE
INCLUDING USES ALLOWED IN THE FOLLOWING ZONES: PC1, PC2, PC3, PC4,
O-P AND SI (SERVICE INDUSTRIAL DISTRICT)
:7
• EXHIBIT "D"
Ml9677.1/A ANNEX.DLA/)MSf111092