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HomeMy WebLinkAboutORD 824ORDINANCE NO. 824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO THE WAIVER OF CERTAIN PROVISIONS OF CHAPTER 25.100.020 OF THE MUNICIPAL CODE. CASE NO. DA 96-1 AS IT RELATES TO CASE NO. PP/CUP 96-28 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of January, 1997, hold a duly noticed public hearing which was continued to a public hearing on February 13, 1997, to consider the request by INTRAWEST RESORT OWNERSHIP CORPORATION for approval of a development agreement waiving certain provisions of Chapter 25.100.020 of the Municipal Code (time-share projects); and WHEREAS, the Planning Commission by its Resolution No. 1777 has approved Case PP/CUP 96-28, subject to conditions; and WHEREAS, Condition No. 8 of Resolution No. 1777 requires that the applicant obtain approval of a development agreement which grants a waiver to the Municipal Code requirement that any timeshare in the city be developed in conjunction with a resort hotel having 500 or more rooms; and WHEREAS, a draft development agreement has been prepared which specifies certain benefits to the city for granting the waiver and proceeding with this project; and WHEREAS, at said public hearing, City Council heard and considered all testimony and arguments of all interested persons. 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 DA 96-1 Exhibit "A" attached hereto is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 824 - PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 27th day of February, 1997, by the following vote, to wit: AYES: CRITES, SNYDER, SPIEGEL, KELLY NOES: BENSON ABSENT: NONE ABSTAIN: NONE . A7EST: ji ,- SHEILA R-G1CLIGAN, gfy]Clerk City of Palm Desert, Ca ' rnia a 2 EXHIBIT "A" RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Exempt From Recording Fees pursuant to Government Code § 6103 (Above Space for Recorder's Use Only) DA 96-1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 27th day of February , 1997, by and between the CITY OF PALM DESERT, a municipal corporation ("City"), and INTRAWEST RESORT OWNERSHIP CORPORATION, a corporation organized and existing under the laws of the Province of British Columbia, Canada ("Developer") and is made with reference to the following background facts and circumstances: RECITALS A. California Government Code Section 65864 et seq., provides that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. Pursuant to California Government Code Section 65865, the City has adopted Ordinance Nos. 341 and 589, which establish procedures and requirements for the approval of development agreements. B. Developer proposes to develop a 600 unit time-share project in the City on real property (the "Property") described in Exhibit "A," attached hereto and incorporated herein by this reference. In connection therewith, Developer has prepared a Development Plan, which specifies the number of units (the "Project") that shall be developed pursuant to the terms of this Agreement. The Development Plan is attached hereto as Exhibit "B" and is incorporated herein by this reference. C. Palm Desert Municipal Code Section 25.100.020 provides, in part, that any time-share project shall be developed in conjunction with a resort hotel having 500 rooms or more. The primary purpose of this requirement is to insure that a time-share project is managed and operated in the same qualitative way as a major hotel. The City has determined that this purpose can be fulfilled in the development of this Project even in the absence of the development of a 500 room resort hotel. Therefore, in lieu of SAJ94942 DA 96-1 the requirement that a 500 room resort hotel be developed in conjunction with the Project, the City shall require the development, ownership, and management of the Project to conform to and satisfy the following: 1. Developer shall develop the Project in accordance with that certain Disposition and Development Agreement between the Palm Desert Redevelopment Agency (the "Agency") and Developer, dated February 13 , 1997, which shall provide the City with economic benefits comparable to those anticipated from a 500 room resort hotel. 2. Developer or its Affiliate shall operate this Project in the same or a similar manner as the other time- share projects that Developer or its Affiliate operates. 3. Developer has incorporated the Intrawest Resort Club (the "Club"), a non-profit, non -stock corporation, which has over 3,000 existing members. The Club creates and issues Resort Points. Resort Points may be purchased from Developer and may be.used as currency to acquire a proportionate share of the right to occupy resort accommodations (including the resort accommodations that will be developed on the Property). The Club is responsible for managing and maintaining the Project. Upon completion of the various phases of the improvements, applicable portions of the Property shall be transferred to a trust that shall own the Project for the benefit of the Club members. Upon such transfer to the trust, such portions of the Property shall be owned free and clear of any mortgages, liens and encumbrances. 4. The design and construction of the Project will be comparable in quality to a resort hotel, and the Developer's method of organization and operation shall provide for management of the Project in the same fashion as a luxury hotel. D. Palm Desert Municipal Code Section 25.100.035(G) requires that all time-share interests in a time-share project shall be subject to an impact mitigation fee of one hundred fifty dollars per week share sold. Although time-share interests in this Project are sold using Resort Points, the Resort Points shall be used to create fifty time-share week interests per unit. Therefore, the Developer shall pay the sum of Seven Thousand Five Hundred Dollars ($7,500.00) per unit to the City as the impact mitigation fee required by Section 25.100.035(G). Said sum shall become due to the City six months after the date the Certificate of Occupancy has been issued for each unit. E. City has given notice of its intention to adopt this proposed Agreement, has conducted public hearings thereon pursuant to Government Code Section 65867, and Palm Desert Municipal Code Ordinance Nos. 341 and 589, has taken action in accordance with the California Environmental Quality Act, and has found that the OR% ..r on% SAJ94942 - 2 - provisions of this Agreement and the objectives, policies, general in the City's general plan, and DA 96-1 its purposes are consistent with land uses and programs specified ny applicable specific plan. F. City, by electing to enter into contractual agreements such as this one, acknowledges that the obligations of City shall survive beyond the terms of the present city council members of City, and that such action will serve to bind City and future Councils to the obligations thereby undertaken. In addition, this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the city council has elected to exercise certain governmental powers at the time of entering this Agreement rather than deferring its actions to some undetermined date in the future. G. The terms and conditions of this Agreement have undergone extensive review by City and its Council and have been found to be fair, just and reasonable, and prompted by the necessities of the situation so as to provide extraordinary benefits to the City. The City and its Council have further found that the pursuit of the Project will serve the best interests of the citizens and that the public health, safety and welfare will be best served by entering this Agreement. H. This Agreement and the consent of Developer to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly Development of the Property, eliminate uncertainty about the validity of exactions imposed by the City, ensure timely installation of necessary improvements, provide for public services appropriate to the Development of the Project, and generally serve the public interest. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Definitions. The following terms when used in this Agreement shall be defined as follows: "Affiliate" means an entity which controls, is controlled by or is under common control with the Developer. "Current Development Approvals" means all Development Approvals approved or issued before the Effective Date, and still valid and unexpired on the Effective Date. "Current Land Use Regulations" means all Land Use Regulations valid in effect and of public record on the Effective Date. "Developer" means Intrawest Resort Ownership Corporation, a corporation organized and existing under the laws of the Province of British Columbia, Canada, and its successors in interest to all or any part of the Property. SAJ94942 - 3 - DA 96-1 "Development" means the initial and original improvement of the Property by constructing and completing the buildings, •r structures, improvements, and facilities which are part of the Project including, but not limited to, grading; the construction of on -site or offsite public facilities and improvements; and %No landscaping. "Development" does not include maintenance, repair, reconstruction or redevelopment of any building, structure, improvement, or facility after its initial construction and completion unless such repair, reconstruction or redevelopment is undertaken as a result of casualty or condemnation of the Project and such repair, reconstruction or redevelopment is performed and completed in a manner consistent with the Development Plan. "Development Approvals" means all permits, licenses or other entitlements, whether discretionary or ministerial, subject to approval or issuance by the City in connection with the Development of the Property, including, but not limited to, specific plans and amendments, tentative and final subdivision and parcel maps, conditional use permits and site plan reviews, zoning and zone changes, and grading, building and occupancy permits. "Development Plan" means the Current Development Approvals and the Current Land Use Regulations which control Development of the Property, and the description of the Project as set forth in City of Palm Desert Precise Plan/ Conditional Use Permit 96-28 and Tentative Trace Map 28451. "Effective Date" means the date this Agreement is recorded with the County Recorder. ,t,,o "Exaction" shall mean any requirement of the City in connection with or pursuant to any Land Use Regulation or Development Approval for dedication of land, construction or improvement of public facilities, payment of fees, or other contribution required in order to address the impacts of Development on the community, or for other public purposes. Processing fees shall not be considered exactions for the purpose of this Agreement. "Land Use Regulations" means all ordinances; resolutions; codes; rules; regulations; and official policies whether adopted by ordinance, resolution, or otherwise; of the city controlling or regulating any aspect of the Development and use of land, including, but not limited to, the permitted uses of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the reservation or dedication of land for public purposes; sign regulations; zoning covering any subject, including, but not limited to, those subjects listed in Government Code Section 65850; and the design, improvement and construction standards and specifications for Development of the Property. Land Use Regulations does not include OM any City ordinance, resolution, code, rule, regulation or official policy, governing the conduct of business, professions, and occupations; taxes and assessments; the control and abatement of %W+ SAJ94942 - 4 - DA 96-1 nuisances; the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or the exercise of the power of eminent domain. "Subsequent Development Approvals" means all Development Approvals required after the Effective Date in connection with the Development of the Property. "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of the Agreement. 2. Binding Effect of Agreement. Development of this Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement. The Property and Developer are subject to each term, condition and covenant of this Agreement. 3. Ownership of Property. Developer represents that it is a party to a Disposition and Development Agreement between the Agency and Developer, dated February 13 , 1997 (the "DDA") . Upon satisfaction of the conditions set forth in the DDA, Developer shall acquire fee title to a portion of the Property, and shall acquire an option to purchase a portion of the Property. 4. Relationship of the Parties. It is hereby specifically understood and acknowledged that the Project is a private project and that neither City nor Developer will be deemed to be the agent of the other for any purpose whatsoever. City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners. 5. Term. The term ("Term") of this Agreement is fifteen (15) years from the Effective Date, subject to earlier termination or extension as hereinafter provided. 6. Termination. In addition to termination of this Agreement pursuant to Section 24, this Agreement shall deemed terminated and of no further effect upon occurrence of any of the following events: 6.1. Expiration of this Agreement as set forth in Section 5. 6.2. Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. 6.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement, or overriding or repealing any ordinance, law or Current Land Use Regulation which Developer determines is reasonably necessary to the completion of SAJ94942 - 5 - DA 96-1 the Project in accordance with the Development Plan and Developer's budget thereof. O"M 6.4. Termination of the DDA. •%Lw Upon termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to: (a) any obligation to have been performed before such termination; (b) any default in performance of the provisions of this Agreement which has occurred before such termination; or (c) any obligations which are specifically set forth as surviving this Agreement. 7. Project Approval and Vesting Rights. 7.1. CEOA Review. The Project implements a land use plan for which an Environmental Impact Report was prepared and certified as City of Palm Desert Resolution 94-119 on November 16, 1994. Therefore, the provisions of the California Environmental Quality Act have been met and satisfied. 7.2. Rights to Develop. The City hereby approves the proposed uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for purposes as set forth in the Development Plan. 7.3. Existing Rules to Govern. Subject to the terms, conditions and covenants of this Agreement, Developer has a vested right to develop the Property in accordance with the Current Land Use Regulations, during the Term of this Agreement. Such rules and regulations shall continue to apply, notwithstanding the development of the Project as provided herein, to the reconstruction of any Developer Improvements or offsite improvements damaged or destroyed from any cause. 7.4. Timing of Development. The parties acknowledge that Developer 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 Developer, such as market orientation and demand, interest rates, absorption, completion and other similar factors. 7.5. Waiver of Palm Desert Municipal Code Section 25.100.020. The City and Developer agree that the provisions of Palm Desert Municipal Code Section 25.100.020 relating to the requirement that a time-share project be developed in conjunction with a five hundred (500) room hotel shall not apply to the Project, and City hereby waives the applicability of said provision in said Section to the Project. 8. Impact Mitigation Fee. In accordance with Palm Desert Pam Municipal Code Section 25.100.035(G), the Developer shall pay the sum of Seven Thousand Five Hundred Dollars ($7,500.00) per unit to the City as an impact mitigation fee. Said sum shall become due to ...• SAJ94942 - 6 - DA 96-1 the City six months after the date the Certificate of Occupancy has been issued for each unit. 9. Public Works. If Developer is required by the Development. Plan or this Agreement to construct any public works facilities or improvements which will be dedicated to the City or any other public agency upon completion, and if required by the applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to the City or such other public agency should it have undertaken the construction. 10. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the Development of the Property, separately or jointly with the City, and this Agreement does not limit the authority of such other public agencies. 11. Processing of Applications and Permits. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations and Subsequent Development Approvals shall apply to the Development of the Property: 11.1. Processing of building permits as required by law relating to any specific improvements proposed for the Project pursuant to the applicable provisions of the City's Municipal Code which are in effect on the Effective Date of this Agreement. 11.2. Processing fees and charges usually and uniformly imposed by the City on applicants and projects to cover the estimated actual costs to the City of processing applications for: (a) Subsequent Development Approvals, including, but not limited to, architectural review; (b) monitoring compliance with any Subsequent Development Approvals; and (c) monitoring compliance with environmental mitigation measures. In acting upon the Subsequent Development Approvals, the City shall process and review any and all applications in the normal manner for processing such matters, and shall apply the Current Land Use Regulations. This Agreement shall not prevent the City from denying or conditionally approving Subsequent Development Approvals on the basis of the Current Land Use Regulations consistently applied to the Project and all other projects materially similar thereto. 11.3. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. 11.4. Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, and Grading Code. SAJ94942 - 7 - DA 96-1 11.5. Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to protect the oft public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide Developer with the rights and assurances provided under this v Agreement. In the event of a dispute between the City and Developer with respect to this provision, the dispute shall be resolved by a court of competent jurisdiction. 11.6. Regulations which are not in conflict with the Development Plan. 11.7. Regulations which are in conflict with the Development Plan provided Developer has given written consent to the application of such regulations to the Development of the Property, which consent may be granted or withheld in Developer's sole and absolute discretion. 12. Assignment. 12.1.. Assignment of Rights Without Property Transfer. No sale, transfer or assignment of any right or interest under this Agreement shall be made without a sale, transfer or assignment of all or a portion of the Property. 12.2. Right to Assign. Subject to approval by the City, Developer shall have the right to sell, transfer or assign ^' all or any portion of the Property (provided that no such partial transfer of the Property shall be permitted to cause a violation of %WWO Government Code Sections 66410, et seq.) to other individuals or entities for Development during the term of this Agreement, provided, however, that no sale, transfer or assignment taking place prior to the completion of construction of the Development improvements shall be made without an assignment and assumption of the rights, duties and obligations arising under or from this Agreement. Any such sale, transfer or assignment shall be conditioned on the following: 12.2.1. At least fifteen (15) business days prior to any such sale, transfer or assignment, Developer shall provide the City with written evidence and documentation, of a form and substance satisfactory to the City, demonstrating the experience, capability, competence and financial ability of the proposed buyer, transferee or assignee to carry out and complete Development of the Project in accordance with the terms of this Agreement. 12.2.2. Concurrently with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, Developer shall notify the City, in writing, of any such sale, transfer or assignment, and shall provide the City with an agreement, in a form reasonably acceptable to the City, executed by wpm the purchaser, transferee or assignee and stating that the purchaser, transferee or assignee expressly assumes all the duties and obligations of Developer under this Agreement. r-+ SAJ94942 - 8 - DA 96-1 12.2.3. City shall consent to any such sale, transfer or assignment, which consent shall be in the sole and absolute discretion of the City. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Section 11.2.2, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to the benefit of such purchaser, transferee or assignee until or unless such agreement is executed. 12.3. Change in Controlling Interest. The change in controlling interest of Developer shall not be deemed an assignment, provided, however, that no such change in controlling interest shall release the original Developer named herein from the obligations and duties hereof. 12.4. Transfer to Affiliate. Notwithstanding Section 12.2, Developer shall not be required to submit the evidence and documentation called for in Section 12.2.2, or obtain the prior consent of the City, if such sale, transfer or assignment is to an Affiliate of Developer. The sale, transfer or assignment of the Property to an Affiliate of Developer shall not release Developer from its obligations and duties hereunder. 13. Review of Compliance. 13.1. Periodic Review. The Director of Community Development or the Planning Commission shall review this Agreement at least once each calendar year during the Term of this Agreement in order to ascertain whether Developer is in compliance with the terms and conditions set forth herein. Within thirty (30) days of receiving a request from the Director of Community Development, Developer shall submit an annual report, in a form acceptable to the Director of Community Development, to the City. 13.2. Special Review. In the event of an alleged default of this Agreement or the DDA, the Director of Community Development or the Planning Commission may order a special review to determine if Developer is in compliance with this Agreement. Said special review shall be conducted by the Director of Community Development or the Planning Commission. 13.3. Procedure for Review. 13.3.1. During any periodic or special review, Developer shall have the burden of proof with respect to and must demonstrate its good faith compliance with the terms of this Agreement. 13.3.2. Upon completion of a periodic or special review, the Director of Community Development or the Planning Commission, as applicable, shall make a determination as to whether Developer has complied in good faith with the terms of this SAJ94942 - 9 - DA 96-1 Agreement. -If the Director of Community Development or the Planning Commission, as applicable, determines, on the basis of ..� substantial evidence, that Developer has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. ..r 13.3.3. If the Director of Community Development or the Planning Commission, as applicable, determines, on the basis of substantial evidence, that Developer is in Default, the findings of the Director of Community Development or the Planning Commission, as applicable, shall be submitted to the City Council. 13.3.4. The City Council shall thereafter set the matter for public hearing and shall provide the Developer with at least ten (10) days prior notice of the hearing. Said notice shall contain: (a) the time and place of hearing; (b) a detailed statement of the City's facts and contentions; and (c) such other information as is reasonably necessary to inform Developer of the nature of the claims being asserted by the City. 13.3.5. At the time and place set for hearing, Developer shall be given an opportunity to be heard, to present oral and written evidence and to respond to the contentions of the City. If the City Council finds, based on all the evidence, that Developer has not complied in good faith with the terms of this Agreement, the City Council may, subject to Developer's right to cure (if any) exercise its remedies set forth in section 23. The decision of the City Council shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. 13.3.6. If the City Council finds, based on all the evidence, that Developer has complied in good faith with the terms of the Agreement, the City shall, upon the request of Developer, issue a Certificate of Compliance, stating that the Agreement remains in effect and Developer is acting in good faith compliance of its terms. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance and shall state the anticipated date of commencement of the next periodic review. Developer may record the Certificate. 14. Minor Deviations Not Amendments. The parties acknowledge that refinement and further Development of the Property may require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Current Development Approvals. In the event that Developer finds that a change in the Current Development Approvals is necessary or appropriate, Developer shall apply for a Subsequent Development Approval to effectuate such change, and the City shall process and act on such application to approve, approve conditionally, or deny, it in '^ accordance with the Current Land Use Regulations, except as otherwise provided by this Agreement. Unless otherwise required by law, a change to the Current Development Approvals shall be deemed %00 SAJ94942 -10 - DA 96-1 "minor" and shall not require an Amendment to this Agreement provided such change does not: 14.1. Alter the permitted uses of the Property in whole or in part; or 14.2. Increase the density or intensity of use, or number of lots of the Property as a whole; or 14.3. Increase the maximum height and size of permitted buildings; or 14.4. Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or 14.5. Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Public Resources Code Section 21166. Before a minor deviation is implemented, the other party must be given notice of such contemplated deviation. Deviations which are not consented to by the other party shall require submission to the amendment process. 15. Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, by specific and unambiguous reference therein, or by determination of a court of competent jurisdiction, prevent or preempt the Agreement or City's authority to perform hereunder, or the action or inaction of any affected governmental jurisdiction other than City or any instrumentality thereof, prevents or precludes compliance with one or more provisions of this Agreement as a matter of law, such provisions shall be modified or suspended as may be necessary to comply with the State or Federal law or regulation. The remainder of the Agreement shall remain in full force and effect to the extent that the parties agree that it is not inconsistent with such laws and regulations and to the extent that such laws and regulations do not render the remaining provisions impractical to enforce. 16. Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with Development of the Property, is a vesting map under the Subdivision Map Act, Government Code Section 66410, et seq., and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Developer, then and to that extent the rights and protections afforded Developer under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, Development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be SAJ94942 - 11 - DA 96-1 controlling over any conflicting provision of law or ordinance concerning vested maps. OMM 17. Indemnification. From and after the date that Developer acquires title to the Property, Developer agrees to and shall indemnify and hold City and its agents, officers, servants, employees and independent contractors free and harmless from any liability, whatsoever, based or asserted upon any negligent or intentional act or omission of Developer, its officers, agents, employees, subcontractors, and independent contractors for property damage, bodily'injury or death (Developer's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with the Property or arising from the activities contemplated hereunder or under the DDA, save and except claims for damages arising through the sole gross negligence or sole wilful misconduct of the City. Developer shall defend, at its expense, including attorneys' fees, the City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The City may in its discretion participate in the defense of any such legal action. The provisions of this Section 16 shall survive the termination of this Agreement. 18. Environmental Assurances. Developer shall indemnify and hold the City, its officers, agents and employees free and harmless from any liability, based or asserted, upon any act or omission of Developer, its officers, agents, employees, contractors, subcontractors and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to %„r hazardous or toxic materials, industrial hygiene, or environmental conditions created by Developer or its officers, agents or employees, contractors, subcontractors and independent contractors after the Effective Date on, under which the Property, including, but not limited to soil and groundwater conditions, and Developer shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such action. The provisions of this Section 17 shall survive the termination of this Agreement. 19. Reservation of Rights. With respect to Sections 16 and 17, the City reserves the right to: (a) approves the attorney(s) which Developer selects, hires or otherwise engages to defend the City hereunder, which approval shall not be unreasonably withheld or delayed, or (b) select its own counsel subject to the reasonable approval of Developer. Developer shall reimburse the City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon conclusion of any such legal action. OHM 20. Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of %MW SAJ94942 -12 - DA 96-1 professional overnight courier service which confirms receipt in writing (such as Federal Express or UPS)), sent by telecopier or facsimile machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City: City of Palm City Clerk 73-510 Fred Palm Desert, Telephone: Facsimile: Desert Waring Drive CA 92260 (619) 346-0611 (619) 340-0524 with a copy to: Best Best & Krieger LLP Attn: David J. Erwin 39700 Bob Hope Drive, Suite 312 Rancho Mirage, CA 92270 Telephone: (619) 568-2611 Facsimile: (619) 340-6698 If to Developer: with a copy to: Intrawest Resort Attn: Mr. James The Landing 375 Water Street, Vancouver, BC Canada V6B 5C6 Telephone: (604) Facsimile: (604) Ownership Corporation Gibbons Suite 326 623-6638 628-784 Katten Muchin & Zavis Attn. Richard F. Davis 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 Telephone: (310) 788-4539 Facsimile: (310) 788-4471 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 21. Public Benefits. The parties acknowledge and agree that Development of the Property will result in substantial public needs and further acknowledge and agree that this Agreement confers substantial private benefits on Developer which should be balanced by commensurate public benefits, including the benefits to the Agency pursuant to the DDA. Accordingly, Developer has agreed to SAJ94942 -13 - DA 96-1 deliver the consideration and undertake the obligations hereof and of the DDA to balance the private benefits conferred on Developer, to provide public assurance that this Agreement is fair, just and reasonable and prompted by the necessities of the situation, and to provide extraordinary benefits to the City and the public. Developer acknowledges that this consideration is reasonably related to the impacts of the Project upon the community, and further acknowledges that this consideration is necessary to address the direct impacts caused by the Project. City hereby acknowledges the fairness and adequacy of such consideration. It is further acknowledged by the parties that neither party would have entered into this Agreement if each party had not acknowledged that a reasonable relationship exists between all Exactions imposed and all consideration referenced in this Section 21 and the impact of the Project upon the community, and that all Exactions imposed and all consideration herein referenced are fair and adequate. In addition, it is further acknowledged that the City would not have entered into this Agreement if Developer had not acknowledged that the direct impacts of the Project warrant the Exactions and other terms and conditions of this Agreement and the DDA. 22. Events of Default by Developer. Developer shall be in Default under the terms of this Agreement for any of the following reasons: 22.1. Developer's failure to perform any material obligation or provision set forth herein, or failure to comply with oft any material provision or obligation of the Development Plan. 22.2. Termination of the DDA, or Developer's breach of the DDA and the expiration of the period, if any, available for curing such breach. 22.3. Any representation or warranty made herein by Developer proves to have been incorrect in any material respect when made. 22.4. Any sale or transfer of the Property or the Project, or any portion thereof, without compliance with the provisions of Section 11 hereof. 22.5. Developer is the subject of an order for relief by a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Developer applies or consents to the appointment of a receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application of or consent of Developer and the appointment continues undischarged or unstayed for ninety (90) days; or the Developer institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, "�' custodianship, conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of the %NW SAJ94942 -14 - DA 96-1 Developer and continues undismissed or unstayed for ninety (90) days. Notwithstanding any provision of this Agreement to the contrary, Developer shall be deemed to be in Default under this Agreement only after the City provides Developer with written notice of default, which notice shall specify the nature of such default, and Developer has not cured the default within ninety (90) days after receipt of such notice of default, or with respect to defaults which cannot be cured within such period, Developer has failed to commence to cure the default within ninety (90) days after receipt of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion. 23. Events of Default by City. The City shall be deemed in default in the event of a failure by the City to perform a material term of this Agreement; provided, however, the City shall be deemed in default only after the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and where the default can be cured, the City has failed to take such actions to cure the default within ninety (90) days after the effective date of the notice, or in the event the default cannot be cured within ninety (90) days, the City has failed to commence the actions necessary to cure the default within ninety (90) days. 24. Remedies. Upon an event of default by either party, the non -defaulting party may pursue any remedy at law or in equity available, including termination of this Agreement. In the event of the termination of this Agreement, all Development Approvals shall terminate except to the extent they would have otherwise vested in Developer by operation of law without this Agreement. In the alternative to its right to terminate this Agreement as provided above, City shall have the right to modify this Agreement and impose such conditions as are reasonably necessary to remedy Developer's default hereunder. In the event that City elects to modify this Agreement, Developer shall have the right within ninety (90) days after Developer's receipt from the City of detailed written notice of City's proposed modification, to terminate this Agreement. Developer's failure to notify City of Developer's election to terminate this Agreement shall be deemed Developer's approval of City's proposed modification. In no event shall City have the right to modify or terminate this Agreement, or exercise any other remedy, until Developer has had the opportunity to cure its Default. 25. Specific Performance. In addition to the remedies set forth in Section 24, the parties acknowledge that irreparable harm is likely to occur to the non -breaching party and damages will be an inadequate remedy. Therefore, to the extent permitted by law, it is expressly recognized that injunctive relief and specific enforcement of this Agreement are proper and desirable remedies for the following reasons: SAJ94942 -15 - DA 96-1 Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Developer may be foreclosed from other choices it may have had to utilize the Property or portions thereof. Developer has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Developer for such efforts. 26. Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights and remedies for the same default or any other default by the other party. 27. Entire Agreement. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. r•a. 28. Severability. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notwithstanding the foregoing, the provision of the Exactions and consideration referenced herein of this Agreement are essential elements of this Agreement and the City would not have entered into this Agreement but for such provisions, and therefore, in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 29. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of the parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of the City or Developer as provided by this Agreement. 30. Attorneys' Fees. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach of default, or any other action arising out of this Agreement, or the SAJ94942 -16 - DA 96-1 transactions contemplated hereby or institutes a reference or arbitration proceeding as may expressly be permitted by the terms of this Agreement, the prevailing party in any such action shall be entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding, without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgement. 31. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which constitute one and the same instrument. 32. Encumbrances on Property. 32.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust or other security device ("Security Device") securing financing with respect to the Development of the Property. The execution of any Security Device shall not be considered a sale, transfer or assignment for purposes of Section 12. In the event of a foreclosure of any mortgage, deed of trust, or receipt of a deed in lieu of foreclosure, any such institutional lender shall not be required to submit the documentation required by Section 12.2.2, or obtain the prior consent of the City required by Section 12.2.3 with respect to said transfer of title to the Property. No such parties shall receive any rights or incur any obligations hereunder by reason of the foreclosure of the mortgage, deed or trust, or deed in lieu of foreclosure, without assuming in writing the Developer's obligations of this Agreement and the DDA. 32.2. Security Device Cooperation. The City acknowledges that the lenders providing Security Devices may require certain modifications, and the City agrees upon request, from time -to -time, to meet with Developer and/or representatives of such lenders to consider any request for interpretation or modification which is consistent with the intent and purposes of this Agreement and which will not diminish in any manner the benefits of this Agreement to the City. 33. Recxulatory Device Cooperation. This Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from obtaining the approval of any regulatory agency necessary to the approval of any sale, transfer or assignment of the Property or interests therein, subject to the terms and conditions of this Agreement. The City acknowledges that governmental authorities and agencies may request certain interpretations and modifications of this Agreement. The City agrees upon request, from time -to -time, to meet with Developer and/or representatives of such governmental authorities to consider any request for interpretation or modification which is consistent SAJ94942 -17 - DA 96-1 with the intent and purposes of this Agreement and which will not diminish in any manner the benefits of this Agreement to the City. .0% 34. General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan, and that the %WO General Plan meets all the requirements of law. Developer has reviewed the General Plan and concurs with the City's determination. The parties acknowledge that the City shall have no liability to Developer under this Agreement for any failure of Developer to perform under this Agreement or the inability of Developer to 'develop the Property as contemplated by the Development Plan or this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. In the event that a determination is made that the General Plan, or portions thereof, is invalid, inadequate or not in compliance with the law, Developer shall have the right, upon delivery of written notice to the City, to terminate this Agreement. 35. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 36. Recitals Incorporated. The Recitals to this Agreement are hereby incorporated within this Agreement. a" 37. Singular Includes Plural. The singular of any word used in this Agreement includes the plural. 38. Governing Law. The Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 39. Headings. All section headings and subheadings are inserted for convenience only and shall have no effect on the construction or interpretation of the Agreement. 40. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one Developer, all obligations of such Development Agreement shall be joint and several, and the default of any such Developer shall be the default of all Developers. 41. Time is of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 42. Binding on Successors. The burdens of the Agreement are binding upon, and the benefits of the Agreement inure to the "" benefit of, all successors -in -interest of the parties to the Agreement, and constitute covenants which run with the Property. SAJ94942 -18 - DA 96-1 In order to provide continued notice thereof, this Agreement shall be recorded by the parties. 43. Waiver. Failure by a party to insist upon strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand thereafter strict compliance by the other party with the terms of this Agreement. 44. Further Actions. Each of the parties hereto shall cooperate with and provide reasonable assistance to the other to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 45. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the City's power of eminent domain. 46. Agent for Service of Process. In the event that Developer is not a resident of the State of California, or it is an association, partnership or joint venture without a member, partner or joint venture without a member, partner or joint venturer resident within the State of California, or it is a foreign corporation, Developer shall file with the City, upon its execution of this Agreement, a designation of a natural person as its agent for the purpose of serving process in any court action arising out of or based upon this Agreement. Said designation shall include the person's name and residence and business address. The delivery to such agent of a copy of any process in any such action shall constitute valid service upon Developer. If service of process of such agent is infeasible for any reason, Developer may be personally served with such process out of this County, and such service shall constitute valid service upon Developer. Developer is amendable to any such process so served. 47. Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the party on whose behalf they sign. SAJ94942 -19 - DA 96-1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date set forth below. r. CITY OF PALM DESERT, a INTRAWEST RESORT OWNERSHIP municipal corporation CORPORATION, a corporation organized and existing under the laws of the Province of British Colu ia, Canada RICHAkD S. KELLY, ayor dTrfXP11MNS, President Attest: SHEILA GILLIGAN, Clif:y Clerk 1-7 Approved s 'to form: DAVI WIN, City Attorney iww SAJ94942 - 2 0 - DA 96-1 STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE ) On > I before me, the undersigned, a Notary Public in and or aid State, personally appeared RICHARD KELLY (known to me or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she -tom executed the same in his/4=r authorized capacity(ies), and that by his/her-/tiieir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L&O"s .. r�►ct�at�a iaass� J - I- COM81141M cat NVONMODUMy weala fti n.lA zoos STATE OF CALIFORNIA )ss CO Y OF RIVERSIDE ) '� i On. before me, the undersigned, a Notary Public in an o sai State, personally appeared SHEILA GILLIGAN (known to me proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 4--i-e/she/-1-- y executed the same in ems-/her/t-he�r authorized capacity(ies) , and that by hA.-x/her/tea= signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SAJ94942 - 21- DA 96-1 -,G- STE OF-F6�A ) ON% COUNTY OF RtVRR9TSE )Q C % -k On ;73j&afo e, the undersigned, a Notary Public in . r and for saidOtt; sonally appeared JAMES J. GIBBONS (known to me or proved to me on the basis of satisfactory evidence) to be the personS,s-}- whose name} is>--e subscribed to the within instrument and acknowledged to me that he4afrL 3'fey executed the same in his/ta r/)t-1,�Ir authorized capacity (' ) , and t at by his/.kgr/fir signature(yon the instrument the personW or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. V-0 SAJ94942 - 2 2 - DA 96-1 1:0.140011 LOT 9 (PHASE I) LOT 11 & LOT 14 (OPTION PARCELS) OF TENTATIVE TRACT 28450, PALM DESERT, RIVERSIDE COUNTY, CALIFORNIA. RMPUB\DJE\386 DA 96-1 EXHIBIT B THE PROJECT THE PROJECT CONSISTS OF THE DISPOSITION AND DEVELOPMENT AGREEMENT APPROVED UNDER RESOLUTION NO. 334 OF THE PALM DESERT REDEVELOPMENT AGENCY AND UNDER RESOLUTION NO. 97-10 OF THE CITY OF PALM DESERT, THE DEVELOPMENT AGREEMENT APPROVED UNDER CASE NO. DA 96-1, APPROVED BY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, BEING ORDINANCE NO. 824, INCLUDES TENTATIVE TRACT NO. 28450, APPROVED BY PLANNING COMMISSION RESOLUTION NO. 1776, IN CASE CUP/PP 96-28, AND TENTATIVE TRACT MAP NO. 28451, APPROVED BY PLANNING COMMISSION RESOLUTION NO. 1777, TOGETHER WITH ALL MAPS, PROJECTS, AND CONDITIONS INCLUDED THEREIN. ecor ; R�rltle. i 6Y t, First Amancan Ttic- s'nsaraace Company RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Exempt From Recording Fees pursuant to Government Code 315819 RECEIVED FOR RECORD AT 2:00 O'CLOCK AUG 2 91997 Rtco'ded in 01haW %Wds of RnWftftCowry. Calana Rsoordar Fe*s S 6103 (Above Space for Recorder's Use Only) DA 96-1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 27th day of February , 1997, by and between the CITY OF PALM DESERT, a municipal corporation ("City"), and INTRAWEST RESORT OWNERSHIP CORPORATION, a corporation organized and existing under the laws of the Province of British Columbia, Canada ("Developer") and is made with reference to the following background facts and circumstances: RECITALS A. California Government Code Section 65864 et seq., provides that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. Pursuant to California Government Code Section 65865, the City has adopted Ordinance Nos. 341 and 589, which establish procedures and requirements for the approval of development agreements. B. Developer proposes to develop a 600 unit time-share project in the City on real property (the "Property") described in Exhibit "A," attached hereto and incorporated herein by this reference. In connection therewith, Developer has prepared a Development Plan, which specifies the number of units (the "Project") that shall be developed pursuant to the terms of this Agreement. The Development Plan is attached hereto as Exhibit ,B" and is incorporated herein by this reference. C. Palm Desert Municipal Code Section 25.100.020 provides, in part, that any time-share project shall be developed in conjunction with a resort hotel having 500 rooms or more. The primary purpose of this requirement is to insure that a time-share project is managed and operated in the same qualitative way as a major hotel. The City has determined that this purpose can be fulfilled in the development of this Project even in the absence of the development of a 500 room resort hotel. Therefore, in lieu of SAJ94942 315819 the requirement that a 500 room resort hotel be developed in conjunction with the Project, the City shall require the development, ownership, and management of the Project to conform to and satisfy the following: 1. Developer shall develop the Project in accordance with that certain Disposition and Development Agreement between the Palm Desert Redevelopment Agency (the "Agency") and Developer, dated February 13 , 1997, which shall provide the City with economic benefits comparable to those anticipated from a 500 room resort hotel. 2. Developer or its Affiliate shall operate this Project in the same or a similar manner as the other time- share projects that Developer or its Affiliate operates. 3. Developer has incorporated the Intrawest Resort Club (the "Club"), a non-profit, non -stock corporation, which has over 3,000 existing members. The Club creates and issues Resort Points. Resort Points may be purchased from Developer and may be used as currency to acquire a proportionate share of the right to occupy resort accommodations (including the resort accommodations that will be developed on the Property). The Club is responsible for managing and maintaining the Project. Upon completion of the various phases of the improvements, applicable portions of the Property shall be transferred to a trust that shall own the Project for the benefit of the Club members. Upon such transfer to the trust, such portions of the Property shall be owned free and clear of any mortgages, liens and encumbrances. 4. The design and construction of the Project will be comparable in quality to a resort hotel, and the Developer's method of organization and operation shall provide for management of the Project in the same fashion as a luxury hotel. D. Palm Desert Municipal Code Section 25.100.035(G) requires that all time-share interests in a time-share project shall be subject to an impact mitigation fee of one hundred fifty dollars per week share sold. Although time-share interests in this Project are sold using Resort Points, the Resort Points shall be used to create fifty time-share week interests per unit. Therefore, the Developer shall pay the sum of Seven Thousand Five Hundred Dollars ($7,500.00) per unit to the City as the impact mitigation fee required by Section 25.100.035(G). Said sum shall become due to the City six months after the date the Certificate of Occupancy has been issued for each unit. E. City has given notice of its intention to adopt this proposed Agreement, has conducted public hearings thereon pursuant to Government Code Section 65867, and Palm Desert Municipal Code Ordinance Nos. 341 and 589, has taken action in accordance with the California Environmental Quality Act, and has found that the SAJ94942 - 2 - 315819 provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's general plan, and any applicable specific plan. F. City, by electing to enter into contractual agreements such as this one, acknowledges that the obligations of City shall survive beyond the terms of the present city council members of City, and that such action will serve to bind City and future Councils to the obligations thereby undertaken. In addition, this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the city council has elected to exercise certain governmental powers at the time of entering this Agreement rather than deferring its actions to some undetermined date in the future. G. The terms and conditions of this Agreement have undergone extensive review by City and its Council and have been found to be fair, just and reasonable, and prompted by the necessities of the situation so as to provide extraordinary benefits to the City. The City and its Council have further found that the pursuit of the Project will serve the best interests of the citizens and that the public health, safety and welfare will be best served by entering this Agreement. H. This Agreement and the consent of Developer to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly Development of the Property, eliminate uncertainty about the validity of exactions imposed by the City, ensure timely installation of necessary improvements, provide for public services appropriate to the Development of the Project, and generally serve the public interest. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Definitions. The following terms when used in this Agreement shall be defined as follows: "Affiliate" means an entity which controls, is controlled by or is under common control with the Developer. "Current Development Approvals" means all Development Approvals approved or issued before the Effective Date, and still valid and unexpired on the Effective Date. "Current Land Use Regulations" means all Land Use Regulations valid in effect and of public record on the Effective Date. "Developer" means Intrawest Resort Ownership Corporation, a corporation organized and existing under the laws of the Province of British Columbia, Canada, and its successors in interest to all or any part of the Property. SAJ94942 - 3 - 315815 "Development" means the initial and original improvement of the Property by constructing and completing the buildings, structures, improvements, and facilities which are part of the Project including, but not limited to, grading; the construction of on -site or offsite public facilities and improvements; and landscaping. "Development" does not include maintenance, repair, reconstruction or redevelopment of any building, structure, improvement, or facility after its initial construction and completion unless such repair, reconstruction or redevelopment is undertaken as a result of casualty or condemnation of the Project and such repair, reconstruction or redevelopment is performed and completed in a manner consistent with the Development Plan. "Development Approvals" means all permits, licenses or other entitlements, whether discretionary or ministerial, subject to approval or issuance by the City in connection with the Development of the Property, including, but not limited to, specific plans and amendments, tentative and final subdivision and parcel maps, conditional use permits and site plan reviews, zoning and zone changes, and grading, building and occupancy permits. "Development Plan" means the Current Development Approvals and the Current Land Use Regulations which control Development of the Property, and the description of the Project as set forth in City of Palm Desert Precise Plan/ Conditional Use Permit 96-28 and Tentative Trace Map 28451. "Effective Date" means the date this Agreement is recorded with the County Recorder. "Exaction" shall mean any requirement of the City in connection with or pursuant to any Land Use Regulation or Development Approval for dedication of land, construction or improvement of public facilities, payment of fees, or other contribution required in order to address the impacts of Development on the community, or for other public purposes. Processing fees shall not be considered exactions for the purpose of this Agreement. "Land Use Regulations" means all ordinances; resolutions; codes; rules; regulations; and official policies whether adopted by ordinance, resolution, or otherwise; of the city controlling or regulating any aspect of the Development and use of land, including, but not limited to, the permitted uses of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the reservation or dedication of land for public purposes; sign regulations; zoning covering any subject, including, but not limited to, those subjects listed in Government Code Section 65850; and the design, improvement and construction standards and specifications for Development of the Property. Land Use Regulations does not include any City ordinance, resolution, code, rule, regulation or official policy, governing the conduct of business, professions, and occupations; taxes and assessments; the control and abatement of SAJ94942 - 4 - 315819 nuisances; the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or the exercise of the power of eminent domain. "Subsequent Development Approvals" means all Development Approvals required after the Effective Date in connection with the Development of the Property. "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of the Agreement. 2. Binding Effect of Agreement. Development of this Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement. The Property and Developer are subject to each term, condition and covenant of this Agreement. 3. Ownership of Property. Developer represents that it is a party to a Disposition and Development Agreement between the Agency and Developer, dated February 13 , 1997 (the "DDA") . Upon satisfaction of the conditions set forth in the DDA, Developer shall acquire fee title to a portion of the Property, and shall acquire an option to purchase a portion of the Property. 4. Relationship of the Parties. It is hereby specifically understood and acknowledged that the Project is a private project and that neither City nor Developer will be deemed to be the agent of the other for any purpose whatsoever. City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners. S. Term. The term ("Term") of this Agreement is fifteen (15) years from the Effective Date, subject to earlier termination or extension as hereinafter provided. 6. Termination. In addition to termination of this Agreement pursuant to Section 24, this Agreement shall deemed terminated and of no further effect upon occurrence of any of the following events: 6.1. Expiration of this Agreement as set forth in Section S. 6.2. Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. 6.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement, or overriding or repealing any ordinance, law or Current Land Use Regulation which Developer determines is reasonably necessary to the completion of SAJ94942 - 5 - 315819 the Project in accordance with the Development Plan and Developer's budget thereof. 6.4. Termination of the DDA. Upon termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to: (a) any obligation to have been performed before such termination; (b) any default in performance of the provisions of this Agreement which has occurred before such termination; or (c) any obligations which are specifically set forth as surviving this Agreement. 7. Project Approval and Vesting Rights. 7.1. CEOA Review. The Project implements a land use plan for which an Environmental Impact Report was prepared and certified as City of Palm Desert Resolution 94-119 on November 16, 1994. Therefore, the provisions of the California Environmental Quality Act have been met and satisfied. 7.2. Rights to Develop. The City hereby approves the proposed uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for purposes as set forth in the Development Plan. 7.3. Existing Rules to Govern. Subject to the terms, conditions and covenants of this Agreement, Developer has a vested right to develop the Property in accordance with the Current Land Use Regulations, during the Term of this Agreement. Such rules and regulations shall continue to apply, notwithstanding the development of the Project as provided herein, to the reconstruction of any Developer Improvements or offsite improvements damaged or destroyed from any cause. 7.4. Timing of Development. The parties acknowledge that Developer 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 Developer, such as market orientation and demand, interest rates, absorption, completion and other similar factors. 7.5. Waiver of Palm Desert Municipal Code Section 25.100.020. The City and Developer agree that the provisions of Palm Desert Municipal Code Section 25.100.020 relating to the requirement that a time-share project be developed in conjunction with a five hundred (500) room hotel shall not apply to the Project, and City hereby waives the applicability of said provision in said Section to the Project. 8. Impact Mitigation Fee. In accordance with Palm Desert Municipal Code Section 25.100.035(G), the Developer shall pay the sum of Seven Thousand Five Hundred Dollars ($7,500.00) per unit to the City as an impact mitigation fee. Said sum shall become due to SAJ94942 - 6 - 315819 the City six months after the date the Certificate of Occupancy has been issued for each unit. 9. Public Works. If Developer is required by the Development Plan or this Agreement to construct any public works facilities or improvements which will be dedicated to the City or any other public agency upon completion, and if required by the applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to the City or such other public agency should it have undertaken the construction. 10. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the Development of the Property, separately or jointly with the City, and this Agreement does not limit the authority of such other public agencies. 11. Processing of Applications and Permits. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations and Subsequent Development Approvals shall apply to the Development of the Property: 11.1. Processing of building permits as required by law relating to any specific improvements proposed for the Project pursuant to the applicable provisions of the City's Municipal Code which are in effect on the Effective Date of this Agreement. 11.2. Processing fees and charges usually and uniformly imposed by the City on applicants and projects to cover the estimated actual costs to the City of processing applications for: (a) Subsequent Development Approvals, including, but not limited to, architectural review; (b) monitoring compliance with any Subsequent Development Approvals; and (c) monitoring compliance with environmental mitigation measures. In acting upon the Subsequent Development Approvals, the City shall process and review any and all applications in the normal manner for processing such matters, and shall apply the Current Land Use Regulations. This Agreement shall not prevent the City from denying or conditionally approving Subsequent Development Approvals on the basis of the Current Land Use Regulations consistently applied to the Project and all other projects materially similar thereto. 11.3. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. 11.4. Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, and Grading Code. SAJ94942 - 7 - 315819 11.5. Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide Developer with the rights and assurances provided under this Agreement. In the event of a dispute between the City and Developer with respect to this provision, the dispute shall be resolved by a court of competent jurisdiction. 11.6. Regulations which are not in conflict with the Development Plan. 11.7. Regulations which are in conflict with the Development Plan provided Developer has given written consent to the application of such regulations to the Development of the Property, which consent may be granted or withheld in Developer's sole and absolute discretion. 12. Assignment. 12.1. Assignment of Rights Without Property Transfer. No sale, transfer or assignment of any right or interest under this Agreement shall be made without a sale, transfer or assignment of all or a portion of the Property. 12.2. Right to Assign. Subject to approval by the City, Developer shall have the right to sell, transfer or assign all or any portion of the Property (provided that no such partial transfer of the Property shall be permitted to cause a violation of Government Code Sections 66410, et seq.) to other individuals or entities for Development during the term of this Agreement, provided, however, that no sale, transfer or assignment taking place prior to the completion of construction of the Development improvements shall be made without an assignment and assumption of the rights, duties and obligations arising under or from this Agreement. Any such sale, transfer or assignment shall be conditioned on the following: 12.2.1. At least fifteen (15) business days prior to any such sale, transfer or assignment, Developer shall provide the City with written evidence and documentation, of a form and substance satisfactory to the City, demonstrating the experience, capability, competence and financial ability of the proposed buyer, transferee or assignee to carry out and complete Development of the Project in accordance with the terms of this Agreement. 12.2.2. Concurrently with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, Developer shall notify the City, in writing, of any such sale, transfer or assignment, and shall provide the City with an agreement, in a form reasonably acceptable to the City, executed by the purchaser, transferee or assignee and stating that the purchaser, transferee or assignee expressly assumes all the duties and obligations of Developer under this Agreement. SAJ94942 - 8 - 315819 12.2.3. City shall consent to any such sale, transfer or assignment, which consent shall be in the sole and absolute discretion of the City. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Section 11.2.2, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to the benefit of such purchaser, transferee or assignee until or unless such agreement is executed. 12.3. Change in Controlling Interest. The change in controlling interest of Developer shall not be deemed an assignment, provided, however, that no such change in controlling interest shall release the original Developer named herein from the obligations and duties hereof. 12.4. Transfer to Affiliate. Notwithstanding Section 12.2, Developer shall not be required to submit the evidence and documentation called for in Section 12.2.2, or obtain the prior consent of the City, if such sale, transfer or assignment is to an Affiliate of Developer. The sale, transfer or assignment of the Property to an Affiliate of Developer shall not release Developer from its obligations and duties hereunder. 13. Review of Compliance. 13.1. Periodic Review. The Director of Community Development or the Planning Commission shall review this Agreement at least once each calendar year during the Term of this Agreement in order to ascertain whether Developer is in compliance with the terms and conditions set forth herein. Within thirty (30) days of receiving a request from the Director of Community Development, Developer shall submit an annual report, in a form acceptable to the Director of Community Development, to the City. 13.2. Special Review. In the event of an alleged default of this Agreement or the DDA, the Director of Community Development or the Planning Commission may order a special review to determine if Developer is in compliance with this Agreement. Said special review shall be conducted by the Director of Community Development or the Planning Commission. 13.3. Procedure for Review. 13.3.1. During any periodic or special review, Developer shall have the burden of proof with respect to and must demonstrate its good faith compliance with the terms of this Agreement. 13.3.2. Upon completion of a periodic or special review, the Director of Community Development or the Planning Commission, as applicable, shall make a determination as to whether Developer has complied in good faith with the terms of this SAJ94942 - 9 - - 315819 Agreement. If the Director of Community Development or the Planning Commission, as applicable, determines, on the basis of substantial evidence, that Developer has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. 13.3.3. If the Director of Community Development or the Planning Commission, as applicable, determines, on the basis of substantial evidence, that Developer is in Default, the findings of the Director of Community Development or the Planning Commission, as applicable, shall be submitted to the City Council. 13.3.4. The City Council shall thereafter set the matter for public hearing and shall provide the Developer with at least ten (10) days prior notice of the hearing. Said notice shall contain: (a) the time and place of hearing; (b) a detailed statement of the City's facts and contentions; and (c) such other information as is reasonably necessary to inform Developer of the nature of the claims being asserted by the City. 13.3.5. At the time and place set for hearing, Developer shall be given an opportunity to be heard, to present oral and written evidence and to respond to the contentions of the City. If the City Council finds, based on all the evidence, that Developer has not complied in good faith with the terms of this Agreement, the City Council may, subject to Developer's right to cure (if any) exercise its remedies set forth in section 23. The decision of the City Council shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. 13.3.6. If the City Council finds, based on all the evidence, that Developer has complied in good faith with the terms of the Agreement, the City shall, upon the request of Developer, issue a Certificate of Compliance, stating that the Agreement remains in effect and Developer is acting in good faith compliance of its terms. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance and shall state the anticipated date of commencement of the next periodic review. Developer may record the Certificate. 14. Minor Deviations Not Amendments. The parties acknowledge that refinement and further Development of the Property may require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Current Development Approvals. In the event that Developer finds that a change in the Current Development Approvals is necessary or appropriate, Developer shall apply for a Subsequent Development Approval to effectuate such change, and the City shall process and act on such application to approve, approve conditionally, or deny, it in accordance with the Current Land Use Regulations, except as otherwise provided by this Agreement. Unless otherwise required by law, a change to the Current Development Approvals shall be deemed SAJ94942 - 10 - 315819 "minor" and shall not require an Amendment to this Agreement provided such change does not: 14.1. Alter the permitted uses of the Property in whole or in part; or 14.2. Increase the density or intensity of use, or number of lots of the Property as a whole; or 14.3. Increase the maximum height and size of permitted buildings; or 14.4. Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or 14.5. Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Public Resources Code Section 21166. Before a minor deviation is implemented, the other party must be given notice of such contemplated deviation. Deviations which are not consented to by the other party shall require submission to the amendment process. 15. Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, by specific and unambiguous reference therein, or by determination of a court of competent jurisdiction, prevent or preempt the Agreement or City's authority to perform hereunder, or the action or inaction of any affected governmental jurisdiction other than City or any instrumentality thereof, prevents or precludes compliance with one or more provisions of this Agreement as a matter of law, such provisions shall be modified or suspended as may be necessary to comply with the State or Federal law or regulation. The remainder of the Agreement shall remain in full force and effect to the extent that the parties agree that it is not inconsistent with such laws and regulations and to the extent that such laws and regulations do not render the remaining provisions impractical to enforce. 16. Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with Development of the Property, is a vesting map under the Subdivision Map Act, Government Code Section 66410, et seq., and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Developer, then and to that extent the rights and protections afforded Developer under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, Development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be SAJ94942 - 11 - 315819 controlling over any conflicting provision of law or ordinance concerning vested maps. 17. Indemnification. From and after the date that Developer acquires title to the Property, Developer agrees to and shall indemnify and hold City and its agents, officers, servants, employees and independent contractors free and harmless from any liability, whatsoever, based or asserted upon any negligent or intentional act or omission of Developer, its officers, agents, employees, subcontractors, and independent contractors for property damage, bodily injury or death (Developer's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with the Property or arising from the activities contemplated hereunder or under the DDA, save and except claims for damages arising through the sole gross negligence or sole wilful misconduct of the City. Developer shall defend, at its expense, including attorneys' fees, the City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The City may in its discretion participate in the defense of any such legal action. The provisions of this Section 16 shall survive the termination of this Agreement. 18. Environmental Assurances. Developer shall indemnify and hold the City, its officers, agents and employees free and harmless from any liability, based or asserted, upon any act or omission of Developer, its officers, agents, employees, contractors, subcontractors and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to hazardous or toxic materials, industrial hygiene, or environmental conditions created by Developer or its officers, agents or employees, contractors, subcontractors and independent contractors after the Effective Date on, under which the Property, including, but not limited to soil and groundwater conditions, and Developer shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such action. The provisions of this Section 17 shall survive the termination of this Agreement. 19. Reservation of Rights. With respect to Sections 16 and 17, the City reserves the right to: (a) approves the attorney(s) which Developer selects, hires or otherwise engages to defend the City hereunder, which approval shall not be unreasonably withheld or delayed, or (b) select its own counsel subject to the reasonable approval of Developer. Developer shall reimburse the City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon conclusion of any such legal action. 20. Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of SAJ94942 -12 - 315819 professional overnight courier service which confirms receipt in writing (such as Federal Express or UPS)), sent by telecopier or facsimile machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City: City of Palm City Clerk 73-510 Fred Palm Desert, Telephone: Facsimile: Desert Waring Drive CA 92260 (619) 346-0611 (619) 340-0524 with a copy to: Best Best & Krieger LLP Attn: David J. Erwin 39700 Bob Hope Drive, Suite 312 Rancho Mirage, CA 92270 Telephone: (619) 568-2611 Facsimile: (619) 340-6698 If to Developer: with a copy to: Intrawest Resort Attn: Mr. James The Landing 375 Water Street, Vancouver, BC Canada V6B 5C6 Telephone: (604) Facsimile: (604) Ownership Corporation Gibbons Suite 326 623-6638 628-784 Katten Muchin & Zavis Attn. Richard F. Davis 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 Telephone: (310) 788-4539 Facsimile: (310) 788-4471 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 21. Public Benefits. The parties acknowledge and agree that Development of the Property will result in substantial public needs and further acknowledge and agree that this Agreement confers substantial private benefits on Developer which should be balanced by commensurate public benefits, including the benefits to the Agency pursuant to the DDA. Accordingly, Developer has agreed to SAJ94942 - 13 - 315819 deliver the consideration and undertake the obligations hereof and of the DDA to balance the private benefits conferred on Developer, to provide public assurance that this Agreement is fair, just and reasonable and prompted by the necessities of the situation, and to provide extraordinary benefits to the City and the public. Developer acknowledges that this consideration is reasonably related to the impacts of the Project upon the community, and further acknowledges that this consideration is necessary to address the direct impacts caused by the Project. City hereby acknowledges the fairness and adequacy of such consideration. It is further acknowledged by the parties that neither party would have entered into this Agreement if each party had not acknowledged that a reasonable relationship exists between all Exactions imposed and all consideration referenced in this Section 21 and the impact of the Project upon the community, and that all Exactions imposed and all consideration herein referenced are fair and adequate. In addition, it is further acknowledged that the City would not have entered into this Agreement if Developer had not acknowledged that the direct impacts of the Project warrant the Exactions and other terms and conditions of this Agreement and the DDA. 22. Events of Default by Developer. Developer shall be in Default under the terms of this Agreement for any of the following reasons: 22.1. Developer's failure to perform any material obligation or provision set forth herein, or failure to comply with any material provision or obligation of the Development Plan. 22.2. Termination of the DDA, or Developer's breach of the DDA and the expiration of the period, if any, available for curing such breach. 22.3. Any representation or warranty made herein by Developer proves to have been incorrect in any material respect when made. 22.4. Any sale or transfer of the Property or the Project, or any portion thereof, without compliance with the provisions of Section 11 hereof. 22.5. Developer is the subject of an order for relief by a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Developer applies or consents to the appointment of a receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application of or consent of Developer and the appointment continues undischarged or unstayed for ninety (90) days; or the Developer institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of the SAJ94942 - 14 - 315819 Developer and continues undismissed or unstayed for ninety (90) days. Notwithstanding any provision of this Agreement to the contrary, Developer shall be deemed to be in Default under this Agreement only after the City provides Developer with written notice of default, which notice shall specify the nature of such default, and Developer has not cured the default within ninety (90) days after receipt of such notice of default, or with respect to defaults which cannot be cured within such period, Developer has failed to commence to cure the default within ninety (90) days after receipt of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion. 23. Events of Default by City. The City shall be deemed in default in the event of a failure by the City to perform a material term of this Agreement; provided, however, the City shall be deemed in default only after the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and where the default can be cured, the City has failed to take such actions to cure the default within ninety (90) days after the effective date of the notice, or in the event the default cannot be cured within ninety (90) days, the City has failed to commence the actions necessary to cure the default within ninety (90) days. 24. Remedies. Upon an event of default by either party, the non -defaulting party may pursue any remedy at law or in equity available, including termination of this Agreement. In the event of the termination of this Agreement, all Development Approvals shall terminate except to the extent they would have otherwise vested in Developer by operation of law without this Agreement. In the alternative to its right to terminate this Agreement as provided above, City shall have the right to modify this Agreement and impose such conditions as are reasonably necessary to remedy Developer's default hereunder. In the event that City elects to modify this Agreement, Developer shall have the right within ninety (90) days after Developer's receipt from the City of detailed written notice of City's proposed modification, to terminate this Agreement. Developer's failure to notify City of Developer's election to terminate this Agreement shall be deemed Developer's approval of City's proposed modification. In no event shall City have the right to modify or terminate this Agreement, or exercise any other remedy, until Developer has had the opportunity to cure its Default. 25. Specific Performance. In addition to the remedies set forth in Section 24, the parties acknowledge that irreparable harm is likely to occur to the non -breaching party and damages will be an inadequate remedy. Therefore, to the extent permitted by law, it is expressly recognized that injunctive relief and specific enforcement of this Agreement are proper and desirable remedies for the following reasons: SAJ94942 - 15 - 315819 Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Developer may be foreclosed from other choices it may have had to utilize the Property or portions thereof. Developer has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Developer for such efforts. 26. Ricrhts and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights and remedies for the same default or any other default by the other party. 27. Entire Agreement. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. 28. Severability. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notwithstanding the foregoing, the provision of the Exactions and consideration referenced herein of this Agreement are essential elements of this Agreement and the City would not have entered into this Agreement but for such provisions, and therefore, in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 29. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of the parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of the City or Developer as provided by this Agreement. 30. Attorneys' Fees. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach of default, or any other action arising out of this Agreement, or the SAJ94942 - 16 - 315819 transactions contemplated hereby or institutes a reference or arbitration proceeding as may expressly be permitted by the terms of this Agreement, the prevailing party in any such action shall be entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding, without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgement. 31. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which constitute one and the same instrument. 32. Encumbrances on Property. 32.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust or other security device ("Security Device") securing financing with respect to the Development of the Property. The execution of any Security Device shall not be considered a sale, transfer or assignment for purposes of Section 12. In the event of a foreclosure of any mortgage, deed of trust, or receipt of a deed in lieu of foreclosure, any such institutional lender shall not be required to submit the documentation required by Section 12.2.2, or obtain the prior consent of the City required by Section 12.2.3 with respect to said transfer of title to the Property. No such parties shall receive any rights or incur any obligations hereunder by reason of the foreclosure of the mortgage, deed or trust, or deed in lieu of foreclosure, without assuming in writing the Developer's obligations of this Agreement and the DDA. 32.2. Security Device Cooperation. The City acknowledges that the lenders providing Security Devices may require certain modifications, and the City agrees upon request, from time -to -time, to meet with Developer and/or representatives of such lenders to consider any request for interpretation or modification which is consistent with the intent and purposes of this Agreement and which will not diminish in any manner the benefits of this Agreement to the City. 33. Regulatory Device Cooperation. This Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from obtaining the approval of any regulatory agency necessary to the approval of any sale, transfer or assignment of the Property or interests therein, subject to the terms and conditions of this Agreement. The City acknowledges that governmental authorities and agencies may request certain interpretations and modifications of this Agreement. The City agrees upon request, from time -to -time, to meet with Developer and/or representatives of such governmental authorities to consider any request for interpretation or modification which is consistent SAJ94942 - 17 - 315819 with the intent and purposes of this Agreement and which will not diminish in any manner the benefits of this Agreement to the City. 34. General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all the requirements of law. Developer has reviewed the General Plan and concurs with the City's determination. The parties acknowledge that the City shall have no liability to Developer under this Agreement for any failure of Developer to perform under this Agreement or the inability of Developer to develop the Property as contemplated by the Development Plan or this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. In the event that a determination is made that the General Plan, or portions thereof, is invalid, inadequate or not in compliance with the law, Developer shall have the right, upon delivery of written notice to the City, to terminate this Agreement. 35. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 36. Recitals Incorporated. The Recitals to this Agreement are hereby incorporated within this Agreement. 37. Singular Includes Plural. The singular of any word used in this Agreement includes the plural. 38. Governing Law. The Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 39. Headings. All section headings and subheadings are inserted for convenience only and shall have no effect on the construction or interpretation of the Agreement. 40. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one Developer, all obligations of such Development Agreement shall be joint and several, and the default of any such Developer shall be the default of all Developers. 41. Time is of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 42. Binding on Successors. The burdens of the Agreement are binding upon, and the benefits of the Agreement inure to the benefit of, all successors -in -interest of the parties to the Agreement, and constitute covenants which run with the Property. SAJ94942 - 18 - 315819 In order to provide continued notice thereof, this Agreement shall be recorded by the parties. 43. Waiver. Failure by a party to insist upon strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand thereafter strict compliance by the other party with the terms of this Agreement. 44. Further Actions. Each of the parties hereto shall cooperate with and provide reasonable assistance to the other to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 45. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the City's power of eminent domain. 46. Agent for Service of Process. In the event that Developer is not a resident of the State of California, or it is an association, partnership or joint venture without a member, partner or joint venture without a member, partner or joint venturer resident within the State of California, or it is a foreign corporation, Developer shall file with the City, upon its execution of this Agreement, a designation of a natural person as its agent for the purpose of serving process in any court action arising out of or based upon this Agreement. Said designation shall include the person's name and residence and business address. The delivery to such agent of a copy of any process in any such action shall constitute valid service upon Developer. If service of process of such agent is infeasible for any reason, Developer may be personally served with such process out of this County, and such service shall constitute valid service upon Developer. Developer is amendable to any such process so served. 47. Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the party on whose behalf they sign. SAJ94942 - 19 - 315819 48. Subordination. This Agreement is subordinate and inferior to the lien created by that certain Deed of Trust being recorded immediately prior hereto made by the Intrawest Resort Ownership Corporation, a corporation organized and existing under the laws of the Province of British Columbia, Canada (as "Trustor" therein), to First American Title Insurance Company ( as "Trustee" therein), for the benefit of the Palm Desert Redevelopment Agency, a public body, corporate and politic (as "Beneficiary" therein), securing a promissory note in the sum of $4,275,000.00. IMM11 315819 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date set forth below. CITY OF PALM DESERT, a municipal corporation W dl�% RICHARD S. KELLY, M yor Attest'X 4/a. : 1 SHEILA GrLrIGAN, C^ ty Clerk Approved as o`form: DAVID I , City Attorney SAJ94942 - 2 0 - INTRAWEST RESORT OWNERSHIP CORPORATION, a corporation organized and existing under the laws of the Province of British Columbia, Canada AME gggVONS, President 315819 STATE OF CALIFORNIA ) ) ss COUN OF RIVERSIDE ) On , before me, the undersigned, a Notary Public in an o sai State, personally appeared RICHARD KELLY (known to me or roved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ehe-jt executed the same in his/her/tilci-r authorized capacity(ies) , and that by his/her; t w-!,r signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and o icial seal. Op�L ft141� �i00{NRY wa�a.R�»,�tiao, STATE OF CALIFORNIA ) ss COUNT OF RIVERSIDE ) On before me, the undersigned, a Notary Public in and Ior s id State, personally appeared SHEILA GILLIGAN (known to me or pr ed to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-he,/she/.t,� executed the same in h-is/her/-t*eti-r authorized capacity(ies) , and that by #i-s/her/-t4e}r signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RAp�1F Q IaA96Bd 0�7�NL •1141 Wi NYWAMOOMY *coal* AM,3620M SAJ94942 - 21 - 315819 GALIFORNIA V�rv(Q0VV ukss COUNTY OF ) On �persore me, the undersigned, a Notary Public in and for saidt`at�, gnally appeared JAMES J. GIBBONS (known to me or proved to me on the basis of satisfactory evidence) to be the person �% ' whose names, is/ ,ax� subscribed to the within instrument and acknowledged to me that he/;--�h%.icy executed the same in hisfjer:r4jt,�ir authorized capacity�3P-�) , and that by his/lies-/i�'r signatures" on the instrument the person( or the entity upon behalf of which the person ,�s1' acted, executed the instrument. WITNESS my hand and,.G - �}al seal. R. KEITH THOMPSON Barrister & Solicitor THOMPSON & T:�LIO'IT 8th FUROR 1285 W. BROADWAY VANCOUVER, B.C. V6H 3X8 731-1161 SAJ94942 - 2 2 - 315819 OFFICE OF THE SECRETARY 'TIIF. LAW SOCIETY OF BRITISH COLUMBIA 945 C'AMBIE STREET VANCOIIVER, B C. V6B 4Z9 TELLPHONit: 669-2533 FAX' 669-5232 THIS IS TO CERTIFY THAT ROBERT KEITH THOMPSON of the City of Vancouver, in the Province of British Columbia, was called to the Bar and admitted as a Solicitor of the Supreme Court of British Columbia on September 16, 1975, and remains on the Rolls of Barristers and Solicitors of the Society in good standing, Every Barrister and Solicitor of the Supreme Court of British Columbia is a duly qualified Notary Public in and for the Province of British Columbia, ROBERT KEITH THOMPSON has all the powers, rights, duties, and privileges of a Notary Public. AND THAT I have compared the signature of ROBERT KEITH THOMPSON subscribed to the attached instrument with a specimen signature of ROBERT KEITH THOMPSON filed in this office and verily believe the said signature to be genuine. GIVEN UNDER my hand and the Seal ofthe Law Society of British Columbia, on August 14, 1997. Vhittow or, Discipline and Complaints 315819 Exhibit "A" That certain real property located in the City of Palm Desert, County of Riverside, State of California, described as follows: Those portions of Lot 9 as more particularly described as Parcels 1 through 22, inclusive, as more particularly described in in Exhibit "A-1 " attached hereto and made a part hereof, comprising 66 pages and Lots 11, and 14, of Tract 28450, as per map recorded in Book 264, Pages 4 through 15, inclusive, of Maps, Official Records, Riverside County, California. EXHIBIT "A-1" LEGAL DESCRIPTION PARCEL 1 315819 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE LEAVING SAID EASTERLY AND SOUTHERLY LINES OF SAID LOT 9, SOUTH 860 50' 57" WEST A DISTANCE OF 43.78 FEET; 31,5819 2 THENCE NORTH 800 32' 47" WEST A DISTANCE OF 50.70 FEET; THENCE NORTH 580 01' 06" WEST A DISTANCE OF 34.94 FEET; THENCE SOUTH 870 57' 23" WEST A DISTANCE OF 25.95 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 215.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 410 38' 04" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71 ° 01' 28", AN ARC DISTANCE OF 266.52 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 670 20' 28" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 740 45' 30" EAST A DISTANCE OF 52.79 FEET; THENCE NORTH 700 46' 01" EAST A DISTANCE OF 61.79 FEET; THENCE NORTH 520 45' 33" EAST A DISTANCE OF 53.51 FEET; THENCE NORTH 200 44' 35" EAST A DISTANCE OF 67.48 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1104.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 140 43' 18" WEST, SAID POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID NORTHERLY LINE OF LOT 9 AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 11' 34", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 291.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 100 31' 44" EAST; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ° 59' 00", AN ARC DISTANCE OF 162.44 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 42" 30' 44" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 230 00' 03" EAST A DISTANCE OF 165.12 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 4.10 ACRES, MORE OR LESS. 315819 3 LEGAL DESCRIPTION PARCEL 2 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 630 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 4 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 080 45' 44" EAST A DISTANCE OF 68.06 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 530.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 080 45' 44" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180 45' 44", AN ARC DISTANCE OF 173.56 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 800 00' 00" EAST A DISTANCE OF 20.97 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 215.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 830 22' 22" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 410 44' 18", AN ARC DISTANCE OF 156.62 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 410 38' 04" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 870 57' 23" EAST A DISTANCE OF 25.95 FEET; THENCE SOUTH 580 01' 06" EAST A DISTANCE OF 34.94 FEET; THENCE SOUTH 800 32' 47" EAST A DISTANCE OF 50.70 FEET; THENCE NORTH 860 50' 57" EAST A DISTANCE OF 43.78 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.65 ACRES, MORE OR LESS. 315819 5 LEGAL DESCRIPTION PARCEL 3 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 010 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 484.49 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 130 55' 13" EAST A DISTANCE OF 99.63 FEET; THENCE NORTH 170 09' 41" WEST A DISTANCE OF 8.72 FEET; THENCE NORTH 220 10' 04" EAST A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 180.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 220 10' 04" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 130 56' 38", AN ARC DISTANCE OF 43.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 080 13' 26" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 080 13' 26" EAST A DISTANCE OF 47.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 133.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 080 13' 26" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 480 57' 10", AN ARC DISTANCE OF 113.63 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 490 16' 16" EAST A DISTANCE OF 56.00 FEET; THENCE NORTH 400 43' 44" WEST A DISTANCE OF 142.72 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID NORTHERLY LINE OF LOT 9 THE FOLLOWING COURSES: NORTH 700 49' 51" EAST A DISTANCE OF 513.81 FEET; 315819 7 THENCE NORTH 560 34' 01" EAST A DISTANCE OF 146.89 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 754.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 25" 32' 19" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 020 58' 56", AN ARC DISTANCE OF 39.25 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 670 26' 37" EAST A DISTANCE OF 83.43 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1104.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 070 50' 05", AN ARC DISTANCE OF 150.96 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 140 43' 18" WEST; THENCE LEAVING SAID NORTHERLY LINE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 200 44' 35" WEST A DISTANCE OF 67.48 FEET; THENCE SOUTH 520 45' 33" WEST A DISTANCE OF 53.51 FEET; THENCE SOUTH 700 46' 01" WEST A DISTANCE OF 61.79 FEET; THENCE NORTH 740 45' 30" WEST A DISTANCE OF 52.79 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 215.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 670 20' 28" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 290 17' 10", AN ARC DISTANCE OF 109.89 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 830 22' 22" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 800 00' 00" WEST A DISTANCE OF 20.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 180 45' 44", AN ARC DISTANCE OF 173.56 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 080 45' 44" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 08" 45' 44" WEST A DISTANCE OF 68.06 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 6.35 ACRES, MORE OR LESS. 315819 8 LEGAL DESCRIPTION PARCEL 4 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 23" 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01" 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 484.49 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 130 55' 13" EAST A DISTANCE OF 99.63 FEET; THENCE NORTH 170 09' 41" WEST A DISTANCE OF 8.72 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 220.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 220 10' 04" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 070 04' 41 ", AN ARC DISTANCE OF 27.18 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 763.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 290 14' 45" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 100 55' 39", AN ARC DISTANCE OF 145.52 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 180 19' 05" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 180 19' 05" EAST A DISTANCE OF 114.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 877.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 180 19' 05" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 040 56' 33", AN ARC DISTANCE OF 75.65 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 130 22' 32" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 160 08' 18" EAST A DISTANCE OF 112.01 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9; 315819 10 THENCE ALONG SAID NORTHERLY LINE SOUTH 750 11' 40" EAST A DISTANCE OF 265.96 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 700 49' 51" EAST A DISTANCE OF 26.69 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 400 43' 44" EAST A DISTANCE OF 142.72 FEET; THENCE SOUTH 490 16' 16" WEST A DISTANCE OF 56.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 133.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 480 57' 10", AN ARC DISTANCE OF 113.63 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH O80 13' 26" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 080 13' 26" WEST A DISTANCE OF 47.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 180.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 080 13' 26" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 130 56' 38", AN ARC DISTANCE OF 43.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 220 10' 04" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 220 10' 04" WEST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.64 ACRES, MORE OR LESS. 315819 11 LEGAL DESCRIPTION PARCEL 5 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 12 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 28° 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 484.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 840 20' 27" WEST A DISTANCE OF 150.15 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 198.51 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 11 ° 05' 33" EAST A DISTANCE OF 92.39 FEET; THENCE NORTH 470 47' 08" EAST A DISTANCE OF 108.78 FEET; THENCE NORTH 020 26' 20" EAST A DISTANCE OF 95.36 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 763.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 100 10' 46" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 040 05' 59", AN ARC DISTANCE OF 54.60 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 464.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 060 04' 47" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 07' 50", AN ARC DISTANCE OF 9.16 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 070 12' 37" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 070 12' 37" EAST A DISTANCE OF 85.00 FEET; THENCE NORTH 430 51' 35" EAST A DISTANCE OF 36.44 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 877.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 070 03' 00" EAST; 315819 13 THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 ° 16' 05", AN ARC DISTANCE OF 172.47 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 18" 19' 05" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 180 19' 05" WEST A DISTANCE OF 114.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 763.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 180 19' 05" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 100 55' 40", AN ARC DISTANCE OF 145.52 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 220.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 290 14' 45" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 070 04' 41", AN ARC DISTANCE OF 27.18 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 220 10' 04" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 170 09' 41" EAST A DISTANCE OF 8.72 FEET; THENCE SOUTH 130 55' 13" WEST A DISTANCE OF 99.63 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.75 ACRES, MORE OR LESS. 315819 14 LEGAL DESCRIPTION PARCEL 6 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 47° 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 - 15 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 81 ° 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 198.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 770 44' 19" WEST A DISTANCE OF 101.48 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 119.03 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 260 28' 32" EAST A DISTANCE OF 113.47 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 464.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 260 28' 32" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 100 46' 26", AN ARC DISTANCE OF 87.25 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 150 42' 06" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 150 42' 06" EAST A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 424.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 150 42' 06" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 080 29' 29", AN ARC DISTANCE OF 62.84 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 070 12' 37" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 070 12' 37" WEST A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, 0115819 16 CONCAVE NORTHERLY, HAVING A RADIUS OF 464.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 070 12' 37" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 07' 50", AN ARC DISTANCE OF 9.16 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 763.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 060 04' 47" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 040 05' 59", AN ARC DISTANCE OF 54.60 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 100 10' 46" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 020 26' 20" WEST A DISTANCE OF 95.36 FEET; THENCE SOUTH 470 47' 08" WEST A DISTANCE OF 108.78 FEET; THENCE SOUTH 11" 05' 33" WEST A DISTANCE OF 92.39 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.19 ACRES, MORE OR LESS. 315819 17 LEGAL DESCRIPTION PARCEL 7 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 18 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 119.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 720 00' 02" WEST A DISTANCE OF 116.46 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 01 ° 18' 11" EAST A DISTANCE OF 122.16 FEET; THENCE NORTH 410 55' 13" EAST A DISTANCE OF 88.34 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 424.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 460 16' 30" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 020 15' 12", AN ARC DISTANCE OF 16.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 510.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 480 31' 42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 030 53' 47", AN ARC DISTANCE OF 34.68 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 440 37' 55" EAST; 315819 19 THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 380 29' 26" EAST A DISTANCE OF 141.61 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID NORTHERLY LINE SOUTH 710 19' 08" EAST A DISTANCE OF 286.74 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 750 11' 40" EAST A DISTANCE OF 88.76 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 160 08' 18" WEST A DISTANCE OF 112.01 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 877.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 130 22' 32" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 060 19' 32", AN ARC DISTANCE OF 96.82 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 070 03' 00" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 430 51' 35" WEST A DISTANCE OF 36.44 FEET; THENCE SOUTH 070 12' 37" WEST A DISTANCE OF 45.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 424.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 070 12' 37" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 080 29' 29", AN ARC DISTANCE OF 62.84 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 150 42' 06" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 150 42' 06" WEST A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 464.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 150 42' 06" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 100 46' 26", AN ARC DISTANCE OF 87.25 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 260 28' 32" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 260 28' 32" WEST A DISTANCE OF 113.47 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.25 ACRES, MORE OR LESS. 315819 20 LEGAL DESCRIPTION PARCEL 8 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 21 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET, - THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 235.49 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 010 18' 11" EAST A DISTANCE OF 122.16 FEET; THENCE NORTH 410 55' 13" EAST A DISTANCE OF 88.34 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 424.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 460 16' 30" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 15' 12", AN ARC DISTANCE OF 16.68 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 510.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 480 31' 42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 030 53' 47", AN ARC DISTANCE OF 34.68 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 440 37' 55" EAST; THENCE CONTINUING NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 130 45' 17", AN ARC DISTANCE OF 122.43 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 300 52' 38" EAST; 315819 22 THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 240 54' 57" WEST A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 518.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 29" 35' 47" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 050 30' 16", AN ARC DISTANCE OF 49.76 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 24° 05' 31" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 780 36' 15" WEST A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 510.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 220 48' 40" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 090 28' 02", AN ARC DISTANCE OF 84.27 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 130 20' 38" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 160 53' 28" EAST A DISTANCE OF 82.28 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID NORTHERLY LINE SOUTH 730 55' 19" EAST A DISTANCE OF 39.24 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 71° 19' 08" EAST DISTANCE OF 281.98 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 380 29' 26" WEST A DISTANCE OF 141.61 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 0.66 ACRES, MORE OR LESS. 315819 23 LEGAL DESCRIPTION PARCEL 9 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 24 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 010 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 235.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 720 00' 02" WEST A DISTANCE OF 99.39 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 32" 09' 36" EAST A DISTANCE OF 120.62 FEET; THENCE NORTH 020 55' 40" EAST A DISTANCE OF 131.30 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 510.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 080 46' 39" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 140 02' 01", AN ARC DISTANCE OF 124.92 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 220 48' 40" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 780 36' 15" EAST A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 518.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 240 05' 31" EAST; 315819 25 THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 050 30' 16", AN ARC DISTANCE OF 49.76 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 29° 35' 47" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 240 54' 57" EAST A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 510.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 300 52' 38" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 170 39' 04", AN ARC DISTANCE OF 157.12 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 424.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 480 31' 42" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 020 15' 12", AN ARC DISTANCE OF 16.68 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 460 16' 30" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 410 55' 13" WEST A DISTANCE OF 88.34 FEET; THENCE SOUTH 01 ° 18' 11" WEST A DISTANCE OF 122.16 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.84 ACRES, MORE OR LESS. 26 LEGAL DESCRIPTION PARCEL 10 315819 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 27 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 010 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11" 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 125.29 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 000 12' 53" EAST A DISTANCE OF 122.16 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 802.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 000 12' 53" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180 41' 58", AN ARC DISTANCE OF 261.75 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 395.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 180 29' 05" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 250 42' 04", AN ARC DISTANCE OF 177.18 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 510.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 070 12' 59" EAST; 315819 28 THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 33' 40", AN ARC DISTANCE OF 13.90 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 080 46' 39" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 020 55' 40" WEST A DISTANCE OF 131.30 FEET; THENCE SOUTH 320 09' 36" WEST A DISTANCE OF 120.62 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.72 ACRES, MORE OR LESS. 315919 29 LEGAL DESCRIPTION PARCEL 11 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 30 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 010 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 125.29 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9 NORTH 000 12' 53" EAST A DISTANCE OF 122.16 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 802.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 000 12' 53" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 040 46' 54", AN ARC DISTANCE OF 66.93 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 040 59' 47" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 140 37' 03" EAST A DISTANCE OF 279.46 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID NORTHERLY LINE SOUTH 730 55' 19" EAST A DISTANCE OF 526.60 FEET; 315819 31 THENCE LEAVING SAID NORTHERLY LINE SOUTH 160 53' 28" WEST A DISTANCE OF 82.28 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 510.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 130 20' 38" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 060 07' 39", AN ARC DISTANCE OF 54.54 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 395.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 070 12' 59" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 250 42' 04", AN ARC DISTANCE OF 177.18 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 802.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 18" 29' 05" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180 41' 58", AN ARC DISTANCE OF 261.75 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.13 ACRES, MORE OR LESS. 315819 32 LEGAL DESCRIPTION PARCEL 12 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 33 THENCE NORTH 84" 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 125.29 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9, NORTH 00" 12' 53" EAST A DISTANCE OF 82.16 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 842.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 000 12' 53" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 070 34' 02", AN ARC DISTANCE OF 111.21 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 290.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 070 46' 55" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 590 57' 05", AN ARC DISTANCE OF 303.44 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 220.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 670 44' 00" WEST; 315819 34 THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 200 29' 58", AN ARC DISTANCE OF 78.71 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 880 13' 58" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 880 13' 58" EAST A DISTANCE OF 115.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 105.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 880 13' 58" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 320 22' 51", AN ARC DISTANCE OF 59.34 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 435.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 590 23' 11" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 090 43' 22", AN ARC DISTANCE OF 73.82 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 690 06' 33" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 890 07' 58" EAST A DISTANCE OF 82.40 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID NORTHERLY LINE SOUTH 080 16' 47" EAST A DISTANCE OF 45.09 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 730 55' 19" EAST A DISTANCE OF 114.11 FEET THENCE LEAVING SAID NORTHERLY LINE SOUTH 140 37' 03" WEST A DISTANCE OF 279.46 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 802.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 59' 47" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 040 46' 54", AN ARC DISTANCE OF 66.93 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 000 12' 53" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 000 12' 53" WEST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.03 ACRES, MORE OR LESS. 315819 35 LEGAL DESCRIPTION PARCEL 13 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO.28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST, THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; 315819 36 THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 81 ° 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET, - THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 125.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 44' 52" WEST A DISTANCE OF 284.27 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 9, NORTH 01 ° 02' 22" EAST A DISTANCE OF 51.20 FEET; THENCE NORTH 270 33' 13" EAST A DISTANCE OF 100.59 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 290.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 340 48' 16" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 270 01' 21", AN ARC DISTANCE OF 136.77 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 842.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 070 46' 55" WEST; 115819 37 THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 070 34' 02", AN ARC DISTANCE OF 111.21 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 000 12' 53" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 000 12' 53" WEST A DISTANCE OF 82.16 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 0.64 ACRES, MORE OR LESS. 315819 38 LEGAL DESCRIPTION PARCEL 14 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 04" 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; ` 315819 39 THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 409.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 44' 52" WEST A DISTANCE OF 343.47 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 440 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 31.74 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 800 26' 15" EAST A DISTANCE OF 228.45 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 220.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 800 48' 35" WEST; 315819 - _ 40 THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 310 27' 25", AN ARC DISTANCE OF 120.79 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 290.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 670 44' 00" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 320 55' 44", AN ARC DISTANCE OF 166.67 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 34° 48' 16" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 270 33' 13" WEST A DISTANCE OF 100.59 FEET; THENCE SOUTH 01 ° 02' 22" WEST A DISTANCE OF 51.20 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.30 ACRES, MORE OR LESS. 315819 41 LEGAL DESCRIPTION PARCEL 15 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 - 42 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 440 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 31.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 460 38' 33" WEST A DISTANCE OF 79.20 FEET; THENCE NORTH 180 50' 25" EAST A DISTANCE OF 315.23 FEET; 315819 43 THENCE LEAVING THE WESTERLY LINE OF SAID LOT 9 SOUTH 630 49' 37" EAST A DISTANCE OF 169.22 FEET; THENCE SOUTH 820 37' 15" EAST A DISTANCE OF 50.43 FEET; THENCE SOUTH 660 25' 09" EAST A DISTANCE OF 104.08 FEET; THENCE SOUTH 860 08' 17" EAST A DISTANCE OF 68.22 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 435.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 830 04' 37" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 41' 26", AN ARC DISTANCE OF 179.86 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 105.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 590 23' 11" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 320 22' 51", AN ARC DISTANCE OF 59.34 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 880 13' 58" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 880 13' 58" WEST A DISTANCE OF 115.00 FEET TO A POINT ON THE ARC OF A NONTANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 220.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 880 13' 58" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 100 57' 27", AN ARC DISTANCE OF 42.07 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 800 48' 35" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 800 26' 15" WEST A DISTANCE OF 228.45 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.50 ACRES, MORE OR LESS. -J15819 44 LEGAL DESCRIPTION PARCEL 16 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 - - 45 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 440 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 110.94 FEET; THENCE NORTH 180 50' 25" EAST A DISTANCE OF 315.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 570 40' 47" EAST A DISTANCE OF 509.21 FEET; 315819 S-1 THENCE LEAVING THE WESTERLY LINE OF SAID LOT 9 SOUTH 440 37' 13" EAST A DISTANCE OF 92.71 FEET; THENCE SOUTH 460 28' 54" WEST A DISTANCE OF 179.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 230.00 FEET THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 190 13' 32", AN ARC DISTANCE OF 77.18 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 62° 44' 38" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 620 44' 38" EAST A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 155.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 620 44' 38" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 260 20' 26", AN ARC DISTANCE OF 71.26 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 435.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 89° 05' 04" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 060 00' 27", AN ARC DISTANCE OF 45.61 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 830 04' 37" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 860 08' 17" WEST A DISTANCE OF 68.22 FEET; THENCE NORTH 660 25' 09" WEST A DISTANCE OF 104.08 FEET; THENCE NORTH 820 37' 15" WEST A DISTANCE OF 50.43 FEET; THENCE NORTH 630 49' 37" WEST A DISTANCE OF 169.22 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.88 ACRES, MORE OR LESS. 315819 47 LEGAL DESCRIPTION PARCEL 17 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450: THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 18° 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 - 48 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 81 ° 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 110 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 41" 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 44" 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 110.94 FEET; THENCE NORTH 180 50' 25" EAST A DISTANCE OF 315.23 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 9 SOUTH 630 49' 37" EAST A DISTANCE OF 169.22 FEET; THENCE SOUTH 820 37' 15" EAST A DISTANCE OF 50.43 FEET; 315819 49 THENCE SOUTH 660 25' 09" EAST A DISTANCE OF 104.08 FEET; THENCE SOUTH 860 08' 17" EAST A DISTANCE OF 68.22 FEET TO A POINT ON THE ARC OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 435.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 830 04' 37" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60 00' 27", AN ARC DISTANCE OF 45.61 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 155.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89° 05' 04" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 430 33' 58", AN ARC DISTANCE OF 123.27 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 460 28' 54" EAST A DISTANCE OF 104.17 FEET; THENCE SOUTH 600 01' 37" EAST A DISTANCE OF 367.29 FEET; THENCE SOUTH 080 05' 46" WEST A DISTANCE OF 92.20 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9: THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING COURSES: SOUTH 860 26' 00" WEST A DISTANCE OF 341.10 FEET; THENCE SOUTH 590 01' 12" WEST A DISTANCE OF 42.29 FEET; THENCE SOUTH 080 16' 47" EAST A DISTANCE OF 10.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 890 07' 58" WEST A DISTANCE OF 82.40 FEET TO A POINT ON THE ARC OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 435.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 690 06' 33" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 130 58' 04", AN ARC DISTANCE OF 106.05 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.13 ACRES, MORE OR LESS. 315819 5o LEGAL DESCRIPTION PARCEL 18 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 51 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 39" 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 010 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 440 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 110.94 FEET; THENCE NORTH 180 50' 25" EAST A DISTANCE OF 315.23 FEET; THENCE NORTH 570 40' 47" EAST A DISTANCE OF 509.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 570 40' 47" EAST A DISTANCE OF 89.39 FEET; 315819 52 THENCE LEAVING THE WESTERLY LINE OF SAID LOT 9 SOUTH 690 38' 27" EAST A DISTANCE OF 141.17 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 9; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: SOUTH 160 25' 20" WEST A DISTANCE OF 135.75 FEET; THENCE SOUTH 570 18' 07" EAST A DISTANCE OF 372.73 FEET; THENCE SOUTH 040 22' 48" WEST A DISTANCE OF 107.94 FEET; THENCE SOUTH 86" 26' 00" WEST A DISTANCE OF 108.05 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 080 05' 46" EAST A DISTANCE OF 92.20 FEET; THENCE NORTH 600 01' 37" WEST A DISTANCE OF 367.29 FEET; THENCE SOUTH 460 28' 54" WEST A DISTANCE OF 104.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 155.00 FEET: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 190 13' 32", AN ARC DISTANCE OF 52.01 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 620 44' 38" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 620 44' 38" WEST A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 230.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 620 44' 38" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 190 13' 32", AN ARC DISTANCE OF 77.18 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 460 28' 54" EAST A DISTANCE OF 179.81 FEET; THENCE NORTH 440 37' 13" WEST A DISTANCE OF 92.71 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.88 ACRES, MORE OR LESS. 315819 53 LEGAL DESCRIPTION PARCEL 19 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 54 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET: THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11" 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 44" 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 110.94 FEET; THENCE NORTH 180 50' 25" EAST A DISTANCE OF 315.23 FEET; THENCE NORTH 570 40' 47" EAST A DISTANCE OF 598.60 FEET TO THE TRUE POINT OF BEGINNING; 31SS19 55 THENCE CONTINUING NORTH 570 40' 47" EAST A DISTANCE OF 120.08 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 660 00' 52" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 480 24' 14", AN ARC DISTANCE OF 160.51 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 650 34' 54" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 720 21' 28" WEST A DISTANCE OF 286.79 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 9 NORTH 140 02' 55" WEST A DISTANCE OF 54.45 FEET; THENCE NORTH 580 29' 28" WEST A DISTANCE OF 82.40 FEET; THENCE NORTH 270 42' 33" WEST A DISTANCE OF 84.52 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 196.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 270 42' 33" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 110 52' 23", AN ARC DISTANCE OF 40.62 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 500 25' 04" EAST A DISTANCE OF 36.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 245.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 170 52' 59", AN ARC DISTANCE OF 76.47 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 21 ° 41' 57" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 170 32' 27" WEST A DISTANCE OF 57.25 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID NORTHERLY LINE SOUTH 890 38' 47" EAST A DISTANCE OF 272.36 FEET; THENCE ALONG THE EASTERLY LINE OF SAID LOT 9 SOUTH 190 23' 22" EAST A DISTANCE OF 229.88 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 250.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 350 48' 42", AN ARC DISTANCE OF 156.26 FEET; 315819 56 THENCE CONTINUING ALONG SAID EASTERLY LINE AND TANGENT TO LAST MENTIONED CURVE, SOUTH 160 25' 20" WEST A DISTANCE OF 124.97 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 690 38' 27" WEST A DISTANCE OF 141.17 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.61 ACRES, MORE OR LESS. LEGAL DESCRIPTION PARCEL 20 - 315819 57 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 43" 11' 10" WEST A DISTANCE OF 91.21 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; 315819 - 58 THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 440 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 110.94 FEET; THENCE NORTH 18" 50' 25" EAST A DISTANCE OF 315.23 FEET; THENCE NORTH 57" 40' 47" EAST A DISTANCE OF 718.68 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 660 00' 52" EAST; 315819 59 THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 480 24' 14", AN ARC DISTANCE OF 160.51 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 650 34' 54" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 720 21' 28" WEST A DISTANCE OF 286.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 720 21' 28" WEST A DISTANCE OF 440.22 FEET; THENCE LEAVING SAID WESTERLY LINE OF LOT 9 NORTH 150 47' 41" WEST A DISTANCE OF 45.48 FEET; THENCE NORTH 550 40' 43" WEST A DISTANCE OF 67.28 FEET; THENCE NORTH 320 27' 06" EAST A DISTANCE OF 93.20 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 380 13' 08" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 510 58' 55", AN ARC DISTANCE OF 154.23 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89° 46' 57" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 380 52' 45" EAST A DISTANCE OF 83.48 FEET TO A POINT ON THE ARC OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 180.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 490 15' 50" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 400 25' 42", AN ARC DISTANCE OF 127.01 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 81 ° 09' 52" EAST A DISTANCE OF 98.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 196.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 360 32' 41 ", AN ARC DISTANCE OF 125.01 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 270 42' 33" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 270 42' 33" EAST A DISTANCE OF 84.52 FEET; THENCE SOUTH 580 29' 28" EAST A DISTANCE OF 82.40 FEET; THENCE SOUTH 140 02' 55" EAST A DISTANCE OF 54.45 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.38 ACRES, MORE OR LESS. _, _ 315819 60 LEGAL DESCRIPTION PARCEL 21 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 _ 61 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 11 ° 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 660 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 440 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 110.94 FEET; THENCE NORTH 180 50' 25" EAST A DISTANCE OF 315.23 FEET; THENCE NORTH 570 40' 47" EAST A DISTANCE OF 718.68 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 660 00' 52" EAST; _ _ 315819 62 THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 480 24' 14", AN ARC DISTANCE OF 160.51 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 650 34' 54" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 720 21' 28" WEST A DISTANCE OF 727.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 720 21' 28" WEST A DISTANCE OF 158.93 FEET; THENCE NORTH 01 ° 03' 11" EAST A DISTANCE OF 334.80 FEET; THENCE NORTH 180 20' 28" WEST A DISTANCE OF 95.12 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 9 NORTH 580 17' 04" EAST A DISTANCE OF 106.35 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 645.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 500 32' 20" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 060 03' 52", AN ARC DISTANCE OF 68.27 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 180.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 560 36' 12" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 070 20' 22", AN ARC DISTANCE OF 23.06 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 49' 15' 50" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 380 52' 45" WEST A DISTANCE OF 83.48 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 890 47' 57" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 510 58' 55", AN ARC DISTANCE OF 154.23 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 380 13' 08" WEST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 320 27' 06" WEST A DISTANCE OF 93.20 FEET; THENCE SOUTH 550 40' 43" EAST A DISTANCE OF 67.28 FEET; THENCE SOUTH 150 47' 41" EAST A DISTANCE OF 45.48 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 1.06 ACRES, MORE OR LESS. 315819 63 LEGAL DESCRIPTION PARCEL 22 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: A PORTION OF LOT 9 AS SHOWN ON TRACT MAP NO. 28450 ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF DESERT WILLOW DRIVE AND MARKET PLACE AS SHOWN ON SAID TRACT MAP NO. 28450; THENCE NORTH 730 47' 16" WEST A DISTANCE OF 142.70 FEET; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 9 THE FOLLOWING COURSES; SOUTH 660 59' 57" WEST A DISTANCE OF 13.61 FEET; THENCE SOUTH 230 00' 03" EAST A DISTANCE OF 136.07 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 830 53' 19" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 920 03' 28", AN ARC DISTANCE OF 241.01 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 310.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 040 03' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 230 59' 30", AN ARC DISTANCE OF 129.81 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 190 56' 17" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, NORTH 470 49' 08" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 000 50' 08" WEST A DISTANCE OF 130.75 FEET; THENCE NORTH 750 13' 35" WEST A DISTANCE OF 12.17 FEET; THENCE SOUTH 180 33' 06" WEST A DISTANCE OF 69.86 FEET; THENCE SOUTH 430 11' 10" WEST A DISTANCE OF 91.21 FEET; 315819 64 THENCE NORTH 840 41' 20" WEST A DISTANCE OF 204.00 FEET; THENCE NORTH 390 03' 33" WEST A DISTANCE OF 128.70 FEET; THENCE NORTH 280 39' 23" WEST A DISTANCE OF 114.55 FEET; THENCE SOUTH 810 16' 30" WEST A DISTANCE OF 12.37 FEET; THENCE SOUTH 01 ° 59' 41" EAST A DISTANCE OF 157.28 FEET; THENCE SOUTH 170 24' 21" WEST A DISTANCE OF 28.64 FEET; THENCE NORTH 840 41' 20" WEST A DISTANCE OF 112.54 FEET; THENCE SOUTH 840 20' 27" WEST A DISTANCE OF 634.64 FEET; THENCE SOUTH 770 44' 19" WEST A DISTANCE OF 299.99 FEET; THENCE NORTH 110 32' 20" WEST A DISTANCE OF 81.53 FEET; THENCE NORTH 480 15' 39" WEST A DISTANCE OF 26.00 FEET; THENCE NORTH 410 44' 21" EAST A DISTANCE OF 132.41 FEET; THENCE NORTH 720 00' 02" WEST A DISTANCE OF 334.88 FEET; THENCE NORTH 66" 00' 22" WEST A DISTANCE OF 251.96 FEET; THENCE NORTH 770 36' 40" WEST A DISTANCE OF 256.12 FEET; THENCE SOUTH 890 44' 52" WEST A DISTANCE OF 753.03 FEET; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 THE FOLLOWING COURSES: NORTH 44" 37' 32" WEST A DISTANCE OF 9.05 FEET; THENCE NORTH 240 13' 42" EAST A DISTANCE OF 237.68 FEET; THENCE NORTH 100 07' 31" WEST A DISTANCE OF 107.36 FEET; THENCE NORTH 460 38' 33" WEST A DISTANCE OF 110.94 FEET; THENCE NORTH 180 50' 25" EAST A DISTANCE OF 315.23 FEET; THENCE NORTH 570 40' 47" EAST A DISTANCE OF 718.68 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 660 00' 52" EAST; 315819 65 THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 480 24' 14", AN ARC DISTANCE OF 160.51 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 650 34' 54" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 720 21' 28" WEST A DISTANCE OF 885.95 FEET; THENCE NORTH 01 O 03' 11" EAST A DISTANCE OF 334.80 FEET; THENCE NORTH 180 20' 28" WEST A DISTANCE OF 95.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 180 20' 28" WEST A DISTANCE OF 33.54 FEET; THENCE NORTH 460 18' 15" WEST A DISTANCE OF 57.30 FEET; THENCE NORTH 620 33' 49" WEST A DISTANCE OF 59.41 FEET; THENCE NORTH 090 51' 01" WEST A DISTANCE OF 39.50 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 170.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 100 30' 13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 330 12' 46", AN ARC DISTANCE OF 98.54 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 225.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 22° 42' 33" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 240 04' 02", AN ARC DISTANCE OF 94.51 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 880 38' 31" WEST A DISTANCE OF 26.13 FEET; THENCE NORTH 01 ° 21' 29" EAST A DISTANCE OF 97.63 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 9 NORTH 890 52' 37" EAST A DISTANCE OF 274.34 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 740 44' 03" EAST A DISTANCE OF 538.06 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 890 38' 47" EAST A DISTANCE OF 112.88 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 170 32' 27" EAST A DISTANCE OF 57.25 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE 1,5819 - 66 SOUTHEASTERLY, HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 210 41' 57" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 170 52' 59", AN ARC DISTANCE OF 76.47 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, SOUTH 500 25' 04" WEST A DISTANCE OF 36.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 196.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 480 25' 04", AN ARC DISTANCE OF 165.63 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 810 09' 52" WEST A DISTANCE OF 98.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 180.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 470 46' 04", AN ARC DISTANCE OF 150.07 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 645.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 560 36' 12" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 060 03' 52", AN ARC DISTANCE OF 68.27 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 50° 32' 20" EAST; THENCE NONTANGENT TO LAST MENTIONED CURVE, SOUTH 580 17' 04" WEST A DISTANCE OF 106.35 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD. COMPRISING 2.94 ACRES, MORE OR LESS. 315819 EXHIBIT B THE PROJECT THE PROJECT CONSISTS OF THE DISPOSITION AND DEVELOPMENT AGREEMENT APPROVED UNDER RESOLUTION NO. 334 OF THE PALM DESERT REDEVELOPMENT AGENCY AND UNDER RESOLUTION NO. 97-10 OF THE CITY OF PALM DESERT, THE DEVELOPMENT AGREEMENT APPROVED UNDER CASE NO. DA 96-1, APPROVED BY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, BEING ORDINANCE NO. 824, INCLUDES TENTATIVE TRACT NO. 28450, APPROVED BY PLANNING COMMISSION RESOLUTION NO. 1776, IN CASE CUP/PP 96-28, AND TENTATIVE TRACT MAP NO. 28451, APPROVED BY PLANNING COMMISSION RESOLUTION NO. 1777, TOGETHER WITH ALL MAPS, PROJECTS, AND CONDITIONS INCLUDED THEREIN.