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HomeMy WebLinkAboutContract 1535-1 FIRST AMENDMENT TO SALES TAX SHARING AGREEMENT This First Amendment to Sales Tax Sharing Agreement ("First Amendment") is hereby entered into this 14th day of June, 2017, by and between the City of Cathedral City, a charter city and municipal corporation within the State of California (the "City"), and Palm Springs Motors, Inc., a California corporation, ("Owner"). Each of the foregoing parties may be referred to individually herein as "Party" or jointly as the "Parties." RECITALS A. City and Owner entered into that certain Sales Tax Sharing Agreement on September 12, 2012 ("Agreement"). Terms not specifically defined herein shall have the meaning ascribed to them in the Agreement. B. The purpose of the Agreement was to encourage Owner's improvement, expansion and operation of a Lincoln automobile dealership on the Property and for the City to derive the benefits set forth in the Agreement in accordance with Chapter 3.46 of Title 3 of the Cathedral City Municipal Code. In consideration of the foregoing, Owner was and remains eligible to receive economic incentive payments from City equal to 50% of the annual sales tax receipts generated from the Property and received by City, over the established Sales Tax Base, in an amount not to exceed $400,000 over the term of the Agreement. As of the Effective Date of this First Amendment, Owner has received $103,357.00 in economic incentive payments from the City, with a remaining eligible amount of$296,643.00. C. The purpose of this First Amendment is to encourage Owner's improvement, expansion and operation of a Mazda automobile dealership on the Property, for City to derive the benefits therefrom as set forth in the Agreement in accordance with Chapter 3.46 of Title 3 of the Cathedral City Municipal Code, for Owner to be eligible to receive economic incentive payments from City equal to 50% of the annual sales tax receipts generated from the Property and received by the City over the established Sales Tax Base in an amount not to exceed $1,300,000 (inclusive of the original incentive payments received and for which Owner remains eligible) over an extended term as provided herein. D. After a duly noticed public hearing, as required by the Program, and consideration by the City Council of the Tax Sharing Report, attached hereto as Exhibit "A", prepared in accordance with the Program, and consideration of such other matters as may have been presented during said public hearing, the City Council found the Existing Retail Business to be an Approved Business with which the City would enter into this First Amendment to Sales Tax Sharing Agreement. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: RIV#4829-3071-9817 vl DRAFT 6/1/17 -1- 1.0 FINDINGS. 1.1 The City Council determines that its findings originally made and as memorialized in the Agreement remain true and accurate with regard to the Property and the Mazda Improvements described herein and hereby renew those findings as is set forth in full in this First Amendment, with the exception that the City Council finds the benefit to the City of Sales Tax Sharing of the Sales Tax Increment, calculated using the Sales Tax Base determined in the Tax Sharing Reports, using a Sales Tax Sharing percentage of fifty percent (50%) for an extended period, as described in this First Amendment or until Owner's share of the Sales Tax Sharing reaches a maximum Sales Tax Increment paid to Owner of One Million Three Hundred Thousand Dollars ($1,300,000), whichever occurs first, is consistent with the intent and purpose and requirements of the Program. 2.0 AMENDMENTS. The Agreement is hereby modified and amended as follows: 1.2 New Section 3.a.1. A new subdivision "a.1" is hereby added to Section "3" of the Agreement as follows: "a.1 Owner is obligated to (1) renovate and expand the existing Mazda building showroom and customer service areas on the Property, and (2) upgrade and improve the Mazda building façade ("Mazda Improvements"). The Mazda Improvements to the Property are indicated on Exhibit "B" to this First Amendment and incorporated herein by this reference. The Mazda Improvements shall be considered to be part of the Work of Improvement and Improved Dealership, as set forth in subdivision "a" of Section 3 above. The representations of Owner and all agreements made by and obligations imposed upon Owner, as set forth in subdivision "a" of Section 3 above, remain binding and applicable to the Work of Improvement described herein." 1.3 Amended Section 3.d. Subdivision "d" of Section 3 of the Agreement is hereby amended to read as follows: "d. The Parties acknowledge that the Ordinance approving the Program was duly adopted by the City Council and took effect on October 12, 2012 and subsequently amended and took effect on January 11, 2014." 1.4 New Section 4.e. New subdivision "e" is hereby added to Section 4 of the Agreement as follows: "e. All of the terms and conditions set forth in subdivisions "a" through "d," inclusive of Section 4, shall remain in full force and effect except that: (i) the period over which the Sales Tax Sharing shall remain payable is extended to a date seven (7) years after the issuance of a Certificate of Occupancy by City for the Mazda Improvements; (ii) the total cumulative RIV#4829-3071-9817 v 1 DRAFT 6/1/17 -2- amount of Sales Tax Sharing received by Owner shall not exceed $1,300,000, and (iii) Owner's satisfaction of the terms and conditions of subdivision "f" below are a precondition upon Owner's receipt of any Sale Tax Sharing over and above $400,000." 1.5 New Section 4.f. New subdivision "f' is hereby added to Section 4 of the Agreement as follows: "f. Owner agrees to provide to City documentation reasonably acceptable to City, including without limitation, invoices, lien releases, and other evidences of Owner's actual payment, confirming payments to contractors, subcontractors, and vendors regarding the Mazda Improvements totaling not less than One Million Six Hundred Twenty-Eight Thousand Four Hundred Thirty-One Dollars ($1,628,431) ("Total Minimum Expense"). If the accepted documentation evidences payments by Owner of less than the Total Minimum Expense, then City shall have the right to recalculate and reduce the amount of Sales Tax Sharing to be received by Owner in proportion to the amount by which the actual amount paid is less than the Total Minimum Expense. 3.0 RECORDATION OF AMENDED OPERATING COVENANT. In accordance with Sections 3.46.030 and 3.46.050 of the Code, Owner agrees to record against the Property the First Amendment to the Operating Covenants attached hereto as Exhibit "C". Said covenants shall be recorded immediately after the Effective Date, shall survive termination for any reason of the Agreement or this First Amendment and shall run with the Property for the duration of the term set forth in said Operating Covenants. 4.0 GENERAL PROVISIONS. 4.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties. 4.2 Integration. This First Amendment consists of pages 1 through 4 inclusive, which constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment. 4.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Owner. 4.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. RN#4829-3071-9817 vl DRAFT 6/1/17 -3- 4.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: City of edral City By: ‘t 161i.) t-t -0—LO Charles McClen on, City Manager ATTEST: By: I�� • Gary Ho ell, Cir Clerk APPROVED AS TO FORM Eric S. Vail, Gene h ounsel OWNER: Palm Springs Motors, Inc. By: DiptAl lime: Paul Thiel Title: President NOTE: OWNER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RN#4829-3071-9817 vl DRAFT 6/1/17 -4- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On .. 0 ne Lo , 20 CI before me, S1'Ne1l Lmotc O s, tc.- Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared --"PAut_NtEt. Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons„), whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(tes), SHELLY L. MACIAS and that by his/her/their signature(s) on the instrument the omm. #2037607 person(s),, or the entity upon behalf of which the persorI $ Notary Public-California a 'r Riverside County acted, executed the instrument. z' `. T' MyC ember 4n Expires �= I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) " Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above RN#4829-3071-9817 vl DRAFT 6/1/17 EXHIBIT"A" TAX SHARING REPORT PREPARED IN ACCORDANCE WITH SECTION 3.46.040 OF THE CATHEDRAL CITY MUNICIPAL CODE FOR ANALYSIS OF THE REQUEST FOR APPROVAL OF THE FIRST AMENDMENT TO SALES TAX SHARING AGREEMENT BETWEEN PALM SPRINGS MOTORS,LLC,AND THE CITY OF CATHEDRAL CITY A Tax Sharing Report, as defined in Cathedral City Municipal Code ("CCMC") Chapter 3.46, provides the fiscal analysis necessary to determine the current and projected revenue generated by an Applicant for a Sales Tax Sharing Agreement. This information is used to establish a "Sales Tax Base" or historic benchmark for the Sales Tax collected by the City from the subject business. After the Sales Tax Base has been determined,projections of additional sales tax revenue attributable to the renovation and expansion of the business will be generated. The incremental difference between the Sales Tax Base and the projected additional revenues represents a new source of income for the City, of which a portion could be shared with the business owner without a negative fiscal impact on City revenues. If it can be demonstrated that the proposed improvements will result in community-wide benefit, often defined as additional revenues that can be used to provide municipal services,the City Council may choose to approve a Sales Tax Sharing Agreement in order to incentivize the business owner to complete upgrades and improvements. This report identifies the financial data necessary to allow the City Council to reach a conclusion about the value and validity of an application for a Sales Tax Sharing Agreement. In accordance with CCMC Section 3.46.040(b),the following factors,together with any additional studies or reports requested by the City Council, shall be analyzed: 1. For Existing Businesses, the existing level of Sales Tax generated by the business, and the projected Sales Tax to be generated after a planned expansion (or renovation) project; and 2. For New Businesses,the projected Sales Tax to be generated by the new Business; and 3. For Existing Businesses,the amount of expected Sales Tax Increment; and 4. For New and Existing Businesses, the type, quality, and price point of the goods and services sold or provided by the Business; and 5. For New and Existing Businesses, the total projected cost to construct the New Business or expand (or renovate)the Existing Business; and 6. The impact and benefits of the proposed expansion or construction of the Business on the residents of the City and the surrounding region; and 7. The necessity for public assistance Proposal The Cathedral City Sales Tax Sharing Program identifies specific criteria for participation by the Owner/Developer of an existing Business. In accordance with CCMC Chapter 3.46.030, each participant must: 1. Be the Owner/Developer of an existing Business that will be renovated or expanded 2. Complete and submit an application for participation in the Sales Tax Sharing Program 3. Be approved following a public hearing conducted by the City Council 4. Enter into a Sales Tax Sharing Agreement in the form approved by the City Council 5. Execute and record against the Business property the Operating Covenants provided in CCMC Section 3.46.050 6. Execute an Indemnification Agreement in the form approved by the City The Applicant, Palm Springs Motors, LLC, is seeking assistance to expand and remodel an existing Mazda automobile showroom facility located at 69-200 East Palm Canyon Road primarily to accommodate the anticipated growth in the Mazda product portion of the dealership. The Applicant has determined that the expansion will result in significant growth in the gross receipts of the dealership and without the expansion,the Mazda product would not be sold at the dealership.The Applicant is seeking$900,000 in assistance over a period not to exceed seven (7) years and not to exceed fifty (50) percent of the incremental increase in the sales tax generated by the dealership. The renovation and expansion of the existing facility will generate additional tax revenue to the City and participation in a Sales Tax Sharing Agreement will bring the Project more in line with a reasonably supportable development cost in relation to achievable sales volume. Per City Ordinance No.730,any proposed sales tax sharing shall not exceed fifty(50) percent and ten(10) years unless City Council determines that additional assistance is warranted to achieve the City's goals. Based on the Applicant's request and Council direction,the recommended Sales Tax Sharing Program is a reimbursement of fifty (50) percent of incremental sales tax revenue generated by the Business up to $1,300,000, including the $400,000 incremental sales tax revenue per the Sales Tax Sharing Agreement dated September 12, 2012,for a maximum period of seven (7)years following completion of the Mazda improvements and acceptance by the City. Operating Covenants require the Applicant to devote the property to the intended use for the duration of the amended Agreement. Existing Sales Tax Generation and Determination of Sales Tax Base Sales tax is assessed in accordance with the provisions of the Bradley Burns Uniform Local Sales and Use Tax Law and is payable to Cathedral City from the State board of Equalization. Only the sales tax obtained by Cathedral City through the distribution formula used by the State Board of Equalization will be included in the shared reimbursement. The Sales Tax Base was set at $400,000 for the original Agreement. Retention of this base amount for the First Amendment to the Sales Tax Sharing Agreement simplifies the future calculations and administration of the amended and extended Agreement. Type,Quality and Price Point of Goods&Services Sold The Applicant has indicated that new Mazda automobiles will have an average sales price of$30,000 and used vehicles obtained and sold as a result of a Mazda transaction will have an average sales price of $22,000. Mazda is a mid-range product line that has been in the marketplace for many years. It is anticipated that the brand will remain strong and potentially grow significantly given the new line of vehicles that continue to be introduced. The Applicant believes that the facility improvements will draw additional customers to Mazda,as well as to the Lincoln and Ford brands. Retaining Palm Springs Motors as the only dealership offering the Mazda product line as a result of the improvements ensures the sale of new Mazda products will occur at Palm Springs Motors. The Applicant is currently preparing the design drawings to be submitted to the City to obtain the necessary permits for construction of the expanded and renovated Mazda facility. The Applicant had previously completed a significant expansion and renovation of the dealership's Lincoln and Ford facilities in 2014,which has allowed for retention of the Lincoln brand and increased sales volume as the dealership as demonstrated by increasing tax generation. Completing the proposed Mazda improvements is projected to provide the same benefits. Projected Construction and Costs Renovations include expanding the dealership showroom by approximately 2,500 square feet and completing exterior facade enhancements on the entire Mazda facility(the"Project"). The Applicant has selected KSC, Inc. to complete these improvements at a projected a cost of over $1,600,000 for the renovations, architecture, engineering, furniture, fixtures, equipment, signage and fees. The finished building will have an entire interior upgrade with new floors,vehicle display areas,wall finishes,customer comfort areas and furniture. The finishes will be in compliance with corporate standards. The cost of the 2 improvements is in addition to the considerable investment made by the Applicant in 2014 for the expanded and enhanced Lincoln and Ford facilities. Impacts and Benefits It is anticipated that following the expansion of the dealership,an additional 540-900 new and used Mazda vehicles will be sold annually,generating between$16 million and $24 million in gross sales and between $160,000 and $240,000 in local sales tax. It is also anticipated that parts sales and service will further augment local sales tax by as much as$10,000. The projected incremental increase in sales tax over the proposed seven-year period attributable to Mazda-only sales will be approximately$1,500,000. Sales tax generated from the sales of Lincoln and Ford products are in addition to that amount and thus is expected to satisfy the $1,300,000 in shared taxes that the Applicant is seeking during this time period as reimbursement of a portion of the Applicant's investment in improving Palm Springs Motors and retaining both Lincoln and Mazda dealerships in Cathedral City as the single point of sales for these brands in the Coachella Valley. Automobile dealerships are a major tax generator for the City. The proposed expansion and remodel will provide expanded services for customers, both local residents and visitors to the City. The attractive features of the site's new architectural upgrades and the additional revenues that can be used to provide municipal services will provide a significant benefit to the community. The expansion will also result in the need for approximately ten (10) additional employees. Necessity of Public Assistance Mazda Corporation has mandated a dealership upgrade in order for the Applicant to retain the Mazda showroom and sales. The improvements will provide an enhanced facility to accommodate the new product lines being released. According to the Applicant, Mazda will not provide funding to complete the necessary upgrades. Conversely, they have indicated that without the renovations, they are likely to relocate the Mazda dealership out of the City. Without some form of assistance, the Applicant may choose to forgo the opportunity to upgrade the facility and no longer offer the Mazda brand, resulting in a loss of existing sales tax revenue. The Applicant is only eligible to receive incremental sales tax, thus this Sales Tax Sharing Program is performance-driven. As net new sales tax share increases for the Applicant, it correspondingly increases for the City. No sharing will occur if there is no new increase above the base. There is also an opportunity cost to be considered. The Applicant has confirmed that they would choose not to proceed with the improvements without public assistance resulting in the likely loss of the Mazda dealership. Amending the existing Sales Tax Sharing Agreement makes the project feasible and provides assurance to Mazda that the City is supportive of retaining that brand within the City. Recommendation Based on the contents of this Sales Tax Sharing Report,the potential for public benefit and the request by the Applicant, staff recommends approval of the application for a Sales Tax Sharing Agreement that reimburses fifty (50) percent of the annual incremental sales tax increase actually received by the City over and above a Sales Tax Base of $400,000; that the total sales tax reimbursement not exceed $1,300,000; that the length of the agreement not exceed seven (7) years pending completion of the improvements and acceptance by the City as stated in the First Amendment to the Sales Tax Sharing Agreement; and that the Operating Covenants require the Applicant to devote the property to the intended use for the duration of the amended Agreement. Staff recommends that the Applicant's proposal is consistent with the findings to be made in accordance with Ordinance 3.46 and in the best interest of the general public as follows: 3 1. Without financial assistance,the applicant is unlikely to complete the improvements necessary to retain and expand a Mazda dealership in Cathedral City. 2. The project will serve to update and upgrade the current Mazda facilities creating additional value and generating additional sales tax revenue. 3. The expansion of the Mazda line of automobiles is anticipated to create a net increase of approximately ten (10) new jobs. 4. The Applicant projects an incremental increase in gross receipts of approximately$1,500,000 over a seven (7)-year period for Mazda products alone. 4 f % EXHIBIT "B" : WEST ELEVATION SCALE LN'•TO 4.--.-N-- E J7 (Or ', // 4:Y .• , //- � �, ya ce % / � /v // il / / A / o 6 SOUTH ELEVATION WALE 1W•1'. a ...-L, _�-. El i 8 .g NOTE: The expansion of the : jj %� Mazda facility by 2, 444 sf , jf i '; 1% am. 4 = for a total of 8, 101 sf.. ���' ,//; /� - , The facade will match that .. ! ' sm.LIN of the Ford facility. .. EAST ELEVATION WALL LN."W A3.0 FIRST AMENDMENT TO OPERATING COVENANTS This First Amendment to Operating Covenants ("First Amendment") is hereby entered into this 14th day of June, 2017, by and between the City of Cathedral City, a charter city and California municipal corporation (the "City), and Palm Springs Motors, Inc., a California corporation (the "Owner"). Each of the foregoing parties may be referred to individually herein as "Party" or jointly as the "Parties." RECITALS A. City and Owner entered into that certain document entitled "Operating Covenants" dated September 12, 2012, which was recorded in the official records of the Riverside County Recorder's Office as Instrument No. 2017-0230678 ("Operating Covenants"). The Operating covenants were recorded in accordance with that certain Sales Tax Sharing Agreement between the Parties dated September 12, 2012 ("Agreement"). All terms used in this First Amendment shall have the meaning ascribed in the Operating Covenants or if not defined therein, then in the Agreement, as amended, unless specifically defined herein. B. The Parties subsequently entered into that First Amendment to the Sales Tax Sharing Agreement dated June 14, 2017, which amends the Agreement to provide for the addition of the Mazda Improvements on the Property, to increase Owner's maximum aggregate share of the Sales Tax Sharing, and to extend the term over which the Sales Tax Sharing is payable. C. This First Amendment amends the Operating Covenants as intended to reflect the addition of the Mazda Improvements, the increase in Owner's maximum aggregate share of the Sales Tax Sharing, and to extend the term for which the Operating Covenants shall remain legally binding. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment, which modifies and amends the Operating Covenants as follows: 1. AMENDMENT. The Operating Covenants are hereby modified and amended as follows: 1.1 Section 4. Section 4 of the Operating Covenants is hereby amended to reflect that the term "Work of Improvement" now includes the "Mazda Improvements," as defined in the First Amendment to the Agreement. Section 4 of the Operating Covenants is also amended to provide that the Owner shall cause the Property to be used as an automobile dealership for the sale of new vehicles manufactured by Lincoln, Ford, and Mazda, together with incidental used car sales and related service and repair work (together "Intended Use"). RIV#4812-1708-6026 vl DRAFT 6/2/17 -2- 1.2 Sections 4 & 9. Sections 4 and 9 of the Operating Covenants are hereby amended to provide that the covenant made by Owner in the Operating Covenants, devoting use of the Property to the Intended Use for ten (10) years following the issuance by the City of a Certificate of Occupancy, or similar document with respect to the Work of Improvements, shall be extended to run for ten (10) years from and after the issuance by the City of a Certificate of Occupancy or similar document with respect to the Mazda Improvements. 2. GENERAL PROVISIONS. 2.1 Covenants Run with the Land. These covenants shall run with the land legally described in Exhibit "A," attached hereto and incorporated herein by reference (the "Property"), and shall constitute equitable servitude thereon, and shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City. 2.2 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Operating Covenants remain in full force and effect and binding upon the Parties. 2.3 Integration. This First Amendment consists of pages 1 through 4 inclusive, which constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment. 2.4 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Owner. 2.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.6 References. All references to the Operating Covenants and the Agreement include all their respective terms and provisions. RN#4812-1708-6026 v1 DRAFT 6/2/17 -3- IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Operating Covenants on the date and year first written above. OWNER: Palm Springs Motors, Inc. B • - _ , Y ame:_Paul Thiel Title: President NOTE: OWNER'S SIGNATURE SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RN#4812-1708-6026 v1 DRAFT 6/2/17 -4- IN A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On June L , 20 \--1 before me, ,11t_MocAaS f (loke►cL) Date Name And Title Of Officer(e.g.'Jane Doe,Notary Public') personally appeared rPL.& _ a N1E.L Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorr(s), whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het/their authorized capacityties), and that by his/het/Sisk signature(s) on the instrument the „.,,,,,,,,,,,, ,,,,,,,,,,,,,,,, ,,,,,,- person, or the entity upon behalf of which the persona. SHELLY L. MAGAS acted, executed the instrument. i f Comm. #2037607 ( , Notary Pubjcalifornia 6t.4>� Riverside County. `� I certify under PENALTY OF PERJURY under the laws of Z Pr My Commission Expires F. �4iF N` Se tember 4,2017 the State of California that the foregoing paragraph is true ,, ...,...P...... and correct. WITNESS my hand and official seal. 14t5r4/9, s • ` Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above RIV#4812-1708-6026 vl EXHIBIT "A" Legal Description Those portions of the North half of the Southwest quarter of Section 34, Township 4 South, Range 5 East, San Bernardino Meridian, in the City of Cathedral City, County of Riverside, State of California, described as follows: Parcel A: Those portions of Parcel 1 and Parcel 2 of Parcel Map No. 15375, recorded in Book 82, at Pages 13 to 15, inclusive, of Parcel Maps, Records of Riverside County, described as "Parcel 2" in the Certificate of Compliance for Lot Line Adjustment No. 5-155, recorded on April 14, 1990, as Instrument No. 136398, in Official Records of Riverside County, California. (APN 674-500-032) Parcel B: Parcel 2 of Amended Parcel Map No. 15274, recorded in Book 81, at Pages 41 through 43, inclusive, of Parcel Maps, Records of Riverside County. (APN 674-500-013) Parcel C: Parcel 4 of Parcel Map No. 15375, recorded in Book 82, at Pages 13 to 15, inclusive, of Parcel Maps, Records of Riverside County; Excepting therefrom all that portion thereof lying Southwesterly of the Northwesterly line of State Highway 111, as shown on said Parcel Map No. 15275. (APN 674-500-012) RN#4812-1708-6026 vl