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09_0286043RECORDING REQUESTED BY Stewart Title WHEN RECORDED RETURN TO: Attm James Thompson City Clerk CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs. CA 92262 Exempt from recording charges under Government Code § 6103 12.48610 DOC N 2009- 0286043 06/05/2009 Customer Copy Label The paper to which this label is affixed has not been compared with the recorded document Larry W Ward County o Riverside Rssessor, County Clerk 4 Recorder (Space above this is use) PROJECT: 1/10 — Indian Avenue Interchange PARCELS: C1 -17 and CI -18 k�l APN(s): 669 - 060 -004, 669 -060 -005, 669 - 050 -018 and 666 -330 -008 TEMPORARY CONSTRUCTION EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROBERT W. MINER JR., SUCCESSOR TRUSTEE OF THE ROBERT WILSON MINER TRUST DATED APRIL 13, 1998 ( "Grantor" herein), Hereby GRANTS AND CONVEYS to the CITY OF PALM SPRINGS, a municipal corporation ( "Grantee" herein), and its successors and assigns, A non- exclusive, limited, and conditional right to temporarily use a portion of Grantor's land in the City of Palm Springs, County of Riverside, State of California, described as Assessor's Parcel Numbers 669 - 060 -004, 669 -060 -005, 669 - 060 -018, and 666 - 330 -008, depicted on the plat map referenced as Parcels CI -17 and CI -18 attached hereto, and made a part hereof, and as described in Section 2 hereinbelow, is hereby granted City for all purposes necessary to facilitate and accomplish the construction and installation of the Indian Avenue and 1 -10 interchange ( "Project "), including but not limited to ingress and egress, and staging of construction equipment (collectively, "Temporary Construction Easement "). Sub; e�ct t_o Other terms of Temporary Construction Easement Deed and incorporating by this reference the terms of the Right of Entry and Temporary Construction Easement Agreement executed by the Parties on even date herewith (hereinafter, the "Deed "): 1. The Temporary Construction Easement, used during construction of the project consists of approximately six thousand six hundred twenty two (6,622) square feet referenced as Parcels CI -17 and CI -18 and described on Exhibits "A" and "B" attached hereto and made a part hereof. 2. A thirty (30) day written notice shall be given to Grantor prior to using the rights herein granted and the date of said written notice shall be deemed the commencement date ( "Commencement Date "). The rights herein granted may be exercised for twenty four (24) months from the thirty (30) day written notice, or until completion of said Project, whichever shall PROJECT: 1110 — Indian Avenue Interchange PARCELS: CI -17 and CI -18 APN(s): 669 -060 -004, 669 -060 -005, 669 -060 -018 and 666 -330 -008 be sooner. Upon expiration of the Temporary Construction Easement as set forth herein, City shall execute a Quit Claim Deed in favor of the Grantor, or its successors and/or assigns and shall cause same to be recorded in the Office of the County Recorder. County of Riverside, California. 3. It is understood that the City may enter upon Grantor's property where appropriate or designated for the sole purpose of getting equipment to and from the easement area ( "Right of Entry"). City agrees not to damage Grantor's property in the process of performing such activities. The Right of Entry includes the right to remove and dispose of real and personal property located on Grantor's land that may impede the progress of the Project or the use of the Temporary Construction Easement, after first obtaining the prior written permission for removal from Grantor. 4. Reasonable access to Grantor's property across the Temporary Construction Easement shall be maintained by the City at all times during the term of this Easement. 5. At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded and left in a neat condition, as close to the condition of Grantor's land that existed as of the time 'of the execution. The City will not commit or permit the commission by others of any waste within the Temporary Construction Easement area, and the City will not maintain, commit, or permit the maintenance or commission of any nuisance as defined by California Civil Code § 3479, within said area. 6. City hereby agrees to indemnify and hold harmless the Grantor, its successors and assigns, from any loss damage, and/or liability either resulting from and/or arising out of the City's, City's employees, agents and /or contractors possession, use, and /or activities performed in or about the Temporary Construction Easement area and /or the Right of Entry. 7. City shall indemnify, defend, protect, and hold harmless, the Grantor and its successors and assigns, from any and all claims, demands, judgments, penalties, fines, costs, liabilities, damages, losses, or expenses including, without limitation, site repair, restoration and/or remediation costs following or as a part of environmental response actions, any request by any governmental agency to remediate contamination of any portion of the Temporary Construction Easement area, the soil, and /or ground water or other property, damages for the loss or restriction on the use of the Temporary Construction Easement area, settlement of claims, attorneys' fees, consultant fees, expert fees, which arise either during or after the expiration of the Temporary Construction Easement from or in connection with an actual deposit, release, or discharge by the City, its agents, employees, contractors, or invitees, of any chemicals or hydrocarbons in or about the Temporary Construction Easement area and/or the City's removal and disposition of any property from the Temporary Construction Easement area. 8. At all times during the term of the Agreement the City will keep and maintain at its own expense, adequate commercial general public liability and property damage insurance coverage, naming the Grantor as an "additional insured" with public liability limits not less than Five Million Dollars ($5,000,000). The City will maintain Workers Compensation insurance and Employer's Liability Insurance for itself and its employees, and will require coverage for its agents, contractors and invitees who may enter upon, possess and/or use any portion of the Temporary Construction Easement area where said entrance, possession and/or use is at the specific direction of the City. PROJECT: 1110 — Indian Avenue Interchange PARCELS: CI -17 and CI -18 APN(s): 669- 060 -004, 669 -060 -005, 669 -060 -018 and 666- 330 -008 9. Grantor hereby warrants that they are the owners of the property described above and that they have the right to grant City permission to enter upon and use the land. 10. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be giver} or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to Grantor Robert W. Miner, Jr 611 South Palm Canyon Drive Suite #7-456 Palm Springs, CA 92264 -7456 Phone Number: (907) 301 -0110 If to City COUNTY OF RIVERSIDE Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507 Attention: James R. Force Supervising Real Property Agent Phone Number: (951) 955 -4822 Fax: (951) 955 -4837 E -mail address: JRForce @rc- facilities.org With a Copy To : CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Attention: Marcus Fuller Assistant Director Phone Number: (760) 323 -8253 Fax: (760) 322 -8325 E -mail address: Marcus .Fuller @paimsprings- ca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty eight (48) hours after deposit in a United States mail depository. 11. Each Grantor and City affixing his or her signature to this Temporary Construction Easement Deed warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Deed and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. PROJECT: 1110 — Indian Avenue Interchange PARCELS: CI -17 and CI -18 APN(s): 669 -060 -004, 669- 060 -005, 669 - 060 -018 and 666 -330 -008 12. This Temporary Construction Easement Deed together with the Right of Entry and Temporary Construction Easement Agreement entered into between the parties dated AA�4 G Lr__ z '�'i , contain the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and City. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modified this Deed, signed by all of the parties hereto. No provision contained shall be construed against the City solely because it prepared this Deed in its executed form. 13. This Deed and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, City, and their respective heirs, executors, administrators, personal representatives, successors and assigns, and all the parties thereto shall be jointly and severally liable thereunder. 14. If any term, covenant, condition or provision of this Deed is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition or provision contained in the Deed. 15. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 16. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Deed, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. 17. City and Grantor agree as follows: Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Temporary Construction Easement area to or for the general public whatsoever, it being the intention of the Grantor that this Right of Entry and Temporary Construction Easement shall be strictly limited to and for the purposes herein expressed. The City agrees that the Temporary Construction Easement granted herein shall not run with the land, and shall not inure to the benefit of all persons who may have the temporary right to use the Temporary Construction Easement. Rather, the easement granted herein is strictly limited to the purposes identified herein, and automatically terminates upon the expiration date as identified in Section 3 of this Agreement. PROJECT: 1110 - Indian Avenue Interchange PARCELS: CI -17 and CI -18 V APN(s): 669- 060 -004, 669 -060 -005, 669 -05 0 -018 and 666 -330 -008 Dated: j GRANTOR: Robert Wilson Mine; Trust Dated April 13,1998 B Y: � �'� - t/ +� / Rob rt W. Miner Jr, Succe4sw Trustee CITY: CITY OF PALM SPRINGS, a municipal corporation By: t> ?,!' APPRCEB BY CITY COUNCIL David H. Ready, City M W , ���o� ATTEST: By: ames Thompson, City Clerk APPROVED AS TO FORM: WOOUMUFF, SPRADLIN & ougl . Ho and sq., City Attorney ACKNOWLEDGEMENT STATE OF CALIFORNIA } 55. COUNTY OF rf -t- ) On I� �,�, i << before me, 1 „tib Notary Public, personally appeared ,p -� , (y\ t rt e ; , -i : S L�_ce� 5 5 cn Try 5 who proved to me on the basis of satisfactory evidence to be the person(.s} whose name( -) islapasubscribed to the within instrument and acknowledged to me that he /& executed the same in his! 44 ' authorized capacity(+es), and that by hisilzi�it signature(s.) on the instrument the person(4), or the entity upon behalf of which the person(-e>3 acted, executed the instrument. 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 r My Commission Expires: , This area for official notarial seal O )MB Comt�ssian * 170553 a "Ur, Pub4ic - Riverside coanri MY comm. Expires Dec 17.201 S ASSESSOR'S PARCEL NO. 666 - 330 -OOS PARCEL CI -17 Exhibit "A" A temporary easement for construction purposes in and to that portion of the Southeast quarter of Section 16, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: COMMENCING at the Southwest corner of Parcel 5 of Parcel Map 21921 in the City of Paim Springs, County of Riverside, State of California, as shown by map on fie in Book 162 Pages 18 -23 inclusive of Parcel Maps, in the Office of the County Recorder of said County; thence along the Southwesterly fine of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) S.76 "E., 27.756 meters; thence leaving said Southwesterly line and said Northeasterly Right -of -Way line S.13 0 50'52"W., 18.745 meters to a point on the Southwesterly Right-of-Way line of Garnet Avenue (5.334 meters Southwesterly, as measured at right angles from centerline); thence along said Southwesterly Right- of-Way line N.76 138.280 meters; thence leaving said Southwesterly Right-of- Way fine SA 3 4.707 meters to the TRUE POINT OF BEGINNING; thence (1) S.13 °50'52 °W., 8.000 meters; thence (2) N.31 °09'08"W., 11.316 meters; thence (3) S.76 0 08'20 "E., 8.002 meters to the TRUE POINT OF BEGINNING. The above - described easement is temporary and shall expire on the lasts day of the 24th month following the giving of notice or at completion of construction, whichever occurs first. Page 1 of 2 It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used i in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711 200. Area = 32.008 sq. meters, 0.0032 hectares 110,1,.,�A Ll • 02.05 Michael A. Havener, PLS 7364 Date Exp. 12 -31 -09 i O e ' ll / .r � Gi p Fp.121 Vo 9 � 1 N 1+ Na. M% Page 2 of 2 EXHIBIT "B" (CS MAP 204 -483) P-A J - dJ 12 r� ri J J r j\jl 1 S-2,- } LL r " A F,1 E �j L� r) r Jr 1/ 4 JE� r', -� T J :J S , JA S J J � J :J JSJJ 666 - 330 --008 r J r' J _ J E ` J rr' J 2 2 ^ 1 669- MO - ; � 0 ' 0 2 � � ` r te - + - T � r 7 J :� S 3 J �J J �JJJ n LEGEND TEMPORARY CONSTRUCTION EASEMENT AREA AREA = 32.0 SQ. METERS (0.0032 HECTARES) P.O.C. POINT OF COMMENCEMENT T.P.0.8. TRUE POINT OF BEGINNING R/W RIGHT --OF -WAY CI CITY OF PALM SPRINGS PARCEL NO. F t") ('a !'r �1J J SHEET 2 SAND , , EXP. 31 DEC 09 t �� 73b \ � - CAO DISTANCES ARE IN METERS UNLESS CITY OF PAW SPRINGS PAR. NO. : CI -17 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA /MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-- 10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE SHEET 1 OF 2 SHEETS r A r) r= � J PP r r - } s, J _ (— '/W PER pM X62118_ E P.O.C. SOT 23 S.W. COR. CI -17 LOT ow P P A, P 6 f g PAR. 5 162/18_23 G 1621 z3 ` p PE R A1 _ �-L1 ► Y�� 5 7g�. �T.P.O.B. N 76-78'20• W Vr, l I � — 277 j 6 2 m E Gry za _ cv J ]! �� J r �✓� FR $ (60 F �� r� /l � �` REC U�212g. A �`5 � 7 J t r ,� 138. 6, 1957 0 9 ^ I 2 80 0• . s c ] 668- 060 -004 1/% Ems , 2 E3, ]VI, o ;n TABULATED LINE DATA LINE BEARING LENGTH L1 S 13'50'52 W 4.707 m L2 S 13'50'52" W 8.000 m L3 N 31'0908` W 11.316 m L4 S 76'08'20" E I $.DD2 m DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO' : CI -17 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GRDUND PREPARES) BY: KA /MH LEVEL DISTANCES. TO CONVERT METERS PROJECT. 1- 10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:3 -27 -09 SHEET 2 OF 2 SHEETS ASSESSOR'S PARCEL NO. 669- 060 -004, 669- 060 -005, Exhibit "A" & 669 -060 -018 PARCEL CI -18 A temporary easement for construction purposes in and to that portion of the North Half of the Northeast Quarter of Section 22, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: COMMENCING at the Southwest comer of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18 -23 inclusive of Parcel Maps, in the Office of the County Recorder of said County; thence along the Southwesterly line of said Parcel and the Northeasterly Right -of -Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) S.76 0 08'20 "E., 27.756 meters; thence leaving said Southwesterly line and said Northeasterly Right -of -Way line S.13°50'52"W., 26.529 meters to the TRUE POINT OF BEGINNING; thence (1) S.74 °22'01 "E.,14.214 meters; thence (2) N.13 2.521 meters; thence (3) S.74 °22'01 "E., 1 59.488 meters; thence (4) S.76 0 09'08 "E., 75.481 meters to a point in the Easterly line of lot "B" of Lot Line Adjustment number LLA -98 -01 recorded June 22, 1998 as Instrument No. 98- 254046, Records of said County; thence (5) along said Easterly line S.13°51'40"W., 5.120 meters; thence (6) leaving said Easterly line N.76 11 09'08 ", 4.444 meters; thence (7) N.13 °50'52 "E., 3.600 meters; thence (8) N.76 °08'45"W., 118.977 meters; thence (9) N.74 °22'01"VV., 123.178 meters; thence (10) Page 1 of 2 S.60 0 27'25 "IN., 3.521 meters; thence (11) N.13 °50'52 "E., 2.979 meters to the TRUE POINT OF BEGINNING. The above - described easement is temporary and shall expire on the last day of the 24th month following the giving of notice or at completion of construction, whichever occurs first. It is understood that upon said termination date the City of Palm Springs have no further obligation or liability in connection with said easement. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 393711200. Area = 583.251 sq. meters, 0.0583 hectares Michael A. Havener, PLS 7354 Date Exp. 12 -31 -09 LAND S� Wa.7354 � Page 2 of 2 EXHIBIT "B" IN - r , -P , A7 r - 1 0 (CS MAP 204 -483) PAR. 12 A ,�o QQ � PAR. 9 P.M, 162/ 18 -23 Q ' P.M. 82/18- 23 q J� PAR. 8 PAR. 6 GA E J � r rf RN AV M J j 666-330-008 D08 J 22 669 - 060 -004 vim LEGEND TEMPORARY CONSTRUCTION EASEMENT AREA AREA = 583.2 SQ. METERS (0.05B3 HECTARES) P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING CI CITY OF PALM SPRINGS PARCEL NO. R/W RMT -OF -WAY DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : Cl-18 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY: KA /MH BY 1.00002594 TO OBTAIN GROUND LEVEL DISTANCES. TO CONVERT METERS PROJECT. 1- 10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:3 -27 -09 SHEET 1 OF 3 PAR. 4 AR. 5 P.M. 162/ 18-- 23 1 PAR. 3 PAR. PAR. 13 pAR. 1 'LOT "B" 1= LOT " A ' LLA 98-01 INST. NO. 254046 O.R. REC. JUNE 22, 1998 'SHEET 3 LAND A A EXP. 31 DEC 09 OF CALl P.Q.C. S.W. COR. p IV 1 rs 2 � 1 �' - 2,3" S 7 8' PAR. 5 JU,_, J 27 756 2rn E r r�ri, J �17 n � 1 E PA: 4 e L LOT f +� "M 762 23 + E — I PER L 36- 330 -008 I ►� G/4�A! 62118 - 23 SEC 15 T.P.C. _ r / e _ ` SEC. 22 l V ENUE . 78 -28a N DER &K. 21 &Q) 61W 74.01 n u 1 S 7 2'p • y'4RlE EC AUO S 91 50 Q SEE [DETAIL A E S 1 ,23.7 7a 669 -060 -004 m 1$9. m ! J J JJ �DJB_lmi �1 Er Lu ul NOT TO SCALE �CIV Z DISTANCES ARE IN METERS UNLESS I�TY PAUrrI SPRINGS PAR. N0. : CI -18 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I- 10ANDIAN AVENUE INTERCHANGE SCAM: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE 3 -27 -09 SHEET 2 OF 3 SHEETS 118 N 7g�8 4$ w 669 - 060 -018 L O T '"S W r E CJ JUN 222 - 19 - 08 uj J ��✓ J J NDJ 254046 V3�J 11 r rl rl, 4 F, SEC. 15 SEC. 22 c or . " Pk 62118- COT Pk PER o 162 -23 � , z GAIN s — � S 7� x'0 00 �, VE� - 1$ 488 m r Y "� 16 288 — P 1C. /W R C Au02129 p $ G, IV 74' � n 76 •45" W �� S 76ti , s 1957 0. R W 51 W a8" N 13 0�" = CI -18 118-977 m .481 m 10 617 , 669 -060 -018 W 669 -060 -005 cn Y is3 IcIv d 3 _N 4 An 2 A fr ►"� 07 2 1 J7 "A ✓ J DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. N0.: CI -16 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED B Y: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-- 10ANDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200 DATE: -27 - SHEET 3 OF 3 SHEETS P A L Ivy s, CI ' t3T of Palm Spril r Office of the City Clerk k FOanzEV i'0( E T111Cjlllr7 C.d11 `N!1V ' P.I[ 1 Srrin-".,, (-.L'[tnrmo C 4(r�� R rl� P Tcl 1300) 1+ - F.Ex 1701 ti;�_ • 1&ei- u����.��allltirnn s .._. c.i CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by TEMPORARY CONSTRUCTION EASEMENT DEED Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 669- 060 -004.669- 060 -005, 669 - 060 -078, and 666 - 330 -008 dated: April 6, 2009, from, Robert W. Miner Jr. Successor Trustee of the Robert Wilson Miner Trust dated April 13, 7995 Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 4 day of March, 2009, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, Califomia, this 22 day of April, 2009. AMES THOMPSON City Clerk Post Office Box 2743 1 Palm Springs, California 9