HomeMy WebLinkAboutC39450 - Exchange of Real Property - Marrakesh CCMEETING DATE
PREPARED BY
REQUEST:
Recommendation
CONTRACT NO. C 39450
STAFF REPORT H
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
October 10, 2019
Ryan Gayler, Project Administrator
Authorize the City Manager to Execute the Agreement for Exchange
of Real Property with Marrakesh Country Club
By Minute Motion:
Approve the Agreement for Exchange of Real Property with
Marrakesh Country Club; and
2. Authorize the City Manager to execute the Agreement.
Strategic Plan
The undergrounding of utilities is not addressed in the Strategic Plan. However, in the
General Plan, the Council has established a goal that residents should be encouraged to
form assessment districts to finance the undergrounding of overhead utilities. Another
goal in the General Plan is that view corridors should be maintained.
Background Analvsis
In 2014 residents petitioned to form the Tamarisk Utility Undergrounding Assessment
District. Over the next two years, Southern California Edison produced a design for the
undergrounding project which included the routing of the electrical mainline within Amir
Drive in Marrakesh Country Club (Marrakesh). In order to install the utility lines in Amir
Drive, which is a private road, Marrakesh must grant an easement to the utility companies.
In July 2017, the City Council authorized staff to negotiate with Marrakesh for the
acquisition of the easements. Marrakesh offered to grant the easements in exchange for
the city -owned parcel of land south of the country club on Portola Avenue. The issue was
discussed between the Community Development department and the Public Works
department and it was determined that there are currently no future plans for that parcel.
The land is not utilized with the exception of the city crews or contractors on city projects
using the land as a storage area.
The agreement is conditional upon the successful formation of the Tamarisk Utility
Undergrounding Assessment District. The assessment district will be successfully formed
if greater than 50% of the weighted value of the votes received from the property owners
within the district boundaries are in favor of forming the district. If the district is unable to
October 10, 2019 - Staff Report CONTRACT NO. C39450
Approve Easement Agreement with Marrakesh Country Club
Page 2 of 2
form for any reason, the land will remain the city's property. If the district is successful,
the agreement specifies the following obligations, to the benefit of Marrakesh, when the
utilities are relocated under the street surface. The trench for the undergrounding would
be repaired by repaving the entire width of the street for the full length of the trench, a
minimum of one and one half inches (1.5") with asphalt containing aramid fibers (Amir
Drive was recently paved with asphalt containing aramid fibers). The work would also be
scheduled between May 1 and October 30.
Entering into this agreement will enable the city to begin the task of securing the remaining
fifteen easements required to construct the utility undergrounding project. These
easements are to be obtained from property owners within the proposed district
boundaries, and the process of obtaining these easements will likely occur over a period
of eighteen months, or more. Upon completion of obtaining all the easements, the project
cost per parcel will be established and a vote will be taken for approval of the district
formation.
The Planning Commission approved parcel map waiver 19-003 on September 17, 2019
by a vote of 4-0 with Commissioner Greenwood absent.
Fiscal Analvsis
There is no fiscal impact associated with this action. However, at the time the assessment
district is formed, the cost of the trench repair in Amir Drive would be included in the levy
assigned to the members of the assessment district. The value of the parcel of land would
be considered as a part of the City's contribution to the assessment district.
LEGAL REVIEW
Approved as to Form
W. rgreaves
City A torney
DEPT. REVIEW
FINANCIAL
REVIEW /,
Tom Garcia, P.E.
Moore
r'Diiii
Director of Public Works
a for of Finance
Lauri Aylaian, City Manaqer
ACM REVIEW
I ,
Andy Firest�
Asst. City a a er
J
ATTACHMENTS: 1) Agreement for Exchange of Real Property
C-): CONTRACT NO. C39450
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY AND JOINT
ESCROW INSTRUCTIONS ("Agreement") is made this day of , 2019
("Effective Date") by and between the CITY OF PALM DESERT, a California municipal
corporation ("City") and the MARRAKESH COUNTRY CLUB, a California corporation
("Marrakesh"). City and Marrakesh are sometimes referred to herein individually as a "Party"
and collectively as the "Parties."
RECITALS
A. City is the owner of certain real property consisting of approximately 1.23 acres,
commonly referred to as APN 630-200-019 located on Portola Avenue, south of the Marrakesh
Country Club, Palm Desert, Riverside County, California ("City Property"). The City Property
is more particularly described in Exhibit A attached hereto and incorporated herein by this
reference.
B. Marrakesh is the owner of certain real property consisting of a road commonly
known as Amir Drive, located in Palm Desert, Riverside County, California ("Marrakesh
Property").
C. In exchange for the City Property, Marrakesh agrees to grant certain easements
for the benefit of Southern California Edison Company and the City for the benefit of providers
of communications within the City upon, under and across the Marrakesh Property for the
purpose of installing, operating and maintaining underground utility easements ("Easements"),
as more particularly described in Exhibits C-1 and C-2 attached hereto and incorporated herein
by this reference. Marrakesh desires to acquire the City Property in exchange for the Easements.
TERMS
NOW, THEREFORE, based upon the foregoing facts, in consideration of the mutual
covenants and agreements contained in this Agreement, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
1. PROPERTY
1.1 Exchange. In consideration of the mutual obligations of the Parties set forth in
this Agreement, the City agrees to transfer the City Property to Marrakesh, and Marrakesh agrees
to transfer the Easements, on the terms and conditions set forth in this Agreement.
1.2Purchase Price. City and Marrakesh hereby acknowledge and agree that the
value and benefit of the Easements to the City and the value of the City Property are sufficiently
similar such that no additional consideration, compensation, or payment of any kind is required
of either Party to the other Party for the transaction described herein, with the granting of the
Easements, and Marrakesh's receipt of title to the City Property, consisting of good and valuable
consideration for this Agreement.
2. INSPECTION PERIOD
2.1Rieht to Inspect. City and Marrakesh agree that City has the right to inspect
the Marrakesh Property, and Marrakesh has the right to inspect the City Property, in accordance
with this Section 2.1. The right of inspection shall commence upon the Effective Date and
extend for forty-five (45) days thereafter ("Inspection Period"). City may elect not to proceed
with this Agreement for any reason or for no reason during the Inspection Period by providing
Marrakesh with written notice of its intention not to proceed prior to the end of the Inspection
Period. Marrakesh may elect not to acquire the City Property for any reason or for no reason
during the Inspection Period by providing City with written notice of its intention not to acquire
the City Property prior to the end of the Inspection Period. If either Party makes such an
election, this Agreement will terminate and the Parties shall have no further obligation except for
any specific obligations that expressly survive.
2.20tv's RiRht to Inspect. City, its employees, agents and designees, shall have
the right of ingress and egress over and through the Marrakesh Property during the Inspection
Period during normal business hours to perform any work deemed necessary by City to evaluate
the Marrakesh Property. City shall make no borings or conduct a Phase II environmental report
without Marrakesh's prior written approval.
City shall indemnify and hold Marrakesh harmless from any liability arising out of the
entry of City or its employees, agents or designees on the Marrakesh Property prior to Close of
Escrow. City agrees to indemnify Marrakesh against, and to hold and save Marrakesh harmless
from, all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and
expenses, including but not limited to attorneys' fees and court costs, as a result of the City's
inspections; provided, however, that City will not be obligated to indemnify Marrakesh with
respect to Marrakesh's own negligence. The foregoing indemnity shall survive termination of
this Agreement and Close of Escrow. City shall not suffer or permit any mechanic's or
materialmen's or other lien to stand against the Marrakesh Property in connection with any labor,
materials or services furnished or claimed to have been furnished by or on behalf of City in
connection with or as a result of any inspections. If any such lien shall be filed against the
Marrakesh Property, City shall cause such lien to be discharged or bonded within thirty (30) days
after such filing. Following any inspections, City shall restore the Marrakesh Property to
substantially its physical condition as existed prior to such inspection (except for any changes to
the Marrakesh Property caused by Marrakesh, or its agents or employees).
2.3 Marrakesh's Rieht to Inspect. Marrakesh, its employees, agents and
designees, shall have the right of ingress and egress over and through the City Property during
the Inspection Period during normal business hours to perform any work deemed necessary by
Marrakesh to evaluate the City Property. Marrakesh shall make no borings or conduct a Phase II
environmental report without City's prior written approval.
Marrakesh shall indemnify and hold City harmless from any liability arising out of the
entry of Marrakesh or its employees, agents or designees on the City Property prior to Close of
Escrow. Marrakesh agrees to indemnify City against, and to hold and save City harmless from,
all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and expenses,
including but not limited to attorneys' fees and court costs, as a result of Marrakesh's
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inspections; provided, however, that Marrakesh will not be obligated to indemnify City with
respect to City's own negligence. The foregoing indemnity shall survive termination of this
Agreement and Close of Escrow. Marrakesh shall not suffer or permit any mechanic's or
materialmen's or other lien to stand against the City Property in connection with any labor,
materials or services furnished or claimed to have been furnished by or on behalf of Marrakesh
in connection with or as a result of any inspections. If any such lien shall be fled against the
City Property, Marrakesh shall cause such lien to be discharged or bonded within thirty (30) days
after such filing. Following any inspections, Marrakesh shall restore the City Property to
substantially its physical condition as existed prior to such inspection (except for any changes to
the City Property caused by City, or its agents or employees).
3. TITLE
3.1Title Commitment. Each Party shall have the right to obtain a title insurance
commitment ("Title Commitment") for the property being acquired, issued by a title insurance
to be selected by the City ("Title Company") in the amount of the appraised value of the
property as insurance against loss on account of any defect or encumbrance in the title, unless
herein excepted.
3.2Marrakesh Title Obiections and Permitted Exceptions. The City Property is
being transferred to Marrakesh and is to be conveyed subject to any specific matters set forth in
the Title Commitment unless objections of the same ("Marrakesh Title Objections") are
delivered to City within ten (10) days of Marrakesh's receipt of the Title Commitment.
Marrakesh shall specify such title objections in writing and Marrakesh's desired cure of each
such title objection. Marrakesh's failure to make such objections within said period shall
constitute a waiver by Marrakesh of any objections to the marketability of title. If Marrakesh
does timely provide written notice to City of objections to title as disclosed by the Title Report,
City shall have thirty (30) days to either cure the Marrakesh Title Objections or notify Marrakesh
in writing which Marrakesh Title Objections it will not cure. Any matters reflected in the Title
Commitment and Survey that are not timely objected to shall be deemed "Permitted Exceptions."
Should City notify Marrakesh that it will not cure any timely made Marrakesh Title Objections
or should City fail to timely cure any timely made Marrakesh Title Objections, Marrakesh shall
have the right to (i) accept said uncured Marrakesh Title Objections and close on the City
Property, in which case said uncured Marrakesh Title Objections shall be deemed Permitted
Exceptions, or (ii) terminate this Agreement upon written notice to City prior to the expiration of
the Inspection Period.
3.3City Title Obiections and Permitted Exceptions. The Easements are being
transferred to Southern California Edison Company and the City and are to be conveyed subject
to any specific matters set forth in the Title Commitment unless objections of the same ("City
Title Objections") are delivered to Marrakesh within ten (10) days of City's receipt of the Title
Commitment. City shall specify such title objections in writing and City's desired cure of each
such title objection. City's failure to make such objections within said period will constitute a
waiver by City of any objections to the marketability of title. If City does timely provide written
notice to Marrakesh of objections to title as disclosed by the Title Report, Marrakesh shall have
thirty (30) days to either cure the City Title Objections or notify City in writing which City Title
Objections it will not cure. Any matters reflected in the Title Commitment and Survey that are
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not timely objected to shall be deemed "Permitted Exceptions." Should Marrakesh notify City
that it will not cure any timely made City Title Objections or should Marrakesh fail to timely
cure any timely made City Title Objections, City shall have the right to (i) accept said uncured
City Title Objections and accept the Easements from Marrakesh, in which case said uncured City
Title Objections shall be deemed Permitted Exceptions, or (ii) terminate this Agreement upon
written notice to Marrakesh prior to the expiration of the Inspection Period.
4. ESCROW.
4.10peninl3 of Escrow. At the request of the City at any time following the
Effective Date of this Agreement, but not later than ten (10) days following the formation of the
Underground Assessment District referred to in Section 5.5 hereof, City and Marrakesh shall
open an escrow ("Escrow") with an escrow company to be selected by City ("Escrow Holder"),
for the purpose of consummating the transaction contemplated by this Agreement. For purposes
of this Agreement, the Escrow shall be deemed open on the date Escrow Holder shall have
received a copy of this Agreement, showing it to be fully executed by City and Marrakesh
("Opening Date"). Escrow Holder shall notify City and Marrakesh, in writing, of the Opening
Date.
4.2Escrow Instructions. This Agreement constitutes the joint basic escrow
instructions of City and Marrakesh for the exchange of the City Property and Easements. City
and Marrakesh shall execute, deliver and be bound by any reasonable or customary supplemental
or additional escrow instructions ("Additional Instructions") of Escrow Holder or other
instruments as may be reasonably required by Escrow Holder in order to consummate the
transaction contemplated by this Agreement. Any such Additional Instructions shall not conflict
with, amend or supersede any portions of this Agreement unless expressly consented or agreed to
in writing by City and Marrakesh. In the event of any conflict or any inconsistency between this
Agreement and such Additional Instructions, this Agreement shall govern unless otherwise
expressly consented or agreed to in writing by the Parties.
4.3Close of Escrow. For purposes of this Agreement, "Close of Escrow" means
the recordation in Official Records of Riverside County, California of an Easement Agreement in
form reasonably acceptable to City and Escrow Holder conveying the Easements to Southern
California Edison Company and to the City ("Easement Agreement"), a Grant Deed in form
reasonably acceptable to Marrakesh and Escrow Holder conveying the City Property to
Marrakesh ("Grant Deed"), and the disbursement of funds and distribution of other documents
by Escrow Holder, all as described herein. The Close of Escrow shall occur within thirty (30)
days following the formation of the Underground Assessment District referred to in Section 5.5
hereof ("Closing Date"), provided that City and Marrakesh may, but shall not be obligated to,
close the Escrow upon such earlier date as the City and Marrakesh mutually agree to in writing.
City and Marrakesh may mutually agree to change the Closing Date by joint written notice to
Escrow Holder. Notwithstanding the foregoing, the Close of Escrow shall be conditioned upon
satisfaction, or waiver by the Party for whose benefit the condition exists, of all conditions
precedent thereto. In the event the Escrow is not in a condition to close by the Closing Date for
any reason other than the uncured breach of either City or Marrakesh, then the Closing Date shall
automatically be extended until such time as all of the conditions have been satisfied (or waived),
for a period of up to fifty (50) years.
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4ACosts of Escrow and Title Policv. Because of City's status as a government
agency, City shall not be responsible for any documentary transfer tax with respect to the
conveyance contemplated by this Agreement, pursuant to California Revenue and Taxation Code
Section 1192. Similarly, City shall not be responsible for any recording fees with respect to the
recording of the Grant Deed, pursuant to California Government Code Section 27383.
Marrakesh shall pay all the Escrow fees and costs attributable to exchange of the City Property
and Easements pursuant to this Agreement (collectively, "Closing Costs"). Each Party shall be
responsible for the costs associated with the Title Policy, if any, obtained for the property that
that Party will acquire. Escrow Holder shall provide an estimated closing costs statement to
Marrakesh and City at least three (3) days prior to the Closing Date ("Closing Costs
Statement").
4.513evosit of Funds and Documents.
4.5.1By City. No less than two (2) days prior to the Close of Escrow, City
shall deposit into Escrow: (i) a properly executed and acknowledged Grant Deed conveying the
City property to Marrakesh; and (ii) such other documents and sums, if any, required of City
under this Agreement and by Escrow Holder in the performance of its contractual or statutory
obligations.
4.5.213v Marrakesh. No less than two (2) days prior to the Close of
Escrow, Marrakesh shall deposit into Escrow: (i) a properly executed and acknowledged
Easement Agreement; (ii) the Closing Costs as stated in the Closing Costs Statement, (iii) a
certificate required under the Foreign Investment in Real Property Tax Act (Internal Revenue
Code Section 1445), also known as a "FIRPTA" certificate; (iv) appropriate Real Estate
Withholding Certificate required under California Revenue and Taxation Code Sections 18661 et
seq., also known as "California Form 593"; and (v) such other documents and sums, if any,
required of Marrakesh under this Agreement and by Escrow Holder in the performance of its
contractual or statutory obligations.
4.6Facsimile/Counterroart Documents. In the event City or Marrakesh utilizes
"facsimile" transmitted signed documents, the Parties hereby agree to accept and instruct Escrow
Holder to rely upon such documents as if they bore original signatures. City and Marrakesh
hereby acknowledge and agree to provide to Escrow Holder, within seventy-two (72) hours after
transmission, such documents bearing the original signatures. City and Marrakesh further
acknowledge and agree that facsimile documents bearing non -original signatures will not be
accepted for recording and that the Parties will provide originally executed documents to Escrow
Holder for such purpose. Escrow Holder is authorized to utilize documents which have been
signed by City and Marrakesh in counterparts.
4.7 Cancelation. If this Agreement is terminated pursuant to a contractual right
granted to a Party in this Agreement to terminate this Agreement (other than due to an default
under Section 7), the Parties and Escrow Holder shall do all of the following: (a) within three (3)
business days following Escrow Holder's written request, sign any reasonable Escrow
cancellation instructions requested by Escrow Holder; and (b) within ten (10) business days
following receipt by the Parties of a settlement statement of Escrow and title order cancellation
charges from Escrow Holder (if any) or within twenty (20) days following notice of termination,
72500 00000\31811894 7
whichever is earlier: (i) Marrakesh and Escrow Holder shall return to City all documents
previously delivered by City to Marrakesh or Escrow Holder regarding the Escrow; (ii) City and
Escrow Holder shall return to Marrakesh all documents previously delivered by Marrakesh to
City or Escrow Holder regarding the Escrow; (iii) Escrow Holder shall, except as otherwise
provided for in this Agreement, return to Marrakesh all funds deposited in Escrow, less
Marrakesh's share of customary and reasonable Escrow and title order cancellation charges (if
any) in accordance with Section 4.4; (iv) Escrow Holder shall, except as otherwise provided in
this Agreement, return to City all funds deposited in Escrow, less City's share of customary and
reasonable Escrow and title order cancellation charges (if any) in accordance with Section 4.4.
5. CONDITIONS PRECEDENT TO CLOSING
The following are conditions precedent to the Parties' obligation to transfer their
respective properties subject to this Agreement ("Conditions Precedent"). In the event any
Condition Precedent is not satisfied, either Party may, in its sole and absolute discretion,
terminate this Agreement.
5.1 The City's inspection, review and approval, within the Inspection Period,
of the physical characteristics and condition of the Easements, pursuant to the provisions of
Section 2 of this Agreement.
5.2 The Marrakesh's inspection, review and approval, within the Inspection
Period, of the physical characteristics and condition of the City Property, pursuant to the
provisions of Section 2 of this Agreement.
5.3 Title Company shall be unconditionally committed to issue the Title
Policy to each Party upon the Close of Escrow in the form and with such Permitted Exceptions
and endorsements as have been approved, or are deemed approved, by both Parties as provided
in Section 3 of this Agreement.
5.4 The Parties to this Agreement shall each have complied with each Party's
duties and obligations contained in this Agreement and all representations and warranties
contained in or made pursuant to this Agreement by either Party shall have been true and correct
when made and shall be true and correct as of the Closing Date.
5.5 The Tamarisk Neighborhood Association's approval of, and the City's
successful formation of, an Underground Assessment District.
6. REPRESENTATIONS AND WARRANTIES
6.1 City. City makes the following representations and warranties, all of which
are true as of the date of this Agreement's execution (unless otherwise specified) and shall also
be true as of the Closing Date:
6.1.1 Authority. City is the sole owner of fee simple title to the City
Property. City has the legal authority and capacity to enter into this Agreement and to transfer
the City Property. The execution and delivery of this Agreement and the performance by City of
its obligations under this Agreement have been duly authorized by all requisite action and no
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further action or approval is required to constitute this Agreement as a binding and enforceable
obligation of City. To the best of City's actual knowledge, the execution of this Agreement by
the City will not create a default of any kind for City, violate any restrictions which City is
subject to, or violate any applicable code, resolution, law, judgment, regulation, statute, decree or
rule.
6.1.2 No Action. No attachments, execution proceedings, assignments
for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are
pending against the City Property, nor are any such proceedings contemplated by City.
6.1.3 No Representations as to Citv Proverty. There are no
representations, agreements, arrangements, or circumstances, oral or written, between the Parties
relating to the subject matter contained in this Agreement that are not fully expressed in the
Agreement, and City has not made and does not make any representation or warranty concerning
any matter or thing affecting or relating to the City Property, including but not limited to its
fitness for a particular use, its physical condition or any other matter.
6.1.4 Sale "AS -IS". Subject to City's representations and warranties
contained herein, Marrakesh's election to purchase the City Property will be based upon and will
constitute evidence of Marrakesh's independent investigation of the City Property, its use,
development potential and suitability for Marrakesh's intended use, including (without
limitation) the following: the feasibility of developing the City Property for the purposes
intended by Marrakesh and the conditions of approval for any subdivision map; the size and
dimensions of the City Property; the availability, cost and adequacy of water, sewerage and any
utilities serving or required to serve the City Property; the presence and adequacy of current or
required infrastructure or other improvements on, near or affecting the City Property; any
surface, soil, subsoil, fill or other physical conditions of or affecting the City Property, such as
climate, geological, drainage, air, water or mineral conditions; the condition of title to the City
Property; the existence of governmental laws, statutes, rules, regulations, ordinances, limitations,
restrictions or requirements concerning the use, density, location or suitability of the City
Property for any existing or proposed development thereof including but not limited to zoning,
building, subdivision, environmental or other such regulations; the necessity or availability of
any general or specific plan amendments, rezoning, zoning variances, conditional use permits,
building permits, environmental impact reports, agricultural use or restrictions and public
reports, requirements of any improvement agreements; requirements of the California
Subdivision Map Act, and any other governmental permits, approvals or acts; the necessity or
existence of any dedications, taxes, fees, charges, costs or assessments which may be imposed in
connection with any governmental regulations or the obtaining of any required permits; the
presence of endangered plant or animal species upon the City Property; and all of the matters
concerning the condition, use, development or sale of the City Property.
6.2 Marrakesh. Marrakesh makes the following representations and
warranties, all of which are true as of the date of this Agreement's execution (unless otherwise
specified) and shall also be true as of the Closing Date:
6.2.1 Authority. Marrakesh is the sole owner of fee simple title to the
Marrakesh Property. Marrakesh is a corporation duly organized, validly existing, in good
standing under the laws of the State of California, and has the legal authority and capacity to
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enter into this Agreement and to transfer the Easements. The execution and delivery of this
Agreement and the performance by Marrakesh of its obligations under this Agreement have been
duly authorized by all requisite action and no further action or approval is required to constitute
this Agreement as a binding and enforceable obligation of Marrakesh. To the best of
Mar akesh's actual knowledge, the execution of this Agreement by Marrakesh will not create a
default of any kind for Marrakesh, violate any restrictions which Marrakesh is subject to, or
violate any applicable code, resolution, law, judgment, regulation, statute, decree or rule.
6.2.2 No Action. No attachments, execution proceedings, assignments for
the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings against the
Marrakesh Property, nor are any such proceedings contemplated by Marrakesh.
6.2.3 No Representations as to the Marrakesh Provertv. There are no
representations, agreements, arrangements, or circumstances, oral or written, between the Parties
relating to the subject matter contained in this Agreement that are not fully expressed in the
Agreement, and Marrakesh has not made and does not make any representation or warranty
concerning any matter or thing affecting or relating to the Marrakesh Property, including but not
limited to their fitness for a particular use, their physical condition or any other matter.
6.2.4 Convevance "AS -IS". Subject to Marrakesh's representations and
warranties contained herein, City's election to obtain the Easements will be based upon and will
constitute evidence of City's independent investigation of the Marrakesh Property, their use,
development potential and suitability for City's intended use, including (without limitation) the
following: the feasibility of developing the Marrakesh Property for the purposes intended by
City; the presence and adequacy of current or required infrastructure or other improvements on,
near or affecting the Marrakesh Property; any surface, soil, subsoil, fill or other physical
conditions of or affecting the Marrakesh Property, such as climate, geological, drainage, air,
water or mineral conditions; the existence of governmental laws, statutes, rules, regulations,
ordinances, limitations, restrictions or requirements concerning the use, density, location or
suitability of the Marrakesh Property for any existing or proposed development thereof including
but not limited to zoning, building, subdivision, environmental or other such regulations; the
necessity or availability of any general or specific plan amendments, rezoning, zoning variances,
conditional use permits, building permits, environmental impact reports, agricultural use or
restrictions and public reports, requirements of any improvement agreements; requirements of
the California Subdivision Map Act, and any other governmental permits, approvals or acts; the
necessity or existence of any dedications, taxes, fees, charges, costs or assessments which may
be imposed in connection with any governmental regulations or the obtaining of any required
permits; the presence of endangered plant or animal species upon the Marrakesh Property; and
all of the matters concerning the condition, use, development or sale of the Marrakesh Property.
7. DEFAULT
In the event any of the specific representations, warranties or covenants of either Party
contained in this Agreement proves to be untrue in any material respect, or if either Party refuses
or fails to perform its obligations at or prior to the Close of Escrow, the non -defaulting Party
shall (i) have the right to terminate this Agreement on three (3) business days of notice (unless
such default is cured within such period of time), and in the event of such termination no
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obligations arising from this Agreement shall survive the Agreement for either Party except as
expressly provided in this Agreement, or (ii) have all rights and remedies available at law, in
equity, or under this Agreement, including, without limitation, the right to specific performance.
8. CONDEMNATION AND DESTRUCTION
If, on or prior to the Closing Date, any portion of the City Property or Marrakesh
Property becomes the subject of any eminent domain proceeding by a governmental entity other
than one of the Parties, prior to Close of Escrow, including the filing of any notice of intended
condemnation or proceedings in the nature of eminent domain, a Party receiving notice of such
an action shall immediately give Notice to the other Party of such occurrence and this Agreement
shall terminate on the effective date of such Notice.
9. NOTICES
All notices, requests, consents and other communications hereunder shall be in writing
and shall be personally delivered, or delivered by overnight courier, or mailed by first class,
registered or certified mail, return receipt requested, postage prepaid, or delivered by facsimile
(provided that a notice delivered by facsimile shall immediately thereafter be delivered by one of
the other methods permitted in this Section 9), as follows:
To City: City of Palm Desert
Attn: Lauri Aylaian, City Manager
73 -5 10 Fred Waring Drive
Palm Desert, CA 92260
Phone: (760) 776-6488
Email: laylaian@cityofpalmdesert.org
With a copy to: Best Best & Krieger LLP
74760 Highway 111, Suite 200
Indian Wells, CA 92210
Attn: Robert Hargreaves
Phone: (760) 837-1604
Facsimile: (760) 340-6698
To Marrakesh: Marrakesh Country Club
Attn: Mark Goldman, General Manager
47000 Marrakesh Drive
Palm Desert, CA 92260
Phone: (760) 568-2688
Email: mark@marrakeshcountryclub.com
With a copy to: Green, Bryant & French, LLP
Attn: Bryan Gerstel
75100 Mediterranean Avenue
Palm Desert, CA 92211
Phone: (760) 346-9310
Facsimile: (760) 346-9031
Email: bryan@bgerstel.com
9
72500.00000\31811894.7
Any such notice, request, consent or other communications shall be deemed received at
such time as it is actually delivered, on the first business day following an overnight delivery, or
on the fifth business day after a mailing, as the case may be. Either Party to this Agreement may
change the address for receiving notices hereunder by notice sent in accordance with the terms of
this Section 9.
10. BROKER
The Parties warrant to each other that no broker is entitled to commission on the sale and
purchase of the City Property and Easements and that each Party will indemnify and hold the
other Party harmless of any demands, claims or other obligations asserted by any person for a
brokerage commission through such Party.
11. MISCELLANEOUS
11.1 Governine Law. This Agreement shall be governed by and interpreted by the
internal laws of California.
11.2Entire Agreement. This Agreement represents the entire agreement between
Marrakesh and City and supersedes any other agreements or understanding whether written or
verbal and may not be changed unless in writing and fully executed by both Marrakesh and City.
11.3Survival of Representations and Warranties. All representations and
warranties made in this Agreement shall survive closing and the delivery of the Deed and
Easement Agreement for one year.
H ATime of the Essence. Both Parties specifically agree that time is of the
essence to this Agreement with respect to the performance of the obligations of the Parties under
this Agreement.
11.5Assi2nment: Successors and Assigns. This Agreement may be assigned by
Marrakesh to a single asset entity formed and controlled by Marrakesh, without City's consent,
and shall be binding upon and inure to the benefit of the Parties hereto and their respective
representatives, successors and assigns.
11.6Standstill. While this Agreement is in effect, City will not actively market,
sell or encumber the City Property in any manner, will not accept, negotiate or entertain any
other offers for the City Property and will maintain the City Property in its current condition and
in compliance with applicable laws. While this Agreement is in effect, Marrakesh will not
actively market, sell or encumber the Marrakesh Property in any manner, will not accept,
negotiate or entertain any other offers for the Marrakesh Property and will maintain the
Marrakesh Property in its current condition and in compliance with applicable laws.
11.7Cavtions and Interpretations. Paragraph titles or captions contained in this
Agreement are inserted as a matter of convenience and for reference, and in no way define, limit,
extend or describe the scope of this Agreement or any provision hereof. No provision in this
Agreement is to be interpreted for or against either Party because that Party or its legal
representative drafted such provision.
10
72500.00000\31811894 7
11.813usiness Days. In the event any period of time provided for in this
Agreement ends on a day other than a business day on which banks are generally open for a full
day for business, such ending date shall automatically be extended to the next business day.
11.9Counterparts. Electronic/Facsimile Shmatures. This Agreement may be
executed in two or more separate counterparts, each of which, when so executed and delivered,
shall constitute an original, and all such counterparts shall together constitute one and the same
instrument, and any Party may execute this Agreement by executing any one or more of such
counterparts. Signatures delivered electronically or by facsimile shall be as binding as original
signatures.
I LIOSeverability. If any provision of this Agreement, or the application thereof
to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be
invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied
to other persons, places and circumstances shall remain in full force and effect.
11.11 Further Assurances. Each of the Parties shall execute and deliver any and
all additional papers, documents and other assurances and shall do any and all acts and things
reasonably necessary in connection with the performance of their obligations under this
Agreement and to carry out the intent of the Parties.
11.12Exhibits. All exhibits attached hereto and referred to herein are
incorporated herein as though set forth at length.
11.13No Oblieation To Third Parties. Execution and delivery of this Agreement
shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor
obligate either of the Parties hereto to, any person or entity other than each other.
11.14Waiver. The waiver by any Party to this Agreement of the breach of any
provision of this Agreement shall not be deemed a continuing waiver or a waiver of any
subsequent breach, whether of the same or another provision of this Agreement.
11.15Interaretation. This Agreement has been negotiated at arm's length and
between persons (or their representatives) sophisticated and knowledgeable in the matters dealt
with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654
and any successor statute) or legal decision that would require interpretation of any ambiguities
against the Party that has drafted it is not applicable and is waived. The provisions of this
Agreement shall be interpreted in a reasonable manner to effect the purpose of the Parties and
this Agreement.
11.16Attornevs' Fees. In the event legal action is commenced to enforce or
interpret any of the terms or provisions of this Agreement, the prevailing Party in such action
shall be entitled to an award of reasonable attorney's fees and costs incurred in connection with
the prosecution or defense of said action. In addition, the prevailing Party shall be entitled to
recover any actual accounting, engineering or other professional fees reasonably incurred in said
action or proceeding.
72500 00000\31811894.7
11.17 Post -Closing Obligations. City covenants and agrees to undertake the
actions set forth below following the Close of Escrow and the formation of the Underground
Assessment District contemplated by Section 5.5 (the "UAD"):
11.17.1 In the event the project is commenced on the Marrakesh Property for the
undergrounding of utilities pursuant to the UAD, and trenching for such utilities is
performed on the street within the Marrakesh Property, upon completion of such
work:
(a) the trench for the undergrounding would be repaired by repaving the
entire width of the street for the length of the trench, to a depth of 1.5"; and
(b) The asphalt concrete will contain aramid fibers such as manufactured
by ACE Fiber, or equal as reasonably approved by Marrakesh.
11.17.2 The City will use reasonable efforts to cause any construction relating to
the undergrounding of utilities pursuant to the UAD to occur between May 1
through October 30 of the applicable year.
[SIGNATURES ON FOLLOWING PAGE]
12
72500.00000\31811894.7
SIGNATURE PAGE TO
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first written above.
MARRAKESH:
MARRAKESH COUNTRY CLUB, a
California corporation
By:
Name: Bvron Francis
Title: Board President
CITY:
CITY OF PALM DESERT, a California
municipal corporation
Lauri Aylaian
City Manager
Attest
A
Rachelle D. Klassen
City Clerk
Approved as to form
Robert Hargreaves
City Attorney
13
72500.00000\31811894.7
EXHIBIT A
LEGAL DESCRIPTION OF CITY PROPERTY
[Attached behind this cover page]
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "B"
In the City of Palm Desert, County of Riverside, State of California, that portion of the north half of
the southeast quarter of Section 29, Township 5 South, Range 6 East, San Bernardino Meridian,
described in deed recorded July 2, 2009 as Instrument No. 2009-0340875 of Official Records of said
county;
EXCEPTING THEREFROM that portion described as follows:
COMMENCING at the West comer of the parcel of land described in Quitclaim Deed recorded July
2, 2009 as Document No. 2009-0340875 of Official Records of said county;
thence along the south line of said parcel of land, also being the south line of the north half of the
southeast quarter of said Section 29, North 89°45'54" Fast, 38.18 feet to the POINT OF
BEGINNING;
thence leaving said south line, North 71 °56'42" East, 486.84 feet, to the westerly line of that certain
parcel described in Deed recorded April 30, 1969 as Instrument No. 42582 of Official Records of
Riverside County, California, being the westerly right-of-way line of Portola Avenue (88-foot width),
said point also being the beginning of a non -tangent curve concave northwesterly and having a radius
of 1656.00 feet, a radial line of said curve from said point bears North 70°31'4T' West;
thence along said westerly right-of-way line and southwesterly along said curve an arc distance of
161.32 feet through a central angle of 05°34'53" to the south line said parcel per Document No. 2009-
0340875, and the south line of the north half of the southeast quarter of said Section 29;
thence along said south line, South 89°45'54" West, 401.78 feet to the POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "B" containing 1.23 acres, more or less.
AS SHOWN ON EXHIBIT "B" attached hereto and by this reference made a part hereof.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
Note: This description is prepared for the express purpose of describing the property for recording an
agreement and is not to be used to convey fee title to the real property described herein, or for any
other purpose.
This legal description and accompanying plat were prepared by me or under my direction in
conformance with the requirements of the Professional Land Surveyors Act
"goo
Christopher L. Alberts, PLS 8508
9-Z7- Z'9
Date
Page 1 of 1
EXHIBIT B
EXHIBIT TO THE LEGAL DESCRIPTION OF CITY PROPERTY
[Attached behind this cover page]
72500 M000\31811894.7
EXHIBIT "B" - MAP
PMW 19-0003
NOTE:
THIS PLAT WAS PREPARED FROM RECORD DATA
AND DOES NOT REPRESENT A SURVEY OF THE
PROPERTY SHOWN HEREON. THIS MAP HAS BEEN
APPROVED UPON THE EXPRESS CONDITION THAT
S
BUILDING PERMITS SHALL NOT BE ISSUED FOR
ANY DEVELOPMENT WITHIN THIS ADJUSTMENT
—
PLAT UNTIL NECESSARY DEDICATIONS, IF ANY,
J
HAVE OCCURRED.
�
cn
NOTE:
THERE MAY BE EASEMENTS OF RECORD DELINEATED AND
REFERENCED ON THE UNDERLYING MAP, OR THERE MAY BE
EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE
NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER
SAID PARCEL HEREIN.
SHEET 1 OF 2
PREPARED: AUGUST 27, 2019
MBI JOB f 166304.006Z
— —
LEGM
— EXISTING CENTERLINE
— — — —
— EXISTING ROAD EASEMENT
EXISTING LOT LINE TO REMAIN
EXISTING RIGHT—(1F—MAY LINE
ADJUSTED LOT LINE
LOT 39
EXISTING LOT NUMBER
PARC1 *
A" ADJUSTED LOT NUMBER
R)
RADIAL BEARING
RECORD PER CO.R.O.M. MAP 798—Q
RECORD PER RS 16/60
N�
RECORD PER INST. /1978—MI7454
<->
RECORD PER MB 65/44-45
1 A1ST . 12009-0 340875 --
RFC. 71212009
LOT 35 LOT 39
TRACT NO. 3957
LOT 25 AAEALIED TRACT NO. 5904
(I AE
TRACT A0.L6229-3 k
AB 82/98-100 I i 65/44,45jfB 85/4
—— _ — — L — — —
INST. 17454
RFC. 1133011978 PARCEL A
HAYSTACK ROAD— — ---�
�` �H/ 1B 77140-41 T
,o`�� PARCEL
* LS No. 8508
•� w
Q
Q�bor
400 200 0 400 800 1200
mi CAS\E%%ll
LOCATED IN POR. OF SEC. 29, T.5S. , R.6E. , S.B.M. SCALE: 1 "=400'
DOC. NO. 17454 REC, 1/30/1978 630-200-019
AND DOC. NO. 2009-0340875. REC, CITY OF PALM DESERT 630-250-017
LOT NO'S PARCEL OWNER ASSESSOR PARCEL NUMBERS
ADJUSTMENT PLAT - CITY OF PALM DESERT
PREPARED BY:
C RISTOPFER L. ALBERTS, PLS W DATE
ACTING CITY SURVEYOR
APPLICANT:
CITY OF PALM DESERT
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
PROPERTY ADDRESS:
NORTHWEST CORNER OF HAYSTACK ROAD
AND PORTOLA AVENUE
EXHIBIT "B" - MAP
PMW 19-0003
SHEET 2 OF 2
PREPARED: AUGUST 27, 2019
MBI JOB f 166304.006Z
DATA TABLE
® BEARING/DELTA RADIUS LENGTH ® BEARING/DELTA RADIUS LENGTH
1 N71'56'42"E 486.84' 8 N00'14'06"N 1118.501 1
2 00'49'07" (1656.00') 23.66' 9 N56'39'10"E — 672.60' N
(00'49'57" -- 24.06) <N56'39'24"E — 672.61')CALC'D CN tn
3 05'34'53" 5S1656.00: 161.32 10 06'24'00" (1656.00') 184.98'
4 07'51`36" (1656.00' 227.17' 11 N25'52'13"E _ 180.23' W
5 13'26 29' (((1656.00')))))) 388,49' (N25'53'40"E 180.21')
(13'26'37" — 388.56')
6 86'16'44" (25.000') 37.65'
86 16'02" 37.69'1
7 22 ' 25� '03 * (1019 00') 3398.10
98 94') iAnB'22 • " , ` l
COT 39 �_.�41 \ /,1915 4
,p TRACT W. 3957
x
,+ ' o AV 65/44-45
S. LINE N1/2,'s � 3 ��
J — SE 1 /4 , SEC. 29
-� MARRAIIFSH DRIVE 1 401.70 _! 1j��w 10
DOC. 117454 2061.56' 439.96'
RTC. 113011978 AM 630-250-017�� •�� (654.87') � o, 2
2463.34' 463 26'} " a "� � ,I
8 N89 45'54 E 2678.06 N89 45 10 E 2678.25' ],�' t .62 AC. ,� i
—A N89'45'54 E 1953.76' _
00C. 169762 RTC. 7/911969 —HAYSTACK R04kb
i
AA4 17/40-41 TRANSFER PARCEL 6
W
±30,140 S.F. a
N
200 100 0 200 400 600
,i
SCALE: 1"=200'
LOCATED IN POR. OF SEC. 29, T.5S., R.6E., S.B.M.
DOC. NO. 17454 REC. 1/30/1978 630-200-019
AND DOC. NO. 2009-0340875. REC. CITY OF PALM DESERT 630-250-017
LOT NO'S PARCEL OWNER ASSESSOR PARCEL NWBERS
ADJUSTMENT PLAT - CITY OF PALM DESERT
PREPARED BY: APPLICANT:
CITY OF PALM DESERT
73510 FRED HARING DRIVE
PALM DESERT, CA 92260
PROPERTY ADDRESS:
Qf2ISTOPHOt L. S. PLS &.a DATE NORTHWEST C04M OF HAYSTACK ROAD
ACTING CITY SURVEYOR AND PORTOLA AVENUE
I
EXHIBIT C-1
GRANT OF UTILITY EASEMENT
(Southern California Edison Comnanv)
[Attached behind this cover page]
72500.00000\31811894.7
RECORDING REQUESTED BY
rlSOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL Company
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SCE Doc. No.
GRANT OF
DOCUMENTARY TRANSFER TAX S NONE
u'a'K'u'
bm`%Vl au tt=MA
EASEMENT
VALUE AND CONSIDERATION LESS THAN $100.00)
Palm Springs
I
TD922685
SCE Company
FIM 558-1959-0
ArFIRuvtV by UA'e
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
I APN 630-410-027
REAL SLS/BT 06'14/2017
MARRAKESH COMMUNITY ASSOCIATION, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN
CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement
and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and
from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"),
consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers
and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for
transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that
certain real property in the County of Riverside, State of California, described as follows:
VARIOUS STRIPS OF LAND LYING WITHIN COMMON LOTS 33 AND 34 OF TRACT NO. 6229-1, AS PER MAP
FILED IN BOOK 83, PAGES 7 THROUGH 9 OF MAPS, COMMON LOT 25 OF TRACT NO. 6229-3, AS PER MAP
FILED IN BOOK 85, PAGES 63 AND 64 OF MAPS, AND LOT 27 OF TRACT NO. 9129, AS PER MAP FILED IN
BOOK 92, PAGES 10 THROUGH 12 OF MAPS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS:
STRIP #1 (14.00 FEET WIDE)
COMMENCING AT THE SOUTHWEST CORNER OF COMMON LOT 25 OF SAID TRACT NO. 6229-3; THENCE
ALONG THE SOUTHERLY LINE OF SAID COMMON LOT 25, NORTH 89°44'25" EAST 25.54 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID CERTAIN COURSE, NORTH 00°07'34" WEST 21.82
FEET TO A POINT OF ENDING, SAID POINT HEREINAFTER REFERRED TO AS POINT "A".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHERLY IN
THE SOUTHERLY LINE OF SAID COMMON LOT 25.
STRIP #2 (10.00 FEET WIDE)
BEGINNING AT SAID POINT "A'; THENCE NORTH 00°07'34" WEST 1.56 FEET; THENCE NORTH 19°52'31"
WEST 23.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A
RADIUS OF 96.50 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
18059'36" AN ARC DISTANCE OF 31.99 FEET; THENCE NORTH 00°52'55" WEST 179.47 FEET; THENCE
NORTH 00044'45" EAST 58.14 FEET; THENCE NORTH 00'44'45" EAST 66.57 FEET; THENCE NORTH 02°52'01"
EAST 114.93 FEET; THENCE NORTH 01°19'39" EAST 130.19 FEET; THENCE NORTH 01°22'23" WEST 101.11
FEET; THENCE NORTH 22°37'34" WEST 37.83 FEET; THENCE NORTH 00°07'34" WEST 1.60 FEET TO A
POINT OF ENDING, SAID POINT HEREINAFTER REFERRED TO AS POINT `B".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE
POINTS.
STRIP #3 (22.00 FEET WIDE)
COMMENCING AT SAID POINT `B"; THENCE SOUTH 89°52'26" WEST 1.40 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°07'34" WEST 18.50 FEET TO A POINT OF ENDING, SAID POINT
HEREINAFTER REFERRED TO AS POINT "C".
STRIP #4 (10.00 FEET WIDE)
COMMENCING AT SAID POINT "C' ; THENCE NORTH 89°52'26" EAST 1.40 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°07'34" WEST 2.68 FEET; THENCE NORTH 22°22'26" EAST 24.51 FEET;
THENCE NORTH 03058'55" WEST 87.39 FEET; THENCE NORTH 02°42'05" WEST 109.47 FEET; THENCE
NORTH 00057'53" WEST 157.14 FEET; THENCE NORTH 00°55'00" WEST 286.99 FEET; THENCE NORTH
00°56'24" WEST 129.66 FEET; THENCE NORTH 10°19'01" EAST 7.78 FEET; THENCE NORTH 00°57'53" WEST
1.50 FEET TO A POINT OF ENDING, SAID POINT HEREINAFTER REFERRED TO AS POINT "D".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE
POINTS.
STRIP #5 (14.00 FEET WIDE)
COMMENCING AT SAID POINT "D"; THENCE NORTH 89°02'07" EAST 2.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°57'53" WEST 20.00 FEET TO A POINT OF ENDING, SAID POINT
HEREINAFTER REFERRED TO AS POINT "E".
STRIP #6 (10.00 FEET WIDE)
COMMENCING AT SAID POINT "E'; THENCE SOUTH 89°02'07" WEST 2.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°57'53" WEST 9.99 FEET; THENCE NORTH 12°10'59" WEST 7.79 FEET;
THENCE NORTH 00039'05" WEST 129.63 FEET; THENCE NORTH 00°39'56" EAST 57.15 FEET; THENCE
NORTH 02042'00" EAST 36.87 FEET; THENCE NORTH 05°32'53" EAST 57.63 FEET; THENCE NORTH 04°46'45"
EAST 44.70 FEET; THENCE NORTH 02°07' 14" EAST 44.00 FEET TO A POINT OF ENDING.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE
POINTS.
STRIP #7 (10.00 FEET WIDE)
COMMENCING AT SAID POINT "E"; THENCE SOUTH 89°02'07" WEST 2.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 25°12'11" WEST 9.26 FEET; THENCE NORTH 68°41'54" WEST 9.26 FEET;
THENCE SOUTH 89033'15" WEST 6.15 FEET TO A POINT OF ENDING IN THE WESTERLY LINE OF
COMMON LOT 33 OF SAID TRACT NO.6229-1.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE
SOUTHEASTERLY IN THE WESTERLY AND NORTHERLY LINES OF STRIP #5 DESCRIBED HEREINABOVE,
WESTERLY IN THE WESTERLY LNIE OF SAID LOT 33, AND TO JOIN AT THJE ANGLE POINTS.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #6 DESCRIBED HEREINABOVE.
DSR801459979
TD922685
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant
an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said
systems as constructed in, on, over, under, across, and along the Grantor(s) property.
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others,
without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the
easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of
Easement.
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or
maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or
interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee
shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall
replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such
excavation as is practicable.
EXECUTED this day of , 20
GRANTOR
MARRAKESH COMMUNITY ASSOCIATION
Signature
Print Name
Title
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.
State of California
County of
On before me, , a Notary Public, personally appeared
. who 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 he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) 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 (Seal)
DSR801459979
TD922685
(� SEE BELOW RIGHT
1 31
I I I I TR 6229-3 I i
i 1 1 I I
N � � 4
TR 6229-3 1
STRIP #4
10' WIDE h ( 5 1
TR 6229-3 I 1
1
PT. "co 1 ( 1 I
( 6
} TR 6229-3
i STRIP #3
I
PT. "s" 1 + , 22' WIDE
�j
i 7 I 1
( TR 6229-3 1
I f 1 I
1 I iwi
8
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R 6229-3 1
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110 1
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I j I I 11 I I I TR 6229-3 I
I 1
12 I 1
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R 6229-3
1 I i
1 I 13 1
I I + TR 6229-3
I i I t
1 —14 1
I I LR 6229-3 I
I I,I I I r151
FTR 6229 3
STRIP #2 1� _ —
10' WIDE 1 1 16
TR 6229-3
I •i� Lam_ _.
I ' I TRACT NO.6229-3
1 I M.B. 85/63-64
RIVERSIDE CO.
COMMON LOT 25
STRIP 1 \ 7 TR6229-3
14' WIDE 1 .Pf. "A"
AMIR
POC
SCE EASEMENT STRIP #11 __ _DRIVE
( DSR801459979 jD�Z6$5 TPOB STRIP #1
( SLS/BT b jj 5/17
TRACT NO. 9129 I
I M.B. 92/10-12 — I
RIVERSIDE CO.
FT4 I
I R 9129 1 I
I ' 1 I
I I
1 3
1 j 27 LT_R
9119 I
1 R9129 --�
I I
1 2
1I I TR 9129
1 I 1 f
1 I TR 9129j
!STRIP #6
{ 10' WIDE
i II I i 32
TR 6229-1
STRIP #7 1 I \ 31
10' WIDE TR 6229-1
PT. v
TRACT NO.6229-1
I i E M.B.8317-9
i
RIVERSIDE CO.
PT. r
'D' STRIP #5 COMMON
t 14' WIDE LOT 33
TR 6229-1
18 , TR 6229-1 1
1 � 1
17
I TR 6229- I
STRIP #4
1 10' WIDE
—
I F16
R 6229-1
+ I ( I I
I 15
i I L
R 6229 j
t 4!
I
COMMON LOT 34
r � I
TR
2r6229k-I
I
\ TR 6229-1\•
1
\ TR 6229-1 \
1
i TR 6229-3
1
I
I
TR 6229-31 I
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EXHIBIT C-2
GRANT OF UTILITY EASEMENT
(City Easement)
[Attached behind this cover page]
72500.00000\31811894.7
DO NOT PLACE RECORD NG DATA ABOVE THIS LINE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: City Manager
FREE RECORDING:
This instrument is for the benefit of
The City of Palm Desert and is entitled to
be recorded without fee or tax.
(Govt. Code 6103, 27383
and Rev. & Tax Code 11922)
PUBLIC UTILITY EASEMENT DEED
APN 630-410-027. 630-390-035. and 630-400-045
For a valuable consideration, receipt of which is hereby acknowledged,
MARRAKESH COUNTRY CLUB, a California corporation, herein referred to as "GRANTOR",
hereby GRANT(S) to the CITY OF PALM DESERT, CALIFORNIA, a California municipal
corporation, and its successors and assigns, including, without limitation, and to any of the
several utility companies authorized to provide utility services within City rights -of -way and public
utility easements, (collectively, "Grantee(s)"), for public use and purposes, a public utility
easement to lay, construct, repair, maintain, operate, renew and replace communication and
telecommunication lines and appurtenances incidental thereto (herein referred to as
"facilities"),with the right of ingress and egress to and from same, in, over, under and across the
easement. The easement described herein shall run with the land and shall be binding upon and
inure to the benefit of the parties and their respective successors and assigns. The rights granted
to the Grantees other than the City shall remain inferior and subordinate to the superior rights of
the City of Palm Desert.
GRANTOR agrees for itself, its successors and assigns, not to erect, place or maintain, nor to
permit the erection, placement, or maintenance of any buildings, planter boxes, earthfill, large
trees, large shrubs, block walls, concrete pavement (other than permitted sidewalks and driveway
accesses), decking, structures or other similar improvements, that would unreasonably interfere
with the ability of any Grantee to obtain access to the easement for the purposes of repair,
replacement, or installation of the facilities.
Grantees, shall have the right to trim or cut tree roots and vegetation as may endanger or
interfere with the function of this easement and shall have free access to the facilities and every
part thereof, at all times, for the purpose of exercising the rights granted herein. In doing work on
property of the GRANTOR, Grantees will conduct work in such a manner as will cause the least
injury to the surface of the ground or surface around construction area, and will replace the earth
so removed, and will restore the surface of the ground to as near a condition as existed prior to
such work as is practicable.
72500.00000\32273137 1
In the event prohibited structures and/or improvements are installed or planted within the
easement area, any Grantee may require GRANTOR to remove same and, if GRANTOR does
not comply, such Grantee may cause removal and charge costs back to GRANTOR. Any costs
not paid by GRANTOR shall constitute a debt of OWNER, owing to such Grantee, which shall
accrue interest at the maximum rate allowed by law.
The real property for the public utility easement is fully described in Exhibit "A" and depicted in the
map in Exhibit "B", both of which are attached hereto and made a part hereof by reference
("Easement Parcel'). The public utility easement granted herein is for public use and purposes
and is severed from and shall not be deemed to merge with fee title to the Easement Parcel.
IN WITNESS WHEREOF, this Public Utility Easement Deed is executed by the undersigned this
day of , 20_
Signature(s) must be acknowledged
by a Notary Public.
CITY OF PALM DESERT,
a California municipal corporation
By:
ATTEST:
City Clerk
Lauri Aylaian
City Manager
72500.00000\32273137.1
EXHIBIT "A" TO PUBLIC UTILITY EASEMENT DEED
LEGAL DESCRIPTION OF EASEMENT PARCEL
VARIOUS STRIPS OF LAND LYING WITHIN COMMON LOTS 33 AND 34 OF TRACT NO. 6229-1, AS PER MAP
FILED IN BOOK 83, PAGES 7 THROUGH 9 OF MAPS, COMMON LOT 25 OF TRACT NO. 6229-3, AS PER MAP
FILED IN BOOK 85, PAGES 63 AND 64 OF MAPS, AND LOT 27 OF TRACT NO. 9129, AS PER MAP FILED IN
BOOK 92, PAGES 10 THROUGH 12 OF MAPS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS
FOLLOWS:
STRIP #1 (14.00 FEET WIDE)
COMMENCING AT THE SOUTHWEST CORNER OF COMMON LOT 25 OF SAID TRACT NO. 6229-3; THENCE
ALONG THE SOUTHERLY LINE OF SAID COMMON LOT 25, NORTH 89°44'25" EAST 25.54 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID CERTAIN COURSE, NORTH 00°07'34" WEST 21.82
FEET TO A POINT OF ENDING, SAID POINT HEREINAFTER REFERRED TO AS POINT "A".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHERLY IN
THE SOUTHERLY LINE OF SAID COMMON LOT 25.
STRIP #2 (10.00 FEET WIDE)
BEGINNING AT SAID POINT "A"; THENCE NORTH 00°07'34" WEST 1.56 FEET; THENCE NORTH 19°52'31"
WEST 23.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A
RADIUS OF 96.50 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
18059'36" AN ARC DISTANCE OF 31.99 FEET; THENCE NORTH 00°52'55" WEST 179.47 FEET; THENCE
NORTH 00044'45" EAST 58.14 FEET; THENCE NORTH 00°44'45" EAST 66.57 FEET; THENCE NORTH
02052'01 "EAST 114.93 FEET; THENCE NORTH 01 ° 19'39" EAST 130.19 FEET; THENCE NORTH 01 °22'23" WEST
101.11 FEET; THENCE NORTH 22°37'34" WEST 37.83 FEET; THENCE NORTH 00°07'34" WEST 1.60 FEET TO A
POINT OF ENDING, SAID POINT HEREINAFTER REFERRED TO AS POINT "B".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS.
STRIP #3 (22.00 FEET WIDE)
COMMENCING AT SAID POINT "B"; THENCE SOUTH 89052'26" WEST 1.40 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°07'34" WEST 18.50 FEET TO A POINT OF ENDING, SAID POINT
HEREINAFTER REFERRED TO AS POINT "C".
STRIP #4 (10.00 FEET WIDE)
COMMENCING AT SAID POINT "C"; THENCE NORTH 89°52'26" EAST 1.40 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°07'34" WEST 2.68 FEET; THENCE NORTH 22°22'26" EAST 24.51 FEET;
THENCE NORTH 03058'55" WEST 87.39 FEET; THENCE NORTH 02°42'05" WEST 109.47 FEET; THENCE
NORTH 00057'53" WEST 157.14 FEET; THENCE NORTH 00°55'00" WEST 286.99 FEET; THENCE NORTH
00056'24" WEST 129.66 FEET; THENCE NORTH 10°19'01" EAST 7.78 FEET; THENCE NORTH 00°57'53"
WEST 1.50 FEET TO A POINT OF ENDING, SAID POINT HEREINAFTER REFERRED TO AS POINT "D".
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS.
72500.00000\32273 l 37.1
STRIP #5 (14.00 FEET WIDE)
COMMENCING AT SAID POINT "D"; THENCE NORTH 89°02'07" EAST 2.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°57'53" WEST 20.00 FEET TO A POINT OF ENDING, SAID POINT
HEREINAFTER REFERRED TO AS POINT "E".
STRIP #6 (10.00 FEET WIDE)
COMMENCING AT SAID POINT "E"; THENCE SOUTH 89°02'07" WEST 2.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 00°57'53" WEST 9.99 FEET; THENCE NORTH 12°10'59" WEST 7.79 FEET;
THENCE NORTH 00039'05" WEST 129.63 FEET; THENCE NORTH 00°39'56" EAST 57.15 FEET; THENCE
NORTH 02042'00" EAST 36.87 FEET; THENCE NORTH 05°32'53" EAST 57.63 FEET; THENCE NORTH 04046'45"
EAST 44.70 FEET; THENCE NORTH 02'07' 14" EAST 44.00 FEET TO A POINT OF ENDING.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS.
STRIP 47 (10.00 FEET WIDE)
COMMENCING AT SAID POINT "E"; THENCE SOUTH 89°02'07" WEST 2.00 FEET TO,THE TRUE POINT OF
BEGINNING; THENCE NORTH 25°12'11" WEST 9.26 FEET; THENCE NORTH 68°41'54" WEST 9.26 FEET;
THENCE SOUTH 89033'15" WEST 6.15 FEET TO A POINT OF ENDING IN THE WESTERLY LINE OF COMMON
LOT 33 OF SAID TRACT NO. 6229-1.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE
SOUTHEASTERLY IN THE WESTERLY AND NORTHERLY LINES OF STRIP #5 DESCRIBED HEREINABOVE,
WESTERLY IN THE WESTERLY LINE OF SAID LOT 33, AND TO JOIN AT THE ANGLE POINTS.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #6 DESCRIBED HEREINABOVE.
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to
grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the
centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property.
725W00000\32273137.1
EXHIBIT "B" TO PUBLIC UTILITY EASEMENT DEED
GTV OF PALM DESERT - PUBLIC UTILITY EASEMENT
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725000000\32273137.1
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
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.
State of California )
County of )
On , 20 before me,
personally appeared
who 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 he/she/they
executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) 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.
72500.00000\32273137 1
CITY OF PALM DESERT
CERTIFICATE OF ACCEPTANCE OF
PUBLIC UTILITY EASEMENT DEED
This Certificate of Acceptance pertains to the interest in certain real property
conveyed by the Public Utility Easement Deed dated to
which this Certificate of Acceptance is attached,
from: MARRAKESH COUNTRY CLUB, a California corporation
("Grantor"),
to: CITY OF PALM DESERT, a California municipal corporation, and
its successors and assigns, including, without limitation, and to any of the
several utility companies authorized to provide utility services within City
rights -of -way and public utility easements (collectively, "Grantee(s)")
Said Public Utility Easement Deed is hereby accepted by the undersigned officer
on behalf of Grantee City of Palm Desert pursuant to authority conferred by the said
Grantee's governing body, and said Grantee hereby consents to recordation of same.
Dated:
ATTEST:
City Clerk
CITY OF PALM DESERT,
a California municipal corporation
Lauri Aylaian
City Manager
72500.00000\32273137.1
MARRAKESH PARCEL
Parcels
City Boundary
Date: 2919
VICINITY MAP