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HomeMy WebLinkAboutConvey Quitclaim Deeds Relating to Parking Easements on Private PropertyCITY OF PALM DESERT/SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZATION AND APPROVAL TO CONVEY QUITCLAIM DEEDS FROM THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY TO THE CITY OF PALM DESERT RELATING TO EXISTING PARKING EASEMENTS ON PRIVATE PROPERTY SUBMITTED BY: Martin Alvarez, Director of Economic Development DATE: March 10, 2016 CONTENTS: Quitclaim Deeds Easement Agreement List and Map SA Resolution No. SA -RDA 055 Resolution No. 2016-25 Recommendation By Minute Motion: 1) That the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency (Successor Agency) waive further reading and adopt Resolution NosA-.RDA0558uthorizing and approving the conveyance of an easement agreements from the Successor Agency to the Palm Desert Redevelopment Agency to the City pursuant to the approved Long Range Property Management Plan; 2) That the City Council waive further reading and adopt Resolution No. 2016-25 accepting the conveyance of easement agreements from the Successor Agency; 3) Authorize the City Attorney to make non-sustentative changes to all documents; and, 4) Authorize the Chair/Mayor to execute any and all documents necessary for the conveyance. Executive Summary: On June 4, 2014 the State of California Department of Finance (DOF) approved the Long Range Property Management Plan (LRPMP) for the Successor Agency to the Palm Desert Redevelopment Agency (Successor Agency) that authorized the transfer of several public parking easement agreements from the Successor Agency to the City of Palm Desert. The Staff Report Conveyance of Parking Easements by SARDA to The City March 10, 2016 Page 2of2 above actions will formalize the conveyance of the easement agreements by the Successor Agency and the acceptance by the City of Palm Desert. With the transfer of the easement agreements from the Successor Agency to the City, the City will have the right to oversee, administer and amend the easement as required. Discussion: The former Redevelopment Agency approved and entered into parking easement agreements with several property owners in an effort to facilitate the construction of public parking areas. The list of properties that currently have public parking easements and agreements with the Successor Agency is attached to the staff report. The attached list gives a description of the property owner, location of easement, and the term. With the dissolution of the Redevelopment Agency and the creation of the Successor Agency, the Long Range Property Management Plan (LRPMP) was submitted to the Department of Finance and approved on June 4, 2014. As part of the approved LRPMP, the Successor Agency listed the subject easements to be transferred to the City. Staff has prepared individual Quitclaim Deeds and legal descriptions transferring the easements from the Successor Agency to the City (see attached). The easements have no monetary value but should remain with the City for oversight and any amendments that may be required in the future. Fiscal Analvsis: The proposed conveyance of the easement agreements from SARDA to the City has no fiscal impact to the General Fund. Submitted by: rtin Alvarez Director of Economic Development t J M. Wohlmuth ci Manager/Executive Director Department Head: Rudy Acosta Assistant City Manager \\srv-fi12k3\groups\Eton DevelopmentWartin Alvarez\Easement Agreements\SR 3-10-16 SA -City Easement Transfer do x EASEMENT AGREEMENT LIST PUBLIC PARKING Dedications, DDA's, Easements & Memorandum of Understanding PARTIES EASEMENT RECORDED DOC NO. PROPERTY PARCEL NO. CUISTOT RESTAURANT fi40-370-0D9 {Parking} 1 2003-097803, Public 640-370-011 (Parking) PDRDA & Dervieux, Inc. Parking Easement 640-370-010 (Parking) 640-370-003 (Cuistot) EL PASEO COLLECTION NORTH 627-192-042 (City) HWY 111 & EL PASS© t 999-37150 (1.29.99), Palm Palm Desert Drive 5 (City) Public Parking 2-036 (Cotter) PDRDA & CITY & James Cotter & El Paseo Collection North & RUI Easement 627-192-034 {Rose} 627-192-03(El (Rose) One Corp (dba Palomino Restaurant) & Stanley B. Rose Co. 3 a J 627-192-014 (EI Paseo} SPIGA RESTAURANT 640-070-009 (Parking) 2007-0227955, Public W-370-011 (Parking) DDA & CVFond SemiceAos- Parking Easement 64D-370-010 (Parking) traro Group dha La 5piga 64M70-017 (La Spiga) LIVING DESERT RESERVE, The • PARKING LOT SUBLEASE 2004-0099812, 655-23019 Memorandum of 630-250-045 PDRDA {Lessee} & The Living Desert Reserve (Lessor) I Sublease PALMS TO PINES EAST 640-170-015 (Pa1ms2Pines) 2004-0984004, Public 640-170-004 (HWS) PDRDA ("Grantee") & American Investment Palms to Pines East & Parking Easement 640-170-007 {Quinto} HWS Palm Desert & Quinto Corporation & Staples & New England 640-170-016 (Staples) Audio ("Grantor") 640-170-008 (New E. Audio) PORTOLA AVENUE, 45-188 , 7 PDRDA &Timothy R. Bartlett 1999-290097Parking Easement Public 625-111-033 (letter from Bartlett 212212008 notifying RDA of his intention to transfer property to Heather James Arts & Antiquities) i SAN MARINO CIRCLE 74.039 2007-0445283, 7 h0amarandum of DDA & 625-092-004 PDRDA & Gregory & Gregory, LLC DDA WELL CARE CLINIC 1 8 � 2002-081904, Grant of 627-151-006 PDRDA & John F. Kennedy Memorial Foundation I Easement 1 of 1 •'J M w 44 �� � '� ��� �Y' ir+'Ri' 7PRis"lolliltRAtillyRr� re Fri �.�','• �� ��oeK �:401, Go Q- �� 1.1 i I Well, ^.'. f �• ��lf1. +try *.,�' ��� '�1'I�e � 1�� �+��� t. •.!i i� NO ift Ell in ow. sk ' +�I��+= •c�.��,.�1 i��:� rp ll •.. '77-Al .�h"i'�#�fii �71�+`sii•lrR�•Kt�-•'rifHl';.., .Ppo.c•wi•�ii�ii_C:1t�. 'F:?i � � �\ ��' �. .Y... _..-�.rY-�,. - . � - Lam' i�>rl• 777 ry 1.. I �ok u p RESOLUTION NO. SSA -RDA 055 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AUTHORIZING AND APPROVING THE CONVEYANCE OF QUITCLAIM DEEDS TO THE CITY OF PALM DESERT RELATING TO EASEMENTS ON CERTAIN REAL PROPERTY REFERENCED ON EXHIBIT "B" RECITALS: WHEREAS, AB X1 26 and AB X1 27 were signed by the Governor of California on June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code), including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85"). WHEREAS, The City Council of the City of Palm Desert (the "City") made an election to serve as the Successor Agency to the Palm Desert Redevelopment Agency (the "Agency") under Part 1.85 (the "Successor Agency"). WHEREAS, The City Council, acting as the governing board for the Successor Agency, established rules and regulations applicable to the governance and operation of the Successor Agency, and pursuant to such resolution provided that the Successor Agency will be governed by a Board of Directors (the "Board") consisting of the members of the City Council of the City. WHEREAS, The Long Range Property Management Plan was approved by the State of California Department of Finance on June 2, 2014 allowing for the conveyance of the granted nonexclusive easements for public parking purposes to the Agency pursuant to certain Easement Agreements as listed on the attached Exhibit "B". WHEREAS, the Board desires to authorize and approve the conveyance of the interests in the real property described in the Quitclaim Deeds attached hereto as Exhibit "B". The form of the deed may be subject to minor, non -substantive amendments as approved by legal counsel to the Successor Agency. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. 72500.00000\21965 8 84. 1 Section 2. The Board hereby authorizes and approves the conveyance of the interests in real property described in the Quitclaim Deeds and authorizes and directs the Chair to execute and deliver the Quitclaim Deeds to the City of Palm Desert. Section 3. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers or staff are hereby ratified and confirmed. PASSED, APPROVED, AND ADOPTED this day of , 2016. AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY -2- RESOLUTION NO. SA -RDA 055 EXHIBIT "A" QUITCLAIM DEEDS -3- RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated July 11, 2002, and recorded on February 11, 2003 as Document No. 2003-097803 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated . 2016. executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016. and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation M ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 EXHIBIT "A" TENTATIVE PARCEL MAP 30226 PARCEL I OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. KEC No. 6687 Exp, 06/30/04 WRR,,RE S RVISION OF " DATE PANIES • PA DESERT TM346-9844 7M348-9388 RESOLUTION NO. SA -RDA 055 rr • e Ni • Ns DO A PORTION OF PARCEL I OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, SHOWN AS PARCELS 9, 10 AND 11 OF PARCEL MAP BOOK 2pl PAGES & THROUGH.9INCLUSIVE, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 ALONG THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 644.00 FEET AN ARC DISTANCE OF 56.39 FEES' THROUGH A CENTRAL ANGLE OF 5"01'02" TO THE TRUE POINT OF BEGINNING; THENCE NORTH 31036'54" WEST A DISTANCE OF 37.22 FEET; THENCE NORTH 79022'54" WEST A DISTANCE OF 13.86 FEET; THENCE SOUTH 27°23'27" WEST A DISTANCE OF 72.38 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1093.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH I1051'43" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °00'23" AN ARC DISTANCE OF 210.06 FEET; THENCE SOUTH 25013'37" WEST A DISTANCE OF 18.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 24049'16" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00048'41" AN ARC DISTANCE OF 40.00 FEET; THENCE NORTH 25013'37" EAST A DISTANCE OF 16.96 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1293.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 25047'17" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14027'18" AN ARC DISTANCE OF 326.33 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2784.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 32° 17'26" EAST; Pape 1 of 3 RESOLUTION NO. SA -RDA 055 r Y o a.4'5►I a= 575,54 nIwo ,40 A PORTION OF PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, SHOWN AS PARCELS 9, 10 AND 11 OF PARCEL MAP BOOK ao , PAGES L THROUGH A INCLUSIVE, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 ALONG THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 644.00 FEET AN ARC DISTANCE OF 56.39 FEET THROUGH A CENTRAL ANGLE OF 5'01'02" TO THE TRUE POINT OF BEGINNING; THENCE NORTH 31 °36'54" WEST A DISTANCE OF 37.22 FEET; THENCE NORTH 79022'54" WEST A DISTANCE OF 13.86 FEET; THENCE SOUTH 27023'27" WEST A DISTANCE OF 72.38 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1093.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 11051'43" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 000'23" AN ARC DISTANCE OF 210.06 FEET; THENCE SOUTH 25013'37" WEST A DISTANCE OF 18.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 24049'16" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00048'41 " AN ARC DISTANCE OF 40.00 FEET; THENCE NORTH 25013'37" EAST A DISTANCE OF 16.96 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1293.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 25°47'17" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14027' 18" AN ARC DISTANCE OF 326.33 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2784.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 32°17'26" EAST; RESOLUTION NO. SA -RDA 055 I . 40 t t• 'l �� THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22003'04" AN ARC DISTANCE OF 372.55 FEET; THENCE NORTH 62001'24" EAST A DISTANCE OF 17.02 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 644.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 64°42'55" EAST; THENCE ALONG} SAID CURVE THROUGH A CENTRAL ANGLE OF 08°35'46" AN ARC DISTANCE OF 96.62 FEET; SAID PORTION CONTAINS 117,540 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. No. 6687 Exp.06/30/04 OF CA1A��\� E SUPERVISION OF I f3�to6eL4.2001 DATE RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated October 27, 1997, and recorded on January 29, 1999 as Document No. 1999-037150 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A-1 and A-2 attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: .2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016. and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 EXHIBIT Az-1 LEGAL DESCRIPTION 72500.00000\21933484.1 RESOLUTION NO. SA -RDA 055 ROBERT DUN, WILLIAM FROST AND ASSOCIATES 74410 Highway III Palo Desert, California 92260 May 31, 1995 JH 301312 Page 1 of 2 LEGAL DESCRIPTION PALM DESERT PARKING - HIGH 74 AND EL PASEO PARKING LOT EXPANSION That certain parcel of land situated in the City of Palm Desert, County of Riverside, State of California, being those portions of Old Highway 74 vacated per document recorded August 29, 1974 as Instrument No. 112055 of Official Records, together with those portions of Block "A' of Palm Desert as shown on a Map thereof filed on Book 21, Pages 50 through 54 of Maps, both in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most northerly corner of Parcel 1 of Parcel Map No. 13584 as shown on a map thereof filed in Book $9, Pages 90 and 91 of Parcel Maps in said Office of the Riverside County Recorded, said corner being a point on a curve in northwesterly line of said parcel concave southeasterly and having a radius of 900.00 feet, a radial line f said curve from said point bears South 520591550 Easts thence radially from said curve North 520591584 West 50.00 feet to a point in a curve in the southeasterly line of said Block "A" concentric with last said curve and being concave southeasterly and having a radius of 950.00 feets thence along said curve and southeasterly line, northeasterly 77.56 feet through a central angle of 4°40139'1 thence non tangent from said curve North 86.07'28' West 124.99 feet to the non - tangent intersection with a curve in the westerly line of said Block "A' concave westerly and having a radius of 550.00 feet. a radial line of said curve from said point bears South 66000'40" Wests thence along said curve, westerly line and the continuation thereof southerly 186.89 feet through a central angle of 19.28'41'1 thence tangent from said curve South 4'30'39" East 22.65 feet to the westerly corner of said Parcel 1 and a point on said curve in the northwesterly line of said parcel, a radial line of said curve from said point bears South 60°56'10" Easts A I RESOLUTION NO. SA -RDA 055 Robert Bain, William Frost and Associates Palo Desert Parking Lot Least Parcel to the City of Palm Desert may 31 1995 M W312 Page 2 of 2 thence along said cure and northwesterly line northeasterly 124.67 feat through a central angle of 7 56 12 to the POINT OF iffipING. CONTAINING: 0.261 Acres, more or less. SUBJECT TO all covenants, rights, rights -of -way and easements of record. EXHIBIT V attached and by this reference made a part hereof. 0�4 SG� C L.S.3527 * Ev.6.30.00 aw enca L. aacon, L.S. 35Z7 PCtV(4 6 A -! �i'64 RESOLUTION NO. SA -RDA 055 i t =a t9NN'AT tit SCAM 1 I'- 100' L'TATE INOHWAY U1 LIAM `�` PROPERTY I BLOCK "A-, �•LOTL \4 \ ti// 1% ►ca ivrau I'J 0.26 Ac. opol 1 t SOT iS now -n \ Y��` 1 R' tP ARCEL I P.KL 999//G11 A /rA11Cl1. 1 I � �IP 9VIO.N. EL PASEO TABLE OF COURSES O AN 0440' 9' W R.930.00' L- 77.�� 3O— N 80-07'28" W 124.99' EXHIBIT "Bn dos 07 6,12" R:920�00..00 124,677'' PLAT TO ACCOMPANY A LEGIAL DESCPPTION FOR SHEET I OF I SHEET HWY. 74 AND EL PASEO PARKING LOT EXPANSION, t. RobeeM k Amocial" TO THE CITY OF PALM m In DESERT. ��"�" .► J N. 301312 MAY 31, 1993 RESOLUTION NO. SA -RDA 055 Exhibit A-2 City Pucd RESOLUTION NO. SA -RDA 055 Robert Heln, William Frost & Associates 74410 Highway I I I Palm Desert, CA 92260 November 6,1997 JN 301312-MZ Page 1 of 2 That certain parcel of land situated In the City of Palm Desert. County of Riverside. State of CafUornis, being that portion of the land described in Instrument No. 130762 of Oflicial Records recorded October 10,1974 in the Office of the County Recotda of said Riverside County, described os follows: COMMENCING at the most westerly comer of Lot 24, Dloek "F" of Palm Desert "shown on a map thereof filed in (look 21, Pages 50 through 54 of Maps in sold Me of the Riverside County Recorder, said corner being a point on it curvy In the southeasterly right of way line of Palms to Pines Highway as shown on aid Palm Desert map concave southeasterly and having a radius of 950.00 feet. a radial lino of said cum from sold point bears South W5825" Post; thence along the prolongation of said radial line North 52°5825" West 50.00 feet to the TRUE POINT OF BEGINNING, sold point being on a curve In the centerfiao of said Palms to Pines Highway concentric with last said curve and being concave southeasterly and having a radius of 900.00 feet; thence along said curve and centerline northeasterly 8.20 feet through a central angle of 00031119" to the begimtingof a non -tangent save concave northerly and having a radius of 3750 feet, a radial line of said curve llom said point bean North 41 "45'00' Cast; thence along said curve easterly 69.60 feet through a central angle of 106020'45"; thence tangent from said curve North 25°24'15" But 29.55 feet; thence North 64035'45" West 13.64 feet; thence North 45°58'18" Weat 45.24 feet; thence North 47'43' 47' West 21.75 feet to a point on a curve in the northwesterly right of way line of Palms to Pines Highway concentric with said curve in said centerline and being concave [U6�MOlDATAV0111iOf11LLgY/"IMIAAIlm.�70 �i�� //` f t.ruv-1 RESOLUTION NO. SA -RDA 055 Robed Beln, William Frost and Associates November 6,1997 Palm Desert Parking Lot JN 301312-M2 Perpetual F.a =wt for Maintenance Purposes Page 2 of 2 southeasterly and having a radius of 950.00 feel, a radial Ito of said curve from said point bean South 4704347" Fast; thence along said curve and northwesterly right of way line southwesterly 86.95 feet through a central xWs of 05' 14'38"; thence radially from said curve South 52*5875" West 50.00 feet to the TRUE POINT OF BEGINNING. CONTAININGi 0.153 Acres, more or less. SUWECT TO all covenants, rights, rights -of -way and easements of n=zd. EXHIBIT "B" attached and by this reference made a part heap£ lEM L.S. 4547 RESOLUTION NO. SA -RDA 055 STATF NrONWAY 1!1 2 0' wC_•. • SCA X : V • low STAN NIONWAY 111 WA e,470000-1 i i IUB. sv6o-64•�op er oai •r. \ 4 ' s.=' / � .�.ait►� Al9. sv6o-64. 1 \ a 4 / 2} / LOT 21, }P/' AARCBL 2 AAR 6O �s0.9i. P.ALB 8a/90-9L E! PASFO TABLE OF QQURSES 00',311'19; W 3R-9o0.00' L- 6.20' 106'20'45' R-37.50' L- 69.60' V— N 25'24'15- E 29.55' 5a-- N 54. 5�45* W 1184' Q-- N 45.5618 W 45.24' A+ 05'1� 38' 47- W Ro950.00' L`�,95' a— S 52'SB'25' E 50.00' i),A EXHIBIT 11811 �44OWSH E r r 62 CITY OF PALM DESERT ES 7 T PLAT TO ACCOMPANY A LEQAL DESCRIPTION FOR SHEET i OF ) SHEET PALM DESERT PARKING LOT - PERPETUAL � Robert Be1n,W1111ern FrosL 6e Asmo ates 'R0RSs0N',... ��� gym"' �"va`. war EASEMENT FOR ,._.r,�,r.,�. ,.,,�,,,,..,,,, MAINTENANCE PURPOSES. J.N. 301312_Ar2 NOVEMBER S. 1997 RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated March 9, 2007, and recorded on April 4, 2007 as Document No. 2007-0227955 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation 13 ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 25875, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 163, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 72500.00000\21933484.1 RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Memorandum of Sublease dated October 23, 2003, and recorded on February 11, 2004 as Document No. 2004-0099812 in the official records of Riverside County, California, which Memorandum of Sublease pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A and Exhibit B attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 12016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation L5 ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 EXHIBIT A Legal Descrintion IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF THE NORTH ''/7 OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 6E, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARILY DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, CONDTIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. - o SP RAP o55 RES��vTo N N ►r: J RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated March 25, 2003, and recorded on December 10, 2004 as Document No. 2004-0984004 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A through F attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation 0 ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 List of Exhibits Exhibit A Al Parcel Exhibit B Site Map Exhibit C HWS Parcel Exhibit D Quinto Parcel Exhibit E Common Area Improvements Exhibit F Easement Area RESOLUTION NO. SA -RDA 055 AIPARCEL RESOLUTION NO. SA -RDA 055 Exhibit A Legal Description June 16, 1971 Parcel 2 That portion of the Southeast quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15,1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known as State Highway 74 as conveyed to the County of Riverside by Deed recorded February 9, 1932. In Book 64, Page 353 of Official Records, with the center line of that certain 100 foot parcel of land commonly known as El Paseo Road, conveyed to the County of Riverside by Deed recorded August 6 196Z as Instrument No. 73929: THENCE South 89°30' 40" West on the center line of El Paseo Road, a distance of 1059.46 feet: THENCE North 0129' 20" West to the North line of cl Paseo Road: THENCE continuing North 0°29' 20" West, a distance of 25.00 feet to the TRUE POINT OF BEGINNING. THENCE North 0-29' 20" West, a distance of 258.21 feet. - THENCE North89030' 40" East, a distance of 232.00 THENCE South 0°29' 20" East, a distance of 166.00 feet: THENCE North 890 30" 40" West, a distance of 168.00 feet to a point in the Easterly line of Deed granted to Safeway Stores, Inc. THENCE on a Southernly prolongation of said Easterly line, South 00 29, 20" East, a distance of 117.21 feet to a point in the Northerly right of way line of said El Paseo Road; THENCE along said right-of-way South 890 30' 40" West, a distance of 376.00 feet: THENCE North 44019' 11" West, a distance of 34.66 feet to the TRUE POINT OF BEGINNING. Excepting there from the Northerly 5.00 feet as measured at right of angles and adjacent to the South line of that certain parcel conveyed to the State of California. RESOLUTION NO. SA -RDA 055 Exhibit "A" Parcel 4 That portion of the Southeast one -quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in Book 64, Page 353 of Official Records, with the center line of that certain 100 foot parcel commonly known as El Paseo Road conveyed to the County of Riverside by Deed recorded August 6, 1962, as instrument NO.739229: THENCE South 890 30' 40" West, along the centerline of said El Paseo Road, a distance of 659.46 feet to the intersection of the Southerly prolongation of the East line of the land described in the Deed to Sierra Shopping Center, Inc. a California Corporation, recorded August 6, 1970 as instrument No. 77386 of Official Records: THENCE North 0029' 20" West, a distance of 50.00 feet on said prolongation to a point on the Northerly right —of-way line of said El Paseo Road: THENCE North 89030' 40" East, along said Northerly right-of-way line of El Paseo Road, a distance of 134.17 feet said point being the TRUE POINT OF BEGINNING; THENCE North 0° 29' 20" West, a distance of 300.00 feet; THENCE North 89030' 40" East, a distance of 47.83 feet; THENCE North 0029" 20" West, a distance of 212.55 feet to a point on the Southerly right -of way line of State Highway 111, as described in the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; THENCE South 85°57' 07" East along said Southerly right-of-way line, a distance of 68.21 feet; THENCE leaving said Southerly right-of-way line South 0129' 20" East, a distance of 507.15 feet, to a point in the Northerly right -of -way -line of said El Paseo Road; THENCE along said right-of-way line South 89°30' 40" West, a distance of 113.03 feet to the TRUE POINT OF BEGINNING; Excepting there from the Northerly 5.00 feet as measured at right angles and adjacent to the South line of that said certain parcel conveyed to the State of California. RESOLUTION NO. SA -RDA 055 EX,BUIT "B'� EXISTING SITE PLAN RESOLUTION NO. SA -RDA 055 --------------------------------- Tim 17 rliii r,- - ---:==---�i F a m f Ile PALMS TO PMIES i ADOMON/REMOOIL d w OctlOdtal •..M t«t RESOLUTION NO. SA -RDA 055 EXHIBIT 4SC19 HE'S PARCEL RESOLUTION NO. SA -RDA 055 Exhibit ".0 rd.. " Legal Description June 16, 1971 Parcel 1 ( Safeway) That portion of the Southeast quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in book 64, page 353 of Official Records, with the center line of that certain 100 foot parcel o land commonly known as ElPaseo Road, conveyed to the County of Riverside by Deed recorded August 6, 1962, as Instrument No. 73929: feet; THENCE South 89*30' 40" West on the center line of El Pasco Road, 1059.46 THENCE North 00 29' 20" West to the North line of El Pasco Road; THENCE continuing North 0129' 20" West, a distance of283.21 feet to the TRUE POINT OF BEGINNING; THENCE continuing North 0° 29' 20" West, a distance of 105.00feet to a point that bears South of 0°29'20" East, a distance of 160.4 feet from the South line of that certain parcel conveyed to State of California by Deed recorded December 24, 1964, as Instrument No. 152892; THENCE North 89° 30' 40 East, a distance of 200.00 feet; THENCE North 0°29' 20' West, a distance of 150.00 feet to the South line of the parcel 1 conveyed to the State of California above referred to; THENCE South 87030' 37" East on the South line of said parcel, a distance of 167.41 feet to an angle point in said line; THENCE South 85057' 07" on the South line of said parcel, 32.93 feet; THENCE South 00 29' 20" East, a distance of 409.78 feet; THENCE South 89030'40" West, a distance of 168.00 feet; THENCE North 0° 29' 20" West, a distance of 166.00 feet; RESOLUTION NO. SA -RDA 055 Exhibit' THENCE South 891130' 40" West, a distance of 323.00 feet to the TRUE POINT OF BEGINNING. Excepting there from the Northerly 5.00 feet as measured at right angles and adjacent to the South line of that certain parcel conveyed to the State of California RESOLUTION NO. SA -RDA 055 EXMIT KD» QUINTO PARCEL RESOLUTION NO. SA -RDA 055 Legal Description June 16, 1971 Parcel (Thriftv) That portion of the Southeast one -quarter of Sectionl9, Township 5 South, Range 6 East, San Bernardino Meridian, in the County of Riverside, State of California, According to the Official Plat thereof, described as follows: Commencing at the intersection of the centerline of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in Book 64, Page 373 of Official Records with the centerline of that certain 100 foot parcel of land commonly knows as El Paseo Road, conveyed to the County of Riverside by Deed recorded August 6, 1962 as Instrument No. 73924; THENCE South 89° 30' 40" West, along the centerline of said El Paseo Road, a distance of 659.46 feet to the intersection of the Southerly prolongation of the East line of the land described in the Deed to Sierra Shopping Center, Inc. a California corporation, recorded August 6, 1970, as Instrument No. 77386 of Official Records; THENCE North 0029' 20" West, a distance of 50.00 feet on said prolongation to a point on the Northerly Right -of -Way line said El Paseo Road, SAID point being the TRUE POINT OF BEGINNING THENCE 89°30' 40" East, along said Northerly Right -of -Way line of El Paseo Road, a distance of 134.17 feet; THENCE North 0*29' 20" West, a distance of 300.00 feet; THENCE North 89' 30' 40" East, a distance of 47.83 feet; THENCE North 0°29' 20" West, a distance of 212.55 feet to a point on the Southerly Right -of -Way line of State Highway 111, as described on the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; THENCE North 850 57' 07" West, a distance of 212.55 feet to a point on the Southerly Right -of -Way line of State Highway 1 11, as described in the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; RESOLUTION NO. SA -RDA 055 THENCE North 85057' 07" West, along said Southerly Right -of -Way line, a distance of 182.57 feet to the East line of the land described in said Deed to Sierra Shopping Centers, Inc. THENCE leaving said Southerly Right -of -Way line South 0° 29' 20" East, a distance of 526.99 feet on said East line to the TRUE POINT OF BEGINNING. RESOLUTION NO. SA -RDA 055 EXHIBIT "E" COMMON AREA IMPROVEMENTS RESOLUTION NO. SA -RDA 055 g PALMTOPWM At lt� n 0 0 0 O Ix.ml l�p 11 nnK..l r � •n�u �� a�'.o.ti �w. +f ��j n 1y.� �I111UOA RESOLUTION NO. SA -RDA 055 EX -IT 66E" EASEM ,NT AREA RESOLUTION NO. SA -RDA 055 a c M 1 m ra 2 N I T 7 I 1 / 1 1 / fII / 1 , 1 lie - I .ii PALUB TO PWE9 / i — i I ADORION / RE11100lL IFS=°— O`q wuot lorw/Inaave y 11 :. ' ."t. O°u0lw.:r.:�°hwra �i� yN � RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated January 14, 1999, and recorded on June 29, 1999 as Document No. 1999-290097 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 EXHIBIT A. LEGAL DESCRIPTION LOTS 1 AND 2, TRACT 2012, AS SHOWN BY MAP ON FILE IN BOOK 40 PAGES 25 AND 26 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM LOT 1, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 000 09' 45" WEST 152.61 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY 31.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 12' 42" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 20, 120.00 FEET; A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 000 25' 57" EAST; THENCE EASTERLY 3.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 00' 41" TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS NORTH 660 48' 08" WEST; THENCE SOUTHERLY 10.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 230 21' 37" TO A LINE PARALLEL WITH AND 22.00 FEET EAST OF SAID WEST LINE OF LOT 1; THENCE SOUTH 000 09' 45" EAST 8.00 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 440 50' 33" WEST 2.83 FEET TO A LINE PARALLEL WITH AN 20.00 FEET EAST OF SAID WEST LINE OF LOT 1; THENCE SOUTH 000 09' 45" EAST 152.61 FEET ALONG SAID PARALLEL LINE TO THE NORTH LINE OF LOT E (ALLEY) IN SAID TRACT NO. 2012 OF SAID MAP; THENCE SOUTH 890 37' 45" 20.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE SOUTHERLY 4 FEET OF LOTS 1 AND 2 AS CONVEYED TO THE CITY OF PALM DESERT, A MUNICIPAL CORPORATION BY DEED RECORDED MARCH 4, 1999 AS INSTRUMENT NO. 88326 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 990304 P6402-00001 aer 0261377 1 rev. 990401 1 RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Memorandum of Disposition and Development Agreement dated July 24, 2006, and recorded on July 9, 2007 as Document No. 2007-0445283 in the official records of Riverside County, California, which Memorandum of Disposition and Development Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 EXHIBIT A LEGAL DESCRIPTION THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM DESERT, DESCRIBED AS FOLLOWS: Lot 17 of Block 1 in Palma Village Unit No. 1 in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 19, Page 68 and 69, of Maps in the office of the County Recorder of said county. 72500.00000\21933484.1 RESOLUTION NO. SA -RDA 055 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Grant of Parking Easement and Covenant Agreement dated April 11, 2002, and recorded on July 11, 2002 as Document No. 2002- 381904 in the official records of Riverside County, California, which Grant of Parking Easement and Covenant Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A and B attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 12016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. SA -RDA 055 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 before me, , 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) RESOLUTION NO. SA -RDA 055 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated . 2016. executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016. and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. SA -RDA 055 EXHIBIT A Legal DescriDtIon of Property That certain real property located in the County of Riverside. State of California, more particularly described as follows: Lots 22 and 23, MB 023/002 Palm Village TR RESOLUTION NO. SA -RDA 055 EXHIBIT B Leaal Descrintlon of Easement Area That portion of the Property depicted as the "Easement Area" on the diagram attached hereto. OLUTION NO• SA RDA 055 RES opt AVM1 MW 20 till, va RESOLUTION NO. SA -RDA 055 EXHIBIT "B" LIST OF EASEMENTS TO BE TRANSFERRED TO CITY -4- EXHIBIT - B RESOLUTION NO. SA -RDA 055 PUBLIC PARKING Dedications, DDA's, Easements & Memorandum of Understanding PARTIES EASEMENT PROPERTY PARCEL NO. RECORDED DOC NO. CUISTOT RESTAURANT 1 PDRDA & Dervieux, Inc. EL PASEO COLLECTION NORTH HWY 111 & EL PASEO 7 PDRDA & CITY & ,lames Cotter & El Paseo Collection North & RUI One Corp (dba Palomino Restaurant) & Stanley B. Rose Co. LA SPIGA RESTAURANT 3 PDRDA & CVFood S—;"�I In Cultraro Group dba La Spiga LIVING DESERT RESERVE, The • PARKING LOT SUBLEASE a PDRDA (Lessee) & The Living Desert Reserve (Lessor) 640-370-009 (Parking) 2003-097803, Public 640-370-011 (Parking) Parking Easement 640-370-010 (Parking) 640-370-003 (Cuistot) 627-192-042 (City) 1999-37150 (1.29.99), Palm Desert Drive S (City) Public Parking 627-192-036 (Cotter) Easement 627-192-034 (Rose) 627-192-037 (El Paseo) 627-192-014 (El Paseo) 640-370-009 (Parking) 2007-0227955, Public 640-370-011 (Parking) Parking Easement 640-37H10 (Parking) 640-370-017 (La Spiga) 2004-0099812, 655-230-019 Memorandum of 630-250-045 Sublease PALMS TO PINES EAST 640-170-015 (Palms2Pines) 2004-0984004, Public 640-170-0D4 (HWS) 5 PDRDA ("Grantee") & American Investment Palms to Pines East & Parking Easement 640-170-007 (Quinto) HWS Palm Desert & Quinto Corporation & Staples & New England 640-170-016 (Staples) Audio ("Grantor") 640-170-008 (New E. Audio) PORTOLA AVENUE, 45-188 , 7 PDRDA &Timothy R. Bartlett 1999-290097Public625-111-033 (letter from Bartlett 212212008 notifying RDA of his intention to Parking Easement transfer property to Heather James Arts & Antiquities) ISAN MARINO CIRCLE 74-039 7 PDRDA & Gregory & Gregory, LLC IWELLCARECLINIC 8 PDRDA & John F. Kennedy Memorial Foundation 2007-0445283, Memorandum of DOA & 625-082-004 DDA 2002-381904, Grant of 627-151-006 Easement 1ofI RESOLUTION NO. 2016-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ACCEPTING THE CONVEYANCE OF QUITCLAIM DEEDS FROM THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AS THEY RELATE TO EASEMENTS ON CERTAIN REAL PROPERTY REFERENCED ON EXHIBIT "B" WHEREAS, The Palm Desert Redevelopment Agency ("Agency") previously entered into that certain Easement Agreements accepting nonexclusive easements for public parking purposes on certain real property as listed on the attached Exhibit "B"; and WHEREAS, the Successor Agency to the Palm Desert Redevelopment Agency (as the successor -in -interest to the Agency) desires to convey its right, title, obligations and interest in the Easement Agreements to the City pursuant to the quitclaim deeds of which are attached hereto as Exhibit A ("Quitclaim Deeds"); and WHEREAS, the City Council desires to accept the interest in real property conveyed by the Quitclaim Deeds; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert that the City hereby accepts the interests in real property conveyed by the Quitclaim Deeds attached hereto as Exhibit A. The form of the deed may be subject to minor, non -substantive amendments as approved by the City Attorney. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the Certificate of Acceptance for the above referenced deeds on behalf of the City, and the Mayor and the officers and staff of the City are hereby authorized to take such other actions as are necessary to carry out the direction as set forth in this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, on this day of March, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 2016-25 EXHIBIT "A" QUITCLAIM DEEDS RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Cleric's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated July 11, 2002, and recorded on February 11, 2003 as Document No. 2003-097803 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO.2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation 0 ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. 2016-25 EXHIBIT "A" TENTATIVE PARCEL MAP 30226 PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. AND KEL No. 6687 Exp. 06/JO/0I PREP � E RVISION OF `` HER " DATE THE KEMi COMPANIES - PAt DESERT 760-348-98" 760-346-9368 RESOLUTION NO. 2016-25 EXHIBIT "A"' A PORTION OF PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, SHOWN AS PARCELS 9, 10 AND 11 OF PARCEL MAP BOOK ap3, PAGES L THROUGH A INCLUSIVE, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 ALONG THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 644.00 FEET AN ARC DISTANCE OF 56.39 FEES' THROUGH A CENTRAL ANGLE OF 5"01'02" TO THE TRUE POINT OF BEGINNING; THENCE NORTH 31036'54" WEST A DISTANCE OF 37.22 FEET; THENCE NORTH 7902254" WEST A DISTANCE OF 13.86 FEET; THENCE SOUTH 2702377" WEST A DISTANCE OF 72.38 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1093.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 11051'43" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °00'23" AN ARC DISTANCE OF 210.06 FEET; THENCE SOUTH 25°13'37" WEST A DISTANCE OF 18.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 24049'16" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00048'41" AN ARC DISTANCE OF 40.00 FEET; THENCE NORTH 25013'37" EAST A DISTANCE OF 16.96 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1293.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 25047'17" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14027'18" AN ARC DISTANCE OF 326.33 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2784.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 32° 17'26" EAST; Pape 1 of 3 RESOLUTION NO. 2016-25 �jw ,*,M'9 1 R i EXHIBIT "A" A PORTION OF PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, SHOWN AS PARCELS 9, 10 AND 11 OF PARCEL MAP BOOK jp , PAGES 6L THROUGH -9 INCLUSIVE, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL I ALONG THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 644.00 FEET AN ARC DISTANCE OF 56.39 FEES' THROUGH A CENTRAL ANGLE OF 5'01'02" TO THE TRUE POINT OF BEGINNING; THENCE NORTH 31036'54" WEST A DISTANCE OF 37.22 FEET; THENCE NORTH 79022'54" WEST A DISTANCE OF 13.86 FEET; THENCE SOUTH 27023'27" WEST A DISTANCE OF 72.38 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1093.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 11051'43" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11000'23" AN ARC DISTANCE OF 210.06 FEET; THENCE SOUTH 25°1337" WEST A DISTANCE OF 18.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 24049'16" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°48'41 " AN ARC DISTANCE OF 40.00 FEET; THENCE NORTH 25013'37" EAST A DISTANCE OF 16.96 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1293.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 25°47'17" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1402718" AN ARC DISTANCE OF 326.33 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2784.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 32° 17'26" EAST; RESOLUTION NO. 2016-25 EXHIBIT "A" %.uu u%w THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22003'04" AN ARC DISTANCE OF 372.55 FEET; THENCE NORTH 62001'24" EAST A DISTANCE OF 17.02 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 644.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 64042'55" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°35'46" AN ARC DISTANCE OF 96.62 FEET; SAID PORTION CONTAINS 117,540 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated October 27, 1997, and recorded on January 29, 1999 as Document No. 1999-037150 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A-1 and A-2 attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. 2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. 2016-25 EXHIBIT A LEGAL DESCRIPTION 72500.00000\21933484.1 RESOLUTION NO. 2016-25 EXHIBIT Art LEGAL DESCRIPTION 72500.00000\21933484.1 RESOLUTION NO. 2016-25 ROBERT BEIM, WILLIAM FROST AND ASSOCIATES 74410 Highway Ill Palm Desert, California 92260 May 31, 1995 JH 301312 Pace Iof2 LEGAL DESCRIPTION PALM DESERT PARKING LOT HIGHWAY 74 AND EL PASEO PARKING LOT EXPANSION that certain parcel of land situated in the City of Pala Desert, County of •Riverside, State of California, being those portions of Old Highway 74 vacated per document recorded August 29, 1974 as Instrument No. 112065 of Official Records, together with those, portions of block "A" of Palm Desert as shown on a Nap thereof filed on Book 21, Pages 50 through 54 of Maps. both in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most northerly corner of Parcel 1 of Parcel Map No. 13584 as shown on a slap thereof filed in Book 59, Pages 90 and 91 of Parcel Maps in said Office of the Riverside County Recorded, said corner being a point on a curve in northwesterly line of said parcel concave southeasterly and having a radius of 900.00 feet, a radial line f said curve from said point bears South 52059,580 East; thence radially from said curve North 52059'58" West 50.00 feet to a point in a curve in the southeasterly line of said block "A" concentric with last said curve and being concave southeasterly and having a radius of 950.00 feet; thence along said curve and southeasterly line, northeasterly 77.56 feet through a central angle of 4040139*1 thence non tangent from said curve North 860071280 Nest 124.99 feet to the non. tangent intersection with a curve in the westerly line of said Block "A" concave westerly and having a radius of 550.00 feet, a radial line of said curve from said point bears South 660001400 Westj thence along said curve, westerly line and the continuation thereof southerly 186.89 feet through a central angle of 19.2841% thence tangent from said curve South 4'30'39" East 22.56 feet to the westerly corner of said Parcel 1 and a point on said curve in the northwesterly line of said parcel. a radial line of said curve from said point bears South 60°56'10" East; ci A RESOLUTION NO. 2016-25 Robert Bain, William Frost and Associates Palm Desert Parking lot Lease Parcel to the City of Pilo Desert Nay 31 1995 JN W312 Pap a of 2 thence along said curve and northwesterly Tina, northeasterly 124.67 feet through a central angle of 70561120 to the POINT OF BEAMING. g CONTAININBs 0.264 Acres, more or less. SUBJECT TO all covenants, rights, rights -of -way and easements of record. EXHIBIT ISO attached and by this reference made a part hereof. S cs 4 GAa �`7 �o L& 3527 x 9 * Ev.8.30.00 � �Nr C �m5_0>19 w nce L. Bacon, 3..5. 3527 EXhi b(� A -I RESOLUTION NO. 2016-25 J 87A1d NM11RY 111 SCAU i 1• w 100' STATE 180HWAY ttl ➢AKER7 SOIJAW \\ raor�plTY 111K/. sOCKA.is. LOT BLOCK 1p*o �B 0.264 AO. d LOT 26 BLOCK 'r•. j , \ till. i INU �e_ y�• PARCEL I rJLL $moo-V /PARCEL 1� I dl/d0•!L i /-jyi ll C.,Il / �j 1.� ` ce-1 1�1- I EL PASEO TABLE OF COURSES N 32-59 5f1" W 50.00' (RAO) 14— a- 04 40 39 R-950.00' L- 77.50' 03 - -- N Bd'07'7B' W 124.99' EXHIBIT "B" o—o-D-4- o -5612' E R:➢�� 124.8� PLAT TO ACCOMPANY A LEaA" DESCFOR SHEET I OF I SHEET HWY. 74 AND EL PASEO PARKING LOT EXPANSION, RRube �$Yost M�Maroolaim TO THE CITY OF PALM DESERT. ,� aN. 301312 MAY 31, 1995 RESOLUTION NO. 2016-25 &Wbk A•2 City hxd RESOLUTION NO. 2016-25 Robat Hein, WDliam Frost & Associates 74-410 Highway 1I1 Palm Desert, CA M60 November 6,1997 JN 301312-M2 Pogo 1 of 2 'Met certain parcel of land situated in the City of Palm Desert. County of Rlversldo, State of CaUfomia, being that portion of the land described in Instrument No.130762 of OQicW Records recorded October 10,1974 lathe Office of the County Recorder of said Riverside County, described oa follows: COMMENCING at the most westerly comer of Lot 24, Block "F" of Palm Desert as shown on a map thereof Ned in Book 21, Pages SO through S4 of Maps in said Oiflce of the Riverside County Recorder, said comer being a point on a curvy In the southeasterly right of way line of Palms to Pines Highway as shown on sold Palm Desert map concave southeasterly and having a radius of 8SO.00 feet, a radial Una ofsald curve from said point bears South 5205825" F.sst; thence along the prolongation of said radial line North 5205875" West 50.00 feet to the TRUE POINT OF BEGINNING, sold point being on it curve In the centerline of said Palms to Pines Highway concentric with last said curve and being concave southeasterly and having a radius of 900.00 feet; thence along said curve and centerline northeasterly 8.20 feet through a central angle of 00031,190 to the begiruting of a non -tangent curve concave northerly and having a radius of 37.50 feet, a radial Mac of said curve ilom said point bean North 41 °45'00" East; thence along said curve easterly 69.60 feet through a central angle of I06°20'45"; thence tangent from said curve North 25024' 15" East 29.55 feet; thence North 641135'45" West 13.64 feet; thence North 45°58'18" West 45.24 fat; thence North 47043' 47" West 21.75 feet to a point on a curve in the northwesterly right of way lino of Palau to Pines Highway concentric with said curve in said centerline and being concave nnuam�uwu¢a�carnwuubum"oo Cjh�^ PCl.i't-al RESOLUTION NO. 2016-25 Robert Beln, William Frost ad Associates November 6,1997 Palm Desert ParWg IAt JN 301312-M2 Perpetual F.asemeat for Maintenance Purposes Page 2 of 2 southeasterly and having a radius of 950.00 feat, a radial 1ha of said curve from said point bears South 47.4347" Fast; thence along said curve and northwesterly right of way line southwesterly 36.95 feet through a central angleofOS•14'38"; thence radially from said curve South 52058250 West 50.00 feet to the TRUE POINT OF BEGINIM0. CONTAiMOs 0.153 Acres, more or less. SUBJECT TO all covenants, rights, rights -of -way and easements of record. EXHIBIT "B" attached and by this reference made a part hereof EN, L.S. 4547 RESOLUTION NO. 2016-25 • s ' t o' 2 0' 3 0' _ �t Sun woxwAY 111 SCALE t 1' - too, }� SIAM Ht6HWAY 111 � -7 � t BLOCK •A ;d�% / w�,'�d�' nor t ALB. zvao-a4. 1/ ` / �yv BLOCK •P: \ i1iAl 3�• % .G. 0 A68.9va0-64. 2 LOT 24, ,.+ 3 BLOCK It",1 M.9.1v60-B4. �1 ( ' PARCEL 9 y /AR06L i P. o. 69/00.91. TABLE OF COURSES Cl. PASCO N 52*58'25" W Saoo' (RAO) (�2 --4- 00,31'19, R-QOO.00' L- 8.20' t�---d• 166U'43' R-37.30' L- 69.60' N 23'I4't 5' E 29.55' 64'JW45� W 13.64' o- N 45'S898 W 45.24' N 47'4W47' W 21.73 (RAO) 80— 4- 03-14*38' R-950.00S8' L- 86.93' R 09 S 52''25' E 50.00' (RAO) EXH1B1T "13" � jOW MENT TO TKE 0. CITY Or P M DESERT PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR SHEET 1 OF 1 SHEET PALM DESERT PARKING LOT — PERPETUAL Robert Beln, lifem msc nssoO ates EASEMENT FOR "�" '. 'M«A tNM +u.- -ow sr.atu MAINTENANCE PURPOSES. J.H. 301312-M2 NOVEMBER 6. 1997 c;I fn-ir.Nl — t=i,. A-2_ RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated March 9, 2007, and recorded on April 4, 2007 as Document No. 2007-0227955 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. 2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation 0 ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. 2016-25 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 25875, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 163, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 72 5 00.00000 \2193 3 4 84.1 RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Memorandum of Sublease dated October 23, 2003, and recorded on February 11, 2004 as Document No. 2004-0099812 in the official records of Riverside County, California, which Memorandum of Sublease pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A and Exhibit B attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. 2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation Robert A. Spiegel, Mayor 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 before me, , 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) RESOLUTION NO. 2016-25 EXHIBIT A Legal. nescrintion IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF THE NORTH''/: OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 6E, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARILY DEPICTED ON EXHIBIT `B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, CONDTIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated March 25, 2003, and recorded on December 10, 2004 as Document No. 2004-0984004 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A through F attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. 2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation An ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. 2016-25 List of Exhibits Exhibit A Al Parcel Exhibit B Site Map Exhibit C HWS Parcel Exhibit D Quinto Parcel Exhibit E Common Area Improvements Exhibit F Easement Area RESOLUTION NO. 2016-25 EXHIBIT 66A59 AIPARCEL RESOLUTION NO. 2016-25 Exhibit A Legal Description June 16, 1971 Parcel 2 That portion of the Southeast quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known as State Highway 74 as conveyed to the County of Riverside by Deed recorded February 9, 1932. In Book 64, Page 353 of Official Records, with the center line of that certain 100 foot parcel of land commonly known as EI Paseo Road, conveyed to the County of Riverside by Deed recorded August 6 1962, as Instrument No. 73929: THENCE South 89030' 40" West on the center line of El Paseo Rood, a distance of 1059.46 feet: THENCE North 0129' 20" West to the North line of ei Paseo Road: THENCE continuing North 0129' 20" West, a distance of 25.00 feet to the TRUE POINT OF BEGINNING. THENCE North 0029' 20" West, a distance of 258.21 feet: THENCE North89030' 40" East, a distance of 232.00 THENCE South 0129' 20" East, a distance of 166.00 feet: THENCE North 890 30" 40" West, a distance of 168.00 feet to a point in the Easterly line of Deed granted to Safeway Stores, Inc. THENCE on a Southernly prolongation of said Easterly line, South 01' 29' 20" East, a distance of 117.21 feet to a point in the Northerly right of way line of said E1 Paseo Road; THENCE along said right-of-way South 890 30' 40" West, a distance of 376.00 feet: THENCE North 44*IT I I" West, a distance of 34.66 feet to the TRUE POINT OF BEGINNING. Excepting there from the Northerly 5.00 feet as measured at right of angles and adjacent to the South line of that certain parcel conveyed to the State of California. RESOLUTION NO. 2016-25 Exhibit "A" Parcel 4 That portion of the Southeast one -quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in Book 64, Page 353 of Official Records, with the center line of that certain 100 foot parcel commonly known as El Pasco Road conveyed to the County of Riverside by Deed recorded August 6, 1962, as instrument NO.739229: THENCE South 89° 30' 40" West, along the centerline of said El Pasco Road, a distance of 659.46 feet to the intersection of the Southerly prolongation of the East line of the land described in the Deed to Sierra Shopping Center, Inc. a California Corporation, recorded August 6, 1970 as instrument No. 77386 of Official Records: THENCE North 0029' 20" West, a distance of 50.00 feet on said prolongation to a point on the Northerly right —of-way line of said El Pasco Road: THENCE North 89030' 40" East, along said Northerly right-of-way line of El Pasco Road, a distance of 134.17 feet said point being the TRUE POINT OF BEGINNING; THENCE North 00 29' 20" West, a distance of 300.00 feet; THENCE North 89030' 40" East, a distance of 47.83 feet; THENCE North 0029" 20" West, a distance of 212.55 feet to a point on the Southerly right -of way line of State Highway 111, as described in the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; THENCE South 85°57' 07" East along said Southerly right-of-way line, a distance of 68.21 feet; THENCE leaving said Southerly right-of-way line South 0°29' 20" East, a distance of 507.15 feet, to a point in the Northerly right -of -way -line of said El Pasco Road; THENCE along said right-of-way line South 89°30' 40" West, a distance of 113.03 feet to the TRUE POINT OF BEGINNING; Excepting there from the Northerly 5.00 feet as measured at right angles and adjacent to the South line of that said certain parcel conveyed to the State of California. RESOLUTION NO. 2016-25 EX ou "B" EXISTING SITE PLAN RESOLUTION NO. 2016-25 g G N 7 O � 0 f f �y f ` ► _ M = �i a, f a f - I m f I f � i £� PALM6TOPN1E8 on taafot a-ntncr000r �I ow" tl� 1H i fin) MHr" rw, tw) �"49 1 i D RESOLUTION NO. 2016-25 EXHIBIT 44SC19 HE'S PARCEL RESOLUTION NO. 2016-25 Exhibit'W' Legal Description June 16, 1971 Parcel 1 ( Safewav I That portion of the Southeast quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in book 64, page 353 of Official Records, with the center line of that certain 100 foot parcel o land commonly known as ElPaseo Road, conveyed to the County of Riverside by Deed recorded August 6, 1962, as Instrument No. 73929: feet; THENCE South 89*30' 40" West on the center line of El Paseo Road, 1059.46 THENCE North 00 29' 20" West to the North line of El Paseo Road; THENCE continuing North 0*29' 20" West, a distance of283.21 feet to the TRUE POINT OF BEGINNING; THENCE continuing North 0° 29' 20" West, a distance of 105.00feet to a point that bears South of 0°29'20" East, a distance of 160.4 feet from the South line of that certain parcel conveyed to State of California by Deed recorded December 24, 1964, as Instrument No. 152892; THENCE North 89° 30' 40 East, a distance of 200.00 feet; THENCE North 0°29' 20' West, a distance of 150.00 feet to the South line of the parcel 1 conveyed to the State of California above referred to; THENCE South 87°30' 37" East on the South line of said parcel, a distance of 167.41 feet to an angle point in said line; THENCE South 85057' 07" on the South line of said parcel, 32.93 feet; THENCE South 0° 29' 20" East, a distance of 409.78 feet; THENCE South 89030'40" West, a distance of 168.00 feet; THENCE North 0° 29' 20" West, a distance of 166.00 feet; RESOLUTION NO. 2016-25 Exhibit' . THENCE South 89030' 40" West, a distance of 323.00 feet to the TRUE POINT OF BEGINNING. Excepting there from the Northerly 5.00 feet as measured at right angles and adjacent to the South line of that certain parcel conveyed to the State of California RESOLUTION NO. 2016-25 �'I ff "D" QMTO PARCEL RESOLUTION NO. 2016-25 Legal Description June 16, 1971 Parcel 3 (Thriftv) That portion of the Southeast one -quarter of Section19, Township 5 South, Range 6 East, San Bernardino Meridian, in the County of Riverside, State of California, According to the Official Plat thereof, described as follows: Commencing at the intersection of the centerline of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in Book 64, Page 373 of Official Records with the centerline of that certain 100 foot parcel of land commonly knows as El Pasco Road, conveyed to the County of Riverside by Deed recorded August 6, 1962 as Instrument No. 73924; THENCE South 890 30' 40" West, along the centerline of said El Pasco Road, a distance of 659.46 feet to the intersection of the Southerly prolongation of the East line of the land described in the Deed to Sierra Shopping Center, Inc. a California corporation, recorded August 6, 1970, as Instrument No. 77386 of Official Records; THENCE North 0-29' 20" West, a distance of 50.00 feet on said prolongation to a point on the Northerly Right -of -Way line said El Pasco Road, SAID point being the TRUE POINT OF BEGINNING THENCE 89030' 40" East, along said Northerly Right -of -Way line of El Pasco Road, a distance of 134.17 feet; THENCE North 01"29' 20" West, a distance of 300.00 feet; THENCE North 890 30' 40" East, a distance of 47.83 feet; THENCE North 0*29' 20" West, a distance of 212.55 feet to a point on the Southerly Right -of -Way line of State Highway 111, as described on the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; THENCE North 85" 57' 07" West, a distance of 212.55 feet to a point on the Southerly Right -of -Way line of State Highway 111, as described in the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; RESOLUTION NO. 2016-25 THENCE North 85057' 07" West, along said Southerly Right -of -Way line, a distance of 182.57 feet to the East line of the land described in said Deed to Sierra Shopping Centers, Inc. THENCE leaving said Southerly Right -of -Way line South 0' 29' 20" East, a distance of 526.99 feet on said East line to the TRUE POINT OF BEGINNING. RESOLUTION NO. 2016-25 EXHIBIT `°E" COMMON AREA IMPROVEMENTS RESOLUTION NO. 2016-25 RESOLUTION NO. 2016-25 EX fT "T" EASE112 .NT AREA RESOLUTION NO. 2016-25 01 c N m r7 Z N rm � -•I m CD 7 y.:. t i - PALM8 PINES i 3 I ADDfT10N /TO REAI00lL Q IMAM* wv iaocc " ` D.YpI �. A ^SCNy1�. l r ..a �. .t.... i RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Cleric's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated January 14, 1999, and recorded on June 29, 1999 as Document No. 1999-290097 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. 2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. 2016-25 EXHIBIT A. LEGAL DESCRIPTION LOTS 1 AND 2, TRACT 2012, AS SHOWN BY MAP ON FILE IN BOOK 40 PAGES 25 AND 26 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM LOT 1, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 000 09' 45" WEST 152.61 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY 31.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 12' 42" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 20, 120.00 FEET; A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 000 25' 57" EAST; THENCE EASTERLY 3.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 00' 41" TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS NORTH 660 48' 08" WEST; THENCE SOUTHERLY 10.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 230 21' 37" TO A LINE PARALLEL WITH AND 22.00 FEET EAST OF SAID WEST LINE OF LOT 1; THENCE SOUTH 000 09' 45" EAST 8.00 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 440 50' 33" WEST 2.83 FEET TO A LINE PARALLEL WITH AN 20.00 FEET EAST OF SAID WEST LINE OF LOT 1; THENCE SOUTH 000 09' 45" EAST 152.61 FEET ALONG SAID PARALLEL LINE TO THE NORTH LINE OF LOT E (ALLEY) IN SAID TRACT NO. 2012 OF SAID MAP; THENCE SOUTH 890 37' 45" 20.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE SOUTHERLY 4 FEET OF LOTS 1 AND 2 AS CONVEYED TO THE CITY OF PALM DESERT, A MUNICIPAL CORPORATION BY DEED RECORDED MARCH 4, 1999 AS INSTRUMENT NO. 88326 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 990304 P6402-00001 aer 0261377 1 rev. 990401 1 RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Memorandum of Disposition and Development Agreement dated July 24, 2006, and recorded on July 9, 2007 as Document No. 2007-0445283 in the official records of Riverside County, California, which Memorandum of Disposition and Development Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. 2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated . 2016. executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016. and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation la ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. 2016-25 EXHIBIT A LEGAL DESCRIPTION THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM DESERT, DESCRIBED AS FOLLOWS: Lot 17 of Block 1 in Palma Village Unit No. I in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 19, Page 68 and 69, of Maps in the office of the County Recorder of said county. 72500. 00000\2193 3484. 1 RESOLUTION NO. 2016-25 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Grant of Parking Easement and Covenant Agreement dated April 11, 2002, and recorded on July 11, 2002 as Document No. 2002- 381904 in the official records of Riverside County, California, which Grant of Parking Easement and Covenant Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A and B attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: 12016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RESOLUTION NO. 2016-25 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 before me, , 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) RESOLUTION NO. 2016-25 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: ACKNOWLEDGEMENT Robert A. Spiegel, Mayor 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, , 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) RESOLUTION NO. 2016-25 EXHIBIT A Legal Descriatlon of Pronerty That certain real property located in the County of Riverside, State of California, more particularly described as follows: Lots 22 and 23, MB 023/002 Palm Village TR RESOLUTION NO. 2016-25 EXHIBIT B Legal Deserintlon of Easement Area That portion of the Property depicted as the "Easement Area" on the diagram attached hereto. RESOLUTION NO. 2016-25 EXHIBIT "B" LIST OF EASEMENTS TO BE TRANSFERRED TO CITY EXHIBIT - B RES01UTION NO.2016-25 PUBLIC PARKING Dedications, RDA's, Easements & Memorandum of Understanding PARTIES EASEMENT PROPERTY PARCEL NO. RECORDED DOC NO. CUISTOT RESTAURANT 1 PDRDA & Dervieux, Inc. EL PASEO COLLECTION NORTH HWY 111 & EL PASEO 2 PDRDA & CITY & James Cotter & El Paseo Collection North & RUi One Corp (dba Palomino Restaurant) & Stanley B. Rose Co. LA SPIGA RESTAURANT 3 PDRDA & Cultraro Group dbe La Spiga LIVING DESERT RESERVE, The - PARKING LOT SUBLEASE 4 PDRDA (Lessee) & The Living Desert Reserve (Lessor) 640-370-009 (Parking) 2003-097803, Public 640-370-011 (Parking) Parking Easement 640-370-010 (Parking) 640-370-003 {Cuistot) 627-192-042 (City) 1999-37150 (1.29.99)1 Palm Desert Drive S (City) Public Parking 627-192-036 (Cotter) Easement 627-192.034 (Rose) 627-192-037 (El Paseo) 627-192-014 (El Paseo) 640-370-009 (Parking) 2007-0227955, Public 640-370-011 (Parking) Parking Easement 640.370-010 (Parking) 640-370-017 (La Spiga) 2004-0099812, 655-230-019 Memorandum of 630.250-045 Sublease PALMS TO PINES EAST 640-17M15 (Palms 2 P i nes) 2004.0984004, Public 640.170-004 (HWS) 5 PDRDA ("Grantee") & American Investment Palms to Pines East & Parking Easement 640-170-007 (Quinto) HWS Palm Desert & Quinto Corporation & Staples & New England 640-170-016 (Staples) Audio ("Grantor") 640-170-009 (New E. Audio) PORT0LA AVENUE, 45-188 7 PDRDA & Timothy R. Bartlett 1999-290097, Public 625-111-033 (letter from Bartlett 212212008 notifying RDA of his intention to Parking Easement transfer property to Heather James Arts & Antiquities) j SAN MARINO CIRCLE 74-039 2007-0445283, Memorandum of DDA & 625-082-004 PDRDA & Gregory & Gregory, LLC DDA WELL CARE CLINIC I 2002-381904, Grant of Easement 627-151-006 PDRDA & Jahn F. Kennedy Memorial Foundation I is RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue 8 Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated July 11, 2002, and recorded on February 11, 2003 as Document No. 2003-097803 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: . 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair 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 ) CK�1i1►�i•Z�7� On before me, , Notary Public, personally appeared , who proved to ►ne 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 instru►nent 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) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation � Robert A. Spiegel, Mayor 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. STAT'E OF CALIFORNIA COUNTY OF On before me, , 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 thc 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) EXHIBIT "A" TENTATIVE PARCEL MAP 30226 PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163� PAGES 34 AND 35, RECOR.DS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. ``�C,��'! E, LK E�( f,y G�nc .. O �� ' No. 6687 „ Eap. 06/30/0� , PR� R aE S P€RVISION OF ' E HER DATE THE KEITH COMPANIES - PA DESERT 760-346-9844 760-348-938Q ' Y'� �I '"� J1 • . � �. •_ . A PORTION OF PARCEL 1 OF PARCEL MA.P 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, SHOWN AS PARCELS 9, 10 AND 11 OF PARCEL MAP BOOK �, PAGES L6 THROUGH I� 1NCLUSIVE� RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 ALONC� THE ARC OF A CURVE CONCAVE EASTERLY HAVING A R.ADIUS OF 6�A0 FEET AN A.RC DISTANCE OF 56.39 FEE�' T'�iROUGH A C�L ANGLE OF S°O1'02" TO THE TRUE POINT OF BEGIlVNING; THENCE NORTH 31°36'S4" WEST A DISTANCE OF 37.22 FEET; THENCE NORTH 79°22'S4" WEST A DISTANCE OF 13.86 FEET; THENCE SOUTH 27°23'27" WEST A DISTANCE OF 72.38 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS O� 1493.50 FEET, WITH A RADIAL LINE OF SAID CURVE'I'EiROUGH SAID POIN'T BEARINCt NORTH I1°51'43" EAST; THENCE ALONC3 SAiD CURVE THROUCiH A CENTRAL ANCiLE OF 11 °00'23" AN ARC DISTANCE OF 210.06 FEET; THENCE S4UTH 25°13'37" WEST A DISTANCE OF 18.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY� HAVING A RADIUS OF 2824.93 FEET, WTI'H A R.ADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 24°49'16" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°48'41" AN ARC DISTANCE OF 40.00 FEET; THENCE NORTH 25°I3'37" EAST A DISTANCE OF 16.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A R.ADIUS OF 1293.50 FEET, WITH A RAI)IAL I.INE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 25°47'17" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE �F 14°27' 18" AN ARC DISTANCE OF 326.33 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2784.93 FEET, WITH A R.ADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARiNG NORTH 32°17'26" EAST; Pape 1 of 3 �rr � • � i • �a a i • E�{HIBI"T •,A„ A PORTION OF PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAF BOOK 163, PAGES 34 AND 35, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, SHOWN AS PARCELS 9, 10 AND 11 OF PARCEL MAP BOOK .�0�3, PAGES 6L THROUGH � INCLUSIVE, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER 4F SAID PARCEL 1, THENCE ALONG TI-iE EASTERLY LINE OF SAID PARCEL 1 ALONG THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS QF 644.00 FEET AN ARC DISTANCE OF Sb.39 FEET THRQUGH A CENTR.AL ANGLE OF 5°Ol'a2" TO THE TRUE P4INT OF BEGINNING; T'HENCE NORTH 31 °36'S4" WEST A DISTANCE OF 37.22 FEET; THENCE NORTH 79°22'S4" WEST A DISTANCE OF 13.86 FEET; THENCE SOUTH 27°23'27" WEST A DTSTANCE OF 72.3$ FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1093.50 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH I1°S1'43" EAST; THENCE ALONC3 SAID CURVE THROUC�H A CENTRAL ANC}LE OF 11 °00'23" AN ARC DISTANCE OF 210.06 FEET; THENCE S4UTH 25°13'37" WEST A DISTANCE OF 18.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SAiD POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT' BEARING NORTH 24°49'16" EAST; THENCE ALONG SAID CLJRVE THROUGH A CENTRAL ANGLE OF 00°48'41 " AN ARC DISTANCE 4F 40.00 FEET; THENCE NORTH 25°13'37" EAST A DISTANCE OF 16.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAViNG A R.ADIUS OF 1293.50 FEET, WITH A R.ADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 25°47'17" EAST; THENCE ALONG SAID CURVE THROUGH A CENTR.AL ANGLE OF 14°27'18" AN ARC DISTANCE OF 326.33 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2784.93 FEET, WITH A R.ADIAL LINE 4F SAID CURVE THROUGH SAID POINT BEARING NORTH 32° 17'2b" EAST; EXHiBIT "A" �m THENCE ALONG SAID CURVE THROUGH A CENTR.AL ANGLE OF 22°03'04" AN ARC DISTANCE OF 372.55 FEET; TFiENCE NORTH 62°O 1'24" EAST A DISTANCE OF 17.02 FEET TO A POINT ON A N4N-TANGENT CURVE, CONCAVE EAS'I'ERLY, HAVING A RA.DIUS OF 644.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARINC} SOUTH 64°42'S5" EAST; TfiENCE ALONCi SAID CURVE THROUGH A CENTRAL ANGLE OF OS°35'46" AN ARC DISTANCE OF 96.62 FEE'T; SAID PORTION CONTAINS 117,540 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. OATE STEWART 71YLE—Riyerglde QR Q�It IJJ: 5-ll-].88�72 �T i�D: 2239r2-.JP Recording requested by and when recorded return to: DOC M Z003-0�7803 !T/li/ZN3 �B:NA F��:NC paq� 1 01 �4 R�eord�d �n OffLciaL R�ao�d� County of Riv��sld� ca�y t, o�.o Ass�ssor, CountY Cl�rk ♦ R�aord�r Palm Dcscn Redcvelopment Agcncy � ��I��� �� ����� N{{ ��� 73-510 Fred Waring Drive `N `���`�1 �� ���� � I,ry Palm Desert, CA 92260 I 11�� �����f Attention: Secretary M e u ��ai au a rco� Maa� w M�e Free Recording In Accordance with Govcrnment Codc Sections 6103 and 27383 �nN?����,„].�T�.,4,.3,,� /�r�cx�runi-� �\.l�gclµu u.�Cit.� Q3.� A R L Corr �d�a � �eru�D r.cMa [ww EASEMENT AGREEMENT � This Easement Agreement is made and entered into as of the lithday of JuZy , 2002, by and among the PALM DFSERT REDEVELOPMENT AC3ENCY, a public body, corporate and politic (che "Agency"); the CITY OF PALM DESERT, a municipal corporation (the "Ciry"); and DERVIEUX, INC., a Califomia corporation d/b/a Cuistot ("Cuistot"). The Agency, the City and Cuistot agree as follows: RECITALS A. The Agency is the owner of that certain real properry located in the City of Palm Descrt, Caunty of Riverside� State of California, describod in Attachment 1 attached hereto and incorporated herein by this reference (the "Agency Properry"). B. Agency and Cuistot ar� parties to that certain Disposidon and Development Agreement datcd as of Ju1y � 1 . 2002 (the "DDA"), pursuant to which DDA Cuistot purchased from the Agcncy certain real property locatod adjacent to the Agency Property (the "Cuistot Property") and agreed ca construct certain iruprovements on the Cuistoi Property, as set forth more specifically therein. C. Agcncy desires to create a public pazking area on the AgCncy Property, which area is depicted in At�achment 2 attached hereto and incorporated herein by this refertnce (the "Easement Area") (the Easement Area also bcing refened to herein as thc "Pazking Lot Site"). D. Agency desires to convey a perpetual non-exclusive eascment to Cuistot for che purposes of vehicular and pedestrian ingress� egress and access to, and parkirtg on, the Parking Lot Site by the customers and em�loyees of the business operated by Cuistot on the Cuistot Property. Cuistot acknowledges and understands that the Parking Lot Siie shall also be used for these purposes by others, including but not limited to visitors to the Eric Johnson Memorial Gardens and the Palm Desert Visitor Information Centet, patrons of another building to be located in the viciniry of the Ageacy Properry, and the public at large. 661864_8.DOC r YS Order Non-Order Search Doc: RV 2003 00097803 Paqe 1 of 24 Created By: Diane Johnson PriMed: 2/2/2016 1137:35 AM PST NOW THEREFORE, in consideration of the mutual covenants and casements contained herein, the parties hereto agree as follows: 1. Definition of Terms. "Agency" means the Palm Desert Redevelopment Agency and any assignee of, or successor to, its rights, powers and responsibilitits. The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the California Communiry Redcvelopmcnt Law. "Agency Property" mcans the real property described in Attachment 1 hereto. "City" means the City of Palm Desert, County of Riverside, State of California. "Cuistot" means those individuals or entities owning in fee or holding leasehold interests in the Cuistot Property. "Easement" means the Easement described in Section 2 of this Easement Agreement. "Easement Area" means thosc ponions of the Agcncy Property subject to the Easement, as described in Attachment 2. "General Public" means the public generally, including but not limited to visitors to and customers of thc business operated by thc Cuistot on thc Cuistot Property. "Parking Lot" means the public parking lot to be developed and operated on the Parking Lot Site as specified herein. "Parking Lot Site" means the Easement Area, as shown on Attacbment 2, attachcd hereto and incorporated by referencc herein. "Projeec Area" means the area of the City subject to the Redevelopment Plan. The exact boundaries of the Project Area are specifically described in the Redevelopmem Plan. "Redevelopment Plan" means the Redevelopment Plan for Project Arca 1, approvcd and adopted by the Cicy Council of the City by Ordivance No. 80 on July 16, 1975. "Site Map" means the map attached hereto as Attacbment 3 and incorporated herein by this reference. 2. asement. The Agcncy hereby establishes and grants to Cuistot a perpetual, non-exclusive easement in, to, over and across the Easement Area for the purpose of allowing the use of the Parking Lot by Cuistot, its employets and c�stomers, and the General Public for the purpose of the pedestrian 6618b4 8.DOC 2 IIIIII 111111 NII Ifll11 II� ffllf IIIIIII III illll 1111 IIN e2 ��� �3'�3�p Order Non-Order Search Doc: RV2003 00097803 Page 2 of 24 Created By: Diane Johnson Pnnted� 2!2/2016 1137:35 AM PST and vehicular ingress, egress, access and parking of passenger vehicles, as described in further detail below (the "Easement"). 'I�e Easemcnt shall be an appurtenant eascment, and shall burden the Easement Area for the benefit of the Cuistot Property and to provide adcyuate paricing for the public at large. 3. Reservation of R�. a. Subject to the Easement asid the terms and provisions of the DDA, the Agency retains the right to use, dev�elop, and maintain the Agency Property, provided that Agency's use of the Agency Properly shall not materially interfere with the use of the es�.sement rights graated herein to Cuistot. b. The Agency hereby c�eserves the right to temporarily close all or any portion of the Parking L,ot as the Agency decros lcgally nccessary and sufficient in order to preveAt ihe dedication ihereof or an accrual of any rights in any particulac person or the pubiic generally, c. The Agency hereby reserves the right to institute reasonable, non- discriminatory ruies and regulations for the usc of thc Parking Lot Site and operation of the Parking Lot in order to ensure the free flow of traffic throughout the Parking Lot. The Agency shall not permit the Parking Lot Site to be used in a maru�er which would interfere with the free flow of vehicular and pedestrian traf�ic throughout the parking Lot. 4. Pernuttai Uses. The parties agree that 1hc Parking I.ot Site shall be used only for the following purposes and for no other purposes whatsoever, unless all parties hereto agree otficnvisc in writing: a Pedestrian and vehicular ingress, egress, access, and vehicular parking by the Qeneral Pablic. Parking shall be permitted only in dcsignated parking stalls, and C�istot si�all be entitled to use no more than seventy-two (72) parking spaces. No portion of the Parking Lot Site shall be used far the repair or storage of ve4ucks; b. The temporary use (including erection of ladders, scaffolding and building wall bairicades) during periods of construction, remodeIing or repair, for ingress and cgress for ve�icles transporting materials and equigment and the use thereof by consttuction equipment; provided, however, all such construction, remodeling or repair of build'mgs and building appurtenarices shall diligently be perforrnea, and any such ladders, scaffolding and barricadcs shall promptly be removed vpon compledon of such work; e. Ti�e maintenance and repair (with replacement, if necessary) of parking sites or stalLs, sidewallcs, ramps, driveways, lanes. curbs, gutters, traffic control areas, signals, traffic islands, traffic and pazking Gghting facilities, planters, planting boxes, edgers, sprinklers, valves, and landscape shrubbery; I���III I�fll) �III �l��II �III II�II IIIIIII �!I II�II III� f��l Bz zee3 a93 �3aaR 661864 B.UOC 3 Order Non-Order Search Doc: RV 2003 00097803 Paye 3 of 24 Created By: Diane Johnson Printed: 2/2/2018 11:37:35 AM PST d. The installation, maintenance and operation of public utilicy services and appurtenances necessary for servicing the improvements on the Agency Property, all of which shall be lacated below the surface of the finished paving or above ground improvements. 5, Walls,� Fences. and Barriers. The Agency sha11 not plant trees or other foliage or erect any walis, fences, or other barriers on the Parking Lot Site which prevent or materially impair the use or exercise of the Easement. 6. Maintenance. a. Ageney shall, at the collective cost and expense of Cuistot, Agcney and all other owners of thc parccls within the Agency Property, on a pro rata basis based upon the number of parking spaces required for each occupant of the Agency Praptrty divided by the total n�mber of parking spaces in the Parking Lot Site, through the payment of common area maintenance charges as required under and pursuant to Section 5.1.2 of the DDA, at all times following and includiag the Ageney's initial construction of the Parking Lot, perform, or cause to be performed, such maintenance as needed to keep the Parking Lot clean and in good condition and repair. Such maintcnance shall include, but not be limited to the following: (1) Maintaining the surfaces in a smoath and evenly covered condition with the type of surfacing material originally installcd, or snch substiarte as sha11 in all respects be equal or superior to them in qualiry, use, and durabiliry; (2) Removing all standing water, papers, debris, iilth, and refuse, and thoroughly sweeping the paved areas, tn the extent reasonably necessary to keep the paved areas in a clean and orderly condition; (3) Maintaining such appropriate parking azca entrance, exit, and directional signs, markers and lights in the manner they are currendy being maintained; (4) Repainting striping, markers, direciional signs, etc., as necessary to maintain them in a first-class condition; (5) Paying all electrieai, watcr, and other utiiity charges or fees; (6) Maintaining and repairing all storm drains and sewers, and all electrical, water, and other utiliry tines or systems which are used in whole or in part to provide services to the Parking Lot or which arc necessary for the operacion of the Parking Lot; (7) Op�rating, keeping in repair, and replacing when necessary, such parking lot lighting facilities as are reasonably required; IIIIII I�I�I) II(f �lf�ll lllf �f�l( �f����( ((( ��fff �f�f f��( ��� B9a ee3eea 661854_8.DUC 4 Order Noo-Order Search Doc RV2003 00097803 Page 4 oi 24 Created By: Dlane Johnson Pnntetl: 2/2/2016 11 37•35 AM PST (8) Obtaining and maintaining in full force and effect commercial general liability insurance and other insurance in aceordance with the provisions of Section 7 of this Easement Agreement; and (9) Maintaining all landscaping in a healthy, fvst class condition, including wecding, trimming, gardening, replacing shnibs and other landscaping, and watering, including repairing automatic sprinkler systems or watcr lines. Cuistot shall be responsible for a pro-rata shar� of thc cost of such maintcnance expcnses in accordance with the DDA. 7. Insurancc. The Agency hereby represents and warranu that it is self insured via iu participadon in a California joint powers insurance authoriry in the aggregate limit of Fifry Million Dollars ($50,000,000.00). Cuistot acknowledges and agrees that� as of the date of this Easement Agreement� Cuistot bas received from the Agency a certificat� of insurancc evidencing such covcrage. Cuistot, Agency and all oiher owners of the pazcels within the Agency Property, on a pro rata basis based upon the number of pazking spaces requirai for each such respective pazry dividcd by the total number of parking spaces in the Pazking Lot Site (i.e. � on the same basis that Common Area Expenses are to be allocated pursuant to the DDA), shall collecdveiy pay the sum of Five Hundred Dollars ($500.00) on an annual basis in order to cover the adtnialsttative overhead and management costs of insuring ttic Parking Lot Sitc. In the event that the Agency is no longer self insured, or the amount of such self-insurance falls below T'hree Million Doliars ($3,000,000.00), the Agency shall, within thirry (30) days, purchase and maintain as a Common Area Expense, a policy of commercial general liabiliry insurance with coverage in an amount of at least Three Million Dollars {$3,000,000.0(}). 8, indemni�cation. a. Excepi as provided herein to the contrary, and except to the extcnt of the neglig�nt or intentional acts or omissions of Agency or its employees, contractors or agents, or the breach of or default under thls Easernent Agreement or the DDA by the Agency, G�istot shall indemnify, d cfend, procect, and hold hannless the Agency from and against any and aU ciaims, losses, proceedings, damages, causes of action, liabiliry� costs and expenses, (including attorneys' fas) arising from or in conneccion wich, or caused by (i) any negligent or intentional act or omission of Cuistot or any lessee, sublessee, Iicensee, concessionaire, contractor, licensee, agent, servant or employee thercof (collectively, "Users"), wheresoever the same may occur, incSuding, without limitation, in connection with any use ot' the Parldng Lot, or any aceident, injury, dcath or damage to any person or propercy occurring in, on or about the Parking Lot� or any part thereof, or from th� conduct of Cuistot's or its Users' businesses or from any activiry, work or thing done, permitted or suffered by Cuiscot or its Users in or about the Parking Lot Site or elsewhere; and/or ('si) any breach or default in the performance of any obligations on Cuistot's part to be performed under the terms of this Easement Agreement ar the DDA, or azising from any negligence of Cuistot, or any such claim or any action or proceeding brought thereon; and in ease any aetion or proceeding he brought against the Agency by reason of any such claim, Cuistot, upon notice from the Agency, shall defend the same at Cuistot's expense by counsel reasonably satisfactory to the Agency. Cuistot, as a material part of the 661864 8.D�C 5 Illlll �II�II IIII �II�II II� �Ilfl �IIII�I III �II�I �III �I�I ea 29� B97ee3eeR Order Nor�Order Search Doc RV:2003 00097803 Page 5 of 24 Created By: Diane Johnson Prirrted: Z/2/2016 11 37:35 AM PST consideration to the Agency, hereby assumes all risk, vis-�-vis the Agency, of damage to property or injury to persons in, upon or abaut thc Parking Lot 5ite arising from any cause other than che Agency's negligence or intentionai acts or breach of or default under this Easement Agreement ar the DDA, and Cuistot hcreby waives all claims in respect thereof against the Agency. These provisions are in addition to, and not ia lieu of, the insurance required to be provided by Section 7 hereof, and the insurance requirernents of Section 7 shall not serve to limit Cuistot's liabiliry under this Section 8 in any manner. Nothing contained herein shall limit Cuistot's rights of contribution from any other third parry on account of damages arising from such third party's negligence or breach of any other agreement between such third party and the Agency. b. Exem�ion of the Agency and the Citv from Liability. Except to the cxtent of the negligcnt or intentional acts or omissions of Agency or its employees, contractors or agents, or the breach of or default under this Easement Agreement or the DDA by the Agency, Cuistot hercby assumes all risks and liabilities of a landowner in the possession, tue or operation of the Parking Lot Sice, vis-�-vis the Agency. Except as provided herein or in the DDA to the eontrary, and execpt to the extent of the negligent or intentional acts or omissions of Agency or iu employees, contractors or agents, or the breach of or default under this Easement Agreerncnt or the DDA by the Agcncy, Cuiscot, on behalf of itself and its lessecs, sublessees, licensees, concessionaires or contractars, hereby agrees that the Agency and th� Ciry shall not be liable for injury to Cuistot's busincss or its lessees' , sublessees', licensees', concessionaires' or concractors' businesses or any loss of income therefrom or for damage to thc goods, wares, mcrchandise or other properry of Cuistot or its Users, or any other person in or about the Parking Lot Site, includiqg any liability arising from the physical condition of the Parking Lot Site or the prescnce of any hazardous or toxic materials or substances on the Parking Lot Site, nor shall the Agency or the Ciry be iiable for injury to the persan of Cuistot, or its Uscrs, whcther such damage or injury is caused by or results from hazardous or toxic materials or substances, fue, steam, electricity, gas, water, or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon thc Parking Lot Site or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Cuistot. Nothing contained herein shall be conscrued as excusing the Agency or the City, however, from liabiliry for the Agency's or the City's negligence or intentional misconduct or breaeh of or defauit under this Easement Agreemenc or the DDA. c. A�ency Liabilitv. The Agency hereby agrees to indemnify� defend, protect, and hold harmless Cuistot from and against any and all claims, losses, proeeedings, damages, causes of action. liability, costs and exgenses, (including attomeys' fees) arising from or in connection with the Agency's construction of any improvements on the Pazking Lot, and any breach or default in the performance of any obligations on the Agency's part to be performed under ihe terms of this Eascment Agreement, or arising from any negligenee of the Agency, or any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Cuistot by reason 661864 8,DOC 6 I Ililil IIIIII IIII lllill Ii� fllll fll�lli Ili ill�I IIII IIil e�� ��s Bo97 ea3�R Order: Noo-Order Search Doc: RV2003 0009780J Paye 6 of 24 Crealed By: Diane Johnson Pnrrted: 2/2/2016 11 37:35 AM PST of any such claim, the Agcncy shall, upon notice from Cuistot, defend the same at the Agency's expense by counsel reasonably satisfactory to G�istot. 9. Non-Discrimination Provision. The Agcncy covenants and agrees for itself, its successors, assigns and every successor in interest to the portion of the Agency Property encumbered by che Easement, or any part thereof, that there shall bc no discrimination against or segrcgation of any person, or group of persons, on account of race, color, religion, crced, national origin, ancestry, p6ysica[ handicap, medical condition, age, marital scatus, or sex in the sale, lease, sublease, transfer, use� occupancy, tenure or eqjoyment of the Parking Lat Site, nor shall the Agency itself, or any person claiming under or through it, establish or permit any such practice or practices of discriminadon or se$re�ation with reference to the seiection, loeation, number, use or occupancy af tenants, lessees, subtenants, sublessees, or vendecs of the Parking Lot Site. 10. Enforcement. a. In the event of Cuistot's default or breach in the performance of any of the obligations or agreements herein, and after written nodce giving Cuistot ten (10) days in which to cure such default, the Agency or Lhe City, or both of them, shall have the right, but not the obligation, to cure such default for the account and at the expense of Cuistot, and the Agency or the City, or both of them, shall have the right to recover from Cuistot all damages� and all costs and other sums expended in connection therewith, including reasonable attomeys' fees, plus int�rest thereon at thc maximum legal rate permitted to be charged by non-exempt lenders under the laws of the State of California, and the Agency or thc City, as the casc may be, may isnposc a licn upon thc Cuistot Property (including the improvemeats thereon). Such lien may be imposed by (i) serving written notice upon Cuistot, which notice shall contain a representation of non-compliance with the provisions of this Section, an expla.nation as to the nature of tht particulaz obligatian, and a description of the Cuistot Property, and (ii) by duly recording a eopy of such notiee in the Official Recards of Riverside County, Califarnia. The prioriry of such lien shall be determined as of the date of filing the same of record; provided, however, any such iicn shall nevertheless be subject and subordinate to the lien of any mortgage or deed of trust now or hereafter covoring any portion of the Cuistot Properry. Such licn shall concinuc until fully discharged, but in no event longer ihan �ve (5) years from the date of recordation, and may be foreclosed by a judgment at law or by means of a power of sale in accordance with the iaws of the Stace of California pertaining to foreciosure of mortgages with a power of sale. Such lien shall secure not only the amount statod in the aforesaid notice, but also the reasonabie costs and expenses of enforcing the same, including interest at the rate provided herein and reasonabl� attomeys' fees. In addition, in the event of Cuistot's default, the Agency or the City, or both of them, may pursue any other remedies or proceedings available to it at law or in equiry. The Agency or the Ciry may, in any such procceding, rccover damages from or on aecount of such violation; secure by way of specific performance or otherwise the performance of such covenant, condition, easement or restrietion; or obtain any othcr remedy provided for at law or in equiry. b. In th� event of Ag�ncy's default or breach in the performance of any of the obligations or agreements hereiu, Cuistot shall have the remedy of specific perforn►ance of this Easement Agreement, in addition to all othet remedics available at law or in equity, and Cuistot shall have the 661864_8.DOC 7 II�II) III�II II1I �I��II II� IIIII �I�IIII III I�III IIII I��I a2 �e ��3��aaR Order Noo-Order Search Doc: RV2003 00097803 Page 7 oi 24 Created By Diane Johnson Pnrried: 2/2I2016 11:37:35 AM PST right to recover from the Agency alt damages, and all costs and other sums expended in conriection cherewith, including reasonable attorneys' fees, plus interest thereon at the maximum legal rate permitted to be charged by non-exempt lenders under the laws of the State of California. 11. Miscellaneous. a, Termination of Liabilitv. Whenever a bona fide transfer of any interest in any of the Agency Property takes place, thc transferor shall not be iiable for breaeh of a covenant occurring thereafter with respect to the transferred interest. b. Notic . Unless otherwise specifically provided in this Easement Agreement, all notices, demands or othcr eommunications required or permitted to be given to the Agency and ihe City or Cuistot shall be given in writing by first class U.S. certified or registered mail, postage prepaid, and return rcceipt reqaested; by a nationalty recognized overnight courier service such as Federal Express; or by personal delivery. Notices shall be considered given upon the earlier of (a} personal delivery, (b) the next business day following deposit with a nationally recognized overnight courier service such as Federal Express, or (c) three (3) busincss days following dcposit or delivery ahown on the return receipt in the United States mail, postage prepaid, certified or registered, return receipt requested. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice; To Agency or City: Executive Director Paim Descrt Redeveloprncnt Agcncy 73-510 Fred Waring Drive paim Desert, CA 92260 Phone: (760j 346-0612 Fax: (7b0) 341-6372 With a copy to: Richards, Watson & Gershon A Prafessional Corporadon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Attention: William L. Strausz, Esg. Telephone: (213) b26-8484 Facsimile: (213) b26-0078 To Cuistot: Dervieux, Inc. 73-505 )uniper Street Palm Deseri, California 92260 Attcntion: Bernazd Dervieux, President 'Telephone: (760) 346-1320 Facsimile: (760) 346-9745 661864 S.DOC � 8 I I�I�I! ��II�� �!I! �I��I! ��II �IIII �I�I'I� III �III1 I�II I�I( ��eee e��e3a� Ortler Non-Order Search Doc: RV:2003 00097H03 Paye 8 of 24 Created By: Diane Johnson Prirrted: 212I2016 11:37:35 AM PST With a copy to: Hill Walker 1111 Tahquitz Canyon Way, Suite 117 Palm Springs, California 92262 Attention: Sharyl Walker, Esq. Telephone: (760) 864-9800 Facsimile: (760) 864-9816 c. Gender. The usc herein of the neuter gendcr shall include the masculine and the feminine, and the singular number shall include the plural, whenever the contexc so requires. d. No Third-Par,ty�gne ciaries. Na person shall have any enforceable rights under this Eascment Agrcement other than the parties hereto and cheir successors and assigns. notwithstanding any provisions hereof which cantemplate that other persons may exercise certain privileges, or any r�fercnces hcre'sn to the Gcncral Public. e. No Waiver. No waiver by the Agency or the City of a�ny default of Cuistot shall be implied from any omission by the Agency or the City to take any action in respect of such defautt. No express waiver of any dcfault shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more waivers of any default in the perforniance of any term� provision or coveaant contained in this Easement Agreement sha11 not be deemed a waiver of any subsoquent default in the performance of the samc term, provision or covcnant or any other term� provisioa or covenant contained in this Easement Agreement. The consent or apgroval by the Agency or the Ciry to or of any aet or request of Cuistot requiring consent or appraval shall not be deemed to waive or render unnecessary the consent or appraval to or of any subsequent similar acts or requests. The rights and remcdics givcn to the Agency nr the Ciry by this Easement Agreement are cumulative, anci none of such rights and remedies sha11 be exclusive of any of the others, or of any other right or remMy at law or in equity which the Agency or the City might atherwise have by virtue of a default under this Easement Agreement. f. E��nu� Certificates. Cuistot covenants that upon receipt of written requcst from the Agcncy or the City, Cuistot shall, within fifteen (15) days aher receipt of such request, give to the Agency or the City or other person specified by the Agency or the Ciry, an estoppel certificat� stating: (i) wh�cher Cuistot knows of any default by the Agency under this Easement Agreement� and if there aze known defaults, specifying the nature thereof; (ii) whet�er to Cuistot's knowledge any provision of this Eascmcnc Agreement has b�en assigned, modifiod or amended in any way (and if it has, then stating the nature thereo fl; (iii} that to Gi�istot's knowledge, this Easement Agreemcnt, as of thc datc of the escoppel cercificate, is in full force and effect; and (d) any other information reasonably required by the Agency or the City. g. Amendment. This Easement Agreement may bc cancelled, changed, modified in whole or in part only by the written and recorded agreement executed by ail of the parties hereto. 1 II�III II�I11 �I�) ���III ��ll ({�II (il��Il �II (�III (�II I��� e2?ee 9 os�3aaR 661864_8.DOC E Order Non-Order Search Ooc: RV2003 00097803 Pape 9 of 24 Created By: D�ane Johnson Printed: 2/2/2016 11 37:35 AM PST h. Ne�tation of Partnershin. None of the terms or provisions hereof shali be deemed to create a partnership between or among the parties hereto, nor shall it cause them to be considered joint venturers, or members of any joint enterprise, in the operation of the Parking Lot or otherwise. i. Encire A reement. This instrument contains the endre agreement of the parties hereto as to th� rights herein granted and the obligations herein assumed, and no orai representation shall be of any force or effect. No modification of this Easement Agreement shall be of any force or effect until signed by the party to be charged. j. Severabilitv. Invalidation of any covenant� condition, or restriction or any other provision contained herein or the application thereof to any person or �ntity by judgment or court order shall in no way affecc any of the other covenants, conditions, restrictions, or provisions hereof, or che applicatian thereof to any other person or entity, and the same shall remain in ful] force and effect. k. Headins�s, The caption headings of the various sectioas and paragraphs of this Easement Agreemenc are for convenience and identification only and shall not be deemed to limit, expand or dcfine the contents of the respective sections or paragraphs. 1. Attorneys' Fees. In the eveat any party hereto shall commence any action against any other party relating to this Easement Agre�ment or for the breach of any obligation concained herein, the grevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, cxpenses, and court costs. m. Time of Essence. Time is of the essence of each provision of this Easement Agreernent in which time is an element. n. California Law. This Easement Agreement shall be construed in accordance with the laws of the state of California. o. No Partnership. Nothing in this Easemcnt Agreement shall deem Cuistot and Agcncy as partners or joint venturers. p. Aizreement for Exclusive Benefit of Partics. The provisions of this Easement Agreement are for tho cxclusivc beneft of the partics hereto and not for the beneftt of any other person, nor shall this Easement Agreement be deemed to have conferred any rights, express or implicd, upon any third person. q, Successors and AssiAns. This Easement Agreement shall be binding upon and inure to the benefit of tho parties hereto and the respective successors and assigns and grantees of such parties. Cuistot hereby acknowledges that it is the intent of the Agency to convey the Agency Property to the City. I I�II�) ��IIII ��Il �1IIII IIII I1II� ��I�I�I �� �1��11 II� I��I e2 26A e� £e�e24eea 661864_8.DOC IO Order Non-Ortler Search Doc� RV 2003 00097803 Page 10 of 24 Created By: Diane Johnson Printed: 2/2l2016 11:37:35 AM PST r. Written and Reasonable Consent Required. Except as otherwise may be provided in this Easement Agreement, whenever a pazry is requested to consent to or approve of any matter with respect to which its consent or approval is required by this Easement Agrecment, such consent or approval, if given, shall be given in wriring. Whcrever• a party is required to obtain the consent or approval of another party, such consent or approval shall not be unreasonably withhcld and shail be given in writing within a reasonab1e peciod of time; provided however� that this provision sha11 not apply where this Easement Agreement specifically states that such conscnt or approval may be unreasonably withheld or is subject to the sole discretion of any party or words of similar import. s. Covenants Run With the Land. It is intended that thc covcnants, eascments, agreements, promiscs and duties of each penson and owner as set forth in this Easement Agreement shall be construed as covenants and not as eonditions and that all sueh eovenants shall run with the larid and be enforceable against both the covenantor and the land or constitute equitable servitudes as betwcen the Agency Property as the servient tencment, and tho Cuistot Properry as the dominant tenement. t. Countc�arts. This Easemcnt Agreement may be signed in severa] countecparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument. {Signatures on foilowing page} I llllll Ililll IlII IIIIII flll Ifill 1111111 NI IlIIII 111 Ilfl e2 ���e�B:eaR 66 ] 864_8.DOC li Order NorFOrder Search Doc RV:2003 00097803 Page 11 of 24 Created By: Diane Johnson Prirried: Z/2/2016 11:3T35 AM PST IN WITNESS WHEREOF the parties hereto have cxecuted this Easement Agreement as of the date and year first above written. : Agency: PALM DESER"T REDEVELOPI�NT AGENCY, a public body, corporate and politic Cuistot: DERVIEUX, INC., a California corporation d/b/a Cuistot � � � / � /. ,/�.'J� � _ • � .•�� �� ; _� � � • � � � . Attest: Secretary : �.� g�� D, � City: . � CITY OF PALM DESERT, a municipal corporation � By: Richard S. Kelly, Mayor Attest: Rachelle D. Klassen� City Clerk APPROVED AS TO FORM: Richards, W/�atson & Gershon, a professional corporatiolf 1 . William L. Slraus�.AAency Counsel 1 I�II�I I�II�I IIII IIIIII IIII �IIII IIIIII) III ��II�1 III II�I B`'l�3 � r6 24B6R 661864_8.DOC �2 Order: Non-Order Search Doc: RV:2003 00097603 Paye 12 of 24 Created By: Diane Johnson PnMed: 2/2/2016 11:37:35 AM PST State of California } } ss County of Riverside } � On� i`1 2002, before meK��Y1 'ti�t1 v'c�✓1� , a Nocary Public, personally appearcd Y, 1,�Q Y V�IQ_U�C .•�xrsvnaiiv- -�owrrto-t�e {or proved to me on the basis of satisfactory evidence) to be the person�} whose name(�aj is/�e-st�bscribed to the within inswment and acknowiedged to me tbat he/s�ttcheq-txecuted the same in his/her�t�ei�-authorized capaciry(i�}� and that by hisWe�eir sigaature�) on the instrument the person(,�'J� or the entiry upon bchalf of which the personl�f acted, executed the instrument. WITNFSS my hand and official seal. Signaturc `��b`'l/`U2��7�'��� ' ROBlN H�tfIpING •� Commission �M ��2 (seal) ; �'-�e: ��;� Nofay PubliC - CaAfomiq �,� R►vealde County �.�Y C:orrvn. F.x� �,,�, 20CLi State of California Counry of Riverside } ss On . 200 � bcfore me, .� Natary Public, personally appeared nersonally known to me (or proved to me ou the basis of satisfactory evidcnce) to bc the person{s) whose name(s} is/are subscribed co the within instrument and acknowledged to me that he/she/they execuced the same in his/her/their authorizod capacity(ies), and tiiat by his/her/their signature(s) on the instrument the person(s), or the entiry upon behalf of which the person(s) acted, executed the instrumcnt. WITNESS my hand and o�cial seal. Signature (seal) ����`� I��II� ��I� ��IIII ��{� Iflil Iflllll lll IIl11I 1�) I,I� e2i�^i�ir23e�e fe�eaA Order Noo-Order Search Doc RV:2003 00097803 Paye 13 of 24 Created By: Diane Johnson PriMed� 2I2/2018 11:37 35 AM PST �1?C 0� State of California } } ss County of Riverside } p� 200Z before me, UP� t a Notary Public, personally appeared S. (l ersonally known to me ( ) to be the person�l whose name� is subscribed to the within instrument and acknowledged to me tha e�e�they executed the same in is hes�ltheir authori2ed capacity(iec), and ttiat by�'lterliheir signatur�s,l on the instrument the person�, or the cntiry upon behalf of which the person(s} acted, executed the inswment. WITNESS my hand and official seal. VERONICA TAPIA ' Commisslon i 12245l7 I Notary Publk - CalMomla (seal) j RNers�d� Courttp � M� Cartrri E�M� Jurt 14� 2003 Stace of California } } ss County of Riverside } p } 7 2002 before me, r nita. Tap�o�- , a Notary Public, personally appeazed . a h ��' �- 1 55�� . oersonally Scnown to me ( ' ) to be tbe son� whose namc�) �s subscribed to the within instrument and acknowledged to me that exccuted the same in�hic e 1t�ir authorized capacityZiCs), and that by Itis�d�' signaturei(s,1 on the inswment the person� or the cntiry upon behalf of which the person�s� acted, executed the insuument. WITNESS my hand and official seal. Signature „Q�-�!�%2(.�a.J (seal) VERONIG Z/1py� commis�ion s 122s5a7 � Nolary Public - CaNfomia � Rna�Jd� Co�rety - A1l'COnf�n �.A+r11<.20Q3 Illlll IIIIII Illl i1110 Illl Illll Illllil lll IIIIII III NII a2�� � fse 4a� Order Noo-Ortler Search Doc: RV2003 00097803 Page 14 of 24 Created By Diane Johnson Prirned: 2/2I2018 11 37•35 AM PST List of Attachment� Attachment 1 Attachment 2 Atcachment 3 Agency Properry Easemcnt Area Site Map 11��I11 I��III �III �I��II �III ����I �I�III� �Il ��{III I�I I�� °u eA 2�0 � 4eaR Order Noo-Order Search Doc: RV 2003 00097803 Page 15 of 24 Created By Diane Johnson PnMed: 2l2I2016 11 37:35 AM PST Attachment 1 L.egal Description of Agency Properry I�III� IIIIII �III II�III �III IIIII IIIIIII III (�IIII III IIII � 2ee z� ee 4� Order Noo-Order Search Doc' RV2003 00097803 Page 16 of 24 Created By: Diane Johnson Pnmed: 2l2/2016 11 37:35 AM PST EXHIBIT "A" TENTATIVE PARCEL MAP 30226 PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SH�WN IN PARCEL MAP BOOK 163, PAGES 34 AND 35� RfiCOR.DS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. 111111111111 I{ll Illlll i11111111 lllllll NI 111111 lll Illl e2 �� �� £�:� O: w0738�40738.00�survey�LEGALLL.EG-ALL. doc TKc x ao�aa.00.00a ���'�� KE((f.,�,�fC s' C, t � o � No. 6687 � E.v. a/so/a % � �. �. �P Paye 1 of 1 PR� R E S RVISION OF . E HER �A� THE KEIT}i COMPANIES - PA DESERT 760-346-9844 780-348-9388 Order Non-Order Search Doc RV�2003 00097803 Page 17 of 24 Created By Diane Johnson Pnnted 2/2/2016 1137�35 AM PST �tachment 2 Easement Area �I���1 ��I�II �w�l ����I� �11i I��1� ���1��I IIV l�N�� ��1 ���� ��� a ocee 4eeR Order Non-Order Search Doc: RV:2003 00097803 Page 18 of 24 Created By Diane Johnson Pnrrted• 2l2/2016 11 37:35 AM PST :rr:�.��.1 ;��r��i •� EXHIBIT "A" A PORTION OF PARCEL 1 OF PARCEL MAP 25875, IN THE CITY OF PALM DESERT, AS SHOWN IN PARCEL MAP BOOK 163, PAGES 34 AND 35, RECORDS �F RIVERSIDE COLJNTY, STATE OF CALIFORNIA, SHOWN AS PARCELS 9, i0 AND 11 OF PARCEL MAP BOOK �03, PAGES,� THROUGH 1, INCLUSIVE, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE 50U'fHEASTERLY CORNER OF SAiD PARCEL 1, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 ALONG THE ARC OF A CURVE CONCAVE EASTERLY HAVING A R.ADIUS OF 644.OQ FEET AN ARC DISTANCE OF 56.39 FEE�' THROUGH A CENT�L ANGLE OF 5°O1'02" TO THE TRUE P4INT OF BEGINNING; THENCE NORTH 31 °36'S4" WEST A DISTANCE OF 37.22 FEET; THENCE NORTH 79°22'S4" WE5T A DISTANCE 4F 13.86 FEET; THENCE SOUTH 27°23'27" WEST A DTSTANCE OF 72.38 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1093.54 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT' BEARING NORTH 11°51'43" EAST; THENCE ALONG SAID CURVE THR4UC3H A CENTR.AL ANGLE OF 11 °00'23" AN ARC DISTANCE OF 210.06 FEET; THENCE SOUTH ZS°13'37" WEST A DISTANCE OF 18.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, WIT'H A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 24°49'16" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°48'41" AN ARC DISTANCE 4F 40.00 FEET; THENCE NOR'i'H 25°I3'37" EAST A DTSTANCE OF 16.9b FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS �F 1293.50 FEET, WITH A R.ADIAL LINE OF SAII7 CURVE THROUGH SAID POINT BEARING NOR'I'H 25°47'17" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°27'18" AN ARC DISTANCE OF 326.33 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVI�IG A RADIUS OF 2784.93 FEET, W[TH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 32°17'26" EAST; I I��III ��I�I� �III �IIIII �III IIIII �I�IIII (I) ��I��� III I��I 82 �e ? aof°8 4P� Pppe 1 of 3 Order Non-Order Search Doc: RV:2003 00097803 Page 19 oi 24 Created By: Diane Johnson PriMed: 2/2I2016 11:37:35 AM PST EXHIBIT "A" �� THENCE ALONG SAID CURVE T�HROUGH A CENTRAL ANGLE OF 00°3b'20" AN ARC DT5TANCE 4F 29.a3 FEET; THENCE NORTH 29°58'24" EAST A DTSTANCE OF 60.74 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1630.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°11'S3" AN ARC DISTANCE OF 318.57 FEET TO A POTNT ON A N�N-TANGENT CURVE, CONCAVE SOUT'HWESTERLY, HAVING A R.ADIUS 4F 515.00 FEET, WITH A R.ADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 33°O1'OS" WEST; THENCE ALONG SAID CURVE THROUGH A CENTR.AL AI�'GLE OF 11°16'S8" AN ARC DISTANCE OF 101.41 FEE?; THENCE SOUTH 84°56' 19" EAST A DISTANCE OF 24.04 FEET; THENCE SOUTH 55°49'19" WEST A DISTANCE �F 63.52 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIL'S OF a68.00 FEET, wITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOL'TH �5°O1'36" WEST; THENCE ALONG SAID CURVE THROUGH A CENTR.AL ANGLE OF 07°27'45" At� ARC DISTANCE OF 60.9� FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A R.ADIUS OF 1466.04 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 50°49'OS" EAST; THENCE ALONG SAID CURVE THROUGH A CENTR.AL ANGLE OF 07°23'15" AN ARC DISTANC£ OF 189.02 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHfiASTERLY, HAVING A RADNS OF 1168.Q0 FEET, WITH A R.ADIAL LINE OF SAID CURVE THROUGH SAID POTNT BEARING NORTH 34°39'07" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°21'24" AN ARC DISTANCE OF 88.81 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 968.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARP.�1G N4RTH 30°17'44" EAST; I I��III I�I�II III) �I�III III) ���II �I�I��I II) �II�III �I I��I �?es 2e 3� �� P�9a 2 of 3 Order Non-Order Search Doc: RV2003 00097803 Page 20 of 24 Created By: D�ane Johnson Pnnted: 2l212018 11:37:35 AM PST EXHiBIT "A" �� THENCE ALONG SAID CURVE TNROUGH A CENTRAL ANGLE OF 22°03'04" AN ARC DISTANCE OF 372.55 FEET; THENCE NORTH 62°41'24" EAST A DISTANCE OF 17.02 FEE'T TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVITIG A RA.DIUS OF 644.00 FEET, WITFi A RADIAL LINE OF SAID CURVE THROUGH SAID POINT' BEARINO S�UTH 64°42'S5" EAST; THENCE ALONQ SAID CURVE THROUGH A CENTRAL ANGLE OF 08°35'46" AN ARC DISTANCE OF 96.62 FEE7; SAID PORTION CONTAINS 117,540 SQUARE FEET, MORE OR LESS. THE ABOVE DE5CRIPTION BEING SHOWN ON TI�E ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. {I�11f 111111 I{1! f11111 illl lfNllllllfl {f{ Ill{I11 I{ 11i1 eP 2e� B ofee;eBR P�pe 3 d 3 1�KEITHSC01 Wet-01407384t073a.004unroylLEC�ALU.EGpqRg.� t,doe TH� KEITH COMPANIES • PALM DESERT 7KC # 40738.Q0.000 7H0-346.pgs4 pATE 760-346-9368 Order Norr,Order Scarch Doc� RV:2003 00097803 Pa�e 21 of 24 Creatcd By: Diane Johnson PriMed: 2/2/2016 11:37:35 AM PST I����I II�I�I III� �II�� IIII ��I�I I�II��I I�I ��I��u II III� BZ,� 2� fB�8�ae8R EXHIBIT "B" oo� � � � `�6� oo� �`� / \g. a°� %tj�`�~� h11 �i��o`� �`0. �� � ���� i���1� ���ti ����` � b��� �^r <�ti`�1 �ti�' � �` a,, R�s�,, \.,o� *oo se• N84S6'19'W \i► 24.04' � , O� �`�1� � �� � �1� "� o / �` ��O �,�� / 'yr° / . � �� � �`'h�� � .h� / � / ; PARCfL 10 � - � � �y i i`��j .,�t 1 � ' PARCFI 1 ! A-00'36'2�' R-2784.93' 1=29.�3' � ` N5549'19'E _.�--- 63.52' A�OT27'45' � R•468.00' L�60.95' \� \�\ � ���'�J \ v /� ��0�• /` \ �r� a /F�,`� ���5 k,'� 'Q�l��/ �,� Q 'L i�3 I `��a���� ��6 S N N�i�� ?p. v" ,y �� � % \ j% CURVf TABLE CURVE DEITA RADIUS LENGTH C1 0501'Oi 64�.00' S6.39' C2 0�35'45' 644.00' 96.62' C3 p4'S7'38"' �824.43' 244.57' C4 pQ48'41' 2824.93' 4Q.00' \ � 4� 90 ��A ��� rF�Ra `�66 Q�??. Q'je. ��'a• �1�\�� 0,l�O*, . `6*'*?s • . � ��, � �� R+g68 � � w�R� ry� \�'��,� ��?gJ PARCf1 9 � ��/��� `I ��Q� 1.��� s � \ \ � �?8 's0. ,� /�C /,�0 4�� S h o � ?* 9,1" � •�? ,•� ��; ��,`� � ,,,ti/ � � o p A' !`9p 6;1J, ?`�'���?�� n�'� w! T.P.0.6. M. �/ V\ � �8' �� i � � Tp c;' � � � � Rs�p` c* � R•,o9� so,, oo,? J. � �� �ti�" ,,� O ,,., CL! y � �a, �� '� � — � �• Db � � ti ��'.3�� "� (� � �J ? ~, v � � UNE TABLE \ , ?� 6 � 1 4 UNE BEARlNG L£NCiH T1 N3r36'S4'w 37.22' � � � � T2 N��22�54'w 13.86� \ P.0.8. � �Ll T3 At2S' 13'3T E 16.60' 1 ' T� N2513'3TE 16.96' $CA�� 1~=1 ��� j TS N6T01'24'E 17.02' rT- T6 N5555'O�E 41.27' PARCELS 9, 10 & 11 PM 30226 PREPAREO UNDER THE SUPERVISION Of; The Keith Companies � � t- 863 Boo.a.o�r. SuJt� 1 p�, Po1m p�tal. G 922 � 1 (760) J�6-9E<I ,�� �: � � �t l�/4/a/ DALE K LLEHER DATE: LS 6687 EXP. 6-30-04 E KEl(F� No. 6687 E�. 06/3o/Ot E' p� Order Non-Order Search Doc: RV:2003 00097803 Page 22 of 24 Created By: Diane Johnson Prirtted: 2I2/2016 7 7:37:35 AM PS7 Attachment 3 Site Map I�IIII (���II ��II (�IIII ��I1 �I�II �I�I�II III ��lll�l �I IIII e� zee �� f� 4aaR Order Non-Order Search Doc: RV:2003 00097803 Page 23 of 24 Created By: Diane Johnson Pnrrted: 2I2l2016 11:37:35 AM PST RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated October 27, 1997, and recorded on January 29, 1999 as Document No. 1999-037150 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A-1 and A-2 attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair 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 before me, , 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) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation � Robert A. Spiegel, Mayor 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 validiry of that document. STATE OF CAL[FORNIA CK�1�1�f111'L�l�l On before me, , 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, executcd the instrument. I ccrtify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNI;SS my hand and official seal. Signature (Seal) EXHIBIT �kl LEGAL DESCRIPTION 72500.00000�21933484.1 ROBERT BEIR. NILLIAlI iROST Ak0 ASSOCIATES 74410 H1gh�+ay ill Pal■ Oesart. Californta 92260 , Nay 31� 1995 JN 30131Z Pap� 1 ot 2 I.EGAL DESCRIPTION PALN �ESERT PAAKINB_LOT NIGHHAY 74 AND EL PA5E0 PARKINB LOT EXPANSION Thtt certaia parcel ot land sltuated 1n th� City ot Pals Des�rt� County ot Riverside� Sta�te ot Ctllforale� be1nQ those portlons ot Old Hlphwa�y y4 vacated par doeuoent reeorde6 Aupust 29. 1974 as Instrurent No. 112065 of Otficial Records. together Mith those portions ot alock 'A" of PA1p Desart as shown on a N�p thoreot f11ed on Book Z1, Pages 50 throuph 54 of Naps, both ia the Offica nt the County Recorder ot said River:lde Coaety. describad as tolloyss BE6INHINB at the oost northerly corner ot Pareet i of Parcel Hap No. 13584 as shown on a oap thenof filed in Book 59. Pa��s 40 �ad 91 of Parc�l Maps in said Gifice oi the Riverside Couaty Recorded� said corner being a point on a eurva in northwesterly lina of sald pareal concays southaasterly and h�ving a radlus of 900.00 taat. a radial line f said curve froa said point baars South 52°59'58' F.ast= thence radially from satd curve North 52°59'S8" Nest 50.00 fest to a point in a euree fp the southeasterly line of sald Block "A" eoneentric rlth list said curve and beinq concave southeastarly tnd haviny a rtdius of 950.00 feet= thence aiong sald wrve and southeasterly tine. northeastorly 71.56 feet through a central anple of 4°40'39'i thence non tengent frar ssid curve Itorth 86°07'28" Nest 124.44 feet to the non- tangent intersection wlth a curvs in th� westarly line of said 81ock "A" concave westerly and having a radius of 550.00 feet. a radtal line oi said eurve frae seid point bears Soutfi 66°00'40" Wast� thence alony said curre. westerly line and the canttnuation thereof southerly 186.89 feet throuph a central aagle of 19°28'41`i thence tanp�nt fros said curve South 4°30'39" East 2Z.66 feet to the westerly torner of said Parcel 1 and a point on said curve in the northwasterly line ot said parcel. a radial line ot said curv� fraai said polnt bears South 60°56'10" Easti ' J' PVIcV b'l�b"Ce ��,�b,+� �� � Robert Be1n� Y1111�m Frost and Associ�t�t P�ls Oes�rt P�rkiny lot Leas• Pircel to tho City of Ptlo Oesert ��11�01312 Page 2 ot Z thence tlang siid curv� ind northwesterly �ltne� northe�sterly 124.67 feet throu h a centr�l �nqle af 1'S6'12' to the POINT OF BEGINHING. 9 CONTAIMIN6s 0.261 Acreft� aor� or lesa. SUeJECT TO �]t covenznts� rights� rf9hts-af-w�y znd e�sements of record. EXHIBIT 'B' attiched �nd by thls raforence �ide � part hereof. �� �D SG\ 5 �ce c, � ��J� �c°x��°o L.S. 352T * Erp. 8 • 30 • 66 * ��� �'7�OF CA1.`� „ � %���GGG /'' ���� awrenc4 . acon� . . 3�7—'— �p �Y �c� dc-�e� x fil bt� A � � ��� � �� �:,•.,� ` AAI� I/r1�i0' 11t ^ � STAT� 19GHWAY 111 �� 1{Q00�... �......�.��^����� � � � \ YAKE�17 oUAIIB � / � WSQ �\ rROP6NTY I M�. IVio.Ct �� � / `` �\�� ..� ���i��/ ��// � , � � , ,�.� , \ v� ` ' ,,�`9' ti�' `. ►ca �to�.e'�. b� a� �� .3� � �eg' O.ZB< Ao. � �� ��,` Y f � LOT IS � �,� OIOp( 'f', � � � `` � F18. iViWf. � � �r��` � � � \ `��. ��� � � � �/B���=• f �xa ao�ioa�� �OJ /�MC61. 1 � /� /� ��� � ia. avw.n i / 1'Gjt��? C�( l�{,�6�C�..I � 4� L- -- � 1� � li��� �3-` I � �--- � EXHIBIT nB� PI.AT TO ACCOMPANY A l.EC3Al. DESCAIP'flON FOR HWY. 74 AND EL PASEO PARKING L01' EXPANSlON, TO THE ClTY OF PALM DESERT. �ABLE OF COURSES td� N 323� 38� W 50.00' (RIlO) 02 — �� 0� 40 39 A�o50.00' l� 77•56' 30-- N 88�D7'Y6' W 121.�9' O— pr 1978'41' fi+b30.00' L�108.G8' ds -- s o�ao�ss• e ss.6e� a-.�a ��'56���• R_000.00� �•,Z..6�� SHEET 1 OF 1 SHEET RobeM�r� 4""`� }+att �c� �x/alsa r.... „� w..�.... ��w .��� ,i.N. ao,a,s MAY JI, 1993 �1 pA.:�O BxWblt A-2 City Pu+cc! Itobcrt Heip� Wllllam Fcost & Asscclatc� �4-410 Highway 111 Pafra Uesert, CA 922b0 November 6,1997 JN 30l3l2-M2 pago l oE2 .���t7:`�7��i�7f�i � � �i 1 :!: ' : : : . (� � .1 : � :�r •.�, :!.M • ; „ : �.�r�.: � ; � • That c¢rtain parcel of laad altuatcd in tho Clty of Palra Dacrt. County of Rlvcn[da, Staie of California, being that portion of the land desccibed in Insirumeat No. 130762 of OIDcial Recorda recorded Octobu 10,1974 in 4ie OEiice of the County Recocdor of said Rivetside Couaty, described ns followx COMMENCIIVG at the most westerly corncr of Lot 24, Dlock "F" of Palm Deseri aa ahown on n map thercaf tiled in Dook 21, Pasca SO Quougb 54 of Maps in sald OfYloe of Wc Itfvuside Cour►ty Recorder, satd comec be3ng a point on a curve tn Qu southoastedy rigl�t of way line of Pnlms to Pines Highway es shown on sald Palm Descrt map cancavc southeastedy and having s asciius of 850.00 feet� B cadlel lIiw ofseid Curvo from �ald polnt beara SOWb S2°SS'25" Easl; theaco elong the prolongation of seid rsdial liae North 52°SS'25" West 50.00 fect to the TRUG POINT OF DECINI�IIPIC, said polut bcl�g on a curn fa tba ccnterliao of satd Palrw to P1nea Highway concentric with {ast said cwve and beiag concavo wutheastafy and luving a tsdius of 900.00 fcet; � thenca along said c�uve and canleriina nortlieastedy 8.20 feet through a central anglc of 00°31'19" to the begiailng of a non-tangent curve concave northedy and liaviag a rndius ot37.50 feet, a radial llno of said curvo from said point bcacs Nocth 41 °45'00" Cas� thence slong said curve easterly 69.60 feet tluough a ccdtral angle oF 106°20'45°; thence tangent from said curva Nortb 25°24' f S" East 29.55 feet; thenco North 64°35'4S" West 13,64 fcct; thance Nonh 45°58'18" West 45.24 feet; . theace NoNi 47°43' 47" West 21.75 fccl to a point on a curvc iu the northwcstedy ri�l�t of way linc of Palins to Pines Highway cancenuic wilh said cu�ve in said cent�rliao aad being concave [1161NOlDATAV01lUOF}1(p�rlM�'pN!{AIm7.1Y►p �l��^ //C i� l'%.ct � Gn�«h�r /��- �' Robert Heln, WUllam Frost aad Aswclntes Novembu 6,1997 Pelm Dcsect Parkin� Lot JN 301312-M2 Perpetua! Easement for Meintenaaca Pwpoac+ Pege 2 of 2 southeaetedy �and havina a csdius of 950.00 feat, a redial Itne of aaId curva from said point bears SouW 47°43'47" East; thence along said cutve and northwakrly right of wey lino southwesterly 86.95 feet Wrough a aatcal anglo of OS°14'38"; thenca radially fmm said cucve South 52°5875' West 50.00 feet to the TRUE POINT OF HEGiIVN1DI(i. CONTAIN1NQi O.153 Acrc� moro or lcss. SUl3J�CP TO all covenanls, dghts, rights-of-way aad easementa of record. EXtIIBIT "B" attached aad by thia nference made a part henof. Hp, 46/7 E�.9a0�98 C.lir I�ci':�� � �0 4�t 19--Z- � io' zo� ao� _ ��F STATE HIGHWAY 111 �, — ..�.�.� SCAIE : 1' � 100' �' SfAfE H(GHWAY 11 f w r, ._. _ �.. ._. �. .._. ...... _. — ___• —� � ' /7 A � � � / � LI'S'� \ 1� � �/� ��y � �j ���� �`i � t / � 1 �� 0 �i � � � BLOOK i1S � _.a�+� �j I �dQ �� LOT b � M.e. �Y60-6�. �� `�v � � � � a�ocx '�, ` � \�''�) s�� �� .G..af� M.e. svao-c�. � 8 e s/ � � \ / LOT 24, � 1 4 � $�o�K �, ,^ � � t• s / �.a. zveas4. �C � 1 9 �.�"� � � } /' � � / ; � �� / � �, « � �► � � / / �� �� I PAACEL R I }�AACEL i P.AL& Qo/o0-a1. I �/ r.�u.e. onioaoi. _ � — — � _ __�__ ._... � TABLE OF C,QURSES fl ?ASEO o-�. N 54�8�25" W d0.00� �R�) ?a-�A� 00'Ji'ip' Ra80QD0� l� 8.70' JQ—A� t06'20'45' R�37.50' L� 68.60' Q— N 25'Y4 1S E �9.59' 05 --- N 6� 3S's3� w tJ.64' O� N 47'43� 7� W 21.75' i�i 8a— p� 0.S't4 J9 Ra950.00' l+ 86 95' EXHIBIT �B� � o-- S 52'38'YS' E 50.00� (R�j 1 RELINW15N�1ENT 70 �NE CITY Oi PALM DESERT PER (NST. NQ 130762, O.R., REC'D 10/10/7� PLAT TO ACCOMPANY A LEQAL DESCRIPi70N FOR SHEET i OF 1 SHEET PALM DESERT PARKING i.C?T — PERPETUAL Robert ee1n,W11l1em Frost �e Assoa ates EASEMENT FOR "�"���=•�n '�'""� '`'� i�,�..w� ►N��a,w..w MAINTENANCE PURPO5ES. aN. ,o,a,s-►+s NOVEIABER 6. +49� G; � �'�� rr.� 1 -- �. � . � -Z �— , , �. ..., ,:, � . � .. . ...�.,�_ . ...... . _. . . ..... .. �, ......_T.,.:, .. .. .... .. ..... .._.__..._....__.....:�" .... ' ' ' . ... --"-'_", .. ._. . ...: ..... .._.�_.... 1 f / . Rec:ordi���requqttd by .aa wbea reaocia�oa ndua to: PaYn Dose:t RadaveloP� �S�Y ».sio �na w� nri�e �m n�c, c� �z�a Aaeoti�oa: soc�ecu�r � F����� �m c��«�c caaa seca� 6iao � 0371$0 F±ECENED fOR AECORD APB:00 AM JAN 2 8 1,999 ����� 1� f�� �I�i►. i ���r�u°�b.ocoo�oauado y F.ASBMENT A(}}RHENIBNT n lus no1 M�n exrNeod w k lu •�1aNOA Ot p bllaMaqupontblpY TLf� Easaaent Agnement la msde aud entered into �s ot the� day of i�J t• 1997, by u�d betwan the PALM DBS�tT RBDEVELOPMBIVT A(3BNCY. � public body, oecpoiate ud polidc ('Agency7: tbe CITY OF PALM DBSBRT� � muakfpil corpondon (the "CitY7c JAMPS �01'i'FR m indi�►idu�1 t'Cotter')� EL pASFA COI.Lt?C,'fiON NOR1ii� a Caiffomia lfmited P��P ('F1 P�teo"). RUI ONE CORP. (DHA THB PAIAMINO RES1'AURAN'1�, a corporuion c•Rar.urAn4•), .na srAMEY B. xosB oo.. . waatdn,acon uaGe coiporadoa � ('Itose')• (Cotter. El Paaoo. Resmuca�tt �ad Rosc u�c iKnimt�cr oolladvely refccrcd to �s tbo "Oraator��' ud frnm time to time iridividuaily reftrred oo �u a•Gr�ntor'). The Agency and the O:antora �rce a followe: - RBCITALS A. Tdo Agency awns that certain real pmperty locabed in Wo City of Paim beaert (�e 'C1ty7� County of River�lda. Sttte of Glifornls, dascribed ia Bxhibit A-1 attacLed bereio ud ia�o:poraud henla by this nfereax (the 'A�eoey Pu�oet') aad the City owns that certaia tal A propeny loatod ta t6o City� Couary of RiversWo, State of CaUfornia, descr�od in Exhtbit A 2 sSfaCbed b�7Go and �Ao0�p0Ylued beieSa by thli IOYCTOo00 itLC '(:1[y PII[+CCI`), B. Couer ia tLe owner of tho n�i proper�y lxated iu t6a City of Pa1m Desert, Couoty ot Rtvecside. State of Cattfomi�. de�ibed in Bxhibit &1 atwchd ha+eto wd fiocoipor�ud Lenin by tLia rofennoe. C. Rose i� the owaer, ad R�atauruite b We leseoe� of the real propecty tocatod in tbe Clry of PoLa Deaert. Cauoty of Rivenide, Sta� of Californii, dacrIbod in Bxhiblt &2 utacbed verew �ad iawrporatod hcrein by thia nference. ' I I ,�t �.I 3 � �� � r � 1� u � ��q A � � "� D. EI Paaeo is tLe owaer of thc real propaty loaud ia the City of Palm Desert, H County of Itiverside. State ot Caltfocaia, desetibed !a Pxhi'bit &3 attached hento and incoipoiaud �C henein by this refer�na. � B. The ProP�rtY desctibed in F.�hibia A-1� B-2� aad B-3� tre ooUectively referred N to benin u the 'Gr�nton' Purela.' ' ..� � ,_ .h _. ....i � r 1 b�Mf: OQ: IW9 ])ISOA0101 M 19Y9 P41 M�B f�atwl9Y:OWe H�wn 0.Yitw1: ]�V; ]011111:�8:]9 M1 -- -- _ • -- � �: C� i ; ��, - . F. ibe Agaicy ud tt�a atanWrt htve entered iato �n Owaa P�cticipadoti n Agneement. dated OcOober 2'l. 1997. re�udlt� the oon�uctioa aad ua of a pukiqg lot ('ttie Owner Pudctpittoa AgroemeaY) on (,p a portlon ot tbe Gr�utora' Puoeu� whicb portlou tt described in B�htbit C(t1a 'F.asanent Am')� (i� on the �►Seocp Pucel� ud (lli) t6e City Psc+oel (tbe F.uemaH Mea, tLe Aget�cy Parcel. aad tLe Ciry Panoel, being co2lectively retecred to het+eW ae tbo 'Parkin� Lot Sho7. m e�seroeat In perpetnity to tbe Ageacy of r tbe pur�of c�on�wctiag� Pacicla� Lot aad f�the use Wenof by tha publk genenUy� includtn� bnt not llmited to vi�Itora to u�d c�utoman of tbe bwlne:aea �nted by tbe Cirmcon on ach of We OraaWn' Pu+ceL. H. The Ageocy and tbe City daire to grant t licrase to tbe (#ranton to anter onto tLe Agency P�rcel u�d Wa City Paenel for We putposee of opeaatiug aad a�iataiaing the Lnprovements tlxcoon. 8 NOW THBRSFORE, in waside�don of tl�e muw�l covec�nta sad eaaemeota contaiaed bereW. the pactles b�reto egreo aa followa: ' 1. j�Mition of Temv. 'AQeacy' meana tbe Palro Daert Redevelopment A�aacy ud uiy aesigaoe of, or �wr to, its :fghts. Wwen u�d respc�neIbilitia. The Agency b a public body� ooipor�te wd polltic, acercJsing governmeatal ilurction� aud poaera, and orgaaiud aad exlsting uader C�pter 2 of the California Commuaity Redevelopment Lw. � 'Ageney+ Puoei' maans the real pmperty dcscribed ia F.xbibit A-1 hcreto. 'Ciry' mea�u tbo City of Pdm Desert, Coiwty of Riveceide� State of California. 'CIry Pucel' me�u the n�l property descdbod ia F.xLibit A-2 6ereco. 'Faae�at' ateans 1Le �esanent descciba! ia Sectton 2 of thia Eaarm�nt A�c+eeaxnt, 'FssemeAt Area" meana those poNom of the Cicaaton' Pur.ali wbject to the P.�seweru� as descsibed ia �xhlbit C(the '�aremeat Atra'). 'tieneral Public' me�ne the pubtic �enenUy� inciudIng but not UmioM oo visito� to wd custoau.tx ot the busin�ssea oposatod by the tiraaton on a�ch oY tbe Qranton' Pan�el� '(i:anton" nxans tho�e endd�a owaing ia fa or boldiag leasehold interestt ia thc (3raaton' ParctU. 'Qt�awn' Puoels' means the nal pcopaty dacrtbod in fixtubits &1, &2, tnd $-3 � haeto. »u:� n.oa-000a o.� uoe3a.� o - 2- f � , � :� w' � � � � � � � � r i � .0 • �,.��.� � : � ; � ..,. '� � , � ' �O � � ��, ��. �� : � � i � � � H � � � :. r • v I r � `�: o.e: oac waa n�s,vr a��za �aw roqn � w�e ocned er n�.� ar...� pYN�d ]i0�'101611:18 ]O M1 i -_ �� r , r, i � , . .. .. ...�,._..��=-,� ��_ .. _. . _ �ans tbe Qwner Puticfpat[on Agrament dated as ot Actobx 22� 1997, by � and the (lr�n0on. t.ot' me�s the pablfc puking lot w ba developed aad opetaucd on il►e ot to tbe OPA ud u Portber specitied Laeia "Pukl�g Lot Sltt' meuLs the E�cetnent Area. tbe ASeWc}► Pat+oel� and We Ciry P�r�el. on whict� tbe Fukiqg Lot b m be located. a� �bowa on Bxhibh D, Wac6ed herew �nd inooiponud by nefet�aoe Aa+eia. 'Aaject Aret" me�as dse ua of the Chy wbjxt to tbe Redevelopmu,nt Plan. The exact bouadada of tho Projoct Area u�c tpcciflqily dcaciibed ia tbo Redovelopmoat PLa. "Rod�velopmaat Plan' me�cs the RAdr.vslopmenc Plia for R,edevelopment Project No. 1 appmvcd and sdopted by the City Couacii of �be Ciry by Ordimace No. 80 oa Ju�y iS. 1973. `Site M�p' aoatn tbe map attacl�ed I�arato ai �xhlbit D�ad iacorponted Lecetu Oy tWa refeneuoe. 2. �. T6e OranWrs bereby estabUsh u�d gr�nt to tbe Agency a non- ' excUuive eaxment. ia pecpebuity� ia. to� over aod across the PAaemeat Area, tPPuctenant to thc Ageary P�rxl, fot the benefit of the Agency Patecl� for tl�e pu:pose oi wnsuuctlag the Parklag Lot u�d for �1bw3ag tbe use of tLe Puking Lot by the C)enenl A�bllc for the purpose of the pedeen�n urd vehlcular ingre�� eg�+ess. aod puldag of passenger vehkla� as des�d ia N:ther dwil below. 3. �i�Q. (a) 'Ibe Agency f�ereby gnau to the GrAatora a non-�acclwive license o0 eraer onto thc Parking Lot Site. lxludiag both the Fasemeat Anea tnd Ageacy P�rcel. to operate snd m�lauta tba Puklag Iat thetroa. (b) 'ibe Cfty ha�by grants w t1�e C3ranton a aon�exclusive IIcea,tc to etKer oato tLe Clty Pa�rel, to operate pad m�intaia du Perkln� Lot thereon. 4. R�ervadon oi Rights, (+) Tbe (inatora bereby nserva tLe rlght to tempo�arily close �lt or my portloa of the Psricing Lot: (i� duciag autocqary non-bus'sness houca; ({1) as the C3raaton deem leB�Y �tY aad :uficieat in order to preveiu the dedfcatfon tbereof or �a aocnul of WY righti �+�D' P�ar Percon or tbe pubUc generally; or (iii) a� reasonably aeas�ry+ w perfom� nviatenaace or neplirs. Any wch umporary closlag by thc (haatore @raU be wbjax to tbc prtor wciuea coaseot o1 We A�encY� a+h{cA co�eat chaU not uara�aonably be wilLheW or de4yed. N) 7hc Gr�ntoss henby nauva H�e right w lastitute ncasoaabk. can- dlacrlmloatory tules and ragui�tiom for tha use of che PQrlciea Lot Sise snd operatlon ot the Puking I��io�� ruo�•ooaai o■. twosa.. e - 3- � . � { M1dn: ha:IW9l)1]OM101-J419DV Vaqolal�B � r- �� L �— - .� . ,n I � � � � � 1 � Oe�teAB/:01�qY�l�wn DAMeA:3r9/MIM1II:�B:l9M1 � _ (: � I_ . Lot Ia oeder to Luvro We flree ftow of tcefiic throughout tbc Pukiog Lot. The (3noton ahaU not pernilt ti�ee Pulda� Lot Site w be urod in a minoer which would iauxfen with the h+x flow oi ve6icuLr wd pedemLn Lratiic throu�hont tbe PRrldrtg Iat. Aay ach iuld or re�Watiom �11 be abJect to tbe prtor wriuea coaseat oi ihe Ageucy. which consent elall not imraaon�Wy be wlt6beld ` � or deLyed. � 3. Y�t�� U�+� Tbo pattks ��ree th�t thc Parldng I.ot Sioe tlWl bo used only for the folbwiug pucposes aad fot no other pucpasea whtuaever, w�less tll putfae bec+eoo agree otherwlse in writiug: � (a) Pedostrlan aad vehiculu iqg�as� egerse. aud vehicWAr pufdag by d�e (ieaeral Public. PulcIng �hall be pe�mitoed ody in dedgmtcd p�rking at�W. No poctioa of Q�e pAdctng Loi Site al�ll be ased for tbe repair or storago af veLtcld; � ro� 't�a temporuy u,e c+aclua�g e�+ea,oa or maaen. sc.rcewm� .�d buildla� waU bardcades) duriug peciods of ooamactioa, nmodeliag or rep�ir, for ipgces�t �ad eg�as for vehicla transpordqg m�teriali and equipma�t and tbe u�e tbereof by oo�ucdon oquiDment: ProvWed� boweva� W arcL constnu�oa. nemodelinB or c+epair of bulWlega s�uud building aPPurtenwca sbal! d,�l�eatly ba pertarnxd. aad aqy cneh ladder�� s�ii'oWiqg �ad burIc�dea �il pmmpdy be t+enaoved upon wmpkdon of wch work; � (c) Tbe m�latea�nce aad repalr (wiW rtplaament. if aecessarY) of P�8 attes or atalla. aWew�lke. r�mPe. drtveways, lana� turbs. �uuuen, uafiic control s�w, si8aals� �afiic ial�ds� tnfiic aud partcla� li�tttin� facilitia. plaatera� PZantia8 boxes+ ed8ers� fpTiQ1�1CIs, VIaNG9� AU�I IiAdiCiPO ��rYi (d) The initaU�tton, mAlatet�nce and operatlon of publk utWry cervhxa aad pPWiten�ncd aecessuY for aenrlcing tbo ta�pmvemeata oa tbo Oreaton' Paocels, p11 of whfch �h�ll be locatod below the wrfaoa of tLe finishod pavin� or above gowwd improvo- u�enta. TLe Gruuon shall not c6an,qe the mimber or configuration of puking :paces on tbe Puking i,ot Site. nor tt�e dlrectlon or tlow of tnftic or atury or exIt from the Parking Lot Site; pmvidM, bowevet� Qranooa may wbmit a I'uldng M�aegemeAt Plaa to tbe Agency for Wa Ageacy'a appcov�l to maxio4iu tbe tafe aad e�cient use of d�e Puking Lot for the beneQt of tbe (3eneral PubIic. NotwitLstaading the fon�oiog� the Cir,ntor� tt�ti use tbeir beat efforu rwt to pec�mit the eraployera ot tha Oraaoors or tbek tenan� u tlse Cinaton' Panels frota parkinQ tbefr vehicle� ai tha P�rldng Lot while wo� u the buaineaaes on the Ciraaton' Pu+ceu. T7fo (iraacor�� �t Weir owa ezpense, may pmvtdo w attendaat or vakt at the Parlcing Lot. 1Le tean of aay �reement betwan the Cirantore, or ujy of them, ud a peraoa or �dt�' ProYidinB attead�at or v�let setvlas. lncludiug rll reaew�l optIoru� shall be no kager thea 90 days. Aay member ot tbe (ieneral Publk wtw usp tLe Park�ng I.ot uuy ar uuy aot, �t tbek �ole discntion, use tbe services of a�ch utend�nt or v�1et. In the eveat dut � tnember of the General Public n�es We servica of auch atteadant or valet, payaieat for such servIces s6a11 not be nquI�d, and ar�y payment stull be �t tbe sok dlscretion of the visiror or automer. ��io�� ►i.o�.o�oot on ssoeia.. o - 4- 4 IMr�: da:IWY])ISOMIOIM1999 Vaq��oi1B �� �� I:.. C r� � "si • f�; � ; ���,; � r 1'1. � " � . � � �� �� F : � � ��} 1a T 1� c.w�eaM:w.�`+...� w`w.d:��a,,m�ei�:�a.niun - - �� 0 ,_�r... ..._.,�_�.�>..... ,Y: �..-k, _ .._...___-•--: �___�� _--.---- - :--_ -� , 6. y,�.tt�. Pences_ s�, Baaien. The Or�noon �il not erect ray w�IL� feooa, or wber bsalen on tbe PukLrg Lot Site abich prevent or Impair tbe uae or ezercico of tLa �. �. �. ca) The cr�atas a�w� .c rbelr owa cou,ma expease� at vit tlroa foUowing tla Agaacy'� inhW const�ucdun of the Pac;dnQ Lot, PecPoim, or caase to 6a perfomxd, wcb mainxoamo u nood�od to ksep We P�cidng Lot claa aad in �ood conditioa aad npair. Stich malntemace rhW iacluda► bnt tat be 1lmtted w ti►e foriowin,q: (�} Mainniniqg the wrfua ia a uuooth and evenly coreisd condfUoa with the type oi mrfacing matafak orlginallY in�talfed, or wch substitute ��11 ia all reapecta be apW or cupedor to thean in qwliry. use. �nd dunbifity� (fl) Reauovlr� pil Wndtng watcr. papers� debrfa� fi1W� and refuse, �nd tLorouB�Y s�P� tLe pived ueas� to tla exteat re�sontbly ncaae�ry to loxp tbe paved �c�eu ia a clean �nd orderly coadldon; ' (�) M�8 ��PPt'oP� P�aB � �n��� exit. aad ai�ion�l ,tgw� maaceca ,�na ughta ia tbe maaacr tLoy .n cuirently baiqg nmWalnea; u rentl (��) ��B �P�B, �are. dincdomil signe� ac., u AOCCS3iiJl LO �alII t�Cm � l�it-C18S3 CODd�t�011; (v) Paylt►� �Ll electric�l� aater. �od otder uUiitl► charSes or foee; �vt) r�in�wn� .Qa re�icing w uoma dc�ins ana uwen, wa 8u ekctrical, w�ter. aad otlyer utUtty iiAa o: �yscems whkh are usa! ia whole or in put oo provide cavica to tLe Puking Lot or which ato r�ecessary for the operuion of tbo P�rkiag Lot; (v1t) Operaila�. icaPiqB in npair. aad replacing when axe�suy� wch puking lot lightiqg facilitla �s aro reaaonably t+equirod: (viii) ObtaWa� �ad mainuining ia flill force ud efPect commerclal generalliabiUty izuurenca aad other Iawraooe in ucordance with the providorn of Saxton 10 of tWs F�seaseat Agrameat; aad (�) ��8 W�P�B in a bealWy. ticst claas oorditfon. lncludiag weeding, trlmmin8, ��8� i'�P�B sh�ubs aad otber Iandcc+pinQ. and waterin�, iacludiag repairing automatic �priai�ar �yrsteam or water lioea. Each (irsntor ah�31 be respoasibfa for a pranta sh�re of tlse cost of sach msintea�nce eaponscs in ucordanco with the Decluadon of F,stablishment of Protecdve Covenu�u. Conditiont �uo�� iu�•0000i ew 3�oou�.� o — 5- � tYAn: ha:IWPI)1]0�(A0�-J4lVW VrySM�N � � .� � � � i :, � �� � ,;:� � L' ;�Ej,� 5: ;•�'�. ;:E;�� r�-a ' N .� � � .' � :. �� ,� . �. � . F� . �` 0 r , ' � �C . �� � � . j t j M , t/ s� �. � �) I i • , 4eatMBy'OIrMY��nn 1'mteE:i�9�MI611:M1:111AM i __ _ �; i� , .. ..... .... .._. ..,. _�.:...:,: �,�._, - - -- =. : -- -- - ..��. ._.y�.. .;.i�:u.. 1.. ..... .. ... . �_"__'_ . . --. . ..- . �, ., , Yd RG�hICtIOD� �Ld �il�tlf� Of PJ�AfB EiSOd NOVCA1bE[ .ZZ� 19%S� � I�'�OYdEd OII NOYCt�E[ , 28, 1978 u Inct�oent Number 248990 0l tLa 0�1cW Reconie of Riveiside Councy, Ca�lfo�ala (tLe •cc&Rs•>. xotwW�aoai� rha foregomg. in We evenc tae Ageeaccy aaoimma m the Agen�.y�. ceuomble atocKtion thu the Paddag Loc ts noe adequuety matacai ed ta woocd�ace wlth a�o , CCBtRs� eacL Qraator �Il be t�erponsibk for a prarua sh�re of tl�e cost of wc4 maiateaance expcn� ta accotd�xe whh the followla� pe��as: � B! P�seo — 33-1/396 Cottet — 33-1/3� RoseJRawirAots -- 33-1/3� '!be ar�ntor� may clua�c nuh allocadoa� with tb pcfor wriaen oon:eat of We Ag,exy's Bxautive Dlnociot. 8. Mxh�ntc�' Lie,u. Tbee Oraawn �ll ;ooep t}�e Fukia� Lot Slu free � clar oi aU mochanics' liea: reailt[stg &om conunicdon done by or for the C�antoa (othec th�n by rwon of tl�e Ageacy's idWl coastnudoa ot the Puicing I.ot). Each Ciruuor �Il Wve t6e rlght w oo�test tbe conectaess or tbe vuidlty of �ay ach lien i[, Lnmodi�oely on dem�ad by �e I►�ency. tbe arantor pzocu�s and moc+ds a liea relato bo� issued by a cocporatton sutboriaod to Lswe aaery boad� 1n Califocda. The boad �ll a�oet tb�e roqulrameut� of Callfomla Civil Codo 43143 and sh�U pmvlde for tbe p�yment of any wm thu tLe cWm�nt may reoover oa tLe cWm (rogether witb cow of wit� if It tecovert ia ti�e �ctio�. F.ach C�rantor eh�U bold bennkss� defend �ad iademnlfy the Agenry Aad tbe PuYlqg Lot Site a�1nu oll liab�try aad loss of aqy type uldng aut of work perfotmed by ach tinator oa tbe P�cking Iat Site� to�ether w[th rawaabte �ttotneys' fea �ad �il cosb aad eupaues reasonably inaured by tho Ageacy ln negodatiag� seulin6� defendiag or otherwlse pm� i�tnst atch ciaims. If any of We Citaniors do not caute to ba ra�ocded �e bond de:cribed ia Californft Civi1 Code ¢3142 or otimwl�e protxt �uch t3rmtor'e pottion of tlre Pacidng Lot Sioe uader aay �lternutve ot a�ccessor snd►e. and a Mal judgncot hs� boea rendeced agitast adl Gruitor by � cou�t of competeat juriadkUoa for tbe forecIoaure o! a moci�nics' muarltlm�a'a. oontnctor's or subooatrActor'a Iba clai�n� ud if ach arantor faW to �tay the exxudon at thc judgme� by lawPol meara or w pry tbe judgmeot. thea tbe Ageacy tbari have the right, but mt tta dntY, m WY or otLetwtse dfschtrge, stay oc p�+evau the e�ceaidon of a�r wch judglaent or lien or both. Such (3cuuor a�U �+elmburae tbe Ageacy for W wme paid by the A�oncy uada tLit Secdoa, together wIth all oi tbo Agcncy's re�toaablo utorncy� tLa and costs� Ptus inta+est oa Wose amu� fees. aM cau, u the moxfmum leg�l rue tbat may be chat�ed by non- ex�empt teadece umer tbe utury Itws of the Suue of Calitocnia. Oo comg�etion of any wbsunt4l work of improvement. the flr�nWr pectotmin,� auL work ahall flle or cause to be 5led a nndca of compkdoa. The Cir�ton haeby appoint tha Ageocy aa the Griatot�' utotaey-in-fux to fIle tl�e aotloe of compkiion upon the applicxble Grunop' hilun to do w after tho wodc of improvemeni has ban wbstuuLlly compleood. 9. Pl+oue�r Taxea p,��g Interest Taxea. F,ach Crr�ntor shaU pf�y, or cause to be paid. dimdy W thsc ePpmPriate govemmental ageaclu, prior to deliaqueacy� aU Po��Y � Property taxes aad other spect�l w�et ud assesuneata u►d/or cl�uget. iacluding hxa. u�nts or ctiugjcs levkd ir► Ikn of pmperty taxa, wWch may be ievied or �ssessed agaiast wch C)rantor': Parcel, including aqy �ssasment ta�c or charge on the portion of the Faridag me�� �aet•wa�i e■� uaesa.� e - 6- _.. � Udv: Ov�: 19V0.1)L� AfT 01 M 19V9 Vqr M1 nl NI � � • 1 r � � u ,,• � ,,� (` ��,.,, , h-� f � i; ', ; � �O �•� � . � ; ,. ; � �� N � � w � ��`� IC � �r ,� ,z ,� 1� IU �� C r fYw�IrJ11y:11Ww bl�m� 'hMeQ 3/9/201M1 II:MI.l11M1 \ ��, . i \ � , • �: 1: u . � �� � / � � � �: U� � _ � .�.. ...... . .. .... . �.. • �_r' _" • __ . ... _ .. �. ..^ _.� Lot 3ito oa wch P�rceL In addltlon, tbe (�ranton �ll pay� or ansc W be paW� diroctly to tha �P� S�� �8��� P�r ���9�Y� W possaaory Intaat taxa, rp1 property taxa ud otbar specW Wca �nd as�eosa►enn andlor cbarSe+. Wctudiu� tua. auesam�enn or ctiarga levlod !a liw oi propetty nxes. lf �ny� which may ba lavkd or aasessed agelast tLe ABwcy Pu�oel aad tLe City Purel ia tbe foUowlag peraaaga: EI Paseo -- 33-1/396 Coaer -- 33-1/396 Rose/Ratsucants — 33-113'Xr T6e (ir�nwr� may chaqge sucb altocadon� with We prior wrtaeu conseat af the A�ency'c �cerudve Dice�.tor. 10. jpg�. Tbe OruKora �all pum,hase aad mal�aia n w the Patking Lot $�tE OOf0�7EICW gGOGCil �f� �pf4T�110C COVEi� ��J/ �G iAd �Nl��d �O pE[&0111 Wd F�P�rtY �B wtthin Parkiag Lot Sitc� with a ccmbinod tingk It�ntt of at k�t Oae MUIioA DoUar� (51,000,000.00), wIth a ded�ctibte of not moce tfnn S1o,000.00. 1!►e Oraawcs s�ll ciuse tbe Aget�cy, fts Ha:d memberr, aBs�ua. eaaPloya+ and �uorneYe. and any aiocesaor in latet�eat of the Agca,y. to be a�mod u addiaoml inWu�eds on cach poUcy of a�ch Luuc�oco mai�ined by it with rrspect to P�tidn,q Lot S1te. S�ch inwcana policlea aMll be eodorsod to provWa that wch covaa�e t6W be primtry aad tbat �ay imvraaa main�aiaed by tbe Ageacy �hall be exca� l�uanoe oaly. 3�uh coverage �all be wdorsod to w�lvo We inaucer'a rlghts of submgsdon agekut the Ageacy. Tbe arntuon thall ddiver w the Agoncy oertiQcADa of inwr�nce evideocing compli- u�x with �heae pmvLions. Snch cettificaw uull �lsa include tbe agmemeat of the curle� oot to cancel or o�awlse tecmimte avch coverage wlthout ficst givin,g st least tWrty (3� d�'s pder wrltten notloe W tt�e A�apcY (attendon: Bxxutive Dit�oc0or) �ad to each �ddiUot�l inwred under any policy cerrled pursuant to thia Section 10. If at 4ay tiroe the unount or covenge of inwrenca which the t3raatoca are roqulrod to cury w�der tlila Sectioa i+. in the Ageooy's reasontbk jud8ment� muerlally less th�a the amowit or type of inau�noe caverage typk�lly curted by ownen or lessoe9 of compuabk p�openka in We Staoe of Cdifomia. then tbe A�ency o1�a11 have the right w cequiro the G:anton to iaerease tbe amouat oi cl�an�e the typa of iawrmcc cover�go requlred under this Secdon. Syuh requiKmaW thtU be desigaed to �ssuee prooectloA froai wd �ainst the klnd Aad ezoent of ri�lcs wWch ex9st ,t the time t chu�ge ln inwru�ce L nquirod. TLa A�oncy thaU notify We Gcanton tn wcidng of changes in tnsuranx i+equirementa. AIl iasucaaoa purch�sed by the Graaton �D ba &om compoda rated ao kae th�a B+ VID in Beab Inwcaoce Ciuide. T4e �mount of insu�aa�x obtaiaed pursuant to this 3ectioa aLall aot lirNt tbe llsbllity of tbe parties aader tlils Agrceme�. If tha ar�nbors do not deposit act[tk�tes evWeneing aace�bb iasuc�nce peliefes wlth tbe ABencY iucorpor�tm8 ac6 c1�ga wlthia sixty (60) c�Iend�r day� of t�ecefpt of wch notke. then the AS�Y �Y P�� wcA it�sur�aca and the (3ru�ton shalt fmmediately relmbutsa tho Agexy for cuch iasuc��e pnemiums. togeWu wIth a 1596 hendling charge, in the followlag Percenta�ea: El P�soo -- 33-1/396 Cotter — 33-1/396 Rose/Restauranu — 33-1/3% � m�� n�a-oaou w. swau.. e - 7- '' ons� n:�iwa�a�iuuno�-»�vw v+v�ai�e T ;j a {� ��� 1� • i '' N., , � �i � , � ! �i, � ;� � � E • s� � _ �` . ��: ��� :� . I � �� 4H cC � � N �H d « � �i oea�edN:o�sa.m� o.titwt��vizn�ni�:ui:nwn ,; \` ' �� � . -_.._�:��.-:--.... may changc auch illocutoaa with tLe prlor wciuw ooasent of tbe �geacy's Bxa�tivc ��. �. (a) ExaPt u proviaea m saxtoa 11cc) to tbe contruy, ttn vr�ntan �11 fndeooairy� defead, Drotcct. �ad boW l�rrnless the Agcacy tcnm and 4g�iast �qy tad �Il cl�� losus. Proceedin8+� damagca. ctt�es of +�cxion� liability. cos� ,ad expeasa� (i�Iudtn� uoorneyi' fas) arWc� from or in comiectloa with, or cxused by (i) ury ut, omi�don or negligence of the ar�nwn or wy kssee, ablessoe� 1lceatee. conoessiomin� coatr�ctor� lioensa, invioee, �geat. nrv�ot a emp2oyee thereof (voUectivaly, 'Usas'). whoraoever tbe ume may ooc�u; (ii) �ny use of the PukL�g Lot, a WY �ocldea� i4haY, dath or d�maEe � u►Y P�a � P�Y �B �, oa a about the Puldag Lot� or u�r puc tbeKof, or hn�m tbo co� of t1a (ir+mwn' or thdr Usen' busineases x hoa� �ay icNvFty. watc or thin� done, pemoitted or afferod by �a ar�aton or their Ueea ia or about �e Pactipg Lot Site ot eliewhero (other than arlaiq� u � result oi We AB�Y'� 8�� �8�e a f�tentIoml miscondnct)� �ad (ii4 WY bresch or default ln the pecformaace of tny obli�atIon� on tbe Gda�uor�' put to be perfocmed under tbe �era» of � Fsseroe�t Agc�x,ma�t� or ariaieg fmm aay negligenoe of tLe Or�own. a w�y ach cWm or u►y actkn or proeadlog breugtu tbereo4 �nd in cuo u� udoa or pcoceeding bo brought �gaia�t tbe Agency by reawn of �ny :uch eWm� tLe (icaawrs� upon notice from the Agency. stall da[end tbe eeme u the (iraaton' expense bY couaeal rasonably wd�factory to the Aga�cy. The (irAatora� aa a material put of t6e coasideratiioa to dyo Agency� haeby assumea all risic of d�ge ta property or iqjury to perrom in� uPon or tbout tbe Putd� Lot Site arUiqg from my cawe oma tlua We Agency'� �rou r�Ugeox or iateutiw�l4ca. u�d the Granton heceby w�ive W claim� ia respect the�oof e�sinst tLe Ageacy. Theso provitions u+e ia additloa to� md not ia liw of. tho iasurance required to be ptovlded by Section 10 Leteaf. 'The Graatora' respoctivo liabiUtles to tha Agenc)+ for We cost of tho inaurana, iad for tho iademnity �nd defa�ae obllgadani tet focth above� sball be conuibuted by the Oraators In tbe following penantagea: El P4seo — 33-1/396 Cotter — 33-1/396 RosNRestauranta — 33-U396 '13e Grantora rwy ct�ange auch �llacadone with tbe prbr wtitoea ooaseni of tbe AgencY's ExecutIve DInctor. Nothta� coatiinod Lereia a6W W�ait eny (3rontor'a dghts of watribnHoa from tLa other Grtntors oa accotu�t of d�nuga uisiag hom tLe otber (iranton' xglige,oce or breach o[ aqy other agcaor►ent �moag the Cinnwn, nor dWl it limit u�y t3nwtor�S tigh[8 Of COAtT16UHOD fI0m1 BRj+ th$d gacda tt�t cwaa damages or iqjuries. (b) BXGN ti� o�,�eenc.w �nd the Citv from Liabi(itv. 1'he Giapton hereby assumo all iisks u�d Uabilides of 4landown�r in the possessbn, use or opaatioa of tbe Pukiog Lot Site (iacludiag the A�ency i�aroel and the City Parcel). Except as provided iu Sectton 11(c) to tt►e contr�cy, the �ruuors, on behalf of themselves and their lessoea, sabkssees, lianseea. coAcessionaires or contruton, t�ereby agree tbat tiu A�eacy aud the City shall not be Uablo for nsoi� Kwo•oo»i ow s�wu�... - 8- ' i ae.: oa:�vcvn�rounn�-ao-�wo n.y,cai�e � u � -� r. � 1 � �� t.i .; ,I�� �..-�. :s ;:� �� ! F--� . �'� � ,; � .� , ; �O �: .. � ����. �� � . � . ��� �. � � � 8 1� • �H �� h �� � � ; �N �H d « ! � ? oe.�wa:n....a..u� nnwea:io,-m�ni�:�a.��,w _"— �1 3�n' bwinw or thelr lesaeea'. wblcaseu', licensas'. coaxsslon�' or w[nesce: or any loaf of iacume theretrom or for damage w tbe good�, wues, �r otber prcperty of tbe (haatore or their U�ue. or �ny other pertoa in or about the ite, IAcludiag eay UabW�y ulalag irom tho plq+sical condtdou of tho Puking Lot Slte �e of tay l�cdous or toxtc m�GerI�la or aubiu�scxa on the Pulclag Lot Site, nor shW M..,_._, _: the City be Wble for tqjury to tbe penon of the G�anoots� or thetr U�ec�� wbetLa such d�ango or iAjury l� aused by or rautt� �+oas hAzacdaia or to�dc muetWs or wbstancd� tire, stwm. elccMctry, gu, w�tex. or raia, o: from tLe breatuge. lealaige. obatiuctioa or other defat� of P�• �Prinklen� wkes, �PP���� Plumbit�. alr cot►�itionln� or lightiag flumia� or from a�+ «��, ����aa����,,����aw��,�,���� Site or fcan otbec aoucna ar plxxs �a�d ceg�dka af whether the ause of wch dam��e or iqjury or We n� of reptirin,g We e�me i� tnaccadble w tbe (3r�aton. Nothina oouut�ed 6erein �11 be constcued ae excusing 1be Ageacy or tho City� howeva. from llability for tbe Agency'� or the City's �roa�s negligeaoe or Wemional mtsconduct. (c) �►�Y.L abili . Tbe A�ency hereby �gree.a to fademaify� defedd, pcoroct, �ud bold harmle:s tbe arantora from and �inu any ud ell claiau� 2os�ea. Proc�eedin�a, damsga. cawa of acdon. liability, coata �nd expeusea. (includiqg attorneya' fea) �rl:ing from or in coanoctIon wlth the Agency'a constroctioa of aqy improvements oa the Parklag Lot, and �ay brach or defwit in t1x per[onfu�ncx of �ay obligwdona on tbe A�wry'a part to be perfosmed under tbe tunu of this Eaceme� A�cacnent, or arlalag from aay negGgenoe of dse A�eacy, or u►y wch cWm or any �ctton or prxoodtag brought thereon; and ta case aqy action or pmceediag be bmught a��inst the Gtuuors by re�son of ury auch claim. tha Ageacy shaU. upon ao�ce from the Grautor�, defend tbe same at the A�eacy's expense by counsel reasonably �atiafictoty to the Grsawn. 12. Non-Discrimimdon Provision. Each Grantor coventnts end ��c�ea for iiself, iu wccessoce, assigna and evecy nxressor in Interest w tbe portioa of tbe Gtanwr's Pueel eucumb�red by the Pacld�g Lasemeat. or u�y put thereof, that thero shaU be ao discrimimtioa agaiast or �e�c+egetioa of ony pecaon, or �roup of persoag, on uxount of raa, eolor, mligion, crad, nitiw�l origia. anceatry, PhyricAl hudicap, medkal oondiHon, age. marital status, or tex la the sa{e, leue. subleue, traasfer. use. oaupancy. urnu+o o: o�joyaxat of the Puking I.flt Site nor aLaU the Gruuor itaelf, or aay penon claiming under or thmugh It, establiah or permit any wch practke or praeticu o! di�ecimImtioa or eegreguion wtth ceference to @►e seioction, tocattan, number, uce or occupaney of knanta� lessees, cubuaeau� sublesseea, or veAdce� of Wo Patkiag Lot Site. � qi � � � i;� ..M! �1 u : � � � -..I! \ � ! . ' l ' � ! ��.f�!:: `.� EiCfl �ii1IIIOC t}fi�� TCqYItC tbYf ia �!. IA6�8, 07 CO[ttlSC�6 p0ltY�IllI1� IO d13jr portion of the Parkin� Lot Sioe eacumbered by th4 F.uem�at owned or controUed by tbe Gnator eor►uta or be aabjoct to wbstantt�lly the foilo�viag aondisaia�inatba or raasegceQation clauses: (a) In dads: "I7n granta l�er�in wvenania by aad for iteelf. its atcussora u�d ossigw� aad aU person� tla�nin� nnda or through them� tl�at the:e at�all be �ro discrimimdon ag�iast or seg�+egadoa of, any person or group of peceons on acoouc►t of racx, color, nBgion. crad� r�ationil origia. arxxstrY� Physical handicap� medicil condtHoa. a8a. marita! statut� or ux ln the s�le. kase. subla�se, t�aasfer, usa, ocxupaacy, temue or eajoyraeut of tbe laud heretn fnei� x�ot-�eNi ow stoatf.� o - 9' � � u .� � � � � � i�.; � ;:��� u ;i�; ..,-- : L� .. I ;. i . . E�� � i �' N .. � . � y� �1 �� � w .� �= � :.'. : ��` � . « ! � H � � � � H a � oa.: nQ:wvo�»��o�wni�a��ooa owcw�e u.waaW:o�oa...� VrY�tM�T,rp,�AlE11:�B:l1AM MiR' � .. _ . _ ` l� 1 � conveyed, mr thall tho granteo itself or eay persoa claimiog uoder or through it, eaubliih or pernilt Wy cuch pracdce or pnctices of diccrlmiaadon or cegrog�don with refe�+eaa w the xleWon, 1xatIoa. number. nae or oaa�pwcy oP temau, ksseas. wbteaaots. sublcasee. or vendoa In the Lnd ixnin convayed. '17io fongoing covea�att �11 iun with tLc lud.' ro� m t�: ���e � co�e�nr� by nm ror �, ia �,o�on �nd easlgns� aod all peraons ctaiming uader or tbrough them, �ad this kaae is mado �ad accxptod upon and abject to tbe followlog coaditiow: 73u there a6all be no dlaximination �gatast or �e�regation of aqy pa:on or aronp of pa�w�, oa occouat of ruc� oolor, neligion� a�eed, mdoml ro �8� �Y� PZU'� ��P. medlcal conditton. age, marital stad�s. or sex in tbo ]wing, su�ia�. reaan�. a�a�rerr�a�, ure. oc�cr, tenure or aqjoyment of We lud herein lease�. nor ehaU leasa ittelf, or aoy pa:on claimiag nader or thron�6 it, e�tabliah or pomiit wch practice or prudca+ of discrlmimdcn or segregatton whh referena to thc tek�a, IocatIon� onmber� or oocup�acy of unonte. la�oes, wblasee. oeamts, or vendea ta the lud heretn le�sed." (c) In contncts of ctic of tbe Pa�iug Lot Site: "i7�erc ahaU bc ao discrimimtIon �g�iaat or segngulon of, �ny perwn or �coup of penoat oa acoouat of raca. color, reIiQion. creed. �donol origin. �ncatry. PhYtical h�adicaP. rnedicat condition. aSe. mnrital ctawa, or scx in tho s�e. kase� wblase� natal� uansfa. nac, axupuicy. teanre or eqjoyment of the knd� aor �lull the tnmfera tuelf or u�y pe�aoa elttmta� unckr or throu�kh it, ectabUeh or pernut tqy euch prutke or practices of d3scdmlaatIon or segc+egation wiW referraxe to tbe �Iecdoa, lc�cuJon. number, uae or oocupancy of tenante. kssea� �ubtenants� eublessoe� or vendaa of tbe laad.' . la. �dLaen�shal� xan wtth the r.,na. nu We ag�+cemeraa. righa, covenanu, aad gru�ts of �nt � in tbis Agraauat sh�ll mn with the land (as defined ia Califomia Civll Code Sxtiona 1460 and 1462); ehaU faurs to We beoeRt of the Agency and tl�e City, or their tuirs. sucaaton. ud wignt; u►d alull be binding upoa the Cmnton, their reapxtive heiis, aucassors. end usigm� u�d aU othu lxrsoaa acqui�ing the Onatots' Ptrcels or a�+ p�tt �f, whether by operadon of 1aw or in any otber maaner whataoever. The Easement a6a11 be u► appuctenaat eaaement. oad :haU burden the PAaeu�eat Area for the benefit of the Agexy Parcel oad the City't iatenst in tho CI�y PeroeL 13. �fO�pl. (a) In the event of aoy of the Grantors' default or breach in the perfom�anoe of any of tbe oblEQedoas or �greemeata he�+eln, t1�e Agency or the Ciry. or boQt of tLem, cha11 have tho right� but not We obligatlon� m c.u�a auch default for the eccount end �t Ibe euprnse of the defaultin� Gc�ntor, am the Ageacy or tbe City, or botb of than. ehall have the dght to recover from the defauhing Oc�ator dl Qaa�ga. snd aU cosfs �nd otAer aima expeaded ia coaaection thercwiW. iacludiag reasoaable attornays' fas. Ph�s iatenst Wenon at the maximwn legal nte permitud to be cbugod by uontxempt lenden uuder the laws of the State of California, ana aue �eocy or rt,e eiry� �s tbe case may be. may impose a lien upon the defaultL�g Grantor's Patrel (inctuding the improveaunts tbenon}. Such lkn may be imposed by (� un'i�8 writtea iwttce upoa such defaultIag Grmtor, whkh mtice shall contain a reprea�ntatioa of non-compllaaoe wtth the ptovlsIons of this Sxtion. an explanetion �a w the natun of tl�e puticular o6ligation, aad a dacr(ptioa o[ the defaultiag Ciraator': Pucel, ead (f� 6y duly record'mg n copy of cuch aodco ia tho me�� n�a-eoas o./. i�oou�.� e - 10 - L `:'� I' 1 ' : i�l �� .,— � ��, �• �. � ►� � ;..� ��� s .. i:� ,; • ' �- � c . � � �� •�: �: �� : �_ � :, .- C - E i • , oAv: u.:�ovo-n�fonmo�]a�aaa n,y,�au�aa r..wlrabr:wrumm M+ad�),�o;)n1n��:�9:��An �_ � •', OfficW Recorda of Rlveritde Couary, GUfornL. Tbe priority of such liai �11 be deucmfned � of ti�o data of iWng the ume of rccord; ptnvlded. bowever, u�y such lien tb�U pevettLeks� be aibject ud �nbordiaAta w tha lkn of nny cwrtg�e or doed of nust raw or hereaRer covui� iqy portioa of tha Onoton' P�rceb. Suc4 lien eLW contl�aue urull tWly disch�rged� Mu ia no evau oe longer than IIvo (� Yeare fraa tho date of rxo�datloa� u�d m�y be forcclosed by A judgmeat u law or by meaa� o! a powa of aak la acco:dance w1tL tbe 4wa of the Sute of Callfomis pat�inie� to forecloau�e of mo��a wlth a powa of de. Sucb lien �tutl iecun not only t� �mount �ted ia the aforesaid noNoe� but eiso tho reasanabb cosa aad oxpeasa of eAforcing the came� lncludiag iatere9t �t the nte provided hereia aad reasoaabte attocaeyo fae. In addidoa, in tLe eveat of a (iranwn' defwlt, the A�ency a the City. or both o! them, may pucsue any other rea�odies or procacdIags availabla W it at uw os ia eqaity a�st ach (iramor. 17�e Ageacy or tlme Ciry nuy. ��Y � P��S� ��r dacn�ga �o�a or on �cco�nt of sueh vbladoa; aecuro by way of apeciflc perfonnu�ce or otheralse tbe pertom�ace of aich covenant, coMidoa, easement or nstrtatoa; or obtaGt u�y otber renudy provlded for et taw or ia equity. 16. j�]j�nmys, (4) Transferabiliry of Pasement. Tbe A�ency': righta �nd pdvikges of the Faaement shaU be tcaosferable ooly in connxtlon wiW p uansfer of tbe Agency Panel� to whkh they are eppu:ienaat. Subject to Wa fongoi�g. oU ucros of tbls Fasemtat Agi+ament shall be biudiag upon �ad be enforceable �aiast the (irantora. �nd aball im�re w the beoefit of wtd be n enfor�ble by the Agency and t1�e City� Aad their legal repraenutiva. �ro end aaeigas. (b) Tem►teadon of UablHcv, W��ver 4 bona tide Kansfer of any interest ia any of the Ci:mtore' Pucels, tbe A�ency Pa�+cel or tLe City Pu�cel takes plsx. tbe traasferor sball not ba Ilable for breach ot a covtmat ooauiing WeKaRer wlth respect w the t�uufecrod iaterest. In acWition, Rewuratw' liablliry bereunder ab�ll tenninate upoa the oxpintion or aooner tecminadoa of Reataur�nn' la�a. (�) �Si�&. Udeas oWexwlae apeclfically provlded ia WIs F�oment tlgrxrneat, sl! notioa, demanda or otber comtnuuIcatlons givea to the Agency end tLe City sball be la wrida�� ead sball bo sent by catilial mail� reu�rn rea1P� �i��� Po�Ba prepiid acd Qddreased u followa, aod �Lall be deomeA reoeived only upon realpt thereof: To Agw�y or City: Exocntive Dirxtor Palm Deseet Redevelopmeat Agency T3-S10 Fnd Waru�g DrIve Pai�n Desert� CA 92260 Pbone: (760) 346-0611 Fax: (760) 341-6372 To Cotter: Jauus Couer Couer Heilth Centea c/o J�mes Couer 1070 Gravensuin Highway So. Sebutopol, Californla 95472 n1o�� rao:-oo003 on uoouf.� o -r pCer� dr:IW41)1'QAfi1013919M V�IInI1B 3' - li - V .� f � � i � � ��U, .... � T�� !# N N � � � N i � ( : ,� I { � � �"S � Y � ��: `� N C � � � ,� h� 1 � A , � n«.�b�� m.,d.� P..��w: r: o�m�� ��:.e:,� �w .� � � � � -------- -_ I . .... . . . . . .... -,--_� . . . _ _ . ._._._. -.- Pt�one: (9I� 86S 3011 BI Paao CoUation NocW clo Chucchlll Mamgemeat Gmup 73-061 E! Pueo, iZOS Palm Desert, Califocnis 47260 Phoae: (760) 341-4888 Faz: (760) 568-9938 To Reataurarw: RU! One Cu�p. do Steve DeUuur 42b00 Cook 3Rnet, Suix 205 Palm Desert, CaliYorda 92211-5143 Phone: (760) 7/6-1972 Fax: (7b0) 341-3360 To Ro:o: Sttnley B. Rax Co. clo Steve DeLate�u 42600 Cook Saeet, Stiiu ?AS Palm Daert, Calitocnia 92211-5143 Phoae: (760) ?76-1972 • Fax: (76� 341-3360 (d) �.1'he use her�la of the neutcr geader shall include thc muailine �ad the fcmlair�e. �ad tba �ing�la m�nber thalt inciude the plural, wheaever tha oontezt so ra 9��• (e) PL ��fd-� ftcl�rles, No pet:on c6n11 Wve my eatonxable rlgf�s w�der thi� Bueaseat A�c+eerneat othef tLsra the pArtka bat�eto tnd tbeir aacessoro �nd �csigas. notwl� a�r ProvW�ms henot wWch co�anplsa tlut oWer pecsoas rnAy exe�ciae ceetain prfvne�ea� ot my nierencu baeln m itie tknenl Public. (� �g�. Ne wdvec by the Agepcy or the City o! wy default of tLc araaoors abW ba impUed fran w►y omfutoc by the Ageacy or the Ciry to taloe aay actba ln respecc of auch defiWt. No nxpteu waiver of wy defiwtt alnll �Ct any definit or cover any pedod of thna other than tbe dafauit snd perlod of dme apocified la wch expnu waiver. One or more w�ivoa of any defmit ia tl� perfornn�na of up+ teraA� Pro�lsioa or cav�aant containod in thL Faaemeot Agroapeat s6all aot be doemod a waiver of any subsequeat dcfwlt in tbe performanc�e of the tuae urta, provtdoa oc coveu�at or my otha tean. pmvisioa or covenuit coataiaed {n thia F,asement Agrea»eat, Zbe oonseat ot appmval by the A�ency or tLe City to or of +�ay ut or rcqueu of the Granton requhing con�ent or approval �11 not be da�ed W wdve or rendar unoxasuy+ tbe conseat or approv'1 to or ot ury aubsequent �imiler uts or rcquests. Tbo rlghts aud nmodks givea to the A�ency or du Clty bq thie Fauafeat Aarament u�e aunutattvo, �nd none of such rlQtus wad remedies �ull be excl�lve of any of tbe others, or of eay other rlght or nmody at law or In equiry which the Ageacy or ttye Gty might otherwisc hsvc by vLwo of a default wWer thls Easenunt ASroement. mos� n�».�000i o.� �twia�.� � - 17 - , .., •� � Dr'r13oIM ;�( �� — �,� . �� i; �. i °; j: N , � �O '', ��� � �� � :� ? ���. fi - ��g A � � H � N •s d « , � tlaateC 9Y' fY.�� 1H�on ,RIn1eQ t�9i�11iR II:IN:Tl M1 � � �� � + � � �. r�! (�UR: Du: IVW-])I]OMIOI ]V �� - - -�-� -- - -�� � s � (� Est�nel Certiflcatea. FAch Orantor covenaata that upon raxipt of wrlaen reque�t from tl�e Agea�y or tl�e Ciry, tbe (3iaator dn11, wtt6ln 13 day� atter receipt of auh requeat, �ive to tLe Agency a tbe City ar other per:on epecifted by tt�e Agency or the City, an euoppel a�dflcatc ttada,g: (� wbether tha (itaator to whom tbe rcquat h� baa directed lmow� of ury defiuk by any of tbe aruuon uader tl� E�sement Agceea�nt, uad it thera ate known defwlts, specitj�ing the nawn thereof� (i� whether to iu lmowkd�e tay provlaion of tl�is Eueme�t Agro�ment ha� boea aalgaod� raodi&d or omendod in ony way (and if it hu� d�en aqdng the u�tunc tbereo�: (lli} th�t to a�ch Or�ator'a knowladge, thia Basanent Agrament, � of tLe date oi tha atoppel cadficata, ia in iWl force and e!%ct: end (� anY other lato:mation �sombly required by the Agency or the Ciry. (1a Nothing herein coatained ehall be daaned to bc a gift or dedication of tbc P.asemeat Ara or aqy portion of say part of tiye Parkiog Lot Site to tha (iwertl Pnblk or for We (3eneril Public or for aay public purpose wbatsoevar� it being tbe iateatiou of tbe putia w thia Easemeat thu the Fasement coaveycd purwtiu to tbts F�sement Agroement, and �ny licaue W mainqia thc Age�y Parcel or thc City Parcel� �hall be �Mct�y limlted to �ad for the pwpoaea henW exprased. (� Amendment. Tdis Eesetnent Agcetment may be ca�elled, chauged, a�odlfkd in whok or in part oaly by the wrfuea aad ra:oided a�rament exautod by all of tLe rococd owacce of the Proj�ct Siu at the dnre at wch utttndationt or tecmtaatiaa (� NeQa�ton of Parteeeshin. Noae of the tecma or pmvislona henof sha11' be damed w creax a pumenWp betwan or unon� thc parties heceto. nor eball it cauae them to ba coasldeced jolat venturers� or member� of any joiat enterpcIsa, fn the opaatIoa of tho Parking Lot or whuwlaa. W �. This inttcumeat wntains We eotlre agroement of tha partks hereto es to tbe rlghts 6ec+ela grat�ted oad the obligattons herela aswmed, and no aal rep� :entatioa ehaU be of aqy force or oftoct. No modIflcation of tWs Beument AQroement ehail be of at�r force ot effect u�il dgrxd by the party W bo eh�rged. p) �jjj�. Iavalidatba of any covenant, conditlon, or reatrlcHon or aqy otber provlsion eontained bereia or thc opplteation theneof to aqy person or e�lty by judgnaeat or court order ehaU ia no way affxt any of tbe other covenAnts, condtdons. recMctions, or provisloas hereof, or the applicatioa thereof to any othec pecsoa or entity. aad the eame ehall rerpain in !WI forcc ead effat (a� $�jpgfl. 'Ibe captlon headings of [he various sections Aad P�S�P� of this F.aseauat Agrament 4c�o for coaveni�nco aad identificatioa ody and sbaU aot bo dxmcd W limit, expaad or detine the coateat� of Wa mpectIve soctione or pare�rapbs. i. u � � � r � r � ,�f V '� . :� � � � � � � + I � ;I , r. � i ��� -r: (p) AS�Ys' Fecs. Ia the event aqy pany lunto ahall comi,uace any : acdoa againet any other party nlating to this Easeraent A�rament or for the breach of any obligation oonWned hercia. the pnvailing pury shsU be entitled to recovu from the losia8 PartY reasonable atwraeys' las, expenses� end court costs. •xw� t�u�•eeoei w. saosa.� o - 13 — � , j1 � f « � ♦ c�ai.� `s:�won�nnmo�r+toon o+w»d.a o.awM:nana.mn orMrd:2;vim�n���m:nwn `;. � _ _ _. . . . �. . . . . . . . . .. R.��.. ... ..... . . '. _ . _.._— • --- ��: . _'i . . _. _ .. ._. _..� .. . - ._ . , _._ . �.�—• � tx wrtrrEss wx�oF me Qu�a ���a e� m� �c ��c u of tbe dxe �od yar fint above writtan. ��� PALM DESBRT RBDBVBLAPMBNT Cotter: A(iffidCY� a publk body, coiponte am polldc � By: Cd�imwt J COTfffit � 5;•. // . ./._� � � ... ✓ "" " ' � • • ► � :�• �, „��• „ / , � �i1� � 17 % i/.; � - i � i .A�✓/ . / �� . / f � _, Appmvad a to focm: Wch�cds, Wauoa & (3enhon, a prot�towl oaporadon � 8y: �''�' , J 1u. Aulcunt Ptt� �Y J •i�wi vaa•0000i an isoo►��.� o ' 14 - ,, ...' Bl P�ao: BL PASEO COLL�C170N NORTH, a Calitomia limitod pumanlilp By: FPP-SPCN� LLC. a Cvifomia limioed WbiUty coa�ptqy. Its (knecal Paraer By: Fred Fan, Managiag Member t �Ca:ill[:O1fI RESTAUItANTS UNLIHATBD� INC. (DBA THB PALAMINO RPSTAUI2AN'I), a cotporation BY� Wu�+en Wolfe. Praident Rose: STANLEY H. ROSB CO.. a V1►uhlnQtop State oocporuion By: June Rosc� Pctisideat bJn: W�:19V?])1111Ni01�)M11999 Pyet�ulMl v. '� « ! � ♦ n.�.�wW�.d.o�a.w�� o.nw:�.v-m�e��rx:nNn _ ..,� A ,r.. �� i' �, � �; i�i� ;;�� F �': ,.� � �i i, :l � �� �� i i• v u . � � r. 1 � � � , V . � N_^ W � � � �� � � � 1 . � ; �:.' , I� . �. :� __ ' W WTl'NESS WHERDOP tba puties hercW luve wcocutod thie Bisement Agreanent � -: �u of the due aad yeu first abova wrbtea. � I ASexy% „ PALM DES�tT RBDBVBLAPMBNT Couar: AC3BNCY� s pub1b body� coiponto uid polidc �: Cb�itm�n JAMBSi C01'fBR /� � p�i00: EL PASEO COLLF.C'lION NORTH, a iSecroury C��ita�ait limioed pa:ooenhip City: sy: FFP-P.QCN� LLC, � Glltocnia 1laiited ��Y �P�Y, iu (3eneal Pumer QTY OF PALM DESffitT, � nwaicIp�i � c�upor�doa By: d Fem. Mana�ing Maaber By: i Mayor Rauwnab: Aueat: RBSTAURANTS UNI.IMiTED, INC. (DBA THB PAIAMIIdO RF.STAURAN'I). t City Clak ��� By: , Wurea Wolfe. Preaident Approved u to fo�m: Itichu+�. Watson & Cierahon. a p[ofa�toml corpondoa Roae: S1'ANLBY B. ROSB CO., a Wubiagwn IState co�pocation � py; � J A. Rabin, Astiaunt+City By: may /L�__ June Rose. Presideat p�•ft� I J � �iiui »wr�oaa ow s�eesa.� e - 14 - _ .. .:: i oa.: ooc-�ouo-a���o�rna�zo-ww vay �s d �e �� u � � �. � r� � �; u :�- �; .t�. � � , � j".� � � N � � � � �� � � i� H � .� .« � � 4 � hwataAN:0l�ebl�n VAMwd}/9,'301CII:�B:IiAM \ � ; i I, � IN WITNPSS WFiBitDOF the putles hereto l�vic exea►ud this Essanent Agroean�nt •av of the due and yeu flnt above wriuea. �: PALM DESBRT REDEVBLOPMF.NT Cotter: AGBNCY, a public body, co:por+te u�d povdc By: (�Irn�aa JAM83 001'i'ER Attea: Sccrctary City: CITY OF PALM DBSBRT. a muaicipal coipor�ttoa ffi Pateo: EL PASEO COLLi�C7ION NORTH, A Califom4 limioed partnenhip By: PFP-BPCN� LLC� a Glifornia llmltod IiabllitY companY� lts Qeoecal Puwer By: F�+ed Fem, Mstnaging Manber By: �yo� � City Clerlc i �: c� . (DBA THE PAIA119N0 RFSTAURAN'I), a corporadoa By: G�o %'� JameB M. Welch . Approved u to fotta: euecutive vioe preaici�ent Richud�, Wwtcon & Cienlwa. a profeseion�l Roae: coiporuioa STANLBY B. ROSB CO.. a Washtagton State co ration $q: (�.�yrl/' e A. Rabin, Assistant C!!}�J�% By. '� AuorneY luae Rose. .���� ,.��..o.o� �. ��«,��. � . — i� — _. _.� my.: o.�. ww n��oim o� r� �wv vrs �ed w �� �, �t i: r �. � �: �� u� .� _� �. � i� 'i � 1'f u� ,.- - 4 . � � �� � �: � ��� � � � H � � ' : V� M �� � .« � � � '' 6eatedM'IlMwbl�+on RYila�)i9�J1111111:1B:yM1 \ ���,. ,, � �, ; ��. __ �� ; � . . .......... ._. . .. ... .. � , .� � -� . s� ac ca��� } j . } � caw,cy at � � , �,� � On ' 19Q��.�ore me� . a Notuy " .. Public. pecsoaitly anoeared r�-�4 P�6G� _G,e.. s,�". .� ._r :' ' ;� � knowa to me (or proved to me on the Wsb ot satiaf�ctory evldeace) to be the person(c) wt►� �y ; E,+� nune(s) ia/ore aubacrlbed to tbe wIthln iastcument aad ackaowledged to me tf�t he/ahNthey � '� executod tba same In hia/hedtheir suihodud capachY(iea), �nd t1�t by hia/Ner/their aignatune(a) on ! � nt tUe persoa(a)� or the emlty upoa beh�if af wdich the person(�) acted, executed tlse � �� f � �� i .. wiTxass my �a ,� o�-�� �. slguan�re (seal) .,T`� � oae.: a..:�wnnim�o�za�wo oq���wae ' i: .— - d i� ►;� ,.., �;' � � ►; � ,; �� � �, �' , ��� . �� �'=' � � - �- � ��•= ; }� � i ' I 1 I � � � I , � H C :� � ti �' � ' , � � N i r�.rc.der:aar�oi.�n o.ti.d���a�wie��:�a:vua ,;.,` � � , 1 . __. _-- `� �,� . ..:..... .. ., , ..,...<.1-,.....�.�.r.-.�.w...�_._.._.. _<_::. _ - __ ___ _. srue or CWf«nta } . Coiuuy of �1VERSl�.E _ ,} } pn 11C�1 . 19�, 6efom wo� _�"/Nd� Cp pASS . a Notary Puhtic, PenooillY �pared _.�9�fi 5 G. Ce T7'� iP pawn�Ily lmown a me (ar proved to tna on tbe Msls of r�factory evlaeace) W be tl�e percon(�) whoae n�e(�) W�rabscribed to the wlthia ln�hument �od �clmowbdged to me tl�at be/�rl� exx�toa we .ame in hWb.rr� autbo�ea o.Pacftycta>, .m thu by hiaAni/t�ely dgo�e(,) cn wa instnaneat tLe pecson(s)� or tue eadty npon beh�lt ot whkh We Pec�on(�l +cted, exxuud the i�ment. WlT�1BSS my �ad �nd o�'ictal �eal. �� S� �c covws� �y : cowk na�s�i ""°�'orv� c� � AM Cortim. E�q JWd tb.1991 �=�� 1 ft ��� � �}j� ��. ,, � � M , �� :� . � � � � ' � � u. .;., .. � . .� N � W. ^ W t����, ���z. ����. �:���� : ��- � I „iai .u.,-oea, ew itwi�,.i o - 1 • , ._M Odn' Ikr� 19W-])ISOMI01-J419W P�F IB W�B � � � � � � . H Ir � � ; hwMMB�:psellrnn MMeG:i,�2111611:N1:ilM1 r y �,� r. � ,i� u : . .. :� ; � � or calitomta } � . —t County of .�?S �1'�i�Qs } � i , On �,fne. r 3 j 19 . bsfore au, r(1 � fa dA �r ►�n 1� , a �� Noury Publie, porsonally appeand �va�j3,�'e r v� �' ,� � proved co au on au lusis of utistutory evidence) co be rhe perso ;� � wbote tame�syl� cubsctibed to tbe withh� irutnut►et�t utid acknowled ed to me tbat�r�l �:; , ex,ccuted the �atne in �1�'tj[r�tjQr autAortud cipulcy(�, u►d cl�t by �Jl�d�j►Qr sigswnua on �; tbe inswaun� @►e perren�j. or tb aatity npoa bebalf of which the porton� acted, executed the �%� • �:, u �. ,. ., � �,... .: WITNESS my huW nnd offkial rea1. _ M�ea�i�ao�n: »��� `' i - No+oy wak-t,otlallo � � Los MOs:es COumY MrcoTM.�oties�ae.lao� �! 1--� Signuura 71'Iii� ::j . I (u�l) �� � . �� ;� :� , �r � , � . : ��;: i � , J���+ f� ' ��: i � : nsqt Hac.e�wi w� :�:a;t�.� a • 1 _ o,y.� nR:�000-n��o�ni»�ovo nr�a�ian i H � c i � I. � H , �� d i � � frwaaev:o���r�. w�wM:�ra,�o�ei�:�e:��w - --r _ i; _ p � . u 'rl.i.:�+a�.�+�i+it7p�'=.at'�c��.''.�°i�R`.rs.:'#'"k:Y'ti�"'�iwi%.'.i��3�Ri.Ap�s�.�'.e��.�, :. . .. • .�.. � � • `' � � " s�� of�-w�sti�►� } i�: 1 . . } � cowxy of �j ►VlD1 -- } ' , I; f� On �4� � � 19 , beforo me� � a ; � � Notary Publ[c. person�lly tppared S M. f,ho_ — - � J ,� persomUy known to me (or pmved to me on tLe bails of s�Wt�ctory evldencc) to be the peisoa(s) ; wiwse n�me(a) ia/a�e wbscrlbed W the w1tWa Imtntmeat aod acknowledged w ma Qnt he/tbe/tlKy �,i �') exocuood tbe wme in hWhedtLetr wWorized ca�city(ka)� nnd Wat by hLUhedtbeir dgmwre(�) on :;; u�� tbe ias�ument tbe pason(s)� or tlu entity upon behilf ot which the penon(�) acoed, exautod We �� �'j itlitNlD011t. 4'� .. . • I i' W�iJBS.S IDj� bifld AAd OPFCIiI 6qI. ,� �J �f , v $Ij08WPG '1� � � � (�) ;.; � , E���: ` •� �� .'�� i�t4 ! � � � ! � . f7107i M�Of-00001 ov� 1�OOSi/.1 0 6An� hr:19041)ISOMIOI 191000 �� D. f JO ol a8 i � M C � i N �"� J� � �M • I r � 6aalaE 9V:04 o bl�wm Mtwd: }i9: JOIS II:�B:N AM :'I • .. i �• . `� . � u , � i � 1� '' f �: r � � � 1, I., � i ��' k} � , �y � � .— ' �` F-a !� � : N �, �O ; .E � . � �. .... .� ��. „ , . , , . ... . , �� .. .. . . • ..� ...... . ...... . . .:. A �. � c,+�o�exu civn. con� - CERTQ►ICATE OF ACKNOR►LEDGMENT STATB OF CALIFORMA ) COUNTY OF RIVf'.RSIDB ) � On October 29, 1997, before me, Madeline J. Scott, Nowy Public, penoaally tppeued June Rose O pecton�lty knowu to me • OR � ptoved to me on tbe buie of wtIeti�ctory evideaa to be tha peran whose aune ie wb�rlbed to the withia inqnuneat ead �dmowfedged to me that dse aaurod the �arao in her wthoriud capacity. md that by her dgoadrro oa tbe la+trumeat tbe penon, or tGe eadty upoa behalf of wWdt the pereon �aed. acxuted the inttn�meaG WIIT�SS my fuad snd official es�l. � �i � war�w—a.w �g�nswre of t y,q ���,� o: �. �� � ��� , �� ;� � � � ���� ��� �� ue.: �a.:iwo»��o�a��»iwa vap 2� o� ae I � � � � � � ;� d � � :i� rr�.aev: da. a.m� atie..t �iv,m�e ��:�e-s�,w e . 1 � � .� . � �• f r � � E, � I �--+ 1N � ��O : �. � « .� � � � � ���� �� � � H C � »�o�, .�.o�.o�o� �. ,�o.,.�., . — a — (tiln: Ou[. IVYI 3)1511 /Yll llt-}41�V9 VaP Zl o� 90 , �i � � � N � ., d � � .� C�aateA 9I: drM H�wan RMeQ 2�9: ]OIM1 I l:ql:la AM ;;: BxWbit Ml Ageocy Parcet Bxbibit A 2 Gty P�c+csl — Bxhtbit B Oruuon' Parceb ' BxWbk C E�uemeot Ares .; ___ � � u , � � �• � , � � � �.. :':.,:' ' ....... . . _.'`.. . �_ .. . -___—...,_.�•;.:........r ... ...... . ..............��.�.:. IOBERT lEIN. NILLIAM FROS1' AND ASSOCIATES 74410 Nighxay ili Pa1■ pesert. G1lforaia l2Z60 May 31, 1l9S JN 301312 Pa�� 1 of 2 [�T�7���� ��1� � � ,1, � •�. .� � .� �� ., �, Tbat artaia p�rcel of l�nd sltu�ted in th� City of Pal■ Desert� Couaty of Riverside� State of C�1lforal;� beinp those port�ons of Old Hiphwyr 74 vacated per docurent reeorded Augu:t Z9. 1974 as Instrurent No. 112085 ot Ottleial Records� topethe� with tbose porttons of Elock 'A" ot Pa1e Dasart as show� on a N�p thoreot f11ed on Book 21, Papes 50 throuph 54 of Nips, both ia the Offic� ot tM CounRy Recorder of sald Riwrslde County. described as tollowss BE6INNING at the most northerly corn�r ot Parni 1 of Parcel Flap No. 13584 as shown on a eap thereof filed in Book 59. Pa�es 90 �ad 91 of Parc�l Maps in said Offlee of the Riverside Count,y Rewrdtd� said eorner being a point on a eurve in northwesterly line ot sald pareal concave southeisterly and having � radius of 900.00 feet. a radial line f s�4d curw froe sald point bears South 52°59'S8" Easti thence �edialiy froa utd curve Rorth S2°59'S8" Y�st 50.00 feet to a polnt 1n a �urve ia the southeasterly tina of seld Bloek "A" eoaeentric wlth last said curv� and balnp cancave southaast�rly and haviny a radtus af 4bQ.00 fa�tt thenee alony said wrve and soulheastarly tine, aortheastarly 77.56 fent throu9h a antral anple ot 4°40'39'; thenee non tengent tro� said curve North 86°07'28" Nest 124.99 teet to the non- t�npent intersaction wltd a curve in thf westarly line of said 81ock 'A" concave wast�rly and havinp a radius of 550.00 f��t, a radial line of said curva irom said point bears South 66°00'40• ilesti thence along said curra. westarly line and the continwtiaa thereof southerly 186.89 feet throu�h a eentral anpla of 19°28'41"; thence taap�nt fros s�id curve South 4'30'39' E�st 2Z.66 feet to the westarly torner ot said Parcel 1 and a point on satd curve 1n the northwesterly 11ne of said parcel. a radial lin• of said curve froa s�id point bears South 60°Sb'10" East= `J1�jp���j b'�i�Ze � J \ 1=�Cc�+���r f�"a ��� � � ; # � 1�-� � N ,! � . � �O � : �� I� �� � i � ���� # � � , � � H � C , � • i H �) d 1 M LJ ♦' 6M: hr:IWPI)ILIAfi101 ]V 1009 PapelJolall MAdBy:OW�IW�con 1'rYite21,�9:101611'�B-ISMI � � 0 - -- �: . . � , � r� � , u � -�� ► � � � �. � � � j 'E � � � � ,. �. � . . �' I � ,N ' �� � � _ �O ; � �O � ' �1 � � �r� • , � � � � . ���� � � �� ����� �7 �C�r�c.�j � y it � Grt i�-' � 6Yv: Dac- 19V0.i)191 NA 01 39 1999 V. p]I o19B � -::.�:.:,�;��,, ��' �. Robort Bein, Y111i�m Frost and Assoctit�s Pa1■ Desart Parking lot U��� Parcel to the City of P�lm QeseM M�y 31 1995 il �01312 Page 2 af 2 thence ,lon9 s�id curve �nd northwst�rly line. narthe�sterly 12�.67 feet thrau9h a centril tnqle of 7'S6'12' to the POINT OF BE6INHIHG. CONTIUNIHBs 0.26/ Ikra�� moro or less. SUBJECT TO all covenznts, rlghts, rl9hts-of-w�y► �nd ersemenLs of record. EXHIBIT 'B' attachod md by this refarence aude � part heraof. �Q �N D SGA !/ZGtG� /'' ��'"� � ��,c, ��cE �,�o�o awrence . uon� . . 3�— � 1J :� �.s.3sa� * Exp. 6 • 30 • 98 * �r �',��OF pA1.`�OP•� �. . ��; a . `�. a...��:�,d.� �� H � � N d � IX Zi9�A1611:�8:1'. _ __. . � --- -- i: ; � �� ': V .� ' ` "� i � .) � ' � 'E f � . ' / � ; ;{ � e i: •. .. . - R H� W � fj . �r r �.� � ` ,�"�: � � •� r�� •� : �� �� � � .... . ,.. ,, .. . .. •:..�. .... . � , �. , � w►a wxrwr itt _ SCA� : 1' � 100' � sreTe Ho►rw�r m 0 ���140.00�r. �........�.�.�.r__,�.,�1� �. � ` wa�s sawue � / � �ROIFIITY ' YLQCK �A'� \ �` W. !!/f0•K //�i '� � �/ ` �j � ..� �/C� �/ /�/ . � ,�� �, , \ \ w\\ j,� / ��/ \� Ka`� �,A� � ��. .�' \ �.bg' O.YS4 Ao. � �� ��,` d (S �or tt, ., / J a�aac -F-. �, l� r � � / ►+a avaa��, � 1 F `�` � . .-� � 1 ~ � `. � � � � � ������f � s�o.r ��uca�. � � T � ����is.:�ipst i �"C�,C��?C� l�{,(�r��1 � lt � jt� �� l�'' I ���___L � � � �t r�s�o ' EXHIBIT �8� �►r ro AccauPa�nr a t.�c�at. t�sc�o�u r-oA HWY. 74 AND EL PASEO PARKING LO7 EXPANSION, TO THE C(TY OF PALM OESERT. TABLE OF CO(lRSES 1Q-- N 523�'38� W 50.00' (RAO) 02 -- 4� 0� 40 JD R�p30,OC' L. 77.3Q' 3a--- N 88b7'$8' W 121.�9' �0--. pr 10?8'N' /Jr850.00' L�lEB.�B' SQ----- S 01 JD'39' E ?2.66' 6a—�A� 0�36'12' R�000.00' L�1�4.67' SHEET f OF t SHEET Ro6eMp����W�m �st�' �'�c1�t�a �� � �s�"" J.N. 3013t4 uAY 31. 1995 � •— � vaq �s o� �e oa.: oa: »va nuo ncn oi �s iva+ I i H � � N H Cy � . � y, � C�b�:�yr�y�� prMe�}/9�301411:�N�i5M1 Bxhlblt A-2 City Pu+cel s,�.�a nw:.0000i w. isooia.� o - 1 - ... ..- - --- ---- _.._.--- -�- , ; .� � . � r u :� .; i � i � � �. � u� .. ��, : ��� N �O � �O � � ��_ j �. ,! � � �� i 1� , ��,� :; � i ! � � � C Ch � N . H . Cy , �i ' _.�...�..-s.- . � . .. ; ne�.: n.�:�000n�souao�-»�voa CqMnlb o..�wav:m.�v...n n.�n.e�ia,,anin��:ce:xwn .� �:� ;i���. � November 6,1997 JN 301312-M2 pa�e 1 of 2 ,,, � ' : i. � .� ' :�r •.�, �.� • ; „ ..i.rr .. . � : � • I' � � � M . � . � i� �: i; f. � I �. u ., � . F-� IV �D � Thet ccrtain pucel of laad tituotcd ia tGo City of Palm Aescrt, County of Rivcrstda, 5tato of California, being that portioa of the land deacribod in Inswmeat No. 130762 of 011icial Records rxotded October 10,1974 in the OA'ica of the Couaty Ruordor of said Rivenide County, described es fo�lowx COMMENCIIVG at the most westedy wmer of Lot 24, Dlock "F" of Palm Desett av shown on a map thercof filed in Dook 21, Pagra SO Qirou�h S4 olMap� In sald Oflico of ttu Riverside County Recorder, aaid comcr being a point on a curvc Ia tlu southeavterly rigl�t of wey line of Palms to Pines Highway as shown on �aid Palm Desert map concavc southeastedy and having a raclius of 850.00 feet� a radie! Uno of esid cucvo frora cald polat bears Sowh 52°58`25" �'ast; thence along the prolongation of said radial liae North 52°SS'25" West 50.00 fat to tlu TRUC POIIVT OF DE(iINNING, aatd polnt bciag oa a curn ia the canterlino of satd Palrw to PInw Highway concentric with ]aet aaid curve end being ooncave sou�heastaty end having a:edius of 900.00 feet; thence along said curve and centerline nortlieastedy 8.20 feet ihrough a central angle of 00°3l'i9" w the begi�uung of a non-tangent cuive concsve narthedy and having a radius of 37.50 feet, a radial llao of said curvo from said poIat bcacs North a 1°45'00' Cast; thena atoAg said curve easterly 69.60 fect tluough a central an�le of 306°20'45"; thence tangent from said curva North 25°Z4'15" Eest 29.55 feet; �• 3 . : ' f 1' ��� . � � - �� ? ���� � � � � I � thencoNarth 64°35'45" West 13.64 fat; � thencx Nor1h 45°58'18" Weat 45.24 feet; • � thaioe NoRU 47°43' 4T West 21.75 fect to n point on a curve ii� the northwcsterly right of way line � iaf Pulms w Pines Highway coneentric wiU� seid cucve in said centaliae and bein� concava N umtiemsuwuuan�a�e�n�unr�r.rro �..� Cit� ct•r�.v_I �, t� �xq�b�r i��- � , , ,. ._ wn: n.:�wun��o�o�-�o-�vw v,pno�ae oereae�:n...�»...n w�wea:z�vi�n�ni�:ui:ie�n Itobcrt Dcin. Willlam Frast & Associetca �a-ato w�n�y i t i Palm Aesert, CA 92260 ----.1 . - --- -� . � 7 u a �' � -- . . . �:.. � . . . . . ._ _ ; �; �: .. � i :;; l� 1� �I � ' !�f � � W F�. � y_•-' ► : � � � N , � � � � � , „ � . ���; •�Z ��� � =- ���: . ��`.- . � - � f Robert aetn, WUlleai Fmst aud Aswclata November 6,1997 Palm DeseK Paricina Lot JN 301312-M2 Pupetual Easement for Maintenence Puiposes Psgo 2 of 2 southeasterly end havL�g a radiva of 950.00 fxt, a radial liae of �ald curn from �aid point beacs SouW 47•43'47" Ea� thence alonQ said c�uve and aorihwestedy dght of way line souWweaterly 86.95 feet Uuough a aattal snglo of03°14'36'; thenca radially ftom said curve South 52°58�5' West 50.00 feet to the TRUB POINT OF HEGIIV1YlNG. CONTAJN1NGi O.153 Acres, raoro or lcss. SUDJEC'f TO eU covenants, rights, d�hts�of-way and easements of ncord. EXHIBIT "B" atteched artd by this tefcrence mad� a paR hereof. lAN ���, � . � 9 W. L(;ItEEN, L.S. 4547 * � 9,�,� � C.I� Izl��:�l Il'WIN7�/GATAV7ISROF{l�Wfi.11NL.GDDl�?D � �II Y�� ' " � . �... . .,. oes: oar:�000-n��ous�o�zs�wa oqla�iac � H C � � � �"'+ C�� � . _._, ���,�..�...�.. �.,��,,a-m,�,,.��,� ---� - ---.. .. _.. _ .. _ _ ._. _ . . ..... - --- - - -- - � - ■/I I i � . 4' �p' '�' _ �°' 'q°' __�f sr�rc H�caw�r � r � scu� : �' - �oo' g STAiC HfGHWAY I11 __ � _ � , �--- _ 1� � � ; I ,, 1 �_ ._. ._. _ ._. ___. _. ` ._... — — ""� 'll ' /7 _ T / f i � l /�c� \` 1%�� ��� // y i � �/���1� / �r � �/ 10 �. ,�C \ � BLOOK� A ; � � `r � AL9. IIt/60-64. ��`����j / �� el.00K 'f', \ . \jj,4]„�s-G4 / / �i�� M.B. IIVQO-6f. �RM) \ \ \ g 8 S/ � ` 2� � � / LOT P4, � � � 3 etoox �, � / M.s, zvaas4, � 1 � � 9i , ��� 1 t� � �\ � ; � �� � � � � /� � I I PAACHL 7 r / ��ao�t t PJN9. AO/DO-iL Ill�v.ru.e. eaioo-ai. �._�.___ _.� _ _ �j,BLE OF COURSES a. r�o �_ H s2�e'as' w saou' (R�n3 Q—.�• 0�7�3��,a• R.�00.00� �• �70� Ja—A� 10670'45' R�37.50' L� 69.60' 4— N 25'�415 E 29.SS' 54-- N 64'35�15� W 13.84' 8�— N 45"SD 18' W 13.24' OT -- N 47'�3'47' W 21.75� i�) 8Q— d= OS'I<'JB' RaQ50.00' t= 86.95' Q9 --- S 52"J8'25' E 50.00' (RAD) EXHlBIT �V tt ���NOUISFIl1ENi 70 THE dTY OF PAUA OESERT PEH WSL N0. 130762, O.R., RECb f0/f0/74 PLAT TO ACCOMPANY A LEGAL DE3CRIP110N FOR PALM DESERT PARKING LOT - PERPEtUAL G EASFMENT FOR - MAINTENANCE PURPOSES. 4� fYOn� 0¢: IW0.l)ISOMI01 M 1900 ; , � •� ; � . � �'. " �- � - �( i , � , �= �w• � �, . �g- Q ' � ��=� �� c� F � SHEET 1 OF 1 SHEET : Robe�B:�eln�,�lll�lei��st `��etes �:; w�y t M ir-� ► pp ar� w Wr J.N. 301J1Z-1(2 NOVfidBER 6, 1997 � 'c� rr_� 1 — ri . a -2._ � �' � i►.�". ov�vw�a u.wwwM:rn.nHn..� wY�t.hvv�m�e��ve:1t/rl ` , %' 1 .� � Y 1.. � Noveraber 6,1997 3N 301312-M! Pege 1 of 2 .�: � . yc � r�. �. � '. . : : . I. � .� ' :ft '.. •" n.l 1 � �� , 1�11u : . L i�1 That certain pu�ccl of land situated in We City of Aalm Desect, County of Riverside, State of Callfomla� beiag tlut pottton of tho land desccibed In InsWment No.1307G2 of OfficiallLecords nco�ded Octobu ]0, t974 ia ttu OfUoe of tho Couaty Rxorder of:aid Riveaide Coualy, descdbed as follows: COMMENCINC at the mosi westedy comer of I.at 24, Slock "F' of Palm Desert av sl�own on a map theroof tlled in Book 2l, Pages 50 through 54 of Maps in ssid Ofiice of the R{verside Counly Recorder, eaid cotner belag a point on a cutve in the wuUKastecly riglit oFway IIm of Pnlms to Pines Highway aa shown on said PaSm Ucsert map concave southeasterly and havinQ a radius of 850.00 feet, a radial [Iae of aeid curva Gom oaid point bea� 3outh 52°SS'23' East; Wence elong the prolongatton of said radlal liae North S2°58'25" West 100.00 fect to a potnt on a cunra in thc northwcsterly right ofway linc of said Palms to Pincs Highway conccntric with last said curve aad being coacave soulheasterly end haviag a radius of 950.00 feet; theace along said cunre end aorthwesterly right of wap liae aoRheasterly i50.27 feet through a cxntral an�le of 09°03'49" to tho TItU6 POINT OF nCG1NNING; thence radiaUy from seid curve South 43°54'38" Easl 36.18 feet; theaee North 44°38'22" Eest 131.99 feet; thenco Norih 4S°26'30" West 23.73 feet to the nan-tangent intetsecUon wtth caid curvo in tha norihwestaly dght of wsy line of Palms to Pines Hlghway, a radial line of seid curve from said poiat beara South 35°STS7" East; N10tIWJd1TAW11�NTD I pJs: Ov . 19p! 11lm AOI OI 39 1999 Robut Bein, Wi11Iua Froat & Associatee 74�41Q Wghw4y 111 palm DeaeR, CA 92260 (. j� �1Yf.� � ��, A -Z naqe n o� w �� � � /� U I�.. i : - � • • • I i �� i � � . � �� Q��I ���i � • � 1--I C � � H C :. � �. �' n.�nwey:a�..v...� v.`n.az-v.,za�e�i:�e:i�rn � � '� ' 1 . �i . ;... � Rot��e s�t�, wju� r�c�an�t�, Pa1m Desert Parkin� Lot Perpetual Eaeement for Mainteneace P�uposcs uo��►� 6,1997 1N 301312-M 1 Page 2 of 2 �, i � thence along sald curve and right of way line soWhwestedy 131.73 fat tfuough a central angle of 07°56'41" to the TRUE P011VT OF 13EGINNING. COIVTAININGt 0.093 Acra, taore or lcs�. SUBJECT TO eU coveaeuts, riBhts, rights-af-way and easemeat� of rxord. E1�iwrr "I3" sctactKd and by this rcrerena made a parc hereof. ��- �.`� ' . � �ZF�� W L (3REEN. L.S. 4547 . � � ,�90�J90 �4 _ � � .I � ! � I � �' • ' 1 1 i � � � •��. � � i 7 � , . F-r IN ! � � � r� ��Z � ��i � ���.' � - xiwr�wwT�uouirortua�xuu,c�mo.no �i� �C.�✓�•►'� �,� . � `�-- i �. � H �v � � � t� � � ' !�, vas: dr:�aaaa��snxno�n�v» oyn���iax fs.rwM:n..�+.o. n.nild:�,ai�n�e��:�e:n�n �>�:.r . so� � o• � o� � � r�F SfATE HIGHWAY 1 � � SCAIE : 1' . 100' 8 STATE HICHriAY f f 1 r � ' �—_ �.T...._-----'—� �// � N • �• wr I S RAD) � '� / / � TPAB, Q �� �� / � � \ � � �Q�� /�1� � BLOCK •A•, / � 1� ��,o�'` M.B. IIf/60-64. / .�r�� �` l.OT 1. \ ` �� y / l�� � M.B. R d0-tl4. ` � � % �� � � / \ \` ' ���j / 1 �� � LOT Z�. � � � BLOCK 'P', � �� A1.Ei. 41/60-64. � � ` � � � �1� 1 � ,� � � � / � , ,� . � � � � \ � � / y a�u+a�, s � I I' �P�.H. 6�Oi. PJdB. QO/o0.0L I!/ �—�_.,._�� ...�L __ TABLE OF COURSES EL PASEO � N 5«'S8 23� W 100.00' (RAO) 20—A� 09'03�7 R�350.00' L• 150.27' � S IJ'S4�38' E J6.18' (RAO) 4— N 44'3822' E 1J1.89' a— N 4576'30' W 217J' 6� �� 07'S6'11' Ra950.00� t� 131.73' EXHIBIT �B� o �R�o ;�,a2 oRT ��ro,o�,�r PLAT TO ACCOMPANY A LECiAL. DESCRIPT(ON FOR PAl.M DESERT PARKING LOT - PERPEiUAL EASEMENT FOR MAlN1'ENANCE PURPOSES. b�i�: pa.19901)IYIMIOI�J4100V i V 3 1 � . / � � I .� _ � ��a i r � �� �+� �r�� I � � f1 � � �� � ���, � � � H SHEET 1 OF 1 SHEET � � Robert Beln,Wilflem Frost & Aasoclafes � o�o►tssaut u�tc� ►u�rartas a suncras (n �... �... „� �... w.....�» �,�..�..���„�..� � H J.N. 301J12-411 N0�£MBER 6. 1997 � ' f'�✓�t1? �� � `�r rl��-- . .. � � n.,ynd+x �wer:a..�w..m VAiwl:}.9/]01lII:�B.J)M1 Exhibit &1 COttGr erty located in the City of Pa1m Dccut, County of Rlverslde, State of Califorcda, described as foUow�: Patcd 1 of Parcel Map 13584, in the Ciry of Palm Aesen. County of River�lde, State of Califomia. as per Map ra:ordod In 800k S9, Pages 90 and 91 of Parcel Maps, ia the Officc af the County Recorder of said County. � 990103 jar F519.W � T� �� � :� � r. � � i � I ! I � u � �., j .I ,� l N �O �O � �� r� �� m, ��;_: � �: �� �: 'u•_ a - � F-1 C � � � !�'1 b � �1 I ' � ' uds: p�:�vuai�inuno�2vwua v.ynnoi+e o..�wM:ot.ea.� Atit�3:9.�101lII:�X:IIMI �117f� B-Z Rose/Restaucanrs perty located in the City of Palm Iksert, County of Riversidc, State of Celifornia, ddcribed as follow�: Lot 24 of Blocic F of P�lm Desert, Ciry of Palm Desert, County of Riverside, State of California. as pu Mtp in Boaic 21. Pages SQ Lo 54. boW inctusive of Niaps, ia thc office of tbe County Recorder of �ald Couaty. Togotber with tbat portion of the old Hlghwdy 74 coincident to said Iat 24 that would pas+ by opendon of law with the conveyance of said Lot 24. Sa1d portion of o1d Highway 74 be(ng vacated and delinatcd by Resolution of the City Council af the City of Palm Desert, a certitied oopy of aaid ttcsolution being reeorded Aeeember 3, 1978. Instcument i234872 of or�►�w x�. 0 �. � � 'f � ��.•,. � ' f' ? j I � �'' 1 I �� / i �I � ,�I� ` V � .., `.. I !� � ' N �O � � ��� ��� fi.� - ! - �� - � � � � 8 990105 pr FSl9.ju � 6Cn' 0¢:199iJ)110Ni01�J419W VyrJIW�1B 7d H C ��y N � M d � ' �1 ., hxwlxJB�:drrlYtwm WY�teQ3/9�MIM1II:YI:YM1 ExLiblt &3 El Peseo ---- ----_ -� �--perty located in the City of P�lm Iksett, County of Riverside, Statc of Cslifornia, desctlbed as follows: Pac+cel A: Percel2 of P�nxl Map 13584. on fik in Book 59, Pages 90 aad 91, of Parce! Map�, Rccords of Riveeyide County, California. Paral 8: Lot 22 in Block F of Palm Desert. as shown by Map on tile in Book 21, Pages SO t}uough 54, iaclusive, of Maps, Rccords of Rivetside County. Califotaia. -�. �� r� � y � r � �� ��� � �i 990103 jar rSl9.jar bOs� dr' IW4t)IYINA 01 M I�YI r �. -�� �� .� ;: � � � � J !/� V -�— - � � - � ti �D �O � � � � �M N � H d � ,1 �. nn�isui+e oe�rtala�:oL.nw.won RYMeE:3,�0�MIE1l:�B:%MI • - - . • . - - • - { � .; � r�. � . . ' , Exhibit C Easetpent Area F j� 1 I C � � , ����. ,i .; . R � � � � ,»o�� n.a�.00�� o.,. ��.o«,., o - 1 - f�bw: hr: IODPI)190AO101 ]910V9 ��� � ��-� .��. � � � � � � ���n �� ; � �- : �= � i� � . I . y � V.yY Y ul IB O�+IW M: d+� �� M1ti�� �'9.r?pl6 tl:�fl-E �M c��"� rtotx�c no�a wWiluem Frost & nssociates 74-410 Highway 111 paUn peseit, CA 92160 Septemher 4,1997 JN 301312 Page 1 of i •�. � •�: • r �. „ � . •�, t .� •. yr; Nr �. � „i:�.� � .r.i �� � � That eertaia pareel of laad �ituaud ia tbe City of paUn DeseK, County of Rivuside, Stato of �'o� yeiag ttwt poction of Parcel 1 of Percel Mep No.13584 av s}wwn on a map thereof Aled in Book 59, Pagea 94 aod 91 of Parcel Meps ia thc O�ce of Q�e Couaty Recordu of �aid Riverside Caunty. desoa'bod at follows: BEGINMNG at tbe most northerly camer of Paroel l of said Paral Map No. 13584 , said coma being e polnt on a �ucva ta the ao�thwestufy l'ua of cald parcel concavo wutheasterly and having a radius of 900.00 fat� a ndia! W�e oftsid curve from said poiat bears South 52°56'ZS" F.a:t; 4ienea southwesterly 124.80 feet eloc� aa[d curvc tiuough a ua�al sa�le of 07°56'42` to a point on tlu westaly litte of said Percel l; ` thence 4on-tangent from raid curve Soutlt 89°57�4' F,ast, 57.81 fee� theaoe South 00°00' 36" F.�t, 3.65 far thena Norih 89°37'38" Fast, 45.94 fat to a poiat on the no�terly line pf seid Parccl l; thence along seid aort}►e�utedy linc North 18'19'30" West, i 13.57 feet to the PUINT OF BEGTNNING. CONTAINING: 0.131 Acrrs, moro or less. - SUBJECT TO aU caveaaau, ri�hts, rights�of-way aad easuneats or rxad, EXliIBIT "B" attached and by t6is refee�ence made a put hercot Cc:�}F.��^ �r.��k �t�]�.t'h���' Cr-�� . WILWAM L. GItEEN, L.S. 4547 pnL'. pa:19W1)IYIH1i111�)41909 O�l)o1M � _ ._ _� 1! u .� � � � � � j j � � .. u� �— — N N � � � �� r�°' � � � �� ���' � � � �-�1 � � � H :� « f � .� � u+�a�m or: dro a.ea� w�wea: ��n: m�e � �:�a�.*+,w /' o� so• �oo' z o' ��f sur[ H�o+rw�r t f t 5� :�' -�p� g ar�rc wc►iw�r i» �------�._.__._...�.^.�—. � � � �� , � , . . � �� e� •�•. �� �; � �' � M.H. RI/50-SI. �� 1� � LOT 1� \ - / . HLOCJG 'F, ` � �4 M.B. P!/50-5{. �j/ � \ \ / � �,,{��a� \ 1 V 1.0'T PI, + � � �/ BLOpC 'P, � Af.9. t I /SO-51. r� � `�_ �, � 1 � 1 ' O �`�T � :+i� � � / \ � + \ � y 1�tir', � rN.e e��oo-or. ��•� ' ' ' 1 /PARCEL f "�O� � �/ � �/�O—�_I__� \� ..._ .—. .._. �_�L_. .._._. � ._. � \ t � 7ABLE_OE COURSES Q1 --•�� 075�;t?� R.900.0p' L�1?4.a0' 2�— S s95734 E 57.81' � p o- s0-- N 8a9'�7'38' E 45.94� EXHIBIT B � �— N ie74'3�0" w 116.37' PLAT TO ACCOMPA(Vl' A 0�K`AY VACATIWJ AER INST. NQ 112p63 RECb. B/29f7� �►�. °Esc�Pn°N F°R SHEET t OF 1 SHEET PALM OESERT PARKING ' LOT — C�%i$r(�� �� ^-`^^' 9eln. N1111am Frost dc Aasoclatea EASEMENT TO ' C.: N�- � PG�.� `�0N0"� ��� :»'�°'� OF PALM D�SE '�'� ��`"""`�" �� , G- J s�r��R ,, ,s�� I �re.: oa:�vaam�orao�-zc�wo v+y�vm+b . ..� � :� i i f � � � .� ..0 �_ - :� � � � '���� ; ���z. �: ���: � ��� � • '� H � � H d R ; i�] . . o.�.iwev:n�..��+.�� v�w�:�,�v�a�eii:�o�.ri� [L ?ASEO ,.� .. :. � � ---- � 0 ----------------------------------------------------------------- Lot name: CONBTRVCTIox BAs6l�t�'r i � � North� 947B.6679 8aot: 8175.3818 Curve Length� iZ4.80 Rad�ue: 900.00 Deltas 7-56-41 . Tangeats 62.50 Chord� iZ4.y0 Oouree: S 33-03-14 W ' Couree Tns B 52-58-15 8 Cburee Outi N 60-55-07 fi RP North: 8936.7034 Eaet: 6893.9052 Bnd North: 9374.1�98 Eaet, 8107.3661 Line Couree� 8 89-5y-34 E J,eagtht 57.61 Norths 9374.1069 8aet� 8165.1781 I,iae Couroe: 8 00-00-36 B Length: 3.65 Norths 9370.4589 BaAt: 8165.1787 Liae Caurse� N 69-39-38 8 Leagth: 45.94 Norch: 9a�o.�s�e saat: ssii.ii�e Line Courae: AT 18-19-30 W Length: 1i3.69 North� 9478.6636 Et�st: 6175.3791 Perimeter'� 345.8? Area: 5,705.1910 eq.ft. 0.1310 acrse Mapcheck Cloaure -(vaea liated courses, radii, and deltae) Srror Closure: O.00SA Courae: 8 38-55-25 W Srror Northc -Q.00455 East: -0.00367 Precieioa it 59,160.88 llri�: Ib[. I999 Jl1bAfl+nl.Ja19YJ G��� ��� ��, �`� ir�r Aol M e � � 1 � � i � � � �� � � � �' r � i ��F� ;I � � � � � �� ���; I ! �°���� i � L; , � �. ���� � ' � H � � M a � �,�:,�' OeRadBy:0lswlal�n pYhted'?i9�M1�11:IB:]9AM - - . ._— :; � u � � i. Rot�etc Betn, wutt�n, Fron 8c aaoc�ate., 74-410 Highway i l l Palm Desert, CA 92260 % � : � .��; ;.� . , Jenuery 23,1996 JN 3Q1312 Pa�e 1 of 2 �i���� � . �. � . • :tr • „i�.� r• �.it ��r � � • Tl�aat certaln patcel of laud attueted fn tbe Gity of Pa1m Daert, Cowity of Riverstde, State of Celifornia, beiag thtt pordon of the O!d HIghway 74 Strat Vacation per document ncorded Decoralxr 12, 19T8 w Instnunent No. 254872 of Official Reao:ds, in the O�'icx of the County Recorder of aaid Riveraide County. described as follows: BEGINMNG at tha tnost wrscerly comu of Lot 24, Hlock "F"of Palm Desect as filed in Hook 21, Pa�a SO•54 of Maps, la tha Oflla of the County Recorder of said Wveraide County, said coma beiaQ n point on a curve of the Fart right of way line of Paltns w Pines Highwey es shown on said Pelm Desert map coacave southeasterly end baving a radius of B50.00 fat, a radiel liaa of aeid ¢ucva from seid polnt beara South S2°58'25' Eest; thence radially from ceid curn Norch 52°58'25" West, 50.00 fat ta the beginning of a non•taugent curve, alao being a point oa a curve in the centerllae of said Palms To Fines Hi�hway; coneave :outheastetly haviag a tadius of 900.00 feet, tlxna northeastedy 8.20 fat alonQ aefd curve and centcrllne through a ceniral angle of 00°31'19" w the beginning of a noa-tengent curve concave noctherly and having a radiva of 37.50 feet, a radiel line of said curvo fro�a aald be�iaaG�s bear� North 4 E°45'00" East; thence eesterly 69.60 fat along said curve through a ceatral engle of 106°20'45' ; thence taagent from said curve NoAh 25°24'1S" East 45.93 feet to the beginning of a tangent cucve concave soutlxa�tedy and baving a radius of 130.00 fcet; thenca nottheesterly 43.64 fat along said curve through a central an�le of 19°14'07"; thena tar�geat liom said curve North 44°38' 22` Eest q0.30 fa� theace South 45°21' 38° F.�t 5.00 feet; theuce South 45'03'OS" West 73.58 fat; ��e- ����t'��. W+t � �i✓t v� � � L� � tbeace South 18°28'OS° West 47.90 feet; � (Y�Y�: Ou.. IM9 ])1]0 MI 01 �A IV09 Vy �0 ul N � � � � u �., . ,. .� f � I � � � � � 1 �� �� : � , � � � � � ���� � � � � H C�i � F�1 ( � � � r i Ir.. fY'a1W 9V:OIr� bhYon IYMed' JiOiMIM1 II:�N:IVAM .� ' �s. . .. _ : � - . __.__.__ .. . . .. . . . . . . . .. . . . _. . . . ,� � Robat Hein, William Frost and Msociota Palm Desert Parking Lot Papetusl F:aument ��i to tbe Ctty of Pelm Dagert January 23,1998 JN 301312 Pa�e 2 of 2 thence Sovth 06°51'OS" East 7l .31 fat ro the noithuly line of Pancel2 of as shown in ?arcel Map No.13S84 Aled ia Book S9 pa�es 90-91 of Panxl Maps iatho O�ica of tha Covnty Recorda of seid Riverride Couaty� tha�ce aloag said Ao�hedy liae Nocth 67°14'11" West 43.17 fat to U�e POINT OF BEGINNING. CO1V'PAININCr 0.06 Aoces, mon or les�. SUBJECT 1'O e11 covenaat9, rights, rights-of•way end easemeats of record EJiHIBIT "B" attached and by this mferarx tnede s part herw£ WILI.IAM L. aRBEN, L.S. 4547 R��- /��-��.���,� F� � �- �— �1� - T � , ti r � u . � :j � f 1� I J � �: f� � _. _ i,' ' � !-J ' N > �O I � t � � 1' i ���`. ►�� , �� ����. ���� �� 7d H C � � N H dM F—A . . � '� 1 vqr�id�e mawav:ot�v.em OhMwt)/9�„IIEII:b:qAM �y�: p>' 19W 1)1`QAOI Ol M 1400 � ao' , o� s o' �qo' r _�� sr�tt �no►iw�r r>> --- — —I scu� : �• • ioo' � g sr�� Hia►�w�r t > > ' ' � r---------------�— � � � — ��- ,'' � �- � � � ��i �, � � , �. 1 Bi.oaK A ; � �.�. xvao-�. +� .�� �� 6 /��o'� e�.oc s f: ` \ ,��s�� �� �-. �u.e. sysaes. /* d9 � �� ��,o, � � , � � cor ss, 0.067 AC. 9LOCK 'P'. � � � 1 � / Af.& 41/60-64. I � , i� ��� + � � � �� ` � � � ��� /�'�<r►-u�z�. � � _ _ a I PAROfiL Y �X �..� �e/}���tc�t. t P.M.e. aoiao-os � �/� 'PJM.& 60/00-�. � _ � _ TABL OF COURSES to-- N S2"S8'25' W 'SQ�06' (RAO) EL PASEO ���� ��O�S" RRg3730' L� 69.60' ' IQ- M 237413' E 45.9�' �-- �� 1O'14'0 �' R.130.00' L� 4J.84' � BQ--- N 1478'2Y E �0.30' �(�}- S 4S�OJ'08" W 71SD' Q— s �e�2e os' W �7.90� ��s oest os• c �r.af H e��s'ir w �s.fr EXHIBIT�B� o��WAY VACATIOM PER INST. No. „z�� a�. ��a e���,. PLAT TO ACCOAAPANY A e N0. 78-1�, INS7.'NQ �54872,T0.RTRE DA'T10N,��eRESOIUT►ON �� ��� � SHEET 1 OF i SHEET PALM DESERT PARKING LOT — PERPETUAI. Rober�sB�ln. a� m�t'roat &� a�x�etes EASEMENT TO THE CITY �����°�°�''�°w� twq sr-�w ru ry� �.w� OF PALM DESERT. aN. �o+,u ,,�a„�Y s,. 1998 0 l� 1 I 1_ � j, i! i ..,� , ��; � �. '� : � r�i � � L � �. � ���4 � � 3 � : .. F: = .- t.c �`1 � odn: ou:�wa-nin�ono�-»�vw aaq���oiaa owwer:d�.oW.m. 14MeA:].�9/]OlEll'iB-�IIAM . __ _-, _ . ._ � .,:-f. :� ::�: ... . � .. , . . ... ... , , ------_._._..-�--�--.. _.._�. ..-w----�-�--..._._.--�- t /� � i ������������ ������ � � ����������� ������� ������N������������M�w������N� ui N..� ruten s� � rxtA� 9tc0,Sfq [Ma �i1f.3001 ller Cotrpt Y f2•1�•tS Y l�rrtA! 50.00 � MxtAt 91i/.IIiO [Mtt �1il.S620 �. �.,,,�� ..� ��,.� �,� , o.ien o•s+•�r r.ro«�a �.�o u.►e� �.to c«r..� r»-t�•�� i caw. i�, � s:•�•ts • ca�r.. aa r u•n•a � V MrN� Mi�.10f1 [att /M3.00S� ud wra�, ow.thr e..s� ��a.ues a�. �.hM� w.�o e.aw.� ».so o�ta� ta•ta�� t.rona so.a a«a� �a.ao ears.� r n•K•» E Cars� tm N NdS•00 ! Oarw Ouc� t f4•7!•�S [ U Me►t4i 9513.169) [att I20S.7211 Gd lterths 9�91.0116 G�tt l731.1�1� un. eaun.� r r-t�•ts e�ws�: �l.v� MerM� YSJ�.l611 tats 62SI.�9l� Grw l�rytA� t3.K tblut� 170.00 O�lt�l 19•1�•O1 Taiymtt 25.07 pNrdt t7.K CarNt 11 3S•01•1� L Couru 1nt I K•3!•�S ! Cew� Outt � i!•21•30 Y V II�rtAt 9Wl.190� Ertt qT�.721V E�d Mettli! 9l1�.1if= lMtt Wi.07f0 ltrr Courwf M u•]0•t2 [ l�rytA� �0.30 Mat1�19dOt.H91 EMt11317.ti1f LIM CwrHt ! tS•21•j0 ! 11ryN! l.00 Mortht �500.706Z G�t� �31S.A993 11M Cauul ! 1i•O2•01 Y lMMth� fi�ll Math� VS�7.7217 G�h l2�f.L?29 LIiM Caw�� f 1�•t�•OS Y Un/th! �1.�0 Merth� 0l01.891{ [wt� 6tq.1i0� L�M �OfIHi { 06•fi•� � iMr:Ut 1i.ii rxc�r 9�st.ov0� eus� erib.9sel lln� twrt�t Y 61-1�-11 Y l�rytht �3.11 MOIN� ii�6.S6M [Nb l31S.70�6 �KIMtMt SOO.b� ArNt Z�91S.1 t.1. 0.06�9Z Ai. M�peMelt Closun •(Y�a Ust�6 taru� �nd eAo►dr) Er�er Clour�t 0.010� tqurNs Y 21•S3•09 [ Error MxtAc 0.0096Z Eutt 0.00]!� �resl�lon tt �7,ib9.97 ���r %�S��uc��� �� �- -�..... � pUs: ftr:IWPI)l]OI1Otnt-}PIVOV P,yc �l nl aP --- - �; - ; . ; l � .� � r t ' � v �� 1 -�-� ' i -�- - �. . i-� �, N_^ W �• I ���; � I �; ! � I� I iy�`. V � � � � �. 7d H C � � � F-1 d �J � �:4�i1 � OnateABy:dswll��m MMek2'9r�161t:IB:�OAM :� �� September 4,1997 ]N 301312 Pagc J of2 .�, ��,N; ar�. � � � :�. • . .� I. t � �� � '11: NI � � ' ' ���I:I�� l� ,1.1: �r � �� � : 1 'Ihat cenain parcel of land aiuwtui ia tLc City of Patm Dese�t. County of Riverside� 3tato of Calilbmi�, being tbat poitloa of Parce� 2 of Puce! Map No.13584 es showa on a map thereof tiled in book 59, Pages 90 aod 91 of Parccl Maps iu tbe O�toe of the Ccuaty Recorder of said Rive�ide County daaibed aa foiiows: BEGINNING �t the most northedy comu of Percel2 of said Pa�cel Map No.13S84� aaiQ comer betng a poiat on d curvo of the northwcsterly llae of Pa:re1 1 of taid Paneel Map beiag coacave sootheasterly aod hevia� a radius of 900.00 fat, a radiel [ine of said curve trom said point bea�s South 52°S8'25" East; thence aloag the aorthwesterly line of aaid Parcel 2. South 18°19'30" F.ast, 116.37 fat to a poirtt on the westerly liae of seid Paroel2; thena along the westedy line of saId Puce12, Sou�h 00°44'S9' R/e,st� 18.91 feet; thena South 89'5871"Bast, 45.19 fee� thaice North 00°OI �9" F,ast, 81.81 feet to a polat oa tbe rwrtherly line of saed Paroel 2; thenco aloag the aocU�crly line of �sid Parcel 2, Nonh 67°14' I 1" Wat, 45.1� feet to aa aagte poiut in the aortherly line of seid Puat 2; ttuna along tbe aoctLerly line of �id Pmcel 2 Nocth S2°58'25' West, a distaace af 50.00 fat beiag rndial to t6e aorthwest liae of Paroe11,10 the POINT OF HEC[NNWG. . �1 %:.32� �qlh��f �� � � 6,t c: 3 - -- . _ ._ ... --- . '� �_.. � _ _. � „ .... : . � � �� w�b«c��, anu►�r�ca�n�c.u� 74-410 M�bway I I 1 Pafra Deus�. CA 9?260 ll � :� � � 1 I � i p� f 4.� I I �� � -•�— - : t"J N Y � � � ; I � �, f ' �� �� � �'� �� �: � � �'.- � - � H C � � H d � � i i �4•r � n.s.: nur:�voon�fo�n�-»�weo oaq.wo�aa oe.ieeM�n..�a.mn VrYi�wt):9�]OIlII:�B:�OAM - -- -... .. ._ .— . . .-- ------ -. _...-- ---._ .. -- - - �- - - ---� -----. ... .--- - - — � '� i' �t / Robat Bcin, WilGun Frost end Associata Septea�ber 4.1997 P�lm Desert Pu1cIn� Lot Coastniction F.asema�t ]N 301312 to the City of P�n Deaert P�ge 2 of 2 ,: •-.:.• y'; ;.`•:; �ri� `' :ui... - : >_.. .i._ _ .. .._._ e_��.�_....f .___'..___.«'• _._... 'i��,A t:.� '.:!•��l$:.._.. . "�i°1'.��..-... r� CONi'AININGt 0.129 Acra, taore or less. suBJF.Ci' �'o elI coveaaots. dghts, rigdts-of-way aaa ease� or eocotd. F.XiiIBIT "H" aancbed aad by tbi, nfereace made a p�c 1�neo£ wu.r.w�s t,. Q�rr� L.S. 4547'P 0 • � �as2o ��dc�� �?'�1 I ��� � '� M1�Yir: 0¢:19941)110NR01 ]91999 i 1 � ' r � r:. u� ...., � : 1---� N �O �O �O �� ��� �:_ � : ! j � � ! � � �� � ����� � �- � N C `� N H d � --- ! y nq�ud�e rwr.dM:�d...� Rittl:2���101E11'iB-�IAM � � ._. „ '� ,. ,; � r l �ws �r. _ _GF st�rc warw�r � � � s � +oo' a o' aoo� sc�tc : �• • �oo� � STATE NiCFIWAY 111 .-------------�_ `� � � ,�� ,i � � / ,- � � .� •�•, � �, � \ � M.O. 8!/d0-S�. � �R/ 1M �� �p�J(��F� ` j � M.B. !i/60-51. � � � ��' �'� / � \ 1 � S� �� �.. . � A � BLOdC 'F. � ' 6 M.B. PI/50-54. � 1 / � S 1 z � � I / / , �� I� / � � \� : � � � � � z � , i , _ �,,.�1 � ,�aut. e rARCLL I �.M.B. S�/�0-�1. I �/C�I.M.d. OD/DO-p1• — — _ � �L — _ — _ _ �L _ EL P�SEO � TA9LE �F COURSES pp -- s �e,o•so;c �,e.ar ' QQ — s oo« se w �e.s�' p— s ea�sa�r e ,�.�o' EXHlBIT ABA o-Q- N 52'S82S- ��� ��, PLAT TO AvvvMPANY A � H7GHYYAY VACATION PER WSi. N0. 112063 RECD. 8/?9/74 �E°a" °Esc�r�n°N F°R SHEET 1 OF 1 SHEET PALM DESERT PARKING T� n_�.� o.�^ LOT — CONSTRUC ��1������latea EASEMENT TO TH� �I f'�•sc�o ; •,,,;,,,, ,,,,,,�,,,,,,,, OF PALM DESERT ` $FP�MEER 4, 1997 � y�,�,;r � 3 _� � �..% :� � � � � � � � �� � U� •. _.. � ;i ��- - , , t.-. 0 �. � . ���� ' ���: � -- ���: ���� � 8 � � � � � H � � H � . � ._ ���" va.� d.:�wun�mKno�r��Tr+ oq��a���u uew.nM:n.wv.m� RYMeG3/9,�]OISII:JN:�IMI .� _ .. .t ./ (�. �' � � l.pT NAME: OONSTRUOTIQN EA6EMBNT 2 North� 9476.6679 8set: 8175.3916 Line (.bure�s 8 18-19-30 B Length: 116.3? North� 9368.1992 Eaet� 8211.97Q3 Liae Cnuritei 8 00-�4-B9 W I�eAgth: 16.91 • North: 9349.2909 Eaet� 8111.72�g Line Oouiea� 8 89-b8-Z1 E Length� 45.19 North: 9349.7692 fiaot: 6Z56.9129 Lina Couree� N 00-01-39 S Length: 61.81 � North: 9�31.079] Saets 8156.9572 Liae Course, N 67-14-11 W Lengths 45.17 North: 944B.5568 East: 8215.3005 L1�ae Courea: N 5�-58-25 W Length: 50.00 NorChs 9478.6659 Baet� 8175.3826 Perimeter: 357.45 Arear 5,611.9939 oq.ft. O.iZ91 acree Hapcheck Cloaura -(IIsea listed courena, radii, aud deltae)� Error Cloaures 0.0010 Couree: 9 06-58-11 W Srror North� -G.a0200 East: -0.00024 Precisiott is 377,366.Z9 e � �7`�dil�i� �� f LL%CjC' /%P�i �11�G`'"J 6Jn: hr.:IWVI)If0�0101�]41999 Pig!1)nIJP - �' � � � � ,�I i V . � � / � 1 r� _, � � u � � ' i -�- li � �I N �� � ;� � i � i a .��si '��. � ��� - . ��: � � � F-1 C � � H a � ., �R�~ m�.nwev:rn..a.�n �ea:z-vi�o�eii:an:�iwn ! � � �,,. � Jr- . ;'- �� �� � �' �� '' � ,,��a� � �� 1 _ . � � �/ � _.��- �y,' ,'' //���i'' I �� -- ----- � /�� N ��� �/'���-I__�� ,__��.. / / / �� r / � //� � �� ' Uds' 6�:IW?l)ISOMIOIM199�1 o.y.an�nae -- r �ri`'� _ _L_�1.1��f�_ »___------ �� �-_--�. --_�; =:� ' =-"=�;_�=--=�► � �-- - - ------ --- _ �,� ` � � _ _ _.. _ � ` _. : � � � �� �� �� ���� � �j,� , , ��� , ti1 - _ . - - f _��1 _� .�1_��31 _�1.;1 �.. ]1 `. i i L-� _ � � `s� r �~ �� ��� � I I �-- � � =-,y--r 1�_LL1 � �� - �_, �-- � � _ � ^.._ � �� .M� � � __J ; r-- } I r--- � � F--- "_', L__ -', jL-- � _ � � _ � r_-_�-�- ��—= - , " ��'— _`-- l� 1( � � � � 1 , •1 � I--... � � � •. • 1 �_ �[ � � t � � i � 1 i • �� ���_ ; n'Qe� ' � i ! � I �A I �=� .J i. : � . I�:�' f�+��J9/:OI+M �ulmm� AYMe� }i9/MtM1 II:M:�I MI RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Cle�ic's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated March 9, 2007, and recorded on April 4, 2007 as Document No. 2007-0227955 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 20i6 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Memorandum of Sublease dated October 23, 2003, and recorded on February 11, 2004 as Document No. 2004-0099812 in the official records of Riverside County, California, which Memorandum of Sublease pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A and Exhibit B attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair 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 before me, , 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. W[TNESS my hand and official seal. Signature (Seal) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: Robert A. Spiegel, Mayor 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 before me, , 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) EXHIBIT A Leeal Descrintion TN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALTFORNIA, A PORTION OF THE NORTH %: OF SECTIQN 32, T�WNSHIP 5 S�UTH, RANGE 6E, SAN BERNARDTN� BASE AND MERIDIAN, MORE PARTICULARILY DEPICTED ON EXNIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PA.RT HEREOF. SUB7ECT TO ALL COVENANTS, CONDTIONS, RESERVATIONS, RESTRIC'TIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECOR.D, IF ANY. � o ; 1, ° ,, .. . ., ; � -._: , �;`, .. .� "� � rt1 J �! � �-+ � O � 0 � a �L U H a O � b rn a J w Q F"' �--� � .-� S K W O Y � Ga E � U r0 � � � � S � � � � W I.. . .. . � �� _ � _•1r1 �•I � , � r j I � I I 4 ``\\� I � \\ � i r\ . f r . "�1 � + ��� ��1\ � � ��` 1 �'/ r .� �``�` `` y� . ..� i / i�' � I �� /�i �� �� I .rp� , �, i i � �t � ' � ' � ; � � I �j � � �./�,, �� \ "'�1 . RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City Clerk's Office City of Pa1m Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE Ctn OF PALM DESERT - NO �EE - 6103 OF THE GOVT. CODE The Living pOC s� 2004-0099812 02/11/2084 06:00A Fe�:NC p�qe 1 of 7 Record�d in (('Rivs'sia�cords County Orso ca�y t. ���rk 6 R�corde� Assssao�, Ceunty �����������I 1�11111ti�1��� �1tiN�`lll«�11�111�ti1��ll � � M � S U PAG! 61ZE DA PCOR NOCOII � W M�C. I I n K� � � C�7V LONb 11l�UND NCMO EnMI � J M� Desert Reserve �► & City of Palm Desert (Contract No. R22050) MEMORANDUM OF SUBLEASE (Title of Document} Order: Non-Order Search Doc: RV:2004 00099612 Page 1 of 7 Created By: Diane Johnson Printed: 2l2/2016 11:37:39 AM PST CONTRACT NO. R22050 Recording Requestcd By and when recorded return to: Palm Desert Redevelopment Agency 73-510 Ered Waring Drive Palm Desert, California 92260 Attention: David L. Yrigoyen (E�empf from recording fees pursuan! !o GoNern►neut Code Sec. 6103J MEMORANDUM OF SUBLEASE This Memorandum of Sublease (this "Memorandum") dated as of �tobcr z3 � 2003, is entered into between LNFNG DESERT RESERVE, a California nonprofit corporation ("Lessor") and the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Lessee'�. RECITALS A. On or about October 23. , 2003, Lessor and Lessee entered into an unrecorded sublease (the "Sublease"}, pursuant to which Lessor leased to Lessee the property more particularly described in Exhibit A hereto and incorporated by reference {the "Property"), B. Lessor and Lessee desire to execute this Memorandum to provide constructive notice to all third parties of the Lessee's rights under the Sub}ease. NOW, THEREFORE, Lessor and Lessee mutuatly.agree as follows: 1, Sublease. Lessor leases ta Lessee the Property for a term {the "Term") commencing on the date of recordation of this Memorandum and ending on December 31, 2013, subjcct to extension as provided in the Sublease. This lease of the Property to [,essee is on all of the terms and conditions of the Sublease, which is incorporated in this MemoranJum by reference. 2. Assi�nment. Exccpt as express{y provided in the Suhlease to the contrary, I.essee's r�ghts and obligations undcr thc Subleasc shall not be assignec� without Lessor's pr� �r written cansent, which consent may be granted or withheld in Lessor's sote and absolute cliscretion, and any assienment without s�ac11 consent shall be void. 3. Successors and Assi�ns. "l�his Me�tiorandum and the Sublease shall bincl and inure to the benefit of che parties heretc� and thereto and their respective hcirs, successors, and i�r�an). r�nni '.�� •��,; ; Order Non-Order Search Doc: RV:2004 00099812 Pape 2 oi 7 Created By: Diane Johnson Prirrted: 2/2/2016 11:37:39 AM PST CONTRACT NO. R2205Q assigns, subject, however, to the provisions pertaining to assignments described in Secteon 2 abovc. law. 4. Governing,Law. This Memorandurrt and the Sublease are governed by Califomia 5. Exccution in Countcrparts. This Memorandum may be exccuted in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrumenk. I�r,.yt,� ��rm 1 'a i �;; � Order Non-Order Search Doc: RV:2004 00099812 Page 3 of 7 Created By: Diane Johnson PriMed: Zl2/2016 11:37:39 AM PST CONTRACT NO. R22050 IN WITNESS WHEREOF, the undersigned have executed this Memorandum as of the date first written above. Lessor: LIVIIVG DESERT RESERVE, a Californla oonproiit corporation By Name: R i. e, 2 Title: AiQmA 3oqa.p o� gES c2'C � c -�i.��/�'za,— ���l.•�ir�- L see: l PALM DESERT REDEVELOPMENT AGENCY, a pubtic boc�y, corporate and polItic , �;" ��i. BY� Na�ne: Titl�� � ATTEST; _� _' �� rr� � - - !C..►�:� � 1�r,�r1�(ir,:ii '.1i:-•.�. Order Non-Order Search Doc: RV2004 00099812 Page 4 of 7 Created By: Diane Johnson Printed: 212l2016 11 37:39 AM PST CALIFORNIA ALL-PURPOSE ACKNOWLED�iMENT � �. � '�; �si � ��� ;rS ����(((.. �(A C�(, ��1 State ot Calitomia ss. County of l VE2513�E _ On �RN. a�i � aoo� beforeme, ����.A iii • t,l�0pD5 �Oi'RQu�ti(iC�'L, O�b N�TO �M T1d� af 016ur 11.p.'J�n� . Nolary �uEYci personally appeared 1� •!.. . sp� �P� Q► �fl2E� SF�+.CSmA n� , Namal�l d Sp�w(sV �personally known to me i proved to me on the basis of satisfactory evidence AIiCsEiA MR �000� Oo�e1r0� � t'�!i �j Rher:k�s Ca�'A�r 1 A'IYCanm.F�iesl�1�1,7�/ -.,�...�..._.�.-- . to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thet he/she/they executed the same in h!s/herNheir authorized capaciry{fes), and that by his/her/thelr slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(sy acted, executed the instrument. WI ESS my hand and official seal. 6yWw� al Nal.ry p�pYc OPTIONAL Though fM irtfom�stlon bslow b not requ�rW by faw, it mey provs vahiable fo psnons roykeg on the document and rnuld provent lrauduwa rvmovef and �wttachmeM ol thil hxm to anotMr obcument. Description ot Attached Document Title or Type of OxumenS; �m��►v►�p�rYl o F Sugt�6}qj$�S Document Date: �-� a3 r aOD3 IVumber of Pages: __ � Signer(s) Other Than Named Above; ____ _ __ ____ Capacity(ies) Clafined by Signer SignePs Name' �•�- • S O� e.E i2, _..�F_ A 2.E� Sp,.uS rn►q n� ��dIVIC1UA� Tpp OI Ihumb hare �C Corporate Otficer -- Title(s): �A1�J'�1��UOt��A OF �2!►�S`Tf,ES Partner—' Limited f' Qeneral �� D�T/�� Attomey-in•Fact __ Trustee :.; Guardian or Conservator Qther. _..._.._ . ._ Signer Is Reprosentin9:��L _�1 v! Al���. _ '+�'�i� � . 'i-• I - .�:/'. 1�./ �� / . -� �� ... _ _ • . . . . � - . . - . . . . . ' � � . . . � . . �. . . . . Q IV49 N�tia'�I 4pt�iy µ�o�ylqn • 9750 U� SoW Av� . V0. ISer 74(1� • Cnxl�wnn� LAY�;f`7�1i0� • ww nnan�innu,ryaq Vrr,� No 59f1) HM�r- Ca� Tnx�Fr�i• i �x N7fS 1fR21 Order: Non-Order Search Doc: RV2004 00099812 Page 5 oi 7 Created By: Diane Johnson Prtnted: 2/2/2016 11:37:39 AM PST CONTRACT NO. R22050 EXHIBIT A Leeal Descriation IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STA'CE OF CALIFORNIA, A PORTION OF THE NORTH '/� �F SECTION 32, T�WNSHIP 5 SDUTH, RANGE bE, SAN BERNARDINO BASE AND MERIDIAN, MORE PARTICULARILY DEPIC'TED ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PA.RT HEREOF. SUB7ECT TO ALL COVENANTS, CONDTIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECOR.D, IF ANY. i��,,ur ��nni �i.:, . Order: Non-Order Search Doc: RV:2004 00099812 Page 6 of 7 Created By Diane Johnson Prirrted: 2l2/2016 11:37�59 AM PST -p C rt7 J C! � {-+ w.. 0 C O � C]. �L u � � 0 � �v rn a � w d F�— .--� m .-� S X W O J-� � C � t U r0 � � Q � S � � � � W / � � i .. . ; : ,�i �_, ._,�� ; �l ; �.. � � � CON�'�RA�C NQ.� R22�50 `' i �` -,_ ; ;� � I ` ' I 4 � �\ \\ I \\ � � \1\ . � � "�1 ���aT��� � �` , �\ t Cy' �� � � � ` �'/ r �� \ , ' �- /�. ��` 1 ��/ � _ �, i i ��� �i� �� /���� � � � ri ' s'% � ••. i i� �f' � ��'. ' y I. � �� � i.,,,� 4 Order: Non-Order Search Doc: RV:2004 00099812 Page 7 of 7 Created By� Diane Johnson Printed: 2/2l2016 11:37:39 AM PST RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Cle�lc's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated March 25, 2003, and recorded on December 10, 2004 as Document No. 2004-0984004 in the official records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A throuqh F attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair 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 CK�l����r'(�1� On before me, , 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) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized ofFcer. CITY OF PALM DESERT, a municipal corporation � Robert A. Spiegel, Mayor 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 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribcd to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authoriz.ed 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) List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F AI Pazcel Site Map HWS Parcel Quinto Parcel Common Arca Improvements Easement Area E�Bi�c �a" A.� PARCEL Exhibit A Legal Description June ] 6, 1971 Pazce12 That portion of the Southes�st quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, a�ccording to OfTicial Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known �s State Highway 74 as conveyed to the County ofRiverside by Deed recorded Febniacy 9, 1932. In Book 64, Page 353 of Official Records, with the center line of that certain 100 foot parcel of land commonly known as EI Paseo Road, conveyed to the County of Itiverside by Deed recorded August 6 1962, as Instrument No. 73929: THENCE South 89°30' 40" West on the center linc of El Paseo Roud, $ distance of lOS9.46 feet: THENCE North 0°29' 20" West to the North line of ei Paseo Road: THENCE coittinuing North 0°29' 20" West, a distance of 25.00 feet to the TRUE POINT OF BEGINNING. THENCE North 0°29' 20" West, a distance of 258.21 fe�t: THENCE North89°30' 40" East, a distance of 232.Q0 THENCE South Oa29' 20" East, a distance of 166.00 feet: THENCE North 89� 30" 40" West, a distance of 168.00 feet to a point in the Easterly line of Deed granted to Safeway Stores, Inc. THENCE on a Southernly prolongation of said Easterly line, South 0° 29' 20" East, a distancc of 117.21 feet ta a point in the Northerly right of way line of said E] Paseo Road; feet: THENCE along said right-of-way South 89° 30' 40" West, a distance of 376.00 THENCE North 44°19' 11" West, a distance of 34.66 feet to the TRUE POINT OF BEGINNING. Excepting there from t}�ce Northerly 5.00 feet as measured at right of angles and adjacent to the South line of thai certain parcel conveyed to the State of California. Exhibit "A" Parcel4 That portion of the Southeast one-quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July l5, 1856, described as follows: Commencing at the intersection of the center line of that ceriain 140 foot slrip of land commonly known as Stute Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in Book 64, Page 353 of Official Records, with the center line of that certain 100 foot parcel cocrunonly known as El Paseo Road conveyed to thc County of Riverside by Deed recorded August 6, 1962, as instrument NO. 739229: THENCE South 89° 30' 4Q" West, along the centerline of said El Paseo Road, a distance of 659.46 feet to the intersection of the Southerly prolongation of the East line of the land described in the Deed to Sierra Shopping Center, Inc. a California Corporation, recorded August 6, 1970 as instrument No. 77386 of Official Records: THENCE North 0°29' 20" West, a distance af 50.00 feet on said prolongution to a point on the Northerty right -of-way line of said El Paseo Road: THENCE North 89°30' 40" East, along said Northerly right-of-way line of El Paseo Road, a distance of 134.17 feet said point being the TRUE POINT OF BEGINNING; TI-IENCE North 0° 29' 20" West, a distance of 300.00 feet; THENCE North 89°30' 40" East, a distance of 47.83 feet; THENCE North 0°29" 20" West, a distance of 212.55 feet to a point on the Southerly right-of-way line of State Highway 111, as described in the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; THENCE South SS°57' 07" East along said Southerly right-of-way line, a distance of 68.21 feet; THENCE leaving said Southerly right-of-way line South 0°29' 20" East, a distance of 507.15 feet, to a point in the Northerly right-of-way-line of said El Paseo Road; THENCE along said right-of way line South 89°30' 40" West, a distance of 113.03 feet to the TRUE POINT OF BEGINNING ; Excepting there from the Northerly 5.00 feet as measured at right angles and adjacent to the South line of that said certain pazcel conveyed to the State of California. E��IBIT ��8�� EXI�'�'�IG SI'I`E PLA1r1 1-b I - l� ��i-� i " --� ---- - �� $� �� �� ���� �� �� � � e ►9 ;�� =�� ������� � r :� �# --------------------j , , � �11l1�1►►`�`+� ' � � ' � ' , � � , � , � , �� I ' � ' , ` � , � �i . � � , �� + � � 1 � 4 � $�,QB�S ! � 1 ; -#'-�4 � aa�se�►1 a„� e��a f Siue� ss ;;,_,;, ` � I � , , ,.; ; , , ;.., � I , .� j ��----=� I ,` , � � 'I., . \ �°N � ' �1 , , . � � __"__ ' -- , � 4 � j �� � j �. . � , . : 0 .� i �. � . �, , , , _ , ,� ��' �-----x-----.J�- -------------------- -------- - -_ --=_-== _ -� � �r�r� rr"�'° �,�, w,wr � a r✓'re E?��IT "C" H�VS PARC�L /� /� E�chibit "�' �- Legal Description June l6, 1971 Parcel 1 ( SafewaY ) That portion of the 5outheast quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known us State Highway 74, us conveyed to the County of Riverside by Deed recorded February 9, 1932, in iwok 64, page 353 of Offcial Records, with the center line of that certain 100 foot parcel o land commonly known as E1Paseo Road, conveyed to the County of Riverside by Deed recorded August b, 1962, as Instrument No. 739Z9: feet; THENCE South 89°30' 40" Wost on the center line of El Paseo Road, 1459.4b THENCE North Q° 29' 20" West to the North line of EI Paseo Road; THENCE cotrtinuing North 0°29' 20" West, a distance of 283.21 feet to the TRUE POINT OF BEGINNING; THENCE continuing North 0° 29' 20" West, a distance of l OS.QQfeet to a point that bears South of 0°29'20" East, a distance of I60.4 feet from the South line of that certain parcel conveyed to Statc of California by Deed recorded December 24, 1964, as Instrument No. 152892; THENCE North 89° 30' 40 East, a distance of 200.00 feet; THENCE North 0°29' 20' West, a distance of 154.00 feet to the South line of the parcel l comeyed to the State of CaIifomia above referred to; THENCE South 87°30' 37" East on the South line of said parcel, a distance of I67.41 feet to an angle point in said line; THENCE South 85°57' 07" on the South line of said parcel, 32.93 feet; THENCE South 0° 29' 20" East, a distance of 409.78 feet; THENCE South 89°30'44" West, a distance of 168.00 feet; THENCE North 0° 29' 20" West, a distance of 166.00 feet; ',A I I I�f Exhibit "�1:,' THENCE South 89°30' 40" West, a distance of 323.00 feet to the TRUE POINT OF BEGINNING. Excepting there from the Northerly 5.00 feet as measured ut right angles and adjacent to the South line of that certain pazcel conveyed to the State of California E�� Kg» Q�7.INT0 P.A��CEL Legal Description June 16, 1971 Parce�Thriftvl That portion of the Southeast one-quarter of Sectionl9, Township 5 South, Range 6�ast, San Bernardino Meridian, in thc County of Riverside, State of California, According to the Official Plat thereof, described as follows: Commencing at the intersection of the centerline of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded Febn�ary 9, 1932, in Book 64, Page 373 of �f�icial Records with the centerline of that certain 100 foot pazcel of land commonly knows as El Paseo Road, conveyed to the County af Riverside by Deed recorded August 6, 1962 as Instnunent No. '13924; THENCE South 89° 30' 40" West, along the centerline of said El Paseo Road, a distance of 659.46 feet to the intersection of the Southerly prolongation of the East line of ihe land described in the Deed to Sierra Shopping Center, Inc. a Califomia corporation, recorded August 6, 1970, as Instrutr�ent No. 77386 of Official Records; THENCE North Q°29' 2Q" West, a distance of 50.00 feet on said prolongation to a point on the Northerly Right-of-Way line said El Paseo Road, SAID pount being thc TRUE POINT OF I3EGINNING THENCE 89°30' 40" East, along said Noriherly Right-af-Way line of El Paseo Road, a distance of 134.17 feet; THENCE North 0°29' 20" West, a distance of 300.00 feet; THENCE North 89° 30' 40" East, a distance of 47.83 feet; THENCE North 0°29' 20" West, a distance of 212.55 feet to a point on the Souiherly Right-of-Way line of State Highway 111, as described on the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Officiai Records; THENCE North 85° 57' 07" West, a distance of 212.55 feet to a point on the Southerly Right-of-Way line of State Highway 11 t, as described in the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; THENCE North 85°57' 07" West, along said Southerly Right-of-Way line, a distance of 182.57 feet to the East line of the Iand described in said Deed to Sierra Shopping Centers, Inc. THENCE Ieaving said Southerly Right-of-Way line South 0° 29' 20" East, a distance of 526.99 feet on said East line to the TRUE POINT OF BEGINNING. EXHIBIT "E" COMMQN A.REA IMPRQVEMENTS ���� . �u R� i t � i -_ � r_ i � � � 4 V � � ��Z � � � � � � t t � � � � � � � � � , � � � � , � � I /, � �, 1 �- , �. �------ __----'_ �! 3 rALMs T� PNis ,� o;o y noorrro►�, �,�aoe� ,�. //CS N.��a� 1� �� : � � � ..�,� �� � .� .. .. �. � � � ..�. ,. j 1 a �I..1 N � � 1 Cn�l tf 1f1 /wry �N-M�� w.r l/M7 �M-sf�/ � � � � E�I�$iT ��P�� EA���1+�E1�J'F AR�� �''' '�' �il�''ii�YIv,11Wi�`��� ' _ � �. -u �� �._ � �� _� � � ` -_ 7I `�. v■r•�.� •� ._� , � 4v � � � � � � � � k� � `1' )' � � ' � / ( % � � � � , , �� I �. , �. � i' , �" �-----------�-�- 4► b Q PALINS TO PWE9 `�'"� �/�� ` I��� § Z � ADDRION / RE�IOOEL . .�.��"`� � Oq tauinr aranuc�oc `� o�1O.��..�i»�otiu��• � 1 d r a.,... y .� �. .. ..�. Y ; i � a �_ � �� � � ��� �p,� .»..�.. .� �..,> ..�.,.. � � � FIDELCfY NATIONAL TITLE COMPANY Recording requested by and wh n recorded retum to: Paim Desert Redevelopment Agency 73-514 Fred Waring Drive Palm Desert, CA 92260 Attention� Secret OOC ts 2004-0984004 1Z/10/2004 08;00A F�e:NC Pag� I of 46 Reeorded in Offtcisl Rseo�ds County of RLv��side Gary L. O�so Assesso�, County Glerk d Recorder I I!!IN hllll IiINI �l�! Nll �I I IlI11N III 11(ll I III lll I . ary M U v� s¢E � a� vcop r+ocon ar µ�c. Free Recording In Accordance with Government Code Section 6103 A R L CCpY �p�q pryNp �� �� EASEMENT AGREEMEN"T � � �� ,,�,l,� LA This Easement Agreement is made and entered into as of the �' day of r��'��` , 2003 (the "Effective Date"), by and between the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and poletic ("Agency"); AMERICAN INVESTMENT PALMS TO PINES EAST, a California limited liability company ("AI"); HWS PALM DESERT, a California limited partnership ("HWS"}; QUINTO CORPORATION, a California corporation ("Quinto"); THRIFTYPAYLESS, INC., a California corporation, dba Rite-Aid ("Rite-Aid"); STAPLES THE OFFICE SUPERSTORES, TNC., a Delaware corporation ("Staples"); and NEW ENGLAND AUDIO CO., INC., a Delaware corporation ("Tweeters"). (AI, HWS, Quinto, Rite-Aid, Staples, and Tweeters are hereinafter collectively referred to as the "Grantors," and from time to time individually re%rred to as a"Grantor"). RECITALS This Easement Agreement is entered into witii reference to the following facts: A. Agency is a pub3ic body, corporate and politic, exercising governmental funetions and powers, and organized and existing under the Community Redevelopment Law of the State of California. B. AI is owner in fce simple of certain parcels of real property that ure located between Highway l 11 and El Paseo in the City of Palm Desert, Califomia (the "City") and which aze more particularly dcscribed on Exhibit A attached hereto and made a part hereof (the "AI Pazcel"). The AI Parcel is part of a shopping center development known as the Palms to Pines East Shopping Center (the "Shopping Center"). A site plan of the existing Shopping Center is attached as EYhibit B_. C. HWS is owner in fee simple of another parcel of real property that is also a part of the Shopping Center and that is currently leased to Staples and Big 5 Sporting Goods Corporation, a Delaware corporation, and which is more particularly described on Exhibit C attached hereto and made a part hereof (the "HWS Parcel"). P6402\0439\680642.6 Order: Non-Order Search Doc: RV2004 00984004 Page 1 oi46 Created By Diane Johnson Printed: 2/2/2016 11:37:40 AM PST D. Quinto is owner in fee simple of another pazcel of real property that is also a part af the Shopping Center and that is currently leased to Rite Aid, and which more particularly described on Fxhibit D attached hereto and made a part hereof (the "Quinto Parcel"}. E. Grantors are redeveloping the Shopping Center by constructing: a new 23,000 square foot building in place of the three existing vacant buildings; constructing facade improvements on the existing Shopping Center structures; constructing a new entry/exit from Highway 1 l 1 on the north side of the Shopping Center; and, constructing upgrades to the Shopping Center common areas and parking lots as shown on Exhibit E attached hereto and made a part hereof (the "Common Area Improvements'�. The Common Area Improvements shall be constructed on the AI Pazeel, the HWS Parcel, and the Quinto Parcel, which collectively aze referred to as the "Shopping Center Property." The property described in Exhibits A, C, and D are collectively referred to herein as the "Grantors' Pazcels." F. The Shapping Center Property and Grantors' Parcels are locaied in Project Area No, One (the "Project Area'�, in the City of Palm Desert, Califomia, and redevelopment of the Shopping Center is in accordance with the Redevelopment Plan for the Project Area. City is in need of public parking. Agency desires that the Common Area Improvements be made so that Agency may obtain certain parking rights in the parking lots located on the Shopping Center Property. G. Agency and AI cntercd into an Ovmer Participation Agrcemcnt, dated as of February 28, 2002 (the "Owner Participation Agreement"), regarding, among other things, AI �ntering into separate agreements with the other Grantors to complete the Shopping Center redevelopment, including without iimitation, the construction ar►d use of a parking lot on a portion of the Grantors' Pazcels, which portion is described in Exhibit F(the "Easement Area"). �-i. Yursuant to the Owner Pariicipation Agreement, Grantors desire to convey an easement in perpetuity to the Agency for the use thereof by ihe public generally, including but not limited to visitors to and customers of the businesses operated by the Grantors on each of the Grantors' Parcels. NOW THEREFORE, in consideration of the mutual covenants and easements contained herein, the parties hereto agree as follows: 1. pefinition of Terms. "Agency" meaas the Palm Desert Redevelopment Agency and any assignee of, or successor to, its rights, powers and responsibilities. The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the California Community Redevelopment Law. "City" means the City of Palm Desert, County of Riversidc, State of California. "Easement" means the Easement described in Section 2 of this Easement Agreement. "Easement Area" means those portions of the Grantors' Parcels subject to the Easement, as described in Exhibit F(the "Easement Area"). P6402\0459�680642.6 �� Order: Non-Order Search Doc: RV:2004 00984004 Page 2 oi 46 Created By Diane Johnson Printed: 2/2/2016 11:37:40 AM PST "General Public" means the public generally, including but not ]imited to visitors to and castomers of the businesses operated by the Grantors on each of the Grantors' Pazcels. "Grantors" means those entities owning in fee or holding leasehold interests in the Grantors' Parcels, including the successors and assigns of such entities. "Grantors' Parcels" means the real property described in F.xhihits A. C, and D hereto. "OPA" means the Owner Participation Agreement dated as of February 28, 2002, by and between the Agency and AI. "Parking Lot" means the public parking lot to be developed and operated on the F..asement Arca pursuant to the OPA and as further specified hercin. "Parking Lot Site" means the Easement Area on which the Parking Lot is to be located, as shown on Exhibit F, attached hereto and incorporated by reference herein. "Project Area" means Project Area No. 1 of the City subject to tho Redevelopment Plan. The exact boundaries of the Project Area are specifically described in the Redevelopment PIan. "Redevelopmcnt Plan" rneans the Redevelopment Plan for Redevelopment Project No. 1 approved and adopted by the City Council of the Ciry by Ordinance No. 80 on Jaly 15, 1975. "Site Map" means the map attached hereto as Exhibit B and incorporated herein by this reference. 2. ement. Grantors hereby establish and gi'ant to Agency a non-exclusive easement, for a period of fifty-five (55} years from February 1, 2004, in, to, aver and across the Easement Area, for allowing the use of the Pazking Lot by the General Public for the purpose of the pedestrian and vehiculaz ingress, egress, and parking of passenger vehicles, as described in further detail below. 3. Reservation of Rights. a. Grantors hereby rescrve the right to temporarily close all or any portion of the Parking Lot: (i) during customary non-business hours; (ii) as Grantors deem legally necessary and sufficient in order to preveni the dedication thereof or an accrual of any rights in any particular person or the public generally; or (iii) as reasonably necessary to perform maintenance or repairs. Any such temporary closing by Grantors shall be subject to the prior written consent of Agency, which consent shall not unreasonably be withheld or delayed. b. Grantors hereby reserve thc right to institute reasonable, nnn-discriminatory rules and regulations for the vse of the Pazking Lot Site and operation of the Pazking Lot in order to insure the free flow of traffic throughout the Parking Lot. Grantors shall not permit the Parking Lot Site to be used in a manner which would interfere with the free flow of vehiculaz and pedestrian traf#ic throughout the P6402\04541680642.6 -3- Order: Non-Order Search Doc: RV:2004 00984004 Page 3 oi 46 Created By: Diane Johnson Prirrted: 2/2/2016 11:37:40 AM PST Parking Lot. Any such rules or regulations shall be subject to the prior written consent of Agency, which consent shall not unreasonably be wiihheld or delayed. 4. Permitted Uses. The parties agree that the Pazking Lot Site shall be used only for ihe following purposes and for no other purposes whatsoever, unless all parties hereto agree otherwise in writing: a. Pedestrian and vehicular ingress, egress, and vehicular parking by the General Public. Pazking shall be permitted only in designated parking stalls. No portion of the Parking Lot Site shall be used for the repair or storage of velucles; b. The temporary use (inciuding erection of ladders, scaffolding and building wall barricades} during periods of construction, remodeiing or repair, for ingress and egress for vehicles transporting maierials and equipment and thc use thcreof by construction equipment; provided, however, all such construction, remodeling or repair of buildings and building appurtenances sha11 diligently be performed, and any such ladders, scaffolding and barricades shall promptly be removed upon completion of such work; c. The maintenance and repair (with replacement, if necessary) of parking sites or stalls, sidewalks, ramps, driveways, lanes, curbs, gutters, traffic control azeas, signals, traffic islands, traf�ic and parking lighting facilities, planters, planting boxes, edgers, sprinklers, valves, and landscape shrubbery; d. The installation, maintenance and operation of public utility services and appurtenances necessary for servicing the improvements on the Grantors' Parcels, all of which shall be located below the surface of the finished paving or above ground improvements. Grantors shall not change the number or configuration of pazking spaces on the Parking Lot Site, nor the direction or flow of traffic or entry or exit from ihe Parking Lot Site; provided, however, Grantors may submit a Parking Management Plan to the Agency for the Agency's approval to maximiu the safe and efficieni use of the Parking Lot for the benefit of the General Public. Notwithstanding the foregoing� at the reasonable request of thc Agency, the Grantors shall use commercially reasonable efforts not to permit the employees of the Grantors or their tenants at the Grantors' Pazcels from parking their vehicles at the Parking Lat while working at the businesses on the Grantors' Pazcels. Grantors, at their own expense, may provide an attendant or valet at the Parking Lot. The term of any agreement between the Grantors, or any of them, and a person or entity providing attendant or valet services, including all renewal options, shall be no longer than 90 days. Any mcmber of thc General Public who uses the Parking Lot may or may not, at their sole discretion, use the services of such attendant or valet. In the event that a membcr of the General Public uses the services of such attendant or vatet, payment for such services shall not be required, and any payment shall be at the sole discretion of the visitor or customer. S. Walls, Fences, and Bs�rriers. Grantors shall not erect any walls� fences, or other barriers on the Parking Lot Siie which prevent or impair the use or exercise of the Easement. P6402\0459\6806b2.6 -4- Order: Non-Order Search Doc: RV:2004 00984004 Page 4 oi 46 Created By: Diane Johnson PriMed: 2/2/2016 11:37:40 AM PST 6. Maintenance. a. Grantors shall, at their own cost and expense, at all times perform, or cause to be performed, such maintenance as needed to keep the Parking Lot clean and in good condition and repair. Such maintenance shall include, but not be limited to ihe following: (1) Maintaining the surfaces in a smooth and evenly covered condition with the type of snrfacing material originally installed, or such substitute as shall in all respects be equal or superior to them in yuality, use, and durability; (2) Removing all standing water, papers, debris, filth, and refuse, as►d thorougt►ly sweeping the paved areas, to the extent reasonably necessary to keep the paved azeas in a clean and orderly condition; (3) Maintaining such appropriate parking area entrance, exit, and directional signs, markers and lights in the manner they are currently being maintained; (4) Repainting striping, markers, directional signs, etc., as necessary to maintain them in a first-class condition; (5) Paying all electrical, water, and other utility charges or fees; (6) Maintaining and repairing aIl storm drains and sewers, and all electrical, watcr, and other utility lines or systems which are used in whole or in part to provide services to the Parking Lot or which aze necessary for the operation of the Parking Lot; (7) Operating, keeping in repair, and replacing when necessary, such parking lot ]ighting facilities as are reasonably required; (8) �btaining and maintaining in full force and effect commercial general liability insurance and other insurance in accordance with the provisions of Section 9 of this Easement Agreement; and (9) Maintaining all landscaping in a healthy, first class condirion, including weeding, trimnung, gazdening, replacing shrubs and other landscaping, and watering, inciuding repairing sutomatic sprinkler systems or water lines. Each Grantor shall be responsible for a pro-rata share of the cost of such maintenance expenses in accordance with the Deelaration of Establishmcnt of Protective Covenants, Conditions and Restrictions and Grants of Easements, and recorded on August 1 b, 1971 as Document Number 92209 of the Official Records of Riverside County, California (the "CC&Rs"). Notwithstanding the foregoing, in the event the Agency determines in the Agency's reasonable discretion that the Parking Lot is not adequately maintained in accordance with the CC&Rs, each Grantor shall be responsible for a pro-rata share of the cost of such maintenance expenses in accordance with the following percentages: P6402\0439�680642.6 -5- Order Non-Order Search Doc: RV:2004 00984004 Page 5 of 46 Created By: Diane Johnson Prirrted: 2/2/2016 11:37�40 AM PST AI -- 50.13% HWS -- 26.39% Quinto -- 23.48% Grantors may change such allocations with the prior written consent of the Agency's Executive Director. 7. Mechanics' Liens. Grantors shall keep the Parking Lot Site free snd cleaz of all mechanics' liens resulting from construction done by or for the Graniors. Each Grantor shall have the right to contest the correcmess or the validity af any such lien if, immediately on demand by the Agency, Grantor procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California. The bond shall meet the requirements of California Civil Code §3143 and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Each Grantor shall hold harmless, defend and indemnify Agency and the Pazking Lot Site against all liability and loss of s,�ny type arisin� out of work pedormed by such Grantor on the Parking Lot Site, together with reasonable attorneys' fees and all costs and expenses reasonably incurred by Agency in negotiating, settling, defending or otherwise protecting against such claims. If any of the Grantors do not cause to be recorded the bond described in California Civil Code §3}42 or otherwise protect such Grantor's portion of tY�e Parking Lot Site under any alternative or successor statue, and a final judgment has been rendered against such Grantor by a court of competent jurisdiction for the foreclosure of a mechanics' materialman's, contractor's or subcontractor's lien claim, and if such Grantor fails to stay the execution of the judgment by lawful means or to pay the judgnnent, then Agency shall have the right, but not the duty, to pay or otherwise dischazge, stay or prevent the execution of any such judgment or lien or both. Such Grantor shall reimburse Agency for all sums paid by the Agency under this Section, together with all of Agency's reasonable attorneys fees and costs, plus interest on those sums, fees, and costs, at the maximum legal rate that may be charged by non-exempt lenders under the usury laws of the State of California. On completion of any substantial work of improvement, the Grantor performing such work shall file or cause to be filed a notice of completion. Grantors hereby appoint Agency as the Grantors' attomey-in-fact to file the nodce of completion upon the applicable Grantors' failure to do so after the work of improvement has been substantially completed. 8. Property 'I'axes and Possessory Interest Taxes. Each Grantor shall pay, or cause to be paid, directly to the appropriate governmental agencies, prior to detinqueney, all possessory reat property taxes and other special taxes and assessments and/or chazges, including ta�ces, assessments or charges levied in lieu of property taxes, whieh may be levied or assessed against such Grantor's Parcel, including any assessment tax or charge on the portion of the Parking Lot Site on such Pazcel. Grantors may change such allocations with the prior written consent of the Agency's Executive Director. 9. Insurance. Grantors shall purchase and maintain as to the Parking Lot Site commercial general liability insurance covering bodily injuries and damages to persons and property occurring within Parking Lot Site, with a combined single limit of at least One Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) in the aggregate, with a deductible of not more than $10,b00.00. Grantors shall cause Agency, its Boazd members, agents, employees and attorneys, P64021Q4S9�680642.6 � Order: Non-Order Search Doc: RV:201}4 OQ8840Q4 Page 6 oi46 Created By: Diane Johnson Printed: 2/2/2016 11:3T:40 AM PST and any successor in interest of Agency, to be named as additional insureds on each policy of such insurance maintained by it with respect to Parking Lot Site. Such insurance policics shall be endorsed to provide that such coverage shall be primary and that any insurance maintained by the Agency shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against Agency. Grantors shall deliver to Agency certificates of insurance evidencing complianee with these provisions. Such certificates shall also include the agreement of the carrier not to eancel or otherwise terminate such coverage without first giving at ]cast thirty (30) days prior written notice to the Agency (attention: Executive Director} and to each additional insured under any policy carried pursuant to this Section 9. If at any time the amount or coverage af insurance which the Grantors are required to carry under this Section is, in the Agency's reasonable judgment, materially less than the amount or type of insurance cavera�e typically carried by owners or lessees of comparable properties in the State of California, then Agency shall have the right to require Grantors to increase the amount or change the types of insurance coverage required under this Section. Such requirements shall be designed to assure protection from and against the kind and extent of risks which oxist at the time a change in insurance is required. Agency shall notify the Grantors in writing of changes in insurance requirements. All insurance purchased by the Grantors shall be from companies rated no less than A VII in Bests Insurance Guide. The amount of insurance obtained pursuant to this Section shall not limit the liability of the parties under this Easement Agreement. If the Grantors do not deposit certificates evidencing acceptable insurance policies with Agency incorporating such changes within sixty (60) calendar days of receipt of such notice, then Agency may purchase such insurance anci Grantors shall immediately reimburse the Agency for such insurance premiums, together with a 15% handling chazge, in the following percentages: AI -- 50.13% HWS -- 26.39% Quinto -- 23.48% Grantors may change such allocations with the prior written consent of the Agency's Executive Director. 10. Indemnification. A. Grantors shall indcmnify, defend, pratect, and hnld harmless Agency from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs and expenses, (including attorneys' fees) arising from or in connection with, or caused by (i) any act, omission or negligence of Crrantors or any lessee, subtessee, licensee, concessionaire, contractor, licensec, invitee, agent, servant or ernployee thereof (collectively, "Users'�, wheresoever the same may occur; (ii) any use of the Parking Lot, or nny accident, injury, death or damage to uny person or property accurring in, on or about the Pazking Lot, or any part thereof, or from the condvct of Grantors' or their Users' businesses or from any activity, work or thing done, permitted or suffered by Grantors or their Users in or about the Parking Lot Site or elsewhere (other than arising as a result of Agency's gross negligencc or intentional misconduct}; and (iii) any breach or default in the performance of any obligations on Grantors' part to be performed under the tertns of ihis Easement Agreement, or arising from any negligence of Grantors, or any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Agency by reason of any such claim, Grantors, upon notice from Agency, shall defend the same at the Grantors' expense by counsel reasonably satisfactory to Agency. Grantors, as a material P6402�0439�680642.6 -7- Order: Non-Order Search Doc: RV:2004 00984004 Page 7 of 48 Created By: Diane Johnson Prirrted: 2/2/2016 11:37:40 AM PST part of the consideration to the Agency, hercby assumes all risk of damage to groperty or injury to persons in, upon or about the Parking Lot Sitc arising from any cause other than Agency's gross negligence or intentional acts, and Grantors hereby waive all claims in respect thereof against Agency. These provisions aze in addition to, and not in lieu of, the insurance required ta be provided by Section 9 hereof. Grantors' respective liabilities to the Agency for the cost of the insurance, and for the indemnity and defense obligations set forth above� shall be contributed by the Grantors in the following percentages: AI -- 50.13% I�WS -- 26.39% Quinto -- 23.48% Grantors may change such allocations with the prior written consent of the Agency's Executive Director. Nothing contained herein shall limit any Grantor's rights of contribution from the other Grantors on account of damages arising from the other Grantors' negligence or breach of any other agreement among the Grantors, nor shall it limit any Grantor's rights of contribution from any third parties that cause damages or injuries. b. Hazardous Materials. In addition to the foregoing indemnity, Grantors agree to indemnify, protect, defend and hold Agency hazmless, from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damagc, or expensc (including, without 7imitation, attorneys' fees), resulting from, arising out of, or based upon (i) the release, use, generation, discharge, storage or dispasal of any Hazardous MAterials by any party owning or having an interest in the Grantors Parcels or Shopping Center Property on, under, in or about, or the transportadon of any such Hazardous Materials to or from, the Shopping Center Property (including, without limitation, the Easement Area), or (ii) any violation, or alleged violation, or compliance with the requirements of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposa] or transportation of Hazardous Materials on, under, in or about, to or from, the Shopping Center or th� Property by any party owning or having an intcrest in the Shopping Center or the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, ar expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, relocation expenses, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment, and the cost of clean-up of the Shopping Center or Property, or any portion of the Shopping Center or Property, or any improvements thereon, caused by or resulting from any Hazardous Material, or toxic substances or waste released onto the real propeRy underlying the Shopping Center or Property by the Owner, its lessees, sublessees, successors or assigns. The term "Hazardous Materials" shall include, but not be limited to, substances defined as "hazardous SUbSt811C8S�" "}1�TdOl1S materials," "pO1�UtSI1L 02' COI1�a7Y11I18I1t�" "imminently hazardous chemical substance or mixture," "hazardous air pollutant," "toxic pollutant," "hazardous waste," "extremely hazardous waste" or "toxic substances" in any of the Comprehensive EnvironmentaI Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601, ct scq.; the Hazardous Materials Transportation Act, 49 U.S.C. §180t, et seq.; The Resource Conservation and Recovery Act, 42 U.S.0 P6402104591680642.6 !%� Order: Non-Order Search Doc: RV:2004 00984004 Page 8 of 46 Created By: Diane Johnson Printed: 2/2/2016 11:37:40 AM PST §6901, et seq.; and those substances c3efined as "hazardous substances" in §25326 of the California Health 8t Safety Codc; and in the regulations adapted and publications promulgated pursuant to said laws. c. Exem.ption of A�ncy and City from Liabiliri. Grantors i�ereby assume all risks and liabilities of a landowner in ihe possession, use or operation of the Paricing Lot. Grantors, on beha(f of themselves and their lcssces, sublcssees, licensees, conccssionaires or contractors, hereby agree that Agency and City shall not be liable for injury to the Grantors' husiness or their lessees', sublessees', licensees', concessionaires' or contractors' businesses or any loss of incame therefrom or for damage to the goods, wares, merchandise or other property of the Grantors or their Users, or any other person in or about the Pazking Lot Site, including any liability arising from the physical condition of the Pazking Lot Site or the presence of any hazardous or toxic materials or substances on the Pazlcing Lot Sitc, nor shall Agency or City be liable for injury to the person of Grantors, or their Users, whether such damage or injury is caused by or results from hazardous or toxic materials or substances, fire, steam, electricity, gas, water, or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Pazking Lot Sitc or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Grantors. Nothing contained herein shall be construed us excusirig Agency or City, however, from liability for Agency's or City's gross negligence or intentional misconduct. ll. Non-Discrimination Provision. Each Grantor covenants and agrees for itself, its successors, assigns and every successor in interest to the portion of the Grantor's Parcel encumbered by the Easement Area, or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, creed, national origin, ancestry, physical handicap, medical condition, age, marital status, or sex in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Parking Lot Site nor shall the Grantor itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Pazking Lot Site. 12. Form of Nondiscrimination and �Vonsegregation Clauses Each Grantor shail require that aIl deeds, leases, or contracts pertaining to any portion of the Parking Lot Site encumbered by this Easement owned or controlled by the Grantor contain or be subjeet to substantialiy the following nondiscrimination or nonsegr�egatian clauses: a. In deeds: "The grantee herein cavenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, creed, national origin, ancestry, physical handicap, medical condition, age, marital status, or sex in the sale, lease, sublease, trar�sfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or uny person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selecdon, location, number, use or occupancy of tenants, lessees, sub#enants, sublessee, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." P640210459\480642.6 -9- Order: Non-Order Search Doc: RV2004 00984004 Page 9 ot46 Created By: Diane Johnson Printed: 2/2/2016 11:37:40 AM PST b. In leases: "The Iessee herein covenanis by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: ThaE there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, creed, national origin, aneestry, physical handicap, medical eondition, age, marital status, ar sex in the leasing, subteasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discriminarion or segregation with reference to the selection, location, number, or occupancy of tenants, lessees, sublessee, tenants, or vendees in the land herein leased," c. In contracts of sale of the Parking Lot Site: "There shall be no discrimination against or segregation of, any person or group of persons on account of race, calor, religion, creed, national origin, ancestry, physical handicap, medical condition, ege, maritFil statns, or sex in the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practiee or practices of discrimination or segregation with reference to the selection, location, number, use or oecupaney of tenants, lessees, subtenants, sublessee, or vendees of the land." d. Al] of the terms, covenants, agreements or conditions set forth in tivs Eas�ment Agreement shall remain in ef%et for the term specified in each such grant excepting only the foregoing provisions of this Section 12 which shall survive and remain in effect in perpetuity. 13. Covenants Shall Run With the Land. All the agreements, rights, covenants, and �rants of easement contained in this Easement Agroement shall run with the land (as defined in California Civil Code Sections 14b0 and 1462); shall inure to the benefit of the Agency and the City, or their heirs, successors, and assigns; and shall be binding upon the Grantors, their respective heirs, successors, and assigns, and all other persons acquiring the Grantors' Parcels or any part thereof, whether by operation of law or in any other manner whatsoever. The Easement shall be an appurtenant easement, and shall burden the Easement Area for the benefit of the Agency and the City. 1 �. Enforcement. a. In the event of any of the Grantors' default or breach in the performance of any of the obligations or agreements herein, Agcncy or City, or both of thcm, shall have the right, but not the obligation, to cure such default for the accouni and at the expense of the defaulting Grantor� and Agency or City, or both of thtm, shall have the right to recover from the defaulting Grantor all damages, and all costs and other sums expended in connection therewith, including reasonable attomeys' fees, plus interest thereon at the maximum legal rate permiried to be charged by non-exempt lenders under the laws of the State of Califomia, and Agency or Ciiy, as the case may be, may impose a lien upon the defaulting Grantor's Parcel (including the improvements thereon). Such lien may be imposed by (i) serving wririen notice upon such defaulting Grantor, which natice shall contain a representation of non- compliance with the provisions of this Section, an explanation as to the nature of the particular obfigation, and a descriplion of the defaulting GrantQr's Pazcel, and (ii) by duly recording a copy of such notice in the Of�ieial Records of Riverside County, California. The priority of such lien shall be P6402\0459�680642.6 � Order: Nor}Order Search Doc: RV:2004 00984004 Paye 10 oi 46 Created By: Diane Johnson PriMed: 2/2l2016 11:37:40 AM PST determined as of the date of filing the same of record; provided, however, any such lien shall nevertheless be subject and subordinate to the lien of any mortgage or deed of trust now or hereafier covering any portion of the Grantors' Parcels. Such lien shall continue until fully discharged, but in no evcnt longer than five (5) years from the date of recordation, and may be foreeiosed by a judgment at law or by means of a power of sale in accordance with the laws of the State of California pertaining to foreclosure of mortgages with a power of sale. Such lien shall secure not only the amount stated in the aforesaid notice, but also the reasonable costs and expenses of enforcing the same, including interest at the rate provided herein and reasanable attorneys fees. In addition, in the event of a Grantors' default, Agency or City, or both of them, may pursue any other remedies or proceedings available to it at law or in equiry against such Grantor. Agency or City may, in any such proceeding, recover damages from or on account of such violation; secure by way of specific performance or otherwise the performance of such covenant, condition, easement or restriction; or obtain any other remedy provided for at law or in equiry. 15. Miscellaneous. a. Transferability of Easement/Leases. Subject to the foregoing, all terms of this Easement Agreement shall be binding upon and be enforceable against Grantors, their successors and assigns, and all other persons acquiring the real property burdened by the Easement Area, whether by operation of Iaw or in any other manner whatsoever, and shall inure to the benefit of and be enforceable by Agency and City, and their legal representatives, successors and assigns. Grantors agree that any new lease ai%cting the Shopping Centez Property and any extension, modification or amendment of any existing lease affecting the Shopping Center Property shall expressly provide therein that such new lease or extension, modification or amendment is made subject and subordinate to the rights and interests created by this Easement Agreement, and each tenant which is a party to such new lease or extension, modification or amendment shall acknowledge and agree to be bound by the terms of this Easement Agreement. b. T'ermination of Liabiliri. Whenever a bona fide transfer of any interest in any of the Grantors' Parcels takes place, the transferor shall not be liable for breach of a covenant occurring thereafter with respect to the transferred interest. In addition, the liability hereunder of any Grantor that is a tenant of the Grantors' Parcels shall terminate upon the expiration or sooner tcrmination nf such Grantor's lease. c. Notices. Unless otherwise specifically provided in this Easement Agroement, all notices, demands or other communications given to Agency and City shall be in writing, and shall be sent by certified mail, return receipt requested, postage prepaid and addressed as follows, and shall be deemed received only upon receipt thereof P6402\04591680642.6 - 11 - Order: Non-Order Search Doc: RV:2004 00984004 Page 11 oi46 Created By: Diane Johnson Printed: 212l2016 11:37:40 AM PST To Agency or City: Execudve Director Palm Desert Redevelopment Agency 73-510 Fred Waring Drive PaIm Desert, CA 92260 Phone: (764) 346-061 l Fax: (760) 341-6372 To AI: Attn: Alec Glasser 301 Forest Avenue, Suite 200 Laguna Beach, CA 92651 Phone: {949} 497-6d74 Fax: (949) 497-4774 To HWS: Attn: Susan Rosenethal, Trustee c/o Rose Sall 2938 Deer Pazk Road Walnut Creek, CA 94598 To Quinto: Attn: Danny Chan c/o 1'elok Management, Inc. 1055 Corporate Center Drive, Suite 420 Monterey Park, CA 91754 d. Gender, The use herein of the neuter gender shall include the masculine and the feminine, and the singulaz number shall include the plural, whenever the context so requires. e. No Third-Partv Beneficiaries. No person shall have any enforceable rights under this Easement Agreement other than the parties hereto and their successors and assigns, notwiihstanding any provisions hereof which contemplate that other persons may exercise certain privileges, or any references herein to the General Public. f. No Waiver. No waiver by Agency or City of any default of thc Grantors shall be implied from any omission by Agency or City to take any action in respect of such default. No express waiver of any default shall affect any default or cover any period of time othcr than the default and period of time specified in such express waiver. One or more waivers of any default in the performance of any term, provision or covenant contained in this Easement Agreement shall not be deemed a waiver of any subsequent dcfault in the performancc of ihe same teim, provision or covenant or any other term, provision or covenant contained in this Easement Agreement. The consent or approval by Agency or City to or of any act or request of Grantars requuing consent or approval shail not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts or requests. The rights and remedies given to Agency or City by this Easement Agreement are cumulative, and none of such rights and remedies shall be exclusive of any of the otiiers, or of any other right or remedy at law or P6402104591680642.6 -12- Order: Non-Order Search Doc RV:20Q4 00984004 Page 12 of 46 Created By� Diane Johnson Prir»ed: 2/2/2016 11:37:40 AM PST in ec}uity which Agency or City might otherwise have by virtue of a default under this Easement Agreement. g. Estoppel Certificates. Each Grantor covenants that upon receipt af written request from Agency or City, the Grantor shall, within l S days after receipt of such request, give to Agency or City or ather person specified by Agency or City, an estoppel certificate stating: (i) whether the Grantor to whom the request has been directed knows of any default by any of the Grantors under this Easement Agreement, and if there are known defaults, specifying the nature thereof; (ii} whether to its knowledge any provision of this Easement Agreement has been assigned, modified or amended in any way (and if it has, then stating the nature thereo�; (iii) that to such Grantor's knowledge, this Easement Agreement, as of the date of the estoppel certificate, is in full force and effect; and (d) any other information reasonably required by Agency or City. h. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the Easement Area or any portion of any part of the Parking Lot Site to the General Public or for the General Public or for any public purpose whatsoever, it being the intention of the parties to this Easement that the Easement conveyed pursuant to this Easement Agreement shall be strictly limited to and for the purposes herein expressed. i. Amendment. Th�s Easement Agreement may be cancelled, changed, modified in whole or in part only by the wrinen and recorded agreement executed by all of the record owners of the Easement Area at the time of such amendment or termination. j. Negation of Partnership, None af the terms or provisions herenf shall be deemed to create a partnership between or among the parties hereto, nor shall it cause them to be considcrod joint venturers, or members of any joint enterprise, in the operation of the Parking Lot or otherwise. k. Entire Aereement. 'Ihis instrument contains the entire agreement of the parties hereto as to the rights herein granied and the obligatians herein assumed, and no oral representation shall be of any force or ef%ct. No modifcation of this Easement Agreement shall be of any force or effect until signeci by the party to be charged. 1. Severabilitv. Invalidation of any covenant, condition, or restriction or any other provision contained herein or the application thereof to any person or entiry by judgment or court order shaJl in no way affect any of the other covenants, conditions, restrietions, or provisions hereof, or thc application thereof to any other person or entity, and the same shall remain in full force and ef%ct. m. Headin�s. The caption headings of the various sections and paragraphs of this Easement Agreement aze for convenience and identifieation only and shall not be deemed to limit, expand or define the contents of thc respective sections or paragraphs. n. Atiorne, s' Fees. In the event any party hereto shall commence any action against any other party relating to this Easement Agreement or for the breach of any obligation contained herein, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, expenses, and court costs. P640210439�68a642,6 -13- Order: Non-Order Search Ooc: RV2004 00984004 Page 13 of 48 Created By: Diane Johnson Prirrted: Z!Z/2016 11:37:40 AM PST o. Counterparts. The Easement Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitate one and thc same document. [SIGNATURES BEGIN ON FOLLOWING PAGE] P6402�0459�680642.6 - �� - Order: Non-Order Search Doc: RV:2004 00984004 Page 14 of 46 Created By: Diane Johnson PriMed: 2/2/2016 11:37:40 AM PST �,.. t r �..� �../ C�NTRACT NO. R19820-A e it1 WITNLSS WIiEREOF the pariies hereto l�ave execuled this Laseme�it Agreement as uf IJ�c �:�tc ai��l y�car firsl ubove wrillct2. ngcncy: I'��-�� ULS�:It1')t�I3E��,�LOPAiENTAGENCY, s+ ��ubiic bo�l�•, cnr�,oe��te nt�d Jsalitic l3y: d g'` Q, � .�! Robert A. Spiegel, ai Af lesl: ' � � ' ���`��� i .i — � 1� A��rcoved as to fom�: Ricliaids, Wntsos� & Gersl�on, a ��roCessioi�a[ c�r��or:�f iult s �� � �I: A]11CI�1CAN IN�'ESTAIENT PALAIS TO PINES EAST, a Cnlitur��la Iltniic 1 liat�111fy company Uy� 'I'itic, � r�y Title: P6402104591680642,5 15 1' Order: NorFOrder Search Doc: RV:2004 00984004 Page 15 of 46 Created By: Diane Johnson PriMed: 212/201 6 1 1:37:40 AM PST J'.G NX IN WITNESS WHER.EOF the parties hereto have executed this Eascment Agreemei�t as di tlie datc and year first above written. Agci�cy: rALAI llESERT REDEVELOPMENT AGENCY, a public body, corporate and poiitic By: Chairrnan Altest: Secretary A�proved as to form: Richards, Watson & Gershon, a professional cor��oration By: AI: MiERICAN INVE,STIIZENT' pALMS TO PINES EAST, a Ca1f[ornta [imtte liability company IIy Tittc. � IIy Title: reao2aas9�sobaz.s -15- � v , I ` Order: NorFOrder Search Doc: RV:2004 00984004 Page 16 of 46 Created By: Diane Johnson Prirrted: 2/2/2018 11:37:40 AM PST HWS: IIWS PALM DESERT, a Califoraia limited partaership By; The Rose Sall Irrevocable Trust, its generaI partner By Name: v.s�t/� L- t�'oSt Title: `T"�,,,Sti°�_ By me: itle: Quinto: QUINTO CORPORATION, a California corporution By_ Name: Title: By Name: Title: Rite-Aid: RITE-A1D CORPORATION, a Delaware corporation By Name: Title: By Name: Title: -16- Order: Non-Order Search Doc: RV:2004 00984004 Paye 17 of 46 Created By: Diane Johnson Printed: ?l2/2016 11 �37:40 AM PST HWS: H�'V5 PALM DESERT, a California limited partnership By: The Rose Sal1 Irrevocable Trust, its genera] partner By Nazne: Tit1e: By Name: Title: Qulnto: QUINTO COR.PORATION, a Califarnia corporation �/. BY ' 7t ..�c 11t-'��r- Na L�c%4it/ !uv r, Title: By I\'a le: Rite-Ald: Rl'l'E-AID CORPORATION, a Delaware corporation By �1ame: Title: By Name: TitIe: -16- Order: Non-Order Search Doc: RV2004 00984004 Page 18 oi 46 Created By: Diane Johnson Printed: 2/2/2016 11:37:40 AM PST HWS: HWS PALM DESERT, a California timited partnershiP By: The Rose Sall Irrevocable Trust, its general partner By Name: Titic: ay Name: Title: Quinto: QUINTO CORPORATION, a Cali%rnia corporation By Name: Title: By Name• Title: Rite-Aid: THRIFTYPAYLESS, INC., a Califomia corporallon c�ba Rite-Aid �— By . Name: Q Title: By Name• Ti -16- Order: Non-Order Search Doc: RV2004 00984004 Page 19 of 46 Created By: Diane Johnson PriMed: 2l2/2018 11:37:40 AM PST Stapies; STAPLES THE UFFICE SUPERSTpRES, IIVC., a Delaware corporation : i�' i«_ � � ��^�^ ,� . .� By N e: tle: � Tweeters: New Engla�d Audio Co., ���,, a Delaware carporatioa By Name: TitIe: By Name: Ti tle: -17- Af�ROVELi as ro �oR "AC1WiN 8 DEVELOPMENT / 1 �nR� r.rrwRrw���.��t Order: Non-Order Search Doc: RV:2004 00984004 Page 20 of 46 Created By: Diane Johnson PriMed: 2J2/2016 11:37:40 AM PST Staples: STAPLES THE OFFICE SUPERSTORES, INC., a Delaware corporallon By Namc: Title: By— Name: Title: Tweeters: New England Audio Co., Inc., a Delaware corporatioa : �r , ���1� /L'�'i.�Y'�%?,!�i7�f . . /P!' ,�i - »- Order: Non-Order Search Doc: RV:2004 00984004 Page 21 oi 46 Created By: Diane Johnson Prirrted: 2/2/2016 11:37:40 AM PST �./ `.r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomla County of Riverside ss. On April 1, 2004 ,�fore me, N• Gloria Martinez, Notary Public � Nsma and rAN oi ORcw (..g., •.hns Das. Nobry RiWc� � personally appeared�bert A. Spiegel and Rachelle D. Rlassen rram�(:> a sbnal.) ' M. GLORIA MARTINEZ Commisslon # ti382510 � �r Notary Public - Callfomla � � . Riverside County MyComm.E�iresOct29 2006 f� personally known to me O proved to me on the basis of satisfactory evidence to be the personQ whose name(� b�/are subscribed to the within fnstrument and acicnowiedged to me that l�lthey executed the sa in �/thair authorized capacity�j, end that by �/thelr signature� on the instiument the person(�, or the entity upon behalf of which the person(� acted, executed the instrument. WlTNESS y hand snd official seal. PlaceNa sedAnw• -, /,/ � / � � � ri'/�/ .^ �' s�aw.s a rror,ry � OPTIONA� fiouQh the infamatiorr be/ow is not ieyuired by faw, rt may prove veluebls to persara relying on the abcvmerrt artd could prevent haudulent remova! and raattachment of this /orm to another document. Description of Attached Document Tide or Type of Document: Easenent A�reenent to Contract Izo R19820—A (OP� American Inveatsent Pa]s�s to Pines �ast Document bate� �March_ 25, 200 Number of Pages: Signer(s) Other Than Named Above; Capacity(fes) Clalmed by Signer Signer's Name: � Ind(v(duaf ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited C General ❑ Attorney in Fact ❑ Trustee O Gusrdian or Conservator O Other: _ Signer Is Represe+�ting: n.rn.�� Top of lhumb here --. .�_�._, ._._, .....�..�� - ....... ,.. �..�,.., , .,. � �.�,� • �.naswonn. c:I1 9131 J-ZWZ ProE. No. 5907 Reordar Ca1 TaX-fn� 1-800•E76�827 Order Non-Order Search Doc: RV:2004 00984004 Page 22 of 46 Created By: Diane Johnson Printed: 2/2/2016 11:37:40 AM PST � Staie of California } County of � � �, 4�J�P.� } ,�y� . On _//l�'!,i i7 ,�1, �� CONTRACT NQ. R19820-A me, �itfs,�R Atff,���+✓ a Notary Public, personally appeared � '2 5 , personally known to mc (or proved to me thc basis of satisfactory evidence) to bc the person� whose name� is/a�subscribed to the within instrument and acknowledged to me that he/s�e/tY�.y executed the same in his/ty6r//tl�ir authorized capacity(�,'s�, and that by his/h,�fltty�r signature� on the instrument the person�r the entity upon behalf of which the person(.�j acted, executed the instrumcnt. WITNESS my hand and official seal. % v�-�.-,� � i� . �t�lfi.�a'n/ Signature TERESIWIA. P/17TER$QN (seal) Cam►nission s 1348443 � Notary Publie- C�Mlomla � Los Anpelss Cowfbr MYCorrm. E�ires IMar28, ZOQQ State of California } } County of } On , , before me, a Notary Public, personalty appeared , personally known to me (or 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 hc/she/they executed the same in his/her/their authorized capaeity{ies), and that by his/her/iheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seal. Signature P6402\0459�680642.5 Order: Nor�Order Search Doc: RV:2004 00984004 Page 23 oi 46 Created By: Diane Johnson Prirrted: 2/2/2016 11:57:40 AM PST State of CaIifarnia } County of ��(,1. � } } � •� , before mc�� ����5 , a Notary Public, personally appeared personally known to me (or pr ed ta me on the basis of satisfactory evidence) to be the person(s) whosa name(s) is/are subscribed to the within instrument and acknaw�edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and fhat by his/her/their signature s on the instnunent the person(s), or the entity upon behalf of which the person(s) acted, executed the i strument. WITNESS my hand and official seal, Signatur (seal) State of California County of } } i J. K VYELL Commbsion f 1318H05� � Nomry Pub1;c - Catifemi: �' Onn�e county �Y Carrn. F�pirrs Aup 23� 20oS On , , before me, personally appeared , a Notary Public, personally lrnown to me (or proved to me on the basis of satisfactory evidence) to be the petson(s) whose name{s) is/are subscribed ta the within instrument and acknowledged to me that he/she/they executed the same in his/her/thcir authorized capacity(ies), and that by his/her/their signature(s) on the instnunent the person(s), or the entity upon behalf of which the persfln(s) acted, executed the instrument. WITIv'ESS my hand and officiai seal. Sigiature (seai) P640210459�b80642.5 Order. NorFOrder Search Doc: RV 2004 00984004 Page 24 oi46 Created By: Diane Johnson PriMed� 2/2/2016 11�37:40 AM PST State of California } County of �1�t'/'4� �� } On 1.� , 20 �, b�fQre me S���� a Notary Public, personally appeared -- 1�,5�1v . K�� c�, � r proved to me on the basis of satisfactory evidence) to be the person{s� whose name{��e subscribed to the within instrument and acknowledged to me that As�h�/t�y executed the same in ' ie t�'kir authorized capacity(�s), and that by'[ t��t}kir signaturc(3j on the instrument the persanQe}, or the cntity upon behalf of which the person(�acted, executed the instrument. WITNESS my hand and official seal. ���t�-e� SANDRA S. BELK Signature `� � COMM.1300433 NOTARY PUBl,1C • CILLIFORNIA CONTAA COSTA COUNTY r My Camm, Expkes May 7, 2008 {seal) State of California County of On , , beforc me, , a Notary Public, personally appeared . personally known to me (or proved to me on the basis of satisfactory evidence} to be the person(s) whose name(s} is/are suhscribed 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. WITNESS my hand and official seal. Signature (seal} P6402104591fi 80642, S Order: Non-Order Search Doc: RV:2004 00984004 Page 25 oi 46 Created By: Diane Johnson PriMed: 2l2/2016 11:37:40 AM PST State of California � County of } } � , , before me, , a Notary Pubtic, personally appeared personally known to me (or 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 zne that he/she/they executed the same in hislher/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon beha]f of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seat) State of California County of personall a � M~-� � j��� before me, �rc�- /"��C�Q (jh� , a Notary Public, y ppeared L t I h personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aze subscribed to the within instniment and acknowletlged 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 instn,ment the person{s), or the entity upon behalf of which the person(s) acted, executed the instnunent, WITNESS my hand and official sea r►ot�y Pubnc State of Wcshingtort JACK MCCLELLAN �`� � �ntment F�Ires feb 24. 2004 � Signatu (seal) P6402104591680G42,5 Order: Non-Order Search Doc: RV:2004 00984004 Page 26 of 46 Created By: Diane Johnson Printed: 2/2/2016 11:37:40 AM PST (seal) 6:aiti�euzi� r ��� ~ State of } Cv,��� ^ � } county of } On ��_�7�3, before me,i�vGCC��E:�r�!", a Notary Public, personally appeared �. L+t�J Q.et� t� lMr�.v1 , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aze subscribed to the within instrument and acknowledged to me that he/she/they cxecttted the same in his/herltheir atrthorized cepacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity vpon behalf of which the person{s) acted, executed the instn�ment. WITNESS my hand and o�cial scal. ��gnamre M�LlSSA V`ry� A BIESECKER 7W�NotQr Pubrr� CI+MBE� q�pMA HlLL MY CommissfOn Ex 1re�U�TV (seal) A Oc, q, 2pp6 State of California } } County of } On , , before me, _ , a Notary Public, personally appeared personally known to me (or 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 hisJher/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. WITNESS my hand and official seal. Signatwe P6402104591680642.6 Order: Non-Order Search Doc: RV:2004 00984004 Page 27 of 46 Created By: Diane Johnson Primed: 2I2/2016 11:37:40 AM PST State of �.s5c�c:1..k �I 5 } } County of �•ic��-�t �su..� } �, 4 �n ��`�, � , �Scfara me, �`�`�''�. �ler� _> a Notary I'ublic, personallyappeared �t�n r. (?�c.r}�l ' , pez'sonalIy known ta m� (or proved to me on thc basis of satisfactary evide�ace) to be tbe person(s) whose namc(s) is/are subscrib�d ta the �withiaa u�strument a�ttd acknovvled$ed to rne thet heisheJthey executed the samt in bisiheYlth�ir authorized capa�ity(ies), and that by his/her/their signature(s) on the 'vnstaument the p�sou(s), ox t1�e entity upon behaif of w�hzch the pexson(s) acted, execvted tbe instrumcnt. WITNESS my hand and officia� seal. �5��� �������� Signature �AWN Nil. �.IAH[� NOTAflY PUBI.iC� (seal) �v� � Aa �' 2°°e State of Califa�nia } i CQunty of } On , , befare me, , a Notary Public, personally appeazed , personally known to me (or proved to �ne on the basis of sa�iefa�ivr� �videz�ce} to be the person(s) whose name(s) is/� subscribed td the wit}.iaz� insixu�m�nt and acl�norcvle�dged to xne that hc/she/they executed the same in his/hezltheir authozizr.� capaeity�ies), sr�d t�at b}� hislhexltheir sigvature(s) on the instrumeni the personts), ar the entity upon behatf of vrhioh the person(s) acted, executed the instn�ment. ViriTNESS my l�and and official seal. Signatuze (seal) P6402\04591G80G42.5 pafle 28 of 46 Created BY: Diane Johnson Printed: 2!2l2018 11:37:40 AM PST Order: Non-Order Search Doc: RV20Q4 ��984�04 Col'rlmohU�e�d.f�, c� .�l�r.fsaai�u� } Cotinty of _ /i���_ � } yp�3 � , ���iefore me,���2� personally appeared ��' a Notary Public, personally knawn to me • . whose name � ) to be the persor�} f s} zs/�e. subscribed to the within instrument and acknowledged to me that he,4�3efEkey� executed the same in his�eir authorized capacity(�es�, and that by his�ir signatur instrument the person(-aj, or the entity upon 6ehalf of which the erso � on the P nf�-acted, executeci the instrument. WITNESS my hand utd offccial seal. Notary Public Commonweakh ot Massechu My Cammissbn �xpires (seal) CO/!�'�o►�l�t1tQ./'�i ���f�C�1� � tTria County of } } � �, � before m�, h _�a,,�-, a No�, Public, personally appeared � s - personally known to me • . � whose nazneFsj isfare subscribed to the within instrument and ackrtowledged to me thahhpers�,�� executed the sazne in his,4rerft}teit authorized capacity(�e�}�.and that by his/her/their si aturo instrument the person4s}, or the entity upon behalf of whtch the person(�s.} acted, execut�ed the 'tns�tniment. WITNESS my hand and officisl seal. W - SHARpN �, DUPONT gllatll�e Notary pubfic Commonwealth of MessechusetLs My Commisslon Expires A rfl t8, 2008 (Seall P6402�045S�63G642.5 Order: Non-Order Search Doc: RV:2004 00984004 Paye 29 of 46 Created By: Diane Johnson Printed: 2/2/2018 1137:40 AM PST List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F P6402104391680b42.6 AI Pazcel Site Map HWS Parcel Quinto Parcel Cammon Ana Improvements Easement Area Order: Non-Order Search Doc: RV:2004 00984004 Page 30 of 46 Created By: Diane Johnson Printed: 2I2/2018 11:37:40 AM PST EXHIBIT KA" AI PA.RCEL Order: NorFOrder Search Doc: RV2004 00984004 Page 31 of 46 Created By: Diane Johnson PriMed: 2/2/2016 11:37:40 AM PST Exhibit A Legal Description June l6, 1971 Pazcel 2 That portion of the Southeast quarter of Section 19, Township 5 South, Range 6 Tast, San Bernardino Meridian, accarding to Oflicial Plat of said land appmved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known us State Highway 74 as conveyed to the County of Riverside by Deed recorded February 9, 1932. In Book 64, Page 353 of Official Records, with the center line of that certain 100 foot parcel of tand commonly known as EI Paseo Road, conveyed to the County of Riverside by Deed rec�rded August 6 1962, as Instrument No. 73929: THENCE South 89°30' 40" West on the center line of El Paseo Roud, a distance of 1059.46 feet: THENCE North 0°29' 20" West to the North line of el Paseo Road: THENCE continuing North 0�29' 20" West, a distance of 25.00 feet to the TRUE POINT OF BEGINNING. THENCE North b°29' 20" West, a distancc of 258.21 feet: THENCE North89°30' 40" East, a distsu►ce of 232.00 TNENCE South 0°29' 20" East, a distance of 166.00 feet: THENCE North 89° 30" 40" West, a distance of 168.00 feet to a point in the Easterly line of Deed granted to Safeway Stores, Inc. THENCE on a Southernly prolongation of said Easterly line, South 0° 29' 20" East, a distance of 117.21 feet to a point in the Northerly right of way line of said El Paseo Road; THENCE along said right-of-way South 89° 30' 40" West, a distanco of 37b.00 feet: THENCE North 44°19' 11" West, a distance of 34.66 fcet to the TRUE POINT OF BEGINNING. Excepting there from the Northerly 5.00 feet as measwed at right of angles ard adjacent to the South line of thai ce�tairt parcel conveyed to the State of California. Order: Non-Order Search Doc: RV:2004 00984004 Page 32 of 48 Created By: Diane Johnson PriMed: 2/2l2018 11:37:40 AM PST Exhibit "A" Parcel4 That pottion of the Sontheast one-quarter of Section 19, Township S South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as foliows: Commencing at the intersection ofthe center Iine of that certain 100 foot strip of land commoniy known as State Highway 74, as conveyed ta the County of Riverside by Deed recorded February 9, 1932, in Book b4, Page 353 of Official Records, with the center line of ihat certain 100 foot parcel cocrunonly known as El Paseo Road conveyed to the County of Riverside by Deed recorded August 6, 1962, as instrument NO. 739229� TH�NCE South 89° 30' 4U" West, along the centerline of said El Paseo Road, a distance of 659.4b feet to the intersection of the Southerly prolongation of the East line of the land described in the Deed to Sierra Shopping Center, Inc. a Califomia Corporation, recorded August 6, 1970 as instrument No. ?738b of Official Records: THENCE North 0°29' 20" West, a distance of 50.00 feet on said prolongution to a point on the Northerly right —of-way line of said El I'aseo Road: THENCE North 89°30' 40" Esst, along said Northerly right-of-way fine of El Paseo Road, a distance of 134.17 fect said point being the TRUE POINT OF B�GINNING; THENCE North 0° 29' 20" West, a distance of 300.00 feet; T�iCNC� North 89°30' 40" F,ast, a distance of 47.83 feet; THENCE North 0°29" 20" West, a distance of 212.55 feet to a point on the Southerly right-of —way line of State Highway 111, as described in the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official lZecords; THENCE South 85°57' 07" East along said Southerly right-of-way line, a distance of 68.21 fe�t; THENCE leaving said Southerly right-of-way line South 0°29' 20" East, a distance of 507.15 feet, to a point in the Norlherly right-of-way-line of said El Paseo Road; THENCE along said right-of-way Iine South 89°30' 40" West, a distance of 113.03 feet to the "I'RUE POINT OF BEGINNING ; Excepting there &om the Northerly 5.00 feet as measured at right angles and adjacent to the South line of that said certain parcel conveyed to the State of California. Order: NorrOrder Search Doc: RV:2004 Od984004 Page 33 of 46 Created By: Diane Johnson Printed: Z/Z/2016 11:37:40 AM PST �X�iIBTT ��.8" EXIS3'�iG SITE PLAN Order: NorFOrder Search Doc: RV:2004 00984004 Paye 34 of 48 Created By: Diane Johnson PriMed: 2J2l2018 11:37:40 AM PST 1 `� . ♦ �� �g � � �n i r N -------------------�-------�----------I _. - � - ----------- - -- --------� . , , �1 � � �; � ---.. I � I ----; ; �� CA ; `'�: � � ,r,�, � p �� ` � `� ---.,� I � , � I � .. � � (� � r y 0 , �� .. � CC ` � ��\���� ; �! �� � � � _ � � �' N _._._ � . I i �7 1 , m � , I � � ' � 1 � � � , ' � m ? � m f� -------------------------------� � � ? � � o � � � --r- ; � `�- / i ' , � , I �•, � �. � �- ; � �� , �.- �---------- -- - - — ---- I aoo r/LL�8 TO PME8 �' �,.., i ADO(TIOM / REMOOlL ,�. � < � � 1 � �/k�40R DWOIw• �. l�Mul�• , �' •Il�e� 3'" � t • �..�, ..�,�',�« `' �� 'a.�""i ...-�.«� � � � Order: Non-Order Search Doc: RV:2004 00984004 Page 35 oi46 Created By Diane Johnson Prirrted: 2/2l2016 11:37:40 AM PST E7�HIBIT'�C" H�'S PARCEL �. Order: Non-Order Search Doc: RV:2004 00984004 Paye 36 of 46 Created By: Diane Joh�son Prirrted: ?12/2016 11:37:40 AM PST Exhibit "�' ���- �� Legal Description June 16, I971 Parcel 1 ( Safeway_} That portion of the Southeast quaRec of Section 19, Tawnship 5 South, Range 6 East, San Bernardino Meridian, according to Official Plat of said land approved by the Surveyor General on July 15, 1856, described as follows: Commencing at the intersection of the center line of that certain 100 foot strip of land commonly known as State Highw�y 74, u,s conveyed to the County of Riverside by Deed recorded February 4, 1932, in book 64, page 353 of Ofiicial Records, with the center line of that certain 100 foot parcel o land commonly known as Ell'aseo Road, conveyed to the County of Riverside by Deed recorded August 6, ] 962, as lnstrument No. 73929: THENCE South 89°30' 4d" West on the ccnter line of El Paseo Road, 1059.46 feet; THENCE Norih 0° 29' 20" West to the North line ofEl Paseo Road; THENCF, continuing North 0°29' 20" West, a distance of 283.21 fcct to the TRUE POINT OF BEGINNING; THENCE continuing North 0° 29' 20" Wcst, a distance of I OS.Odfeet to a point that bears South of 0°29'20" East, a distance of Ib0.4 feet from the South line ofthat certain parcel conveyed to State of California by Deed recorded December 24, 1964, as Instrument No. 152892; THENCE North 89° 30' 40 East, a distance of 200.0(} feet; TH�,NCE North 0°29' 20' West, a distance af 150.00 feet to the South line of the parcel 1 conveyed to the State of California above referred to; THENCE South 87°30' 37" East on the South line of said pazcel, a distance of i 67.41 feet to an angle point in said line; THENCE South 85°57' 07" on the South tine of said parcel, 32.93 feet; THENCE South 0° 29' 2Q" East, a distanee of 409.78 feet; 7'HENCE South 89°30'40" West, a distance of 168.00 feet; THENCE North 0° 29' 20" West, a distance of 16b.OQ feet; Order: Non-Order Search Doc: RV:2004 00984004 Page 37 oi46 Created By: Diane Johnson Prirted: 2!2l2016 11:37:40 AM PST Exhibit "A" THENCE South 89°30' 40" West, a distancc of 323.00 feet to the TRUE POINT OF BEGINNING. Excepting there &om the Northerly 5.00 feet as measured at right angles and adjacent to the South line of that certain parcel canveyed to the State of California Order: No�Order Search Doc: RV:2004 00984004 Page 38 of 48 Created By: Diane Johnson Printed: 2J2/2016 11:37:40 AM PST E���'i' ��D� Q�J.INTO PA�RC.EL Order: Non-Order Search Doc: RV:2004 00984004 Page 39 of 46 Created By: Diane Johnson Printed: 2!?I2016 11:37:40 AM PST Legal Description June 16, 197 ] Parcel3 (Thrifty� That portion of the Southeast one-quarter of Sectionl9, Township 5 South, Range 6 East, San Bernardino Meridian, in the County of Itiverside, State of California, According to the Official Plat thereof, described as follows: Commencing at the intersection of the centerline of that certain 100 foot strip of land commonly known as State Highway 74, as conveyed to the County of Riverside by Deed recorded February 9, 1932, in Book 64, Page 373 of Ofiicial Records with the centerline of that certain 100 foot parcel of land commonly knows as El Paseo Raad, conveyed to the County af Riverside by Dced recorded August 6, i 962 as Instrument No. 73924; THENCE South 89° 30' 40" West, along the centerline of said El Paseo Road, a distance of 659.46 feet to the intersection of the Southerly prolongation of the East line of ihe land described in the Deed to Sierra Shopping Center, Inc. a California corporation, recorded August 6, 1970, as Instnunent No. 7'1386 of Ofiicial Records; THENCE North 0°29' 20" West, a distance of 50.0(} feet on said protongation to a point on the Northerly Right-of-Way line said El Paseo Road, SAID point being the TRUE POINT O� BEGINNING THENCE 89�30' 40" East, aiong said Northerly Right-of-Way line of EI Paseo Road, a distance of 134.17 feet; THENCE North 0°29' 20" West, a distance of 30Q.00 feet; THENCE North 89� 30' 40" East, a distance of 47.83 feet; THENCE North 0°29' 20" West, a distance of 212.55 feet to a point on the Southerly Right-of-Way line of State Highway 1 11, as described on ihe Deed to the State of California, recorded December 24, l 964 as Instre�ment No. 152892 of Official Records; THENCE North 85° 57' 07" West, a distance of 212.55 feet to a point on the Southerly Right-of-Way line of State Highway 1 l 1, as described irt the Deed to the State of California, recorded December 24, 1964 as Instrument No. 152892 of Official Records; Order: NorFOrder Search Doc: RV:2004 00984004 Page 40 oi46 Created By: Diane Johnson PriMed: 2f2/2016 11:37:40 AM PST THENCE North 85°57' 07" West, along said Southerly Right-of-Way line, a distance of 182.57 feet to the East line of the land described in said Deed to Sierra Shopping Centers, Inc. THENCE leaving said Southerly Right-of-Way line South 0° 29' 20" East, a distance of 526.99 feet on said East tine to thc TRUE POINT' UF BEGINNING. Order: Non-Order Search Doc RV:2004 00984004 Pape 41 of 46 Created By: Diane Johnson Printed: 2/2/2016 1137:40 AM PST EXHIBIT "E" COMMON AREA IMPROVEMENTS Order: Non-Order Search Doc: RV:2004 00984004 Page 42 of 46 Created By: Diane Johnson Primed: 2I2/2016 11:37:40 AM PST ��''�'�� y�''�'�'��� � � � �� - �_ . �� .. � = _� �i� `f: � • � .. � " — � � ' _ � � ;� �! ' � ` �I ` -.�� � �� � �) � i - r_ � 7 � � � i3= ��� ��,-; � ' �•� � . � z� � Qn •a � � M� � � i i i i �-------- -- PALMB?n PNES ADDfT10N / REMODEL qv .-�_ i � �o k� �' 1' /� i� �. �,. �� ,._ ,,. _��� 000 �• �C�`-"�"a'� � �' � o.�.aM.� _ sati..ii. � � F .� � �. ....�.�.�: �. ���... rr i� j 1 IIM�) y���M I� UM) y��1�M � � Order: NorFOrder Search Doc: RV:2004 00984004 Page 43 of 46 Created By: Diane Johnson Printed: 2I2/2016 11:37:40 AM PST E��iT ��g» Er�,��14�NT AR�A Order: NorFOrder Search Doc: RV:2004 00984004 Page 44 of 46 Created By: Diane Johnson Printed: 2/2/2016 11:37:40 AM PST r �''''�' �W''�i'�iV''.rfiw�`� � � � �� w ` � 1" �.. �, '—`� �I . � r �_ � � � r �/ ��= I.�I \ � � . � � � � _..� � �_ ..� � ���+ � � ;���� - ��� _.�� , $` ��] r Z3 D �M N� � �� ; �' I' � � �------�--�- � PAL� TO PWES ADDfT10N / REY00lL , % , ,/ ,� �,. �" �_. i" ooe '�' . �'Q�'w� I a f � OsYO� ��� �� ctiu�ta I j�� •r� �. l� ��� � �. wr �r � ja ' {p�/ �w�aN� w� {/N) �M—s��� i � 7 s y Order: Non-Order Search Doc: RV:2004 00984004 Page 45 oi 46 Created By: Diane Johnson Prirrted: 2/2/2016 11:37:40 AM PST Goveriait�el�t Code 27361.7 I cei�tify wader penalty of perjury that the notaty seal on the cioct�me��t to whicIi tliis stateme�it is attached reads as follows: Name of uotary: �,�, t. ���,s Commissiocl No.: \'3��Z1��� Date Com�nissio�l expires: __��a �b� County: _ BY� -� � - D�te: � � -1 �r -C�`� Government Code 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of notary: � � , �, �����,. pS\\ � Commission No.: Date Commission expires: i-�-�.1-0 � County: M�,�c`� � S�� -�-� . � Date: � l- � Qt-p�-% Order: Nor}Order Search Doc: RV:2004 00984004 Page 46 oi46 Created By: Diane Johnson Prirrted: 2/2/2016 11:37:40 AM PST RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerfc's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a pub{ic body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Easement Agreement dated January 14, 1999, and recorded on June 29, 1999 as Document No. 1999-290097 in the o�cial records of Riverside County, California, which Easement Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair ACKNOWLEDGEMEN"I' A notary public or other officer completing this certificate verifies on►y 1he 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, , 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 foregaing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: Robert A. Spiegel, Mayor 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 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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) EXHIBIT A. LEGAL DESCRIPTION LOTS 1 AND 2, TRACT 2012, AS SHOWN BY MAP ON FILE IN BOOK 40 PAGES 25 AND 26 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM LOT 1, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 00° 09' 45" WEST 152.61 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY 31.49 FEET ALONG SAID CURVE THROUGH A CENTR.AL ANGLE OF 90° 12' 42" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 20, 120.00 FEET; A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 00° 25' 57" EAST; THENCE EASTERLY 3.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 00' 41" TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET AND TO WHICH BEGINNING A R.ADIAL LINE BEARS NORTH 66° 48' 08" WEST; THENCE SOUTHERLY 10.19 FEET ALONG SAID CURVE THROUGH A CENTR.AL ANGLE OF 23° 21' 37" TO A LINE PARALLEL WITH AND 22.00 FEET EAST OF SAID WEST LINE OF LOT 1; THENCE SOUTH 00° 09' 45" EAST 8.00 FEET ALONG SAID PARALLEL LINE; THENCE SOUTF� 44° 50' 33" WEST 2.83 FEET TO A LINE PARALLEL WITH AN 20.00 FEET EAST OF SAID WEST LINE OF LOT 1; THENCE SOUTH 00° 09' 45" EAST 152.61 FEET ALONG SAID PARALLEL LINE TO THE NORTH LINE OF LOT E(ALLEY) IN SAID TRACT NO. 2012 OF SAID MAP; THENCE SOUTH 89° 37' 45" 20.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE SOUTHERLY 4 FEET OF LOTS 1 AND 2 AS CONVEYED TO THE CITY OF PALM DESERT, A MUNICIPAL CORPORATION BY DEED RECORDED MARCH 4, 1999 AS INSTRUMENT NO. 88326 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 990304 P6902-00001 aer 0261377 1 rev. 990401 1 � qA�rdMo Rr+quested By � Flretanerit�n ►IUa Compa�ly, .10 � :� � r� � RPcording requ�atcecl by at�d wl�on rocordod roturn to i Palm Uopnrt Redovelo�nent Agoncy '13-510 NrAc! Waring Drivo P+ilm Iloaerl, CA 9�260 Attontion� Boaretary ooc a aoo�--z�w�� N/7!/fY!! Nt��p /��t�6.N P�p� 1 ef 11 �.e..ae �� ariat.i R.s•ra e.uMy d �Iwnla o..y �. orw a...+.w, CouMY Ct��k l 4oaNK i�I�������YW����� M 7 u wJ ur n. K�. yvM V yk Nreo ttocordin,q In Acc:ordnnce ` � li �' ' ' � with oovernment Codo saoclon 6103 � � � A� p I 1 wr �O�p IIyYp MfA� WY r.nanMsrrr noKwsn�N�r Thio 8aeomant A9reemant io mado +�nd �nL•��rod in�o aa �f tha I�aL day of :S'nuunvu , 1991, by and between Cho YALFi Df:8GR1' RRDSVELOPMSNT AGkNCY, a public body, corporaL•e And politic ("Agency°), and TIMOTHY BARTL6TT, an iodividual ("Developor"). ItECITAL6 A. Purouant to a Uiupouitio�i und uevolopmont J1gzo�ment (Cho "DDA'�), duted yA�.iAF_y.,�.�'�, C1ie Agoncy ie concurrently convoying to Uevcaloper thaC certain real pro�Hrty (t}�e 'Property") locaL•ed in ttie C1ty oE Palm Doeort, County oE Riveraido, 8tate of California, deecribod in �xhlbit A attached hc�roto and incor�ruCed harain by Chiu reforence, raearviny and excepting therefrom an c�aeement (the "6aeement") for public parking on a portion of the Property. B. The pPA roquires ttiat Uovoloper anci the Agency onter into an agreement more fully deacribliig tl�d LAoement and the aeaociated righte and obligatione of the pArtieei t}�le Eaaement Agrevment ie the agreement �iaecribed in the DDA. NOW THER�FORB, for gvod a�xi aufficienC conaideration, the parties hereto agree ae followe� l. (]efipition of '��a, "Agency" meano tho Palm Desert Redovolopment Agency and any d90ScJhd6 uE, vr eucccreaor to, ite rigt�ta, powora and redponsibilitiea, The Agenc:y ie a public lxxiy, corporate and �..� ��— /� �.r i� �.i �'� � ' � O� N � �o . � �� � � � �� ���� � 8 �,� � . ,. � H C�yi L'J � rn r , Ortler: Noo-OrGa Search Doe: RV1999 00290097 Pape 1 0114 Geated By Diane Johnon Printed: 7/7I2D16 11-77']0 AM PST roePonoibilities, Tho Ayoncy ie s public body, corporato ariJ palitic, exercieing governmentel Lunctiono and powern, and organlzed end exieting under Cl�aptet 7 oP tha CaliPornia Community Itedevelopment I.aw. "City° meann the City of Pelm Doeert, County of Riveruida, 8tato o[ CellPornia. •DD11" meano that Diogoeition and Devolopment Agraem�nt, dntod ��un��i 1M��q�1`i, by and betwean tho Agency end tk�volopor, �DeveloperM meano any pereon or entity owning in foe or holding a leasehold intereet !n the Proporty. "Eaesment" meano the the parkirx� eaeement doocribod in the DDA And Ch4 deed conveying tha Proporty from tho Agancy to Davelo�er. "tleneral Public" meAtie tha public ganerally, including but not limited to vioitoru to and aueComers of Cho buaineaneo oporated by Developor or Developor'a leeeees on tho ProperCy. ��Property' monne the raal proporty doncribed in ExhibAt A heroto. "Parkin9 Lat" mouno the pnrk2ng lot to bQ doveloPod and operatAd on the Property purouant to the DDn and ao furtrier npecified horeln. Tho PArking Lot ahall at all timea include not leBe than forty (40) parking apacoa. "Projact Ares" rtwane the area of Che City aubject to tha Redovelopmo�it Plan. Tl�e exaat boundarien oE the Project Area are epecifically dvaaribed in the Redevelopment Plan. "Radevelopment Plan" means the Red�velopment Plan Eor Redavelopment Project No. 1 approved and udopced by the City Council of the City by Ordinanre No. 60 on July 15, 1975. 2, LaoQmc,ne, Tlie Easomant io a non-exclueive easemant, for thirty yeara, in, to, over and acrose the Parking Lot, for the purpoee of allowing Che use of tha Parking Lot by Che Oeneral Public for the purpoae of pedeaCrian and vohicular ingreee and egrese, and the parkiny of paoaongar vehiclee, ae Ortler NorWrCer Snrch Doc: RV:1999 0029DOB7 Paye 2 of 1d Created By Diane Johnon Pmtetl� 2/7J2016 11:37:70 AM PST �r� EI �` N ; ,: , l � I � � � �� '� . �. �� r � �� i � � j ���� � � I • i' . 2 �• � H ' `' � � ... � I '/,. : ; % / d'eacribed in furthor dotail below. �, QgeratiQ�og the Pnrk Lot. (a) Tha lle!velo�er nhnll operxte the Parking Lot nn a parkin9 lot o�en to ttie Oeneral �ublic, except that Develapor will restrict Che 1A [�arking o�acee locaCed clooest to Che commercinl etructure eo exclueively for che use of the oc:cupanC of the structure and iCa cuotomero in connection with the occupant�e buoineon o�eratione on the PropQrty au oh�wn on Actachment 1 of thin Agreement. DevelopQr ebtill not in�oe�+ charges on the general public Cor tho uae ot Clie Parkin9 LoC wiChout the prior written consent of the Agency, which conoent mny be withheld or withdrawn in the eole and abeolute diecreCion of the Agency. (b) Bxcept aii otherwine epecificelly provided herein, Developer ohall cause the Parking Lot to be open to the � General Public each dey at leaet during the houre irom 6i00 e.m. ; to 1Zi00 p,m.. (c) SubJec� to obtaining the prior written cone�ent of the Agency'A Executive nirector (or the Executive Dir�ctor's deeignoe), which conoent may be withdrawn at any time, Developer ehall eatablieh reaoonable, non-diecriminatory rulea and regulatinne tor the uacs of thc Perking Lot. The Agcnc:y�e Executive Direetor (or the Executive Director�n doaignee) Uhall not unreaeonably withhold, delny or withdraw such consent. (d)The Developer nhall not permiC the Property to be used in a manner which would interfere wfth the iree tlow of vehicular and pedeatrian traffic throughout the Parking Lot, except for normal deliveriee. Parking ehall be perroitted only !n deoig�ated parking atalls, No portion ot the Propeszty ehall be used for the repeir or etorago of vehiclee. Except ae opecifically providod herein to the contrary, the Ueveloper nhall not eroct any wells, fencoe, or other barriera on the Property which prevent ox imnair the use or axerciae oE the eaaemettti provldod, however, thrtt (i) the Devalopc3r may inatall cusb stope or euch other reaeonable trafCic controla ae may be necese��ry to guide and control the orderly flow of eraffic, so long ae the acceos driveways are not cloaed or blocked except for normnl dollver 0 d � � V � d n � � i OrEer: NonOrder Search Doc: RV:1999 00290097 Pape 3 of 14 Geated By: Diane JOMson Printed: 212I2018 11'J7:J0 AM PST ,� � � ,� 0 1 s �� ' �� i� � � � � ���� � � 4 . � , / / A9oncy'o �xocutive Qirector (or Cho iixeautive USrecCor�e d�nignc�o), tho llevelo��er may inotall eidowalke, ramps, dzivHwayn, % lanoe, curbo, gutCere, t:ratEic conCrol araar�, oignalo, traPPic i lolandn, L•raEiic end purking ligl�ting facilitled, plantere, plantirig boxea, odyore, oprinklere, valvoa, nnd landocape ehrubbery. (a) NotwlthaCamiing anythiny herein Co thA cancrnry, tha Ueveloper may temporarily cl000 all or any portion oE the Parking Loti (S) during non-bueinQse hourc� (i.e., the houre other than Chope epectLied in 93(b) ebove)t (11) an t:ho De:velopor doomo legally noceoaary anci eufficiei�t in order to prevent tho dodicaCion thoreof or r�n accrual o£ any righte in any �articular peroon or the public generallyr or (111) ae reaeonably necooaary to perfoYtn constructlon, malutanance or r�paire. Any nuch temporary cloeitig hy ttie Uc3veloper ehall be r�ubjvcc to the prior written conoent of tho Agoncy'e tixecutive Dire�:tor (or the ExecutivP pirector's deoignoe) , wt�ic:h conae�it ehall r�ol• unreae�n- ably be wlthheld or delay�d. 4. Maint,enance, (a) 1'he Dev�loper nha12, at Ueveloper�e coeC and expenee, pertorm, or cause to be performed, such maintenance ae needod to keep the Parking Lot clean and in good condition and repair. Such matntennncQ etiall i:�c.lude, but not be limited to the following: (i) Maisitnining the aurf.aces in a smooth and evenly covered condition with the type o! aurfacing materials originally lnatalled, or euch aubatitute ae ahall in all reapecte be equal or superior to them in quality, uee, and durabi2ltyr fii) Removing all atanding water, papera, debrie, filth, nnd refuBe, and thoroughly aweaping the paved ereae, to the extent roaeonubly neceseary to keep Che paved areao in e clean and orderly conditioni � OrOer. Noo-Order Search Doc: RV�1999 00290097 Pape! of 11 0 N �� �� . � � . \Q �i • C �' � i i � � , � i � �� � � O P Created By Diane Johnson Prnted' 2l7l2076 11:J7:70 AA1 PST V 4 (Lii) Inetelling and Mainteining auch parklnq �Cranr.e, exit, and dirortional eigno, awrker� and lighte ae ___ __�eonably appropriatoi (iv) Repainting and reaCriping tho Parking I,ct r (v) Paying all electrical, water, and other uC111Cy chargee or feoni (vi) Ms�intAining urid reE�airing all etorm dralne ar�d eewPre, and all elecCrical, wator, aiid othor utility linon or eyotemo wliich are uaed in whole or in part to provido servicee to tho Parking I,ot or which sre naceeoary for ti�o operation oi the Psrking Loti (vii) (ZnC�ntioaally Omitt�dJ (viii) Obtalnfny a�id mriintalning in full force and ef�ect commereial general liability ineurance and other inaurance in accordance with ttie pr�vi&i�ne of 3ection 6 of thie Eaeement Agreementj and (ix) Maintaining ull landecaping in a healthy, firat claoe condition, including weeding, trirtming, gardening, r�placing t+hrubr� and othor landecaping, nnd watorSng, including repairing automatic eprinklor eyotome or water lines. 5, Mecj�anics�_Liens. The Developer ehall pay all coeto for conotruction done by Developer or cauaed to be done by Developer on the Parking I,oC ao permitted or required by thie BaeemenC Aqreement, The Develo�er ahall keep the Propn_zty free and cleaz of all mechanica' liena reoulting from conetruction done by or for the Developer. The DeveloE>er ehall have the right to conteet the correctnese or the validity of any nuch lien if Che Developer procurea and recorde a lien releaBe bond losued by a corporation a�thorized to ier�ue eureCy bonds in California. The bond shall meet the requirementa of Civil Code Q3143 and ehall provido for the payment of any aum Chat the claim:�nt may recovFr on the claim (together with coate of euiC, if it recovera 1n the action). The Developer shall hold harmleee, defend and lndemnify the Agency and the Property againot all liability and lose ot any type arieing oul• of wozk performed by the Developer i S � i� �' � � � � ,� � , •. � � � � ', �� r� � � � �� � � ���� ,I � $ I � M � � � � H d . � ,._.,,,�„_,,.....�.,- .,,,,�.., �--.... __._...__.. _ .......,...,�:._,..,. ,�--•.�, ,r-....�....-_,.,.,,.,.....-......�_ ..�-.�.. OrCer: NorvOrCer Search Ooc RV1999 00290097 Pape 5 0110 Created By Di�ne Johnson PmteO- 7/2/2016 1197'70 AM PST on the Property, togother wiCiti reaso»able gteorneys� feeo snd all coeta and expenoea reaoonubly ir�curred by tho Agency in negotiating, eAttling, defonding or othorwise protecting againot ouch alaims. If the Dc�velopez doea noC aauae ta bo recordad tha bond daearibod in California Civil Code §3143 or oCherwioe protect Che Praperty undar any alternativo or ouccos4or etatuLo, and a final jucigmenl• hae been rondored againet the Developer by a court aE c�mpetent �uri�diction for Che toreclosure of a mechanics�, materia2man's, c�ntractor'a or subcontractor'o lien claim, atid lE the Dovelopez faile to etay the execution of Che �udgment by Iawful meana or Co pay the judgment, than th4 Agency el�all have the ri�t�C, UuC r�ot the duty, ta pay or ottterwise diocharge, atay or prevent tho execution of any ouch juJ�mont or 11en or both. The Developer oha21 reimburr�e the Agency for all euma paid by the Agency under thie SeCtion, Cogothor with all of the Agency's reae�nable attorneye feeu and coete, pluo ir�tereet on thoee suma, feea, and coeta, at the maximum legal rate ti�at muy be charged by non-exempc lenderd undor tho uaury lawu of thc State oE California. On completion of any subatantinl work of improvement, the Ueveloper perEorming euch work shall file or cauau to be filed a noeice of completion. The Developer hereby appointe the Agoncy ae the Developer'ii atCorney-in-fact to file the notice of coni�le[ion upon th� Developer'o failure to do ao after the work of improvement hae been eubetentially completed. 6. Innurance. The Developer ahall purchaoe and maintaln ao co the Property commercial general liability inaurance covering bodily injuries and damagee to pereone and property occurring within the Property, with a combined bingle limit of at leaet Tliree Million Dollars (S3,000,000.00), witli a deductiblQ of not mora than S10,000.00. The Devdloper ehall cauee the Agency, ite Hoard memborn, a9ento, employeea and attorneys, and any auccesaor in fntereat oE the Agancy, to be n+imed ae additional ineuredu on each policy of euch ineurance maintained by it with respect to the Property, Such inaurance policiee ahall be anciorsed to provide that euch coverAge nhall be primary and that any inuurance maintained by thc Agency ahall be exceae ineurance only. Such coverage ehall be endoraed to waive the ineurer'e righta of eubrogatiun againnt the Agency. The Ueveloper ahall deliver to the Agency certificates of inaurance evidencing compliance with eheee proviaions. Such certificates ahall also include the agreement of the r.arrier not to cancel or otherwise terminate euch coverage wlthout firet giving at leaet � N � � � i� �� �� r � � �� ���� � � �'' ' 1 i i � H � � i � rb .—.-.._. .. .._._._.., ..----_.:...---r�•— -. _ •�-- ._.—_._....�.. . Oraer NonOr0e/ Search Doc: RV:1999 00290097 P�pe 8 of 1! Ge�teC By: Diane JWmon Prtrted: 7/2/2016 11'37'JO AM PST �..:. tf�irty (30) dayA [�rior wriCten notice to tiio Agoncy (etCention� �xecuCive Direccor) and to each additional insured undor any policy carrlod �ur�unnl to thio Bectior► 6. IC at any time tfio amount or coverage oi innurance whlch ttio Devclo�,er !o raqulied to carry undor thie Section 1s, in the Agency'o raaeonable judgment, materially l��sa than t:he amouiit or type o[ inournnae coverage typically r.arrivd by owneru or leseeeo of comParable �ro�ertiPe in the State of California, then Che Agctncy ahall have tt�e right to require tho ueveloper to increane tho amount or ch�nge the typeci oP inauranca coverAge roquired under tl�ie Sovtion. Buch requiremet�te c�}iall be deeigned to �soure NrocecCion Prom and againae tho kind and exr.ent of rieko which exiot at t}�e time a change in ineuYance ia requirod, The Ago�icy ehall notiEy the Develo�er in writing of chan9es in lnourance requirementn. All inuurance �urchaaed by the Uevelopor ohall be from aompanieo rated no lesa than er VItI in Beete Inourance G�idc. The amc�unt oi innurance �bcained purauant to Chis Saction ehnll noC limit thc+ 1SaU111ty of the partiea undor thie Agreement. If the Developor doos not deposit certificates evidoncing acceptable ineurunce policiee wiCh the Agency incor�rating auch changes witt�in eixty (60) cal�ndar days oE receipt �E such notice, then the Agency may purchaae euch inaurance and tt�e Developer shall immediutely reimburse Che Agency for auch ineurrance Nreiniume, togeCher with a 15i hnndling charge. Notwithetandinc� eaid ineurance policies, the f�veloper ahall bQ obligated for the full and total r+mount ot any damage, injury, or loee occurr►ng in, on or about the Property, �demnification. (a) 1'he Devaloper ehall indeauiify, deEend, protect, and hold harmlenu the Agency trom and againet any and all claima, lonsee, proceedinge, dartwgea, cauaea of action, liability, coate and exp�naea, (including nttorneye' feee) eriaing fcom or in connection with, or caueed by (i) eny act, omieaion or neqligence of the Developer or any lessee, t�ubleeaee, licensee, concessionairQ, contractor, licenaee, invltee, agent, eervent or employee Chereof (collectively, "Usere"), whereaoever the eame may occur� (ii) any uee of the Parking Lot, or any accident, injury, death or damage to any peraon or property occurring in, on or ebout the Parking Lot, or any part thereof, or irom the conduct of the Developer's or the U»ere' bvninessea or from any activity, work oe• C}�ing done, permitted or euffered � N •,Q � � � �� x � �� i � � ���� � � � � � W G � � � OrEer Nor�OrEer Search Doe� RV1999 00290097 Pape 7 of 1d GeateA By Oiane JoMson Pdrrted� 7/7/201 6 11-3 7�J0 AA1 PST �:�.., by th� t)evaloper �r the Usere in or abouC the Property or olsewl�ere (other than arlsing aa a reault of the Agoncy's grooe n�ligence or intentional minconduct)� and (lii) auy breach or dafault in tho prirformance ot any obligationo on tho Dovelopor�a part to be periormed undar the terme oP L•hie EaBement Ayreementr and in case any action or proceedin9 be brought againet the Agency by reaeon oE any nuch claim, thQ Developer, upon notice trom the Agency, ohall de[end Cbe enme at the Developer�n Pxpenc�e by count�el reaeonably taatiafactory to th� Aganc:y, The Aevelopor, ao a materlal parC of the conuiduration to the Agency, hereby er+�iimeA all riok ot damage t� properr.y or injury to pereone in, upon o� about tho Yronerty arisirig lrom any causc other than tho Agency�e groes negl4gence or intentional acts, and Chs D�veloper tiereby wnivea all claime in reespect thereo[ againat Che Aqency. Thess provieiona aro in addition co, nnd rwt in liou of, the inaurance required to be provided by Section 6 hereof. (b) ��o�,oi the A��y from ylabj2ltv. Thc Devcloper hereby aseumea all rieke and liabilitirzs of a lanclowner in the poesession, uee or operation of the ParY.ing 1,ot. The Developer, on behal! of f�eveloper and the Usora, hAreby agrees that the Agency ahall not ha liable for injury to the Developer's buaineao or any Uoer�s buaineaa or any looe ot income therefran or for dama9e ko the goods, wnreg, merchandiae or other property oP tlie Developer or the Uoere, or any other pernon in or about the Property, including any liabiliCy ariaing from th� phyeical c:ondition of the Property or tha proeence of any tiozardoun or toxic materialB or oubdtenceH on the Property, nor nhall the Agency be liable for injury to the peraon ot the Developer or the Usarn, whether nnch damage or injury ie caueed by or reaulta from hazardoue or toxic materiels or aubr�tAncee, fire, oteam, eleccricity, gas, water, or rein, or from the breakr�ge, leekage, obatruction or other dofecte of pipea, eprinklera, wires, appliances, plumbin9, air conditioning or lighting fixturee, or from any other cauae, whether the seid damage or injury reeults I fran conditione arieing upon tha Property or from other eources or pleceo and regardlese o! whether the cause oP euch damage or injury or the meane of repairing the same ie inacceasible to the p�veloper. Nothing contained herein ahall bo conetrued ae excuoing [he Agency, however, from liability for the Agency'a Igroae negligence or i�teneional mieconduct. , x � �w� � F ' � C �. N � . � � � � �• �� r� � � �� ���� � � � H � � � I Ortlec No�Ortler Searc� Doc RV�1999 00290097 Pape B ot 74 Ge�ted 8y: Diane Johnson PriMetl: 2/2I2016 11-37:70 AM PST : �..: �f� . g, CovenantA Hbrxll ${!n With the ji�, All tl�e agTee- monto, riahte, covenante, and granta of eaoemont conCainad in thie Agreemont ohall run v�itt� the land (ae defined in CaliEorniu Civil Coda Sectiona 1�60 and 14G2)� ehall inure Co Cho banafil: of the AgAncy, and ite eucceeaore, and aooignei and ahall bo bincling u�on the Ueveloper, and Aevaloper'a liolro, oucceeeora, and aasign�, and all other poreone ncquiring the Property or any pazt thoreof, whet.her by operaCion o£ law or in any other manner whnt- soever. 9� $qfo�:Qmant, In eho ovent oE tl�e Uovoloper'o default or br�acb in tlio portormance of any oE ttm obligatio��e or agreementa horein, tho Agenay atiall hAve the right, but not the obligation, to cure euch dofault for tha accounC anJ at the expenee of thu Developer, and the Ag�ncy nhall havo the right to recovar from tho Ueveloper all damages, and all coere and other aume expended in connoction therewith, including reaaonablo attornoys' fees, plue interese tliereon aC Ct�e maximum legal rotQ pe�rmitted to bo charged by non-exempt lendorn under the lawu of tha State oi California. In addition, in the event of tha Aeveloper's default, the Agency may purauo any remedies or proceedings available to it at law or in equity againot the Developer. Tho Agency may, in any euch proceeding, recover damagea from or on account of �uch violationt sacure by way of apeciEic porformance or othorwitie the performanca of ouch covenant, conditton, easement or rer�trictioni or obtain any othor remedy provided for ac law or in equity. 10� Miecellaneoue, (a) �oint and Several L.�bili v, The parCiee defined ao the "Developez" ehall be jointly and eeverally liable for all oE the Developer's obligatione eet forth in thie Eaeement Agreement. (b) Termination of Liabilitv. Nhenever a bona fide tranafer of any intereet in thc� Propetty takee place, the trannferor ehall not be liable for breach of a covenant occurriny thereafter with respec[ to the trunaferred lnterest, on the condition precedent that the tranaEeree aeeumes in wciting all 1lability and obligatione of the tranaferor thereafter accruing and delivers an original of such assumption agreement to the Agency. r � I N � • � t , � � �. �� i � � �� ���� � � � I .I ------. .. .. ._ _. .._ �-�._.,�•:._-�._.j...__�,.,..-.—�..___�-,..,-.,_,.., ....._�._.. ...._.._,_._._.... ......., Ortler: Noo-Ortler Search Doe� RV�1989 00290097 Paqe 9 oi 1! Cre�ted By: Diane Jonnson PrUrted: 2I212016 11:3730 AM PST �� .�i W Cr � � rn r �•� 0 � (aJ �iCs,4. Unleoe othorwioe epocitiaally �ru- vidad in thio k:saemant AgreemenC, all noticee, d�mando or othar communicationo given to Cha Aqency shall bo iti wriCitu�, aod ehall be yent by certified mail, return receipt requc�et;ed, �utago prepaid and addraoa�d au Eolloti+r�, uud �ltiall be cleonwd received enly upon r000ipt ther�f� 1'o Ageqcyi Carloo L� Ortega Bxecutive Uirect�r Palm Uear3rt RodovelopnonC Ayency 73-510 Fred Nariny Arive Yalm Ueoort, CA 9ZZ60 Phonai (760) 346-0611 l+axi (760) 391-6374 To llevoloper� Mr. Timothy R. Hartlett 73-382 iSalt Cedar Street Palm Deeert, CA 921G0 Phonei (760) 776-4341 Fax� t'/60) 779-0714 ld) Si911si,C,L• The uoc+ herein of the neuter gondor ehall include tha mauculiae and the feminine, nnd the eingular number dhall include the plural, whenever the context ao re- quirea. (e) No Third-Party F1� ficj�ries, No peroon eha�l have any enforceablo righte under thia Eaaemont AgreemenC otlier than the partiee heroto and thair eucceseore and aAeigne, notwithstanding any provieiono horeof which contemplate that other yereone may �rxerciF�e cartain privilegea, or any rePerencee herein to the Ooneral public, (f) No Wniver, No waiver by Che Agency of any defuult oE the Developer shall be implied froM any omiesion by tho Agency to take any action in reepect of such default. No expresa waivor of any default ehrzll affect any default or cover any period of time other than the deiault and periai oE timA specified in such exprese waiver, One or more waivere of any default in Che performance oE any term, provieion or covenant contained in thio &a�ement Agreement eliall not ba deemed a waiver of any eubeequent default in the perEormance of the same term, prov:eion or covenant or any other term, provinion or covenant lU 0 , � N � � �, .ci �� i � � . �� ���� � � I � • � � . F-� , � � , � � re� 1 E 4' _--�—.--•�,,..�.—.�=•-:-.r--.�--�—*-- . ,w. .-•-<-.--..��....,...-..,�.-...r-T...-..._ ....�.--..�_...- ._._,__.... . OrOer: Noo-Orda Search Doc' RV:1999 00290097 Pape 10 of 16 Created By Oiane Jolnsan PrvrteC: 2/2/2016 17 �3730 AM PST ;; conCoinod ir� thio BauamenC AyreemenC. Tiie conuent or upproval by tt►e Ago�icy to or of sny acc �r requoet ot ehe l�eveloper requiri�g conaent or approval ehall not be deemed to walve or render unnoceK�ary tho coneent or approval to or of any eubeeyuont r�lmilar ucta or requoel•e. The righca and remediea given tu r.ho Agency by thid F3aBement Agreemont are cumulativo, ancl r�one oP euc:h righCu anci Leme<iiox ohall be axclur�ive o[ any of Ct�e oChard, or of any other riyhl or remedy at law or in equity which the Ayoncy might ot;lierwiae have by virtue oC a dofault undor Cliie Easemant AgreemenC. (g) �otoppel Certiff��,. The I)eveloper covenante that upon receipt of written requoet [rom the Ayoncy, the Developer nhall, within 15 dayo after receipt of auch requeet, give to the Ac�ency or other peraon a�,r.cified by tha A9ency, an estoppel certificate aentings (i) whc�ther the Developer know� of any default by the Developer �nder Chi� BaAemont AgreemenC, aiu3 SP tl►�re are any known defaulto, s�ecifying the nature thereof; (!i) whethar to ite knowledgo any �rovielon of thie Baeement Ayreement hao baen aeoigned, modified �r amended in any wuy (and if it hao, then etating the nature r.hareof)j tiii) that to auch Developer�e knowledge, thie Eaeement Ayreement, a� of the date of tho e�toppel certi[icate, io in full force and effect; and (iv) any other inforn�ation reaeonably required by the Agency. (h) ttot ,� Public i�sl�9�. Nothing heroln con- tained shell be deemed to be a gift or dedication oF the Parking I,ot or any portlon of any part of the Property to thQ c3eneral Public or for the c3eneral Public or f.or any publlc purpose whatsoever, it being the intention oP the partiee to this Ea�ement that the Eaaement r.onveyed pursuant to thia Eciecment Agreement, and any licenee to maintain ehe Parkinq I,ot, et�all be etrictly limited to and tor the purpoeen herein expreeeed. (i) A�endment. Thia Eauement Agreement may be canceled, changed, modlfied in whole or in parC only by the written and recorded agreement executed by the Agency and the Developer at the time of euch amendment or termination. (j) Neg�tion of Partnc��j�, None of the terme or provinion� hereoE ahall be deemed Co create a p�rtnerehip between or among the parties hereto, nor ehall it cause ti�em to � ..� �� �� � � �� jv� ��� ��� i �� �' � 0 C•J � 2 • � �, t �� r � � �� ���� � � i � H � i� � �.�Y.��.....� +����s .M�a-�u' �.v . _. '!'."�rT.���,� �n.�--w.:�:t....r�.��r�r..---r� . -__' �. �� .f!�-_ .�. . Ortler Noo-Ortler Search Doc� RV�1999 00290097 Pape 11 of 11 Created By Diane JoMson PrYqetl: Z/y2016 17:37:70 AM PST J ba r,ousiderc�d joint venCurere, or membur� oE any joir�t enter- nrieo, i�t the oporation oi the Parking TroC or oCherwiee+� (k) (;peire A�reement, Thi� itiatrumenC containe ttw eneire agreement oi the partiea hereto ao to the righte hereir► granted and tho obligutlone harein aHeumed, aitid no oral r�prosentaCion a1te11 be of• any force or effoct. No mociificetion oi thia Bauement Agreemont ehull be of any force or efiQct until �ign@d by tl�o party to be charged� (1) S-ve abilitv, Invalidation of any covenant, condikion, or restricCion or any otl�ar provieiai contained herein or the applicatlon ehoreof to any peraon or entity Ly judgment or court ordur r�hall in no way aEEect any of tho othor aovenanto, condieione, reAerictione, or provinionH horeof, or the appllca- tion Chereof to any ochez pereon or antity, and the eame ehall remain in full force ac�d eEfect. (m) }leadinaa, ThP caption headirtga oE the varioue nectiono attd parayraphu of thie Easement Agreement are '� for convenie�ice arid ldentiflcaeion only and ohall not bo deerned ! to limit, expand or defit�e the contente of the reepective I aectione or paragraphe. (n) �n,�eyn� Eeea, In the event any party hareto et�all commence any action againnt any other party relating to this Eaeement Agreement or for tl�e breach of any obligat.ion contained herc�in, Che prevailing party shall be entitlad to recover from the loning party reaoonable attorneya' feee, expeneQe, and court coeta, i ' � � N � � , . � ,� . . �� , r � �� � � � ���� �� �. � r � -_,.-- . �. _.. _ --_-- . .,._ .. _ ._...��-----,-,�----.�.._.._ . ... Oraec Noo-Ortla Searcn Doc: RV:1999 00290097 Pape 12 of 1� Geated By: Diane JoMson Pnrrted: 212l2016 11-37'70 AM PST ,� � M C � � y I IN WI7'NIiAH WHLIt[dOF' Che partieo hc�reto he►ve execuCed I:hiN fi�r�emeuC Ac�reemenL• ao oE tho doto and yaar firel• above writivn, Ayoncyi , pevelopor� l'ALM DG3LRT RRllL�VRIAPM[iN'1' TIMO'liiY dAlt1'LK'1"!' Ac1BNCY, a public body, corporale atld po1StSU 8Y is�aiG�i¢fC �'y��\ �?� ^�. � Cha i rnwn At t �. � �• � C ' crota � �, , �. � . � , � , � ', �� I �� � � � � � ; ���� �� �. f. 9 ._,�..-�----_ — -- _. .. ._..._ --� --�L--�- OrCer: Noo-OrCer Seach Doc: RV'1999 00290097 Pape 13 of 1♦ Created By Diane Johnon Pnrrted� 2l212016 11.37:70 AM PST 13 ►� H �r � � ��i SCtfCa of Calitornis ConntY oP R �V QY� ���'" / .•)2. �1 } 1 } 19„_r,� ix3fore me, ._._.,-.—.----- � public, personally appoared , -- , rezoonally known to ma A� ev encei� to be the person(a) whoQe namo(�) ie ro ubUcribud to the within inntruineat and acknowledged to ma thaC �he!� ho/thpy exocuted ttie aa in�her/their authorized �pacity(ion), and that by hi�heesiCiCyr�p�n°�hali•�ot which eho innkrumonL• the �erson(al, person(e) aoted, executed the it�etrument. WI'r 'A my hand +snd ofEicial eesl. 8lgnature �?��� (eeal) � ��EGc3v OOA1�M. �I��NER MOT�qyp�p.Cusorw� +nc"w."�°; �;,,, � I ,� � � �. � �, � , , i �� • r � � . �� . � ��� �� � ,. , � � � C � � ... _ ----y._.�---�--- .,...,.. _. _ Order Noo-Ordtt Search Dor RV7999 00290097 P�pe 14 of 74 Geated By: Diane Johnson Pmted- ?/2/2016 11:J7:J0 AM PST RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Memorandum of Disposition and Development Agreement dated July 24, 2006, and recorded on July 9, 2007 as Document No. 2007-0445283 in the official records of Riverside County, California, which Memorandum of Disposition and Development Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibit A attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair 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 before me, , 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) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation � Robert A. Spiegel, Mayor 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 before me, , 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) EXHIBIT A LEGAL DESCRIPTION THE LAND STTUATED IN THE STATB OF CALIFORNIA, COUNT'Y OF RNERSIDE, CITY OF PALM DESERT, DESCRIBED AS F�LL�WS: Lot 17 of Block 1 in Palma Village Unit No. 1 in the Ciry of Palm Desert, County of Riverside, State of Califomia, as per map filed in Book 19, Page 68 and 69, of Maps in the office of the County Recorder of said counry. 72500.00000�21933484.1 � O � � � � � . . . ... ,., . RECORDING REQUESTED HY AND WHEN RECORDED MAIL TO DOC # 2007-0445283 07/08/2007 08:00A Fce:NC Pay� 3 of S R�cordtd in Official R�cords County of Rtvers/d� Larry U. Wa�d Ass�sse�, County Cle�k 3 R�eord�r ( IIIII! INIIII III IIII IIII{III II lIIIIIII NI illll lIII IIlI PALM DESERT REDEVELOPMENT AGENCY 73-510 Fred Waring Drive Palm Desert, California 922b0 Attn.: Ms. Lauri Aylaian S R U PAG IZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF NC E^ T: CTY UNI " � � (Space Above This Line for Recorder's Use) Exempt from recording fees pursuant to Gov. Code Sec. 6103 E RAND M OF DI3 SITI AND DEVELOPMENT GREE T 056 THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT (this "Memoraadum") is dated as of Z`�. �Ji 2006, and is entered into between the PALM DESERT REDEVELOPMENT AGENCY, a p lic body, coiporata and poiitic (the "Agency") and Gregory & Grcgory, LLC, a Limited Liability Company, (the "Developer"}. RECITALS A. Agency and Developer entered into a Disposition and Development Agreement dated ��i �� , 2006, pursuant to which Agency conveyed to Daveloper the property more described in Exhibit "A" ettached hereto and incorporated herein by reference (the "Property"). B, � The Disposition und Dovclopment Agreement, as amended, is hereinafter referred to as the "DDA." C. The DDA contains provisions which specify and restrict the development and use of the Property and impose certain obligations on Developer and its successors and assigns with respect to the development and use of the Property. D. Agency and Developer desire to execute this Memorandum to provide constructive notice to all thud parties of the DDA, NOW, THER.EFORE, Agency and Developer mutually agree as follows: I. DDA. The terms of the DDA are incorporated herein by reference. P640Z10001\877884.2 1 I Order: Non-Order Search Doc: RV:2007 00445283 Page 1 of 5 Created By: Diane Johnson PriMed: 2/2/2016 11:37:47 AM PST 2. Assienmcnt. Except as expressly provided in the unrecorded DDA to the contrary, neither the Property nor Developer's rights and obligations under the DDA shall be transferred, assigned or conveyeci without Agency's prior written consent, which consent may be granted or withheld in Agency's sole and absolute discretion. 3. Successors and Assi�s. Subject to Section 2 above, this Memorandum and the DDA shatl bind and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 4. Governing Law. This Memorandum is governed by California law. 5, Execudon in Counternarts. This Memorandum may be executed in twa or more countcrparts, each of which shall be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHBREOF, the uttdersigned have executed this Memorandum at Palm Desert, California, as of the date first written above. AGENCY: PAL,M DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Nan Tit1E '�� !����r►w:� Z� P6ao2�ooa��s��ssa.z 2 � , DEVELOPER: GREGORY & GREGORY, LLC, a Limited Liability Company . • L. , �-... �.:�..��.� ��k=_��L�■ � � Order Non-Order Search Doc: RV:2007 00445283 Page 2 of 5 Created By: Diane Joh�son PriMed: 2/2/2016 11:37:47 AM PST State of California County of Riverside On `Tu �T_� p_, 200b, before me, (�v��,�, n� C����i, a Notary Public, personally appeared personally known to me (or pmved to me on the besis of satis ctory evidencc) to be thc persoa whose name is subscribed to the within instrument and acla�owtedged to me tiiat he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the inshument. WITNESS my hand and official scal. � � Signatu (seal) GAY LYNN ENRIOUEZ Commisslon x 1368539 � Notory Publlc - Callfornlo � Rfverslde County ' MY Cemm, Explres Jm 2, 2007 P6402\0001\877884.2 3 � Order: Non-Order Search Doc: RV2007 00445283 Page 3 oi 5 Created By: Diane Johnson P�nted: 2l2/2016 11:37:47 AM PST State of Califomia County of Riverside On Jwl� �./. , 2046, before me, _��s�G (r. YYk�6Z� , a Notary Public, personally appeared ����QC.� �i. K%L�S� , personaily known to me (or proved to me on the basis of sarisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the insmiment the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ��� - GRACE [, MENDOU Sl a re C���+K ��8669 gn • Nota�Y Publk - CaNtomla � RfveakJ� CouMy (seal) NM comm. �pra Mor 2, 20� State of California County of Riverside On '-� , 2006, before me, _(ar�.c,L 4�., j�%E'�Y.�OC�* , a Notary Public, personally appeared �tj'Yl L,,t�dYl � personally lrnown to me (or proved to me on the busis of sa ' factory avidence) to be the person whose narpe is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, GRACE L. I�TiD07A Cartxnpsbn M 1643640 Signa re - � �ary �unwc - cdaoma � aww�a. cour�y �S�� t�Av conm. E�ka ti+or Z, Zot P64021000 118 7 7 8 84.2 1 a Order: Non-Order Search Doc: RV:2007 00445283 Page 4 of 5 Created By: Diane Johnson Printed: 2/2/2016 11:37:47 AM PST Ex ibit A to Memorandum of DD,e Le al Descri tion THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM DESERT, DESCRIBED AS FOLLOWS: Lot 17 of Block 1 in Palrna Village Unit No. 1 in the Ciry of Palm Descrt, County of Riverside, State of California, as per map filed in Book 19, Page 68 and 69, of Maps in the of�ice of the County Recorder of said county. P6402\0001\877884.2 5 / Order: Non-Order Search Doc: RV2007 00445283 Page 5 of 5 Created By: Diane Johnson Printed: 2l2J2016 11:37:47 AM PST RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attention: City Clerk's Office [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF PALM DESERT, a municipal corporation, all of its right, title, obligations, and interest in, under, and to that certain Grant of Parking Easement and Covenant Agreement dated April 11, 2002, and recorded on July 11, 2002 as Document No. 2002- 381904 in the official records of Riverside County, California, which Grant of Parking Easement and Covenant Agreement pertains to that certain real property located in the County of Riverside, State of California, more particularly described on Exhibits A and B attached hereto. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2016 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Robert A. Spiegel, Chair 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 before me, , 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 ccrtify 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) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: Robert A. Spiegel, Mayor 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 before me, , 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) EXHIBIT A Le�al Descriation of Proaertv That certain real property located in the County of Riverside, State of Califomia, more particularly described as follows: Lots 22 and 23, MB 023/002 Palm Viilage TR EXHIBIT B Legal Desc�iation of Easement Area That portion of the Property depfcted as the "Easement Area" on the diagram attached hereto. � �� �� . ; �� ��� � :� � � ��� u , � s� � .�-.,. ,..�: � � �� s � . �� . � � ��.� � � . � , � �� . � .� � t � �� � ___�...._._ � �� �' � � �� � �� a � C � � w ; . � ,� RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: Clhl CI@MC'S OffICA City of Palm Desert 73-510 Fred Waring Dr�ve Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT - NO FEE - 6103 OF THE GOVT. CODE DOC q 2002�381904 e7i:iizees ea:eea �..;Mc Record�dRln�Offtala! R��r� CountY Ot Rlver�ld� Ass���e� ��y L• Orw , County Cl�rk i Rtoe�d�r 11111111 11�11� ��1� Ill�� 11�11111 «111�11� 1lll M S U ►A6E C2E DA PCOR NOCOR tMM ; M/C. —�— — — I A R L C01W LOMo RFJUND NGq (7WA � � YS Recording Requested for Certificate of Acceptance to Richards Watson & Gershon Grant of Parking Easement and Covenant Agreemen# (Title of Document) Order: Non-Order Search Doc: RV:2002 00381904 Page 1 oi 13 Created By: Diane Johnson Primed: 212/2016 11 37:33 AM PST ., Contract No. �ao9a RECORDING REQUESTED BY AND WHEN RECORDED MAIL T�: Richards Watson & Gershon 355 South Grand Avenue, 40'" Floar Los Angelss, Califomia 90071-3101 Attn: Jim G. Grayson, Esq. (Space above fhfs !!r, ��� ������� �■������� �e���oeee GRANT OF PARKING EASEMENT AND COVENANT AGREEMENT THIS GRANT OF PARKING EASEMENT AND COVENANT AGREEMENT (this "Agreement"} is made as of April 11 � 2002 by and between the JOHN F. KENNEDY MEMORIAL FOUNDATION, a non-profit organization ("Owne�') and the PALM DESERT REDEVELOPMENT AGENCY (the yAgency"), with reference to the following recitals: gECIT�S_ A. Owner is the fee owner of that certain parcel of real property located in the County of Riverside� State of Califomia, oommonly known as 73555 San Gorgonio Way, Palm Dese�t, Califomia, which real property is more particulariy described on Exhibit A attact�ed hereto (the "Property"). B. The Agency wishes to acquire from Owner and the Owner wishes to grant the Agency a non-excluslve easement over a portion of the Property more particularly described on Exhfbit B attached hereto (the °Easement Area") for public vehicula� parking purpases. C. The Agency and Owner desire to establish and create a parking easement and an operating covenant affecting the Property as set forth herein. AGREEMENT: NOW, THEREFORE, fn consideration of the mutual covenants and agreements set forth herein and other valuable conside�ation, the receipt af which are hereby acknowledged, the recefpt of which are hereby acknowledged, the Agency and Owner hereby agree as follows. 1. Grant of Easement. Subject ta the terms and conditions of this Agreemen#, Owner hereby grants to Agency a non-exclusive easement in gross (the 687272,2 IIIIU I�III IIIII IIII IIII ihIIIII IIIII IV IIIfI 1III II1I e� �A ��eeA :� Order: Non-Order Search Doc: RV:2002 00381904 Page 2 of 13 Created By: Diane Johnson Primed: 2/2I2016 11:37:33 AM PST Contract No. R20090 "Parlcing Easement") for ingress, eg�ess and vehicufar parking in, over, and through the Easement Area, at all times in accordance with terms of this Agreement. � 2. Use of Easement Riqhts. � ¢ ��� N �I M N " n 0 � = — = � � — � .� � � � ...... � � 2.1 General. The Easement Area may be utilized by the Agency and the general public (collectively, the "Benefited Parties") in any lawful manner for the purposes for which the Parking Easement is granted herein, provided that no portion of the Easement Area shall be used In a manner which unreasonably interteres with the Owners use and enJoyment of the Property. The use of the Easement Area by the Benefited Parties shalt be subject to any ruies and regulations as may be established by Owner and approved by the Agency. 2,2 Riqhts of Property Owner. Owner shall have the right to use the Parking Easement Area fo� pedestrian and vehlcular ingress and egress and for vehlcular parking in any lawful manner which is not incansistent with� and does not unreasonably interfere with the use of the Pa�icing Easement by the Benefited Parties. 3. LVlaintenance of the Easement Area, 3.1 Maintenance and Repairs. Owner shall have the obligation to maintain the Easement Area in good condition and repair. 3.2 Contributlon to Maintenance and Re�air Expenses. Costs and expenses attributable to the maintenance, repair, renovation or replacement of the Easement Area or any improvements thereon shall be bome solely by Owner and the Agency shall have no obiigation or Ifability (n connection therewith. 4. Liabilities: Release and Indemnification: Pro�erty Taxes; Insurance. 4.1 'j�labilitle�. As between Owner and Agency, �nrner shall be liable for all personal inju�ies and property damages occumng in, upon or about the Easement Area. 4.2 Release and Inderrinification. Owner, for itself and on behalf of the insurer under each pollcy of property insurance carried by Owner, shall release, indemn'rfy� defend, protect and hold harmtess the Agency, and Agency's, representatives, agents, successors and assigns (collectively, the "Agency Indemn(tess"} from and agalnst any and aA claims, notices, demands, rights of action and causes of action (collectively, "Claims") asserted against any of the Agency Indemnitees, and all costs and expenses {InGuding, without Ilmitation, reasonab{e �ttomeys' fees and court costs)� charges, damages, fines, penalties, awards, judgments, assessments, Uabilities, and losses (collectively, "Damages") suffered or Incurred by any of the Agency Indemnitees in connection with, ansing out of or othervvise in any way related to: (i) the use of the Easement Area and the Property by Owner or any other party; {ii) any Claim ar Damage ansing out of or related to the entry upon, or the maintenance or and repair of, any po�tion Easement Area and the Property by Owner or any other party; (iii) the breach by Owner of, or the failure of Owner to 687272.2 • 2 - Order: Non-Order Search Doc: RV:2002 00381904 Page 3 of 13 Created By: Diane Johnson Printed: 2/21201 6 1 1:37:33 AM PST Contract No. R20090 perform, satisfy or comply with, the terms and conditions of this Agreement, �nd (iv) any Cfaims with respect to Ilability for any injury to any person or damage to property occurring in, on, or about the Driveway Easement Area a� the Propetty. 4.3 Proaertv Taxes. Owner shall pay prior to delinquency all real property taxes and assessments which may be levied or assessed against the Easement Area and the Property. The Agency shall have na obligatian to pay or contribute any funds for the payment of such taxes or assessments. 4.4 Insurance. Owner, at its own expense, shall obtain and keep fn effect a policy or policies of bodily injury and property damage insurance insuring against any liability arising out of the ownership� use, occupancy or malntenance of Easement Area and the Property. Such liability insurance shaN be in an amount as �easonably maintained by owners of property similar to the Property in Southem Califomia. Owner. at its own expense, shall obtain and keep in effect a policy or policies of insurance covering loss or damage to the Property and the improvemsnts thereon against all perils included within the dassi�cation of fire, extended coverage, vandalism, malicious mischlef and special extended perils (al! risk). Such property insurance shall be in an amount as reasonably maintained by owners of property and fmprovements slmilar to the Property and the improvements thereon. At the Agency's request, Owner shall cause the Agency to be added as an additional insursd under the insurance policies required under this Section. Owner hereby indemnffies and holds the Agency harmless from and agafnst all costs, damages� ctaims and expenses which may be incuRed by or brought against the Agency as the result of Owner's failure to obtain and maintain in effect the insurance policies required under this Section. Owner shall obtain contractual liability insurance to cover its obligations unde� this indemnificatiort. 4.5 Rights to Recover. In the event that Owner or Agency defauft and fail to perfor►n any of their respective obligations under this Agreement, elther party shall, In addition to ali other rights and remedies available at law or in equity, have the right to recover from the other all costs reasonably incurred by such party in eniarcing the payment and/or perfonnance of the other party's obligations (including, wlthout Ilmitatian, reasonable attomeys' fees and expenses). 5. Operation of Business on the Propertv. Owner, on behal# of Itself and any future owner of the Property� hereby covenants and agrees that at all times after the date of this Agreement the Property and the improvements thereon shall only be used to operate a health care clinic serving needy families in the Palm Desert area who utilize State services for hsalthcare by providing obstetria services ta pregnant women, pediatric care to children, and other soclal services. 6. Consideration. As consideration for the Parking Easement and the other obligations of Owner under this Agreement, upon the recordation af thls Agreement in the Official Records of Riverside County, Califomia, the Agency shall pay Owner the sum of Three Hundred Thousand Dollars {$300,000.00). 1 I����I �II��I �'ll� �III IIII lilll��l IIII) III �IIII IIII I��I e7 200 4 3�2190400A 68�272.2 - 3 - Order: Non-Order Search Doc: RV2002 00381904 Page 4 oi 13 Created By� Diane Johnson Prirrted: 2/2/2016 11'37:33 AM PST Contract No. R20090 7, Further Assurances. At any time and from time to time, Owner and Age�cy shall, wfthout further conside�atfon, In a timely manner, execute and deliver such instruments and documents and take such other actions as may be reasonably requested by the other party to carry out the purpose and intent of this Agreement. 8, Covenants Running with the Land. The agreements, oovenants and restrictions set forth in this Agreement are oovenants which run with the Covered Land within the meaning of Section 146$ of the Califomia Civil Code. The benefits of all agreements, coven�nts gnd restrictions contained fn this Agreement will Inure to Owner and Agency and shal! beneflt their respective successors and assigns, The burden of the ag�eements, covenants and restrictions oontained in this Agreement wil! be binding on Owner and Agency and shall burden the Prope�ty. 9. Transfers of the Proaefir. Upon any trens%r or conveyance of the Property, #he rights and obligations of Owner under this Agreement shall be deemed assigned� transfened or conveyed to the subject transferee ar grantee. Concurren�y with such transfer or conveyance, this Agreement shall be deemed assumed effective as of the date �f such transfe� or conveyance. 10. Miscellaneous. 10.4 Notices. All notices and communications ("Notices") required or peRnitted to be given under this Agreement shali be {n writing and may be sent in the folfowing manner: (a) by personal delivery, (b) by mail, or (c) by ovemight courier service, for next business day delivery. All Notices shafl be deemed given and dellvered as foltows: (i) if sent by personal delivery, when delfvered to the address of the receiving party� (ii) if sent by mail, three (3) business days after deposit of the Notice in the United States maif, postage prepaid, with retum recelpt requested, addressed to the receiving party, and (lii) !f sent by ovemlght courier service, one (1) business day aher depasit of such Notice with such courier service add�essed to the receiving party. The proper addresses for Owner and Agency for purposes of giving Notices pursuant to this Section shall be the addresses set forth next to their respective signatures on this Agreement. 10.2 Successors. This Agreement, including, without limitation, the easements granted and the covenants mada herein, generally shall be binding upon and inu�e to the benefit of Owner and Agency, thelr respective successors In Interest (by sale, merger, consolidation or othervvise), assigns, and all other persons acquiring the Property. All references herein to "Owne�' and "Agency" shalf also refer to the respective successors and asslgns af said parties. 1�.3 Severabilitv. If any provislon of this Agreement shall be he4d to be invalid or unenforceable� the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. 10.4 Entire Aareement. This Agreement contains the enti�e agreement between the parties relating to the rights herein granted and obligations herein created I Illlll IlIIII Illll llil IIlI Illlllfl IIIII III Illli IIII IIII B7 �� ��ae4BBA ba�z�s.2 - 4 - Order: Non-Order Search Doc: RV:2002 00381904 Page 5 of 13 Created By: Diane Johnson PriMed: 2/2l2016 11:37:33 AM PST Contract No. R20090 and replaces and supersedes alf prior gnd contemporaneous written or oral agreements and understandings, ff any� between the paRies with respect to the subject matter hereof. No modification or amendme�t hereof shal! be of any foroe and effect unless in writing and signed by ail parties constituting Owner and Agency snd recorded in the Official RecorcJs of Riverside County� Califomia. 10.5 Construction of Agreement. The language in all parts of this Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the partles hereto. The subject headings in this Agreement are solely for the convenlence of the parties and are not a pa�t of this Agreement. All Exhibits �eferenced he�ein are incorporated herein by this reference. This Agreement shali not be construed to creat� an assocfatlon, joint venture or pa�tnership relatlonship between Ownar and Agency or ta impose upon either party any flduciary, tn�st or agency obligation o� relationship. � 10.6 �lo Public Declaration. The easements hereby created a�e not public easements, but are permanent, p�ivate easements for the use and benefit of the Agency. The easements hereby created are not intended to, nor shall they be construed as, creating any dedicativn to� or any right in or for the benefit of, the general public. 10.7 GqYeming Law. This Agreement shall be govemed by, and constnaed in accordance with, the faws of the State of Californla without giving effect to the choice of law rules and princip{es of said state. 10.8 Attomevs' Fees. In the event of any controversy, claim or dispute arising out of or �elating to this Agreement or any breach thereof. the prevailing party shall be entitled to recover from the other party reasonable expenses resulting irom the controversy, clalm, dlspute or breach, including, but not limited to, reasonable attomeys' fees and costs. 10.9 Esto��els_. Owner and Agency shall, within thirty {30) days afte� request from the other� execute and deliver an estoppel certificate certifying to such other party and its prospective lenders, purchasers or investors, (i) whether this Agreement is in full force and effect and unmodified (o� setting forth any modifications), (ii) whether, to the knowledge of the certifying party, there Is an u�cured default currenUy continuing by the other party and whe#her, to the knowledge of the certifying party, there are circumstances which, with the passage of time o� the giving of notice or both, would constitute a default by the other party hereunder, and (ii() such other facts as may t�e reasonably requested by the othe� party. 10.10 Remedies Cumulative: Waiver. All of the rights and �emedies permitted or available to either party under this Agreement or at law or in equity shall be cumulative and not altemative, and invocation of any such right or remedy shail not constitute a walver or electfon of remedies with respect to any other permitted or avaiiable right or remedy. No waiver shall be valid unless in writing and signed by the party to be charged, and then only to the extent therein specified. It is fu►ther agreed I II�III IIIIII I�II! �III IIII IIIIIIII IIII) III �IIII IIII I�II e� ��s� se4eeR 687272.2 - 5 — Order: Non-Order Search Doc: RV:2002 0038190d Page 6 of 13 Created By: Diane Johnson Printed: 2l212016 11:37:33 AM PST . Contract No. R20090 � 4 � � �w � @ O 0 �n � n m �/ .� � � � .r.. � � � � .� � — � ...... � that no waiver of any right or �emedy he�eunder shall constitute a continuing waiver, nor a walver of any other similar or subsequent claim or right. 10.11 Countemarts. This Agreement may be executed in one or more counterparts, each of which counterparts shall, for ail purposes, be deemed an originat and a11 such counterparts, taken together. shall constitute o�e and the same instrument. 1N WITNESS WHEREOF� the parties have executed this Agreement as of the date first above written. Owner: JOHN F. KENNEDY MEMORIAL FOUNDATION, a �, gy; t� , � -=--P�em �Ol4v� ���4�FIr�y . Tit�e: �xe�(,�,� �Uf. jfPc�v�' Address for Notice Pumoses Attn: Owner: PALM DESERT REDEVELOPMENT AGENCY, a publi oci�r� orpor e nd politic By: Name: Richard S. Kelly Title: Chairman Address for Notice Purooses 73-51 Q Fred Wa�ing O�ive 687272.2 Palm Desert,^C�lifomia 92260 -1� �i-, Attn: Da�iB ;1��1g '' A,irector of Redevelopment �• �'� : � , • �: •� � �•� : �, :� , A :, . • o � Sheil"a►;,;G11fig , Se, ary ',�:a��'�o, � �t:.-;••': ,. •�....• .. ii;• .;. . . ;�,-'•:6� Order' Non-Order Search Doc: RV:2002 00381904 Page 7 of 13 Created By: Diane Johnson Prirrted: 2/2/2016 11:37:33 AM PST Contract No. R20090 ACKNOWLEDGMENTS STATE OF F ) ) ss. COUNT`( 4F �� ti1-;iZSi�i�t=_ } On 1� S�, 200i; before me, the undersigned, a Notar�r ublic in and for said County nd State, personally appeared ��n�.,^ �ie<. , or proved o me on the basis of sattsfactory evfdence) to be the person(,�in+hose name is/ subscribed to the within i strument and acknowleciged to me that t executed the same in i authorized capac.ity(i�; and that by is 6e�r signature(.b�on the instrument the psrson , or the entity upon behalt of w�ch the person{�acted, executed the within instrum nt. (Seal} �OFFICUU- SEAL """ ANGELA C. H�NDEFiSON � NOTCOMM.�N0.1�194326 U�, & RIVERSIDE C�UNTY MY C4Mi�A. EXP. AIlG. 6, 2002 STATE OF COUNTY OF WIT ESS hand an iflcial s al. � otary Public ss. On , 200_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me {or proved to me on the basis of satisiactory evidence} to be the person(s) wiiose name(s)�is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heNtheir authorized capacity{ies), and that by his/he�/their sfgnatu�e(s) on the instrument the person(s), or the entity upon behalf o# which the person(s) acted, executed the within instrument. (Seal) W ITNESS my hand and official seal. 687272.2 Notary Pubfic IIIIII IIIIII IIIII IIII IIII IIIIIIlI IIIII III 1IIII IIII IIII a�26A e� ee�eea Order: Non-Order Search Doc: RV2002 0038190A Page 8 of 13 Created By: Diane Johnson Printed: 2!2l2016 11:37:33 AM PST Contract No. R20090 EXHIBIT A Le�ai Descriotion of Prooertv That certain real property located in the County of Riverside, State of California. more particularly described as follows: Lots 22 and 23, MB 023/002 Palm Village TR 687272,2 I Illlll IINII Illfl Ilil IIII f11111� IIIII III IIIII IIII IIII B7 �� 8 8`�4� Order Non-Order Search Doc: RV2002 00381904 Page 9 of 13 Created By: Diane Johnson Printed: 2/2/201 6 1 1:37:33 AM PST Contract No. R20090 EXHIBIT B Legal Desc�iatlon of Easement Area That portion of the Property depfcted as the "Easement Area" on the diagram attached hereto. 687272'2 ����III �II�I� ��II� �III �I� �IIIIIII IIII� (II IIII�I I�I III� e�i� z�*ee 3� Order Non-Order Search Doc: RV2002 00381904 Page 10 of 13 Created By: Diane Johnson Printed: 2/2/2016 11:37:33 AM PST _ . Contract No. R20090 , � �� �� � � �� � ;�� � i �� � w L � � �� � . � � S � � . �:� ��� � � � _, ,. � "'� �� . � � . � �� � � � � � .�... „ . ' �-�----....�.,. � l�.r .r � ��.�ti4.�.�� � i _•"�r . ' �vr....._ _ , � � ' ' �++. �,. Q, �I � `�_ . .. � �' '• � t!i Y • _ \ � , ; � m ��M ��� W�� M (�.1 � ; n m �� r� � 1�� � � � � � � � � r � � � � � � � Order: Non-Order Search Doc: RV:2002 00381904 Page 11 of 13 Created By: Diane Johnson Printed: 2/2/2016 11:37:33 AM PST Pfll�l DESERi RfD�VEIOP(��N� AGENCY 7i—S�o Fxt:n Wnitirvc: I)xivi; Pn�.A+ [)xsrH•r, CALIPOKNIA qzz(,o—�57H TF:1.: �Gq 34G—oC t � r•nx: �Go .;4 �-6371 i�ifn'n �ulm-dr�ore.ncp Lots 22 and 23 MB 023/002 Palm Village TR EXHIBIT CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant of Parkin� Easement and Covenant Agreement dated April 11, 2002, from the JOHN F. KENNEDY MEMORIAL FOUNDATION, A NON-PROFIT ORGANIZATION, to the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the PALM DESERT REDEVEL�PMENT AGENCY pursuant to the suthority conferred by the Palm Desert Redevelopment Agency, by Minute Motion, at its regular meeting of April 11, 2002. � RI HARD S, KELLY, CHAI AN PALM DESERT REOEVELOPM NT AGENCY June 7, 2002 I I��III IIIIII �IIII III� IIII �II�IIII II��1 III I�I��I I1) IIII e� ��i �r��iseeR :: .�.�.00.,,�.���o,.,,, Order: Non-Order Search Doc: RV:2002 00381904 Page 12 of 13 Created By: Diane Johnson Primed: 2/2/2016 11:37:33 AM PST State of California } � } ss. County of RIVERSIDE } On , 204 •?, before me, RACHELLE D. KLASSEN, a Notary Public, pe ally appeared RICHARD S. KELLY, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. WITNESS my hand and official seal. FiACHF1IE D. IaJ18S0i1 Commh�ion / 1�W6�2 Ndary Pub1iC • CalMati� Rlr�sfd� Cwnq fyCtxrm.E�MesJunl� � Signature (seal) —OPTIONAL— DESCRIPTIDN OF ATTACHED DOCUMENT: Certlflcate of Acceptance - Grant of Parking Easement and Covenant Agreement - John F, Kennedy Memorial Foundation {Lots 22 and 23, MB 023l002 Palm Village TR) to Palm Desert Redeveloament Agency (TlTLE OR TYPE OF DOCUMENT� 10 (NUMBER OF PAGES) ril t1. 2002 (DATE OF DOCUMENT) John Shi�lds. Sheila R. Gilligan (510NER(S) OTHER THAN NAMED ABOVE) I IIIlII lllfll Illll IIII IIII IIIIIiII IIIIi II� 111111111 �III Order: Non-Order Search Doc: RV:2002 00381904 Pape 13 of 13 Created By: Dlane Johnson PriMed: 2/2/2016 11:37:33 AM PST Z992-� 1994 9�� � ��26ez 69 � 9eR 13 of 13 ACKNOWLEDGEM�NT 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, , 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) CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Palm Desert by that certain Quitclaim Deed dated , 2016, executed by the Successor Agency to the Palm Desert Redevelopment Agency is hereby accepted by the undersigned officer on behalf of the City of Palm Desert pursuant to the action taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency meeting held on , 2016, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF PALM DESERT, a municipal corporation By: Robert A. Spiegel, Mayor 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 before me, , 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 PGNALTY 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) EXHIBIT A LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 25875, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 163, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 72 � 00. 00000`,2 I 93 3 484 .1 , ".� �� ��C # 2@07-022i955 04/04/2007 08:00A Fe�:NC Paqe i of 1s Record�d in Offictel Records County of Rive�slde la�ry W. Ward Asse9sor, County Clerk 6 Reeorder i IIIIII Ilillli Iilil IIII IIIIII ifl IIIIIII III IIIII iill 1111 �T�WAR�j �Tt"tLE R�vers�:�'a RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Lauri Aylaian Recording Fee: � T 037 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 428 PCOR NCOR SMF NCHG �M Exempt pursuant to California Government Code Sections 6103 and 27383 EASEMENT AGREEMENT l (� � O � � � T is Easement Agreement is made and entered into as of the �� day of , 2007, by and among the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"); the CITY OF PALM DESERT, a municipal corporation (the "City"); and CULTRARO GROUP, a California Limited Liability Company, dba LA SPIGA, a corporation organized and existing under the laws of the State of California ("La Spiga"). The Agency, the City and La Spiga agree as follows: RECITALS A. The Agency is the owner of that certain real property located in the City of Palm Desert, County of Riverside, State of California, described in Attachment 1 attached hereto and incorporated herein by this reference (the "Agency Property"). B. Agency and La Spiga are parties to that certain Disposition and Development Agreement dated as of May 12, 2006, the "DDA"), pursuant to which DDA La Spiga purchased from the Agency certain real property located adjacent to the Agency Property (the "La Spiga Property") and agreed to construct certain improvements on the La Spiga Property, as set forth more specifically therein. C. Agency has created a public parking area on the Agency Property, which area is depicted in Attachment 2 attached hereto and incorporated herein by this reference (the "Easement Area") (the Easement Area also being referred to herein as the "Parking Lot Site"). . � '� D. Agency desires to convey a perpetual non-exclusive easement to La Spiga for the purposes of vehicular and pedestrian ingress, egress and access to, and parking on, the Parking Lot Site by the customers and employees of the business operated by La Spiga on the La Spiga Property. La Spiga acknowledges and understands that the Parking Lot Site shall also be used for these pu►poses by others, including but not limited to visitors to the Eric Johnson Memoriaf Gardens and the Palm Desert Visitor Information Center, the Henderson Community Building, Cuistot Restaurant, and the public at large. NOW THEREFORE, in consideration of the mutual covenants and easements contained herein, the parties hereto agree as follows: 1. Definition of Terms. "Agency" means the Palm Desert Redevelopment Agency and any assignee of, or successor to, its rights, powers and responsibilities. The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the California Community Redevelopment Law. "Agency Property" means the real property described in Attachment 1 hereto. "City" means the City of Palm Desert, County af Riverside, State of California. "La Spiga" means those individuals or entities owning in fee or ho{ding {easehold interests in the La Spiga Property. "Easement" means the Easement described in Section 2 of this Easement Agreement. "Easement Area" means those portions of the Agency Property subject ta the Easement, as described in Attachment 2. "General Public" means the public generally, including but not limited to visitors to and customers of the business operated by the La Spiga on the La Spiga Property. "Parking Lot" means the public parking lot to be developed and operated on the Parking Lot Site as specified herein. "Parking Lot Site" means the Easement Area, as shown on Attachment 2, attached hereto and incorporated by reference herein. "Project Area" means the area of the City subject to the Redevelopment Plan. The exact boundaries of the Project Area are specifically described in the Redevelopment Plan. "Redeve{opment Plan" means the Redevefopment Plan for Project Area 1, approved and adopted by the City Council of the City by Ordinance No. 80 on July 16, 1975. 2 ~ �� � "Site Map" means the map attached hereto as Attachment 3 and incorporated herein by this reference. 2. Easement. The Agency hereby establishes and grants to La Spiga a perpetual, non-exclusive easement in, to, over and across the Easement Area for the purpose of allowing the use of the Parking Lot by La Spiga, its employees and customers, and the General Public for the purpose of the pedestrian and vehicular ingress, egress, access and parking of passenger vehicies, as described in further detail below (the "Easement"). The Easement shall be an appurtenant easement, and shall burden the Easement Area for the benefit of the La Spiga Property and to provide adequate parking for the public at large. 3. Reservation oi Riqhts. a. Subject to the Easement and the terms and provisions of the DDA, the Agency retains the right to use, develop, and maintain the Agency Property, provided that Agency's use of the Agency Property shall not materially interfere with the use of the easement rights granted herein to La Spiga. b. The Agency hereby reserves the right to temporarily close all or any portion of the Parking Lot as the Agency deems legally necessary and sufficient in order to prevent the dedication thereof or an accrual of any rights in any particular person or the public generally. c. The Agency hereby reserves the right to institute reasonable, non- discriminatory rules and regulations for the use of the Parking Lot Site and aperation of the Parking Lot in order to ensure the free flow of traffic throughout the Parking Lot. The Agency shall not permit the Parking Lot Site to be used in a manner which would interfere with the free flow oi vehicular and pedest�ian traffic throughout the Parking lot. 4. Permitted Uses. The parties agree that the Parking Lot Site shall be used only for the following purposes and for no other purposes whatsoever, unless all parties hereto agree otherwise in writing: a. Pedestrian and vehicular ingress, egress, access, and vehicular parking by the General Public. Parking shall be permitted only in designated parking stalls, and La Spiga shall be entitled to use no more than sixty (60) parking spaces. No portion of the Parking Lot Site shall be used for the repair or storage of vehicles; b. The temporary use (including erection of ladders, scaffolding and building wall barricades) during periods of construction, remodeling or repair, far ingress and egress for vehicles transporting materials and equipment and the use thereof by canstruction equipment; provided, however, all such construction, remodeling or repair of buildings and building appurtenances shall diligently be performed, and any such ladders, scaffolding and barricades shall promptly be removed upon completion of such work; 3 ; � c. The maintenance and repair (with replacement, if necessary) of parking sites or stalls, sidewalks, ramps, driveways, lanes, curbs, gutters, traffic cont�ol areas, signals, traffic islands, traffic and parking lighting facilities, planters, planting baxes, edgers, sprinklers, valves, and landsca.pe shrubbery; d. The installation, maintenance and operation of public utility services and appu�tenances necessary for servicing the improvements on the Agency Properry, all of which shall be located below the surface of the finished paving or above ground improvements. 5. Walls, Fences, and Barriers. The Agency shall not plani trees or other faliage or erect any walls, fences, or other barriers on the Pa�king Lot Site which prevent or materially impair the use or exercise of the Easement. 6. Maintenance. a. Agency shall, at the collective cost and expense of La Spiga, Agency and all other owners of the parcels within the Agency Property, on a pro rata basis based upon the number of parking spaces required for each occupant of the Agency Property divided by the total number of parking spaces in the Parking Lot Site, through the payment of common area maintenance charges as required under and pursuant to Section 5.1.2 of the DDA, at all times following and including the Agency's initial construction of the Parking Lot, perform, or cause to be performed, such maintenance as needed to keep the Parking Lot clean and in good condition and repair. Such maintenance shall include, but not be limited to the following: (1) Maintaining the surfaces in a smooth and evenly covered condition with the type of surfacing material originally installed, or such substitute as shall in all respects be equal or superior to them in quality, use, and durability; (2) Removing al{ standing water, papers, debris, filth, and refuse, and thoroughly sweeping the paved areas, to the extent reasonably necessary to keep the paved areas in a clean and orderly condition; (3) Maintaining such appropriate parking area entrance, exit, and directional signs, markers and lights in the manner they are currently being maintained; (4) Repainting striping, markers, directional signs, etc., as necessary to maintain them in a first-class condition; (5) Paying all e{ectrical, water, and other utifity charges or fees; (6) Maintaining and repairing all storm drains and sewers, and all electrical, water, and other utility lines or systems which are used in whole or in part to provide services to the Parking Lot or which are necessary for the operation of the Parking Lot; 4 ylirr � (7) Operating, keeping in repair, and replacing when necessary, such parking lot lighting facilities as are reasonably required; (8) Obtaining and maintaining in full force and effect commercial general liability insurance and othe� insurance in accordance with the provisions of Section 7 of this Easement Agreement; and (9) Maintaining afl landscaping in a heafthy, first class condition, including weeding, trimming, gardening, replacing shrubs and other landscaping, and watering, including repairing automatic sprinkler systems or water lines. La Spiga shall be responsible for a pro-rata share af the cost of such maintenance expenses in accordance with the DDA. 7. Insurance. The Agency hereby represents and warrants that it is self insured via its participation in a Ca{ifornia joint powers insurance authority in the aggregate limit of Fifty Million Dollars ($50,000,000.00). La Spiga acknowledges and agrees that, as of the date of this Easement Agreement, La Spiga has received from the Agency a certificate of insurance evidencing such coverage. La Spiga, Agency and all other owners of the parcels within the Agency Property, an a pro rata basis based upon the number of parking spaces required for each such respective party divided by the total number of parking spaces in the Parking Lot Site (i.e., on the same basis that Common Area Expenses are to be allocated pursuant to the DDA), shall collectively pay the sum of Five Hundred Dollars ($500.04) on an annual basis in order to cover the administrative overhead and management costs of insuring the Parking Lot Site. In the event that the Agency is no longer self insured, or the amount of such self-insurance falls below Three Million Dollars ($3,000,000.00}, the Agency shall, within thirty (30) days, purchase and maintain as a Common Area Expense, a policy of commercial general liability insurance with coverage in an amount of at {east Three MiNion Do{lars ($3,000,00�.00). 8. Indemnification. a. Except as provided herein to the contrary, and except to the extent of the negligent ar intentional acts or omissions of Agency or its employees, contractors or agents, or the breach of or default under this Easement Ag�eement or the DDA by the Agency, La Spiga shall indemnify, detend, protect, and hold harmless the Agency from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs and expenses, (including attorneys' fees) arising from or in connection with, or caused by {i) any negligent or intentionai act or omission of La Spiga or any lessee, sublessee, licensee, concessionaire, contractor, licensee, agent, servant or employee thereof (collectively, "Users"), wheresoever the same may occur, including, without limitation, in connection with any use of the Parking Lot, or any accident, injury, death or damage to any person or property occurring in, on or about the Parking Lot, or any part thereof, vr from the canduct of La Spiga's or its Users' businesses or from any activity, work or thing done, permitted or suffered by La Spiga or its Users in or about the Parking l.ot Site or elsewhere; and/or (ii) any breach or default in the performance of � ,� , � �✓ any obligations on La Spiga's part to be performed under the terms of this Easement Agreement or the DDA, or arising from any negligence of La Spiga, ar any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the Agency by reason of any such claim, La Spiga, upon notice from the Agency, shall defend the same at La Spiga's expense by counsel reasonably satisfactory to the Agency. La Spiga, as a material part of the consideration to the Agency, hereby assumes all risk, vis-�-vis the Agency, of damage to property or injury to persons in, upon or about the Parking Lot Site arising from any cause other than the Agency's negligence or intentional acts or breach of or default under this Easement Agreement or the DDA, and La Spiga hereby waives all claims in respect thereof against the Agency. These provisions are in addition to, and not in lieu of, the insurance required to be provided by Section 7 hereof, and the insurance requirements of Section 7 sha11 not serve to iimit La Spiga's liability under this Section 8 in any manner. Nothing contained herein shall limit La Spiga's rights of contribution from any other third party on account of damages arising from such third party's negligence or breach of any other agreement between such third party and the Agency. b. Exemption of the Aqencv and the Citv from Liabilitv. Except to the extent of the negligent or intentianal acts or omissions of Agency or its emplayees, contractors or agents, or the breach of or default under this Easement Agreement or the DDA by the Agency, La Spiga hereby assumes all risks and liabilities of a landowner in the possession, use or operation of the Parking Lot Site, vis-a-vis the Agency. Except as provided herein or in the DDA to the contrary, and except to the extent of the negligent or intentional acts or omissions of Agency or its employees, contractors or agents, or the breach of or default under this Easement Agreement or the DDA by the Agency, La Spiga, on behalf of itself and its lessees, sublessees, licensees, concessionaires or contractors, hereby agrees that the Agency and the Ciry shall not be liable for injury to La Spiga's business or its lessees', sublessees', licensees', concessionaires' or contractors' businesses or any loss of income therefrom or for damage to the goods, wares, merchandise o� other property of La Spiga or its Users, or any other person in or about the Parking Lot Site, including any liability arising from the physical condition of the Parking Lot Site or the presence of any hazardous or toxic materials or substances on the Parking Lot Site, nor shall the Agency or the City be ►iable for injury to the person of La Spiga, or its Users, whethe� such damage or injury is caused by or results from hazardous or toxic materials or substances, fire, steam, electricity, gas, water, or rain, or from the breakage, leakage, abstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Parking Lot Site or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to La Spiga. Nothing contained herein shall be construed as excusing the Agency or the City, however, from liability for the Agency's or the City's negligence or intentional misconduct or breach of or default under this Easement Agreement or the DDA. 0 .) _ c. Agencv Liabilitv. The Agency hereby agress to indemnify, defend, protect, and hold harmless La Spiga from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs and expenses, (including attorneys' fees) arising from or in connection with the Agency's construction of any improvements on the Parking Lot, and any breach or default in the pertormance of any ob{igations on the Agency's part to be performed under the terms of this Easement Agreement, or arising from any negligence of the Agency, or any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against La Spiga by reason of any such claim, the Agency shall, upon notice from La Spiga, defend the same at the Agency's expense by counsel reasonably satisfactory to La Spiga. 9. Non-Discrimination Provision. The Agency covenants and agrees for itself, its successors, assigns and every successor in interest to the portion of the Agency Property encumbered by the Easement, or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, creed, national origin, ancestry, physical handicap, medical condition, age, marital status, or sex in the sale, lease, sublease, transfer, use, accupancy, tenure or enjoyment of the Parking Lot Site, nor shall the Agency itself, or any person claiming under or through it, estabiish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Parking Lot Site. 10. Enforcement. a. In the event of La Spiga's default or breach in the performance of any of the obligations or agreements herein, and after written notice giving La Spiga ten (10) days in which to cure such default, the Agency or the City, or both of them, shall have the right, but nat the obligation, to cure such default for the account and at the expense of La Spiga, and the Agency or the City, or both of them, shall have the right to recover from La Spiga all damages, and all costs and other sums expended in connection therewith, including reasonable attorneys' fees, plus interest thereon at the maximum lega{ rate permitted to be charged by non-exempt lenders under the iaws of the State of California, and the Agency or the City, as the case may be, may impose a lien upon the La Spiga Property (including the improvements thereon). Such lien may be imposed by (i) serving written notice upon La Spiga, which notice shall contain a representation of non-compliance with the provisions of this Section, an explanation as to the nature of the particular obligation, and a description of the La Spiga Property, and (ii) by duly recording a copy of such notice in the Official Records of Riverside County, Califarnia. The priority of such {ien shaN be determined as of the date of filing the same of record; provided, however, any such lien shall nevertheless be subject and subordinate to the lien of any mortgage or deed of trust now or hereafter covering any portion of the �a Spiga Property. Such lien shall continue until fully discharged, but in no event longer than five (5) years from the date of recordation, and may be foreclosed by a judgment at law or by means of a power of sale in accordance with the laws of the State of California pertaining to foreclosure of mortgages with a power of sale. Such 7 � lien shall secure not only the amount stated in the aforesaid notice, but also the reasonable costs and expenses of enforcing the same, including interest at the rate provided herein and reasonable attorneys' fees. In addition, in the event of La Spiga's default, the Agency or the City, or both of them, may pursue any other remedies or proceedings available to it at law or in equity. The Agency or the City may, in any such proceeding, recover damages from or on account of such violation; secure by way of specific performance or otherwise the performance of such covenant, condition, easement or restriction; or obtain any other remedy provided for at law or in equity. b. In the event of Agency's default or breach in the performance of any af the obligations or agreements herein, La Spiga shall have the remedy of specific performance of this Easement Agreement, in addition to all other remedies available at law or in equity, and La Spiga shall have the right to recover from the Agency aN damages, and all costs and other sums expended in connection therewith, including reasonable attorneys' fees, plus interest thereon at the maximum legal rate permitted to be charged by non-exempt lenders under the laws of the State of California. 11. Miscellaneous. a. Termination of Liabilitv. Whenever a bona fide transfer of any interest in any of the Agency Property takes place, the transferor shall not be liable for breach of a covenant occurring thereafter with respect to the transferred interest. b. Notices. Unless otherwise specifically provided in this Easement Agreement, all notices, demands or other communications required or permitted to be given to the Agency and the City or La Spiga shall be given in writing by first class U.S. certified or registered mail, postage prepaid, and return receipt requested; by a nationally recognized overnight courier service such as Federal Express; or by personal delivery. Notices shall be considered given upon the ear{ier af (a) personal delivery, (b) the next business day following deposit with a nationally recognized overnight courier service such as Federal Express, or (c) three (3) business days fol�owing deposit or delivery shown on the return receipt in the United States mail, postage prepaid, certified or registered, return receipt requested. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice: To Agency or City: Mr. Carlos L. Ortega Executive Director Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260 Telephone: (760) 346-0611 Facsimile: (760) 341-6372 � with a copy to: Richards, Watsan & Gershon A Professional Carporation 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Attention: William L. Strausz, Esq. and Jim G. Grayson, Esq. Telephone: (213) 626-8484 Facsimile: (213) 626-0078 To La Spiga: Cultraro Group dba �a Spiga 73-405 EI Paseo Palm Desert, CA 92260 Telephone: (760} 340-9318 Facsimile: (760} 360-5460 with a copy to: Vincent and Connie Cu{traro 304 White Horse Trail Palm Desert, CA 92211 Telephone: (760) 772-7163 c. Gender. The use herein of the neuter gender shall include the masculine and the feminine, and the singular number shall include the plural, whenever the context so requires. d. No Third-Partv Beneficiaries. No person shail have any enforceable rights under this Easement Agreement other than the parties hereto and their successors and assigns, notwithstanding any provisions hereof which contempfats that other persons may exercise certain privileges, or any references herein to the General Public. e. No Waiver. No waiver by the Agency or the City of any default of La Spiga shall be implied from any omission by the Agency or the City to take any action in respect of such default. No express waiver of any default shall affect any default or cover any period af time other than the default and period of time specified in such express waiver. One or more waivers of any default in the performance of any term, provision or covenant contained in this Easement Agreement shall not be deemed a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Easement Agreement. The consent or approval by the Agency or the City to o� of any act or request of La Spiga requiring consent or approval shall not be deemed to waive or render unnecessary the cansent or approval to or of any subsequent similar acts or �equests. The rights a�d remedies given to the Agency or the City by this Easement Agreement are cumulative, and none of such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which the Agency or the City might othen�vise have by virtue of a default under this Easement Agreement. E f. Estoppel Certificates. La Spiga covenants that upon receipt of written request from the Agency or the City, La Spiga shall, within fifteen (15) days after receipt of such request, give to the Agency or the City or other person specified by the Agency or the City, an estoppel certificate stating: (i) whether La Spiga knows of any default by the Agency under this Easement Agreement, and if there are known defaults, specifying the nature thereof; (ii) whether to La Spiga's knowledge any provision of this Easement Agreement has been assigned, modified or amended in any way (and if it has, then stating the nature thereof); (iii) that to La Spiga's knowledge, this Easement Agreement, as of the date of ihe estoppel certificate, is in full force and effect; and (d) any other information reasonably required by the Agency or the City. g. Amendment. This Easement Agreement may be cancelled, changed, modified in who{e or in part anly by the written and recorded agreement executed by all of the parties hereto. h. Neqation of Partnership. None of the terms or provisions hereof shall be deemed to create a partnership between or among the parties hereto, no� shall it cause them to be considered joint venturers, or members of any joint enterprise, in the operation of the Parking Lot or otherwise. i. Entire Aareement. This instrument contains the entire agreement of the parties hereto as to the rights herein granted and the obligations herein assumed, and no oral representation shall be of any force or effect. No modification of this Easement Agreement shall be of any force or effect until signed by the party to be charged. j. Severabilitv. Invalidation of any covenant, condition, or restriction or any other provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereaf to any other person or entity, and the same shall remain in full force and effect. k. Headinqs. The caption headings of the various sections and paragraphs of this Easement Agreement are for convenience and identification only and shall not be deemed to limit, expand or define the contents of the respective sections or paragraphs. I. AttorneXs' Fees. In the event any party hereto shall commence any action against any other party relating to this Easement Agreement or for the breach of any obligation contained herein, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, expenses, and court costs. m. Time of Essence. Time is of the essence of each pravision af this Easement Agreement in which time is an element. n. California Law. This Easement Agreement shall be construed in accordance with the laws of the state of California. 10 � �. o. No Partnership. Nothing in this Easement Agreement shall deem La Spiga and Agency as partners or joint venturers. p. Aqreement for Exclusive Benefit of Parties. The pravisions of this Easement Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any other person, no� shall this Easement Agreement be deemed to have confierred any rights, express or implied, upon any third person. q. Successors and Assigns. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and the respective successors and assigns and grantees of such parties. La Spiga hereby acknowledges that it is the intent of the Agency to convey the Agency Property to the City. r. Written and Reasonable Consent Reauired. Except as otherwise may be provided in this Easement Agreement, whenever a party is requested to consent to or approve of any matter with respect to which its consent or approval is required by this Easement Agreement, such consent o� approval, if given, shall be given in writing. Wherever a party is required to obtain the consent or approval of another party, such consent or approval shall not be unreasonably withheld and shall be given in writing within a reasonable period of time; provided however, that this provision shall not apply where this Easement Agreement specifically states that such consent or approval may be unreasonably withheld or is subject to the sole discretion of any party or words of similar import. s. Covenants Run With the Land. It is intended that the cavenants, easements, agreements, promises and duties of each person and owner as set forth in this Easement Agreement shall be construed as covenants and not as conditians and that aIV such covenants shall run with the land and be enforceabie against both the covenantor and the land or constitute equitable servitudes as between the Agency Property as the servient tenement, and the La Spiga Property as the dominant tenement. t. Counterparts. This Easement Agreement may be signed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument. 11 IN WITNESS WHEREOF, the parties he�eto have executed this Agreement as of the day and year first set forth above. CITY OF PALM DESERT, a municipal corporation "La Spiga": "Agency": CULTRARO GROUP, PALM DESERT REDEVELOPMENT a California Limited Liability Company AGENCY, a public body, corporate and d/b/a La Spiga politic .� ;� By: . J �/ �f�2�L'�� Its: � By: Cha rperson r. �y�.i�`� ,. ATTEST. r 1��1.i"F+� •�� �' � ' r-1e �! .�����„'i ; . ,, , �!4i�:. , .�• � ` '°i� � '� r-� � --.• �� r. . � ' ��' � • � A . � r : ,� � ' � � y,� ` 1) • r . � � � ii l° � � • 1 ecretary � ' •. .. . ;. ., �w�>_, , .o . -�. �, •••..:.•• � {{ 11, i� . � CiItY • ` f ��'-�:?(j �'��1�'�' , �2 -,-- '; . ... ,; � � �., . ,,� , ,�. :� �,,: ���� � .a ,� "��r►��„����.,, L State of California } } SS. County of Riverside } .� On March 9, 2007 , before me, M. Gloria Martinez , a Notary Public, persoriafly appeared Richard S. Ketly, and Rachelte D. Klassen , personally known to me (or 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. WITNESS my hand and official seal. M.� �`'� ComrtMMlon � 169)036 Nolay �ul9M�C • Co�fomia � � COtn'My Ml Oonua 8�� OCf 29. 201 Signature;' / � �^ `�-�������� (seal) `�: � -OPTIONAL- DESCRIPTiON OF ATTACHED DOCUMENT: Easement Agreement Cultraro Group, a California Limited Liability Company, dba La Spiga Joint Consideration at the Meetinq of March 9 2006 (TITLE OR TYPE OF DOCUMENT} 15 Pages _ (NUMBER OF PAGES) December 19 2Q06 (DATE OF DOCUMENT) (SIGNER(S) OTHER TF�Rf�t�1Ap�ED ABOVE) Right 7'humbprtnt of Jlener (OTHER INFORMATION} , . } STATE OF CALIFORNIA yss. COUNTY OF j '� `S I � � On � personally appeared �' (�/ ���� [[; /,(,/ f r'�U ' '----- ------ - __.�. , personally known to me (or 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 hisiher/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. WITN,�S my-� and official seal. Signature (This area for otticial notanal seai) �Cantt�MNlan � te��e7o ��� ' Ca�ornf0 1�y►conrr�.8�+r�Ma► Zo Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1l94) (Gene�al) Fust Ame�ican Title Insurance Company � � �� AME�I C 1 �` �v � ATTACHMENT 1 LEGAL DESCRiPTION OF AGENCY PROPERTY PARCEL 1 OF PARCEL MAP NO. 25875, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 163, PAGES 34 AND 35 OF PARCEL MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID C4UNTY.