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Home My WebLink AboutSA-RDA 094RESOLUTION NO. SA-RDA 094 A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A TEMPORARY RETENTION BASIN AND CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AS GRANTOR, AND UNIVERSITY PARK INVESTOR, LLC, AS GRANTEE, IN CONNECTION WITH PROPERTY OWNED BY THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY LOCATED NORTH OF FRANK SINATRA DRIVE AND EAST OF PORTOLA AVENUE IN THE CITY OF PALM DESERT; FINDING THAT THE EASEMENT AGREEMENT IS NOT SUBJECT TO THE SURPLUS LAND ACT; AND TAKING RELATED ACTIONS RECITALS: A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al, 53 Cal. 4th 231 (2011 ), the former Palm Desert Redevelopment Agency (the "Former Agency") was dissolved as of February 1, 2012 , the Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency"), as the successor entity to the Former Agency , was const ituted , and a board of the Successor Agency (the "Board") was established . B. AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code ("HSC ") (such Parts 1.8 and 1.85 , including amendments and supplements enacted after AB X1 26 , being referred to herein as the "Dissolution Act "). C . Pursuant to HSC Section 34175(b), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law . D. On May 5, 2014 , the Oversight Board to the Successor Agency adopted Reso lut ion No . OB-073 , approving a Long -Range Property Management Plan (the "Original LRPMP"), which addresses the disposition of the real properties owned by the Successor Agency , and on June 2 , 2014 , the State Department of Finance (the "DOF ") approved the Orig inal LRPMP . On September 21 , 2015 , the Overs ight Board approved an amendment to the Original LRPMP (the "LRPMP Amendment"), and on December 9, 2015, the DOF approved the LRPMP , as amended by the LRPMP Amendment (as amended , the "LRPMP "). E. The LRPMP includes an approx imate ly 170-acre vacant s ite owned by the Successor Agency and located north of Frank S inatra Drive and east of Portola Avenue in the C ity of Palm Desert (identified on the LRPMP as Parcel Nos . 9(a) through 9(m)), which is designated for sale (the "SARDA Property "). F. The SAR DA Property is located ad j acent to an approximately 17 4-acre site located in the C ity (the "Developer Property "), wh ich is owned by University Park Investor, LLC (the "Developer"). The Developer is developing app roximately 1,069 residential units on the Deve loper Property (the "Un iversity Park Project"). RESOLUTION NO. SA-RDA 094 G . When the SARDA Property is sold and developed , the developer of the SARDA Property will be required to construct permanent retention basins on the SARDA Property to retain on-site 100-year storm flows . H. Until the SARDA Property is sold and developed , t he Developer desires the temporary use of an approximately 5 .71 acre portion of the SARDA Property adjacent to the Developer Property (the "Temporary Basin Easement Area ") in order t o create temporary retention basins and related facilities and improvements to direct and retain surface water runoff from the SARDA Property that would otherwise drain onto the Developer Property, as described and depicted in Exhibit "A " (collectively , the "Retention Basins "), and the Developer has requested the Successor Agency to enter into the Temporary Retention Basin and Construction Easement Agreement by and between the Successor Agency and the Developer, attached hereto as Exhibit "B'' (the "Easement Agreement"). I. The Easement Agreement grants the Developer and the Developer's permitted users , at no cost to the Successor Agency , a non-exclusive temporary easement over , under, upon , across and through the Temporary Basin Easement Area for the construction , installation , start-up , operation , use , maintenance , inspection, testing , repair, reconstruction , and replacement of the Retention Basins by the Developer, together with related access rights . J . The Board desires to adopt this Resolution to approve the Easement Agreement. NOW, THEREFORE , THE BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS : Section 1. The above recitals , and each of them , are true and correct and are a substantive part of this Resolution. Section 2 . The Board hereby finds that the Easement Agreemen t is not subject to the Surplus Land Act (Government Code Sections 54220-54234) because the Easement Agreement does not dispose of the SARDA Property or any interest in the SARDA Property , and the Surplus Land Act only applies to the disposition of property , that bei ng a sale or lease of property. Section 3. The Easement Agreement in the form attached hereto as Exhibit "B" is hereby approved . The Executive Director of the Successor Agency is hereby authorized to execute and deliver, for and in the name of the Successor Agency , the Easement Agreement in substantially such form, with changes therein as the Executive Director may approve (such approval to be conclusively evidenced by the execution and delivery thereof), with such execution and delivery of the Easement Agreement to occur after the Countywide Oversight Board for Riverside County (the "Oversight Board ") approves the Easement Agreement and the DOF approves , or is deemed to have approved , the Easement Agreement. Section 4 . The Oversight Board is hereby requested to approve the Successor Agency's execution and delivery of the Easement Agreement in substantia ll y the form attached hereto as Exhibit "B." Section 5 . The Secretary of the Successor Agency is hereby authorized and directed to submit a copy of this Resolution to the Oversight Board . -2- 128 12-0001 \J.6772 12v I .doc RESOLUTION NO. SA-RDA 094 Section 6 . The officers and staff of the Successor Agency are hereby authorized , jointly and severally , to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the Easement Agreement and any such actions previously taken are hereby ratified and confirmed. Section 7 . The Successor Agency Secretary shall certify to the passage and adoption of this resolution and the same shall take effect and be in force . APPROVED and ADOPTED this 23rd day of June 2022. AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE -3- I 28 12 -000l\26772 12v I .doc ~ ' \ \ ' "5111 ' '"' \~-- Michael Baker INTERNATIONAL 75410Gerald Fon:! Ortve, #100. PalmDesert, CA92211 Phone: (7IIO) 346-7431 • MBAKERIN'n..COM TYPICAl LOT SETBACKS 40X80 ALLEY HOMES TYPICAL LOT SETBACKS 60x100 ALLEY HOt.1ES 80.SI "·" "'·" u,.oo ... ,. .00 175!,8 ""''"" LDf llll.111:IX con "'" ,.,. 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' " '.~~ R ' ' ~ , • J ,,,'>-.-i:i(SJK / ,; ICU T!tJ JCl,IC.l. ,,, fCCT:J • '.:__----~·, .... ·~_::~:....---~,,,... - t;.--~------"' Michael Baker INTERNATIONAL 7$410 C.akl Fofd Drive, •100, Palm Oeserl, CA 92711 Phonti: (760) 3'6--7'!11 · M8AKERINTl.COM LOT W.T!UI "'" .,,, "' " "' '"' ,.. " "' " "' ·-'" ·-,,, ,.., "" -'"' "' 4!115 '" "" ,~, ,, ,., ,, "" ·-"' 4417 ... "' ,., "" ... -~ "' .,., ,,, "" '" ' ,n '" ,,,. '" .. "' ... ,~ .. ,n . "' . "' " .. ,.,, '" "" "' , ... "' "" "' ·-. "' .. ,. "" "' H "' "" "' "'' '" "" L01 IIU.TIUX "'" mn ' "' ' ' "' " "' ,., ,.. ,-, ,., .. ,.. sm "' 4 237 "" " '" "' "" ., .. .., "" .,. "' .. H .. . .., . -"-' .. ~ . . '" . " " -~, '-' " " "-' " !1117 " ,. ' .. " "" " . ... ' "" . .. 111!1 . " " -' " '-" .... ·-... ~ tot-fCSIOCMTIN.. LOfS IM'IR I X LOTS son -'"-' .... "'' 21745 '"' "'' '"" Al'l&IC.-XXSS ="""-"""'"""" • EXHIBIT B EASEMENT AGREEMENT Resolution No . SA-RDA 094 RECORDJNG REQUESTED BY AND WHEN RECORDED RETURN TO: Successor Agency to the Palm Desert Redevelopment Agency c/o City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: Executive Director Resolution No . SA-RDA 094 Space Above Thi s Line for Recorder's Us e This Document is recorded for the benefit of the Successor Agency to the Palm Desert Redevelopment Agency and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code. TEMPORARY RETENTION BASIN AND CONSTRUCTION EASEMENT AGREEMENT THIS TE MPORARY RETENTION AND CONSTRUCTION EASEMENT AGREEMENT (the "Agreement"), dated as of ________ _, 2022 (the "Effective Date "), is entered into by and among SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body (the "Grantor"), and UNIVERSITY PARK INVESTOR, LLC , a Delaware limited liability company (the "Grantee, with reference to the recitals of fact set forth below. Grantor and Grantee are , from time to time hereinafter referred to individually as a "party" and collectively as the "parties ." RECITALS A. Grantor is the owner of certain real property located in the City of Palm Desert (the_"City "), County of Riverside (the "County"), State of California, more particularly described in Exhibit A and depicted as the "SARDA Property" on Exhibit B , each attached hereto and incorporated herein by this reference (the "SARDA Property"). B. Grantee is the owner of certain real property located in the City , situated adjacent to the SARDA Property, more particularly described in Exhibit C attached hereto and incorporated herein by this reference , and depicted as the "UPI Property" on Exhibit B (the "UPI Property "). C. Grantee desires the temporary use of a portion of the SARDA Property , more particularly described in Exhibit D attached hereto and incorporated herein by this reference , and depicted as the "Temporary Basin Area " on Exhibit B (the "Temporary Basin Property ") in order to create temporary retention basins to direct and retain surface water runoff from the SARDA Property , as depicted on the approved Vesting Tentative Tract Map No . 37506 and to construct and grade the Retention Basins and thos e portions of the UPI Property that abut the SARDA Property . Resolution No . SA-RDA 094 D. Grantor and Grantee anticipate that Grantor will sell the SARDA Property to one or more unaffiliated third parties pursuant to the Grantor's Long Range Property Management Plan , as amended , for development of the SARDA Property, at which point the Retention Basins may no longer be required. E. In connection with the need to appropriately capture surface water runoff from the SARDA Property that would otherwise drain onto the UPI Property, Grantee desires to receive , and Grantor is willing to grant, an easement for the temporary construction , use , maintenance , operation , and potential removal of the Retention Basins upon the terms , covenants and conditions set forth herein. NOW , THEREFORE, in consideration of the foregoing recitals of fact , the mutual covenants contained herein , and for such other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged , Grantor and Grantee , for themselves and their respective successors and assigns , hereby agree as follows : AGREEMENT 1. Easement. 1.1 Temporary Basin Easemen t. Grantor hereby grants to Grantee a temporary non-exclusive easement (the "Temporary Basin Easement") over, under, upon, across and through the Temporary Basin Property . The Temporary Basin Easement shall be used by Grantee and other Permitted Users (as defined in Section 1.3) solely and exc lu sively for purposes of the construction, installation , start-up , operation , use , maintenance , inspection , testing, repair, reconstruction , replacement and ( if necessary) removal of temporary sto rm water retention basins and related fac iliti es and improvements as described and depicted in Exhibit E attached hereto and incorporated herein by this reference (collectively, the "Retention Basins"). 1.2 Related Access Rights. The Temporary Basin Easement shall be deemed to include the right of Permitted Users for ingress and egress of trucks, automobi les, other vehicles, and equipment and personnel to and from the Temporary Basin Property as may be necessary to facilitate the construction, installation , start-up , operation , use , maintenance, inspection, testing, repair, reconstruction , replacement and removal of the Retention Basins. 1.3 Limitations on Use; Permitted Users. Use of the Temporary Basin Easement shall not commence unless and until plans and specifications for the Retention Basins have been submitted by Grantee or its designee to the City and the City or its designee has approved in writing such plans and specifications , In using the Temporary Basin Easement, Grantee and all other Permitted Users: (a) shal l comply with all applicable federal , state, regional and local laws , statutes , ordinances , regulations, g uid elines , rule s, orders , judicial and administrative decisions (collectivel y , the "Applicable Laws"), including all Applicable Laws with respect to Hazardous Materials (as defined in Section 1.4), and any and all applicable insurance requirements; (b) shall not directly or indirectly create , incur, assume or suffer to exist any mechanic 's , materialmen 's or other liens, claims or levies of any kind upon the SARDA Property (each a "Lien"); and (c) shall promptly, at no cost to Grantor, take such action as may be necessary to discharge or eliminate or bond in a manner satisfactory to Grantor any such Lien. lJPl (Palm De ser t) -Easement Agreem ent 2 Resolution No . SA-RDA 094 The Temporary Basin Easement may be used solely in accordance with the provisions hereof by Grantee, its successors and assigns , and their respective employees , representatives, agents , lessees, licensees, contractors, subcontractors and consultants ( collectively, the "Permitted Users"). 1.4 Hazardous Materials. Without limiting the provisions of Section 1.3 , in its use of the Temporary Basin Easement, Grantee shall not use, store or transport, or permit or cause to be used, stored or transported , any Hazardous Materials (as defined below) over, under, upon , across or through the Temporary Basin Property except as permitted by , and in strict compliance with , all Applicable Laws and any and all applicable insurance requirements . In no event shall Grantee release or dispose of any Hazardous Materials over, under, upon , across or through the Temporary Basin Property. As used herein , "Hazardous Materials" means any chemical , material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes , hazardous materials, extreme ly hazardous waste , restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemica l substance or mixture , hazardous air pollutant, toxic pollutant, or words of s imilar import under any local , state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the SARDA Property, including, without limitation: the Comprehensive E nvironmental Response, Compensation and Liability Act of 1980 , 42 U.S.C . 9601, et seq. ("CERCLA "); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; the Federa l Water Pollution Control Act, as amended , 33 U.S.C. 1251 , et seq.; and the Resource Conservation and Recovery Act of l 976 , 42 U.S .C. 6901 , et seq . ("RCRA "). The term Hazardous Materials shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table ( 49 CFR 172. l O 1) or by the Environmental Protection City as hazardous substances ( 40 CFR. Part 302) and in any and all amendments thereto in effect as of the Effective Date; oil , petroleum , petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas , natural gas liquid s , liquefied natural g as or synthetic gas usable for fuel , not otherwise designated as a hazardous substance und er CERCLA ; any substance which is toxic, explosive, corrosive, reactive , flammable , in fectiou s or rad io active (including any source, specia l nuclear or by-product material as defined at 42 U .S.C. 2011 , et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form ; urea forma ld ehyde foam in sulation ; tran sformers or other equipment wh ich contain dielectric fluid contain in g level s of polychlorinated byphenyls ; radon g as ; or an y other chemical , material or substance (i) which poses a hazard to the SARDA Property , to adjacent properties, or to persons on or about the SARDA Property , (i i) which causes the SARDA Property to be in violation of any of the aforementioned laws or regulations , or (iii) the presence of which on or in the SARDA Property requires investigation , reporting or remediation under any such laws or regulations . 2. Term; Easement In Gross and Appurtenant. 2.1 Term. The term of this Agreement and the Temporary Basin Easement (the "Term ") shal l commence on the Effective Date and , unless otherwise agreed in writing by th e parties, shall terminate upon the city-approved acceptance of the maintenance of the UP I (Pal m Desert ) -Easement Ag reement 3 Resolution No. SA-RDA 094 Drainage Basins by a successor in interest to SARDA or the removal of the Drainage Basins upon the implementation of city-approved alternative facilities to retain or redirect surface water runoff from the SARDA property. 2.2 Easement Appurtenant. Until the expiration of the Term, of this Agreement, the Temporary Basin Easement shall constitute an appurtenant easement in favor of Grantee for the benefit of Grantee , its successors and assigns, and the Grantee Property; provided , however, that except as otherwise set forth in this Section 2.2 , the Grantee may not assign or otherwise transfer its interest in the Temporary Basin Easement without the prior written consent of the Executive Director of the Grantor, which consent may be granted or withheld in the Executive Director's sole discretion; except that Grantee may transfer, without the prior written consent of the Executive Director of the Grantor, its interest in the Temporary Basin Easement to a homeowners association that is responsible for the maintenance of common area property within the master-planned community on the UPI Property . 3. Ownership of Retention Basins. At all times during the Term , the Retention Basins shall be the so le and exclusive improvements of Grantee and shall not be deemed fixtures or any other part of the real property comprising the SARDA Property. Grantee shall not be responsible for the payment of any ad valorem property taxes associated with the SARDA Property 4. Construction, Maintenance and Removal. During the Ter m, Grantee , or its designee shall be solely responsible for all costs and expenses associated with the construction , installation , start-up, operation , use , maintenance, inspection , testing, repair, and reconstruction of the Retention Basins. 5. Indemnification. 5.1 Bodily Injury and Property Damage. During the Term , Grantee, for itself, its successors and assigns , agrees to defend , indemnify and hold harmles s the Grantor, the City , and their respective board members, city council members, officers , consultants and emp loyees (the "Released Grantor Parties") from and against any and all C la ims asserted by any person , including but not limited to employees of Grantee, for bodily injury, death or property damage arising directly or indirectly , or in any manner growing out of Grantee's or Permitted Users ' activities on or about the Temporary Basin Property. As used herein , "Claims " shall mean a ll claims, liens , liabilities , damages , losses, costs and expenses of any kind or whatever nature. Notwithstanding anything to the contrary contained herein , the provisions of this Section 5.1 shall survive the termination of this Agreement. 5.2 Breach of Agreement. Grantee, for itself, its successors and assigns , further agrees to defend, indemnify and hold harmless the Released Grantor Parties from and against any and all Claims asserted by any person that result from Grantee 's or Permitted Users ' failure to comply with the terms of this Agreement, including Grantee's or Permitted Users ' failure to comply with Applicable Laws. 6. Insurance . Grantee sha ll comply with the insurance requirements set forth m Exhibit F. UPI (Palm Desert ) -Easement Agreement 4 Resolution No. SA-RDA 094 7. Mortgagee Protection. No breach of any of the provisions of this Agreement nor the enforcement of this Agreement shall defeat or render invalid the lien of any mortgage , deed of trust, or other security interest against the SARDA Property or the UPI Property, but all of the provisions of this Agreement shall be binding on and effective against any person whose title is derived through foreclosure or otherwise; provided , however, that any such person shall have no liability for any breach occurring before the date that such person succeeded to title. It is the express intent of the parties that this Agreement and the easement granted herein shall at all times be superior to the lien of any deed of trust, mortgage, security interest, or other monetary lien or encumbrance that may exist against the SARDA Property or the UPI Property as of, or at any time after, the date of this Agreement. Each party , after receipt of a written request from the other party , sha ll use its best efforts to obtain written recordable agreements from its lenders and other holders of such liens , if any, by which those lienors agree to subordinate their interests under those liens to the rights and interests of the parties created by this Agreement. 8. Condemnation. In the event all or any portion of the Temporary Basin Property is taken by condemnation, the parties shall, to the greatest practical extent, relocate the Temporary Basin Property so that the use of the Temporary Basin Easement may continue hereunder, and Grantee shall be entitled to receive all payments a ll ocated or made with respect to it s rights , title and interests in , to or under this Agreement, the Temporary Basin Easement, and /or the Retention Basins. 9. Estoppel Certificate. Within five (5) business days after receipt of a request for an estoppel certificate from either party, the other party shall provide an estoppel certificate stating that this Agreement has not been modified or, if modified , stating the nature of the modification , and cert ifying that this Agreement, as so modified , is in ful l force and effect. The estoppel certificate a lso shall identify any obligations then due or unperformed hereunder and shall contain any additional information regarding the Agreement as may be reasonably set forth in the request. 10. No Dedication or Merger. Nothing in this Agreement shall be construed or deemed to constitute a dedication or offer of dedication , express or implied , by Grantor or Grantee of a ll or any portion of the SARDA Property , the UPI Property, the Temporary Basin Property , or any interest therein, to any governmental entity or agency or utility or for any public use or purpose whatsoever. Subject to the provisions of Section 2.1 , the Temporary Basin Easement shall not be terminated or exting ui shed by any merger of title or otherwise un less a written consent to such termination , or a quitclaim , is executed by Grantee and recorded in the Official Records of the County. 11. General Provisions. 11.1 Entire Agreement. Except as express ly set forth herein , this Agreement, including a ll recitals and exhibits hereto , constitutes the entire agreement between the parties with respect to the subject matter hereof a nd supersedes any and a ll prior or contemporaneous understandings , negotiations , representations , promises and agreements, oral or written , by or between the parties, with respect to the subject matter of this Agreement. No representations, inducements , promises, or agreements have been made in connection with this Agreement by any party , or anyone acting on behalf of any party, other than those expressly set forth herein. UPI (Palm Desert) -Easement Agreement 5 Resolution No . SA-RDA 094 11.2 Amendment. This Agreement may be amended , modified or supplemented only by a writing signed by both parties. 11.3 Waiver. No waiver of any provision of this Agreement shall be binding unless executed in writing by the party making the waiver. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the written waiver so specifies . 11.4 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which , when taken together, shall constitute one and the same instrument. 11.5 Successors and Assigns. Subject to Section 2.2, this Agreement shall be binding upon and sha ll inure to the benefit of the parties and their respective successors and assigns , and all references in this Agreement to Grantor and Grantee sha ll be deemed to include their respective heirs , legal representatives , successors and assigns. Subject to Section 2.1 , the provisions of this Agreement shall grant and establish an easement running with the Temporary Basin Property, and shall be binding upon each successor owner thereof during it s/his /her ownership of any portion of the Temporary Basin Property and the UPI Property . Any transferee of title to the UPI Property shall be deemed , by acceptance of that title, to have automatically assumed all obligatio ns under this Agreement w ith respect to the Temporary Basin Property, but on ly to the extent that those obligations accrue after the date of the transfer o f title a nd have not terminated due to the expiration of the Term . Effective upon such transfer, t he transferor sha ll be relieved of all further li ability under this Agreement except for any liability which may have arisen during its period of ownership and that remains unsatisfied as of the time of the transfer. 11.6 Attorneys' Fees. The prevailing party in any action or proceeding to enforce or interpret, or otherwise arising out of or relating to , this Agreement or any provision thereof (including but not I imited to any suit, arbitration , administrative hearing, bankruptcy or appeal) shall be entitled to recover from the other party a ll of its costs and expenses, including but not limited to attorneys ' and experts ' fees and costs . 11.7 Governing Law. This Agreement is entered into in and shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of laws principles. 11.8 Severability. If any term or prov1s1on of this Agreement is ever determined to be invalid or unenforceable for any reason, such term or provisi o n shall be severed from this Agreeme nt without affecting the va lid ity or enforceability of the remainder of this Agreement. 11.9 Interpretation . Section headings in this Agreement are for convenience of reference on ly and shall not affect the meaning or interpretation of any provision of this Agreement. As used here: (a) the singular shall include the plural (and v ice versa) and the masculine or neuter gender shall include the feminine gender (and vice versa) where the context so requires; (b) locative adverbs such as "herein ," "hereto ," "hereby," and "hereunder" shall refer to this Agreement in its entirety and not to any specific section or paragraph; (c) the terms VP I (Palm De sert ) -Easement Ag reement 6 Resolution No. SA-RDA 094 "include," "including ," and similar tenns shall be construed as though followed immediately by the phrase "but not limited to;" (d) "person " shall mean any person or any private or public entity; and (e) "shall," "will ," and "must" are mandatory and "may" is permissive. The parties have jointly participated in the negotiation and drafting of this Agreement, and this Agreement shall be construed fairly and equally as to the parties , without regard to any rules of construction relating to the party who drafted a particular provision of this Agreement. 11.10 Notices. Any notice required by this Agreement shall be in writing and shall be deemed effective upon receipt or refu sa l of delivery by the appropriate party at the following addresses (each a "Notice Address "): If to Grantee: If to Grantor : University Park Investor, LLC 801 San Ramon Valley Blvd ., Suite F Danville , CA 94526 Attention: Ravi Nandwana with a copy to: U niversity Park Investor, LLC 4400 MacArthur Boulevard , Suite 700 Newport Beach, CA 92660 Attention : Rory Ingels Successor Agency of the Palm Desert Redevelopment Agency c/o City of Palm Desert 7 3-5 l0 Fred Warin g Drive Palm Desert, CA 92260 Attention: Executive Director Either party may change its Notice Address by transmitting such change to the other party 's Notice Address. 11.11 Recording and Further Assurances. The partie s shall cause this Agreement to be recorded promptly following their execution thereof, although such recording is not a condition to the effectiveness of this Agreement. Each party shall execute and deliver any additional documents and instruments and perform any additional acts that may be reasonably necessary or appropriate to effectuate and perform the provisions of this Agreement. [Remainder of this page intentionally left blank] [Signatur es appear on next page J UP J (Palm Desert) -Easement Ag reement 7 Resolution No. SA-RDA 094 IN WITNESS WHEREOF, Grantor, Grantee, and the City have executed this Agreement as of the date first set forth above. GRANTOR: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, a public body By: ------------ Name: ___________ _ Title: ____________ _ GRANTEE: UNIVERSITY PARK INVESTOR, LLC a Delaware limited liability company By: ------------ Name : ------------ Tit I e: ------------- Resolution No. SA-RDA 094 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 truthfu ln ess , accuracy, or validity of that document. State of _________ ) )ss . County of _________ ) On _________ , 20_, 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 ______ that the foregoing paragraph is true and correct. WITNESS my hand and o fficial seal. (Seal) Notary Public Resolution No. SA-RDA 094 A Notary Public or other officer completing this certificate verifies on ly 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 __________ ) )ss. County of _________ ) On _________ , 20_, 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 s ubscribed 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 PENAL TY OF PERJURY under the laws of the State of ______ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public EXHIBIT A TO EASEMENT AGREEMENT LEGAL DESCRIPTION OF SARDA PROPERTY Resolution No. SA-RDA 094 All that real property situated in the City of Palm Desert, County of Riverside, State of California, and more particularly described as follows: [See Attached] EXHIBIT "A" LEGAL DESCRIPTION SARDA PROPERTY Resolution No . SA -RDA 094 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA , THAT EXCEPTION PARCEL , AS SHOWN ON CERTIFICATE OF COMPLIANCE NUMBER 05-01 , OF DOCUMENT NO . 2005-0696754 , RECORDED ON AUGUST 24 , 2005, OF OFFICIAL RECORDS , LOCATED IN SECTION 33 , TOWNSHIP 4 SOUTH , RANGE 6 EAST, SAN BERNARDINO MERIDIAN. SUBJECT TO EXISTING EASEMENTS , COVENANTS , RIGHTS AND RIGHTS-OF - WAY OF RECORD. CONTAINING 7,331,393 SQUARE FEET OR 163 .306 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF . PREPARED BY OR UNDER THE DIRECTION OF : LUKE R. BEVERLY P.L.S . 8223 DATED: 1 OF 1 EXHIBIT B TO EASEMENT AGREEMENT DIAGRAM OF SARDA/UPI PROPERTY [See Attached) Resolution No . SA-RDA 094 Resolution No. SA -RDA 094 EXHIBIT u9u OVERALL SARDA & UPI PROPERTY £=<,_~ POR. OF ADJUSTED PARCEL 9 C.0.C. NO. 05-01 DOC. #2005-0696754 , REC . 08 /24/2005, O.R . APN 694-580-014 WESTERLY LINE OF ADJUSTED PARCEL 9 APN 694-200-01 3 o· 500· 1200· NO. 05- 05-0696 24/2 005 , / / / / ?0° SAAD ROPE ~ ----SCALE 1 "=600' ADJUSTED PARCEL 15 C.O.C. NO. 05-01 DO C. #2005-0696754, REC . 08/24/2005, O.R . APN 694-200-014 i WESTERLY LINE OF ADJUSTED PARCEL 15 -SARDA PROPE RTY -UPI PROPERTY ~LA~~G~~L~N~~E;Jcl>~9o's~~ES·c (fil;) 34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270 760.320 .9811 MSACONSULTINGINC.COM J.N. 2497 SHEET 1 OF 2 EXHIBIT "B" OVERALL SARDA & UPI PROPERTY N'LY LINE EXCEPTION PARCEL ADJUSTED PARCEL 9 C.O.C. NO. 05-01 DOC . #2005-0696754, REC. 08/24/2005, O.R. APN 694-580-014 -==::'._/ WESTERLY LINE OF ADJUSTED PARCEL 9 EXCEPTION PARCEL C.O.C . NO. 05-01 DOC. #2005-0696754, REC. 08/24/2005, O.R. APN 694-200-011 ADJUSTED PARCEL 15 C.O .C. NO . 05-0 1 ~ DOC . #2005-0696754, (~ REC . 08/24/2005 , O.R. I APN 694-200 -014 1 NORTHWESTER LY R/W ---I§ Resolution No . SA-RDA 094 NORTHERLY R/W \ ~ ---FRANK SINATRA DRIVE --~-I '------- o· soo· ~---SCALE 1 "=600 ' 1200 ' i ~LA~~G~~L~N~~E;r1>~9o,SJR~E~0G qi 34200 808 HO P E DRIVE, RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSUL TINO INC.COM J.N. 2497 SHEET 2 OF 2 EXIDBIT C TO EASEMENT AGREEMENT LEGAL DESCRIPTION OF UPI PROPERTY Resolution No. SA-RDA 094 All that real property situated in the City of Palm Desert, County of Riverside , State of California , and more particularly described as follows: [See Attached) EXHIBIT "C" LEGAL DESCRIPTION UPI PROPERTY Resolution No. SA-RDA 094 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA , THOSE PORTIONS OF ADJUSTED PARCEL 9 AND ADJUSTED PARCEL 15, AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 05-01, OF DOCUMENT NO. 2005- 0696754, RECORDED ON AUGUST 24, 2005, OF OFFICIAL RECORDS, LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. TOGETHER WITH THAT PORTION OF THE DOG PARK QUITCLAIM PARCEL, SHOWN ON DOCUMENT NO. 2021-0239080, RECORDED ON APRIL 16, 2021, OF OFFICIAL RECORDS. EXCEPTING THEREFROM THOSE PARCELS SHOWN AS PARKS "D" AND "E" SHOWN ON DOCUMENT NO. 2021-0239079, RECORDED ON APRIL 16, 2021, OF OFFICIAL RECORDS. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 3,636,433 SQUARE FEET OR 83.481 ACRES MORE OR LESS . AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF : P.L.S. 8223 DATED : 1 OF 1 EXHIBITD TO EASEMENT AGREEMENT LEGAL DE SCRIPTION OF TEMPORARY BASIN AREA [See Attached) Resolution No. SA-RDA 094 EXHIBIT "D" LEGAL DESCRIPTION TEMPORARY BASIN EASEMENT Resolution No . SA-RDA 094 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF EXCEPTION PARCEL , AS SHOWN ON CERTIFICATE OF COMPLIANCE NUMBER 05-01 , OF DOCUMENT NO . 2005-0696754 , RECORDED ON AUGUST 24, 2005 , OF OFFICIAL RECORDS, LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH , RANGE 6 EAST, SAN BERNARDINO MERIDIAN , MORE PARTICULARLY DESCRIBED AS FOLLOWS : EASEMENT AREA: BEGINNING AT THE NORTHWEST CORNER OF SAID ADJUSTED PARCEL 9; THENCE ALONG WESTERLY LINE OF SAID ADJUSTED PARCEL 9, THROUGH THE FOLLOWING TWENTY-TWO (22) COURSES ; (1 ) THENCE SOUTH 15 °12 '05" EAST, A DISTANCE OF 57.73 FEET; (2) THENCE SOUTH 32 °01 '27" EAST, A DISTANCE OF 138 .08 FEET ; (3) THENCE SOUTH 37°44'05 " EAST, A DISTANCE OF 373.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 536 .00 FEET ; (4) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 31 °12 '18", AN ARC DISTANCE OF 291 .92 FEET; (5) THENCE SOUTH 68 °56'23 " EAST, A DISTANCE OF 69.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE , CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 534.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°00'56" WEST; (6) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 48°23'57", AN ARC DISTANCE OF 451.08 FEET TO THE BEGINN ING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY , HAVING A RADIUS OF 866.00 FEET, A RADIAL LINE TO SA I D POINT BEARS NORTH 31 °36'59" EAST; (7) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 06°12'44", AN ARC DISTANCE OF 93 .89 FEET, A RADIAL LINE T O SAID POINT BEARS NORTH 37 °49 '43" EAST; 1 OF6 EXHIBIT "D" LEGAL DESCRIPTION TEMPORARY BASIN EASEMENT Resolution No . SA-RDA 094 (8) THENCE NON-TANGENT TO SAID CURVE SOUTH 41°55'34" EAST, A DISTANCE OF 49 .31 FEET; (9) THENCE SOUTH 38 °47'30" EAST, A DISTANCE OF 498 .31 FEET; (10) THENCE SOUTH 46°52'11" EAST, A DISTANCE OF 259 .34 FEET TO THE BEGINNING OF A TANGENT CURVE , CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 866.00 FEET; (11) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 14°50'55", AN ARC DISTANCE OF 224.43 FEET TO THE BEGINNING OF A REVERSE CURVE , CONCAVE NORTHEASTERLY , HAVING A RADIUS OF 434 .00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 57°58 '44" WEST; (12) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 43 °08 '03", AN ARC DISTANCE OF 326.73 FEET TO THE BEGINN ING OF A REVERSE CURVE , CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50 .00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 14°50'41 " EAST; (13) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 62 °16'13", AN ARC DISTANCE OF 54.34 FEET TO THE BEGINN ING OF A REVERSE CURVE , CONCAVE NORTHEASTERLY , HAVING A RADIUS OF 484.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 77°06 '54 " WEST; (14) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 36°52'42 ", AN ARC DISTANCE OF 311 .53 FEET TO THE BEGINNING OF A REVERSE CURVE , CONCAVE SOUTHWESTERLY , HAVING A RADIUS OF 1266.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 40 °14'12" EAST; (15) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 07°32'48", AN ARC DISTANCE OF 166.75 FEET ; (16) THENCE SOUTH 42°13'00" EAST, A DISTANCE OF 186 .14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY , HAVING A RADIUS OF 1066.00 FEET; 20F6 EXHIBIT "D" LEGAL DESCRIPTION TEMPORARY BASIN EASEMENT Resolution No . SA -RDA 094 (17) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 07 °05'33", AN ARC DISTANCE OF 131.96 FEET; (18) THENCE SOUTH 25 °01 '56 " EAST , A DISTANCE OF 74.98 FEET; (19) THENCE SOUTH 31°06'49" EAST, A DISTANCE OF 61.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 154.00 FEET; (20) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 °47'21 ", AN ARC DISTANCE OF 74.69 FEET ; (21) THENCE SOUTH 58 °54 '10" EAST, A DISTANCE OF 106.28 FEET; (22 ) THENCE SOUTH 53 °16'24 " EAST, A DISTANCE OF 144 .10 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF COLLEGE DRIVE AS SHOWN ON SAID C.O.C. 05-01, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 638.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 53 °16'24" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT- OF-WAY LINE THROUGH A CENTRAL ANGLE OF 14 °33'13 ", SAID LINE ALSO BEING THE NORTHWESTERLY RIGHT-OF-WAY OF COLLEGE DRIVE, AN ARC DISTANCE OF 162.06 FEET, A RAD IAL LINE TO SAID POINT BEARS NORTH 67°49 '37" WEST; THENCE LEAVING SAID RIGHT-OF-WAY LINE NON-TANGENT TO SAID CURVE SOUTH 88°12 '55" WEST , A DISTANCE OF 105 .19 FEET; THENCE NORTH 44 °23'44" WEST , A DISTANCE OF 59.37 FEET; THENCE NORTH 02 °13 '37 " EAST, A DISTANCE OF 135 .38 FEET; THENCE NORTH 48 °58 '44 " EAST , A DISTANCE OF 62.39 FEET; THENCE NORTH 58°54 '1 O" WEST, A DISTANCE OF 62.31 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 194 .00 FEET ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 27 °47'21", AN ARC DISTANCE OF 94.09 FEET; THENCE NORTH 31 °06 '49 " WEST, A DISTANCE OF 63 .18 FEET; 30F6 EXHIBIT "D" LEGAL DESCRIPTION TEMPORARY BASIN EASEMENT Resolution No . SA -RDA 094 THENCE NORTH 25°01 '56 " WEST, A DISTANCE OF 20 .21 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAV ING A RADIUS OF 503 .17 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4 9°13 '36 " EAST ; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 10°02 '33", AN ARC DISTANCE OF 88 .19 FEET , A RADIAL LINE TO SAID POINT BEARS SOUTH 39 °11 '03" EAST; THENCE NON-TANGENT TO SAID CURVE NORTH 84°23 '09" WEST, A DISTANCE OF 48.58 FEET; THENCE NORTH 44 °22 '18" WEST, A DISTANCE OF 533 .01 FEET ; THENCE NORTH 02 °13 '46 " WEST , A DISTANCE OF 67 .01 FEET; THENCE NORTH 50 °15 '23 " EAST, A DISTANCE OF 105.21 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAV ING A RADIUS OF 525.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 50°12 '42 " WEST ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 26°38'26 ", AN ARC DISTANCE OF 244.11 FEET TO THE BEGINNING OF A REVERSE CURVE , CONCAVE SOUTHWESTERLY , HAVING A RADIUS OF 15 .00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 76 °51'08" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 61 °31'16", AN ARC DISTANCE OF 16.11 FEET TO THE BEGINNING OF A REVERSE CURVE , CONCAVE NORTHEASTERLY , HAVING A RADIUS OF 474.00 FEET , A RAD IAL LINE TO SAID POINT BEARS SOUTH 15°19 '52 " WEST; THENCE NORTHWESTER LY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 42 °38 '52 ", AN ARC DISTANCE OF 352 .82 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 826 .00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 57 °58'44 " EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 14°50'55 ", AN ARC DISTANCE OF 214.06 FEET; 40F6 EXHIBIT "D" LEGAL DESCRIPTION TEMPORARY BASIN EASEMENT THENCE NORTH 46°52'11" WEST, A DISTANCE OF 229 .08 FEET; THENCE SOUTH 46°31 '02 " WEST, A DISTANCE OF 70.18 FEET; THENCE NORTH 84 °22 '55" WEST, A DISTANCE OF 51 .64 FEET; THENCE NORTH 38°22'38 " WEST, A DISTANCE OF 255.22 FEET ; THENCE NORTH 05°12'25 11 EAST, A DISTANCE OF 50.64 FEET; THENCE NORTH 53°10 '31" EAST, A DISTANCE OF 32 .59 FEET; · THENCE NORTH 21°18'31" WEST, A DISTANCE OF 91 .82 FEET; THENCE NORTH 38°47'30" WEST, A DISTANCE OF 124.17 FEET; Resolution No . SA -RDA 094 THENCE NORTH 41 °55 '34 11 WEST, A DISTANCE OF 43.99 FEET TO THE BEGINNING OF A NON-TANGENT CURVE , CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 821 .00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 37 °33 '02 " EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°56'03", AN ARC DISTANCE OF 85.03 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY , HAVING A RADIUS OF 579 .00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 31 °36'59" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 24 °07'41 11 , AN ARC DISTANCE OF 243 .83 FEET , A RADIAL LINE TO SAID POINT BEARS SOUTH 55 °44 '40" WEST; THENCE NON-TANGENT TO SAID CURVE SOUTH 31 °31'11 " WEST, A DISTANCE OF 63 .82 FEET; THENCE SOUTH 90°00 '00 " WEST, A DISTANCE OF 70 .04 FEET; THENCE NORTH 30°38 '52 " WEST, A DISTANCE OF 309.05 FEET; THENCE NORTH 50 °35 '09 " EAST, A DISTANCE OF 62.36 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 571.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 31°02 '41 " WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 21 °13 '14", AN ARC DISTANCE OF 211.48 FEET; 5 OF6 EXHIBIT "D" LEGAL DESCRIPTION TEMPORARY BASIN EASEMENT THENCE NORTH 37 °44 '05 " WEST, A DISTANCE OF 408.66 FEET; THENCE NORTH 52 °15'55" EAST , A DISTANCE OF 16 .85 FEET; THENCE NORTH 32 °01 '27" WEST, A DISTANCE OF 104 .68 FEET; Resolution No . SA-RDA 094 THENCE NORTH 15 °12'05" WEST , A DISTANCE OF 90.22 FEET TO THE NORTHERLY LINE OF SAID EXCEPTION PARCEL ; THENCE ALONG SAID NORTHERLY LINE NORTH 89 °54'28" EAST, A DISTANCE OF 24.86 FEET TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID ADJUSTED PARCEL 9; THENCE ALONG SAID NORTHERLY PROLONGATION SOUTH 15 °12'05" EAST , ALONG THE WESTERLY LINE OF SAID ADJUSTED PARCEL 9, A DISTANCE OF 1.73 FEET, TO THE POINT OF BEGINNING ; SUBJECT TO EXISTING EASEMENTS , COVENANTS , RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 365 ,934 SQUARE FEET OR 8.401 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT 11 8 11 ATTACHED HERETO AND MADE A PART HEREOF . PREPARED BY OR UNDER THE DIRECTION OF: P.L .S . 8223 DATED: s/2s/ZtJ22.. ' I 6 OF 6 EXHIBITE TO EASEMENT AGREEMENT DESCRIPTION AND DEPICTION OF RETENTION BASINS [See Attached] Resolution No . SA-RDA 094 I c:;rl I :5 0 ..... a:: 0 a... Resolution No . SA -RDA 094 EXHIBIT •'E•' TEMPORARY BASIN EASEMENT P.0.8. TEMPORA RY BAS IN ESM T & THE NW COR. OF ADJ . PAR . 9 POR. OF ADJUSTED PARCEL 9 C.0 .C . NO. 05 -01 DOC . #2005-069 6754, REC. 08 /24/200 5, O.R. A PN 694-5 80 -0 1 4 WEST ERL Y LINE OF ADJU STED PARCEL 9 APN 694-200-013 TEMPORARY BASIN EASEMENT 365,934 SQ. FT . 8 .401 AC . EXCEPTION PARCEL C.0.C. NO . 05-01 DOC . #2005-0696754, REC . 08 /24/2005, O.R . APN 694-2 0 0-011 ADJUSTED PARCEL 15 C.0.C. NO. 05-01 DOC . #2005-0696754, REC. 08/24/2005, 0.R. o· 500· ~~ --~ SCALE 1 "=500' APN 694-200-014 1000' i (-) INDICATES REC ORD DATA PER C.O.C. NO . 05-01, OF DOC . NO . 2005-0 696754, O.R . NORT HWESTERLY R/W ~ -TEMPORAR Y BASIN EASEMENT -.J -.J 0 ,'Y ~y ~LA~!c~~~N~~E~Jcl~9o 1s~~ES·c ~ 34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSULTINCINC.COM J .N. 2497 SHEET 1 OF 8 N'LY LINE EXCEPTION PARCEL L30 DETAIL •A• NOT TO SCALE o· 100· ~•w ~ -SCALE 1 "= 100' SEE SHEET 8 FOR LINE AND CURVE DATA TABLES Resolution No. SA -RDA 094 EXHIBIT 1'E" TEMPORARY BASIN EASEMENT P.O.B. TEMPORARY BASIN ESMT & THE NW COR . OF ADJ . \ PAR . 9 WESTERLY LINE OF ADJUSTED PARCEL 9 EXCEPTION PARCEL C.O.C . NO. 05-01 DOC. #2005-0696754 , REC. 08/24/2005, O.R. APN 694-200-011 POR. OF ADJUSTED PARCEL 9 C.O.C . NO . 05-01 DOC. #2005-0696754, REC . 08/24/2005, O.R. APN 694-580-014 TEMPORARY BASIN EASEMENT 365,934 SQ . FT. 8.401 AC . WESTERLY LINE OF ADJUSTED PARCEL 9 VII/A -TEMPORARY BASIN EASEMENT 200' ; ~LA~!c~~L~N~~E;~l>~~,s~~ES·c ~ 34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSUL TINCilNC.COM J.N. 2497 SHEET 2 OF 8 Resolution No . SA-RDA 094 EXHIBIT .,E,, TEMPORARY BASIN EASEMENT WESTERLY LINE OF ADJUSTED PARCEL 9 TEMPORARY BASIN EASEMENT 365,934 SQ. FT. 8.40 1 AC . EXCEPTION PARCEL C.O.C. NO. 05-01 DOC . #2005-0696754 , REC . 08/24/2005, O.R. APN 694-200-011 o· 100· ~ -w --SCALE 1 "=100' SEE SHEET 8 FOR LI NE AND CURVE DATA TABLES 200' , POR. OF ADJUSTED PARCEL 9 C.O.C. NO. 05-01 DOC. #2005-0696754, REC. 08/24/2005 , O.R. APN 694-580-014 s ao·oo 's6 " w R V/1/J -TEMPORARY BASIN EASEMENT >~LA~~G~~~N~~E;J}>~~,s~~ES·c ~ 34200 808 HOPE DRIVE, RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSUL TINCINC.COM J.N. 2497 SHEET 3 OF 8 EXHIBIT •'E•' TEMPORARY BASIN EASEMENT Resolution No. SA -RDA 094 POR. OF ADJUSTED PARCEL 9 C.O.C. NO . 05-01 DOC. #2005-0696754, REC . 08/24/2005, O.R. APN 694-580-014 S 31·35'59 " W R PRC EXCEPTION PARCEL C.O.C. NO. 05-01 DOC . #2005-0696754, REC. 08/24/2005, O.R. APN 694 -200 -011 o· 100· ~----SCALE 1 "= 1 oo· SEE SHEET 8 FOR LINE AND CURVE DATA TABLES TEMPORARY BASIN EASEMENT 365,934 SQ. FT . 8.401 AC . WESTERLY LINE OF ADJUSTED PARCEL 9 (////] -TEMPORARY BASIN EASEMENT 200· l ~LA~!G~~L~N~~E~r1>~9o,s~~ES·G (ill;) 34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSULTINOINC.COM J.N. 2497 SHEET 4 OF 8 Resolut i on No . SA-RDA 094 EXHIBIT .,E., TEMPORARY BASIN EASEMENT EXCEPT ION PARCEL C.O.C. NO . 05-01 DOC . #2005-0696754 , REC . 08/24/2005 , O.R. APN 694-200-011 o· 100· ~ -~ --SCALE 1",..100' SEE SHEET 8 FOR LINE AND CURVE DATA TABLES 200· i POR . OF ADJUSTED PARCEL 9 C.O.C. NO. 05 -0 1 DOC. #2005-0696754, REC . 08/24/2005, O.R. APN 694-200-013 S 57"58'44" W R PRC TEMPORARY BASIN EASEMENT 365,934 SQ . FT . 8.40 1 AC . WESTERLY LINE OF ADJUSTED PARCEL 9 ~ SEE SHEET 6 VII/A -TEMPORAR Y BASIN EASEMENT ~LA~~c~£~N~~E~Jcl~~,s~~ES·c@p) 34200 BOB HOPE DRIVE, RANCHO M I RAGE, CA 92270 760.320.9811 MSACONSULTINCINC.COM J.N. 2497 SHEET 5 OF 8 Resolution No . SA-RDA 094 EXHIBIT ••E•' TEMPORARY BASIN EASEMENT SEE SHEET 5 ~ S 76"51 '08" W R PRC TEMPORARY BASIN EASEMENT 365 ,934 SQ. FT . 8.401 AC . EXCEPTION PARCEL C.O .C. NO. 05-01 DOC. #2005-0696754, REC. 08/24/2005, O.R. APN 694-200-011 N 77"06'54" E R PRC POR. OF ADJUSTED PARCEL 9 C.O.C. NO. 05-01 DOC. #2005-0696754, REC . 08/24/2005, 0.R. APN 694-200-013 WESTERLY LINE OF ADJUSTED PARCEL 9 S 40"14'12" W R PRC ,.._ ,_ w w z (I') w w (I') [////) -TEMPORARY BASIN EASEMENT o· 100· 200· ~~~-~-~~---~--~~~; SCALE 1 "= 1 oo· SEE SHEET 8 FOR LINE AND CURVE DATA TABLES ~LA~~G~~~N~~E;Jc1>~9o's~~~~G ~ 34200 BOB HOPE DRIVE, RANCHO M IRAGE, CA 92270 760.320.981 1 MSACONSULTINCINC.COM J . N . 2 4 9 7 SHEET 6 OF 8 co ..... w w ::c en w w en Resolution No . SA-RDA 094 EXHIBIT "E" TEMPORARY BASIN EASEMENT POR. OF ADJUSTED PARCEL 9 C.O.C. NO. 05-01 DOC. #2005-0696754, REC. 08/24/2005, 0.R. APN 694-200-013 WESTERLY LINE OF' ADJUSTED PARCEL 9 WESTERLY LINE OF' ADJUSTED PARCEL 15 ADJUSTED PARCEL 15 C.O.C. NO . 05-01 DOC. #2005-0696754, REC. 08/24/2005, O.R . APN 694-200-014 S 39' 11 '0.3" E R) o· 100· ~-w -~ TEMPORARY BASIN EASEMENT 365,934 SQ. FT. 8.401 AC. EXCEPTION PARCEL C.O.C. NO . 05-01 DOC . #2005-0696754, REC. 08/24/2005, 0.R. APN 694-200-011 I r 200· [////) -TEMPORARY B~SIN EASEMENT ; SCALE 1 "= 1 oo· 34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSUL Tl NCI NC.COM SEE SHEET 8 FOR LINE AND CURVE DATA TABLES ~LA~~G~~~N~~E~r 1 >~~'sj~ES 0 G ~ J.N. 2497 SHEET 7 OF 8 NO. L1 L2 L3 L4 LS L6 L7 LB L9 L10 L 11 L12 L13 L14 L15 Resolution No. SA-RDA 094 EXHIBIT 1'Ev TEMPORARY BASIN EASEMENT CURVE DATA NO . DELTA RADIUS LENGTH Cl 06"12'44" 866.00 93 .89 C2 14·50•55• 866 .00' 224.43' C3 43"08'03" 434 .00' 326 .73' C4 62'16'13" 50 .00' 54.34' C5 36"52'42" 484 .00' 311 .53' C6 07"32'48" 1266.00' 166.75' C7 07"05 33" 1066.00' 131 .96' 1C8 27"47'21" 154.00' 74 .69 C9 14'33'13" 638 .00' 162.06' C10 27"47'21" 194 .00' 94.09' C11 10·02 33" 503 . 17' 88 .19 C12 26"38'26" 525 .00' 244.11' C13 61'31 '16" 15.00' 16. 11' C14 42"38'52" 474 .00' 352 .82 ' C15 14"50 55" 826.00 214 .06 C16 05·55'03" 821 .00' 85.03' C17 24"07'41" 579 .00' 243.83' C18 21 ·13•14" 571.00' 211 .48' LINE DATA LINE DATA BEARING LENGTH s 15"12'05" E 59.46' s 32"01 '27" E 138 .08' s 68'56'23" E 69 .74' S 25'01 56" E 74.98' S 31'06'49" E 61 .06' S 58"54'10" E 106.28' S 53' 16'24" E 144.10' S 88"12'55" W 105.19' N 44'23'44" W 59 .37' N 02'13'37" E 135 .38' N 48"58 1 44" E 62.39' N 58'54'1 0" W 62 .31 ' N 31'06 '49" W 63 .18' N 25'01 '56" W 20 .21 ' N 84'23 09 " W 48 .58' NO . BEARING LENGTH L16 N 02°13'46" W 67.01' L17 N 50'1 5 '23" E 105.21 ' L18 S 46"31 '02" W 70.18' L19 N 84"22'55" W 51.64' L20 N 05'12'25" E 50.64' L21 N 53"10'31" E 32 .59' L22 N 21"18 1 31" W 91 .82 L23 N 38"47'30" W 124.17' L24 S 31"31'11" W 63.82' L25 s 90·00·00" w 70.04' L26 N 50"35'09" E 62 .36' L27 N 52" 15'55" E 16.85' L28 N 32'01 '27" W 104 .68' L29 N 15"12 '05" W 90.22' L30 N 89'54'28" E 24.86' ~LA~~G~~L~N~~E;Jcl>~~,s~~ES·c ~ 34200 BOB HOPE DRIVE. RANCHO MIRAGE, CA 92270 760.320.9811 MSACONSUL TINCINC.COM J.N. 2497 SHEET 8 OF 8 Resolution No. SA -RDA 094 EXHIBIT F TO EASEMENT AGREEMENT INSURANCE REQUIREMENTS (To be determined)