HomeMy WebLinkAboutTnsfr 123 Acres - APNs 694-200-001 and 694-160-003CITY OF PALM DESERT
UNIVERSITY PLANNING COMMITTEE
STAFF REPORT
REQUEST: APPROVE THE TRANSFER OF APPROXIMATELY 123 ACRES
KNOWN AS A.P.N.(s) 694-200-001, 694-160-003 FROM THE
SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY (SAPDRA) TO THE TRUSTEES OF
THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
SUBJECT TO BY THE STATE DEPARTMENT OF FINANCE
SUBMITTED BY: Martin Alvarez, Director of Economic Development
DATE: April 25, 2013
CONTENTS: Cal State University DDA / First Amendment to DDA
Site Map
Recommendation
By Minute Motion:
1) Approve the conveyance of real property known as A.P.N. 694-200-
001 and portion of 694-160-003 totaling approximately 123 acres from
the Successor Agency to the Palm Desert Redevelopment Agency
(SAPDRA) to the Trustees of the of California State University (CSU)
subject to approval from the State Department of Finance.
2) Approve a requirement that CSU return to the City for a courtesy
review of future development plans.
Background
On November 16, 1999, the former Palm Desert Redevelopment Agency entered into a
Disposition and Development Agreement (DDA) with the Trustees of the California
State University (CSU) to facilitate the future development of the California State
University San Bernardino — Palm Desert Campus (see attached DDA). On March 22,
2001, Amendment No. 1 to the DDA was approved authorizing the sale and transfer of
approximately 55 acres for $0 to CSU to facilitate the construction of infrastructure and
facilities for the establishment of the CSU San Bernardino — Palm Desert Campus. The
First Amendment to the DDA also reserved approximately 125 acres for ten years for
the future implementation of the remaining Palm Desert Campus Master Plan (see
attached site map).
Staff Report
University Planning Committee Transfer of Property to CSU
April 25, 2013
Page 2 of 3
Also memorialized in the amendment was the reservation of approximately 20 acres for
the future development of the University of California Riverside — Palm Desert Campus.
Although the DDA has expired, CSU has continued to express interest in acquiring the
remaining actual 126.32 acres originally reserved in the DDA to facilitate future
implementation of the CSU San Bernardino — Palm Desert Campus Master Plan.
State Department of Finance
On June 29, 2011, the California Governor signed AB X1-26 and AB X1-27, which
required the dissolution of all California redevelopment agencies and authorized the
creation of Successor Agencies to manage former redevelopment agencies' assets and
existing obligations. With the passage of the dissolution bills, all property assets,
including the subject property are now held by the Successor Agency to the Palm
Desert Redevelopment Agency (SAPDRA).
Prior to the transfer or sale of any SAPDRA property, Assembly Bill 1484 requires that
the SAPDRA obtain a Certificate of Completion and receive approval of a Long Range
Property Management Plan. The Certificate of Completion is a review and audit of all
former redevelopment agency funds including housing and redevelopment funds and
assets. Once the audits are complete and accepted by the State Department of
Finance, the SAPDRA can receive its Certificate of Completion (expected in June
2013). The Certificate of Completion will allow the SAPDRA to submit a Long Range
Property Management Plan (LRPMP), which will include the listing of all SAPDRA
properties and their recommended disposition strategies. Disposition strategies can
including selling the land, transferring for public purpose or governmental use.
The SAPDRA plans on submitting the LRPMP to the State Department of Finance in
June 2013. The subject parcels totaling 123.65 acres will be listed and identified on the
LRPMP as governmental use (i.e. educational purpose), with a recommendation to
transfer to CSU. The City also intends to list a 2.67 acre parcel from the remaining
126.32 acres for a future fire station (see attached site map)
G:\rda\Martin Alvarez\2013\SR\UPC\UPC-CSUTransfer4-25-13.doc
Staff Report
University Planning Committee Transfer of Property to CSU
April 25, 2013
Page 3 of 3
Staff recommends that the University Planning Committee approve the transfer of the
approximately 123.65 acres to CSU (see attached site map), once the LRPMP is
approved by the State Department of Finance. In addition, staff recommends that CSU
return to the City for a courtesy review of future development plans.
Submitted By:
artin Alvarez,
Director of Economic Development
Atixoval:
hn M. Wohlmuth, Executive Director
G:\rda\Martin Alvarez\2013\SR\UPC \UPC-CSUTransfer4-25-13.doc
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT ("Agreement"), dated as of
November 16, 1999, is entered into by and between the PALM DESERT REDEVELOPMENT
AGENCY, a public body, corporate and politic (the "Agency"), and THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY ("CSU"), and is executed with reference to the following
circumstances as described herein.
RECITALS
A. The purpose of this Agreement is to effectuate the Redevelopment Plan for Project Area 2 of
the Agency (the "Redevelopment Plan"), in the City of Palm Desert, California, by facilitating
improvements to real property within the Project Area (as defined below).
B . The Redevelopment Plan has been approved and adopted by Ordinance No. 509 of the City of
Palm Desert adopted July 15, 1987.
C. The Agency is a public body, corporate and politic, exercising governmental functions and
powers, and organized and existing under the Community Redevelopment Law of the State of California.
D. CSU, or California State University, is an arm of the State of California, and is governed by its
Board of Trustees. It receives its authority from the California Education Code.
E. Construction of the Project will assist in the elimination of blight in the Project Area, provide
additional jobs, and substantially improve the economic and physical conditions in the Project Area in
accordance with the purposes and goals of the Redevelopment Plan.
F. The land uses specified in this Agreement and the provisions relating to construction of the
Project are consistent with the provisions of the Redevelopment Plan and each of its applicable elements.
G. The Agency and CSU desire to develop the University Campus described below and the related
infrastructure in a coordinated and cooperative manner.
H. CSU's primary mission is to offer undergraduate and graduate instruction through the master's
degree in the liberal arts and sciences and professional education, including teacher education (Education
Code Section 66606). Regional access for students to this instruction is an integral part of CSU's
mission.
I. The Agency is the owner of certain real property (the "Site") generally located at the northeast
corner of Frank Sinatra Drive and Cook Street, within the City of Palm Desert, California, within one mile
of Interstate 10 and four miles from State Route 111. The Site is depicted in Exhibit A , attached hereto
and incorporated by reference herein. For purposes of this Agreement, the Site is composed of
approximately 40 acres. The Site is close to the center of the Coachella Valley. Cook Street and the
interchange on Interstate 10 will provide excellent access to the Site for students residing in the region.
The City of Palm Desert (the "City"), the Agency, and CSU intend to encourage, support and provide for
other means of transportation to the Site including bus, car-pooling and bicycle.
J. In order to accommodate possible development of a separate CSU campus, the City, Agency
and CSU will continue to discuss the potential use of up to 160 acres of land adjacent to the Site.
K . Consistent with its mission, CSU currently operates from the College of the Desert the
Coachella Valley Center of California State University, San Bernardino (the "Center").
L. The Agency, the City, and CSU entered into a Memorandum of Understanding (the "MOU")
dated November 9, 1994, which initiated a process by which CSU would study the feasibility of
relocating the Center from its current location at Ieased quarters at the College of the Desert to the Site.
M. Following execution of the MOU, the City and Agency entered into a cooperative planning
process with CSU to determine mutually acceptable short and long term land uses to occur on the Site.
The process resulted in the adoption by the Coachella Valley Center Master Plan Advisory Committee (the
"Committee") of a Master Plan (the "Master Plan") for the California State University, San Bernardino
Permanent Coachella Valley Off -Campus Center, dated March 1997.
N . As a result of the development of the Master Plan, the Agency and CSU have negotiated this
Agreement, by which the Agency shall convey the Site to CSU, and CSU shall acquire the Site and
relocate the Center to the Site from its current location in leased quarters at the College of the Desert, and
shall construct and equip facilities for the Center on the Site with funds raised through a capital campaign
and a private/public partnership sponsored by California State University, San Bernardino. CSU has
provided to the Agency proof satisfactory to the Agency of its commitment to relocate the Center to the
Site. Such a facility will yield significant educational, cultural, and economic benefits to the Coachella
Valley region.
O. The Agency and CSU desire to enter into this Agreement in order to establish commitments for
the development and provision of public services, public uses, and public infrastructure related to the
development of the Site by CSU. The Agency recognizes the benefit to the region and its citizens of
having CSU acquire and develop the Site. CSU recognizes that it is in the best interests of the state and its
citizens to develop the Site for purposes of its higher education mission.
P. A material inducement to the Agency to enter into this Agreement is CSU's covenant to
construct the Center Improvements on the Site in accordance with the terms of this Agreement.
Q. The City and the Agency served as co -lead agencies for the Environmental Impact Report ("the
EIR") on the proposed uses of the Site as described in the Master Plan, as required by the MOU. The City
and Agency duly considered and certified the EIR as completed on April 22, 1999.
R. The Agency has completed the report required by California Health and Safety Code Section
33433.
S. The Agency and the City held the public hearings required by California Health and Safety
Code Sections 33433 on October 14, 1999.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in
this Agreement the parties hereto agree as follows:
ARTICLE 1 DEFINITIONS.
Section 1.1 Definitions. The following terms as used in this Agreement shall have the meanings
given unless expressly provided to the contrary:
1.1.1 Agency means the Palm Desert Redevelopment Agency, a public body, corporate and
politic, exercising governmental functions and powers, and organized and existing under the Community
Redevelopment Law of the State of California.
1.1.2 Agency Board means the board of directors of the Palm Desert Redevelopment Agency.
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1.1.3 Agreement means this Disposition and Development Agreement.
1.1.4 Center means the Coachella Valley Center of California State University, San
Bernardino, a state sponsored and financed off -campus center of approximately 78,642 square feet of
building improvements, to be developed on the Site, consistent with the Master Plan,
1.1.5 Centex Improvements means any and all buildings, landscaping, infrastructure, utilities,
and other improvements for the Center to be built on the Site or any part thereon, as described in the
Master Plan.
1.1.6 City means the City of Palm Desert, a municipal corporation.
1.1.7 City Council means the City Council of the City of Palm Desert, a municipal
corporation.
1.1.8 Close of Escrow is defined in Section 2.8.
1.1.9 CS U means the Trustees of the California State University, an arm of the State of
California, and receiving its authority from the California Education Code.
1.1.10 Escrow Holder means a licensed escrow company mutually selected by the Agency and
CSU.
1.1.11 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," "extremely hazardous waste," "restricted hazardous waste," "toxic substances;" "pollutant or
contaminant," "imminently hazardous chemical substance or mixture," "hazardous air pollutant," "toxic
pollutant," or words of similar import under any local, state or federal law or under the regulations adopted
or publications promulgated pursuant thereto applicable to the Site, including, without limitation: the
Comprehensive Environmental 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 Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; and the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq. 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 172.101) or by the Environmental
Protection Agency as hazardous substances (40 CFR Part 302) and in any and all amendments thereto in
effect as of the date of the close of any escrow; oil, petroleum, petroleum products (including, without
limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or
synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any
substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including
any source, special 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 formaldehyde foam insulation; transformers or other equipment which contain dielectric
fluid containing levels of polychlorinated biphenyl's; radon gas; or any other chemical, material or
substance (i) which poses a hazard to the Site, to adjacent properties, or to persons on or about the Site,
(ii) which causes the Site to be in violation of any of the aforementioned laws or regulations, or (iii) the
_presence of which on or in the Site requires investigation, reporting or remediation under any such laws or
regulations.
1.1.12 Improvements means any and all buildings, landscaping, infrastructure, utilities, and
other improvements to be built on the Site, or any part thereof, and shall mean both the Center
Improvements and/or the University Campus Improvements.
1.1.13 Master Plan has the meaning set forth in Recital L.
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1.1.14 Opening of Escrow means, the date upon which Escrow Holder receives a fully
executed copy of this Agreement, pursuant to Section 2.4.
1.1.15 Planning Committee means the University Planning Committee, as defined in Section
4.2.
1.1.16 Project means CSU's development of the Site with the improvements and operation
thereof as described in this Agreement and the Master Plan.
1.1.17 Reserve Property means certain real property depicted in Exhibit A, attached hereto and
incorporated herein by reference, which is contemplated to be developed by CSU.
1.1.18 Site means that certain real property depicted in Exhibit A, attached hereto and
incorporated herein by reference, which shall be or is contemplated to be developed by CSU. For
purposes of this agreement, the Site is composed of approximately 40 acres.
1.1.19 University Campus shall mean the fully independent, full service, branch campus of
the California State University that may be developed on the Site,. plus approximately 160 acres that are
adjacent to the Site that is currently owned by the Agency.
ARTICLE 2 PURCHASE AND SALE OF THE SITE.
Section 2.1 Transfer of the Site. Subject to and in accordance with the terms and conditions
hereinafter set forth, the Agency agrees to transfer to CSU, and CSU agrees to accept from the Agency,
fee simple title to the Site, including all water, mineral, oil, gas, and geothermal rights to said parcel, and
including the right to extract the same from said parcel, to the extent such mineral rights are owned by the
Agency. The parties shall cooperate with each other to develop a mutually acceptable legal description of
the Site and the Reserve Parcel prior to the date that the Site is transferred by Agency to CSU.
Section 2.2 Modification in Area of the Site. CSU may request an increase of the size of the Site,
beyond the 40 acres, and the Agency agrees to consider such request provided that CSU has submitted all
documents requested by the Agency for such consideration. Agency's discretion in considering this
request shall be sole and absolute with no obligation by the Agency to grant such a request. In addition in
accordance with Recitals A and r, the Agency will reserve the 160 acres (the "Reserve Property") adjacent
to the Site for a period of 10 years, such that it can be used for a CSU campus, if one should be built.
Therefore, Agency shall not sell, lease, transfer or otherwise encumber Reserve Property for a period of
10 years, except if the City, the Agency and the CSU all agree upon a mutually compatible temporary land
use for Reserve Property.
Section 2.3 Purchase Price. The purchase price for the Site to be paid by CSU (the "Purchase Price")
shall be the sum of $0.
Section 2.4 Condition of the Site.
2.4.1 Prior to and during the escrow period, CSU is granted permission to enter onto the Site
for the purpose of inspecting the Site, including testing the soil. CSU shall indemnify, hold harmless, and
defend the Agency against and hold the Agency and the Site harmless from, all losses, costs, damages,
liabilities, liens, and expenses, including, without limitation, reasonable attorneys' fees, arising out of
such entry and activities by CSU and its agents, employees, or contractors, prior to the Close of Escrow,
except to the extent any such losses, costs, damages, liabilities, and expenses arise out of the gross
negligence or willful acts of the Agency and/or the City. At any time during its inspection of the Site, but
within 55 calendar days of the opening of escrow, CSU shall approve or disapprove of the condition of
the Site. If CSU disapproves the condition the Site this Agreement and the Escrow shall terminate. CSU
shall provide to the Agency its approval or disapproval in writing.
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2.4.2 The Agency shall convey the Site to CSU in an "as is" "where is" condition, without
any warranty whatsoever to CSU as to the condition of any portion of the Site, including whether the Site
contains any Hazardous Materials. CSU shall rely upon its own inspection of the Site and CSU's own
determination as to whether the physical condition of the Site shall be suitable for CSU's purposes. CSU
acknowledges and agrees that:
2.4.2.1 The Agency has made no representation or warranty with respect to the
Site except for those representations and warranties contained in this Agreement, and that prior to
the Close of the Escrow, the Agency will make no representations and warranties with respect to
the Site, other than those contained in this Agreement.
2.4.2.2 CSU is purchasing the Site with the ultimate objective constructing new
improvements thereon.
2.4.2.3 CSU's decision to purchase the Site shall be based on the results of
CSU's analysis and the reports it shall obtain prior to the Close of Escrow.
2.4.2.4 The Agency has made no representation or warranty as to the accuracy
or completeness of any reports and other materials prepared by any persons, and CSU is not
relying on the accuracy and completeness of any reports and other materials prepared by persons
other than CSU, its agents, or contractors.
2.4.2.5 Except as specifically provided in this Agreement, the Agency has made
no representation or warranty with respect to the use, fitness for a particular reason, zoning, value,
improvements, square footages or any other condition of the Site.
Except for the Agency's representations, warranties and covenants contained in this
Agreement, CSU is purchasing the Site in AS -IS, "WHERE-IS""WITH WITH ALL FAULTS."
CSU agrees that the Agency has no obligation to remedy any faults, defects, or other adverse conditions
described in any report or other material obtained by CSU or delivered by the Agency to CSU, including
the remediation of any Hazardous Material on the Site.
Section 2.5 Opening and Closing of Escrow. Within 10 days after CSU's approval of this
Agreement, the Agency and CSU shall cause an escrow (the "Escrow") to be opened with Escrow Holder
for the transfer of the Site by the Agency to CSU. The Agency and CSU shall deposit with Escrow
Holder a fully executed duplicate original of this Agreement, which shall serve as the escrow instructions.
The Agency and CSU shall provide such additional escrow instructions as shall be necessary and
consistent with this Agreement. Escrow Holder is authorized to act under this Agreement and to carry out
its duties as Escrow Holder hereunder. Escrow shall close within 60 days after the opening of the
Escrow, unless an extension of time is mutually agreed to.
Section 2.6 Condition of Title: Title Insurance.
2.6.1 Promptly following the execution of this Agreement by both Parties, the Agency shall
order from a title company mutually acceptable to the Agency and CSU (the "Title Company"), for
delivery to CSU and to the Agency, a preliminary report for an ALTA Owner's Standard Coverage Policy
of Title Insurance for the Site, setting forth all liens, encumbrances, easements, restrictions, conditions,
pending litigation, judgments, administrative proceedings, and other matters affecting the Agency's title to
the Site, together with copies of all documents relating to title exceptions referred to in the Preliminary
Report (collectively, the "the Site Preliminary Report.") CSUshallapprove or disapprove each exception
shown on the Site Preliminary Report within 55 calendar days following the receipt of the Site Preliminary
Report. Notwithstanding the foregoing, the Agency shall be under no obligation to remove any
encumbrance to title, but the Agency agrees to cooperate in good faith with CSU in CSU's efforts to
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eliminate any encumbrance to title, provided the Agency is not obligated to pay any sums to the holder of
such encumbrance to obtain the release thereof.
2.6.2 The Agency shall provide an ALTA survey of the combined Site and the Reserve Parcel
to CSU ("Survey") concurrently with the parties' full execution of this Agreement. Subject to the terms
of Section 2.6.1 above, CSU shall approve or disapprove each encroachment, overlap, or boundary line
dispute, or any other matter that materially and adversely affects title to the Site or that violates any law,
rule, or regulation reflected on the Survey (each an "Exception") within 30 days after receiving said ALTA
Survey or after the Opening of the Escrow, whichever is later. Any such Exception that CSU disapproves
is termed a "Disapproved Exception."
If CSU is unable to obtain a discharge, satisfaction, release, or termination of a
Disapproved Exception, or if the Agency does not elect to do so, then CSU shall have the right, within 60
days of the Opening of Escrow, to:
2.6.2.1 waive the Disapproved Exception and proceed with Closing the Escrow,
accepting title to the Site subject to the Disapproved Exception, or
2.6.2.2 terminate this Agreement, in which event both CSU and the Agency
shall be relieved of all further obligation and liability to each other under this Agreement and all the
funds and documents deposited with Escrow Holder shall be promptly refunded or returned, as the
case may be, by Escrow Holder to the depositing party, less reasonable escrow cancellation fees;
or
2.6.2.3 ask Agency for an extension of time to do further investigation prior to
making a decision, which request shall not be unreasonably withheld by Agency.
2.6.3 Upon satisfaction of the conditions to convey title to the Site, the Agency shall convey
title of the Site to CSU by Grant Deed. Title to the Site shall be conveyed subject to (i) all title exceptions
affecting the Site shown on the Preliminary Title Report for the Site approved by CSU, (ii) the covenants,
conditions and restrictions benefiting and burdening the Site as described in this Agreement, and (iii) any
other matters which arise out of the actions of CSU or its agents and representatives ("Permitted
Exceptions") but including all water, mineral, oil, gas, and geothermal rights to said parcel, including the
right to extract the same from said parcel held by the Agency, if any. The Agency shall use reasonable
efforts to cause any disapproved exceptions to be removed by the Close of Escrow (so long as such
exception may be removed without the Agency being obligated to pay any sums to the holder thereof), but
if the Agency is unable to remove any disapproved non -monetary title exceptions, then the Agency shall
not be in breach hereof but CSU shall have the right to terminate this Agreement.
2.6.4 At the Close of Escrow, CSU may, at CSU's sole cost and expense, purchase a CLTA
or an ALTA Owner's Standard Coverage Policy of Title Insurance, issued by the Title Company, in favor
of CSU, insuring that title is vested in CSU free and clear of all liens, easements, covenants, conditions,
restrictions, and other encumbrances of record, other than the Permitted Exceptions for the Site. CSU may
obtain one or more extended coverage policies of title insurance or special endorsements at its own cost.
Section 2.7 Escrow Charges. CSU shall be responsible for paying (i) all Escrow charges, and (ii) all
recording fees, documentary and local transfer taxes that are legally applicable to a transaction wherein
CSU is the transferee.
Section 2.8 Co ditions to Close of Escrow. The obligations of the Agency and CSU under this
Agreement to close the escrow for the conveyance of the Site, shall be subject to the satisfaction or waiver
of each of the following conditions:
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therefrom.
2.8.1 CSU shall have committed, in writing, to relocate the Center to the Site and to operate it
2.8.2 The representations and warranties of the Agency and CSU contained in this Agreement
shall be true and correct as of the Close of Escrow.
2.8.3 The Agency shall have delivered all documents required to be delivered by the Agency
pursuant to Section 7.1 hereof.
2.8.4 The Title Company shall have issued a commitment to issue a Policy of Title Insurance,
as required herein, on the Close of Escrow, subject only to the Permitted Exceptions on the Site, with
liability equal to such sum as requested by CSU, showing the Site vested in CSU.
If the foregoing conditions are not satisfied, and Escrow has not closed, by June 30, 2000,
then either the Agency or CSU shall have the right to terminate this Agreement.
Section 2.9 Deposits into Escrow. The Agency agrees to deliver to Escrow Holder prior to the
Close of Escrow, the following instruments and documents, the delivery of each of that shall be a
condition of the Close of the Escrow:
2.9.1 A Grant Deed, duly executed and acknowledged by the Agency, conveying a fee simple
interest in the Site to CSU. Said Grant Deed shall be in the form attached hereto as Exhibit B;
2.9.2 The Agency's affidavit as contemplated by California Revenue and Taxation Code
§ 18662 ("Withholding Affidavit");
2.9.3 A Certification of Non -Foreign Status in accordance with I.R.C. Section 1445 (the
"FIRPTA Certificate"); and
2.9.4 Such proof of the Agency's authority and authorization to enter into this transaction as
the Title Company may reasonably require in order to issue CSU's policy of title insurance.
Section 2.10 Escrow's Closing Actions. On the Close of Escrow, Escrow Holder shall close
Escrow as follows:
2.10.1 Record the Grant Deed (marked for return to CSU) with the Riverside County
Recorder;
2.10.2 Obtain conformed copies of all instruments so recorded, bearing the County Recorder's
file marks, and deliver a copy of same to the attorneys for the Agency and CSU;
2.10.3 Issue the Title Policy, or cause the Title Company to issue the Title Policy, to CSU,
with CSU as the insured;
2.10.4 If applicable, prorate any taxes, assessments, rents, and other charges, if any, as of the
Close of Escrow, if and to the extent CSU shall be liable for payment thereof after the Close of Escrow.
2.10.5 Charge CSU for those costs and expenses to be paid by CSU under the terms of the
Escrow and disburse any net funds remaining after the preceding disbursements to CSU;
2.10.6 Prepare and deliver to both CSU and the Agency one signed copy of Escrow Holder's
closing statement showing all receipts and disbursements of Escrow; and
2.10.7 Deliver to CSU the FIRPTA Certificate and the Withholding Affidavit:
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Section 2.11 Additional Provisions. The Agency and CSU may execute additional appropriate escrow
instructions if necessary as prepared by the Escrow Holder, which are consistent herewith. If there is any
inconsistency between the terms hereof and the terms of the additional escrow instructions, the terms
hereof shall control unless an intent to amend the terms hereof is expressly stated in such instructions.
Any amendment of these escrow instructions shall be in writing and signed by both the Agency and CSU.
At the time of any amendment, Escrow Holder shall agree to carry out its duties as escrow holder under
such amendment. Escrow Holder is instructed to send copies of notices, demands and communications
between the Agency and CSU to or from the Agency or to or from CSU, to both parties to the addresses
and in the manner established in Section 7.1 of this Agreement.
ARTICLE 3 USE, MAINTENANCE, AND NON-DISCRIMINATION OBLIGATIONS.
Section 3.1 Use of Property. CSU agrees that it shall use the Site only for operation of the Center or
as part of the University Campus (if it should be built), until the date that is 25 years after the conveyance
of the Site to CSU, and for no other purpose whatsoever, except as provided herein, and in all cases
consistent with the Master Plan. Notwithstanding the foregoing, CSU may lease or license the operation
of retail, commercial, restaurant and service uses as defined by CSU's mission and Education Code 89046
that are incidental to and directly supportive of the operation of the Center or the University Campus, as
applicable, and to the extent that are customarily associated with similar universities. Such permitted uses
include, but are not limited to, a student union, student housing, bookstore, and food concessionaires
and/or restaurants.
Section 3.2 Name. CSU agrees (i) that the words "Palm Desert" shall be included, in perpetuity, in
the name of the Center, and (ii) if the University Campus shall be built, that the name of the University
Campus shall be "California State University, Palm Desert," unless the City. and CSU negotiate a mutually
agreeable alternative or unless a different name is designated beyond the University's control.
Section 3.3 CSU shall begin physical construction of at least the first building of the Center
Improvements within 5 years after transfer of the Site to CSU and plans to complete the Center
Improvements within 15 years of said transfer.
Section 3.4 Agency's Reversion Rights With Respect to the Site.
3.4.1 If CSU does not commence construction of the first building of the Center on the Site
within 5 years after transfer of the Site to CSU, then, at the option of the Agency, the Site shall be subject
to reversion to the Agency following 180 days' notice to CSU and if CSU does not cure such default prior
to the end of such 180 day period, then this Agreement shall terminate and be of no further force or effect.
The unimproved Site shall revert to the Agency, free and clear of any and all liens and encumbrances that
may have been created by or with the approval of CSU, other than utility easements and reasonable access
easements, and this Agreement shall terminate and be of no further force or effect, and the Agency will be
free to use or dispose of such unimproved parcel. In such event, CSU shall execute a grant deed to the
Agency conveying fee title to such land, free and clear of all liens and encumbrances created or permitted
by CSU other than utility easements and reasonable access easements. The Agency agrees that any
reversionary rights hereunder shall be subordinate and inferior to any other than utility easements and
reasonable access easements.
Section 3.5 Restriction on CSU's Transfer of the Site and Rights and Obligations Under this
Agreement. CSU shall not convey, sell, encumber, hypothecate, lease or otherwise transfer (collectively,
"Transfer") the Site or any portion thereof, or this Agreement, or any interest therein, without the prior
written consent of the Agency, which consent may or may not be given in the sole and absolute discretion
of the Agency, except as provided in Section 3.1.
Section 3.6 Expiration of ovenants and Conditions. Notwithstanding the foregoing, however, any
and all covenants and conditions set forth in Sections 3.1 and 3.5 of this Agreement shall terminate as to
8
the Site in its entirety on the date that is 25 years after transfer of the Site if not specified to terminate
sooner.
Section 3.7 Obligation to Refrain from Discrimination. CSU covenants and agrees for itself and its
successors and assigns, and for every successor in interest to the Site, or any part thereof, and to its rights
under this Agreement, that there shall be no discrimination against or segregation of any person, or group
of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, and CSU
shall not 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, subleases, or vendors
of the Site or any portion thereof.
Section 3.8 Form of Nondiscrimination and Non -Segregation Clauses. CSU shall refrain from
restricting the rental, sale or lease of the Site or any portion thereof, on the basis of sex, age, handicap,
marital status, race, color, religion, creed, ancestry or national origin of any person. All deeds, leases or
contracts shall contain or be subject to substantially the following nondiscrimination or non -segregation
clauses:
1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors,
administrators 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 sex, marital status,
race, age, handicaps color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any
person claiming under or through him, 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, subleases or vendors in the land herein conveyed. The foregoing covenants shall run with the
land."
2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators
and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons on
account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry, in the
leasing, subleasing, transferring, use, or enjoyment of the land herein leased, nor shall the lessee himself,
or any person claiming under or through him, 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, sublesses, subtenants or vendees in the land herein leased."
3 . In contracts relating to the sale or transfer of the Site, or any interest therein: "There shall be no
discrimination against or segregation of any person or group of persons on account of sex, marital status,
race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming
under or through him, 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,
sublesses or vendees of the land."
Section 3.9 Restrictive Covenants. CSU agrees that the covenants and agreements set forth in the
above Sections 3.1 through 3.8 shall burden the Site and shall rim with the land for the benefit of the
Agency and its successors and assigns, and that the same shall remain in effect in perpetuity unless stated
otherwise within the specific terms set out above. The Agency and its successors -in -interest may obtain
'by appropriate legal action specific performance of these covenants and restrictions and injunctive relief
prohibiting the breach of such covenants and restrictions. The Grant Deed regarding the Site shall set forth
the restrictive covenant on the Site as required by Section 3.8, above, restricting and burdening the Site, as
9
set forth in this Article. Such restrictive covenants shall be in a form and in substance that shall be subject
to the approval of CSU and the Agency; shall provide that the restrictive covenants shall remain in effect in
perpetuity (unless stated otherwise within the specific terms set out above); and shall provide that the
restrictive covenant shall be enforceable by the Agency and its successors -in -interest by appropriate legal
action for specific performance of their covenants and restrictions and for injunctive relief prohibiting the
breach of their covenants and restrictions.
ARTICLE 4 DEVELOPMENT OP THE PROJECT.
Section 4.1 Development of the Center. CSU shall develop, or cause to be developed, the Center on
the Site, in accordance with the Master Plan, and any and all federal, state and local laws, rules and
regulations (to the extent applicable to CSU) in connection with such construction, and all terms,
conditions and requirements of this Agreement.
Section 4.2 University Planning Committee. CSU shall establish the University Planning Committee
(the "Planning Committee") whose charge will be to review all interim and permanent development
proposed for the Site, advising and recommending action to the President of Califomia State University,
San Bernardino, regarding land owned by the State. The Planning Committee will review proposed
developments prior to submission for action. The Committee shall also review and comment upon
proposed revisions to the Master Plan.
The Planning Committee will be composed of eleven (11) members. Five (5) will be identified by the
Mayor of Palm Desert. Five (5) will be identified by the President of California State University, San
Bernardino. The Mayor and the President will jointly identify the l lth member, who will be the Chair.
The President shall formally appoint the Committee.
Section 4.3 Air Emissions. CSU will work with the South Coast Air Quality Management District
(SCAQMD) to minimize its impact upon the air quality of the Coachella Valley region. CSU intends to
maintain its leadership position in reducing air emissions of noxious gases and other air pollutants. CSU
is committed to mitigation measures related to regional and project impacts upon air quality.
Section 4.4 Compliance by Contractors. CSU shall require contractors to take appropriate measures
necessary to reduce construction related impacts upon local traffic, air quality and noise.
Section 4.5 Brosion Control. CSU shall implement erosion control measures to protect against the
impacts of construction and project generated urban runoff.
Section 4.6 Safety. CSU shall coordinate campus development with local law enforcement and fire
protection agencies, and establish a campus office of public safety as the University Campus develops.
Once established, the office would enter into mutual aid agreements with appropriate local agencies, as
required by law.
Section 4.7 Community. CSU shall work with the City and the Agency, and other local agencies, to
develop programs for reducing impacts of campus development with respect to housing, air quality,
traffic, public services and noise. CSU shall coordinate initial Center and University Campus
development with local school districts, community colleges, and other public independent colleges and
universities in the region. CSU shall coordinate toxic materials disposal plans and procedures with any
necessary agencies. CSU shall coordinate campus efforts with the community concerning alternative
powered vehicle use and ride sharing programs.
Section 4.8 Cost of Construction. The cost of constructing the Project, including the costs for
developing and constructing the Center Improvements thereon, and the cost of all infrastructures on the
site, shall be the sole responsibility of CSU.
10
Section 4.9 Local. State and Federal Laws. CSU shall carry out the construction of the Center
Improvements on the Site in conformity with all laws applicable to CSU, including all applicable federal
and state occupation, safety and health standards, including prevailing wage laws and public bidding
requirements.
Section 4.10 Anti -discrimination During Construction. CSU, for itself and its successors and
assigns, agrees that it shall not discriminate against any employee or applicant for employment because of
age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the
construction of the Center Improvements, as required by law.
Section 4.11 Taxes. Assessments, Encumbrances and Liens. CSU shall pay when due to the extent
CSU is obligated to do so, all real property taxes and assessments, if any, assessed or levied on the Site
from and after its acquisition by CSU.
Section 4.12 No Agency Created. In performing this Agreement, CSU not the agent of the Agency
or the City. The Agency and the City are not agents of CSU. Neither the Agency nor the City shall have
any responsibility whatsoever for payment to any contractor or supplier of CSU. CSU shall not have any
responsibility whatsoever for payment to any contractor or supplier of the Agency or the City.
ARTICLE 5 EVENTS OF DEFAULT. REMEDIES AND TERMINATION.
Section 5.1 Defaults --Definition.
Occurrence of any or all of the following breaches shall constitute a default ("Event of Default")
under this Agreement:
5.1.1 A breach of any material term of this Agreement by any Party not involving the payment
of money, and failure of such Party to cure such breach within the time period stated, or if no cure
period is stated, then within thirty (30) days after the non -defaulting Party has given notice to the
defaulting Party; provided, however, if such breach is not reasonably curable within such thirty
(30) day period, then such Party shall be deemed in Default only if such Party does not commence
to cure such breach within such thirty (30) day period and thereafter fails to diligently pursue a cure
of such breach to completion unless the provision breached provides otherwise;
5.1.2 The Agency's failure or refusal to provide any requested approvals without good faith,
legitimate reason which could cause CSU to be deemed in breach of this Agreement or default or
threat thereof;
5.1.3 Any breach of this Agreement by any Party involving the payment of money, and the
continuance of such breach for a period of thirty (30) days after the non -defaulting Party has given
written notice to the defaulting Party, as specified in Section 7.1.
It is specifically acknowledged that any breach by the City, the Agency or CSU, of any other agreement
between CSU and the Agency or the City, shall be a breach hereof and of each other agreement between
CSU and the Agency or the City, and any breach hereof shall be a breach by CSU, the Agency or the City,
as applicable, of each other agreement between CSU and the Agency or the City.
Section 5.2 Remedies in the Event of Default. In the event of a Default by any Party, the non -
defaulting Party shall have the right to terminate this Agreement by delivering written notice thereof to the
defaulting Party and to Escrow Holder, subject to the rights of the defaulting Party to cure such Default as
provided above. Such Party may also seek against the defaulting Party any available remedies at law or
equity, including but not limited to, the right to receive damages or to pursue an action for specific
performance.
11
Section 5.3 No Personal Liability. No representative, agent, attorney, consultant, or employee of the
Agency shall personally be liable to CSU or any successor in interest of CSU, in the event of any Default
or breach by the Agency, or for any amount which may become due to CSU or any successor in interest,
on any obligation under the terms of this Agreement. No representative, agent, attorney, consultant, or
employee of CSU shall personally be liable to the Agency or any successor in interest of the Agency, in
the event of any Default or breach by CSU, or for any amount which may become due to the Agency or
any successor in interest, on any obligation under the terms of this Agreement.
Section 5.4 tights and Remedies are Cumulative. The rights and remedies of the parties are
cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same time or different times, of any other rights or remedies for the same default
or any other default by the non -defaulting Party.
Section 5 5 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any
of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights
or remedies, or deprive either such Party of its rights to institute and maintain any actions or proceedings
which it may deem necessary to protect, assert or enforce any such rights or remedies. The acceptance by
a Party of less than the full performance from the other Party shall not constitute a waiver of such Party's
right to demand and receive the full amount due, unless such Party executes a specific accord and
satisfaction.
ARTICLE 6 INDEMNITY.
Section 6.1 CSU' s Indemnity. From and after the date of recordation of a grant deed to CSU with
respect to of the Site, CSU shall indemnify, defend, protect, and hold harmless the Agency and the City,
and their agents, employees, attorneys, and representatives, from and against all losses, liabilities, claims,
damages, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable
attomey's fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or
in connection with:
(i) the development of the Center Improvements on of the Site or the use, ownership,
management, occupancy, or possession of the Site,
(ii) any of CSU's activities on of the Site (or the activities of CSU agents, employees,
Iessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent
contractors on of the Site),
except to the extent such losses or liabilities are caused by the negligence or conduct of the Agency or the
City or its agents or contractors. CSU shall defend, at CSU's • expense, including attorneys' fees and ,
costs, the Agency and the City, and the Agency's and the City's council members, board members,
officers, employees, agents, attorneys, and consultants, in any legal action or threatened legal action
(including arbitrations and mediations) based upon such alleged acts or omissions. The Agency and the
City may in their discretion participate in the defense of any such legal action.
Section 6.2 Agency's Indemnity. The Agency shall indemnify, defend, protect, and hold harmless
CSU, and its agents, employees, attorneys, and representatives, from and against all losses, liabilities,
claims, damages, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable
attomey's fees) and demands of any nature wbatsoever, related directly or indirectly to, or arising out of or
in connection with of the Site with respect to matters occurring on of the Site prior to the recordation of the
grant deed by the Agency, except to the extent such losses or liabilities are caused by the negligence or
conduct of CSU or its agents or contractors. The Agency shall defend at the Agency's expense, including
attorneys' fees and costs, CSU and CSU's board members, officers, employees, agents, attorneys, and
consultants, in any legal action or threatened legal action (including arbitrations and mediations) based
12
upon such alleged negligence. CSU may in its discretion participate in the defense of any such legal
action.
ARTICLE 7 GENERAL PROVISIONS.
Section 7.1 Notices. All notices and demands shall be given in writing by certified mail, postage
prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the
earlier of (a) personal delivery or (b) 2 business days following after deposit or delivery shown on the
return receipt in the United States mail, postage prepaid, certified or registered, return receipt requested. A
copy of all notices shall be sent to Escrow Holder. 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:
The Agency:
With a copy to:
CSU:
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)
Richards, Watson & Gershon
A Professional Corporation
333 South Hope Street, 38th Floor
Los Angeles, California 90071
Attention: Jeffrey A. Rabin and William L. Strausz
(Telephone: 213-626-8484)
(Facsimile: 213-626-0078)
Mr. David DeMauro
Vice President for Administration and Finance
California State University, San Bernardino
5500 University Parkway
San Bernardino, California 92407
(Telephone: 909-880-5130)
(Facsimile: 909-880-7032)
With a copy to: Ms. Elisabeth Sheh Walter
University Counsel
Office of General Counsel
The California State University
401 Golden Shore, 4th Floor
Long Beach, California 90802
(Telephone: 562-951-4500)
(Facsimile: 562-951-4956)
Section 7.2 Construction. The Parties agree that each Party and its counsel have reviewed and revised
this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the
drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits
thereto. This Agreement shall be construed as a whole according to its fair language and common meaning
to achieve the objectives and purposes of the Parties.
13
Section 7.3 Force Majeure. Notwithstanding anything to the contrary in this Agreement, CSU's
unexcused material failure to complete the Center Improvements required to be completed according to this
Agreement, and/or the Master Plan shall be a breach hereof, provided, however, nonperformance shall be
excused when performance is prevented or delayed by reason of any of the following forces reasonably
beyond the control of such party: (i) war, insurrection, riot, flood, severe weather, earthquake, fire,
casualty, acts of public enemy, governmental restriction, litigation, acts or failures to act of any
governmental agency or entity, including the Agency, or (ii) inability to secure necessary labor, materials
or tools, strikes, lockouts, delays of any contractor, subcontractor or supplier. In the event of an
occurrence described in clauses (ii) and (ii) above, such nonperformance shall be excused and the time of
performance shall be extended by the number of days the matters described in clauses (i) and (ii) above
prevent or delay performance.
Section 7.4 Interpretation In this Agreement the neuter gender includes the feminine and masculine,
and singular number includes the plural, and the words "person" and "party" include corporation,
partnership, firm, trust, or association wherever the context so requires.
Section 7.5 Time of the Essence. Time is of the essence of this Agreement.
Section 7.6 Warranty Agai st Payment of Consideration for Agreement. CSU, the Agency and the
City, warrant that they have not paid or given, and will not pay or give, to any third person, any money or
other consideration for obtaining this Agreement, other than normal costs of conducting business and costs
of professional services such as architects, engineers and attorneys.
Section 7.7 Entire Agreement, Waivers and Amendments. The Agreement may be executed in
duplicate originals. Escrow Holder may accept escrow instructions in counterparts. This Agreement,
together with all attachments and exhibits hereto, and all agreements executed pursuant hereto, constitutes
the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements
between the Parties with respect to the subject matter hereof, No subsequent agreement, representation or
promise made by either Party hereto, or by or to any employee, officer, agent or representative of either
Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. No
person is authorized to make, and by execution hereof CSU and the Agency acknowledge that no person
has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement,
statement, representation or promise made by any such person which is not contained herein shall be valid
or binding on CSU or the Agency.
Section 7.8 5everability. Each and every provision of this Agreement is, and shall be construed to be,
a separate and independent covenant and agreement. If any term or provision of this Agreement or the
application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to circumstances other than those to which it is
invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall
be valid and shall be enforced to the extent permitted by law.
Section 7.9 Headings. All section headings and subheadings are inserted for convenience only and
shall have no effect on the construction or interpretation of this Agreement. The references in this
agreement to "Section" shall refer to the sections of this Agreement unless it is clear from the context that
another meaning is intended.
Section 7.10 No Third Party Beneficiaries other than the City. The City shall be a named third party
beneficiary of this Agreement. This Agreement is made and entered into for the sole protection and benefit
of the Agency and CSU, the City and their successors and assigns. No other person shall have any right
of action based upon any provision of this Agreement.
14
Section 7.11 Governing Law: Jurisdiction: Service of Process. This Agreement and the rights of the
Parties shall be governed by California law, The Parties consent to the exclusive jurisdiction of the
California Superior Court for the County of Riverside. If any legal action is commenced by CSU against
the Agency, or by Agency against CSU, service of process on the Agency shall be made by personal
service upon the executive director or secretary of the Agency, or in such other manner as may be provided
by law. If any legal action is commenced by Agency against CSU, service of process on CSU shall be
made by personal service on the President of the Board of Trustees of CSU, or in such other manner as
may be provided by law. CSU agrees, for the benefit of the Agency, that it shall designate an agent for
service of process in the State of Califomia in the mannez prescribed by law, and if it fails to do so, the
State Attorney General of the State of California is designated as agent for CSU, with full authority to
receive such service of process on its behalf, which designation and authorization shall survive the Close
of Escrow and be irrevocable.
Section 7.12 Survival. The provisions hereof shall not terminate but rather shall survive any
conveyance hereunder and the delivery of all consideration.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year
first above written.
"CSU":
"The Agency"
THE TRUSTEES OF THE CALIFORNIA PALM DESERT REDEVELOPMENT
STATE UNIVERSITY
By:�i
Dr. Charles Reed
Chancellor
By:
AGENCY, a public body, corporate and politic
Robert A. Spiegel
Chairperson
15
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
j• SS.
On November 16, 1999 , before me, Sabine S. Ghobriel, Notary Public
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public-)
personally appeared Dr. Charles Reed
SABINE 5. GHOBRI13.
Commission # 1230522 i
Notary Public -California
Los Angeles County
My Comm. Expires Jul 30. 2 XJ3
Place Notary Seal Above
and Robert A. Spiegel
Name(s) of Stpner(s)
0 personally known to me
it proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Blare
subscribed to the within instrument and
acknowledged to me that lie,/they executed
the same ' in#kt:atltheir authorized
capacity(ies), and that by )b /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 of o'tai v
OPTIONAL
Though the Information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Disposition and Development Agreement
Document Date: November 16. 1999
Number of Pages: 15
Signer(s) Other Than Named Above: Sheila R. Gilligan, E.1 i saheth Sheh Wa1 ter
Capacity(ies) Claimed by Signer
Signer's Name: Dr. Chart PS Rued
O Individual
and Rnhprt A. Spiag-1
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Attorney in Fact
O Trustee
❑ Guardian or Conservator
❑ Other: Dr. Charl ec Reed, CSTI, ChanrPl for
Robert A. Spiegel, Palm Desert Redevelopment Agency
Signer Is Representing:
RIGHTTHUMBPRJNT
OF SIGNER
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Chairperso
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:: 7
EXHIBIT B
FORM OF GRANT DEED
Recording Requested by:
Palm Desert Redevelopment Agency
And when recorded return to
and mail tax statements to:
David DeMauro
Vice President of Business and Finance
The California State University, San Bernardino
5500 University Parkway,
San Bernardino, California 92407-2397
Assessor's Parcel Map No.:
Exempt from Recording Fees Pursuant to G.C. 6103
GRANT DEED
The undersigned grantor(s) declare(s):
Documentary transfer tax is $
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic
hereby GRANTS to
THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
the following described real property, including all water, oil, mineral, gas, and geothermal
rights, and including the right to extract the same from said real property, if and to the extent any
such rights are held by the Grantor (collectively, the "Property") located in the City of Palm
Desert, County of Riverside, State of California:
See Exhibit A attached hereto and incorporated herein by
reference.
Attorneys:Walter:SAN BERNARDINO:Coachella/L94-0210: DDA drafts:deed 10/27/99 -1- rc
SUBJECT TO, all easements, covenants, conditions, restrictions, and rights of way of record.
RESERVING AND EXCEPTING THEREFROM,
1. This Grant of the Property is subject to the Redevelopment Plan for Project Area
of the Palm Desert Redevelopment Agency and pursuant to a Disposition and
Development Agreement (the "Agreement") entered into by and between Grantor and Grantee
dated , 1999, the terms of which are incorporated herein by reference. A copy of the
Agreement is available for public inspection at the offices of the Grantor, 73-510 Fred Waring
Drive, Palm Desert, California 92260. The Property is conveyed further subject to all easements,
rights of way, covenants, conditions, restrictions, reservations and all other matters of record.
2. Grantee agrees that it shall use the Property only for operation of the Center or as part of
the University Campus (if it should be built) (as such terms are defined in the Agreement) until
the date that is 25 years after the date of recordation hereof, and for no other purpose whatsoever,
except as provided herein, and in all cases consistent with the Master Plan (as defined in the
Agreement). Notwithstanding the foregoing, Grantee may lease or license the operation of retail,
commercial, restaurant and service uses as defined by the Grantee's mission and Education Code
Section 89046 that are incidental to and directly supportive of the operation of the Center or the
University Campus, as applicable, and to the extent that are customarily associated with similar
universities. Such permitted uses include, but are not limited to, a student union, student housing,
bookstore, and food concessionaires and/or restaurants.
3. Grantee agrees (i) that the words "Palm Desert" shall be included, in perpetuity, in the
name of the Center, and (ii) if the University Campus shall be built, that the name of the
University Campus shall be "California State University, Palm Desert," unless the City of Palm
Desert and the Grantee negotiate a mutually agreeable alternative or unless a different name is
designated beyond the Grantee's control.
4. The Grantee shall begin physical construction of at least the first building of the Center
Improvements (as defied in the Agreement) within 5 years the recordation hereof, and the
Grantee plans to complete the Center Improvements within 15 years after the date of recordation
hereof.
5. If the Grantee does not commence construction of the first building of the Center on the
Property within 5 years after transfer of the Property to the Grantee, then, at the option of the
Grantor, the Property shall be subject to reversion to the Grantor following 180 days notice to
the Grantee and if the Grantee does not cure such default prior to the end of such 180 day period,
then this Agreement shall terminate and be of no further force or effect. The unimproved
portions of the Property shall revert to the Grantor, free and clear of any and all liens and
-2- rev. 10/11/99
encumbrances that may have been created by or with the approval of the Grantee, other than
utility easements and reasonable access easements, and this Agreement shall terminate and be of
no further force or effect, and the Grantor will be free to use or dispose of such unimproved
parcel. In such event, the Grantee shall execute a grant deed to the Grantor conveying fee title to
such land, free and clear of all liens and encumbrances created or permitted by the Grantee other
than utility easements and reasonable access easements. The Grantor agrees that any
reversionary rights hereunder shall be subordinate and inferior to any other than utility easements
and reasonable access easements.
6. The Grantee shall not convey, sell, encumber, hypothecate, lease or otherwise transfer
(collectively, "Transfer") the Property or any portion thereof, or any interest therein, without the
prior written consent of the Grantor, which consent may or may not be given in the sole and
absolute discretion of the Grantor except as provided in Section 3.1 of the Agreement and
Section 2 of this Grant Deed.
7. Notwithstanding the foregoing, however, any and all covenants and conditions
set forth in Sections 2 and 6 of this Grant Deed and the Agreement shall terminate as to the
Property in its entirety on the date that is 25 years after the date of recordation hereof, if not
specified to terminate sooner.
8. By acceptance hereof, Grantee agrees, for itself, its successors and assigns, to
refrain from restricting the rental, sale or lease of the Property on the basis of race, color, creed,
religion, ancestry, sex, marital status, national origin or age of any person in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee
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 in the Property. The foregoing covenants shall run with the land.
9. All deeds, leases or contracts entered into with respect to the Property shall contain or be
subject to. substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself,
his or her heirs, executors, administrators 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, creed, religion, national origin, sex, marital
status, age or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land herein conveyed, nor shall the grantee himself or herself, or any
person claiming under or through him or her, 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 in the
land herein conveyed. The foregoing covenants shall run with the land."
Attomeys:Walter:SAN BERNARDINO:Coachella/L94-0210: DDA drafts:deed 10/27/99 -3- re
(b) In leases: "The lessee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming under or
through him or her, and this lease is made and accepted upon and subject to the following
conditions: That there be no discrimination against or segregation of any person or group
of persons, on account of age, race, color, creed, religion, sex, marital status, national
origin, or ancestry, in the leasing, subleasing, transferring, use or occupancy, tenure or
enjoyment of the land herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, 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, sublessees, subtenants or vendees in the land herein
leased."
(c) In contracts: "There shall be no discrimination against or segregation
of, any person, or group of persons on account of race, color, creed, religion, age,
national origin, sex, marital status or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself or
any person claiming under or through him or her, 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
land.
f,
10. All covenants contained in this. Grant Deed shall run with the land and shall be
binding for the benefit of Grantor and its successors and assigns and such covenants shall run in
favor of the Grantor and for the entire period during which the covenants shall be in force and
effect, without regard to whether the Grantor is or remains an owner of any land or interest
therein to which such covenants relate. The Grantor, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies provided herein or
otherwise available, and to maintain any actions at law or suits in equity or other property
proceedings to enforce the curing of such breach. The covenants contained in this Grant Deed
shall be for the benefit of and shall be enforceable only by the Grantor and its successors and
assigns.
11. All notices and demands shall be given in writing by certified mail, postage
prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given
upon the earlier of (a) personal delivery or (b) 2 business days following after deposit or delivery
shown on the return receipt in the United States mail, postage prepaid, certified or registered,
return receipt requested. A copy of all notices shall be sent to Escrow Holder. 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:
-4- rev. 10/11/99
Grantor: 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, Watson & Gershon
A Professional Corporation
333 South Hope Street, 38th Floor
Los Angeles, California 90071
Attention: Jeffrey A. Rabin and William L. Strausz
(Telephone: 213-626-8484
(Facsimile: 213-626-0078)
Grantee:
Mr. David DeMauro
Vice President for Administration and Finance
California State University, San Bernardino
5500 University Parkway
San Bernardino, California 92407
(Telephone: 909-8 8 0-5130)
(Facsimile: 909-880-7032)
With a copy to: Ms. Elisabeth Sheh Walter
University Counsel
Office of General Counsel
The California State University
401 Golden Shore, 4th Floor
Long Beach, California 90802
(Telephone: 562-951-4500)
(Facsimile: 562-951-4956)
Attorneys:Walter:SAN BERNARDINO:Coachella/L94-0210: DDA drafts:deed 10/27/99 -5- rc
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth
below.
Dated:
State of California
PALM DESERT REDEVELOPMENT
AGENCY, a public body, corporate and
politic
By:
Chairman
Attest:
Secretary
}
}
County of }
On , 19 , 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 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)
rev. 10/11/99
FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into as of the 22 day of March , 2001, by and between the
PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"),
and THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, an entity of the State of
California ("CSU"), with respect to the following facts:
RECITALS
A. The Agency and CSU entered into a Disposition and Development Agreement dated as
of November 16, 1999 (the "Agreement"), with respect to that certain real property located in the City of
Palm Desert, County of Riverside, State of California. Capitalized terms not otherwise defined herein
shall have the meanings ascribed to them in the Agreement.
B. The Agreement provided for the conveyance of at least forty (40) acres of that certain
real property owned by the Agency to CSU, located at the northeast corner of Frank Sinatra Drive and
Cook Street within the City of Palm Desert, California (the "Site"), within one mile of Interstate 10 and
four miles from State Route 1 11, so that CSU may relocate the Coachella Valley Center of California
State University, San Bernardino from its former location in leased quarters at the College of the Desert
to the Site.
C. Pursuant to the Agreement, the parties agreed to designate the size and location of the
Site to be conveyed and by subsequent Grant Deed, Agency conveyed approximately fifty (55) acres to
CSU, which real property constitutes the current Site.
D. The Agreement further provided for the reservation by the Agency to CSU of
approximately one hundred sixty (160) acres of real property which is located adjacent to the Site and is
owned by the Agency (the "Reserve Property") for a period of ten (10) years, so that the Reserve
Property can be used for a CSU campus, if one should be built. Because the size of the Site was
expanded from 40 to 55 acres, the Reserve Property now consists of approximately 145 acres. A plot
plan map of the Site and the Reserve Property is attached hereto as Exhibit A and incorporated by
reference herein.
E. CSU and The Regents of the University of California, Riverside ("UCR") entered into a
Memorandum of Understanding on March 21, 2000 (the "MOU"), whereby CSU has agreed to release its
option rights with respect to a portion of the Reserve Property, which rights are set forth in Section 2.2 of
the Agreement, in order to allow for the construction and development of an International Center for
Entrepreneurial Management (the "Center") within the A. Gary Anderson Graduate School of
Management of the University of California, Riverside and related facilities on a portion of the Reserve
Property by the Richard J. Heckmann Foundation ("Heckmann"). Pursuant to the MOU, the Center will
include facilities that will be available for joint use by UCR and CSU.
E. Pursuant to and in accordance with Paragraph E of the MOU, the Agency and CSU
desire to amend the Agreement in order to reduce the amount of the Reserve Property from one hundred
P6402\0001\616309.4 rev. 3/05/01
forty-five (145) to one hundred twenty-five (125) acres so that UCR and Heckmann may utilize the
remaining twenty (20) acres, which are legally described on Exhibit B attached hereto and incorporated
herein by this reference, for construction of the Center and other related improvements thereon.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein
by this reference, it is agreed by the parties hereto as follows:
1. Recital J. The following language shall hereby be substituted in lieu of, and shall
supersede and replace in its entirety, the language set forth in Recital J of the Agreement:
"In order to accommodate possible development of a separate CSU
campus, the City, Agency and CSU will continue to discuss the potential
use of up to one hundred twenty-five (125) acres of land adjacent to the
Site."
2. Modification in Area of the Site. The following language shall hereby be substituted in
lieu of, and shall supersede and replace in its entirety, the language set forth in Section 2.2 of the
Agreement:
"Pursuant to CSU's request, and for all purposes hereunder, the size of the Site
was and is increased to fifty-five (55) acres and the Reserve Property similarly
reduced to one hundred forty-five (145) acres. Pursuant to a Memorandum of
Understanding with the University of California, Riverside, dated March 21,
2000 (the "MOU"), CSU agreed to reduce the size of the Reserve Property
further by releasing approximately twenty (20) acres for UCR's development as
described in the MOU. Therefore, in accordance with Recitals A and J of this
Agreement, as amended, the Agency will reserve the balance of the Agency
property consisting of approximately one hundred twenty-five (125) acres
(hereinafter, the ".Reserve Property") adjacent to the Site for a period of ten (10)
years from the date of the Agreement, such that it can be used for a CSU
campus, if one should be built. The Agency shall not sell, lease, transfer or
otherwise encumber the Reserve Property for a period of ten (10) years from the
date of the Agreement, except if the Agency and CSU agree in writing upon a
mutual release of any of the Reserve Property or a mutually compatible
temporary land use for the Reserve Property."
3. University Planning Committee. The following language shall hereby be substituted in
lieu of, and shall supersede and replace in its entirety, the language set forth in Section 4.2 of the
Agreement:
CSU shall establish the University Planning Committee (the "Planning Committee") whose
charge will be to review all interim and permanent development proposed for the Site and the
Reserve Property. The Planning Committee will review proposed developments prior to
submission for action. The Planning Committee shall also review and comment upon proposed
revisions to the Master Plan. The Committee will provide advice and recommendations to the
President of California State University, San Bernardino, regarding development on the property
P6402\0001\616309.4 rev. 3/05/01 Page 2 of 5
owned by the California State University, and to the Chancellor of University of California at
Riverside regarding the property owned by UCR.
The Planning Committee will be composed of thirteen (13) members. Five (5) will be identified
by the Mayor of Palm Desert, five (5) will be identified by the President of CSU, and two (2)
will be identified by the Chancellor of the University of California, Riverside. The Mayor, the
President of CSU and the Chancellor of UCR will jointly identify the 13th member, who will be
the Chair.
4. Event of Conflict. In the event of conflict or inconsistency between the terms and
conditions of the Agreement and the terms and conditions of this Amendment, the terms and conditions
of this Amendment shall control.
5. All Other Provisions of Agreement to Remain in Effect. All of the other remaining
provisions of the Agreement, and the terms, conditions and covenants contained therein, do hereby
remain in full force and effect and shall not be amended, modified or in any way affected hereby.
[Signature page follows]
P6402\0001\616309.4 rev. 3/05/01 Page 3 of 5
IN WITNESS WHEREOF, the authorized representatives of the Agency and CSU hereby
execute this Amendment as of the date and year first above written.
"CSU"
"The Agency"
THE TRUSTEES OF THE CALIFORNIA PALM DESERT REDEVELOPMENT
STATE UNIVERSITY
By:
Yier-•••4
Dr. Charles Reed
Chancellor
By:
Approved as to form:
Richards, Watson & Gershon,
a professio} 1 corporation
t. SYi-ausz, Agency Attorney
AGENCY, a public body, corporate and politic
P6402\0001\616309.4 rev. 3/05/01 Page 4 of 5
Carlos L. Ortega
Executive Director
TTEST:
Sheila R. Gilligan
Agency Secretary
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On i-(-i-1 , 2001, before me 1\i o "P,tr t✓iu tve.,.14,4->%.';a , personally appeared CARLOS L.
ORTEGA, personally known to me (or proved to me on the basis of satisfactory 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 instrument the person or the entity on
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CIFOG{ IAA
COUNTY OF
s.
)
)
14.11.4641"1"6"1"1"16416416.0.1NOREEN BOUCHARD
Omission # 123978
i _ ?obit- CaliforniaRiv
:. .' ; Notary?obit
County >r
flyC.onm.B Oct28,2C 3
On /7 , 2001, before me, personally appeared DR.
CHARLE REED, personally known to me (or proved to me on the basis of satisfactory 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 instrument the person or the entity on
behalf of which the person acted, executed the instrument.
WITNESS my hand and offi ial seal.
STATE OF CALIFORNIA
)ss.
COUNTY OF dFwoEER.niP1+�'Dl 0,
)
)
GVJCNDOLYN SMITH
rrU, p� „4,� Comm. #1184048 /�
" f NOTARY PUBLIC • CALIFORNIA Vi
�� s % Los Angeles County
�s' My Comm. Expires May 18, 2002 lc
On t �1t l`,Q� !3 , 2001, before me,CA 11 F.,01J UR.R..O-ltt ' / personally appeared ALBERT K.
KARNIG, personally known to me (or proved to me on the basis of satisfactory 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 instrument the person or the entity on
behalf of which the person acted, executed the instrument.
TNESS my hand and official seal.
Notary Public
P640210001\616309.4 rev. 3/05/01
Page 5 of 5
CARMEN MURILLO-MOYEDA
Commission* 1288at0
Notary Public - California
San Bernardino County "
MyCa n.Expi s.ksn26,2C05
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EXHIBIT A
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MARCH 02, 2001
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EXHIBIT B
LEGAL DESCRIPTIONS
c
67
N/'/22 E J229.T0'
67
SCALE 1 "=300'
R.S. 103/68-69
4
GO
N89 495 E 783.33'
APPROVED BY CITY OF PAY D6S'ERT
law S CATCLSW CITY &VCR DATE
RCS 42133 AXP. 3-31-01
FRANK
LEGEND
- - -- PROPERTY TO BE
DEEDED.
SINA TRA
PREPARED BY:
M •
Sb0 E. O..we a *.Suc 2611 23.7$0 7w°.u..,RSA.a.01
La ....20.114 10022 A... Ots,..CA 17210
323.725.77AS 160.773.11{00
MR•321.721-2322 i0.I.710.773.1103
11.47ACRES
,V89'30.32E
DRIVE
265259'
/ --
LINE AND CURVE DATA
NO.
BRG. i DELTA
RADUS
LENGTH
ci
N89°49'59"E
—
92.52'
O
NO° 10'01 "W
—
81.00'
0
N89°49'59"E
—
234.71'
Ga
S87°03'59"E
—
480.80'
Q
N89°50'32"E
—
205.00'
0
NOO°09'28"W
—
660.76'
Q
S23°41'17"E
—
127.63'
SOO°09'28"E
—
272.86'
0
S89°50'32"W
- —
857.22'
0
44°52'35"
965.50'
756.22'
C.
84°58'49"
34.50'
51.17'
0
23°31'49"
447.00'
183.57'
ca
41°48'52"
34.50'
25.18'
UCR HECKMANN CENTER
DEED PLAT
D&CRIP170N POR. SBC7'ION 34
SEC. 34 , T. 4 S., 5 E, S.B.M.
MAT 1
0f I
FILE R6f:
01-704
• LEGAL DESCRIPTION
All that portion of Section 34, in Township 4 South, Range 6 East, San Bernardino
Meridian, in the County of Riverside, State of California, described as follows:
Beginning at the Northwest comer of Section 3, Township 5 South, Range 6 East, San
Bernardino Meridian, in the County of Riverside, State of California, which bears
S89°49'59"W 783.33 feet from the Southeast corner of Section 33, Township 4 South,
Range 6 East, San Bernardino Meridian;
Thence N89°49'59"E 92.52 feet along the South line of said Section 33;
Thence NO°10'O1"W 81.00 feet to a line that is parallel with and distant 81.00 feet
Northerly from said South Iine of Section 33; said point being shown on a Record of
Survey recorded in Book 103, Pages 68 and 69, of Records of Survey of said County;
Thence N89°49'59"E 234.71 feet along said parallel line and the Northerly right of way
of Frank Sinatra Drive;
Thence S87°03'59"E 480.80 feet;
Thence N89°50'32"E 205.00 feet to the True Point of Beginning;
Thence NO°09'28"W 660.76 feet to the beginning of a non tangent curve concave
Northeasterly and having a radius of 965.50 feet; a radial line of said curve through said
point bears S26°12'28"W;
Thence Easterly 756.22 feet along said curve through an angle of 44°52'35" to the
beginning of a tangent curve concave Southwesterly and having a radius of 34.50 feet;
Thence Southeasterly 51.17 feet along said curve through an angle of 84°58'49";
Thence S23°41'17"E 127.63 feet to the beginning of a tangent curve • concave
Southwesterly and having a radius of 447.00 feet;
Thence Southerly 183.57 feet along said curve through an angle of 23°31'49";
Thence SO°09'28"E 272.86 feet to the beginning of a tangent curve concave
Northwesterly and having a radius of 34.50 feet;
Thence Southwesterly 25.18 feet along said curve through an angle of 41°48'52" to a
point on the Northerly right of way of said Frank Sinatra Drive;
Thence non tangent to said curve S89°50'32"W 857.22 feet along
way to the True Point of Beginning;
The parcel described herein contains 11.467 acres, more or less.
6T
P.D.B.
4i3
NO.
tr
L2
0
V
R.S. 103/68-69
•
T.P.O.Q
Nd9 t979 E
Q4 '
8.54ACRES
33i34
RING ROAD
R = 912.50'
,149•5077 E 265259'
FRANK SINATRA DRIVE
LINE AND CURVE DATA
BRG. / DELTA
N89°49'59"E
NO° 10'01 "W
N89°49'59"E
N42° 11'33"E
500°09'28"E
S89°50'32"W
N87°03'59"W
S89°49'59"W
RADIUS
LENGTH
92.52'
81.00'
82.84'
998.61'
660.76'
205.00'
480.80'
151.8T
cr J I1°31'45" I 965.50' I 194.28'
APPROYED 8Y 077 OF PALM DESERT
IUS3'PH S CAUOS7! CITY ENCR DATE
BC.& 18138 E27'. 39 3/-01
PREPARED Br:
SCALE I "=300'
• ^
3403 C .rc 1m.law 10t
0.7J•710 hnr.,01. Tow 1p
t■■ aa17t C• 10077 wc. °co..C* 93340
J7J•7ri•I7c6 1fo•773•6.00
ranJ73.771•7321 r•■•/to•773•ssol
LEGEND
PROPERTY TO BE
DEEDED
UCR NECK' ANN CENTER
DEDPLAT
DESCRPI7ON POR. SECTIONS 33 & 34
SEC. 33-34 , T. 4 S., R. 6 E., S.B., ..
SHEET I
OP I
ME at:
01-704
LEGAL DESCRIPTION
All that portion of Sections 33 and 34, in Township 4 South, Range 6 East, San
Bernardino Meridian, in the County of Riverside, State of California, described as
follows:
Beginning at the Northwest comer of Section 3, Township 5 South, Range 6 East, San
Bernardino Meridian, in the County of Riverside, State of California, which bears
S89°49'59"W 783.33 feet from the Southeast corner of said Section 33;
Thence N89°49'59"E 92.52 feet along the South Iine of said Section 33;
Thence NO°10'01"W 81.00 feet to a line that is parallel with and distant 81.00 feet
Northerly from said South line of Section 33; said point being shown on a Record of
Survey recorded in Book 103, Pages 68 and 69, of Records of Survey of said County;
Thence N89°49'59"E 82.84 feet along said parallel line and the Northerly right of way of
Frank Sinatra Drive to the True Point of Beginning;
Thence N42°11'33"E 998.61 feet to the beginning of a non tangent curve concave
Northeasterly and having a radius of 965.50 feet; a radial line of said curve through said
point bears S37°44' 14"W;
Thence Southeasterly 194.28 feet through an angle of 11°31'45";
Thence non tangent to said curve SOO°09'28"E 660.76 feet to a point on the Northerly
right of way of said Frank Sinatra Drive;
Thence S89°50'32"W 205.00 feet along said Northerly right of way;
Thence N87°03'59"W480.80 feet;
Thence S89°49'59"W 151.87 feet to the True Point of Beginning;
The parcel described herein contains 8.537 acres, more or less.
Date:
4/2013
UCR Transfer
m CAL STATE SAN BERNARDINO
PARCELA - UNIVERSITY OF CALIFORNIA RIVERSIDE
REDEVELOPMENT AGENCY CITY OF PALM DESERT
IMMI
it . ii PALM DESERT CITY BOUNDARY
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�������� UCR Transfer ��
i ��-'�""� m CAL STATE SAN BERNARDINO
";�; ��� ,�� PARCELA-UNIVERSITY OF CALIFORNIARIVERSIDE
�� � Date: O REDEVELOPMENT AGENCY CITY OF PALM DESERT "
';,�-M,,�� 4IZO�3 � � ��pALM DESERT CITY BOUNDARY �����