HomeMy WebLinkAboutHA34970A - Aqustn Drainage Easemnt - APN 622-360-015CONTRACT NO. HA34970A
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AUTHORIZE THE ACQUISITION OF A DRAINAGE EASEMENT IN THE
AMOUNT OF $25,000 PLUS COSTS TO FACILITATE THE
ACQUISITION FOR THE BENEFIT OF PROPERTY OWNED BY THE
PALM DESERT HOUSING AUTHORITY (APN 622-360-015).
SUBMITTED BY: JANET M. MOORE, DIRECTOR OF HOUSING
DATE: February 25, 2016
CONTENTS: Draft Grant of Easement
Description of Drainage Improvements
Certificate of Acceptance
Draft Easement Purchase and Sale Agreement
Recommendation
By Minute Motion, that the Authority Board:
1) Authorize the acquisition of an easement for drainage (more particularly described in
Exhibit B to the draft Easement Purchase and Sale Agreement) for the benefit of
certain property owned by the Authority (APN 622-360-015), in the amount of
$25,000 plus an additional $5,000 for ancillary costs to acquire and record the
easement; and
2) Authorize legal counsel to finalize the easement and applicable agreements that will
facilitate the acquisition from the owner of that certain real property more fully
described in Exhibit A to the draft Easement Purchase and Sale Agreement (also
known as APN 622-311-037); and
3) Appropriate $30,000.00 to Housing Asset Fund account number 8738640-4400100.
Expenditures will be reimbursed from the 2007 Housing Bond pursuant to the approved Housing
Bond Proceeds Funding Agreement.
Executive Summary
The Authority desires to acquire a permanent easement for drainage for the benefit of certain
property owned by Authority (APN 622-360-015 previously identified as 622-020-096), behind
the Desert ARC facility, and to facilitate the improvement of such property (the "Project").
Discussion
In January of 2016, the Authority Board approved the draft Ground Lease and Regulatory
Agreement with Allied Affordable Housing, LLC ("Allied") for a long-term lease of the property
located behind Desert ARC of approximately 1.83 acres known as (APN 622-360-015
previously identified as 622-020-096).
Staff Report
Authorize the Acquisition of a Drainage Easement to benefit Authority property (APN 622-360-015)
February 25, 2016
Page 2
Allied proposes to develop a 36 unit affordable housing project for adults with special needs,
including developmental disabilities. In order to develop the Project and meet the drainage
requirements, it will be necessary to acquire a permanent easement over a portion of an
adjacent property owned by James and Darcy Esposito ("Owner") (APN 622-311-037) for the
purposes of drainage.
In consideration of the grant of easement the Owner will receive $25,000 along with the
installation of certain drainage improvements more particularly described in Exhibit "D" to the
draft Grant of Easement. Allied will be required to install the improvements as part of the
development of the Project. In the event Allied is not able to develop the Project the Owner
understands that the drainage improvements may not occur until the Authority develops the
property. The Authority will pay for the easement plus the ancillary costs to acquire and record
the easement, up to $5,000, which includes any recording fees, escrow fees, title reports and
costs customary to such transactions in Riverside County.
Staff understands that the easement is necessary for the Project to move forward and therefore
recommends approval of the acquisition of the easement and its related costs to record the
easement.
Fiscal Analysis
The fiscal impact of this request is the cost of the easement plus any ancillary costs to acquire
and record the easement. In the event the Project does not move forward with Allied, the
drainage improvements identified may have to be done from another funding source identified
by the Authority at that time.
Submitted by:
4f,M. Moore, Director of Housing
Approval:
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Paul S. on, Director of Finance
hn M. Wohlmuth, Executive Director
Mark Grp
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RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:
Palm Desert Housing Authority
c/o City Clerk Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
FREE RECORDING:
This instrument is for the benefit of Palm Desert Housing
Authority, and is entitled to be recorded without fee or
tax. (Govt. Code 6103, 27383 and Rev. & Tax Code
11922)
APN: 622-311-037 Above Space for Recorder's Use
GRANT OF EASEMENT
(Drainage)
JAMES V. ESPOSITO AND DARCY L. ESPOSITO ("Grantor"), FOR
VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby grants
to PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic
("Grantee"), its agents, representatives, successors and assigns a permanent
easement for drainage purposes over, on, under, in, across, along and through that
portion of Grantor's property more particularly described in Exhibit "A", and "B"
attached hereto ("Easement Area").
1. Use of the Easement Area for drainage purposes includes the right to
construct, operate and maintain drainage facilities within the Easement Area.
2. This easement is permanent and is for the use and benefit of the Grantee,
and its sucessors and assigns, as the owner of the property described in Exhibit "C"
("Grantee's Property").
3. Grantee shall provide to Grantor not less than seventy-two (72) hours prior
notification regarding the commencement of any construction activities with respect to
the initial construction of drainage improvements affecting the Easement Area (the
"Drainage Improvements"). The Drainage Improvements, and the related improvements
and alterations, will be substantially as set forth on Exhibit "D". Any and all
construction activities shall be at Grantee's sole expense and in compliance with all
applicable laws. Grantee shall maintain any drainage facilities and improvements made
to the Easement Area at all times in good condition, appearance, repair and in such
manner not to interfere with Grantor's use and enjoyment of its real property adjacent to
the Easement Area. The Parties acknowledge that, at Grantee's election, the Drainage
Improvements (and the related improvements and alterations), may not occur until the
development of Grantee's Property.
77802.00000\24448318 1 1
4. No building improvements may be located upon the surface of the
Easement Area. [Improvements on the surface of the Easement Area shall be
limited to landscaping (sod or shrubs but not trees)]. Grantee shall have a right of
access to the Easement Area for repair and maintenance purposes. In the event any
such repair and maintenance disturbs the surface of the Easement Area, Grantee will
restore the surface of the Easement Area with landscaping to a condition reasonably
similar to that which existed prior to such repair and maintenance. Without Grantee's
prior written consent (which Grantee may grant or withhold in its sole discretion),
Grantor shall not alter in any way the level of the surface of the Easement Area from
that which exists following completion by Grantee of construction of the Drainage
Improvements.
5. Grantee shall defend, indemnity and hold Grantor and its agents, partners
and lenders ("Grantor Parties"), free and harmless from and against any and all
claims, damages, costs, liens, judgments and attorneys' and consultants' fees
("Claims") resulting from or arising out of the construction of the Drainage
Improvements and placement thereof within the Easement Area and for negligent or
willful misconduct by Grantee, its agents, contractors and employees ("Grantee
Parties") with respect to the operation and maintenance of the Facilities. The foregoing
indemnity shall not apply to the extent that any such Claims are ultimately established
by a court of competent jurisdiction or by binding arbitration to have been caused by or
a result of the negligence or willful misconduct of the Grantor Parties, or any of them. In
any case, action or proceeding brought against the Grantor Parties resulting from or
arising out of the foregoing matters, Grantor shall notify Grantee in writing and Grantee
shall defend the same at Grantee's expense and Grantor will cooperate in such
defense.
6. Grantor shall defend, indemnity and hold Grantee and the Grantee Parties
free and harmless from and against any and all Claims resulting from or arising out of
the construction of the Drainage Improvements and placement and operation thereof
within the Drainage Easement with respect to negligent or willful misconduct by Grantor
or any of the Grantor Parties. The foregoing indemnity shall not apply to the extent that
any such Claims are ultimately established by a court of competent jurisdiction or by
binding arbitration to have been caused by or a result of the negligence or willful
misconduct of the Grantee Parties, or any of them. In any case, action or proceeding
brought against the Grantee Parties resulting from or arising out of the foregoing
matters and the claimed negligent or willful misconduct of the Grantor Parties with
respect thereto, Grantee shall notify Grantor in writing and Grantor shall defend the
same at Grantor's expense and Grantee will cooperate in such defense.
7. No amendment to this Easement shall be effective unless made in writing
and executed by both Grantor and Grantee.
8. This Easement is made under and shall be construed in accordance with
and governed by the laws of the State of California.
[Signature on Following Page]
77802 00000\24448318 1 2
DATED:
, 2016 GRANTOR:
James V. Esposito
Darcy L. Esposito
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF
On before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. (Seal)
Signature
77802.00000\24448318 1 3
CONSENT TO EASEMENT
("Lien Holder") is the current holder of the
beneficial interest under a Deed of Trust dated and recorded
as Document No. , Records of Riverside
County, California ("Lien"). Lien Holder hereby consents to the granting of the
Easement to which this Consent is attached, to PALM DESERT HOUSING
AUTHORITY, a public body, corporate and politic, its successors and assigns and
Lien Holder hereby agrees that in the event of a foreclosure of the Lien, the Easement
shall survive such foreclosure and remain binding upon the subject real property and all
subsequent owners thereof.
Executed as of this day of , 2016.
LIEN HOLDER
a
By:
Its:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF
On before me,
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
77802.00000\24448318 I 4
EXHIBIT "A" and "B"
EASEMENT AREA LEGAL DESCRIPTION
Exhibit 1
77802 00000\24448318 1
EXHIBIT A
THE WESTERLY 10.00 FEET, AS MEASURED AT RIGHT ANGLES, OF LOT 11 OF TRACT 25373 AS
FILED IN MAP BOOK 224 PAGES 98 AND 99 IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 8, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN IN THE CITY OF
PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID PROPERTY LYING WITHIN THE PUBLIC
ROADWAY KNOWN AS PALM COURT.
SAID EASEMENT CONSISTS OF APPROXIMATELY 236 SQUARE FEET.
EXHIBIT B IS HEREBY ATTACHED HERETO BY THIS REFERENCE AND MADE A PART HEREOF.
EXHIBIT B
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TRACT NO. 25373
LOT 11 MB 224/98, 99
N 89'40'59 "E 105.92'
LOT 12
Civil Engineering
Land Surveying
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EXHIBIT "C"
BENEFITTED PROPERTY LEGAL DESCRIPTION
All that certain real property situated In the County of Riverside, State of California, described as
follows:
PARCEL 1A
The Southerly 323.50 feet of the West 7-1/2 acres of the West 15 acres of the Northeast quarter
of the Northwest quarter of Section 8, Township 5 South, Range 6 East, of the San Bernardino
Meridian, In the City of Palm Desert, County of Riverside, State of California, according to an
official plat of said land filed In the District Land Office.
PARCEL 2A
An Easement for pedestrian and vehicular access for construction and emergency access
purposes over that portion of the West 7-1/2 acres of the West 15 acres of the Northeast quarter
of the Northwest quarter of Section 8, Township 5 South, Range 6 East, San Bernardino
Meridian, In the City of Palm Desert, County of Riverside, State of California, according to an
official plat of said land filed In the District Land Office, described as follows:
Commencing at the West 1/16 corner of said Section 8,said corner being on the centerline of
Country Club Drive, said corner also being the Northwest corner of the West 7-1/2 acres of the
West 15 acres of the Northeast quarter of the Northwest quarter of said Section 8;
Thence along the West line of the West 7-1/2 acres of the West 15 acres of the Northeast
quarter of the Northwest quarter of said Section 8, S 0°10'27" W 124.00 feet;
Thence S 89°49'33" E 33.88 feet to the East line of that certain easement to the City of Palm
Desert for public roadway purposes described In Document No. 2003-461172, recorded June
23, 2003, records of said County of Riverside, and to the True Point of Beginning;
Thence S 89°49'33" E 30.28 feet;
Thence S 0°13'14" E 873.45 feet to a line parallel with and 323.50 feet Northerly of the South
line of the West 7-1/2 acres of the West 15 acres of the Northeast quarter of the Northwest
quarter of said Section 8;
Thence along said parallel line S 89°41'04" W 24.00 feet;
Thence N 0°13'14" W 831.65 feet;
Thence N 89°49'33" W 8.74 feet to the East line of said easement to the City of Palm Desert
per Document No. 2003-461172,and to the beginning of a curve concave to the Northwest
having a radius of 187.50 feet, a radial line through said beginning of curve bears S 81°07'08"
E;
Thence Northerly 28.49 feet along said East line and along said curve through a central angle of
8°42"25";
Thence continuing along said East line N 0°10'27" E 13.62 feet to the True Point of Beginning.
Exhibit 2
77802 00000\24448318 1
EXHIBIT "D"
DESCRIPTION OF DRAINAGE IMPROVEMENTS
AND RELATED IMPROVEMENTS
1. An approximately 10 foot section of block wall along the property line of the
parties of the Easement Area will be replaced with a similar block wall but with cut outs
at the grade level to provide drainage. The re -constructed portion of the block wall will
be grouted in with cement and the wall will be re -stuccoed and re -painted to provide
minimal differentiation between the remaining old block wall and the new block wall.
2. All existing vegetation on the Grantor's property will remain, except the
bougainvillea growing on the wall that will be replaced with a hedge of Ficus.
3. The Grantee will plant a hedge of Ficus (spaced a maximum of 30 inches apart)
on Grantee's side of the block wall along the entire property line between Grantor's and
Grantee's property. The Ficus will be maintained at a height of 8-10 feet. Additionally,
Grantee will plant, adjacent to said block wall along property line four Washingtonia
palm trees with a minimum height of 10 feet.
Exhibit 2
77802 00000\24448318.1
A.P.N. A portion of 622-311-037
CERTIFICATE OF ACCEPTANCE
(Gov. Code 27281)
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant of
Easement from JAMES V. ESPOSITO AND DARCY L. ESPOSITO, to THE PALM
DESERT HOUSING AUTHORITY, a public body, corporate and politic, to which this
certificate is attached, is hereby accepted by order of the Authority Board on behalf of
the Authority pursuant to Minute Motion of the Authority Board on February 25, 2016,
the Grantee consents to the recordation thereof by its duly authorized officer.
Date:
PALM DESERT HOUSING AUTHORITY
A public body, corporate and politic
By:
Robert Spiegel, Chairman
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
77802 00000\2444831 8 I
EASEMENT PURCHASE & SALE AGREEMENT
This Easement Purchase and Sale Agreement ("Agreement") is made and entered
into as of February 25th, 2016 by and between the PALM DESERT HOUSING
AUTHORITY, a public body, corporate and politic, hereinafter referred to as "PDHA,"
and James V. Esposito and Darcy L. Esposito, hereinafter referred to as "GRANTOR."
PDHA and GRANTOR are sometimes individually referred to herein as "Party" and
collectively as "Parties"
RECITALS
A. GRANTOR is owner in fee of certain real property located at 40504 Palm Court, Palm
Desert, CA, bearing Assessor's Parcel Number 622-311-037, and more fully described
in Exhibit A attached hereto and incorporated herein by reference ("Property").
B. PDHA desires to acquire a permanent easement for drainage for the benefit of certain
property owned by PDHA and to facilitate the improvement of such property (the
"Project").
C. The permanent easement ("Easement") being acquired is more fully described in the
easement deed and the exhibits thereto (the "Easement Deed"), which is attached
hereto and incorporated herein by reference as Exhibit B.
TERMS
NOW THEREFORE, in consideration of the above facts and for the covenants
and agreements contained herein, PDHA and GRANTOR mutually agree as follows:
1. Purchase and Sale. PDHA agrees to purchase the Easement from GRANTOR and
GRANTOR agrees to grant the Easement to the PDHA upon the terms and provisions
set forth in this Agreement.
2. Purchase Price: The total purchase price for the Easement is Twenty -Five Thousand
Dollars and No Cents ($25,000.00) ("Purchase Price").
a. Payment of the Purchase Price by PDHA shall be made when title to the Easement
vests in the GRANTOR free and clear of all liens, encumbrances, assessments,
easements, leases (recorded and/or unrecorded), and taxes, except non -delinquent
taxes for the tax year in which escrow closes.
b. PDHA shall pay all escrow and recording fees for this transaction, and the cost of any
title insurance desired by PDHA. Escrow and recording charges shall not include
documentary transfer tax. This transaction will be handled through an escrow with
("Escrow"), and Escrow No.
77802 00000\24447718 1
3. GRANTOR'S Representations and Warranties. GRANTOR hereby represents and
warrants to PDHA that:
a. GRANTOR has full legal right, power and authority to enter into this Agreement and
the instruments and documents referenced herein and to consummate the
transactions contemplated hereby.
b. There are no oral or written leases affecting that portion of the Property to be
encumbered by the Easement, and GRANTOR agrees to hold GRANTOR harmless
and reimburse PDHA for any and all of its losses and expenses occasioned by reason
of any lease of said property held by any tenant of GRANTOR for a period exceeding
one month. GRANTOR acknowledges that a Quitclaim Deed may be required from
any lessee that has a lease term exceeding one month affecting the Easement. A
Quitclaim Deed will be provided to Escrow by GRANTOR, prior to the close of escrow
if applicable.
c. During GRANTOR's ownership of the Property, there has been no disposal, releases,
or threatened releases of hazardous substances on, from, or under the Property.
GRANTOR has no knowledge of disposal, release, or threatened release of
hazardous substances on, from, or under the Property, which may have occurred prior
to the GRANTOR taking title to the Property.
d. There is no pending claim, lawsuit, agency proceeding, or any administrative challenge
concerning the presence or use of hazardous substances on the Property.
e. GRANTOR has not used the Property for any industrial operations that use hazardous
substances. GRANTOR is not aware of any such prior use of the Property. GRANTOR
has not installed any underground storage tanks, aboveground storage tanks, barrels,
sumps, impoundments or other containers used to contain hazardous substances on
any part of the Property. GRANTOR is not aware of any such prior installations.
For the purposes of this paragraph, the term "hazardous substances" shall mean any
substance which at any time shall be listed as "hazardous" or "toxic" in the regulations
implementing the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) (42 USC §§ 6901, et seq), or other federal or state law, or any
other substances, chemical, material or waste product whose presence, nature or
quality is potentially injurious to public health, safety, welfare, the environment or the
Property.
The Purchase Price reflects the fair market value of the Easement without the
presence of hazardous substances. If the Easement area being acquired is found to
be contaminated by a hazardous substance which may require remediation under
federal or state law, GRANTOR may elect to recover its clean-up costs from those
who caused, contributed to, or otherwise are legally responsible for the contamination.
77802.00000\2444 7 718.1
4. Full Satisfaction. By execution of this Agreement, GRANTOR on behalf of itself, its
successors and assigns, hereby acknowledges that this Agreement provides full and
complete payment and satisfaction for the acquisition of the Easement by GRANTOR,
and GRANTOR hereby expressly and unconditionally waives any claim for damages,
relocation assistance benefits, interest, severance damages, claims for inverse
condemnation or unreasonable precondemnation conduct, attorney's fees, or any
other compensation or benefits other than as already expressly provided for in this
Agreement, it being understood that this is a complete and full settlement of all
acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or
in connection with the acquisition of the Easement or construction of the Project.
5. California Civil Code Section 1542. GRANTOR hereby acknowledges that they has
either consulted with legal counsel or had an opportunity to consult with legal counsel
regarding, and represents and warrants that it is familiar with, the provisions of
California Civil Code Section 1542, which provides:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known
by him or her must have materially affected his or her settlement with the debtor."
6. GRANTOR's Waiver of California Civil Code Section 1542. GRANTOR acknowledges
that with respect to the sale of the Easement to PDHA, GRANTOR may have
sustained damage, loss, costs or expenses which are presently unknown and
unsuspected, and such damage, loss, costs or expenses which may have been
sustained, may give rise to additional damage, loss, costs or expenses in the future.
Nevertheless, GRANTOR hereby acknowledges that this Agreement has been
negotiated and agreed upon in Tight of that situation, and hereby expressly waives, to
the maximum legal extent, any and all rights accruing to it under California Civil Code
Section 1542 or other statute(s) or judicial decision(s) of similar effect.
GRANTOR's Initials
7. Survival of Acknowledgments, Releases and Waiver. The acknowledgments,
releases and waivers of GRANTOR in Sections 5 and 6 of this Agreement shall
survive recordation of the Easement and the close of escrow.
8. Required Actions of PDHA and GRANTOR. PDHA and GRANTOR agree to execute
such instruments and documents and to diligently undertake such actions as may be
required in order to consummate the transaction herein contemplated and shall use
their best efforts to accomplish close of escrow in accordance with this Agreement.
77802 00000\24447718 I
9. Obligations to Third Parties. Except as otherwise expressly provided herein, the
execution and delivery of this Agreement shall not be deemed to confer any rights
upon, nor obligate any of the Parties to, any person or entity other than the Parties.
10. Applicable Law. All questions with respect to this Agreement, and the rights and
liabilities of the Parties and venue hereto, shall be governed by the laws of the State of
California, without application of conflicts of law principles. Any and all legal actions
sought to enforce the terms and provisions of the Agreement shall be brought in the
courts of the County of Riverside.
11. Ratification. This Agreement is subject to approval and ratification by the
GRANTOR's governing body or its designated representative.
12. Legal Fees. Each Party shall be responsible for payment of its own attorney's fees
and expenses with respect to negotiation and preparation of this Agreement and
processing of the escrow.
13. Entire Agreement. This Agreement supersedes any prior agreements, negotiations
and communications, oral or written, and contains the entire agreement between
PDHA and GRANTOR as to the subject matter hereof. No subsequent agreement,
representation, or promise made by either Party hereto, or by or to an 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.
14. Amendment to this Agreement. The terms of this Agreement may not be modified or
amended except by an instrument in writing executed by each of the Parties hereto.
15. General Provisions. The covenants, terms and conditions contained herein shall run
with the land. The Grant of Easement shall inure to the benefit of and be binding upon
the PDHA and GRANTOR and their respective assigns, heirs and voluntary and
involuntary successors in interest with respect to the Property. All Exhibits attached
hereto are incorporated herein by reference.
[SIGNATURE ON FOLLOWING PAGE]
77802.00000\24447718.1
IN WITNESS WHEREOF, the parties have executed this Agreement on
as follows:
GRANTOR:
James V. Esposito
Darcy L. Esposito
PALM DESERT HOUSING AUTHORITY,
a public body, corporate and politic
Robert Spiegel, Chairman
7 7802.00000\24447718 1
EXHIBIT A
LEGAL DESCRIPTION
Lot 11, of Tract 25373, in the City of Palm Desert, County of Riverside, as per map recorded in
Book 224 Pages 98 and 99 of Maps, in the office of the County Recorder of said County.
77802 00000\24447718.1
EXHIBIT B
FORM OF EASEMENT DEED
77802 00000\244477 18. I