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Home My WebLink AboutA8658 - RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION PROJECT #12-02P81233134 PROJECT: South Palm Canyon Drive Bridge Replacement at Tahquitz Creek Channel Project No.: 12-02, BRLS-5282 (042) APN(s): 508-161-002, 508-171-007, 508-171-013, 508-172-010 and 508-172-012 RIGHT OF WAY AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS This RIGHT OF WAY AGREEMENT FOR CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS, (the "Agreement"), is made and entered into as of , 20_, by and between the CITY OF PALM SPRINGS, a California charter City and municipal corporation, ("Buyer"), and Riverside County Flood Control and Water Conservation District, a body politic, ("Seller"), with references to the following facts. Buyer and Seller are individually referred to as "Party," and collectively referred to as the "Parties". RECITALS A. Seller is the owner of certain real property located in the City of Palm Springs, (the "City"), the County of Riverside, (the "County"), State of California, (the "State"), which is identified by Assessor Parcel Number(s) 508-161-002, 508-171-007, 508-171-013, 508-172-010 & 508-172-012, (referred to as the "Property"). B. Buyer desires to acquire from Seller easement interests over a portion of the Property, more particularly described and depicted on Exhibits A and B attached hereto, (collectively referred to as the ("Rights -of -Way"), for various public purposes including street rights -of -way and public utilities. C. Seller desires to convey to Buyer, and Buyer desires to acquire from Seller the Rights -of -Way in accordance with the terms and conditions contained in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by Seller, Buyer and Seller hereby agree as follows: AGREEMENT 1. PURCHASE AND SALE. 1.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to acquire and purchase from Seller, the Rights -of -Way. As used herein the "Rights -of -Way" shall include the real property legally described and depicted on Exhibits A and B, and all of Seller's right, title and interest in and to any and all entitlements, tenements, hereditaments, easements, easement rights, rights to half - widths of all adjacent public streets and public rights of way, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon. Agreement for Conveyance of Real Property / Escrow Instructions Nov 112021 14 6 Page 1 of 15 P8/233134 1.2 Purchase Price. The purchase price, ("Purchase Price"), for the Rights -of -Way shall be One Hundred Seven Thousand Dollars and No Cents ($107,000.00) payable as cash at closing, plus applicable escrow, associated fees, and other charges. 1.3 Full and Complete Settlement. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Rights -of -Way, specifically including, but not limited to, any and all rights or claims that Seller has, may have or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein Seller, on behalf of itself and its successors and assigns, hereby expressly and unconditionally waives and releases and discharges Buyer and any and all of Buyer's employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns from liability in regard to any and all claims for damages, severance damages, interest, loss of goodwill, lost profits, lost rents, damages to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, claims for inverse condemnation, pre -condemnation damages, any right to challenge Buyer's adoption of a resolution of necessity, any right to receive notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation placed upon Buyer pursuant to the Eminent Domain Law, any other rights conferred upon Seller pursuant to the Eminent Domain Law, any claims for litigation expenses, attorney's fees, statutory interest and/or costs or any other compensation or benefits, other than for payment of the Purchase Price, it being understood that the Purchase Price constitutes complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever, whether known or unknown as of the date of this Agreement, relating to or in connection with the Rights -of -Way or any other rights granted under this Agreement. 2. ESCROW AND CLOSING. 2.1 Opening of Escrow. Within fourteen (14) business days after execution of this Agreement by the last of Seller or Buyer, Buyer shall open an escrow, (the "Escrow"), with Lawyers Title Company, at the address set forth in Section 8.12, ("Escrow Holder"), by depositing with Escrow Holder this Agreement fully executed, or executed counterparts hereof. The date this fully executed Agreement is signed and accepted by Escrow Holder on the last page hereof shall be deemed the "Opening of Escrow" and Escrow Holder shall advise Buyer and Seller of such date in writing. The escrow instructions shall incorporate this Agreement as part thereof and shall contain such other standard and usual provisions as may be required by Escrow Holder, provided, however, that no escrow instructions shall modify or amend any provision of this Agreement, unless expressly set forth in writing by mutual consent of Buyer and Seller. In the event there is a conflict between any such standard or usual provisions and the provisions of this Agreement, the provisions of this Agreement shall control. 2.2 Escrow Fees and Other Charges. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's escrow fees, charges and costs incurred in this transaction. 2.3 Closing Date; Conditions Precedent to Close of Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur on or before the "Closing Date"), unless otherwise extended by mutual agreement. As used in this reen. ent, the "Close of Escrow" shall mean the date the Grant of Right -of -Way Agreement for Conveyance of Real Property / Escrow Instructions Page 2 of 15 P8/233134 Easement Deed, Slope Easement Deed and Channel Structure Easement Deed, as provided in Section 2.4.2(a) hereof ("Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed"), is recorded in the Official Records of the County. 2.3.1 Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to purchase the Rights -of -Way are subject to the satisfaction of the following conditions or Buyer's written waiver of such conditions on or before the Closing Date. Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; and (b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; and (c) No event or circumstance shall have occurred which would make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow; and (d) There shall have occurred no material adverse change in the physical condition of the Property (such as those caused by natural disasters) which would render the Rights - of -Way unsuitable for Buyer's intended use or which would materially increase the cost or cause a material delay in the schedule for Buyer's planned improvements of the Rights -of -Way; and (e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Rights -of -Way, subject only to the Permitted Exceptions; and (f) All monetary encumbrances, if any, shall have been reconveyed and title shall be conveyed free of all monetary encumbrances. Title to the Rights -of -Way shall be conveyed to Buyer free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes except for any non -delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. 2.3.2 Conditions to Seller's Obligations. The Close of Escrow and Seller's obligation to sell and convey the Rights -of -Way are subject to the satisfaction of the following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion. (a) The Purchase Price shall have been determined in accordance with Section 1.2; (b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and Agreement for Conveyance of Real Property / Escrow Instructions Page 3 of 15 P8/233134 (c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow. 2.3.3 Waiver of a Condition Does Not Excuse Performance. If any condition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the Party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close of Escrow and shall be satisfied by the Party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow. 2.4 Closing Documents. The Parties shall deposit the following with Escrow Holder prior to the Close of Escrow: 2.4.1 BUer's Deposits. Buyer shall deposit: (a) The Purchase Price together with all escrow fees and other charges; and (b) A Certificate of Acceptance for the Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed in a legally sufficient form typically used by Buyer. 2.4.2 Seller's Deposits. Seller shall deposit: (a) Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed in the form of Exhibit C attached hereto; and 2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the conveyance of the Rights -of -way from Seller to Buyer in accordance with the terms of this Agreement. 2.5 Closing. 2.5.1 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed in the Office of the County Recorder of the County, (ii) pay any transfer taxes, (iii) instruct the County Recorder to return the Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed to Buyer, (iv) distribute to Seller the Purchase Price, and (v) deliver to Buyer the Title Policy covering the Rights -of -Way subject only to the Permitted Exceptions, the Affidavit of Non -foreign Status and the applicable California withholding exemption form, if any. 2.5.2 Title and Possession. Upon the Close of Escrow, title to and non-exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions. 3. ACTIONS PENDING CLOSING. 3.1. Title Review. 3.1.1 Title Report. Within three (3) business days after the Opening of Escrow, Agreement for Conveyance of Real Property / Escrow Instructions Page 4 of 15 P8.!233134 Lawyers Title Company (the "Title Company") will furnish Buyer and Seller with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements referenced therein (collectively, the "Title Commitment"). 3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". All monetary encumbrances are hereby deemed Disapproved Exceptions and shall be removed and satisfied at the Close of Escrow. 3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1. 3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy". 3.3. Possession and Use. It is mutually understood and agreed by and between the Parties hereto that the right of possession and use of the Property by the Buyer, including the right to remove and dispose of improvements, shall commence upon the execution of this Agreement by Seller. The Purchase Price includes, but is not limited to, full payment for such possession and use. 3.4. Seller's Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's lien with respect to such work or materials. 3.5. Loss or Damage to Improvements. Loss or damage to the Property, including any improvements existing thereon as of the date of this Agreement, by fire or other casualty, occurring prior to the recordation of the Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed shall be at the risk of Seller. In the event that loss or damage to the Property, or any such improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance policy or policies which may become payable to Seller by reason thereof, or to permit Agreement for Conveyance of Real Property / Escrow Instructions Page 5 of 15 P8/233134 such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. 4.1. Seller's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow: 4.1.1 Seller's Authority. Seller is the sole owner in fee simple absolute of the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set forth in the Title Commitment, nor entered into any Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and performance by Seller of the transactions contemplated by this Agreement will not violate or breach any other agreement, covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. This Agreement has been duly authorized and executed by Seller, and upon delivery to and execution by Buyer shall be a valid and binding agreement of Seller. 4.1.2 Hazardous Substances. Neither Seller nor any third party has used, generated, manufactured, stored or disposed any Hazardous Substances in, at, on, under or about the Property or transported any Hazardous Substance to or from the Property. Additionally, (a) the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on, under or about the Property including, but not limited to, soil or groundwater conditions; (b) the Property has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance; (c) there has been no discharge, migration or release of any Hazardous Substance from, into, on, under or about the Property; (d) there is not now, nor has there ever been on or in the Property underground storage tanks or surface impoundments, any asbestos - containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment, and (e) there is not now, nor has there ever been, debris or refuse buried in or under the Property which would adversely affect the development of the Property. Seller hereby assigns to Buyer as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which Seller may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Property. As used in this Agreement, the term "Hazardous Substances" shall have the meaning set forth on Exhibit D attached hereto. At any time prior to the Close of Escrow, Buyer shall have the right to conduct appropriate tests of water and soil to ascertain the presence of any Hazardous Substances on, in, under and about the Property. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Agreement for Conveyance of Real Property / Escrow Instructions Page 6 of 15 P8/233134 Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). 4.1.3 Endangered Species. To Seller's knowledge, there are no endangered species or protected natural habitat, flora or fauna located on the Property, nor is any portion of the Property located in what is or may be designated as a wetland. 4.1.4 Mechanic's Liens. There are no mechanics', material men's or other claims or liens presently claimed, or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow, unless performed by or at the request of Buyer. 4.1.5 Leases. There are no leases, rental agreements or other such contracts of any kind or nature affecting possession or occupancy of the Property, and Seller shall not enter into any such contracts during the term of this Agreement without the prior consent of Buyer. 4.1.6 Other Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property. 4.1.7 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date Agreement for Conveyance of Real Property / Escrow Instructions Page 7 of 15 P8/233134 hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Seller which would make any of the foregoing representations or warranties untrue. 4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow: 4.2.1 Buyer's Authority_. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer. 4.2.2 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Seller in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby. Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2. 4.3. Mutual Indemnity. Seller and Buyer shall defend, indemnify and hold free and harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying Party or any breach or default by such indemnifying Party under any of such indemnifying Party's covenants or agreements contained in this Agreement. 5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for the rights described and depicted respectively on Exhibits A and B hereto and any rights which exist or may arise out of the acquisition of the Property for public Agreement for Conveyance of Real Property / Escrow Instructions Page 8 of 15 P8/233134 purposes, including without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre -condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement. 6. BROKERS. Seller and Buyer each represents and warrants to the other that they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions or finder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach of the foregoing representation by the indemnifying Party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement. 7. MAINTENANCE AND REPAIR. The Seller(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, parking areas, landscape irrigation, lighting, signs, walls, and fences between the curb and property line, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances, and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 8. GENERAL PROVISIONS. 8.1. Counterparts; Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. 8.2 Further Assurances. Each of the Parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the Parties, whether the same occurs before or after the Close of Escrow. 8.3 Entire Agreement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the Parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both Parties. All exhibits to which reference is made in this Agreement are deemed incorporated into this Agreement whether or not actually attached. 8.4. Headings. Headings used in this Agreement are for convenience of reference only and are not intended to govern, limit, or aide in the construction of any term or provision hereof. Agreement for Conveyance of Real Property / Escrow Instructions Page 9of15 P8/233134 8.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California. 8.6 Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any Party hereunder, and the Parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 8.7 Waiver of Covenants, Conditions or Remedies. The waiver by one Party of the performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such Party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions of this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded. 8.8 Legal Advice. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any Party based upon any attribution of such Party as the sole source of the language in question. 8.9 Relationship of Parties. The Parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either Party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the Parties hereto, nor is either Party granted the right or authority to assume or create any obligation or responsibility on behalf of the other Party, nor shall either Party be in any way liable for any debt of the other. 8.10. Attorney. sue. In the event that any Party hereto institutes an action or proceeding for a declaration of the rights of the Parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any Party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non - defaulting Party or prevailing Party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded. 8.11. Assianment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be Agreement for Conveyance of Real Property / Escrow Instructions Page 10 of 15 P8/233134 binding upon and shall inure to the benefit of the successors and permitted assigns of the Parties to this Agreement. 8.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next -day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to Buyer, to: Attn: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 If to Seller, to: Riverside County Flood Control and Water Conservation District Real Estate Services Attn: Yolanda King 1995 Market Street Riverside, CA 92501 If to Escrow Holder, to: Colleen Graves Senior Escrow Officer Lawyers Title Insurance Company 625 E. Carnegie Dr., # 105 San Bernardino, CA 92408 Facsimile No.: (866) 696-3389 Telephone No.: (909) 963-5575 Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the same business day transmitted. The addresses, addressees, and telecopy numbers for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder. 8.13. Survivability. All covenants of Buyer or Seller which are intended hereunder to be performed in whole or in part after Close of Escrow and all representations, warranties, and Agreement for Conveyance of Real Property / Escrow Instructions Page I 1 of 15 P8/233134 indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties. 8.14. Release. The total compensation to be paid by Buyer for the Property is the Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property. By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." Seller's Initials 8.15 City Council Approval of Agreement. This Agreement is subject to the approval of the Buyer's City Council. If this Agreement remains unapproved by the Buyer's City Council, then the Parties will have no further obligation under this Agreement. 8.16 Recording. Neither Party shall have the right to record this Agreement in the Recorder's Office for Riverside County. [SIGNATURES ON NEXT PAGE] Agreement for Conveyance of Real Property / Escrow Instructions Page 12 of 15 P8l233134 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year first above written. BUYER: SELLER: CITY OF PALM SPRINGS, a California RIVERSIDE COUNTY FLOOD CONTROL charter city and municipal corporation AND WATER CONSERVATION DISTRICT, A body politic By: �'� By: David H. Ready, City nager Karen Spiegel, Chairwoman o the Board of Supervisors of Riverside County Flood Control and Water Conservation ATTEST: By: ony J. Mej' MMC, ' Clerk APPROVED AS TO FORM: By4Q Jeffre all' r, City orney t OPROWED BY CCTV MANAGER Exhibit List: District ATTEST: Kecia R. Harper Clerk of the Board By: U Deputy APPROVED AS TO FORM: Gregory Priamos County Counsel M. Exhibit A -- Legal Description of the Rights -of -Way Exhibit B -- Depiction of Rights -of -Way Exhibit C -- Grant of Right -of -Way Easement Deed, Slope Easement Deed and Channel Structure Easement Deed Exhibit D -- Definition of Hazardous Substances Agreement for Conveyance of Real Property I Escrow Instructions Page 13 of 15 P8/233134 ALL-PURPOSE ACKNOWLEDGMENT 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 County of On before me, , Date Name, Title of Officer personally appeared NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. of N ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT Title or Type of Document Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above DATE of DOCUMENT P8/233134 ACCEPTANCE BY ESCROW HOLDER: LAWYERS TITLE INSURANCE COMPANY hereby acknowledges that it has received a fully executed counterpart of the foregoing Right Of Way Agreement For Conveyance Of Real Property And Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations thereunder and California Revenue and Taxation Code § 18662 and shall defend, indemnify and hold Buyer harmless in connection with such obligations. Date: LAWYERS TITLE INSURANCE COMPANY Name: Its: Exhibit "A" LEGAL DESCRIPTION OF THE AREA EXHIBIT "A" LEGAL DESCRIPTION APN 508-161-002 RIV. CO. FLOOD CONTROL RIGHT-OF-WAY AREA: THAT PORTION OF THAT CERTAIN REAL PROPERTY, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN CORPORATION GRANT DEED FROM PALM SPRING TAHQUITZ COMPANY, A CORPORATION TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY CORPORATE AND POLITIC, RECORDED JANUARY 12, 1949 IN BOOK 1043, PAGE 513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN LOT 13 IN SECTION 23 OF PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE IN BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK "F" OF TAHQUITZ RIVER ESTATES NO. 2, AS SHOWN BY MAP ON FILE IN BOOK 22, PAGES 76 AND 77, OF MAPS, RECORDS OF RIVERSIDE COUNTY, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH PALM CANYON DRIVE (STATE HWY NO. 111) (40.00 FEET HALF WIDTH EASTERLY) AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 57, PAGES 3 TO 16, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY; THENCE NORTH 76021'57" WEST ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK "F", A DISTANCE OF 10.34 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH PALM CANYON DRIVE (FORMERLY STATE HIGHWAY) (30.00 FEET HALF WIDTH) AS SHOWN ON SAID TAHQUITZ RIVER ESTATES NO. 2, SAID EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID BOOK 1043, PAGE 513 OF OFFICIAL RECORDS; THENCE NORTH 01001027" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 96.61 FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1452.27 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL OF 02036'59", AN ARC DISTANCE OF 66.32 TO AN ANGLE POINT THEREOF; THENCE RADIALLY FROM SAID CURVE, NORTH 86°21'33" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NORTH RIVERSIDE DRIVE (VARIABLE HALF WIDTH WESTERLY) AS SHOWN ON SAID TAHQUITZ RIVER ESTATES NO. 2; Page 1 of 2 G•12Ol4il4-02621DrawingslMappingi14-0262-RW-RCFC..Legal 508161002-docx Albert A Webb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-161-002 RIV. CO. FLOOD CONTROL THENCE SOUTH 18016'32" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 17.24 FEET TO A POINT THEREON; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, SOUTH 03°43'09" EAST, A DISTANCE OF 136.34 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY, MEASURED AT A RIGHT ANGLE, TO THE CENTERLINE OF SAID SOUTH PALM CANYON DRIVE; THENCE SOUTH 01 °01'27" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 15.94 FEET TO A POINT ON SAID SOUTHERLY LINE OF BLOCK "F"; THENCE NORTH 76021'57" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 10.34 FEET TO THE POINT OF BEGINNING. CONTAINING 2,767 SQUARE FEET (0.0635 ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION e Mic ael E. Johnson, L.S. 7673 Prepared By: A_ Checked By: 7/07/20 Date Page 2 of 2 /O `A N, SG E. JOy4S q t^ N0. 7673 P 41f OF Cp�1 G t2014il4-0262V)rawingsWappingl14-0261-RW-RCFC Legal 508161002-doer Albert A Webb Asso( rates EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-007 RIV. CO. FLOOD CONTROL CHANNEL STRUCTURE EASEMENT RIGHT-OF-WAY AREA: IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 13 OF PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, LYING WITHIN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 6060-116, AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 57, PAGES 3 TO 16, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, SAID POINT BEING ON THE NORTHEASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO PALM SPRINGS MASONIC TEMPLE ASSOCIATION, A CORPORATION, BY THAT CERTAIN DEED RECORDED NOVEMBER 18, 1948, IN BOOK 1027, PAGE 499 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE (40.00 FEET HALF WIDTH WESTERLY) AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTH 65020'41" EAST ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 6060-116, A DISTANCE OF 11.10 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH PALM CANYON DRIVE (FORMERLY STATE HIGHWAY) (30.00 FEET HALF WIDTH WESTERLY) AS SHOWN BY MAP OF TAQUITZ RIVER ESTATES NO. 2 SUBDIVISION ON FILE IN BOOK 22, PAGES 76 TO 77 OF MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 01 °01'27" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 109.49 FEET TO THE SOUTHERLY LINE OF THAT EASEMENT CONVEYED TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED RECORDED JANUARY 12, 1949 IN BOOK 1043, PAGE 517 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 70029'24" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 10.68 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 10.00 FEET WESTERLY, MEASURED AT A RIGHT ANGLE, FROM SAID WESTERLY RIGHT OF WAY LINE AS SHOWN ON TAQUITZ RIVER ESTATES NO. 2 SUBDIVISION, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE AS SHOWN ON SAID RECORD OF SURVEY; Page l of 2 C•11014114-02621DrawingsWappingll4-0262-RW-RCFC Legal _308171007.docx Albert A. Webb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-007 RIV. CO. FLOOD CONTROL CHANNEL STRUCTURE EASEMENT THENCE NORTH 01001'27" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE AS SHOWN ON SAID RECORD OF SURVEY, A DISTANCE OF 16.02 FEET TO THE NORTHEAST CORNER OF PARCEL 6060-115A AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 70029'24" WEST ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 6060-115A, A DISTANCE OF 10.68 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET WESTERLY, MEASURED AT A RIGHT ANGLE, FROM THE CENTERLINE OF SAID SOUTH PALM CANYON DRIVE OF SAID RECORD OF SURVEY; THENCE SOUTH 01001'27" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 123.38 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 6060-116; THENCE SOUTH 65020'41" EAST ALONG SAID SOUTHWESTERLY LINE OF SAID PARCEL 6060-116, A DISTANCE OF 11.10 FEET TO THE POINT OF BEGINNING. CONTAINING 2329 SQUARE FEET (0.054 ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION f _ 7/07/20 Micliael E. Johnson, L.S. 7673 Date Prepared By: AL CheckedBy: —�,A— Page 2 of 2 / �O LAND � s\ E. Jp.9 •p4 tif0 A Z o NO. 7673 G,12014}14-02621DrawingslMappingtl4-0262-RW-RCFC_Legal _508171007doex AlberlA WebbAssoriafes EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-013 RIV. CO. FLOOD CONTROL RIGHT-OF-WAY AREA: IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 13 OF PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, LYING WITHIN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 6060-116, AS SHOWN ON RECORD OF SURVEY FILED APRIL 8, 1971, IN BOOK 57, PAGES 3 TO 16, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, SAID POINT BETNG ON THE NORTHEASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO PALM SPRINGS MASONIC TEMPLE ASSOCIATION, A CORPORATION, BY DEED RECORDED NOVEMBER 18, 1948, IN BOOK 1027, PAGE 499 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF PALM CANYON DRIVE (40.00 FEET HALF WIDTH WESTERLY) AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 65020'41" WEST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 6060-116, A DISTANCE OF 11.10 FEET TO A POINT ON A LINE PARALLEL WITH DISTANT 50.00 FEET WESTERLY, MEASURED AT A RIGHT ANGLE, FROM THE CENTERLINE OF SAID PALM CANYON DRIVE; THENCE SOUTH 01001'27" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 8.50 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF PARCEL 6060-213 AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 77, PAGES I TO 5, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 83030'22" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 10.09 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 6060- 213, SAID POINT BEING ON SAID WESTERLY RIGHT OF WAY LINE; Page 1 of 2 G•�201444-0261tDrawingslMapying�14-0261-RW-RCFC_legaf 508/71013.docx Albert A Webb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-171-013 RIV. CO. FLOOD CONTROL THENCE NORTH 01001'27" WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING. CONTAINING 68 SQUARE FEET (0.0016 ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION `AND SG E. 7/07/20 W ��rPJpyNo� 1 Michael E. Johnson, L.S. 7673 Date -" s o J O Prepared By: A L NO. 7673 Checked By: $!Y— / �rgrF OF CAOF�`p Page 2 of 2 G 2014 14-02620rawings Mapping 14-0262-R IV-RCFC Legal _ 508171013 doer Albert A Webb Associates EXHIBIT "A" LEGAL DESCRIPTION APN 508-172-010 RIV. CO. FLOOD CONTROL RIGHT-OF-WAY AREA: IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF BLOCK "C" OF TAHQUITZ RIVER ESTATES NO.2 AS SHOWN BY MAP ON FILE IN BOOK 22 PAGES 76 AND 77, OF MAPS, RECORDS OF SAID COUNTY, LYING WITHIN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK "C"; THENCE SOUTH 01001'27" EAST ALONG THE WEST LINE OF SAID BLOCK "C", SAID WEST LINE ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF SOUTH PALM CANYON DRIVE (40.00 FEET HALF WIDTH EASTERLY), AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 57, PAGES 3 TO 16, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY, A DISTANCE OF 21.21 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 20.00 FEET SOUTHERLY, MEASURED AT A RIGHT ANGLE, TO THE NORTHERLY LINE OF SAID BLOCK "C"; THENCE SOUTH 71035'27" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 10.60 TO A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY, MEASURED AT A RIGHT ANGLE TO THE CENTERLINE OF SAID SOUTH PALM CANYON DRIVE, THENCE NORTH 01001'27" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 21.21 FEET TO A POINT ON SAID NORTHERLY LINE OF BLOCK "C"; THENCE NORTH 71 °35'27" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 10.60 FEET TO THE POINT OF BEGINNING. CONTAINING 212 SQUARE FEET (0.005 ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION 411D s_A N D se/ Jp/H LPL tZ < 7/07/20 _ O Michael E. ohnson, L.S. 7673 Date 7D N0. 7673 Prepared By: AL Checked By: f OF CALF Page 1 of I G:12014114-0262IDrawingsWapping�14-0262-RW-RCFC Lega! 50R172010.daca Albert A. Webb Assmiates EXHIBIT "A" LEGAL DESCRIPTION APN 508-172-012 RIV. CO. FLOOD CONTROL CHANNEL STRUCTURE EASEMENT RIGHT-OF-WAY AREA: THAT PORTION OF THAT CERTAIN REAL PROPERTY, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN CORPORATION GRANT DEED FROM PALM SPRING TAHQUITZ COMPANY, A CORPORATION TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY CORPORATE AND POLITIC, RECORDED JANUARY 12, 1949 IN BOOK 1043, PAGE 513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN LOT 13 IN SECTION 23 OF PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE 1N BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID BLOCK "C" OF TAHQUITZ RIVER ESTATES NO. 2, AS SHOWN BY MAP ON FILE IN BOOK 22, PAGES 76 AND 77 OF MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 71°35'27" WEST ALONG THE NORTHWESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID BLOCK "C" TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH PALM CANYON DRIVE (FORMERLY STATE HIGHWAY) (30.00 FEET HALF WIDTH) AS SHOWN ON SAID TAHQUITZ RIVER ESTATES NO. 2, SAID EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID BOOK 1043, PAGE 513 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 01001'27" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 94.82 FEET TO A POINT THEREON, SAID POINT BEING THE INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE WITH THE SOUTHERLY LINE OF BLOCK "F" OF SAID TAHQUITZ RIVER ESTATES NO. 2; THENCE SOUTH 76021'57" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 20.67 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY, MEASURED AT A RIGHT ANGLE, TO THE CENTERLINE OF SAID SOUTH PALM CANYON DRIVE; THENCE SOUTH 01°01'27" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 96.65 FEET TO A POINT ON SAID NORTHERLY LINE OF BLOCK "C"; Page 1 of 2 G +2014' 14-02621Drawing.vWappingV 4-0262-RW-RCFC Legal 508172012 docx Albert A Ifebb A vociafes EXHIBIT "A" LEGAL DESCRIPTION APN 508-172-012 RI V. CO. FLOOD CONTROL CHANNEL STRUCTURE EASEMENT THENCE NORTH 71035'27" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 10.60 FEET TO THE POINT OF BEGINNING. CONTAINING 1,915 SQUARE FEET (0.044ACRES), MORE OR LESS. SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION 6ID `AND SG a ?ii pE1 E. i PL 7/07/20 ct Nei Mic ael E. Johnson, L.S. 7673 Date J Prepared By: AL Checked By: Page 2 of 2 �; �4rf OF CALI C 2014-14-02621DrawingslMapping 14 0162.RW-RCFC legal 508172012 dorx Albert A Webh Assouaho Exhibit "B" DEPICTION OF THE AREA !1� EXHIBIT "B" APN 508-161-002 RN. CO. FLOOD CONTROL RECORD DATA PER MB 22/76-77. CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl 1452.27' 2'36'59" 66.32' LINE TABLE LINE # DIRECTION LENGTH L1 N76'21'57W 10.34' L2 N01'01'27W 96.61' L3 N86'21'33'E 10.00' L4 S18'16'32'E 17.24' L5 S0343'09"E 136.34' L6 S01'01'27"E 15.94' L7 N76-21-57-W 10.34' 7/07/20 1 " = 30' iiiiiiii 15 0 30 SEC. 23, T4S, R4E, SBM A L B E R T A. N � N N M I U ui CD r` d I N co 04 O N 3 M J S"l co UJ I p z ZZ LAJ z ::, OI� N-:179 eoo v E- a N " ra o z j a O Cjn 30' 10' 50' 40. I POB SW COR., BLOCK "F" MB 22/76--77 I a N W U s 0, a O \ a t� �R27 7S*F.S.F.A \ 0.6635 A.C. d 70 �� WESTERLY RIGHT F WAY LINE PAI.AA VALLEY COLONY LANDS MB 14/652-SAN DIEGO ' POI, LOT 13 TAIIQl RIVER ESTATE NO. 2 MB 22/76-77 RN. CO. FLOOD CONTROL BOOK 1043, PAGE 513 O.R. REC. 01/12/1949 APN 508-161-002 BLOCK F Z 10' C7 �o J STY LINE OF BLOCK F" T QurPZ c EX cp�,, PARCEL 6060-119A "'��Y PER RS 57/3-16 IRS 57/3-16L CITY OF PALM SPRINGS E A S S 0 C I A T E S G;\2014\14 0262\Drawings`�Mapping,14 0262 RW-RCFC..508161002.dwg 6/25/2020 2:`' rah THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET 1 OF 1 14-262 DRWN BY C DATE 0 19 SCALE: 1 "=30' CHKD BY ME,- DATE SUBJECT: RIGHT-OF-WAY LINE TABLE LINE # DIRECTION LENGTH L1 N65'20'41 "W 11.10' L2 S01'01'27"E 8.50' L3 S83'30'22"E 10.09' L4 N01-01.27-W 5.01' EXHIBIT "B" APN 508-171-013 RIV. CO. FLOOD CONTROL I I(5.00') PALM VALLEY COLONY LANDS T�QU MB 14/652—SAN DIEGO C POR. LOT 13 �tQvWj, PARCEL 6060-116 IRS 57/3-16 S?� 41 �V �Nss?? 34 RIV. CO. FLOOD CONTROL ?9e red APN 508-171-013 _ PARCEL _ ~ C 6060-213 J RS 7711-5 N83.30'22'W (N83'3y14 L3 "W 273.76 ) SW'LY LINE OF PARCEL 6060-213 SE'LY COR. PER RS 77/1-5 PARCEL 6060-213 ,tee OF CA00'- 1" = 10' 7/07/20 SEC. 23, T4S, R4E, SBM 5 0 10 A L B E R T A. W WLBB E S 30' i EXISTING R/W AS SHOWN ON RS 57/3-16 1 40' POB I a o SE'LY COR. PCL. 6060-. 116 RS 57/3-16 O o U � z ^ n N 0 .R/W AREA N Z 68 S.F. g 0.0016 A.C. o c 1 j 1 50' Z1QTE� [ ] RECORD DATA PER RS 57/3-16. () RECORD DATA PER RS 77/1-5. 1O RIGHT OF WAY & P.U.E. PER INST. #1989-380350, REC. 11/01/1989. O2 RIGHT OF WAY PER BOOK 1855, PAGE 72 REC. 01 /30/ 1956. CITY OF PALM SPRINGS A S S 0 C I A T E S I G:\2014 ,14 0262\Drowings'\Mopping\ 14 0262 RW RCFC_.508171013 dwg 6/25/202n i7 1'M THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W'0' ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET OF 14-262 SCALE: 1 "=10' DRWN BY C DATE 11281201 SUBJECT: RIGHT—OF—WAY CHKD BY ME&L- DATE EXHIBIT "B" NOTES APN 508-172-010 RN. CO. FLOOD CONTROL () RECORD DATA PER MB 446/17-20. 1O 5' VERIZON EASEMENT PER INST. #2016-324108, REC. 8/01 /2016. O2 20' INGRESS AND EGRESS EASEMENT PER INST. #1949-001260, DATED 1/12/1949. POB NW COR., BLOCK "C" a MB 22/76-77 I_- 40 o N o EXISTING R/W A v z � 1 50' o I� o U z J '140@iIpp, `RIW AREA *% C 212 S.F. 0.005 A.C. R- 5.i,16 74 Nz f Coc k C' 10' DT S E LINE TABLE LINE # DIRECTION LENGTH L1 S01'01'27"E 21.21' L2 S71'35'27"E 10.60' L3 N01'01'27W 21.21' L4 N71'35'27"W 10.60' TAHQUM RIVER ESTATES NO. BLOCK C, MB 22/76-77 PARCEL 6060-119A RN. CO. FLOOD CONTROL PARCEL 6060-117 PER RS 57/3-16 INST. #1984-050357 O.R. PER RS 57/3-i6 REC. 3/12/1984 a+�, APN 508-172-010 NW COR. LOT 1, 2 MB 446/17-20 PARCEL 6060-118B PER RS 57/3- 16 O SW'LY LINE OF INST. 11983-074223 & NE'LY LINE OF LOT, MB 446/17-20 OLD R/W INST. #1983-074223 REC. 4/20/1983 50' 5' TRACT NO. 33575 MB 446/17-20 o IAND sG EXISTING 50' R/W LOT 1 14h��E. jO PER MB 446/17-20 '�c 1 „ = 10, I 1 NO. 7673 5 0 10 IS> PC OF CA$ -% I SEC. 23, T4S, R4E, SBM 7/07/20 CITY OF PALM SPRINGS A S S 0 C I A T E S G:\2014\14-0262\Drowings\Mopping\14-0262-RW-RCFC-508172010.dwg 6/25/2020 4:22 PM THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. I SHEET 1 OF 1 14-262 SUBJECT: RIGHT—OF—WAY SEC. 23, T4S, R4E, SBM A L B E R T A. EXHIBIT "B" Channel Structure Easement M4>ES. APN 508-171-007 RN. CO. FLOOD CONTROL O10' PUBLIC HIGHWAY & PUBUC UTILTYT EASEMENT PER BOOK 1710, PAGE 227 O.R., REC. 03/21/1955. OEASEMENT FOR FLOOD CONTROL AND WATER CONSERVATION PURPOSES AND OTHER wcY PURPOSES PER BOOK 1043, PAGE 517 O.R., VNf OF REC. 1/12/1949. NZYOv- sk 1%1 3O QUITCLAIMED BY RCFC PER BOOK 1812, PAGE 51� ��0pk. 10£C 3/?PC ??� PAGE 258 O.R. REC. 10/26/1955. /12/194g� /19S5 [ ] RECORD DATA PER RS 57/3-16 o LINE TABLE LINE # DIRECTION LENGTH L1 S65'20'41'E 11.10' L2 N01'01'27W 109.49' L3 N70'29'24'W 10.68' L4 N01'01'27'W 16.02' L5 N70'29'24`W 10.68' L6 S01'01'27'E 123.38' L7 S65-20-41"E 11.10' �cQ sow s S� \1 Sq SLY 1 /3�18 Pti 5 7°F 81001(. 10 4,3 PALM VALLEY COLONY LANDS /1?/1949) MB 14/652-SAN DIEGO POR. LOT 13 SE COR. OF BOOK. 1043, PAGE 517 (1/12/1949) PARCEL 6060-116 RS 57/3-16 RN. 00. FLOOD CONTROL C APN 508-171-007 ►��' R/W AREA C1�1�"mil. 2329 S.F. 0.054 A.C. EXISTING R AS RFC 11/18/ 9F�Y UN SHOWN ON RS 57/3-16 48 4 � Y 1 p'4RC^ f NF °F P�CFAGs 499 RS 5713 ° � 1s& °s0� 116 W EXISTING R/W LINE, & W'LY LINE PCL. 1, INST. #1966 9205 REC. 1/26/1966 L5 NE COR. OF PCL. 6060 115A 10' 10' 30, J 20' 0 ` POR. BOW 1027, PAGE 499 O.R. REC. 11 /18/48 PO B SE COR. PCL. 6060-116 1" = 30' RS 57/3-16 7/07/20 THE MOST NE'LY COR. OF BOOK 1027, 15 0 30 PAGE 499 O.R., REC. 11/18/1948 I I CITY OF PALM SPRINGS XM z 0 M El A S S O C I A T E S 1 ;:\2014`,,14 0262\Drowings,,Mopping`.14 0262 RW RCFC 5081 /1007.dwg 6- 25/2020 3:08 PM THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET 1 OF 1 14-262 SCALE: 1 "=30' DRWN BYAC R DATE 111612019 CHKD BY MFJ-- DATE SUBJECT: RIGHT-OF-WAY DEDICATION EXHIBIT Me' CHANNEL STRUCTURE EASEMENT APN:508-172-012 RN. CO. FLOOD CONTROL LINE TABLE LINE # DIRECTION LENGTH L1 N71'35'27"W 10.60' L2 N01'01'27"W 94.82' L3 S76'21'57"E 20.67' L4 S01'01'27"E 96.65' L5 N71'35'27'W 10.60' = N m f f ' to N o z? Z J U)cc z oui � O o z U r c� 30' N 11 S I � a Cd a Mpg. E" BLOCK F S'LY LINE OF BLOCK 10' cn L1-( POB NW COR., BLOCK "C" MB 22/76--77 a 1 7/07/20 1 " = 30' OLD R/W�. 5 0 30 SEC. 23, T4S, R4E, SBM A L B E R T A. E PALM VALLEY COLONY LANDS MB 14/652-SAN DIEGO POR. LOT 13 TAHQUITZ RIVER ESTATES NO. 2 MB 22/76-77 RIV. CO. FLOOD CONTROL BOOK 1043, PAGE 513 O.R. REC. 01/12/1949 PARCEL 6060-119A 10' APN 508-172-012 PER RS 57/3-16 R/W AREA T�&-@qrz 1,915 S.F. 0.044 A.C. C, RS 57/3-16 J N'LY LINE OF BLOCK "C" PARCEL 6060-118A L5 PER RS 57/3-16 0 N PER RS 5"', 119C B CK EXISTING 50' R/W PER MB 446/17-20 h 9IE () RECORD DATA PER MB 446/17-20. CITY OF PALM SPRINGS A S S O C I A T E S G:\2014, 14 0262\Drawings\Mapping, 14 -0262 RW RCFC._508172012 dwg 6/25/2020 4:31 Pm THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. W.O. ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. SHEET 1 OF 1 14-262 SCALE: 1 "=30' DRWN BY JCR DATE 04 20 9 CHKD BY MEJ DATE SUBJECT: RIGHT—OF—WAY Exhibit "C" EASEMENT DEEDS RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees and tax under Govt. Code 66103 and Rev. & Tax Code 611922 SLOPE EASEMENT (PALM CANYON DRIVE) APN: 508-161-002 For a valuable consideration, receipt of which is hereby acknowledged, Riverside County Flood Control and Water Conservation District, (hereinafter "Grantor"), hereby GRANTS to the City Of Palm Springs, a California charter city and municipal corporation, (hereinafter "Grantee"), a non-exclusive easement for grading (cutting into and filling over existing ground) and appurtenant uses, together with the right to construct, maintain, repair, and use the slope constructed for the benefit of Grantee, in, on, under, over and across the real property in the City of Palm Springs, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. Riverside County Flood Control and Water Conservation District Dated: By: Name: Its: M Dated: Name: Its: State of County of On Date personally appeared ALL-PURPOSE ACKNOWLEDGMENT 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. before me, Name, Title of Officer NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees and tax under Govt. Code §6103 and Rev. & Tax Code §11922 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF RIGHT-OF-WAY EASEMENT DEED (PALM CANYON DRIVE) APN: 508-161-002 APN: 508-171-013 APN: 508-172-010 For a valuable consideration, receipt of which is hereby acknowledged, Riverside County Flood Control and Water Conservation District, (hereinafter "Grantor"), hereby GRANTS to the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter "Grantee"), permanent easements for right-of-way, streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Palm Springs, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. Riverside County Flood Control and Water Conservation District Dated: By: Its: By: Dated: Name: Its: ALL-PURPOSE ACKNOWLEDGMENT 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 County of On Date before me, Name, Title of Officer personally appeared NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above RECORDING REQUESTED BY City of Palm Springs WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Exempt from recording fees and tax under Govt. Code 46103 and Rev. & Tax Code §11 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CHANNEL STRUCTURE EASEMENT (PALM CANYON DRIVE) APN: 508-171-007 APN: 508-172-012 For a valuable consideration, receipt of which is hereby acknowledged, Riverside County Flood Control and Water Conservation District, (hereinafter "Grantor"), hereby GRANTS to the City Of Palm Springs, a California charter city and municipal corporation, (hereinafter "Grantee"), a channel structure easement for grading (cutting into and filling over existing ground) and appurtenant uses, together with the right to construct, maintain, repair, and use the channel structure constructed for the benefit of Grantee, in, on, under, over and across the real property in the City of Palm Springs, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. Riverside County Flood Control and Water Conservation District Dated: By:_ Name: Its: By: Dated: Name: Its: State of County of On Date ALL-PURPOSE ACKNOWLEDGMENT 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. before me, Name, Title of Officer personally appeared NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Exhibit "D" HAZARDOUS SUBSTANCE DEFINITION P8/233134 EXHIBIT D HAZARDOUS SUBSTANCE DEFINITION The term "Hazardous Substance" as used in this Agreement shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "hazardous chemical substance or mixture", "imminently hazardous chemical substance or mixture", "toxic substances", "hazardous air pollutant", "toxic pollutant" or "solid waste" in the statues or regulations listed below. Hazardous Substances shall also mean any and all other similar terms defined in other federal state and local laws, statutes, regulations, orders or rules and materials and wastes which are regulated under applicable local, state or federal law for the protection of health or the environment or which are classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) A "Hazardous Substance", "Hazardous Material", "Hazardous Waste", or "Toxic Substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 U.S.C. §§ 9601, et seg., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et N., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et s�Mc .; (2) "Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by- product; (3) Listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity; (4) A material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the property to be put to any lawful purpose; (5) Any material the presence of which would require remediation, whether or not the presence of such material resulted from a leaking underground fuel tank; (6) Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et SeMc .; P8/233134 (7) Asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; (8) Any radioactive material including, without limitation, any "source material", "special nuclear material", "by-product material", "low-level wastes", "high-level radioactive waste", "spent nuclear fuel" or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§ 2011 et seMc ., or the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et sue. (9) Industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et SeMc .; All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and/or definition of Hazardous Substance defined herein. A $S'So 1Q$ bS8 rA 8 c1 =F_PA =E4 �ICTe1 d NA 4 =VI T CERTIFICATE OF LIABILITY INSURANCE _ oA8/3o12022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # 0757776 CONTACT Kristie Koehrer NAME HPO Box 5345 US International Insurance Services Inc. Riverside, CA 92517 PZcc No Ed,: (951 779-8558 FA//CC, No:(951) 231-2572 A4, . cal.cpu@hubinternational.com INSURER(Sl AFFORDING COVERAGE NMC0 INSURER A: Travelers Property Casualty Company of America 25674 INSURED INSURERB:Lexington Insurance Company 19437 INSURER C: Albert A. Webb Associates INSURER D: 3788 McCray Street Riverside, CA 92506 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AWL SUBR POLICY NUMBER POLICY EFF MMIoCIYA POLICYEXP X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E 1,000,000 CLAIMS -MADE 1XI OCCUR X P-630.5456P929-TIL-22 2/1/2022 21112023 DAMAGE TO RENTED E 30g,00g X $O Deductible MED EXP (Any oneperson) E 51000 PERSONALS ADV INJURY S 1'000,000 GEN'L AGGREGATE LIMIT APPUES PER X POLICY iva LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 1,000,000 BODILY INJURY Per emon S ANY AUTO X BA-3L23491A-22-43-G 211/2022 2/1/2023 BODILY INJURY Per acddent S OWNED SCHEDULED A�UpT�O�S ONLY AUUpTTr��O.pSSWW.�NN��pp Ix PecnOanDAMAGE S AUTOS ONLY X AUTOS ONLY E UMBRELLA LMe OCCUR EACH OCCURRENCE S AGGREGATE E EXCESS LIMB CLAIMS -MADE DED I I RETENTIONS A WORKERS COMPENSATION ANoEMPLOYERVLWBILITY ApNFY PROPRIETOR/PARTNER/EXECUTNE YYN IxlulniroF,J. BER EXCLUDED? 1rS NNI NIA X UB-4J648178-22.43-G 9/1/2022 91112023 X PER OTM- EL. EACH ACCIDENT 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POUYLIMIT 1,000,000 It yes. deecnbe under DE RIPTION OF OPERATIONS Wt. B Professional Liab. 031711122 911/2022 911/2023 Ded $150k/EaClaim I 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remark.Schedule,may beaxachedff mom apace Is required) RE: On -Call Trsfflc Engineering Services. The City of Palm Springs, its officials, employees, and agents are Additional Insured's With regard to the General Liability policy per the attached endorsement form CGD379 02/19, Primary S Non -Contributory wording included. Additional Insured applies with regard to the Auto Liability policy per the attached endorsement form CAT353 02/15. Primary 8 Non -Contributory applies with regard to the Auto Liability policy per the attached endorsement form CAT474 02116. Waiver of Subrogation applies with regard to the Workers' Compensation policy per the attached endorsement farm WC990376(A). Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Palm Springs CityACCORDANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS. Dept of Public Works and Engineering 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 9)1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 ACORO AGENCY CUSTOMER ID: ALBEAWE-01 LOC #: 0 ADDITIONAL REMARKS SCHEDULE AGENCY License # 0757776 NAMED INSURED HUB International Insurance Services Inc. Albert A. Webb Associates 3788 McCray Street POLICY NUMBER Riverside, CA 82506 EE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: CereOcate of Liability I eu ante SGONZALEZ Page 1 of 1 Description of Operations/LocationsNehicles: within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All ngnts reserved. The ACORD name and logo are registered marks of ACORD Albert A. Webb Associates Policy Number:630-5456P929-TIL-22 COMMERCIAL GENERAL LIABILITY Policy Period:02/01/2022 to 02/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured — Employees And Volunteer Workers — Bodily Injury To Co -Employees, Co - Volunteer Workers And Retired Partners, Members, Directors And Employees E. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft. in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e. of SECTION II —WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations J. Incidental Medical Malpractice K. Medical Payments — Increased Limit L. Amendment Of Excess Insurance Condition — Professional Liability M. Blanket Waiver Of Subrogation — When Required By Written Contract Or Agreement N. Contractual Liability —Railroads uses or is responsible for the use of a watercraft that you do not own that is: (1) 75feet long or less; and (2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in Its name or the documents that govern its structure. C. WHO IS AN INSURED — RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury": (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) 'Personal injury": (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) 'Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. Page 2 of 6 ® 2017 The Travelers Indemnify Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. D. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION 11— WHO IS AN INSURED: 3. Any organization you newly acquire or form. other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such COMMERCIAL GENERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F. BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury' that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury' or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11 — WHO IS AN INSURED: Any governmental entity that has issued a permit OF authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 ® 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with Re permission. occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related ads or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured, K. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY— RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement, 2. Paragraph L(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 C 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Albert A. Webb Associates Policy Number: BA-3L23491A-22-43-G Policy Term: 02/01/2022 to 02/0112023 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured. of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period. to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 6 2016 The Travelers Indemnity Company. All rights reserved. Page 1 Of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: BA-3L23491A-22-43-G Policy Term: 02/01/2022 to 02/01/2023 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 n 2ni5 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver Is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4). of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (II) Neither you nor any other involved "insured" will make any settlement without our consent. (III) We may, at our discretion, participate In defending the "insured" against, or in the settlement of, any claim or "suit". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "Insured" at our request, Including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense the "insured" against any such F, HIRED AUTO — LIMITED WORLDWIDE COV- "s "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI. LIABILITY COVERAGE, and not In TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (If you are a limited liability company) or Canada. members of their households. Page 2 of 4 m 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance services Oitice, Inc. with its permission. You agree to maintain all required or compulsory insurance In any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory Insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE —GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy: b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV —BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex - We will a u to $400 for "loss" to wearing a tent required of you by a written contract pay P 9 P- signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Othce, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 C 2015 The Travelers Indemnity Comparry. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its pennissian. TRAVELERSJ` ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - 003 POLICY NUMBER: UB-4J648178-22-43-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description ARCHITECTURAL SERVICES This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09/01/2022-09/01/2023 Insured AlbertA Webb Associates Insurance Company Policy No. 11B-4j648178-22-43-c Endorsement No. Premium Countersigned by DATE OF ISSUE: 09-1-22 ST ASSIGN: Page 1 of 1