HomeMy WebLinkAboutA9293 - Gray1 Del Mar, LLCCONTRACT ABSTRACT
Contract
Company Name:
Gray1 Del Mar, LLC
Company Contact:
As listed on Contract — Purchaser Samuel M Holty
Phone 619-544-9174 Email: Sholty@ayresadvisors.com
Summary of Services:
Sale of Real Property Tentative Tract Map 37309
Contract Price:
Lump Sum of One Hundred Nineteen Thousand Seven Hundred
twelve Dollars ($119,712.00)
Funding Source:
N/A
Contract Term:
N/A
Contract Administration
Lead Department:
Contract Administrator:
Contract Approvals
City Attorne}'
Jeff Ballinger
Council/ Community Redevelopment September 29, 2022
Agency Approval Date:
Agenda Item No./ Resolution No.: Item I.BB
Agreement No: A9293
Contract Compliance
Exhibits: Attached
Signatures:
Insurance: N/A
Bonds N/A
Contract prepared by:
Submitted on:11/16/2022 By: Brent Rasi
Note: Routed via paper per City Attorney directive
City Council Minutes September 29, 2022
BB. APPROVAL OF A PURCHASE AND SALE AGREEMENT OF REAL PROPERTY
WITH GRAYI DEL MAR, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, FOR PARCELS OF UNIMPROVED REAL PROPERTY WITHIN THE
BOUNDARY OF TENTATIVE TRACT MAP 37309 GENERALLY LOCATED AT
INTERSECTION OF ZANJERO ROAD AND ROCHELLE ROAD
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCU MEMBER KORS,
CARRIED 4-0, to:
1. Approve anAgreement, an Agreement for Purchase and Sale of Real Property with Gray
Del Mar, LLC, a California limited liability company, including a provision for right of
first refusal.
2. Authorize the City Manager to execute any and all appropriate and related documents in
order to effectuate the purchase and sale.
CC. APPROVE SIX -YEAR AGREEMENTS WITH DAILEY AND WELLS
COMMUNICATIONS, INC (A9213) AND RIVCOMM, INC. (A9214) FOR RADIO
AND INSTALLATION SERVICES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 4-0, to:
1. Approve Contract Service Agreement A9213 (Attachment A-1) with Dailey and Wells
Communications, Inc. to provide radios and installation services for the Police
Department for a six -year term in an amount not to exceed $2,072,907.43, beginning
October 1, 2022 through September 30, 2028.
2. Approve Contract Service Agreement A9214 (Attachment A-2) with Rivcomm, Inc. to
provide radios and installation services for the Airport and other City departments for a
six -year term in an amount not to exceed $255,139.03, beginning October 1, 2022
through September 30, 2028.
3. Authorize the City Manager or his designee to execute all necessary documents.
EXCLUDED CONSENT CALENDAR:
City of Palm Springs Page 12
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
("Agreement') is made and entered into on this 29 day of September, 2022, by and
between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation ("Seller"), and GRAY1 DEL MAR, LLC, a California limited liability company
("Purchaser"). Seller and Purchaser are sometimes referenced below as the "Parties,"
and each as a "Party." In consideration of the mutual covenants and representations
herein contained, and other good and valuable consideration the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
RECITALS
A. The purpose of this Agreement is to provide for the purchase and sale of that certain
nine thousand nine hundred and seventy-six (9,976) square feet of real property,
currently owned by the City of Palm Springs ("Property"). Exhibit A reflects the legal
description of the Property. Exhibit B reflects the map of the Property.
B. The Property is surrounded by adjacent parcels owned and planned for future
development by Purchaser, in the City of Palm Springs, County of Riverside, State of
California (the "Site"). Exhibit C reflects the Site in the context of the PPD Site Plan
("Site Plan").
C. The Site is currently intended to be incorporated in Purchaser's currently proposed
commercial/multi-family residential development, presently called the "Art Colony."
Purchaser requires acquisition of the Property from Seller to accommodate the
development of the Site.
D. Seller has determined that the Site's development, if it proceeds pursuant to this
Agreement, will advance the best interests of Seller in accord with the public purposes
and provisions of applicable federal, state, and local laws and requirements.
E. Pursuant to a separate Agreement for Purchase and Sale of Right of Way with 7 In
Olivera, LLC, a California limited liability company, the City has sold to said party that
certain six thousand three hundred and eighty-four (6,384) square feet of right of way
("Adjacent Property"). Exhibit D includes a map of the Adjacent Property. Said
transaction shall be referred to herein as the "Olivera Sale". Purchaser previously
identified its inability to acquire the Adjacent Property as a potential claim against
Seller ("Dispute"). On September 26, 2017, Purchaser advised Seller that Purchaser
has identified certain revisions to the Site Plan that avoid any conflict with its
development plan caused by Olivera's acquisition of the Adjacent Property, which
Purchaser had intended to acquire to accommodate the full development of its Site
Plan.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grays Del Mar, LLC
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55575.18175\34954249.4
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE
Based upon the true and correct recitals above, incorporated in their entirety herein
by this reference as material contractual terms, inclusive of the referenced exhibits and
all definitions, Seller agrees to sell the Property to Purchaser, and Purchaser agrees to
purchase the Property from Seller, upon the terms and for the consideration set forth in
this Agreement.
2. OWNER/SELLER
The City of Palm Springs ("Seller"), a charter city organized under the laws of the
State of California, owns the Property to be sold pursuant to this Agreement. The office
of the City is located at 3200 E. Tahquitz Canyon Way, P.O. Box 2743, Palm Springs,
CA 92263-2743.
3. PURCHASING ENTITY
Gray1 Del Mar, LLC, a California limited liability ("Purchaser') seeks to acquire title
to the Property hereunder. The principal office of the Purchaser is located at 2356 Moore
Street, Suite 200, San Diego, CA 92110. The term "Purchaser' as used in this Agreement
includes any permitted transferee, conveyee, or assignee of the Purchaser with the
qualifications and financial responsibility necessary and adequate, consistent with the
provisions of this Agreement and as may be reasonably determined by the City, to fulfill
the obligations undertaken in this Agreement by the Purchaser.
4. PURCHASE PRICE
The Parties agree that the total purchase price for the Property, payable on or
before three (3) business days prior to the Closing Date by Purchaser to Seller in cash
through the escrow facilitating the transaction underlying this Agreement ("Escrow"), shall
be the lump sum of One Hundred Nineteen Thousand Seven Hundred Twelve and
no/100 Dollars ($119,712.00) (the "Purchase Price"). Upon the opening of Escrow,
Purchaser shall deliver to Escrow Holder a deposit ("Deposit") applicable toward the
Purchase Price equal to Five Thousand Dollars ($5,000).
One Hundred and no/100 Dollars ($100.00) of the Deposit ("Independent
Consideration") shall be non-refundable to Purchaser as independent consideration for
the rights extended to Purchaser under this Agreement. The Independent Consideration
shall be released to Seller immediately following Purchasers delivery of the Deposit into
Escrow. In all instances under this Agreement in which Purchaser elects to terminate or
is deemed to have terminated this Agreement and the Deposit and Extension Deposits
are returned to Purchaser, Seller shall nevertheless retain the Independent
Consideration. The Independent Consideration shall be applicable to the Purchase Price.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
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55575.18175\34954249.4
5. USE OF SITE.
Purchaser's use of the Site upon acquisition of the Property shall consist of
construction and maintenance of a mixed use (commercial and multi -family residential)
project, which meets all applicable zoning and development standards of the City.
6. INTENTIONALLY LEFT BLANK
7. ESCROW AND TITLE INSURANCE
(a) Within ten (10) business days following the full execution of this Agreement,
the Parties shall open escrow ("Escrow") with an escrow company located
in the City of Palm Springs, California ("Escrow Holder"). Each of the
Parties shall pay fifty percent (50%) of all fees, charges, and costs of
Escrow.
(b) City shall deposit an executed and duly notarized copy of an instrument
conveying title to the Property to Purchaser, suitable for recordation in the
Official Records of Riverside County, with Escrow Holder within five (5)
business days after opening of Escrow.
(c) Purchaser shall deposit the full amount of the Purchase Price, offset by any
previous Deposit provided by Purchaser, in good funds with Escrow Holder
no later than three (3) days prior to the Closing Date.
(d) Escrow Holder shall cause to be issued and delivered to Purchaser, as of
Escrow's Closing Date and at Seller's expense, a CLTA standard coverage
policy of title insurance or, upon Purchaser's request and at Purchaser's
expense for the excess cost therefore an ALTA standard or extended
coverage policy of title insurance (a "Title Policy"), issued by Chicago Title
Company, with liability in the amount of the Purchase Price, covering the
Property, and showing title thereto vested in Purchaser free of
encumbrances and exceptions apart from:
A. The standard printed exceptions and exclusions contained in the
CLTA or ALTA form policy;
B. Utility and/or other easements or rights of third parties as to which
City has no control or capacity to eliminate; and
C. Any exceptions created or consented to by City, including without
limitation, any exceptions arising by reason of City's possession,
through the close of Escrow, of the Property.
(e) The Escrow's closing date (the "Closing Date") shall be in no event after
November 30, 2022 (the "Outside Closing Date"); however, Purchaser may
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
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55575. 18175 31954249 4
extend the Outside Closing Date for an additional Twelve (12) months
provided Purchaser gives Seller and Escrow Holder written notice of the
extension prior to the then Outside Closing Date and delivers to Escrow
Holder an additional deposit ("Extension Deposit") of Ten Thousand Dollars
($10,000). The Extension Deposit shall be applicable to the Purchase
Price.
(f) Escrow Holder may utilize all or part of this Agreement as escrow
instructions.
8. "AS IS" TRANSACTION, INDEMNITY
CITY IS MAKING NO REPRESENTATIONS OR WARRANTIES REGARDING
THE DEVELOPMENT POTENTIAL OF THE PROPERTY SOLD PURSUANT TO THIS
AGREEMENT, OR ITS SUITABILITY FOR ANY PARTICULAR USE OR PURPOSE, OR
WITH RESPECT TO ENVIRONMENTAL, HAZARDOUS WASTE OR OTHER LAWS OR
ORDINANCES, OR REGARDING THE PHYSICAL CONDITION OF THE PROPERTY,
INCLUDING SOILS AND GEOLOGY, OR REGARDING ANY LICENSES OR PERMITS
THAT PURCHASER MAY NEED TO OBTAIN IN ORDER TO OWN, LEASE OR USE
THE PROPERTY IN ACCORDANCE WITH ITS EXISTING OR ANY CONTEMPLATED
USES, OR REGARDING ANY OTHER MATTER OR THING WHATSOEVER.
PURCHASER IS ACQUIRING THE PROPERTY "AS IS," IN ITS PRESENT
STATE AND PHYSICAL CONDITION.
City's Initials: ( ) Purchaser's Initials: (�)
Purchaser agrees, from and after close of Escrow, to defend, indemnify, protect and hold
harmless the City and its officers, beneficiaries, employees, agents, attorneys,
representatives, legal successors and assigns ("Indemnitees") from, regarding and
against any and all liabilities, obligations, orders, decrees, judgments, liens, demands,
actions, claims, losses, damages, fines, penalties, expenses, or costs of any kind or
nature whatsoever, together with fees (including, without limitation, reasonable attorneys'
fees and experts' and consultants' fees), whenever arising, unless caused in whole or in
part by any of the Indemnitees, resulting from or in connection with either: (a) the actual
or claimed condition of the Property sold by Seller to Purchaser hereunder; or (b) Seller's
sale of the Property to Purchaser, including without limitation, any alleged non-
compliance with the Surplus Land Act (Cal. Gov. Code Sections 54220 et seq.) in
connection with the transaction contemplated by this Agreement. Purchaser's defense,
indemnification, protection and hold harmless obligations herein shall include, without
limitation, the duty to respond to any governmental inquiry, investigation, claim or demand
regarding the actual or claimed condition of the Property, at Purchaser's sole cost.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
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5 5575,18 175 34954249.4
9. COUNTERPARTS
This Agreement may be executed in counterparts, including electronically, each of
which so executed shall, irrespective of the date of its execution and delivery, be deemed
an original, and all such counterparts together shall constitute one and the same
instrument.
10. AMENDMENT
This Agreement may be amended only by a written instrument executed by the Party or
Parties to be bound thereby.
11. ATTORNEYS' FEES
In the event any legal action is brought by either party regarding the terms of this
Agreement or to recover damages for its breach, the prevailing party shall be entitled to
reasonable attorneys' fees therein as well as attorneys' fees incurred in enforcing any
judgment pertaining to such an action.
12. DEFAULTS, REMEDIES AND TERMINATION
(a) Subject to the extensions of time set forth herein, failure or delay by either
Party to perform any term or provision of this Agreement constitutes a
default under this Agreement. The Party who so fails or delays must
immediately commence to cure, correct or remedy such failure or delay and
shall complete such cure, correction or remedy with reasonable diligence,
and during any period of curing shall not be in default.
(b) The injured party shall give written notice of default to the party in default
specifying the default complained of by the injured party. Except as required
to protect against further damages, the injured party may not institute
proceedings against the party in default until ten (10) days after giving such
notice. Failure or delay in giving such notice shall not constitute a waiver of
any default nor shall it change the time of default.
(c) A default in the performance of this Agreement shall serve to toll the
passage of time with respect to the Outside Closing Date.
(d) Except as otherwise expressly provided in this Agreement, any failure or
delay by either party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any such rights or
remedies or deprive such party of its right to institute and maintain any
actions or proceedings that it may deem necessary to protect, assert or
enforce any such rights or remedies.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
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55575.19175 34954249A
(e) In the event that Seller defaults in its obligations to sell the Property to
Purchaser in accordance with this Agreement, Purchaser shall have the
right to (i) terminate its obligations to purchase the Property and receive a
return of the Deposit and Extension Deposit or (ii) or pursue any remedies
available to Buyer in law or at equity, including specific performance, to the
extent of Seller's title to the Property.
(f) In the event that the Buyer defaults in its obligations to purchase the
Property from Seller in accordance with this Agreement, Seller shall have
the right to (i) terminate Seller's obligations to sell the Property and retain
the Deposit and, if paid, the Extension Deposit or (ii) pursue any remedies
available to Seller in law or in equity, including specific performance.
(g) It is agreed that the rights granted to the Parties hereunder are of a special
and unique kind and character and that, if there is a breach by any Party of
any material provision of this Agreement, the other Party or Parties would
not have any adequate remedy at law. It is expressly agreed, therefore,
that the rights of the Parties hereunder may be enforced by such equitable
relief as is provided under the laws of the State of California.
13. NOTICES
Any and all notices required or permitted to be given hereunder shall be in writing
and shall be personally delivered, sent by electronic mail, recognized overnight delivery
service or mailed by certified or registered mail, return receipt requested, postage
prepaid, to the Parties at the addresses indicated below:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
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55575.18175\34954249.4
SELLER/CITY:
City of Palm Springs
3200 E. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263-2743
Telephone: (760) 323-8245
Email: flinn.fagg(c-)palmspringsca.gov
Attn: Flinn Fagg, Dep. City Manager
PURCHASER:
Gray1 Del Mar, LLC
2356 Moore St., Suite 200
San Diego, CA 92110
Telephone: (619) 544-9174
Email: sholty(a)avresadvisors.com
Attn: Samuel M. Holty
Any Party may change its address by a notice given to the other party in the manner set
forth above. Any notice given personally shall be deemed to have been given upon
service, notices sent by overnight service shall be deemed received on the next business
day and any notice given by certified or registered mail shall be deemed to have been
given on the third (3rd) business day after such notice is mailed.
14. NON -ASSIGNABLE AGREEMENT
This Agreement may not be assigned by either Party to any third party
15. ENTIRE AGREEMENT, INTERPRETATION, AND MODIFICATION
This Agreement reflects, contains, includes and supersedes any and all
understandings, agreements, representations, inducements or promises between the
Parties, oral or written, if any. The Exhibits attached hereto are incorporated by reference
herein. Neither of the Parties relies upon any warranty, promise, representation, or
agreement not contained in writing herein. No provision of this Agreement shall be
interpreted for or against either of the Parties because its legal representative drafted
such provision. This Agreement shall be construed as if jointly prepared by both Parties.
Any modification of this Agreement must be in writing duly signed by both of the Parties.
No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
16. SEVERABILITY
If in the context of litigation, any provision of this Agreement is determined to be
unenforceable in whole or in part for any reason, any remainder of such a provision and
of the entire Agreement will be severable, and remain in full force and effect.
17. HEADINGS
All section headings contained in this Agreement are for convenience or reference
only, do not form a part of this Agreement and shall not affect in any way the meaning or
interpretation of this Agreement.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
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55575.18175\34954249 A
18. JURISDICTION AND VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. In the event of any legal action to enforce or interpret this Agreement, the
Parties agree that the venue shall be the Superior Court of California, County of Riverside.
19. EXECUTION OF AGREEMENT, EFFECTIVE DATE
The Parties agree and acknowledge that they have executed this Agreement
freely, voluntarily and upon the advice of counsel to the extent that any was desired. This
Agreement shall be fully effective and binding upon the Parties as of the date and year
first written above.
20. TIME OF THE ESSENCE
Time is of the essence of this Agreement and each of the Parties shall promptly
execute all documents necessary to effectuate the intent herein and shall perform in strict
accordance with each of the hereinabove provisions.
21. INDEPENDENT LEGAL COUNSEL.
Each undersigned Party acknowledges that it has been represented by
independent legal counsel of its own choice throughout all of the negotiations that
preceded the execution of this Agreement or has knowingly and voluntarily declined to
consult legal counsel; furthermore, each Party has executed this Agreement with the
consent and on the advice of such independent legal counsel or knowingly and
intelligently waived such consent and advice.
22. PARTIES DULY AUTHORIZED.
Each of the Parties represents and warrants that it is duly authorized to enter into
the transaction underlying this Agreement.
23. INDEPENDENT INVESTIGATION.
Each Party to this Agreement has made an independent investigation of the facts
pertaining to the provisions contained in this Agreement and all of the matters pertaining
thereto as deemed necessary.
24. WAIVER AND RELEASE REGARDING OLIVERA SALE
Purchaser, on behalf of itself, its members, officers, investors, assigns, and
successors, and each of them, hereby covenants not to sue and fully releases and
discharges Seller, its elected officials, officers, employees, attorneys and volunteers, and
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
Page 8 of 10
55575.18175134954249.4
each of them, ("Releasees") with respect to, and from, any and all claims, demands,
rights, liens, agreements, contracts, covenants, actions, suits, causes of action,
obligations, debts, costs, expenses, attorneys' fees, damages, judgments, orders and
liabilities of whatever kind or nature, whether now known or unknown, suspected or
unsuspected, which Purchaser now owns or holds or which Purchaser has at any time
heretofore owned or held or may in the future hold against said Releasees, arising out of
or in any way connected with the Olivera Sale, defined in Recital E. Purchaser hereby
expressly waives any and all rights and benefits conferred upon it by the provisions of
Section 1542 of the California Civil Code. Section 1542 provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN her OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, AND THAT, IF KNOWN BY her OR HER, WOULD HAVE
MATERIALLY AFFECTED her OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
Purchaser acknowledges that it may hereafter discover claims or facts in addition to or
different from those that which it now knows or believes to exist with respect to the subject
matter of this Agreement and which, if known or suspected at the time of executing this
Agreement, may have materially affected this release. Nevertheless, Purchaser hereby
waives any right, claim or cause of action that might arise as a result of such different or
additional claims or facts. Purchaser acknowledges and understands the significance
and consequence of such release and such specific waiver of Section 1542.
SIGNATURES FOLLOW
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
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55575. 18175 34954249 4
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and
year first written above.
SELLER/CITY:
CITY OF PALM SPRINGS,
a California charter city
and municipal corporation
OLD ---
Teresa Ga[lavan
Interim City Manager
APPROVED AS TO FORM:
i
Jeff rey 9r Eralli r
City Attorney
ATTEST:
014 6/-
Brenda Pree,
City Clerk
APPROVED BY CITY COUNCIL
-29-2021 lfeft WA 7293
PURCHASER:
GRAY1 DEL MAR LLC,
a Califor is limited liability ompany
By:
Samuel M. Ho y, Vice Presi ent
APPROVED AS TO FORM:
Cox, Castle & Nicholson LLP, by Mark
P. McClanathan, Esq.,
Attorney for Grayl Del Mar, LLC
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Grayl Del Mar, LLC
Page 10 of 10
55575.1817534954249.4
EXHIBIT "A"
APPROVED LEGAL DESCRIPTION
CITY OF PALM SPRINGS SALE PARCEL
PARCEL "R":
BEING A PORTION OF THE PARCEL DESCRIBED IN RESOLUTION NO.2520 OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS RECORDED APRIL 18, 1949 IN
BOOK 1069, PAGE 5 OF OFFICAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, LOCATED IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF INDIAN CANYON DRIVE
(30 FEET IN HALF WIDTH) AND VIA OLIVERA (30 FEET IN HALF WIDTH) AS
SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 146, PAGE 85, OF RECORDS OF
SURVEYS, OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 89° 55' 42" WEST, A DISTANCE OF 429.06 FEET ALONG SAID
CENTERLINE OF VIA OLIVERA TO THE EASTERLY LINE OF SAID PARCEL, ALSO
BENG THE WESTERLY LINE OF THE WHITEWATER MUTUAL WATER COMPANY'S
RIGHT-OF-WAY;
THENCE NORTH 12014'00" WEST, A DISTANCE OF 21.05 FEET ALONG THE
EASTERLY LINE OF SAID PARCEL;
THENCE NORTH 15006'00" WEST, A DISTANCE OF 222.35 FEET ALONG THE
EASTERLY LINE OF SAID PARCEL TO THE EAST PROLONGATION OF PARCEL 2 AS
DESCRIBED IN DOCUMENT NO.2015-0257244, RECORDED JUNE 17, 2015, OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 15006'00" WEST, A DISTANCE OF 44.46 FEET CONTINUING ALONG
THE EASTERLY LINE OF SAID PARCEL;
THENCE NORTH I8032'00" WEST, A DISTANCE OF 87.93 FEET ALONG THE
EASTERLY LINE, OF SAID PARCEL TO THE MOST NORTHEASTERLY CORNER
THEREOF;
THENCE NORTH 89038'00" WEST, A DISTANCE OF 143.29 FEET ALONG THE NORTI I
LINE OF SAID PARCEL TO MOST NORTHWESTERLY CORNER THEREOF;
THENCE SOUTH 00011'00" WEST, A DISTANCE OF 50 FEET ALONG THE WESTERLY
TINE OF SAID PARCEL;
THENCE SOUTH 89038'00" EAST, A DISTANCE OF 128.53 FEET ALONG TI IE
WESTERLY LINE OF SAID PARCEL;
EXHIBIT A
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
Grayl Del Mar, LLC
55575.18175\34954249.4
Exhibit A
(Legal Description of the "Property")
(Continued)
THENCE SOUTH 18032'00" EAST, A DISTANCE OF 44.45 FEET ALONG THE
WESTERLY LINE OF OF SAID PARCEL;
THENCE SOUTH 15006'00" EAST, A DISTANCE OF 35.25 FEET ALONG THE
WESTERLY LINE OF OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID
PARCEL 2 DESCRIBED IN SAID DOCUMENT NO. 2015-0257244;
THENCE SOUTH 89037'00" EAST, A DISTANCE OF 31.13 FEET ALONG THE
EASTERLY PROLONGATION OF THE NORTH LINE OF SAID PARCEL 2 TO THE TRUE
POINT OF BEGINNING.
SUBJECT TO ANY EASEMENTS, IF ANY.
SAID PARCEL CONTAINS 9,976 S.F. (0.23 ACRES), MORE OR LESS.
AS SI IOWN ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A
PART HEREIN.
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S
ACT.
C ' G - 9 - 01 F
4 ROBERT O. ROBERT C. OLLERTON, P.L.S. 7731 DATE N0.
No.77
u 7731
9
c
OF CALIfo
EXHIBITA
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
Grayl Del Mar, LLC
55575.18175\34954249.4
EXHIBIT "B"
P,acqud CIa6 Rand
c fl�BEgT C. ^.ppi
. OIIERTpry 9
I N Na. 7)J1 1
m�aar
I '���FCAITF�P`
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I N8T38'00'W - 143.28'
PARCEL"B'
NB938'0014 - 128,53' X -%
I �
IA
I r
_ _N89'37'00"W N 152.07'
RS 146/85 — — — — -
o_
PARCEL 2
I
L DOCI 2015-0257244 O.R.
Lill
0310V - 159.43'
I
g I PARCEL 1
_ I DOCI 2015-0257244 O.R.
to
3
i
Ya Divea o -
OA PARCEL DESC. IN
RESOLUTION NO. 2520 OF Via Esme
THE CITY COUNCIL OF Kill ND�"
e
SPRKS, REC. 4/18/1949 VICINITY MAP
BK.1069, PG.5, O.R.
,e
1
l5
I � RS 146/85
I 189.19'
I
WESTERLY LINE
WHDEWATER
MUTUAL CO. R/W
T.P.O.B.
PARCEL Y
VIA OLIVERA T.P,O.B. PARCEL °A'
N8555 421- 246.35'
CITY OF PALM SPRINGS ENGINEERING SERVICES
ne acquisition intended by this Agreement includes oniy that
)rtion identified as' Parcel 8 and excludes the portion shaded in
LINE TABLE
I.D.
BEAREG
ISM
L1
055'421
429.06
L2
N1714'OOV
21.05
L3
1,115'06'001
9.76
L4
055'421
31.06
L5
I N8T37'00'W
31.13
L6
N1506'00"W
44.46
L7
SOU IVOOV
50.00
L8
S1932'00"E
44.45
L9
S15'06'001
35.25
L10
NOO'11'001
68.33
LIT
055421
19.00
112
N0011'00'E
28.14
ALL DATA SHOWN HEREON IS
RECORD PER RS 146/85
P.O.0 �!7
PARCELS A & B
u z
7731
1' - FLIP I— 1-=10' 1—'--R 17-031
EXHIBIT B
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
Grayl Del Mar, LLC
55575.18175\34954249.4
Exhibit C
EXHIBIT C
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
Grayl Del Mar, LLC
55575.18175\34954249.4
ART COLONY / PALM SPRINGS, CA
PDD SITE PLAN
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ear
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®�ENME
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
Grayl Del Mar, LLC
May 02, 2017
b.�ry
F4u..0 uWC.a6.a�.i•w•"�.uww
55575.18175\34954249.4
Exhibit D
EXHIBIT D
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
Gray1 Del Mar, LLC
100957\14731886v8
N8538'0014 - 128.53'
I
IA
I
_ _N89'37'OOV » 152.07'
RS 146/85 - - - - - -
o I PARCEL 1
I L_ DOCI 2015-0257244 O.R.
Lit
050019 - 159.43'
I
8 I PARCEL 1
I DOCI 2015-0257244 O.R.
B Y0 Olirno o
OA PARCEL DESC. IN
RESOLUTION NO. 2520 OF Via Fxv°b
THE CITY COUNCIL OF PALM N0�"
SPRNCS, REC. 4/18/1949 VICINITY MAP
BK IO69, PG.5, O.R.
STERLY LINE
W
MUTUAL CO. R/W
T.P.O.B.WUE
PARCEL 'Bo
f
r,
Ir
A
0
I Q RS 146/85
I jl 189.19'
0
I� 208.19'
VIA OLIVCRA i.P,O.B. PARCEL °A°
NB555421 246.35'
CITY OF PALM SPRINGS ENGINEERING SERVICES
ie acquisition by Adjacent Purchaser by separate Agreement
cluded that portion identified as "Parcel A". and excluded the
xtion shaded in red
LINE TABLE
LD.
BEARING
ISM
L1
NBTS.S'421
429.06
L2
N1714'001
21.05
L3
N1506'00'W
9.76
l4
055'421
31.06
L5
N89'37'00°W
31.13
L5
N15'06'00'W
44.46
L7
S09I1'00'W
50.00
LB
S1E32'00'E
44.45
L9
S1506'001
35.25
L10
N911'001
68.33
1.11
055421
19.00
LI
NOYI1'00'E
28.14
ALL DATA SHOWN HEREON IS
RECORD PER RS 146/85
P.O.0 i w
PARCELS A & B Z o
_t-
FUP
Rc0
EXHIBIT D
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
Grayl Del Mar, LLC
7731
•L
'R 17-03
100957\14731886v8